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 .
This office action is responsive to the amendment filed on 4/22/2025. As directed by the amendment: claims 1-3 and 7 have been amended. Thus, claims 1-8 are presently pending in this application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over You et al. (WO 2018226289 A1) in view of Tong et al. (US 20220142828 A1) and Ooue et al. (US 20220339938 A1).
Regarding Claim 1, You teaches an adult disposable absorbent pant ('absorbent article 10, fig.1, page 13, ¶ 28), comprising:
front and rear panels ('elastomeric panels, 60 and 70', figs.1 and 2, ¶ 30) each comprising stretch laminate material ("the elastomeric panel can have a laminate", "stretch-bonded laminate", ¶ 30), the stretch laminate material ("stretch-bonded laminate", ¶ 30) comprising an inner layer ("elastomeric polymeric film layer", ¶ 30) and an outer layer ("nonwoven web layers", ¶ 30)("the elastomeric panel can have a laminate of at least one elastomeric polymeric film layer and at least one nonwoven web layer. In various embodiments, the elastomeric panel can have a laminate of at least one elastomeric polymeric film layer which can be sandwiched between at least two nonwoven web layers", ¶ 30), each of the inner ("elastomeric polymeric film layer", ¶ 30) and outer layers ("nonwoven web layers", ¶ 30) being formed of nonwoven web material ("the elastomeric panel can have a laminate of at least one elastomeric polymeric film layer and at least one nonwoven web layer. In various embodiments, the elastomeric panel can have a laminate of at least one elastomeric polymeric film layer which can be sandwiched between at least two nonwoven web layers", ¶ 30), and
a plurality of longitudinally spaced, laterally extending and laterally pre-strained elastic strands ('multiple elastomeric strands 84', fig.1, ¶ 32) disposed between the inner layer ("elastomeric polymeric film layer", ¶ 30) and the outer layer ("nonwoven web layers", ¶ 30)("elastomeric strands 84 which can be sandwiched between at least two nonwoven web layers", ¶ 32), wherein the front and rear panels ('elastomeric panels, 60 and 70', figs.1 and 2, ¶ 30) are joined to each other along left and right side seams ('side seams, 50 and 52', fig.1, ¶ 28) each having a top end and a bottom end (see fig.1); and
an absorbent pad (body facing surface 204', fig.4, ¶ 47) assembly comprising:
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Annotated Figure 4 of You
a front portion terminating at a front end and a rear portion terminating at a rear end (see annotated figure 4),
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Annotated Figure 3 of You
the front portion being joined to the front panel 60 and the rear portion being joined to the rear panel 70 (see annotated figure 3), a liquid permeable topsheet ('topsheet layer 202', fig.5A, ¶ 46), a liquid impermeable backsheet (backsheet layer 206', fig.5A, ¶ 46), and an absorbent core structure ('absorbent core 208', fig.5A, ¶ 46) disposed between the topsheet 202 and the backsheet 206;
wherein the plurality of elastic strands 84 in at least one of the front and rear panels ('elastomeric panels, 60 and 70', figs.1 and 2, ¶ 30) have an average longitudinal strand spacing of 2 mm to 6 mm ("the spacing between each elastomeric strand 84 within the front waist portion 100 can be less than about 5, 4, or 3 mm", ¶ 34), and a pattern of printing, visible from outside the pant 10 ("the backsheet layer 206 can be a two layer construction, including an outer layer material 210...The outer layer 210 can be any suitable material...such material can be a 100% polypropylene bonded-carded web with a diamond bond pattern", ¶ 65).
