DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1 and 3 are pending and currently under consideration for patentability.
Claims 1 is hereby amended.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/3/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 1 is objected to because of the following informalities: “the stretchable sheet” of claim 1 should be “the rectangular stretchable sheet” throughout the claim language for consistency of terminology . Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Kasai (US 20040158216 A1) in view of Ando (JP 4749256 B2) in view of Minato (US 20110106040 A1) in view of Yamamoto (US 20180168886 A1) in view of Miyama (US 20190083328 A1).
Regarding Claim 1, Kasai teaches a disposable diaper comprising:
an absorber (20) disposed between a liquid pervious top sheet (11) and a liquid impervious back sheet (15);
an end flap portion (R1, R3) formed on each side of the absorber in a front-back direction; and
a lotion portion (40, 42) extending in the front-back direction and formed on a body-side surface of the top sheet (paragraph [0027])(fig. 2 and 3); and
wherein in the front-back direction, the first lotion portion is disposed in an intermediate portion between a ventral side portion and a dorsal side portion (paragraph [0015]) (figures 1-3).
From the annotated figure below, it is clear that the Kasai shows ventral side portion accounting for 20 to 45% of a front-back direction length of the top sheet from a ventral side end of the top sheet and a dorsal side portion accounting for 10 to 35% of the front-back direction length of the top sheet from a dorsal side end of the top sheet however fails to explicitly teach so. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have ventral side portion accounting for 20 to 45% of a front-back direction length of the top sheet from a ventral side end of the top sheet and a dorsal side portion accounting for 10 to 35% of the front-back direction length of the top sheet from a dorsal side end of the top sheet in order to fit the particular patient since this claimed dimension of the ventral and dorsal region is non-critical. Since applicant has not given any criticality to why the dimension disclosed has any importance to the function of the claimed device (see paragraphs 0011 of applicants specification), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777. It would be obvious the dorsal and ventral side be flexible to adjust for the patient and their body type.
wherein the first lotion portion is disposed in each of the ventral side portion and the dorsal side portion (annotated figure 2), and a second application (area, 42; [0036]) basis weight of a lotion agent forming the lotion portion disposed in each of the ventral side portion and the dorsal side portion is smaller than a first application basis weight of the first lotion agent forming the lotion portion disposed in the intermediate portion (application area, 40) (annotated figure 2), and
wherein the lotion agent forming the first lotion portion disposed in each of the ventral side portion (annotated figure 2), the dorsal side portion and the intermediate portion is water-soluble glycerin (paragraph [0040]) (annotated figure 2),
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a rectangular stretchable sheet (20) that stretches and contracts along the longitudinal direction is disposed between the top sheet and the back sheet forming the end flap portion on a dorsal side (paragraph [0100]),
wherein the stretchable sheet is formed of an inner sheet facing the top sheet (11), an outer sheet facing the back sheet (15), and a stretchable member (30) extending in the width direction that stretches and contracts in the width direction between the inner sheet and the outer sheet at a predetermined interval in the front-back direction (paragraph [0034]),
wherein the stretchable member is fixed to an opposite body-side surface of the inner sheet and a body-side surface (paragraph [0102]) of the outer sheet via at least a first adhesive and a second adhesive portion adjacent thereto portion formed at a predetermined interval in the width direction (paragraph [0034]), and
wherein in plain view, the first interval of the first lotion portion in the width direction is wider than the second interval between the first adhesive portion and the second adhesive portion adjacent thereto in the extending in the width direction (Annotated figure 1A), and
wherein the stretchable member is fixed to an opposite body-side surface of the inner sheet and a body-side surface (paragraph [0102]) of the outer sheet via at least a first adhesive portion and a second adhesive portion adjacent thereto formed at a predetermined interval in the width direction (paragraph [0034]), and
in plain view, a first interval of the lotion portion in the width direction is wider than a second interval between the adhesive portion and the adhesive portion adjacent thereto in the width direction (Annotated figure 1A).
