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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 30JAN2026 has been entered.
Response to Arguments
While the claims rejected under Glaug were reversed by the board, the claims rejected under Coelho were affirmed. With Coelho as a primary reference, Claims 1, 2, 5, 6, 11, 12, and 29 are rejected (their dependent claims objected to, as seen in the Reasons for Allowance). Claims 16-20 are allowed.
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, 2, 5, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20060217675 A1 (Coelho) in view of US 20040092901 A1 (Reece et al.).
Regarding claim 1, Coelho teaches an absorbent article (Fig. 1) comprising: a front waist region, a back waist region, and a crotch region disposed between the front and back waist regions (Coelho Annotated Fig. 1);
a first waist edge, a second waist edge longitudinally separated from the first waist edge, a first side edge; and a second side edge laterally separated from the first side edge (Coelho Annotated Fig. 1);
a chassis comprising a topsheet (12), a backsheet (16), and an absorbent core (14) positioned between the topsheet and the backsheet [0019];
a first waist panel (62) comprising an inboard lateral edge, an outboard lateral edge, a first longitudinal edge, and a second longitudinal edge (Coelho Annotated Fig. 1), wherein the first waist panel is connected with the chassis [0025] and positioned in the front waist region (Coelho Annotated Fig. 1);
wherein the first waist panel is releasably bonded with the chassis with a frangible bond positioned on the inboard lateral edge of the first waist panel and/or longitudinally between the inboard lateral edge of the first waist panel and the first region (the first waist panel being a transparent tape which is removed to access the pocket 30) [0025].
Coelho teaches adhesive (64) along the lateral sides, but fails to teach wherein a first region of the first waist panel is permanently bonded with the chassis, the first region extending laterally adjacent the outboard lateral edge of the first waist panel; wherein at least a portion of the inboard lateral edge of the first waist panel is unattached to the chassis. Coelho additionally fails to teach the waist band comprises an elastic material.
Coelho teaches an alternate closure means (Fig. 3) wherein a first region of the first waist panel is permanently bonded with the chassis (by being hingeably attached [0027]) the first region extending laterally adjacent the outboard lateral edge of the first waist panel (Fig. 1);
wherein at least a portion of the inboard lateral edge of the first waist panel is unattached to the chassis (at frangible bond 69) (Fig. 5).
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 closure means of Coelho with the closure means of Fig. 3 as a simple substitution of one closure means for another MPEP 2143 I.
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Coelho Annotated Fig. 1
Reece teaches an absorbent article (Fig. 1) comprising a first waist panel (230) comprising an elastic material [0038] (at least polypropylene and polybutadiene being materials displaying elastic attributes as defined in instant specification p. 7; ll. 23-26).
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 material of Coelho with the polybutadiene of Reece as a simple substitution of one known material for another in order to construct a liquid-impervious pocket, as desired by Coelho [0022] MPEP 2143 I.
Regarding Claim 2, Coelho further teaches the frangible bond (69) comprises an adhesive bond [0027].
Regarding Claim 5, Coelho further teaches the frangible bond (69) comprises a mechanical bond [0027].
Regarding Claim 6, Coelho further teaches the frangible bond (69) defines a shape selected from the group consisting of one or more substantially straight lines [0024].
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coelho in view of Reece, and further in view of US 8292863 B2 (Donoho).
Regarding Claim 11, Coelho fails to teach the first waist panel is positioned in the back waist region, and further comprising a second waist panel connected with the chassis and positioned in the front waist region.
Donoho teaches an absorbent article (10) wherein the first waist panel (32) is positioned in the back waist region (18), and further comprising a second waist panel (30) connected with the chassis and positioned in the front waist region (14).
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 single panel of Coelho to incorporate the second panel of Donoho to allow for storage and disposal of waste (Donoho Col. 1: ll. 59-67).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coelho in view of Reece, and further in view of US 20050267432 A1 (Sundberg et al.).
Regarding Claim 12, Coelho fails to teach a first leg gasketing element and a second leg gasketing element extending from the front waist region to the back waist region.
Reece further teaches a first leg gasketing element and a second leg gasketing element, but fails to teach said elements extending from the front waist region to the back waist region.
Sundberg teaches an absorbent article (Fig. 1) comprising a panel (21) considered equivalent to that of Coelho and Reece. Sundberg further teaches a first leg gasketing element and a second leg gasketing element (not numbered, but described in [0051]), extending from the front waist region (6a) to the back waist region (6b, labeled in Fig. 16).
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 article of Coelho in view of Reece to incorporate the leg gasketing of Sundberg to form an enclosed structure to hold excrement [Sundberg 0051].
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coelho in view of Sundberg.
