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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/05/225 has been entered.
Response to Amendment
The amendment filed 12/05/2025 has been entered. Claims 1, 7, 9, 11-13, 15, 29, 31-32 have been amended. Claims 2, 4, 6, 8, 10, 26 and 33 are cancelled. Claims 34-36 are new. Claims 1, 3, 5, 7, 9, 11-25, 27-32 and 34-36 remain pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on the same interpretation of previously applied Bonilla for any teaching or matter specifically challenged in the argument. As discussed in the rejection below, Bonilla discloses the claimed length ratios.
Claim Rejections - 35 USC § 103
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, 3, 5, 7, 9, 11-21, 23, 25, 27, 29, 31-32 and 34-36 are rejected under 35 U.S.C. 103 as being unpatentable over Bonilla et al. (Pub. No.: US 2016/0038353 A1) in view of Gilroy (Pub. No.: US 2007/0144937 A1).
Regarding claim 1, Bonilla discloses (fig. 1, 6) a collection of feminine hygiene article packages (abstract), each of the packages comprising a consumer-facing panel (¶ 0038, fig. 6) and further comprising:
A plurality of packages comprising a plurality of feminine hygiene articles (¶ 0037), the plurality of packages comprising a product indicator comprising a primary size indicator (absorbency level designation 134 ¶ 0040), an alternate size indicator (second icon 130, ¶ 0040) and/or a flow rate indicator (first icon 136, e.g., up to 10 hour protection ¶ 0040); and
A product guide (selection guide 10) comprising a first reference condition (daytime use, ¶ 0024) and a second reference condition (nighttime use, ¶ 0025), wherein the product indicator comprises at least one of the primary size indicator, the first alternate size indicator, and the first flow rate indicator (¶ 0040, fig. 6).
Bonilla further discloses that the collection of feminine hygiene article packages can comprise any combination of two or more of the articles within the individual tables or across the individual tables (¶ 0030, tables 1 and 2). Bonilla further discloses that the package can contain a plurality of different articles (¶ 0037).
Thus, Bonilla discloses a first package comprising a first plurality of long super ultrathin articles comprising a first length and a first absorbency and a second plurality of overnight ultrathin articles comprising a second length and a second absorbency (table 1); and a second package comprising a third plurality of regular maxi articles and a fourth plurality of overnight maxi articles (table 2);
Wherein the second length (317 mm, table 1) is greater than the first length (284 mm, table 1), the second absorbency (overnight, table 1) is greater than the first absorbency (regular, table 1), and a ratio of the second length to the first length is 1.1 (table, 1, 317mm/284mm=1.1)
Wherein a ratio of a length of the fourth plurality of feminine hygiene articles to a length of the third plurality of feminine hygiene articles is 1.3 (317mm/240mm=1.3).
Bonilla fails to disclose a first group product indicia associating the first product indicator with the second product indicator.
However, as discussed above, the collection can comprise a first package comprising a first plurality of regular long super articles and a second plurality of overnight ultrathin articles (table 1).
Thus, 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 product guide such that it comprises a first group indicia associating the first product indicator with the second product indicator, the first group indicia being ‘ultrathin’, in order to indicate to the user that the articles in the first package are ultrathin.
Bonilla fails to disclose that the first package comprises a first product indicator and a second product indicator; and the second package comprises a third primary size indicator, a third alternate size indicator, and/or a third flow rate indicator and a fourth primary size indicator, a fourth alternate size indicator, and/or a fourth flow rate indicator.
Gilroy teaches (fig. 4) a package comprising a first and second plurality of feminine hygiene articles (402, 404, ¶ 0028) and thus in the same field of endeavor, wherein the first package comprises a first product indicator and a second product indicator in order to provide a signal that two different pluralities of absorbent articles are in a single package (Gilroy, ¶ 0028) (tinted windows 406 408).
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 first and second packages of Bonilla such that they comprise a first product indicator and a second product indicator; and a third primary size indicator, a third alternate size indicator, and/or a third flow rate indicator and a fourth primary size indicator, a fourth alternate size indicator, and/or a fourth flow rate indicator, respectively, as taught by Gilroy, in order to provide a signal for the two different pluralities of absorbent articles in a single package (Gilroy, ¶ 0028).
