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 .
Response to Arguments
Applicant’s arguments, see page 6, filed 19JUN2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. § 103 have been fully considered and are moot in view of new grounds of rejection prompted by Applicant’s amendment to claims. A new ground(s) of rejection is made in view of US 20180271719 A1 (Yuan et al.) in view of US 20170209315 A1 (Patel et al.) and US 20100286646 A1 (Takino et al.), with Takino teaching an alternate bonding arrangement for the absorbent core and nearby layers.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the corewrap" in the amended portion “wherein a second portion of the corewrap”. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the corewrap” is considered to be “the core wrap”.
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) 1-3, 5, 7-11, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180271719 A1 (Yuan et al.) in view of US 20170209315 A1 (Patel et al.) and US 20100286646 A1 (Takino et al.).
Regarding Claim 1, Yuan teaches an absorbent article (20) (Figs. 1 and 2) comprising:
a. a longitudinal direction (measured along L) and a transverse direction (measured along W);
b. a longitudinal axis (80) and a transverse axis (90);
c. a first waist region (5) comprising a first waist edge (10), a first longitudinal direction side edge (3, forward of axis 90), a second longitudinal direction side edge (4, forward of axis 90) transversely opposed to the first longitudinal direction side edge (Fig. 1), a first elastomeric panel (an elastic being taught between the layers of multi-component topsheets [0086]) comprising a first elastic material positioned between a first nonwoven material and a second nonwoven material (wherein both the topsheet and backsheet layers comprise nonwoven materials [0040]) wherein the first elastic material is elastomeric in the transverse direction (elastic waist features, such as those taught in [0032], being elastomeric in the transverse direction);
d. a second waist region (6) comprising a second waist edge (12), a third longitudinal direction side edge (3, rear of axis 90), a fourth longitudinal direction side edge (4, rear of axis 90) transversely opposed to the third longitudinal direction side edge (Fig. 1), a second elastomeric panel (an elastic being taught between the layers of multi-component topsheets [0086]) comprising a second elastic material positioned between a third nonwoven material and a fourth nonwoven material (wherein both the topsheet and backsheet layers comprise nonwoven materials [0040]), wherein the second elastic material is elastomeric in the transverse direction (elastic waist features, such as those taught in [0032], being elastomeric in the transverse direction);
f. a crotch region (7) located between the first waist region and the second waist region and interconnecting the first waist region and the second waist region (Fig. 1);
g. an article length (L) measured from the first waist edge to the second waist edge; and an absorbent insert comprising a topsheet (24), a backsheet (25), and an absorbent assembly (28) disposed between the topsheet and the backsheet;
h. wherein the absorbent assembly comprises:
i. an absorbent core (60) comprising a first longitudinal direction side edge and a second longitudinal direction side edge transversely opposed to the first longitudinal direction side edge (Yuan Annotated Fig. 2), a topsheet layer facing surface and a backsheet layer facing surface (Yuan Annotated Fig. 2), wherein a first portion of the absorbent core is located in the crotch region, a second portion of the absorbent core is located in a portion of the first waist region (the absorbent core extending from first waist region to second waist region in Fig. 1) and comprises a first maximum transverse direction width (Yuan Annotated Fig. 1) [0049], and a third portion of the absorbent core is located in a portion of the second waist region (the absorbent core extending from first waist region to second waist region in Fig. 1) and comprises a second maximum transverse direction width (Yuan Annotated Fig. 1);
ii. a core wrap (16 and 16’) comprising a first side edge (Yuan Annotated Fig. 2) spaced apart from the first longitudinal direction side edge of the absorbent core in at least one of the first waist region or the second waist region when the absorbent article is in a transverse direction fully extended configuration, and a second side edge (Yuan Annotated Fig. 2) spaced apart from the second longitudinal direction side edge of the absorbent core by a distance in at least one of the first waist region or the second waist region when the absorbent article is in a transverse direction fully extended configuration; and wherein a first portion of the core wrap (the lower section facing the backsheet) is in a face-to-face relationship with the backsheet layer facing surface of the absorbent core and the same first portion of the core wrap is in a face-to-face relationship with the backsheet (Fig. 2).
