DETAILED ACTION
Note: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to communications filed February 17, 2026.
Status of Claims
1. Claims 1-5 and 8-20 are pending and currently under consideration for patentability.
Claims 6 and 7 are cancelled as of the February 17, 2026 amendment.
Response to Amendments
2. Claims 2 and 14 are amended to correct minor informalities; accordingly, the previously applied objections are withdrawn.
Claim 8 is amended to overcome the previously applied 35 U.S.C. 112(b) rejection; accordingly, the previously applied rejections to claims 8-10 and 19-20 are withdrawn.
Response to Arguments
3. Applicant's arguments filed February 17, 2026 have been fully considered but they are not persuasive. With regard to applicant’s argument that a prima facie case of obviousness has not been established because the cited references do not teach or suggest, for instance, “each sensing track forming an open circuit corresponding to a different position of the backsheet and the absorbent core when the connection end is coupled to the respective terminal end of the detection device” as recited by independent claim 1, examiner respectfully disagrees. As previously outlined within the most recent Office action rejection of claims 6 and 7, Strasemeier, as modified by the indicators of Arizti (as applied in claim 1), already discloses that the pattern of the indicator (100) may include flexible electronic components (Arizti [0035] and [0038] of Arizti) forming an open circuit corresponding to a different position of the backsheet (24) and the absorbent core (28); and wherein each of the flexible electronic components (within 26, as modified) comprises a connection arranged to couple to a respective terminal of the detection device (70 of Arizti) to form an electrical connection between said detection device (70 of Arizti) and said flexible electronic components of the indicator (100; [0035]; [0038]; [0124] of Arizti). Hellmold was merely utilized to modify the indicator disclosed by Strasemeier in view of Arizti to further include a plurality of sensing tracks, similar to that disclosed by Hellmold, in order to provide electrical communication between the indicator and detector through an electrical circuit, for measuring resistance, impedance and/or capacitance therethrough, as suggested by Hellmold on page 21, lines 4-19. Applicant is reminded that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Examiner does not intend to bodily incorporate the closed circuit of Hellmold into the combination of Strasemeirer and Arizti, but rather used the combined teachings of the references to modify the indicator disclosed by Strasemeier in view of Arizti to further include a plurality of sensing tracks. Accordingly, the previous grounds of rejection are maintained herein.
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.
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.
4. Claim(s) 1-5 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Strasemeier et al. (US PGPUB 2016/0346136) in view of Arizti et al. (US PGPUB 2017/0252225) in view of Hellmold et al. (WO 2018/229017).
5. With regard to claims 1, 11, 12, 14 and 18, Strasemeier discloses an absorbent article for personal hygiene (diaper, 20; Figs. 1, 3; abstract; [0023]), the absorbent article comprising: a liquid permeable topsheet (24); a liquid impermeable backsheet (25); an absorbent core (28) positioned between said topsheet (24) and backsheet (25; Fig. 3; [0026]), a color-changing indicator (wetness indicator, 100), free of metal, for indicating the presence of exudates ([0025]) and being positioned on a body-facing side of said backsheet (25; Fig. 4), the indicator (100) comprising a material which changes color in response to a voiding event ([0025]; [0042]), characterized in that the absorbent core (28) comprises one or more channels (a pair of generally longitudinally-extending channels, 26) substantially free of absorbent material ([0034]), and in that the indicator (100) comprises a pattern that overlaps with said channels (26) such that said indicator (100) substantially matches and/or follows the shape of said channels (26) in a planar direction (Fig. 3; [0043]).
However, Strasemeier is silent in regard to the indicator comprising an electrically conductive sensor adapted to change one or more of its electrical properties in response to a voiding event, the article further comprising a detection device (70) that can be removably attached to the absorbent article such to become in electrical communication with said indicator (60) when attached to said article to measure a change in resistance or capacitance in response to a voiding event.
