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 filed 25 June 2025 with respect to the rejection(s) of claim(s) 1-12 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Reising et al. (4,988,344).
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.
Claim(s) 1-6 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reising et al. (4,988,344) in view of Goldman (6,258,996).
With respect to claim 1, Reising discloses an absorbent sanitary article, as shown in figure 1 and described in column 4, lines 1-5, comprising a liquid permeable topsheet 38, a liquid impermeable backsheet 40, and an absorbent structure 42. A fluff absorbent core 48 comprises a mix of cellulose fluff and superabsorbent granular material, as disclosed in column 8, line 67, to column 9, line 11. The fluff absorbent core 48 is enclosed within a layer of nonwoven material 66, as disclosed in column 5, lines 16-20, and is contiguous with the topsheet 38 and has at least one through aperture 57, as shown in figures 1 and 3. A fluff-free absorbent core 52 is contiguous with the backsheet 40, as shown in figures 2 and 3, and comprises a web and superabsorbent granular material dispersed within the web, as disclosed in column 17, lines 63-66, and column 19, lines 28-32. An acquisition and diffusion layer 50 is set between the fluff absorbent core 48 and the fluff-free absorbent core 52 overlapping the aperture 57, as shown in figure 3.
Reising discloses all aspects of the claimed invention with the exception of the fluff-free absorbent core comprising a nonwoven web. Goldman teaches forming a fluff-free absorbent core from a nonwoven web, as disclosed in column 54, lines 32-40, and column 58, lines 16-20. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the fluff-free absorbent core of Reising from a nonwoven web, as taught by Goldman, to achieve a more stable core (see Goldman, column 50, lines 11-24).
With respect to claim 2, Reising shows in figure 1 that the fluff absorbent core 48 has a generally flat shape elongated in the longitudinal direction 36 and the aperture 57 has the shape of a channel elongated in the longitudinal direction.
With respect to claim 3, Reising shows in figure 3 that the fluff absorbent core has first and second opposite surfaces, the fluff-free absorbent core 52 has third and fourth opposite surfaces, and the acquisition and diffusion layer 50 has fifth and sixth opposite surfaces, wherein the first surface is in contact with the topsheet 38, the fourth surface is in contact with the backsheet, the fifth surface is in contact with the second surface, and the sixth surface is in contact with the third surface.
With respect to claim 4, Reising shows in figures 2 and 3 that the fifth surface of the acquisition and diffusion layer 50 covers at least a portion of the second surface of the fluff absorbent core 48 on which the at least one aperture 57 extends.
With respect to claim 5, Reising shows in figure 2 that the sixth surface of the acquisition and diffusion layer is 100% of, or 30% or more of, the third surface of the fluff-free core 52.
With respect to claim 6, Reising discloses in column 18, lines 38-53, that the fluff-free absorbent core 52 comprises the superabsorbent material in an amount of 2-60% by weight of the nonwoven fibers, but remains silent as to the amount as measured in gsm. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the fluff-free absorbent core of Reising with superabsorbent material in an amount of 200-600 gsm to achieve the predictable result of an absorbent core that comprises a suitable concentration of superabsorbent material to provide the core with improved absorbency and storage capacity.
With respect to claim 8, modified Reising discloses all aspects of the claimed invention with the exception of the fluff-free absorbent core having a thickness of between 1-2 mm. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the fluff-free core of Reising with a thickness of 1-2 mm to achieve the predictable result of a core that is not excessively thick and therefore more comfortable to a wearer.
With respect to claim 9-11, modified Reising discloses all aspects of the claimed invention with the exception of the fluff-free core comprising upper and lower nonwoven layers that contain the superabsorbent material. Goldman teaches using two nonwoven layers containing superabsorbent material to form a thicker absorbent core, as disclosed in column 58, lines 22-25. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the fluff-free absorbent core of Reising with upper and lower nonwoven layers containing superabsorbent material, as taught by Goldman, to achieve the predictable result of a thicker core than is capable of absorbing more liquid.
With respect to claim 12, the fluff-free absorbent core 52 of Reising is enclosed in a liquid permeable wrapping layer 60, as shown in figure 3 and disclosed in column 19, lines 33-35.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reising et al. (4,988,344) in view of Goldman (6,258,996), and further in view of Andersson et al. (9,308,138).
With respect to claim 7, modified Reising discloses all aspects of the claimed invention with the exception of the fluff-free absorbent core being a high-loft nonwoven. Andersson teaches the use of high-loft nonwoven material in column 4, lines 58-67, to contribute to the ability of a sanitary article to contain and move fluid through. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the fluff-free core of Reising with a high-loft nonwoven material, as taught by Andersson, to achieve the simple substitution of one known element for another to achieve the predictable result of improving the ability to contain and move fluids through the article.
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 LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781