DETAILED ACTION
This action is in response to the Request for Continued Examination (RCE) filed 2/12/2026. Currently, claims 1, 2, 13, 14, 16, 25, 99, 100, 102, 103 and 113-117 are pending in the application. Claims 3-12, 15, 17-24, 26-98, 101 and 104-112 are cancelled by Applicant. New clams 113-117 are added by Applicant.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/5/2026 has been entered.
Response to Arguments
Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Locke et al. does not teach a plurality of ribs formed from a polymeric gel adhesive, the examiner respectfully disagrees. As detailed below, Locke et al. is interpreted in two ways to teach this feature. First, Locke et al. teaches a plurality of ribs (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]; shown in Figures 3B and 3C to have a rib structure; [0052] teaches “the mesh 128 may have a plurality of fibers 136;” [0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144”) formed from a polymeric gel adhesive ([0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144;” [0057] teaches “a sealing adhesive may be formed of a silicone gel (or soft silicone), hydrocolloid, hydrogel, polyurethane gel, polyolefin gel, hydrogenated styrenic copolymer gels, or foamed gels with compositions as listed, or soft closed cell foams (polyurethanes, polyolefms) coated with an adhesive (for example, 30 gsm - 70 gsm acrylic), polyurethane, polyolefin, or hydrogenated styrenic copolymers”). Second, Locke et al. teaches a plurality of ribs (gel sealing adhesive 144 coated on the plurality of fibers 136, as taught in [0056]; the plurality of fibers 136, and therefore, the coating of gel adhesive 144 thereon, is shown in Figures 3B and 3C to have a rib structure; [0052] teaches “the mesh 128 may have a plurality of fibers 136;” [0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144”) formed from a polymeric gel adhesive ([0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144;” [0057] teaches “a sealing adhesive may be formed of a silicone gel (or soft silicone), hydrocolloid, hydrogel, polyurethane gel, polyolefin gel, hydrogenated styrenic copolymer gels, or foamed gels with compositions as listed, or soft closed cell foams (polyurethanes, polyolefms) coated with an adhesive (for example, 30 gsm - 70 gsm acrylic), polyurethane, polyolefin, or hydrogenated styrenic copolymers”).
Claim Objections
Claim 1 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “the ribs” in line 8 of the claim should be amended to recite ---the plurality of ribs---. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 25 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 25 recites “the ribs of the third layer have a water absorption rate of 0.5g/g to 5g/g, dry adhesive strength of 5N/25 cm to 15N/25 cm, density of 0.9 g/cc to 1.5 g/cc or any combination thereof.” No support is provided for this claim limitation in Applicant’s specification as originally filed. Applicant’s original disclosure only teaches the third layer as a whole, and not the individual ribs (as claimed), having a water absorption rate of 0.5g/g to 5g/g, dry adhesive strength of 5N/25 cm to 15N/25 cm, density of 0.9 g/cc to 1.5 g/cc or any combination thereof. It is possible that the third layer as a whole could achieve the disclosed water absorption rate while being comprised of ribs with varying water absorption rates that average to the water absorption rate taught for the third layer.
Claim 113 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 113 recites “the ribs consist essentially of polymeric gel adhesive having a Shore value between about 10 Shore 00 and about 50 Shore 00.” No support is provided for this claim limitation in Applicant’s specification as originally filed. Applicant’s original disclosure only teaches the third layer as a whole, and not the individual ribs (as claimed), having a specific Shore value. It is possible that the third layer as a whole could achieve the disclosed Shore value while being comprised of ribs with varying Shore values that average to the Shore value taught for the third layer.
Claim 113 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 113 teaches the ribs having “a Shore value between about 10 Shore 00 and about 50 Shore 00.” No support is provided for this claim limitation in Applicant’s specification as originally filed. Applicant’s originally disclosure only teaches the ribs having a Shore value between exactly 10 Shore 00 and exactly 50 Shore 00.
Claim 115 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 115 recites “the plurality of perforations comprise irregular trapezoid shapes.” No support is provided for this claim limitation in Applicant’s specification as originally filed. While Applicant’s original disclosure teaches that the perforations can be “irregular shaped,” Applicant’s original disclosure does not teach this irregular shape being trapezoidal, specifically (as claimed) (see at least [0056] of the publication of the present application).