Arizti discloses an absorbent article (diaper, 10) for personal hygiene, designed to absorb and contain bodily exudates (abstract; Figs. 1, 2), the absorbent article comprising: a topsheet (22), a backsheet (24), an absorbent core (20), the core can optionally comprise channels, where there is a reduced amount of absorbent material or no absorbent material ([0062]), an indicator (indication means, 60) for indicating the presence of such bodily exudates ([0058]), the indicator (60) comprising an electrically conductive sensor adapted to change one or more of its electrical properties in response to a voiding event (“a resistance, capacitance, inductance or continuity sensitive indicator”; [0035]) provided on a body facing side of the backsheet (24), the article (10) further comprising a detection device (detector device, 70; Fig. 4) that can be removably attached to the absorbent article (10) such to become in electrical communication with said indicator (60) when attached to said article (10) to measure a change in resistance or capacitance in response to a voiding event ([0037-0041]; [0048-0053]; [0066]; “an electrical sensor, a resistance sensor, a capacitive sensor, an inductive sensor”; [0154]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the indicator disclosed by Strasemeier to be an electrically conductive indicator, similar to that disclosed by Arizti, in order to utilize different, but well-known, indicators, where two electrical conductors are disposed at a given spatial distance relative to one another – and once a voiding event occurs, the resistance between the two electrical conductors is reduced, indicating a voiding event; as suggested by Arizti in paragraph [0035].
Also, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the absorbent article disclosed by Strasemeier in view of Arizti to include an attachable detection device, similar to that disclosed by Arizti, in order to utilize known means for detecting a change in property of the indicator, while also providing information indicating the presence and/or absence of bodily exudates; as suggested by Arizti in paragraphs [0007] and [0048].
Furthermore, while Strasemeier, as modified by the indicators of Arizti above, discloses that the pattern of the indicator (100) may include flexible electronic components (Arizti [0035] and [0038] of Arizti) forming an open circuit corresponding to a different position of the backsheet (24) and the absorbent core (28); and wherein each of the flexible electronic components (within 26, as modified) comprises a connection arranged to couple to a respective terminal of the detection device (70 of Arizti) to form an electrical connection between said detection device (70 of Arizti) and said flexible electronic components of the indicator (100; [0035]; [0038]; [0124] of Arizti), Strasemeier and Arizti fail to explicitly disclose that the pattern of the indicator comprises at least two sensing tracks, each track forming an open circuit corresponding to a different position of the backsheet and the absorbent core; wherein each of the sensing tracks comprises a connection end arranged to couple to a respective terminal end of the detection device to form an electrical connection between said detection device and said sensing tracks of the indicator; and wherein each said connection end has a width that is less than the width of said respective sensing track.
However, Hellmold discloses a smart absorbent article and components (100; abstract; Figs. 1A, 1B, 2A, 2B) comprising indicators formed as a plurality of sensing tracks (101) forming an open circuit corresponding to a different position of the backsheet and the absorbent core (claim 1); wherein each of the sensing tracks (101) comprises a connection end arranged to couple to a respective terminal end (33) of the detection device (clip-on module, 103) to form an electrical connection between said detection device and said sensing tracks of the indicator (page 20, line 29 – page 21, lines 19; claims 1-16); and wherein each said connection end has a width that is less than the width of said respective sensing track (101; page 21, lines 20-27; Figs. 2A-2B).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the indicator disclosed by Strasemeier in view of Arizti to further include a plurality of sensing tracks, similar to that disclosed by Hellmold, in order to provide electrical communication between the indicator and detector through an electrical circuit, for measuring resistance, impedance and/or capacitance therethrough, as suggested by Hellmold on page 21, lines 4-19.
6. With regard to claim 2, Strasemeier in view of Arizti and Hellmold disclose the limitations of claim 1 above; and further, Strasemeier discloses that the absorbent core (28) comprises a core wrap (core wrap 16 and 16’) enclosing absorbent material (60) therein and wherein a top layer (16) of the core wrap (66) is joined to a bottom layer (16’) of the core wrap (at core wrap bonds, 27) to form the one or more channels (26) substantially free of absorbent materia ([0031]; [0035]).