Accordingly, Bonilla in view of Gilroy suggest wherein the first product indicator is associated with the first reference condition (Bonilla, i.e., daytime use, ¶ 0024) and the second product indicator is associated with the second reference condition (Bonilla, nighttime use, ¶ 0025) (fig. 1);
Regarding claim 3, Bonilla discloses wherein a first ratio of absorbency of the second plurality of feminine hygiene articles versus the first plurality of feminine hygiene articles is 1 (10 hours of protection/10 hours of protection, ¶ 0024-¶ 0025), which is close to the claimed range of between about 1.1 to about 5.0.
A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (MPEP §2144.05 I.). In the instant case, the ranges claimed by Applicant are not patentably distinct from the ranges suggested by Bonilla.
Regarding claim 5, Bonilla discloses wherein the first plurality of feminine hygiene articles comprises a pair of wings comprising a first leading edge, and wherein the second plurality of feminine hygiene articles comprise a pair of wings comprising a second leading edge (table 1), and wherein the first leading edge is disposed more proximal to a transverse center line of the first plurality of feminine hygiene articles than the second leading edge to a transverse centerline of the second plurality of feminine hygiene articles (see table 1, pad length-back from with transverse center line of long super vs overnight ultrathin article).
Regarding claim 7, Bonilla discloses wherein the product guide comprises a third product indicator (absorbency level designation 32) associated with the first reference condition (fig. 1, ¶ 0024) and a fourth product indicator (absorbency level designation 42) associated with the second reference condition (fig. 1, ¶ 0025), wherein the third product indicator comprises at least one of the third primary size indicator, the third alternate size indicator, and the third flow rate indicator (i.e., absorbency level designation ¶ 0024), and wherein the fourth product indicator comprises at least one of the fourth primary size indicator, the fourth alternate size indicator, and the fourth flow rate indicator (i.e., absorbency level designation ¶ 0025).
Bonilla in view of Gilroy fails to disclose a second group product indicia associating the third product indicator with the fourth product indicator.
However, as discussed above, the collection can comprise a third package comprising a third plurality of regular maxi articles and a fourth package comprising a fourth plurality of overnight maxi articles (table 2).
Thus, 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 product guide of Bonilla in view of Gilroy such that it comprises a second group indicia associating the third product indicator with the fourth product indicator, the second group indicia being ‘maxi’, in order to indicate to the user that the article is maxi.
Regarding claim 9, Bonilla discloses wherein a ratio of absorbency of the fourth plurality of feminine hygiene articles to an absorbency of the third plurality of feminine hygiene articles is in the range of 1.25 (10 hours of protection/up to 8 hours of protection, ¶ 0024-¶ 0025), which overlaps with the claimed range of between about 1.5 to about 5.0.
In this case where the claimed ranges “overlap or lie inside ranges disclosed in the prior art”, a prima facie case of obviousness exists (MPEP §2144.05 I.).
Regarding claim 11, Bonilla discloses wherein the third plurality of feminine hygiene articles comprises a pair of wings comprising a third leading edge, and wherein the fourth plurality of feminine hygiene articles comprise a pair of wings comprising a fourth leading edge, and wherein the third leading edge is disposed more proximal to a transverse centerline of the third plurality of feminine hygiene articles than the fourth leading edge to a transverse centerline of the fourth plurality of feminine hygiene articles (see table 2, pad length-front from with transverse center line of regular maxi vs extra overnight maxi).
Regarding claim 12, Bonilla discloses wherein the second package comprises a second product guide (the product guide can be provided on the package, ¶ 0023) comprising the first reference condition and the second reference condition (fig. 1), a third product indicator (absorbency level designation 32) comprising at least one of the third primary size indicator, the third alternate size indicator, and the third flow rate indicator (absorbency level designation, ¶ 0024), a fourth product indicator (absorbency level designation 42) comprising at least one of the fourth primary size indicator, the fourth alternate size indicator, and the fourth flow rate indicator (absorbency level designation, ¶ 0024), wherein the third product indicator is associated with the first reference condition and the fourth product indicator is associated with the second reference indicator (fig. 1).
Regarding claim 13, as discussed above in claim 1, Bonilla discloses a collection of feminine hygiene article packages, each of the packages comprising a consumer-facing panel and further comprising: a plurality of packages comprising a primary size indicator, an alternate size indicator and/or a flow rate indicator wherein each of the plurality of packages comprise a plurality of feminine hygiene articles therein, the collection of feminine hygiene article packages can comprise any combination of two or more of the articles within the individual tables or across the individual tables (¶ 0030, tables 1 and 2). Bonilla further discloses that the package can contain a plurality of different articles (¶ 0037).
