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 .
In light of the amendments to the claims filed 09/23/2025 in which claims 11 was amended, claims 3-11 are pending in the instant application and are examined on the merits herein.
Priority
The instant application is a CON of PCT/CN2021/077841 filed 02/25/2021 which claims priority to PCT/CN2020/104295 filed on 07/24/2020 and PCT/CN2020/077152 filed on 02/28/2020.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 112(a) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed applications, PCT/CN2020/104295 and PCT/CN2020/077152 fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The prior-filed applications do not provide support in the specification for the limitations of claims 3-11 in the instant application. Regarding claim 11, PCT/CN2020/104295 and PCT/CN2020/077152 do not provide support for the details of the inner cuffs as disclosed in the claim. Claims 3-10 do not receive priority by depending upon a claim that does not receive priority. Accordingly, claims 3-11 do not receive priority of the applications filed on 07/24/2020 and 02/28/2020.
Claims 3-11 receive the filing date of PCT/CN2021/077841, 02/25/2021.
Response to Arguments
Objections to the Claims
The previous objection to the claims are withdrawn in view of the amendments to the claims filed 09/23/2025.
Rejections of the Claims under 35 U.S.C. 103
Applicant's arguments filed 09/23/2025 have been fully considered but they are not persuasive and/or wherein the claim amendments have necessitated a new grounds of rejection
Applicant asserts on pg. 5-6 that the prior art used in the prior rejection of record does not teach or suggest all limitations of amended independent claim 11.
In response to the applicant’s argument, the examiner acknowledges the applicant’s argument and respectfully notes that the prior art were not used in the previous rejection of record filed 09/23/2025 to read on all of the limitations provided in amended independent claim 11. As explained below, the prior art to Ando in view of Bishop may be considered to suggest amendment independent claim 11. The applicant’s amendment deleting the alternative limitation of the placement of the dividing point of the inner cuff necessitated new grounds of rejection.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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Ex. Fig. 1 of Ando Fig. 1-4
Claims 11 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over JP/2001/252303A to Ando in view of US/2018/0104116 A1 to Bishop.
Regarding claim 11, Ando discloses an absorbent article (Fig. 1, absorbent article 1) having a longitudinal direction (para. 0009, longitudinal direction refers to the direction connecting front region A and back region B) and a transverse direction (Ex. Fig. 1 showing transverse direction) comprising:
a front region (Fig. 2a, front region A);
a back region (Fig. 2a, back region B);
a crotch region extending longitudinally between the front region and the back region (Fig. 2a showing crotch region C extending longitudinally between front A and back B region);
a front elastic belt in the front region (Ex. Fig. 1 showing front elastic belt in front region A);
a back elastic belt in the back region (Ex. Fig. 1 showing back elastic belt in back region B), wherein the front elastic belt and the back elastic belt are connected with side seams to form a waist opening and two leg openings (para. 0008; Ex. Fig. 1, front A and back B region comprising front and back elastic belts connected at A1-2 and B1-2 to create side seams forming waist opening 5 and leg openings 6), wherein the side seams comprise a seam length LS (Fig. 1 showing side seams with a seam length);
an absorbent main body extending longitudinally through the crotch region and extending into each of the front region and the back region (Fig. 2a showing absorbent chassis 10 extending longitudinally through crotch region C and extending into front A and back B region), the absorbent main body comprising: a liquid pervious topsheet (para. 0007; Fig. 2a, liquid pervious topsheet 2); a liquid impervious backsheet (para. 0007; Fig. 2a, liquid impervious backsheet 3); an absorbent material region sandwiched between the topsheet and the backsheet (para. 0007; Fig. 2a, absorbent body 4 sandwiched between topsheet 2 and backsheet 3); and a pair of inner cuffs disposed along transverse edges of the absorbent main body and extending longitudinally and superposing the topsheet (Fig. 2a showing pair of inner cuffs 8 disposed along transverse edges of absorbent chassis 10 and extending longitudinally and superposing topsheet 2), wherein the inner cuffs extend from the topsheet transversely toward a longitudinal axis to form a free edge (para. 0027; para. 0030);