7. With regard to claim 3, Strasemeier in view of Arizti and Hellmold disclose the limitations of claim 1 above; and further, while Strasemeier discloses that the indicator (100) is adapted to detect a first change in condition (change in color during voiding event; [0025]), Strasemeier fails to explicitly disclose a second change in condition that is different from the first change in condition, and wherein the second change in condition occurs at a point in time after the first change in condition.
However, Arizti discloses that the indicator is adapted to detect a first change in condition and a second change in condition that is different from the first change in condition, and wherein the second change in condition occurs at a point in time after the first change in condition (color changes to indicate different exudate load quantities; [0144]; [0151]; [0048]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the indicator disclosed by Strasemeier in view of Arizti and Hellmold to be adapted to detect a second change in condition at a time after the first change in condition, similar to that disclosed by Arizti, in order provide property change indications, such as intensity of color change based on different exudate loads over time, for determining a predicted diaper fullness level; as suggested by Arizti in paragraph [0141].
8. With regard to claim 4, Strasemeier in view of Arizti and Hellmold disclose the limitations of claim 1 above; and further, while Strasemeier discloses that the indicator (100) may be provided in multiple areas within the absorbent article ([0042]), Strasemeier fails to explicitly disclose that the indicator further comprises one or more bridge members (B) that are spaced apart from said pattern towards the front and/or back of the absorbent article such to form a gap therebetween and wherein the bridge members (B) and the pattern become in electrical communication with each other upon presence of an exudate therebetween.
However, Arizti discloses that the indicator (60) may be in the form of a small sheet of material arranged toward the front (A) and/or back (C) of the absorbent article (10; [0058]) such to form a gap therebetween and wherein the indicators become in electrical communication with each other upon presence of an exudate therebetween ([0035]; [0037-0041]; [0048-0053]; [0066]; [0154]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the indicator disclosed by Strasemeier in view of Arizti and Hellmold to further include a bridge member toward the front and/or back of the absorbent article, similar to that disclosed by Arizti, in order provide indication means toward the front and/or back of the absorbent article, where an indication of wetness at these locations indicate that the absorbent article is full; as suggested by Arizti in paragraphs [0058] and [0141-0143].
9. With regard to claim 5, Strasemeier in view of Arizti and Hellmold disclose the limitations of claim 1 above; and further, Strasemeier discloses that the absorbent core (28) comprises a plurality of channels (26), comprising at least one right channel and at least one left channel (Fig. 3), the right channel being disposed between the right side edge (14) and the longitudinal centreline along axis (80), and the left channel being disposed between the left side edge (13) and the longitudinal centreline along axis (80; [0024]), wherein the right and left channels (26) are arcuate in shape such that the front and back ends of the left and right channels diverge towards the left side edge (13) and the transversely opposed right side edge (14) respectively and wherein the central portion of said channels (26) converge towards the longitudinal centreline along axis (80; [0024]; Fig. 3).
10. With regard to claims 8-10 and 19-20, Strasemeier in view of Arizti and Hellmold disclose the limitations of claim 6 above; however, while Strasemeier (at [0053]) and Arizti ([0044]; claim 7) suggest an ink-type color-change indicator, Strasemeier and Arizti are silent in regard to the sensing tracks being printed with a conductive ink, wherein the conductive ink is a carbon- based ink and/or a conductive polymer-based ink (claim 8); wherein the carbon-based ink comprises a conductive compound selected from the group consisting of graphene, graphite, nano-carbon-tubes and mixtures thereof (claim 9); wherein the conductive polymer-based ink comprises a polymer selected from the group consisting of polyacetylene, polypyrrole, polyaniline and copolymers thereof (claim 10); wherein the conductive polymer-based ink comprises a polymer selected from the group consisting of poly(pyrrole)s (PPY), polyanilines (PANI), poly(thiophene)s (PT), poly(p-phenylene sulfide) (PPS), poly(p-phenylene) (PPP), Poly(acetylene)s (PAC), Poly(p-phenylene vinylene) (PPV), poly(3,4-ethylenedioxythiophene) (PEDOT), and mixtures thereof (claim 19); and wherein the conductive polymer-based ink comprises poly(3,4-ethylenedioxythiophene) polystyrene sulfonate (PEDOT:PSS; claim 20).