Thus, the collection can comprise a third package comprising a fifth plurality of extra heavy day ultrathin articles, and a sixth plurality of extra heavy extra heavy overnight ultrathin articles (table 1), wherein a ratio of a length of the sixth plurality of feminine hygiene articles to a length of the fifth plurality of feminine hygiene articles is 1.1 (360mm/317mm=1.1, table 1) which falls within the claimed range of 1.0 to 1.5.
Bonilla in view of Gilroy fail to disclose wherein the third package comprises a fifth primary size indicator, a fifth alternate size indicator and/or a fifth flow rate indicator and a sixth primary size indicator, a sixth alternate size indicator, and/or a sixth flow rate indicator.
However, as discussed in claim 1 above, Gilroy discloses (fig. 4) a package comprising a first and second plurality of feminine hygiene articles (402, 404, ¶ 0028) and thus in the same field of endeavor, wherein the first package comprises a first product indicator and a second product indicator in order to provide a signal for the two different pluralities of absorbent articles in a single package (Gilroy, ¶ 0028) (tinted windows 406 408).
Accordingly, 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 third of Bonilla in view of Gilroy such that it comprises a fifth primary size indicator, a fifth alternate size indicator, and/or a fifth flow rate indicator, and a sixth primary size indicator, a sixth alternate size indicator, and/or a sixth flow rate indicator, as taught by Gilroy, in order to provide a signal for the two different pluralities of absorbent articles in a single package (Gilroy, ¶ 0028).
Regarding claim 14, Bonilla discloses wherein the packages comprise the product guide (¶ 0023).
Bonilla in view of Gilroy fail to disclose wherein the product guide comprises the fifth product indicator associated with the first reference condition and the sixth product indicator associated with the second reference condition.
However, as discussed above in claim 13, the collection can comprise a third package comprising a fifth plurality of extra heavy day ultrathin articles, which is associated with the first reference condition ‘daytime use’, and a sixth plurality of extra heavy overnight ultrathin articles, which is associated with the second reference condition ‘nighttime use’ (table 1).
Accordingly, 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 collection of Bonilla in view of Gilroy such that the product guide comprises the fifth product indicator associated with the first reference condition and the sixth product indicator associated with the second reference condition in order to provide an absorbency level designation for the fifth and sixth plurality of articles.
Bonilla fails to disclose a third group product indicia associating the fifth product indicator with the sixth product indicator.
However, as discussed above, the fifth and sixth packages can comprise ultrathin articles.
Thus, 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 product guide such that it comprises a third group indicia associating the fifth product indicator with the sixth product indicator, the third group product indicia being ‘ultrathin, in order to indicate to the user that the article is ultrathin.
Regarding claim 15, Bonilla discloses wherein a ratio of a length of the sixth plurality of feminine hygiene articles to a length of the fifth plurality of feminine hygiene articles is about 1.1 (see claim 13 above).
Regarding claim 16, Bonilla discloses wherein a ratio of absorbency between the sixth plurality of absorbent articles versus the fifth plurality of absorbent articles is 1.0 (10 hours of protection/10 hours of protection, ¶ 0024-¶ 0025), which falls within the claimed range of between about 1.0 to about 4.0.
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (see MPEP §2131.03.I).
Regarding claim 17, Bonilla discloses wherein the product indicator comprises primary size indicator (absorbency level designations 30-42) and an alternate size indicator (images of articles 20-28) (fig. 1).
Regarding claim 18, Bonilla discloses wherein the fifth plurality of feminine hygiene articles comprises a pair of wings comprising a fifth leading edge, and wherein the sixth plurality of feminine hygiene articles comprise a pair of wings comprising a sixth leading edge, and wherein the fifth leading edge is disposed more proximal to a transverse centerline of the fifth plurality of feminine hygiene articles than the sixth leading edge to a transverse centerline of the sixth plurality of feminine hygiene articles (see table 1, pad length-back from with transverse center line of regular vs overnight maxi article).
Regarding claim 19, Bonilla fails to disclose wherein the fifth product indicator is associated with the first reference condition and the sixth product indicator is associated with the second reference condition.