wherein the back elastic belt comprises multiple zones spanning transversely and defined by a location from a distal edge to a proximal edge relative to a percentage of the seam length LS, wherein the distal edge is considered 0% and the proximal edge is considered 100% (Ex. Fig. 1 showing back elastic belt comprising distal edge 53 and proximal edge wherein distal edge 53 is considered 0% and proximal edge is considered 100% of the length of seam length LS);
wherein the back elastic belt comprises a laminate comprising a plurality of elastic members sandwiched between an inner sheet and an outer sheet (para. 0010; Fig. 3 showing laminate 11 comprising elastic member 51/52 sandwiched between inner sheet 13 and outer sheet 12),
wherein a waist guard portion is disposed within a location of from about 25% to about 70% of LS (Ex. Fig. 1 showing waist guard portion 15 disposed along entirety of LS), the waist guard portion extending towards the crotch region from a closed base line towards an open edge (Ex. Fig. 1 showing waist guard portion 15 extending towards crotch region C from distal edge 53 at the first fold/closed base line towards second fold/open edge), wherein the waist guard portion is partially bonded to the inner sheet to define a pocket (para. 0018-0020, waist guard portion 15 bonded to upper surface of outer layer 11 at fixing end 7B and outward from absorbent body 3 at side fixed ends 7A to define three-dimensional guard 7 creating P pocket);
wherein the outer sheet of the back elastic belt is folded at a first fold line and a second fold line to define the waist guard portion (Ex. Fig. 1 showing first and second folds of outer sheet 12 defining waist guard portion 15), wherein the first fold line defines the distal edge of the back elastic belt (Ex. Fig. 1 showing first fold line at distal edge 53) and the second fold line defines the open edge of the waist guard portion (Ex. Fig. 1 showing second fold at open edge of waist guard portion 15), wherein a first portion of the outer sheet extends longitudinally inwardly toward the crotch region from the first fold line to the second fold line (Ex. Fig. 1 showing first portion of outer sheet 12 extending longitudinally inward towards crotch region C from first fold to second fold), and wherein a second portion of the outer sheet extends longitudinally away from the crotch region from the second fold line to an edge of the outer sheet (Ex. Fig. 1 showing second portion of outer sheet 12 extending longitudinally away from crotch region C from the second fold to an end edge of outer sheet 12), wherein the second portion of the outer sheet is positioned between the first portion of the outer sheet and the inner sheet (Ex. Fig. 1 showing second portion of outer sheet 12 positioned between first portion of outer sheet 12 and inner sheet 13);
and wherein the elastic cuffs comprise longitudinally extending inner cuff elastic bodies in active elasticity (para. 0027; Fig. 2a, elastic members 81 in pair of elastic cuffs 8).
Ando differs from the instantly claimed invention in that Ando fails to explicitly disclose wherein each free edge of the pair of inner cuffs comprises an unattached portion unattached to the topsheet and extending from the front region through the crotch region to the back region, an attached portion attached to the topsheet and adjacent the unattached portion, and a dividing point separating the attached portion and the unattached portion, wherein the unattached portion comprises a longitudinally extending inner cuff elastic body; wherein the dividing point of the inner cuff is positioned longitudinally within about 5mm more proximal from the open edge of the waist guard portion; and wherein the attached portion is provided along the free edge and with a transverse dimension overlapping the inner cuff elastic body.