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Kasai fails to teach wherein an adhesive force of the adhesive portion overlapping the lotion portion is weakened relative to an adhesive force of the weak adhesive portion not overlapping the lotion portion such that a wrinkle formed on a body-side surface of the stretchable sheet is extended more to a body side than a wrinkle formed on a side opposite the body side.
It would be obvious to one of ordinary skill in the art that lotion would weaken the adhesive portion. It is an inherent properties of adhesives that they weaken when exposed to liquid or lotion. Ando teaches wrinkle forming rolls 154b and 151 so that the unevenness is repeated along the longitudinal direction wrinkles are formed so that unevenness is repeated along the longitudinal direction is easily stretched and extinguishes when extensible force is applied in the longitudinal direction (page 10, paragraphs 4-5). With the motivation that the wrinkles are uneven, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the wrinkles of Kasai so the wrinkle formed on a body-side surface of the stretchable sheet is extended more to a body side than a wrinkle formed on a side opposite the body side as the diameter is smaller and therefore the wrinkles would be more protruded.
Kasai and Ando fail to teach wherein the first lotion portion extends a predetermined first interval in the width direction, and an area free of lotion agent is provided between the first lotion portion and a lotion portion adjacent thereto in the width direction.
In a similar field of endeavor, Minato teaches an absorbent with lotion zones wherein the first lotion portion extends a predetermined first interval in the width direction, and an area free of lotion agent is provided between the first lotion portion and a lotion portion adjacent thereto in the width direction (paragraph [0068][0070]) (figure 3 and 4).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the diaper of Kasai in view of Ando so the first lotion portion extends a predetermined first interval in the width direction, and an area free of lotion agent is provided between the first lotion portion and a lotion portion adjacent thereto in the width direction, similar to Minato so that the intermediate regions may continue to absorb fluid (as motivated by Minato, paragraph [0070]).
Kasai and Ando fail to teach a rectangular stretchable sheet (20) that stretches and contracts along the longitudinal direction is disposed between the top sheet and the back sheet forming the end flap portion on a dorsal side, wherein the longitudinal direction is continuously disposed along the width direction and corresponds to the longest dimension of the stretchable sheet.
In the same field of endeavor Yamamoto teaches a method for manufacturing an absorbent article wherein a rectangular stretchable sheet (8a)(figure 2) that stretches and contracts along the longitudinal direction is disposed between the top sheet and the back sheet forming the end flap portion on a dorsal side, wherein the longitudinal direction is continuously disposed along the width direction and corresponds to the longest dimension of the stretchable sheet (figure 2)(paragraph [0091-0093]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article of Kasai to include the stretchable inner sheet of Yamamoto so that the absorbent article may adapt in shape to the movement of the user and the stretchable member is released and contracts in the transporting direction to allow my movement of the user (as motivated by Yamamoto, paragraph [0002]).
The previous references fail to teach wherein the rectangular stretchable sheet is not disposed between the top sheet and the back sheet forming the end flap on a ventral side. Miyama teaches a disposable diaper wherein the rectangular stretchable sheet is not disposed between the top sheet and the back sheet forming the end flap on a ventral side (paragraph [0076-0077]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the diaper of Kasai so wherein the rectangular stretchable sheet is not disposed between the top sheet and the back sheet forming the end flap on a ventral side, similar to Miyama to reduce the stimulation to the skin by the leg surrounding opening (as motivated by Miyama, paragraph [0076]).
Regarding Claim 3, Kasai in view of Ando and Minato and Yamamoto teaches the disposable diaper according to claim 1. Kasai fails to explicitly teach wherein the first application basis weight is 5 to 15 g/m2, and the second application basis weight is 2 to 5 g/m2. However Kasai does teach that the application weight can be in the range of 5 to 15 g/m2 and 2 to 5 g/m2 (paragraph [0082]) but fails to teach two separate application regions. Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the application basis weight to be in the two ranges cited.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached on (571)-270-5879. The fax phone number for the organization where this application or proceeding is assigned is (571)-270-5879.
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/KATE ELIZABETH STRACHAN/Examiner, Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781