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Yuan Annotated Fig. 2
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Yuan Annotated Fig. 1
Yuan teaches an absorbent article with fastening tabs and therefore fails to teach a first side seam formed by bonding the first longitudinal direction side edge of the first waist region to the third longitudinal direction side edge of the second waist region and a second side seam formed by bonding the second longitudinal direction side edge of the first waist region to the fourth longitudinal direction side edge of the second waist region. Additionally, Yuan teaches the backsheet may be joined to any other element by, but fails to explicitly teach the first portion of the core wrap is bonded to the backsheet and unbonded to the backsheet layer facing surface of the absorbent core, wherein a second portion of the core wrap is in a face-to-face relationship with an entire topsheet layer facing surface of the absorbent core with the second portion being bonded to the topsheet layer facing surface of the absorbent core.
Yuan additionally fails to teach the absorbent core being in an overlapping configuration with a portion of the first elastic material and in an overlapping configuration with a portion of the second elastic material and spacing between the core wrap and core being a distance of at least 3.5 mm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan to have a spacing between the core wrap and core being at least 3.5 mm since it has been 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” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Yuan would not operate differently with the claimed spacing and since the core and core wrap are spaced to varying degrees already, the device would function appropriately having the claimed spacing. Further, it appears that Applicant places no criticality on the range claimed, indicating simply that the distance is at least 3.5 mm (instant specification p. 2, ll. 28-33).
Patel teaches an absorbent article (20) wherein a first waist region comprising a first longitudinal direction side edge, a second longitudinal direction side edge transversely opposed to the first longitudinal direction side edge (Patel Annotated Fig. 3A), a first elastomeric panel (52) comprising a first elastic material (at least 102);
a second waist region comprising a second waist edge, a third longitudinal direction side edge, a fourth longitudinal direction side edge transversely opposed to the third longitudinal direction side edge (Patel Annotated Fig. 3A), a second elastomeric panel (54) comprising a second elastic material (at least 106);
a first side seam (first 32) formed by bonding the first longitudinal direction side edge of the first waist region to the third longitudinal direction side edge of the second waist region (Figs. 1 and 3A) and a second side seam (second 32) formed by bonding the second longitudinal direction side edge of the first waist region to the fourth longitudinal direction side edge of the second waist region (Figs. 1 and 3A);
wherein the absorbent core (62) is in an overlapping configuration with a portion of the first elastic material and in an overlapping configuration with a portion of the second elastic material and comprises a second maximum transverse direction width (Patel Annotated Fig. 3A).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent article style of Yuan with the brief-style device of Patel as Yuan notes varied types of absorbent articles, including undergarment-style devices [0003].
Takino teaches an absorbent article (Fig. 1) wherein a core wrap (tissue paper, not shown) wraps around the absorbent core (23), wherein the absorbent core is bonded to either the topsheet or backsheet, which is considered to teach bonding to the core wrap, as it is an intermediate layer.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the core wrap and the absorbent layer to be bonded as claimed as it would be obvious to try when choosing from the finite number of bonding arrangements, with a reasonable expectation of creating an absorbent article MPEP 2143 I.
The combined device is therefore considered to teach the first portion of the core wrap being bonded to the backsheet and unbonded to the backsheet layer facing surface of the absorbent core; and wherein a second portion of the core wrap is in a face-to-face relationship with an entire topsheet layer facing surface of the absorbent core with the second portion being bonded to the topsheet layer facing surface of the absorbent core.
Regarding Claims 2 and 3, Yuan in view of Patel and Takino fails to teach the first elastic material and the second elastic material is a plurality of elastomeric strands or that the first elastic material and the second elastic material is a polymeric film sheet.