Claims 116 and 117 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 116 recites “at least one radial rib coupling the center rib to a corner.” No support is provided for this claim limitation in Applicant’s specification as originally filed. As shown in Applicant’s Figure 2D, Applicant’s original disclosure teaches exactly four such radial ribs extending from the center rib to a respective corner (shown in Figure 2D), and does not teach a lesser number of radial ribs or infinite number of radial ribs (as permitted by Applicant’s recitation of “at least one” in the claim). Claim 117 depends on claim 116 and therefore, includes the same error.
Claims 116 and 117 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 116 and 117 recite rectangular annuli including a “rectangular annulus,” “a first rectangular annulus” and “a second rectangular annulus.” No support is provided for this claim limitation in Applicant’s specification as originally filed. As shown in Applicant’s Figure 2D, Applicant’s original disclosure teaches annuli that are specifically square, and not shaped as any type of rectangle, as claimed. Claim 117 depends on claim 116 and therefore, includes the same error.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 14, 16, 99, 100 and 103 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Locke et al. (WO 2015130471 A1) (first interpretation).
Regarding claim 1, Locke et al. teaches in Figures 1-3C, [0047-0048], [0051], and [0056-0057]
a first layer (film layer 124) having a first surface (top surface of film layer 124, as positioned in Figure 2) and a second surface (bottom surface of film layer 124, as positioned in Figure 2), said first layer (film layer 124) comprising a first polymer composition ([0047] teaches “the film layer 124 may be formed from numerous materials, such as one or more of the following: hydrophilic polyurethane (PU), cellulosics, hydrophilic polyamides, polyvinyl alcohol, polyvinyl pyrrolidone, hydrophilic acrylics, hydrophilic silicone elastomers, and copolymers of these”);
a second layer (layer of a bonding adhesive 126) having a first surface (top surface of layer of a bonding adhesive 126, as positioned in Figure 2) and a second surface (bottom surface of layer of a bonding adhesive 126, as positioned in Figure 2), said second layer (layer of a bonding adhesive 126) comprising an adhesive ([0048] teaches “the bonding adhesive 126 may be a medically-acceptable, pressure-sensitive adhesive”); and
a plurality of ribs (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]; shown in Figures 3B and 3C to have a rib structure; [0052] teaches “the mesh 128 may have a plurality of fibers 136;” [0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144”) formed from a polymeric gel adhesive ([0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144;” [0057] teaches “a sealing adhesive may be formed of a silicone gel (or soft silicone), hydrocolloid, hydrogel, polyurethane gel, polyolefin gel, hydrogenated styrenic copolymer gels, or foamed gels with compositions as listed, or soft closed cell foams (polyurethanes, polyolefms) coated with an adhesive (for example, 30 gsm - 70 gsm acrylic), polyurethane, polyolefin, or hydrogenated styrenic copolymers”) and defining a third layer (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]) having a first surface (top surface of plurality of fibers 136 coated with gel sealing adhesive 144, as positioned in Figure 2) and a second surface (bottom surface of plurality of fibers 136 coated with gel sealing adhesive 144, as positioned in Figure 2), the ribs (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]) further defining (as shown in Figure 3A; [0055] teaches “bonding apertures 134 may be formed through one or more fibers 136”) a plurality of perforations (bonding apertures 134);
wherein the second layer (layer of a bonding adhesive 126) is positioned between (as shown in Figure 2) the first layer (film layer 124) and the third layer (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]).
Regarding claim 2, Locke et al. teaches the apparatus of claim 1. Locke et al. teaches in Figure 2 and [0062] that the second surface (bottom surface of film layer 124, as positioned in Figure 2) of the first layer (film layer 124) is in contact (as shown in Figure 2; [0062] teaches “the bonding adhesive 126 may be coupled to the film layer 124”) with the first surface (top surface of layer of a bonding adhesive 126, as positioned in Figure 2) of the second layer (layer of a bonding adhesive 126) and/or the second surface (bottom surface of layer of a bonding adhesive 126, as positioned in Figure 2) of the second layer (layer of a bonding adhesive 126) is in contact with (as shown in Figure 2; [0062] teaches “the mesh 128 may be coupled to the bonding adhesive 126”) the first surface (top surface of plurality of fibers 136 coated with gel sealing adhesive 144, as positioned in Figure 2) of the third layer (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]).