You fails to teach the pattern of printed ink imparts a Rugosity Area to the at least one of the front and rear panels; wherein the Rugosity Area bears a pattern of printed ink, visible from outside the pant, wherein the pattern of printed ink imparts a Percent Rugosity Area with a Color Contrast of at least 50 percent, for the at least one of the front and rear panels. Tong teaches a Rugosity Area ("various Rugosity Wavelengths and/or Rugosity Frequencies", ¶ 109) to the at least one of the front and rear panels ("the nonwoven gathers between the locations where the nonwoven is bonded to the elastic strands, and in turn, forms corrugations and rugosities", ¶ 4);
wherein the Rugosity Area ("various Rugosity Wavelengths and/or Rugosity Frequencies", ¶ 109) bears a pattern of printing ("bonding patterns", ¶ 55), visible from outside the pant,
wherein the pattern of printing ("bonding patterns", ¶ 55) imparts a Percent Rugosity Area with a Color Contrast ("percent contact area and height of the elastic laminate specimen surface as well as the frequency and wavelength of its associated rugosities", ¶ 122; "the elastic materials 167 herein may be configured with identical or different colors in various different locations on the first elastic belt 106 and/or the second elastic belt 108", ¶ 104).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the absorbent article of You such that the plurality of elastic strands impart a Rugosity Area to the at least one of the front and rear panels; wherein the Rugosity Area bears a pattern of printing, visible from outside the pant, wherein the pattern of printing imparts a Percent Rugosity Area with a Color Contrast as taught by Tong, in order to increase the traction between the user and absorbent article such that the diaper remains in optimal placement for use.
You/Tong fail to teach the pattern of printed ink imparts a Percent Rugosity Area with a Color Contrast of at least 50 percent, for the at least one of the front and rear panels. The purpose of such parameters is not to provide a clear technical benefit, but to render the article more pleasant for the wearer, since it resembles normal undergarments. Such problem is however not a technical one, but a mere aesthetic one. Aesthetic creations are not patentable for utility applications. This is evidenced by In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947), wherein the court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art.
(MPEP 2144.04, I. AESTHETIC DESIGN CHANGES).
Additionally, You/Tong fail to teach a pattern of printed ink. Ooue teaches a pattern of printed ink (¶ 73; see figs.6A-6C).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the absorbent article of You to include a pattern of printed ink as taught by Tong, in order to prevent all nozzles from being clogged by having a flushing step in which ink is injected from nozzles that are not being used for printing a pattern in a method for manufacturing a disposable worn article, so that even when the pattern is changed to another pattern, it is possible to print a desired pattern while making it easy to process the ink that has been injected in the flushing step (¶ 5).
Regarding Claim 2, You teaches the pattern of printing ("diamond bond pattern", ¶ 65) and the front and rear panels (60, 70). You fails to teach the pattern of printing imparts a Percent Rugosity Area with a Color Contrast of at least 65 percent, for the at least one of the front and rear panels. Tong teaches the pattern of printing imparts a Percent Rugosity Area with a Color Contrast ("percent contact area and height of the elastic laminate specimen surface as well as the frequency and wavelength of its associated rugosities", ¶ 122; "the elastic materials 167 herein may be configured with identical or different colors in various different locations on the first elastic belt 106 and/or the second elastic belt 108", ¶ 104).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the absorbent article of You such that the plurality of elastic strands impart a Rugosity Area to the at least one of the front and rear panels; wherein the Rugosity Area bears a pattern of printing, visible from outside the pant, wherein the pattern of printing imparts a Percent Rugosity Area with a Color Contrast as taught by Tong, in order to increase the traction between the user and absorbent article such that the diaper remains in optimal placement for use.
You/Tong fail to teach the pattern of printing imparts a Percent Rugosity Area with a Color Contrast of at least 65 percent, for the at least one of the front and rear panels. The purpose of such parameters is not to provide a clear technical benefit, but to render the article more pleasant for the wearer, since it resembles normal undergarments. Such problem is however not a technical one, but a mere aesthetic one. Aesthetic creations are not patentable for utility applications. This is evidenced by In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947), wherein the court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art.
(MPEP 2144.04, I. AESTHETIC DESIGN CHANGES).
Additionally, You/Tong fail to teach a pattern of printed ink. Ooue teaches a pattern of printed ink (¶ 73; see figs.6A-6C).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the absorbent article of You to include a pattern of printed ink as taught by Tong, in order to prevent all nozzles from being clogged by having a flushing step in which ink is injected from nozzles that are not being used for printing a pattern in a method for manufacturing a disposable worn article, so that even when the pattern is changed to another pattern, it is possible to print a desired pattern while making it easy to process the ink that has been injected in the flushing step (¶ 5).
