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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 14, 2026 has been entered.
Response to Amendment
The amendment filed July 14, 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: the claims now require that, in the front region, one end of the softened material is attached to the inner layer on an inward facing surface at a first attachment region, the softened material layer is folded over the front fold line, and the other end of the softened material layer is attached to the outer layer on a body facing surface at a second attachment region, and that, in the back region, one end of the softened material layer is attached to the inner layer on an inward facing surface at a third attachment region, the softened material layer is folded over the front fold line, and the other end of the softened material layer is attached to the outer layer on a body facing surface at a fourth attachment region and that the portion of the softened material layer in the folded over portion of the front panel has an end that is disposed closer to the central lateral axis as compared to an end of the outer layer in the folded over portion of the front panel, and wherein the portion of softened material layer in the folded over portion of the back panel has an end that is disposed closer to the central lateral axis as compared to an end of the outer layer in the folded over portion of the back panel.
Page 19 of the instant specification states:
As shown with respect to FIGS. 3-10, the garment 10 may include front and back fold lines 64, 63 whereby a portion of the front and back panels 57, 61 are folded over onto the body-facing side of the garment 10. In further embodiments, however, it is contemplated that the garment 10 may not [have] portions of the front and back panels 57, 61 which fold over onto the body-facing side of the garment 10. In such embodiments, ends of the front and back panels 57, 61 may terminate proximate the front and rear waist edges of the garment 10. In such embodiments, it may only be the softened material layer 205 which is folded over ends of the front and back panels 57, 61 forms the front and back fold lines 64, 63. In these embodiments, the attachment region 215 may bond the softened material layer 205 to the inner layer 200 while the attachment region 220 may bond the softened material layer 205 to the outer layer 202, both regions 215, 220 being disposed on the front panel. Likewise, the attachment region 217 may bond the softened material layer 205 to the inner layer 200 while the attachment region 222 may bond the softened material layer 205 to the outer layer 202, both regions 217, 222 being disposed on the back panel 61.
This passage indicates that the softened layer is only joined with the inner layer in instances where the front and back panels are not folded over.
In every other instance disclosing the front and back panels being folded over, the softened material layer is only joined with the outer sheet, not the inner sheet as now required. See, for instance, pages 2 and 11 of the originally filed specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the garment having front and rear panels folded over in addition to one end of the softened material is attached to the inner layer on an inward facing surface at a first attachment region, the softened material layer is folded over the front fold line, and the other end of the softened material layer is attached to the outer layer on a body facing surface at a second attachment region, and , in the back region, one end of the softened material layer is attached to the inner layer on an inward facing surface at a third attachment region, the softened material layer is folded over the front fold line, and the other end of the softened material layer is attached to the outer layer on a body facing surface at a fourth attachment region and that the portion of the softened material layer in the folded over portion of the front panel has an end that is disposed closer to the central lateral axis as compared to an end of the outer layer in the folded over portion of the front panel, and wherein the portion of softened material layer in the folded over portion of the back panel has an end that is disposed closer to the central lateral axis as compared to an end of the outer layer in the folded over portion of the back must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Additionally, the first attachment region, the second attachment region, the third attachment region and the fourth attachment region must be shown or the feature(s) canceled from the claim(s). The numerals in the original drawings refer generally to attachment regions. The newly recited limitations now require specific attachment regions attached to specific element portions and the structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
No new matter should be entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 and 4-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 has been amended to require that one end of softened material layer is attached to the inner layer on an inward facing surface at a first attachment region, the softened material layer is folded over the front fold line and the other end of the softened material layer is attached to the outer layer on a body facing surface at a second attachment region.
This embodiment does not appear to be supported by the originally filed disclosure. The sole occurrence of the softened material layer being attached to the inner layer is only supported when the panels terminate proximate the front and rear waist edges of the garment and, therefore, are not folded over to form waist edges as required by claim 1.
Correction and/or clarification are required.