Regarding claim 14, Locke et al. teaches the apparatus of claim 1. Locke et al. teaches in [0048] that the adhesive ([0048] teaches “the bonding adhesive 126 may be a medically-acceptable, pressure-sensitive adhesive”) is a high tack acrylic adhesive ([0048] teaches “the bonding adhesive 126 may also be a high-bond strength acrylic adhesive”), a color changing adhesive, and/or light-switchable adhesive.
Regarding claim 16, Locke et al. teaches the apparatus of claim 1. Locke et al. teaches in [0056-0057] that the polymeric gel adhesive ([0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144;” [0057] teaches “a sealing adhesive may be formed of a silicone gel (or soft silicone), hydrocolloid, hydrogel, polyurethane gel, polyolefin gel, hydrogenated styrenic copolymer gels, or foamed gels with compositions as listed, or soft closed cell foams (polyurethanes, polyolefms) coated with an adhesive (for example, 30 gsm - 70 gsm acrylic), polyurethane, polyolefin, or hydrogenated styrenic copolymers”) comprises a polyurethane gel, polyurethane adhesive, a hydrogel, a hydrocolloid or any combination thereof.
Regarding claim 99, Locke et al. teaches in Figures 1-3C, [0046-0048], [0050-0051], [0055-0057] and [0062]
a liquid barrier layer (film layer 124; [0046] teaches “the film layer 124 may be liquid-impermeable”) comprising a polymeric film ([0047] teaches “the film layer 124 may be formed from numerous materials, such as one or more of the following: hydrophilic polyurethane (PU), cellulosics, hydrophilic polyamides, polyvinyl alcohol, polyvinyl pyrrolidone, hydrophilic acrylics, hydrophilic silicone elastomers, and copolymers of these”);
an adhesive layer (bonding adhesive 126) in contact with (as shown in Figure 1; [0048] teaches “the bonding adhesive 126 may be coupled directly to the film layer 124”) the liquid barrier layer (film layer 124); and
a plurality of ribs (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]; shown in Figures 3B and 3C to have a rib structure; [0052] teaches “the mesh 128 may have a plurality of fibers 136;” [0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144;” [0050] teaches “the mesh 128 may be a polymeric mesh;” [0057] teaches that the gel sealing adhesive 144 may be “hydrophilic”) forming (as shown in Figures 3A and 3B; [0052] teaches “the mesh 128 may have a plurality of fibers 136”) a liquid retaining polymeric film layer (mesh 128 coated with gel sealing adhesive 144, as taught in [0056]; [0050] teaches “the mesh 128 may be a polymeric mesh;” [0057] teaches that the gel sealing adhesive 144 may be “hydrophilic”) in contact with (as shown in Figure 1; [0062] teaches “the mesh 128 may be coupled to the bonding adhesive 126”) the adhesive layer (bonding adhesive 126), the plurality of ribs (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]) defining ([0055] teaches “bonding apertures 134 may be formed through one or more fibers 136”) a plurality of perforations (bonding apertures 134) through the liquid retaining polymeric film layer mesh 128 coated with gel sealing adhesive 144, as taught in [0056]; [0050] teaches “the mesh 128 may be a polymeric mesh;” [0057] teaches that the gel sealing adhesive 144 may be “hydrophilic”); and
the ribs (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]) having an average cross-section length (diameter 127) parallel to (as shown in Figures 3A and 3B) a first surface (top surface of mesh 128 coated with gel sealing adhesive 144, as positioned in Figure 2) and a second surface (bottom surface of mesh 128 coated with gel sealing adhesive 144, as positioned in Figure 2) of the liquid retaining polymeric film layer (mesh 128 coated with gel sealing adhesive 144, as taught in [0056]; [0050] teaches “the mesh 128 may be a polymeric mesh;” [0057] teaches that the gel sealing adhesive 144 may be “hydrophilic”) of between 1 to 6 mm ([0051] teaches “the diameter 127 may be no greater than about 1 mm,” which is understood to include the claimed distance of 1 mm).