However, as discussed above in claim 13, the collection can comprise a fifth package comprising a fifth plurality of extra heavy day ultrathin articles, which is associated with the first reference condition ‘daytime use’, and a sixth package comprising a sixth plurality of extra heavy overnight ultrathin articles, which is associated with the second reference condition ‘nighttime use’ (table 1).
Accordingly, 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 collection of Bonilla such that the product guide comprises the fifth product indicator associated with the first reference condition and the sixth product indicator associated with the second reference condition in order to provide an absorbency level designation for the fifth and sixth plurality of articles.
Bonilla fails to disclose a third group product indicia associating the fifth product indicator with the sixth product indicator.
However, as discussed above, the fifth and sixth packages can comprise ultrathin articles.
Thus, 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 product guide such that it comprises a third group indicia associating the fifth product indicator with the sixth product indicator, the second group indicia being ‘ultrathin, in order to indicate to the user that the article is ultrathin.
Regarding claim 20, Bonilla discloses wherein the packages comprise the product guide (¶ 0023), the product guide comprising the first reference condition and the second reference condition (fig. 1).
Bonilla fails to disclose a fifth product indicator comprising the fifth primary size indicator, the fifth alternate size indicator and/or the fifth flow rate indicator, a sixth product indicator comprising the sixth primary size indicator, the sixth alternate size indicator and/or the sixth flow rate indicator, wherein the fifth product indicator is associated with the first reference condition and the sixth product indicator is associated with the second reference condition.
However, as discussed above in claim 13, the collection can comprise a fifth package comprising a fifth plurality of extra heavy day ultrathin articles, which is associated with the first reference condition ‘daytime use’, and a sixth package comprising a sixth plurality of extra heavy overnight ultrathin articles, which is associated with the second reference condition ‘nighttime use’ (table 1).
Accordingly, 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 collection of Bonilla such that the product guide comprises a fifth product indicator comprising the fifth primary size indicator, the fifth alternate size indicator and/or the fifth flow rate indicator, a sixth product indicator comprising the sixth primary size indicator, the sixth alternate size indicator and/or the sixth flow rate indicator in order to provide an absorbency level designation for the fifth and sixth plurality of articles.
Regarding claim 21, Bonilla discloses wherein the first reference condition indicates day-use feminine hygiene articles and the second reference condition indicates night-use feminine hygiene articles (¶ 0023).
Regarding claim 23, Bonilla discloses wherein the first reference condition and the second reference condition pertain to different activity levels of a user (e.g., daytime when a consumer is in an upright position and nighttime when a consumer is lying down ¶ 0004).
Regarding claim 25, Bonilla discloses wherein the plurality of first and second packages of feminine hygiene articles have the same brand name or same sub-brand name (¶ 0006).
Regarding claim 27, Bonilla fails to disclose wherein the first plurality of feminine hygiene articles and the second plurality of feminine hygiene articles have a different sub-brand.
However, as discussed above in claim 1, Bonilla discloses that the collection of feminine hygiene article packages can comprise any combination of two or more of the articles within the individual tables or across the individual tables (¶ 0030, tables 1 and 2).
Thus, the collection can comprise a first package comprising a first plurality of regular ultrathin articles and a second package comprising a second plurality of overnight maxi articles (table 1-2); thereby providing the plurality of first and second packages of feminine hygiene articles having a different sub-brand name. Further, in this instance, the first group product indica can be the brand name Always (¶ 0038).
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 first and second packages of feminine hygiene articles of Bonilla such that they have a different sub-brand, in order to provide the user with the options of ultrathin and maxi.
Regarding claim 29, Bonilla discloses wherein at least one of the pluralities of first and second feminine hygiene articles and the pluralities of third and fourth feminine hygiene articles comprise the same sub-brand (e.g., third and fourth feminine hygiene articles are the sub-brand maxi, table 2).
Bonilla fails to disclose wherein at least one of the pluralities of first and second feminine hygiene articles and the pluralities of third and fourth feminine hygiene articles comprise different sub-brands.
However, as discussed above in claim 1, Bonilla discloses that the collection of feminine hygiene article packages can comprise any combination of two or more of the articles within the individual tables or across the individual tables (¶ 0030, tables 1 and 2).