Claims 1, 4-14 and 18-19 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 portion of the softened material layer” in lines 33 and 35-36. There is insufficient antecedent basis for these limitations in the claim.
Claim 12 recites the limitations "the folded over portion of the back waist panel" in line 26, and “the portion of the softened material layer” in lines 27 and 29-30. There is insufficient antecedent basis for these limitations in the claim.
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.
Claims 1 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tashiro (US 2017/0231837).
With reference to claim 1, Tashiro discloses an absorbent garment (i.e., disposable diaper) comprising:
a longitudinal direction (Y), a lateral direction (X), and a central lateral axis (figure 2);
a front region (1), a back region (2), a crotch region (3), the crotch region being disposed between the front region and the back region (figure 2), the crotch region including an absorbent assembly (30);
the absorbent assembly including a skin-facing liner (32) and an absorbent composite (31), the absorbent assembly also includes a front edge, a back edge and a pair of laterally-opposed side edges (figure 2);
a front panel in the front region (10), wherein the front panel includes an inner layer (41), an outer layer (42), a softened material layer (44), and an elastic area (43) disposed between the inner layer and the outer layer (figure 3),
a portion of the front panel being folded over forming a front waist edge about a front fold line, wherein a portion of the softened material is folded over the front fold line (figure 11a),
a back panel in the back region (20), wherein the back panel includes an inner layer (41), an outer layer (42), a softened material layer (44), and an elastic area (43) disposed between the inner layer and the outer layer (figure 3), a portion of the back panel being folded over forming a back waist edge about a back fold line, wherein a portion of the softened material is folded over the back fold line as shown in figure 11a.
Tashiro also discloses that the front panel and the back panel are bonded to each other to form side seams of the absorbent garment as shown in figure 1. Additionally, it is noted that Tashiro recognizes that the inner (41) and outer (42) sheet may be separated or connected and integrally formed as set forth in [0070].
The difference between Tashiro and claim 1 is the explicit recitation that, in the front region, one end of the softened material is attached to the inner layer on an inward facing surface at a first attachment region, the softened material layer is folded over the front fold line, and the other end of the softened material layer is attached to the outer layer on a body facing surface at a second attachment region, and that, in the back region, one end of the softened material layer is attached to the inner layer on an inward facing surface at a third attachment region, the softened material layer is folded over the front fold line, and the other end of the softened material layer is attached to the outer layer on a body facing surface at a fourth attachment region and that the portion of the softened material layer in the folded over portion of the front panel has an end that is disposed closer to the central lateral axis as compared to an end of the outer layer in the folded over portion of the front panel, and wherein the portion of softened material layer in the folded over portion of the back panel has an end that is disposed closer to the central lateral axis as compared to an end of the outer layer in the folded over portion of the back panel.
Tashiro provides softened material layer (44) in a number of configurations including folded over and/or having one end attached to an inner layer (41) and the other end attached to an outer layer (42) as claimed as shown in figures 9-11. Tashiro also explicitly recites that the softening material layer (44) overlaps one or both of the inner sheet and the outer sheet as set forth in the abstract.
As such, it is considered to be within the level of ordinary skill in the art to provide the inner and outer layers as separate structures based on the teachings of Tashiro in [0070] and as shown in the figures as Tashiro has already explicitly recited that the inner and outer layers may be separate layers.
While figure 11(a) appears to show one continuous layer, it is noted that the front of the layer is indicated as numeral 41 and the back of the layer is indicated as numeral 42, thus suggesting separate elements. In
Nevertheless, the separation of two elements previously disclosed as integral is considered to be within the level of ordinary skill in the art.
Further, a reference disclosure can anticipate a claim when the reference describes the limitations but "'d[oes] not expressly spell out' the limitations as arranged or combined as in the claim, if a person of skill in the art, reading the reference, would ‘at once envisage’ the claimed arrangement or combination." Kennametal, Inc. v. Ingersoll Cutting Tool Co., 780 F.3d 1376, 1381, 114 USPQ2d 1250, 1254 (Fed. Cir. 2015).