Regarding claim 100, Locke et al. teaches the apparatus of claim 99. Locke et al. teaches in [0056] that the liquid retaining polymeric film layer (mesh 128 coated with gel sealing adhesive 144, as taught in [0056]) comprises ([0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144;” [0057] teaches “a sealing adhesive may be formed of a silicone gel (or soft silicone), hydrocolloid, hydrogel, polyurethane gel, polyolefin gel, hydrogenated styrenic copolymer gels, or foamed gels with compositions as listed, or soft closed cell foams (polyurethanes, polyolefms) coated with an adhesive (for example, 30 gsm - 70 gsm acrylic), polyurethane, polyolefin, or hydrogenated styrenic copolymers”) a hydrocolloid, and/or a polyurethane gel.
Regarding claim 103, Locke et al. teaches the apparatus of claim 99. Locke et al. teaches in [0048] that the adhesive layer (bonding adhesive 126) comprises an acrylic adhesive ([0048] teaches “the bonding adhesive 126 may also be a high-bond strength acrylic adhesive”), a color changing adhesive, and/or a light switchable adhesive.
Claim(s) 1, 113 and 114 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Locke et al. (WO 2015130471 A1) (second interpretation).
Regarding claim 1, Locke et al. teaches in Figures 1-3C, [0047-0048], [0051], [0056-0057] and [0064]
a first layer (film layer 124) having a first surface (top surface of film layer 124, as positioned in Figure 2) and a second surface (bottom surface of film layer 124, as positioned in Figure 2), said first layer (film layer 124) comprising a first polymer composition ([0047] teaches “the film layer 124 may be formed from numerous materials, such as one or more of the following: hydrophilic polyurethane (PU), cellulosics, hydrophilic polyamides, polyvinyl alcohol, polyvinyl pyrrolidone, hydrophilic acrylics, hydrophilic silicone elastomers, and copolymers of these”);
a second layer (layer of a bonding adhesive 126) having a first surface (top surface of layer of a bonding adhesive 126, as positioned in Figure 2) and a second surface (bottom surface of layer of a bonding adhesive 126, as positioned in Figure 2), said second layer (layer of a bonding adhesive 126) comprising an adhesive ([0048] teaches “the bonding adhesive 126 may be a medically-acceptable, pressure-sensitive adhesive”); and
a plurality of ribs (gel sealing adhesive 144 coated on the plurality of fibers 136, as taught in [0056]; the plurality of fibers 136, and therefore, the coating of gel adhesive 144 thereon, is shown in Figures 3B and 3C to have a rib structure; [0052] teaches “the mesh 128 may have a plurality of fibers 136;” [0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144”) formed from a polymeric gel adhesive ([0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144;” [0057] teaches “a sealing adhesive may be formed of a silicone gel (or soft silicone), hydrocolloid, hydrogel, polyurethane gel, polyolefin gel, hydrogenated styrenic copolymer gels, or foamed gels with compositions as listed, or soft closed cell foams (polyurethanes, polyolefms) coated with an adhesive (for example, 30 gsm - 70 gsm acrylic), polyurethane, polyolefin, or hydrogenated styrenic copolymers”) and defining a third layer (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]) having a first surface (top surface of plurality of fibers 136 coated with gel sealing adhesive 144, as positioned in Figure 2) and a second surface (bottom surface of plurality of fibers 136 coated with gel sealing adhesive 144, as positioned in Figure 2), the ribs (gel sealing adhesive 144 coated on the plurality of fibers 136, as taught in [0056]) further defining (as shown in Figure 3A; [0064] teaches “bonding apertures 134 of the sealing adhesive 144”) a plurality of perforations (bonding apertures 134);
wherein the second layer (layer of a bonding adhesive 126) is positioned between (as shown in Figure 2) the first layer (film layer 124) and the third layer (plurality of fibers 136 coated with gel sealing adhesive 144, as taught in [0056]).
Regarding claim 113, Locke et al. teaches the apparatus of claim 1. Locke et al. teaches in [0057] the ribs (gel sealing adhesive 144 coated on the plurality of fibers 136, as taught in [0056]; the plurality of fibers 136, and therefore, the coating of gel adhesive 144 thereon, is shown in Figures 3B and 3C to have a rib structure; [0052] teaches “the mesh 128 may have a plurality of fibers 136;” [0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144”) consist essentially of polymeric gel adhesive ([0057] teaches “a sealing adhesive may be formed of a silicone gel (or soft silicone), hydrocolloid, hydrogel, polyurethane gel, polyolefin gel, hydrogenated styrenic copolymer gels, or foamed gels with compositions as listed, or soft closed cell foams (polyurethanes, polyolefms) coated with an adhesive (for example, 30 gsm - 70 gsm acrylic), polyurethane, polyolefin, or hydrogenated styrenic copolymers;” claim 17 teaches “the sealing adhesive comprises a silicone gel adhesive”) having a Shore value between about 10 Shore 00 and about 50 Shore 00 ([0057] teaches “a sealing adhesive may have a stiffness between about 5 Shore 00 and about 80 Shore 00”).