Thus, the collection can comprise a first package comprising a first plurality of regular ultrathin articles and a second package comprising a second plurality of overnight maxi articles (table 1-2); thereby providing the plurality of first and second packages of feminine hygiene articles having a different sub-brand name. Further, in this instance, the first group product indica can be the brand name Always (¶ 0038).
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 first and second packages of feminine hygiene articles of Bonilla such that they have a different sub-brand, in order to provide the user with the options of ultrathin and maxi.
Regarding claim 31, Bonilla discloses wherein the first package comprises the first alternate size indicator (see claim 1 above). Regarding the limitation of “wherein the alternate size indicator comprises at least one star or at least one stripe”, such limitation is considered non-functional printed matter that does not distinguish over the prior art (MPEP §2111.05).
Regarding claim 32, Bonilla discloses wherein the first package comprises the first alternate size indicator (see claim 1 above). Regarding the limitation of “wherein the alternate size indicator comprises at least one gold star”, such limitation is considered non-functional printed matter that does not distinguish over the prior art (MPEP §2111.05).
Regarding claim 34, Bonilla discloses wherein the first package comprises the first alternate size indicator (see claim 1 above). Regarding the limitation of “wherein the alternate size indicator comprises at least one star, at least one highlighted drop, or at least one stripe”, such limitation is considered non-functional printed matter that does not distinguish over the prior art (MPEP §2111.05).
Regarding claim 35, Bonilla discloses (fig. 1, 6) a collection of feminine hygiene article packages (abstract), each of the packages comprising a consumer-facing panel (¶ 0038, fig. 6) and further comprising:
A plurality of packages comprising a plurality of feminine hygiene articles (¶ 0037), the plurality of packages comprising a product indicator comprising a primary size indicator (absorbency level designation 134 ¶ 0040), an alternate size indicator (second icon 130, ¶ 0040) and/or a flow rate indicator (first icon 136, e.g., up to 10 hour protection ¶ 0040); and
A product guide (selection guide 10) comprising a first reference condition (daytime use, ¶ 0024) and a second reference condition (nighttime use, ¶ 0025), wherein the product indicator comprises at least one of the primary size indicator, the first alternate size indicator, and the first flow rate indicator (¶ 0040, fig. 6).
Bonilla further discloses that the collection of feminine hygiene article packages can comprise any combination of two or more of the articles within the individual tables or across the individual tables (¶ 0030, tables 1 and 2). Bonilla further discloses that the package can contain a plurality of different articles (¶ 0037).
Thus, Bonilla discloses a first package comprising a first plurality of regular ultrathin articles comprising a first length and a first absorbency and a second plurality of overnight ultrathin articles comprising a second length and a second absorbency (table 1); and a second package comprising a third plurality of long super maxi articles and a fourth plurality of extra heavy overnight maxi articles (table 2);
Wherein the second length (317 mm, table 1) is greater than the first length (240 mm, table 1), the second absorbency (overnight, table 1) is greater than the first absorbency (regular, table 1), and a ratio of the second length to the first length is 1.3 (table, 1, 317mm/240mm=1.3).
wherein a ratio of a length of the fourth plurality of feminine hygiene articles to a length of the third plurality of feminine hygiene articles is 1.4 (400mm/284mm=1.4, table 2), wherein a length of the fourth plurality of feminine hygiene articles (400mm, table 2) is greater than the length of the third plurality of feminine hygiene articles (284 mm, table 2).
Bonilla fails to disclose a first group product indicia associating the first product indicator with the second product indicator.
However, as discussed above, the collection can comprise a first package comprising a first plurality of regular long super articles and a second plurality of overnight ultrathin articles (table 1).
Thus, 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 product guide such that it comprises a first group indicia associating the first product indicator with the second product indicator, the first group indicia being ‘ultrathin’, in order to indicate to the user that the articles in the first package are ultrathin.
Bonilla fails to disclose that the first package comprises a first product indicator and a second product indicator; and the second package comprises a third primary size indicator, a third alternate size indicator, and/or a third flow rate indicator and a fourth primary size indicator, a fourth alternate size indicator, and/or a fourth flow rate indicator.
Gilroy teaches (fig. 4) a package comprising a first and second plurality of feminine hygiene articles (402, 404, ¶ 0028) and thus in the same field of endeavor, wherein the first package comprises a first product indicator and a second product indicator, in order to provide a signal for the two different pluralities of absorbent articles in a single package (Gilroy, ¶ 0028) (tinted windows 406 408).