However, Hellmold discloses that the sensing tracks (101) being printed with a conductive ink, wherein the conductive ink is a carbon- based ink and/or a conductive polymer-based ink (page 28, lines 28-31); wherein the carbon-based ink comprises a conductive compound selected from the group consisting of graphene, graphite, nano-carbon-tubes and mixtures thereof (page 28, lines 31-32); wherein the conductive polymer-based ink comprises a polymer selected from the group consisting of polyacetylene, polypyrrole, polyaniline and copolymers thereof (page 28, lines 33-34); wherein the conductive polymer-based ink comprises a polymer selected from the group consisting of poly(pyrrole)s (PPY), polyanilines (PANI), poly(thiophene)s (PT), poly(p-phenylene sulfide) (PPS), poly(p-phenylene) (PPP), Poly(acetylene)s (PAC), Poly(p-phenylene vinylene) (PPV), poly(3,4-ethylenedioxythiophene) (PEDOT), and mixtures thereof (page 29, lines 1-4); and wherein the conductive polymer-based ink comprises poly(3,4-ethylenedioxythiophene) polystyrene sulfonate (PEDOT:PSS; page 29, lines 4-6).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the sensing tracks disclosed by Strasemeier in view of Arizti and Hellmold to be printed with carbon-based and/or polymer-based conductive inks, similar to that disclosed by Hellmold, in order to provide the advantage of fast production whilst ensuring good compatibility with the end product, unlike with the addition of foreign conductive elements which are more prone to tearing the liquid impermeable substrate, as suggested by Hellmold on page 29, lines 6-11.
11. With regard to claim 13, Strasemeier in view of Arizti and Hellmold disclose the limitations of claim 10 above; further, Arizti discloses that the detection device (70, as modified above) further comprises an optical sensor (102) and one or more light sources (104; Fig. 5; abstract; [0008]; [0010]; [0039]; [0041]; [0126-0128]).
12. With regard to claims 15-17, Strasemeier in view of Arizti and Hellmold disclose the limitations of claim 1 above; and further, Arizti discloses that the one or more electrical properties are selected from the group consisting of resistance, capacitance, inductance, and combinations thereof ([0035]; [0154]); wherein the indicator (60) is adapted to detect each voiding event of a plurality of voiding events throughout a wearing period of said absorbent article by a wearer ([0048]; [0050]); and wherein the detection device (70) is adapted to recognize and distinguish each voiding event from each other voiding event immediately preceding and/or following the same, and to cumulatively store a plurality of such events prior to transmitting a data set or data package to a processing device and/or computing means ([0141-0144]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the indicator and detector disclosed by Strasemeier in view of Arizti and Hellmold to further differentiate between voiding events over wear-time, similar to that disclosed by Arizti, in order provide a better prediction of the presence and/or quantity of bodily exudates within the absorbent article given the broad distribution of urination patterns, urination loads, dietary habits, wearer movement and activity during wear time, wearer body dimensions and the like, all of which may have an effect on exudate distribution within the absorbent article; as suggested by Arizti in paragraph [0151].
Conclusion
13. THIS ACTION IS MADE FINAL. 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.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J MENSH whose telephone number is (571)270-1594. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (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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/ANDREW J MENSH/ Primary Examiner, Art Unit 3781
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