The combination of Yuan and Patel set forth above for Claim 1 fully discloses the claimed invention of Claim 1, therefore the combination of Yuan/Patel further discloses the first elastic material and the second elastic material is a plurality of elastomeric strands (Patel: at least 110, 112, 114, 116, 118, 120, 122, 124, 126, 128, 130, and 132), and the first elastic material and the second elastic material is a polymeric film sheet [0040].
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Patel Annotated Fig. 3A
Regarding Claim 5, Yuan further teaches the first maximum transverse direction width of the absorbent core (60) is the same as the second maximum transverse direction width of the absorbent core (Yuan Annotated Fig. 1).
Regarding Claims 7-11, Yuan teaches a varied spacing between the core (28) and the core wrap (16) as noted in the device of claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuan to have a spacing between the core wrap and core being at least 3.5 mm since it has been 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” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Yuan would not operate differently with the claimed spacing and since the core and core wrap are spaced to varying degrees already, the device would function appropriately having the claimed spacing. Further, it appears that Applicant places no criticality on the range claimed, indicating simply that the distance is at least 3.5 mm (instant specification p. 2, ll. 28-33).
Regarding Claim 19, the device of Claim 1 is considered to fulfill the requirement wherein the first side edge, the second side edge, and the first portion of the core wrap are able to move transversely independent from the absorbent core while the absorbent core remains generally flat and planar when the absorbent article is in a traverse direction relaxed configuration as the core wrap is only bonded to the absorbent core on the topsheet facing surface and would therefore be capable of the required movement.
“[W]hile the absorbent core remains generally flat and planar when the absorbent article is in a traverse direction relaxed configuration” is a statement of intended use that does not further limit the claimed invention. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) [MPEP 2114]. Since the structure of the prior art teaches all structural limitations of the claim, the same is considered capable of meeting the intended use limitations.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Patel and Takino, and further in view of US 20020138064 A1 (Datta et al.)
Regarding Claim 4, Yuan in view of Patel and Takino fails to teach the first maximum transverse direction width of the absorbent core is greater than the second maximum transverse direction width of the absorbent core.
Datta teaches an absorbent article (20) wherein the first maximum transverse direction width of the absorbent core (28) is greater than the second maximum transverse direction width of the absorbent core (Datta Annotated Fig. 3).
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Datta Annotated Fig. 3
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent core shape of Yuan in view of Patel and Takino with the wider first maximum transverse width of Datta to make the size and shape compatible with the intended use of the article [Datta 0051].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Patel and Takino, and further in view of US 20120253310 A1 (Hahn et al.)
Regarding Claim 6, Yuan in view of Patel and Takino fails to teach the first maximum transverse direction width of the absorbent core is less than the second maximum transverse direction width of the absorbent core.
Hahn teaches an absorbent article (10) (Fig. 11) wherein the first maximum transverse direction width of the absorbent core (26) is less than the second maximum transverse direction width of the absorbent core (Hahn Annotated Fig. 11).
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Hahn Annotated Fig. 11
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent core shape of Yuan in view of Patel and Takino with the wider first maximum transverse width of Hahn as Yuan teaches the absorbent core may have various shapes [Yuan 0049], thereby allowing customization of the device based on intended use.
Claim(s) 12 and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Patel and Takino, and further in view of US 20210000659 A1 (Ohtake).
Regarding Claim 12, Yuan in view of Patel and Takino fails to teach an absorbent article narrowest width in the transverse direction positioned in the crotch region and between the transverse axis and the first waist edge.
Ohtake teaches an absorbent article (200) (Figs. 1 and 2) comprising a narrowest width (at 23n) in the transverse direction positioned in the crotch region (C2) and between the transverse axis and the first waist edge (Ohtake Annotated Fig. 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the crotch shape of Yuan in view of Patel and Takino with the narrowed crotch of Ohtake to fit between the user’s thighs [Ohtake 0069], thereby fitting the anatomy of the user.