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 first and second packages of Bonilla such that they comprise a first product indicator and a second product indicator; and a third primary size indicator, a third alternate size indicator, and/or a third flow rate indicator and a fourth primary size indicator, a fourth alternate size indicator, and/or a fourth flow rate indicator, respectively, as taught by Gilroy, in order to provide a signal for the two different pluralities of absorbent articles in a single package (Gilroy, ¶ 0028).
Accordingly, Bonilla in view of Gilroy disclose wherein the first product indicator is associated with the first reference condition (Bonilla, i.e., daytime use, ¶ 0024) and the second product indicator is associated with the second reference condition (Bonilla, nighttime use, ¶ 0025) (fig. 1);
Regarding the limitation of “wherein the alternate size indicator comprises at least one star, at least one highlighted drop, or at least one stripe”, such limitation is considered non-functional printed matter that does not distinguish over the prior art (MPEP §2111.05).
Regarding claim 36, Bonilla discloses (fig. 1, 6) a collection of feminine hygiene article packages (abstract), each of the packages comprising a consumer-facing panel (¶ 0038, fig. 6) and further comprising:
A plurality of packages comprising a plurality of feminine hygiene articles (¶ 0037), the plurality of packages comprising a product indicator comprising a primary size indicator (absorbency level designation 134 ¶ 0040), an alternate size indicator (second icon 130, ¶ 0040) and/or a flow rate indicator (first icon 136, e.g., up to 10 hour protection ¶ 0040); and
A product guide (selection guide 10) comprising a first reference condition (daytime use, ¶ 0024) and a second reference condition (nighttime use, ¶ 0025), wherein the product indicator comprises at least one of the primary size indicator, the first alternate size indicator, and the first flow rate indicator (¶ 0040, fig. 6).
Bonilla further discloses that the collection of feminine hygiene article packages can comprise any combination of two or more of the articles within the individual tables or across the individual tables (¶ 0030, tables 1 and 2). Bonilla further discloses that the package can contain a plurality of different articles (¶ 0037).
Thus, Bonilla discloses a first package comprising a first plurality of regular ultrathin articles comprising a first length and a first absorbency and a second plurality of overnight ultrathin articles comprising a second length and a second absorbency (table 1); and a third plurality of regular maxi articles and a fourth plurality of long super maxi articles (table 2);
Wherein the second length (317 mm, table 1) is greater than the first length (240 mm, table 1), the second absorbency (overnight, table 1) is greater than the first absorbency (regular, table 1), and a ratio of the second length to the first length is 1.3 (table, 1, 317mm/240mm=1.3); and
Wherein a ratio of a length of the fourth plurality of feminine hygiene articles to a length of the third plurality of feminine hygiene articles is 1.2 (284mm/240mm=1.2, table 2), wherein a length of the fourth plurality of feminine hygiene articles (284mm, table 2) is greater than the length of the third plurality of feminine hygiene articles (240 mm, table 2).
Bonilla fails to disclose a first group product indicia associating the first product indicator with the second product indicator.
However, as discussed above, the collection can comprise a first package comprising a first plurality of regular long super articles and a second plurality of overnight ultrathin articles (table 1).
Thus, 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 product guide such that it comprises a first group indicia associating the first product indicator with the second product indicator, the first group indicia being ‘ultrathin’, in order to indicate to the user that the articles in the first package are ultrathin.
Bonilla fails to disclose that the first package comprises a first product indicator and a second product indicator; and the second package comprises a third primary size indicator, a third alternate size indicator, and/or a third flow rate indicator and a fourth primary size indicator, a fourth alternate size indicator, and/or a fourth flow rate indicator.
Gilroy teaches (fig. 4) a package comprising a first and second plurality of feminine hygiene articles (402, 404, ¶ 0028) and thus in the same field of endeavor, wherein the first package comprises a first product indicator and a second product indicator in order to provide a signal for the two different pluralities of absorbent articles in a single package (Gilroy, ¶ 0028) (tinted windows 406 408).
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 first and second packages of Bonilla such that they comprise a first product indicator and a second product indicator; and a third primary size indicator, a third alternate size indicator, and/or a third flow rate indicator and a fourth primary size indicator, a fourth alternate size indicator, and/or a fourth flow rate indicator, respectively, as taught by Gilroy, in order to provide a signal for the two different pluralities of absorbent articles in a single package (Gilroy, ¶ 0028).