Bishop teaches an absorbent article (Fig. 2, absorbent article 10) wherein a free edge of a pair of inner cuffs comprises an unattached portion unattached to the topsheet and extending from a front region through a crotch region to a back region (para. 0082; Fig. 2, projection portion 66 of inner cuffs 50/52 extends away from the topsheet to form a free edge, portion of projection portion 66 outside of tack-down region 71 considered to be unattached portion of free edge of inner cuffs 50/52), an attached portion attached to the topsheet and adjacent the unattached portion (para. 0082; Fig. 2, projection portion 66 of inner cuffs 50/52 extends away from the topsheet to form a free edge, portion of projection portion 66 at tack-down region 71 considered to be attached portion of free edge of inner cuffs 50/52), and a dividing point separating the attached portion and the unattached portion (Fig. 2 showing dividing point considered portion of projection portion 66 of inner cuffs 50/52 at the junction of the attached and unattached portion), wherein the unattached portion comprises a longitudinally extending inner cuff elastic body (Fig. 2 showing flap elastic members 68 within portion of projection portion 66 outside of tack-down region 71); wherein the longitudinally extending inner cuff elastic bodies are in active elasticity (active elasticity region [the area comprising elastics 68] may be any length, including extending to the front and rear waist edges [para. 0087]; therefore, the entire length of the unattached portion would be in active elasticity, as the entire longitudinal length of the unattached portion would comprise elastics 68 in active elasticity; para. 0085; Fig. 2 showing portion of projection portion 66 outside of tack-down region 71 [unattached portion] comprising elastic members 68);
wherein the dividing point of the inner cuff is positioned longitudinally more proximal from the open edge of the waist guard portion (para. 0119 ln. 26-35, tack-down region 71 can extend from rear waist edge 24 past the free edge 88 of pocket 54),
wherein the attached portion is provided along a free edge (para. 0082; Fig. 2, projection portion 66 of inner cuffs 50/52 extends away from the topsheet to form a free edge, portion of projection portion 66 at tack-down region 71 considered to be attached portion of free edge of inner cuffs 50/52) and with a transverse dimension overlapping the inner cuff elastic body (para. 0087, active elasticity region [area comprising elastics 68] may be any length, extending to the front and rear waist edges; para. 0082; Fig. 2, projection portion 66 of inner cuffs 50/52 extends away from the topsheet to form a free edge, portion of projection portion 66 at tack-down region 71 considered to be attached portion of free edge of inner cuffs 50/52).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the inner cuffs of Ando to have an attached and unattached portion in a configuration as taught by Bishop, because Bishop teaches that the configuration of the tack down region of the side cuffs of their invention assists the waist containment member in containing the exudates within the containment pocket (para. 0102).
Further, it would be considered obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tack-down region of the combined invention to have the dividing point of the tack-down region within about 5 mm. more proximal from the open edge of the waist guard portion 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 the combined invention would not operate differently with the position and since Bishop teaches that the tack-down region can be positioned proximal of the waist guard portion, the device would function appropriately having the claimed position. Further, it appears that applicant places no criticality on the range claimed, indicating simply that the position of the dividing point can be superposed with the pocket or within about 5 mm. more proximal from the open edge of the waist guard portion (specification pg. 16).
Regarding claim 3, the combination of Ando and Bishop discloses the invention of claim 11, the combination further discloses: wherein the entire length of the unattached portion is in active elasticity (as explained below).
Bishop teaches that the active elasticity region [the area comprising elastics 68] may be any length, including extending to the front and rear waist edges (para. 0087); therefore, the entire length of the unattached portion of Ando would be in active elasticity, as the entire longitudinal length of the unattached portion would comprise elastics in active elasticity (Bishop: para. 0085; Fig. 2 showing portion of projection portion 66 outside of tack-down region 71 [unattached portion] comprising elastic members 68).
Regarding claims 4-6, the cited prior art suggests the invention of claim 11; however, the current combination of the prior art differs from the instantly claimed invention in that the prior art fails to disclose
(Claim 4) wherein the inner cuff comprises an auxiliary attached portion, wherein the auxiliary attached portion extends longitudinally and is provided outward from the inner cuff elastic body;
(Claim 5) wherein the auxiliary attached portion superposes the pocket; and
(Claim 6) wherein the dividing point is positioned more distal than the proximal edge of the auxiliary attached portion.
Bishop teaches
(Claim 4) the inner cuff comprising an auxiliary attached portion, wherein the auxiliary attached portion extends longitudinally and is provided outward from the inner cuff elastic body (para. 0120; Fig. 12, auxiliary attached portions 49/coupling of base portion 64 to outer cover 26 extending longitudinally and provided outward from elastic bodies 68);
(Claim 5) wherein the auxiliary attached portion superposes the pocket (Fig. 12, auxiliary attached portions 49/coupling of base portion 64 to outer cover 26 superposing pocket 54); and
(Claim 6) wherein the dividing point is positioned more distal than the proximal edge of the auxiliary attached portion (para. 0119 ln. 26-35, tack-down region 71 can extend from rear waist edge 24 past the free edge 88 of pocket 54; however, tack-down region 71 would not be considered to extend along the entire absorbent article 10 as that would make inner cuffs 50/52 inoperable; para. 0120; Fig. 2, auxiliary attached portions 49/coupling of base portion 64 to outer cover 26 positioned along the length of absorbent article 10 such that the proximal edge of the auxiliary attached portion is at the proximal end of absorbent article 10; Fig. 12, auxiliary attached portions 49/coupling of base portion 64 to outer cover 26).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the inner cuffs of Ando and Bishop to further comprise auxiliary attached portions as taught by Bishop, because Bishop teaches that coupling of the base portion of the cuffs to the outer cover of the absorbent article creates a longitudinal barrier to the flow of body exudates that spread laterally (para. 0120).