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Ohtake Annotated Fig. 2
Regarding Claims 14 and 15, Yuan in view of Patel and Takino fails to teach a first article sub-length measured from the first waist edge to the absorbent article narrowest width and a second article sub-length measured from the second waist edge to the absorbent article narrowest width wherein the first article sub-length is less than the second article sub-length and the first article sub-length is less than 45% of the article length and the second article sub-length is greater than 55% of the article length.
Ohtake teaches a first article sub-length measured from the first waist edge to the absorbent article narrowest width and a second article sub-length measured from the second waist edge to the absorbent article narrowest width wherein the first article sub-length is less than the second article sub-length (Ohtake Annotated Fig. 2), wherein the first article sub-length is less than 45% of the article length and the second article sub-length is greater than 55% of the article length (the narrowest width 23n is positioned 10%-25% of the length of the article from the first waist edge and positioned 40%-65% of the length from the second waist edge [0065]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the core placement of Yuan in view of Patel and Takino with the offset core placement of Ohtake to position the narrowed core between the legs of the user [0069], thereby positioning the core to fit the anatomy of the user.
Regarding Claims 16-18, Yuan in view of Patel and Takino fails to teach the absorbent core further comprises an absorbent core midpoint which is positioned between the absorbent article narrowest width and the transverse axis wherein the absorbent core midpoint is offset in the longitudinal direction from the absorbent article narrowest width by a distance from 1% to 5% of the article length or the absorbent core midpoint is offset in the longitudinal direction from the transverse axis of the absorbent article by a distance from 6% to 15% of the article length.
Ohtake teaches the front of the narrow portion (23n) is located 10-25% of the length from the front waist, the center being 25-30% of the length from the front waist, and the rear end of the narrow portion being 40-65% from the front waist [0065].
When considering the absorbent core length extending from 10-60% of the length of the article, the core center point would be located at 35% of the length and is therefore considered to teach the absorbent core further comprises an absorbent core midpoint which is positioned between the absorbent article narrowest width and the transverse axis.
As the narrowest width spans the range (C2) (Fig. 2) and the narrowest point can range from 10-65% of the article length when measured from front to back, the core midpoint will necessarily fall within this range and due to the wide range of disclosed positions, Ohtake is considered to teach the absorbent core midpoint is offset in the longitudinal direction from the absorbent article narrowest width by a distance from 1% to 5% of the article length, and the absorbent core midpoint is offset in the longitudinal direction from the transverse axis of the absorbent article by a distance from 6% to 15% of the article length.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Yuan in view of Patel with the teachings of Ohtake concerning the non-centralized placement of the absorbent core in the crotch region in order to customize the product based on usage [Ohtake 0049] and positioning the narrowed core section between the thighs of the user [0069] to better fit the wearer’s anatomy.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Patel and Takino, and further in view of WO 2018182601 A1 (Beitz et al.).
Regarding Claim 13, Yuan in view of Patel and Takino fails to teach a first waist region width in the transverse direction from the first longitudinal direction side edge to the second longitudinal direction side edge wherein the absorbent article narrowest width is less than 25% of the first waist region width.
Beitz teaches an absorbent article wherein a first waist region width in the transverse direction from the first longitudinal direction side edge to the second longitudinal direction side edge wherein the absorbent article narrowest width is less than 25% of the first waist region width by stating that the absorbent body, which would define the narrowest width (the crotch being narrow to support leg opening), can have a width that is the same or less than the width of the absorbent article (p. 16, ll. 3-5), wherein the crotch of the absorbent body may range in width from 30 mm to 180 mm (p. 18, ll. 30-32), 30 being less than 25% of 180.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the undisclosed dimensions of Yuan in view of Patel and Takino with the narrow crotch diameter of Beitz to accommodate varied sizes of intended wearers (Beitz p. 18: ll. 24-25).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 7285178 B2 and US 20070239131 A1 disclose an absorbent article wherein the narrowest point is offset from the center of the device and/or absorbent core.
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 HANS KALIHER whose telephone number is (303)297-4453. The examiner can normally be reached Monday-Friday 08:00-05:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached on (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANS KALIHER/Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781
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