Regarding Claim 3, You teaches the pattern of printing ("diamond bond pattern", ¶ 65) and the front and rear panels (60, 70). You fails to teach the pattern of printing imparts a Percent Rugosity Area with a Color Contrast of at least 75 percent, for the at least one of the front and rear panels. Tong teaches the pattern of printing imparts a Percent Rugosity Area with a Color Contrast ("percent contact area and height of the elastic laminate specimen surface as well as the frequency and wavelength of its associated rugosities", ¶ 122; "the elastic materials 167 herein may be configured with identical or different colors in various different locations on the first elastic belt 106 and/or the second elastic belt 108", ¶ 104).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the absorbent article of You such that the plurality of elastic strands impart a Rugosity Area to the at least one of the front and rear panels; wherein the Rugosity Area bears a pattern of printing, visible from outside the pant, wherein the pattern of printing imparts a Percent Rugosity Area with a Color Contrast as taught by Tong, in order to increase the traction between the user and absorbent article such that the diaper remains in optimal placement for use.
You/Tong fail to teach the pattern of printing imparts a Percent Rugosity Area with a Color Contrast of at least 75 percent, for the at least one of the front and rear panels. The purpose of such parameters is not to provide a clear technical benefit, but to render the article more pleasant for the wearer, since it resembles normal undergarments. Such problem is however not a technical one, but a mere aesthetic one. Aesthetic creations are not patentable for utility applications. This is evidenced by In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947), wherein the court found that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art.
(MPEP 2144.04, I. AESTHETIC DESIGN CHANGES).
Additionally, You/Tong fail to teach a pattern of printed ink. Ooue teaches a pattern of printed ink (¶ 73; see figs.6A-6C).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the absorbent article of You to include a pattern of printed ink as taught by Tong, in order to prevent all nozzles from being clogged by having a flushing step in which ink is injected from nozzles that are not being used for printing a pattern in a method for manufacturing a disposable worn article, so that even when the pattern is changed to another pattern, it is possible to print a desired pattern while making it easy to process the ink that has been injected in the flushing step (¶ 5).
Regarding Claims 4, 5, and 6, You teaches a pant waist size of at least 35 cm (¶ 68-69).
Regarding Claim 7, You teaches the pattern of printing ("diamond bond pattern", ¶ 65) is a plurality of laterally-oriented rod shapes (see fig.4, in which 82 and 84 are laterally-oriented rod shapes arranged in a staggered pattern), but You/Tong fail to teach a pattern of printed ink. Ooue teaches a pattern of printed ink (¶ 73; see figs.6A-6C).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the absorbent article of You to include a pattern of printed ink as taught by Tong, in order to prevent all nozzles from being clogged by having a flushing step in which ink is injected from nozzles that are not being used for printing a pattern in a method for manufacturing a disposable worn article, so that even when the pattern is changed to another pattern, it is possible to print a desired pattern while making it easy to process the ink that has been injected in the flushing step (¶ 5).
Regarding Claim 8, You teaches the laterally-oriented rod shapes are arranged in a staggered pattern (see fig.4, in which 82 and 84 are laterally-oriented rod shapes arranged in a staggered pattern).
Response to Arguments
Applicant's arguments filed 7/31/2025 have been fully considered but they are not persuasive for the following reasons:
In response to applicant's argument that the pattern provides specific benefits, applicant is reminded that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
While the combination of references do not explicitly set forth a teaching of a color contrast of at least 50%, the combination of references teach the structural elements required to arrive at the claimed percentage. As the purpose of such parameters is not to provide a clear technical benefit but to render the article more pleasant for the wearer, since it resembles normal undergarments, the recitation does appear to represent an aesthetic design change.
While aesthetic creations are not patentable for utility applications, it is also reasonable to suggest that one of ordinary skill in the art would have been motivated to adjust the pattern to accommodate the desired article with the benefits disclosed by the cited prior art.
Lastly, it is noted that the features upon which applicant relies (i.e., obscured rugosity, enhanced appearance, increased wearer comfort and acceptance and/or competitive advantages) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ashraf et al. (US 2019/0298586) discloses a stretch laminate with longitudinally spaced elastic strands.
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.
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.
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/MICHELE KIDWELL/Primary Examiner, Art Unit 3781
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