Regarding claim 7, the cited prior art suggests the invention of claim 11. Ando further discloses wherein within the waist guard portion, the inner cuffs and the waist guard portion are unbonded to each other (para. 0018-0020, waist guard portion 15 bonded to upper surface of outer layer 11 at fixing end 7B and outward from absorbent body 3 at side fixed ends 7A to define three-dimensional guard 7 creating pocket P; Fig. 2a showing fixed areas 7A-B outside of and surrounding absorbent chassis 10; para. 0027, pair of inner cuffs 8 formed on left and right sides of absorbent chassis 10).
Regarding claim 8, the cited prior art suggests the invention of claim 11. Ando further discloses wherein the waist guard portion comprises a waist guard elastic portion (Ex. Fig. 1 showing waist guard elastic portion of waist guard portion 15) having a longitudinal dimension of 10 mm or more (para. 0013) and the remainder of the back elastic belt superposing the waist guard elastic portion defines a correlated portion (Ex. Fig. 1 showing correlated portion of back elastic belt that superposes waist guard elastic portion); however, the combined invention of the prior art differs from the instantly claimed invention in that the prior art fail to explicitly disclose that the waist guard elastic portion has a longitudinal dimension of no greater than about 40 mm and wherein the tensile stress of the waist guard elastic portion is at least about 25% higher than the tensile stress of the correlated portion.
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 longitudinal dimension of the waist guard elastic portion of Ando and Bishop from 10 mm or more to no greater than about 40 mm since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Further, applicant appears to have placed no criticality on the claimed range (see pg. 12 ln. 15-28 indicating the longitudinal dimension “may” be no greater than 40 mm).
Further, Ando teaches (para. 0015 and 0024) that the tensile stress (stretching stress) of the elastic members in the waist guard portion and the waist regions need to be optimized to ensure that the “gap is formed between the three-dimensional guard and the parts (such as the top sheet) located on the outside of the three-dimensional guard”. As seen in Fig. 1, the waist guard portion is created in the front and rear elastic belt regions and as such the relationship of the tensile stress of the waist guard elastic portion and the correlated portion of the elastic belt regions is disclosed to be a result effective variable in that changing the tensile stress changes the ability of the diaper to form a gap between the constituent parts to form a pocket which affects the amount of leakage from the diaper. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying the device of Ando and Bishop to have the tensile stress in the relationship as claimed, as it involves only adjusting the cross-sectional area of components disclosed to require adjustment. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the device of Ando and Bishop by making the tensile stress of the waist guard elastic portion at least 25% higher than the tensile stress of the correlated portion as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 9, the cited prior art suggests the invention of claim 11. Ando further discloses wherein the area of the pocket substantially superposes the backsheet (Fig. 2b showing three-dimensional guard 7 creating pocket P substantially superposing backsheet 3).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ando and Bishop as applied above, and further in view of US/2021/0113388 A1 to Matsui.
Regarding claim 10, the cited prior art suggests the invention of claim 11.
The combination of Ando and Bishop suggests all aspects of the claimed invention with the exception of the article having a Side Leakage Percentage of less than 50%, according to the measurements herein.
While the combination of Ando and Bishop does not suggest side leakage percentage with respect to the embodiment relied upon in the rejection, Matsui teaches that decreased lateral leakage is a desired property in an absorbent article (para. 0089-0090). Side leakage percentage is concerned with improving retention of body fluid within the absorbent chassis, and it is known in the art to improve liquid retention.
It would therefore have been considered obvious to one of ordinary skill in the art before the effective filing date of the instant application in view of Matsui to provide the absorbent article of Ando and Bishop with a side leakage percentage of less than 50% to achieve the predictable result of improving retention of body fluid to decrease blowouts from the article.
Further, it is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the measurements herein to determine the side leakage percentage to read on the claim language.
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 Linnae Raymond whose telephone number is (571)272-6894. The examiner can normally be reached M-F 8:00am to 4:00pm.
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/Linnae E. Raymond/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781