With respect to the specific attachment regions, Tashiro discloses that the softening material layer (44) overlaps one or both of the inner sheet and the outer sheet and is intermittently joined thereto via joining portions (51) as set forth in the abstract.
As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide the front and back panels of Tashiro with first and third attachment regions which bond the outer layer to the skin-facing liner because Tashiro discloses that the skin-facing liner and the outer layer may be connected and/or integrally formed as set forth in [0070].
Additionally, It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the front and back panels of Tashiro with attachment regions as claimed because Tashiro discloses that the softening material layer (44) overlaps one or both of the inner sheet and the outer sheet and is intermittently joined thereto via joining portions (51) as set forth in the abstract.
Regarding the provision that the softened material layer specific dimensions, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the dimensions of the softened material layer as desired since it has been held that the mere change in size and/or shape of an element previously disclosed by the prior art is considered to be within the level of ordinary skill of one in the art.
Regarding claims 4 and 6-8, Tashiro discloses a garment wherein the attachment regions include an adhesive for bonding the material layers as set forth in [0072], [0076] and [0114].
With reference to claim 5, Tashiro teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Tashiro and claim 5 is the provision the adhesive has specific dimensions.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the dimensions of the adhesive as desired since it has been held that the mere change in size and/or shape of a previously disclosed element is considered to be within the level of ordinary skill of the art.
As to claim 9, see the rejection of claim 1.
The difference between Tashiro and claim 9 is the provision the garment includes fifth and sixth attachment regions.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Tashiro with fifth and sixth attachment regions as claimed since it has been held that the duplication of essential workings parts of a device is considered to be within the level of ordinary skill in the art.
The difference between Tashiro and claim 10 is the provision that the second attachment region is located from about 10 mm to about 40 mm from the front waist edge and, wherein the fourth attachment region is located from about 10 mm to about 40 mm from the back waist edge.
Tashiro provides the general teaching of providing attachment regions as claimed as set forth in [0070-0073].
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the location of the attachment regions as desired in order to provide the desired product. The attachment of Tashiro provides the same function as the attachment of the instant application. The change in location is considered to be within the level of ordinary skill in the art.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto et al. (US 2013/0317471) and further in view of Tashiro (US 2017/0231837).
With reference to claim 1, Morimoto et al. (hereinafter “Morimoto”) discloses an absorbent garment (i.e., disposable diaper) comprising:
a longitudinal direction, a lateral direction, and a central lateral axis (figure 2);
a front region (LF), a back region (LB), a crotch region (3), the crotch region being disposed between the front region and the back region (figure 2), the crotch region including an absorbent assembly (38);
the absorbent assembly including a skin-facing liner and an absorbent composite [0020], the absorbent assembly also includes a front edge, a back edge and a pair of laterally-opposed side edges (figure 2);
a front panel (84) in the front region (figure 2) and a back panel (86) in the back region (figure 2) , wherein the front and back panel each include an inner layer (94), an outer layer (92), a softened material layer (200), and an elastic area (96) disposed between the inner layer and the softened material layer (figure 4a),a portion of the respective panel being folded over to form a respective waist edge (see figures 4a-4d) and wherein the front and back panel are bonded to form side seams as shown in figure 1.
The folded over portions of Morimoto are considered to “include” the softened material layer (200) as Morimoto discloses that the softened material layer is disposed between inner and outer sheets as set forth in [0025].
The difference between Morimoto and claim 12 is the explicit recitation that that the panels include specific attachment regions and that the softened material has specific dimensions.
Tashiro teaches an analogous garment having a softening material layer (44) that overlaps one or both of the inner sheet and the outer sheet and is intermittently joined thereto via joining portions (51) as set forth in the abstract.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the garment of Morimoto with attachment region as taught by Tashiro in order to provide the article with a stable and fitted connection as taught by Tashiro in in [0070].