Accordingly, Bonilla in view of Gilroy disclose wherein the first product indicator is associated with the first reference condition (Bonilla, i.e., daytime use, ¶ 0024) and the second product indicator is associated with the second reference condition (Bonilla, nighttime use, ¶ 0025) (fig. 1);
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Bonilla in view of Gilroy, as applied to claim 1 above, and further in view of Burgdorf et al. (Pub. No.: US 2008/0110782 A1).
Regarding claim 22, Bonilla in view of Gilroy suggest the collection substantially as claimed by Applicant (see rejections above). However, the combination fails to teach wherein at least one of the first reference condition or the second reference condition pertain to menses and wherein at least one of the first reference condition or the second reference condition pertains to urine.
Burgdorf teaches (fig. 2) a collection of feminine hygiene article packages (abstract) and thus in the same field of endeavor, wherein the feminine hygiene articles are configured for absorbing menses or urine (¶ 0018).
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 first reference condition and second reference condition of Bonilla in view of Gilroy such that they pertain to menses and urine, respectively, in order to provide feminine hygiene articles designated for absorbing menses or urine (Burgdorf ¶ 0018).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Bonilla in view of Gilroy, as applied to claim 1 above, and further in view of Bruce et al. (Pub. No.: US 2003/0097109 A1).
Regarding claim 24, Bonilla in view of Gilroy fail to disclose wherein the first reference condition and the second reference condition pertain to different panty styles.
Bruce teaches a collection of feminine hygiene article packages (abstract) and thus in the same field of endeavor, comprising a product guide (fig. 1) comprising a first reference condition (high waist) and a second reference condition (low waist) in order to inform a consumer of a panty style with which said product is to be used (fig. 1, abstract).
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 product guide of Bonilla in view of Gilroy such that the first reference condition and the second reference condition pertain to different panty styles, as taught by Bruce, in order to inform the consumer of a panty style with which said product is to be used (Bruce abstract).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Bonilla in view of Gilroy, as applied to claim 1 above, and further in view of Stellbrink et al. (Pub. No.: US 2006/0167425 A1).
Regarding claim 28, Bonilla in view of Gilroy fail to disclose wherein the first plurality of feminine hygiene articles and the second plurality of feminine hygiene articles comprise different brand names but are made by or on behalf of the same manufacturer.
Stellbrink teaches (fig. 9) a collection of feminine hygiene article packages (abstract) and thus in the same field of endeavor, comprising a first and second article comprising different brand names but are made by or on behalf of the same manufacturer (claim 3, the manufacturer being Procter & Gamble).
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 first and second pluralities of feminine hygiene articles of Bonilla in view of Gilroy such that they comprise different brand names but are made by or on behalf of the same manufacturer, as taught by Stellbrink, in order to provide the customer with different options for brands within the same array.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Bonilla in view of Gilroy, as applied to claim 1 above, and further in view of Noguchi et al. (Pub. No.: US 2013/0098793 A1).
Regarding claim 30, Bonilla in view of Gilroy fail to disclose wherein the first package comprises a first inner package comprising the first plurality of feminine hygiene articles and a second inner package comprising the second plurality of feminine hygiene articles.
Noguchi discloses (fig. 1) a first package (package 1 comprising box body 5) of absorbent articles (abstract) and thus in the same field of endeavor, the first package comprising a first inner package (bag body 4) comprising a first plurality of feminine hygiene articles (individual packaged goods 3, ¶ 0037) and a second inner package comprising a second plurality of feminine hygiene articles (a plurality of bag bodies can be housed in a single box body ¶ 0121).
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 first package of Bonilla in view of Gilroy such that it comprises a first inner package comprising the first plurality of feminine hygiene articles and a second inner package comprising the second plurality of feminine hygiene articles, as taught by Noguchi, in order to allow the individual feminine hygiene articles to be easily removed from the package (Noguchi, ¶ 0020) as well as separate the first and second plurality of feminine hygiene articles such that they do not get mixed up during shipping.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (Pub. No.: US 2017/0057721 A1) discloses a package comprising a first and second plurality of absorbent articles.
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/MEAGAN NGO/Examiner, Art Unit 3781
/SARAH AL HASHIMI/Supervisory Patent Examiner, Art Unit 3781