Regarding claim 114, Locke et al. teaches the apparatus of claim 1. Locke et al. teaches in [0057] and claim 17 that the ribs (gel sealing adhesive 144 coated on the plurality of fibers 136, as taught in [0056]; the plurality of fibers 136, and therefore, the coating of gel adhesive 144 thereon, is shown in Figures 3B and 3C to have a rib structure; [0052] teaches “the mesh 128 may have a plurality of fibers 136;” [0056] teaches “the mesh 128 may be coated with a gel, such as a sealing adhesive 144”) being free from non-polymeric gel materials ([0057] teaches “a sealing adhesive may be formed of a silicone gel (or soft silicone), hydrocolloid, hydrogel, polyurethane gel, polyolefin gel, hydrogenated styrenic copolymer gels, or foamed gels with compositions as listed, or soft closed cell foams (polyurethanes, polyolefms) coated with an adhesive (for example, 30 gsm - 70 gsm acrylic), polyurethane, polyolefin, or hydrogenated styrenic copolymers;” claim 17 teaches “the sealing adhesive comprises a silicone gel adhesive”).
Claim Rejections - 35 USC § 103
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.
Claim(s) 13, 25, 102 and 115 is/are rejected under 35 U.S.C. 103 as being unpatentable over Locke et al. (WO 2015130471 A1) (first interpretation).
Regarding claim 13, Locke et al. teaches the apparatus of claim 1. Locke et al. does not teach that the first layer has an areal weight of 30 to 100 grams per square meter (gsm).
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to provide that the first layer has an areal weight of 30 to 100 grams per square meter (gsm), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art before the effective filing of the present invention would find it obvious that the areal weight of the first layer could be modified as necessary to provide preferred strength and quality of the first layer.
Regarding claim 25, Locke et al. teaches the apparatus of claim 1. Locke et al. does not teach that the ribs of the third layer have a water absorption rate of 0.5 g/g to 5 g/g, dry adhesive strength of 5N/25 cm to 15N/25 cm, density of 0.9 g/cc to 1.5 g/cc or any combination thereof.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to provide that the ribs of the third layer have a water absorption rate of 0.5 g/g to 5 g/g, dry adhesive strength of 5N/25 cm to 15N/25 cm, density of 0.9 g/cc to 1.5 g/cc or any combination thereof, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art before the effective filing of the present invention would find it obvious that water absorption rate, dry adhesive strength and/or density of the ribs of the third layer could be modified as necessary to meet the needs of a specific use.
Regarding claim 102, Locke et al. teaches the apparatus of claim 99. Locke et al. teaches in Figure 3A, [0050] and [0055] that the liquid retaining polymeric film layer (mesh 128 coated with gel sealing adhesive 144, as taught in [0056]) forms a web pattern or reticulated pattern (as shown in Figure 3A; [0050] teaches “the mesh 128 may be formed with bonding apertures 134;” [0055] teaches “the bonding apertures 134 may have a uniform pattern”).
Regarding claim 115, Locke et al. teaches the apparatus of claim 1. Locke et al. teaches in [0050] that the plurality of perforations (bonding apertures 134) “may be numerous shapes, for example, circles, squares, stars, ovals, polygons, slits, complex curves, rectilinear shapes, triangles, or other shapes.”
Locke et al. does not explicitly teach that the plurality of perforations comprise irregular trapezoid shapes.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to provide that the plurality of perforations comprise irregular trapezoid shapes, since it has been held that a change in the shape of a prior art device is a design consideration within the skill of the art. In re Dailey, 357 F. 2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA H FISHER whose telephone number is (571)270-7033. The examiner can normally be reached M-TH 6:00AM-4:00PM EST.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 2/21/2026