Regarding the provision that the softened material layer specific dimensions, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the dimensions of the softened material layer as desired since it has been held that the mere change in size and/or shape of an element previously disclosed by the prior art is considered to be within the level of ordinary skill of one in the art.
As to claim 13, Morimoto modified teaches the invention substantially as claimed as set forth in the rejection of claim 12.
The difference between Morimoto modified and claim 13 is the provision the attachment regions is adhesive that has specific dimensions.
Initially, it is noted that the substitution of one type of attachment material for another absent any teaching of an unexpected result is considered to be within the ordinary level of skill in the art.
Further, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the dimensions of the adhesive as desired since it has been held that the mere change in size and/or shape of a previously disclosed element is considered to be within the level of ordinary skill of the art.
With respect to claim 14, Morimoto modified teaches the invention substantially as claimed as set forth in the rejection of claim 12.
The difference between Morimoto modified and claim 14 is the provision that the adhesive includes at least two strips of adhesive having different lengths.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the adhesive in the form of strips, duplicate the strips and provide them at different lengths as desired because Tashiro provides the general teaching of utilizing adhesive the secure the elements of the article.
A change in size and/or shape, as well as a duplication of the essential working parts of the device is considered to be within the level of ordinary skill in the art.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Morimoto et al. (US 2013/0317471) in view of Tashiro (US 2017/0231837) and further in view of Yahiaoui et al. (US 2012/0328850).
With reference to claim 19, Morimoto modified teaches the invention substantially as claimed as set forth in the rejection of claim 12.
The difference between Morimoto modified and claim 19 is the provision that the nonwoven material is treated with a softener additive.
Yahiaoui et al. (hereinafter “Yahiaoui”) teaches an analogous absorbent article including a nonwoven material treated with a softener additive as set forth in [0028].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the nonwoven of Morimoto with a softening additive as taught by Yahiaoui in order to improve the softness of the layer without sacrificing any durability of the layer as taught by Yahiaoui in [0028].
Allowable Subject Matter
Claims 20-24 are allowed.
The following is an examiner’s statement of reasons for allowance: the cited prior art of record fails to teach or fairly suggest the combination of front and back panels in respective front and back regions, wherein the front and back panel each include an inner layer, an outer layer, and an elastic area disposed between the inner layer and the outer layer, wherein the inner layer includes an end comprising a softened material layer, wherein the end including the softened material layer is folded over the elastic area such that the softened material layer forms a folded over portion disposed between the elastic area and the outer layer.
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.”
Response to Arguments
Applicant's arguments filed July 14, 2026 have been fully considered but they are not persuasive.
Applicant submits that support for amended independent claim 1 can be found in figure 10.
It is noted that figure 10 supports softened material layer (205) attached via attachment regions (220, 222) to outer layer (202), not to inner layer (200). As such, the examiner maintains that the newly recited limitations of independent claim 1 are not supported by the originally filed specification.
Additionally, with respect to claim 1, applicant’s arguments are considered moot in view of the presented amendments and the current rejection of the claim.
Applicant argues that there is no motivation for the required attachment regions. The examiner disagrees as Tashiro discloses intermittent bonding in the abstract.
Applicant argues that one of ordinary skill in the art would not have been motivated to provide the recited attachment regions. The examiner disagrees. Tashiro discloses that the outer layer is bonded to the skin facing liner and that the softened material is bonded to the outer layer as shown in figure 11a.
The skin-facing liner and the outer layer may be connected and/or integrally formed as set forth in [0070] and the softened material layer may overlap the outer layer with an integral connection in [0073].
The claim requires a portion of the front panel to be folded over. This does not preclude any single layer, or combination thereof, from meeting the limitation as claimed.
Additionally, the substitution of individual attachment regions as opposed to a single layer of attachment is considered to be within the level of ordinary skill in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELE KIDWELL/Primary Examiner, Art Unit 3781
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