Regarding Claim 29, Coelho teaches an absorbent article (Fig. 1) comprising:
a front waist region, a back waist region, and a crotch region disposed between the front and back waist regions (Coelho Annotated Fig. 1);
a first waist edge, a second waist edge longitudinally separated from the first waist edge, a first side edge; and a second side edge laterally separated from the first side edge (Coelho Annotated Fig. 1);
a chassis comprising a topsheet (12), a backsheet (16), and an absorbent core (14) positioned between the topsheet and the backsheet [0019];
a waist panel (62) comprising an inboard lateral edge, an outboard lateral edge, a first longitudinal edge, and a second longitudinal edge (Coelho Annotated Fig. 1), wherein the first waist panel is connected with the chassis [0025] and positioned in the front waist region (Coelho Annotated Fig. 1);
wherein a first region (the underside) of the waist panel is bonded with the chassis (being attached as described in [0023]), the first region extending laterally adjacent the outboard lateral edge of the waist panel (the attachment extending the entirety of the waist panel);
wherein at least a portion of the inboard lateral edge of the first waist panel is unattached to the chassis (at frangible bond 69) (Fig. 5); and
wherein the waist panel is releasably bonded with the chassis with a frangible bond positioned on the inboard lateral edge of the first waist panel and/or longitudinally between the inboard lateral edge of the first waist panel and the first region (the first waist panel being a transparent tape which is removed to access the pocket 30) [0025].
Coelho teaches an alternate closure means (Fig. 3) wherein a first region of the first waist panel is permanently bonded with the chassis (by being hingeably attached [0027]) the first region extending laterally adjacent the outboard lateral edge of the first waist panel (Fig. 1);
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 closure means of Coelho with the closure means of Fig. 3 as a simple substitution of one closure means for another MPEP 2143 I.
Coelho fails to teach a first leg gasketing element and a second leg gasketing element connected with the chassis and extending from the front waist region to the back waist region.
Sundberg teaches an absorbent article (Fig. 1) comprising a panel (21) considered equivalent to that of Coelho. Sundberg further teaches a first leg gasketing element and a second leg gasketing element (not numbered, but described in [0051]), extending from the front waist region (6a) to the back waist region (6b, labeled in Fig. 16).
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 article of Coelho to incorporate the leg gasketing of Sundberg to form an enclosed structure to hold excrement [Sundberg 0051].
REASONS FOR ALLOWANCE
Claims 16 and 18-20 are allowed.
Claims 3, 4, 10, and 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The closest prior art of record is US 6258076 B1 (Glaug et al.) and Coelho
Glaug teaches an absorbent article considered generally representative of the state of the art of absorbent articles comprising a waist panel (or similarly named pocket, etc.) Glaug teaches a device comprising: a front waist region, a back waist region, and a crotch region disposed between the front and back waist regions;
a first waist edge, a second waist edge longitudinally separated from the first waist edge, a first side edge; and a second side edge laterally separated from the first side edge;
a chassis comprising a topsheet, a backsheet, and an absorbent core positioned between the topsheet and the backsheet;
a first waist panel comprising an inboard lateral edge, an outboard lateral edge, a first longitudinal edge, and a second longitudinal edge, wherein the first waist panel is connected with the chassis and positioned in the back waist region;
wherein a first region (formed along the length of the longitudinal edges) of the first waist panel is permanently bonded with the chassis, the first region extending laterally adjacent the outboard lateral edge of the first waist panel;
wherein at least a portion of the inboard lateral edge of the first waist panel is unattached to the chassis; and
Glaug fails to teach the waist panel is releasably bonded with the chassis with a frangible bond. While the waist panel is a well-known feature in the art, no references were found which provided a frangible bond as claimed. Glaug therefore fails to teach the claimed device, alone or in combination.
Coelho teaches the device of Claims 1 and 29 (as detailed above), but fails to teach leg gasketing and the bonding of the waist panel to said leg gasketing. Leg gasketing is a well-known feature in the art, but there is little motivation to alter the waist panel of Coelho to extend far enough to be secured to the leg gasketing. While many similar devices place waist panels in varying configurations, they are generally centered on the device and do not extend to the leg gasketing.
Coelho similarly fails to teach a bond strength that decays to a second, less bond strength. No reasonable motivation was found to teach the bond strength decay as claimed.
Coelho fails to teach the frangible bond breaks within the package. Addition of said feature would be counter to the teachings of Coelho desiring a sealed environment.
Coelho additionally fails to teach the waist panel comprising an elastic film bonded with a nonwoven in a stretched state. While this combination of materials in known in other components of absorbent articles, no reasonable motivation was found for inclusion of an elastic in a stretched state to the waist panel as taught by Coelho.
Coelho also fails to teach the frangible bond comprises a lotion. As the frangible bond forms a seal to protect the contents, it would be unreasonable to use a lotion for form said bond.
Coelho therefore fails to teach the claimed device, alone or in combination.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/HANS KALIHER/Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781