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 .
Response to Arguments
Applicant's arguments filed 11/20/2025 have been fully considered but they are not persuasive. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, motivation to combine the references is found in the references themselves. The examiner has relied on Ryu for a teaching of embossed regions in addition to the channels in the absorbent core. While Weber teaches channels for advantages of directing fluid in the absorbent core, Ryu teaches additional benefits of embossing regions and channels to reduce the overall weight and density of the absorbent core in the region in which they are located, thus increasing flexibility of the core as a whole; which allows the article to take on a more pronounced convex shape; and to provide expansion room for the absorbent core to expand as it absorbs body exudates while reducing the lateral stresses on the absorbent core due to the expansion of the core material as a result of being wetted.
Applicant argues Ryu is not alleged by the Officer to disclose Applicant’s specific embossing regions that extend at least partially longitudinally along the absorbent core as in claims 1 and 18. Applicant argues Ryu fails to disclose any embossing ‘species’, let alone species possessing a recognizable class of embossing patterns with common properties. The examiner respectfully, disagrees. Firstly, the embossed regions disclosed in claim 1 are broad, and the structure or species provided is “ extend at least partially longitudinally along the absorbent core”. Any embossed region having a length longer than the width would extend at least partially longitudinally and thus, meet the embossed region species as broadly as claimed. Secondly, while Ryu teaches the length, width, depth, and shape of such embossments can vary, Ryu also teaches a length of about 50 mm to about 300 mm and a width range from about 2mm and about 7mm (page 26, lines 27-33). Therefore, Ryu meets the claim limitation of “embossing regions that extend at least partially longitudinally along the absorbent core”.
Amendments to claims 3 and 10-12 obviate the rejection under 35 USC 112(b) or 35 USC 112 (pre-AIA ).
Amendment to claim 14 obviates the rejection under 35 USC 101 and section 33(a) of the America Invents Act.
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.
Claims 1-3 and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Weber EP 3527184 over Ryu et al. WO 2017/07442.
As to claim 1, Weber teaches an absorbent article 20 comprising:
a chassis 12/36 having opposing front 22 and rear 24 waist portions and a crotch portion 26 extending longitudinally between the front 22 and rear 24 waist portions (Figures 5-8; paragraphs 0216, 0233),
where the crotch portion 26 is configured to conform about at least one of a wearer’s groin area, perineum, and rear when the chassis is configured in a wearable configuration (Figures 5, 6, 9, and 10; paragraphs 0234),
where, when in the wearable configuration, the front 22 and rear 24 waist portions cooperate to encircle and define a waist opening (Figures 5 and 6; paragraphs 0218, 0235),
a left side of the chassis defines a first leg opening, and a right side of the chassis defines a second leg opening (paragraphs 0218, 0235); and
an absorbent core 42/101, 501,601 extending longitudinally along the crotch portion (Figures 1-4, 7, 11, 12),
the absorbent core 42/101 comprising a channel 106 having one or more pathways extending longitudinally along the absorbent core 42 (Figures 7, 8, 11, and 12; paragraphs 0105, ),
the channel 106 substantially free of absorbent material (Figures 20A, 20B; paragraphs 0134, 0173);
where the absorbent core comprises an assembly disposed between a top core cover 505, ,605, (Figures 20A, 20B; paragraph 0134) and a bottom core cover 506,606 (Figures 20A, 20B; paragraph 0134; paragraph 0149); and
where the absorbent core assembly 42,101,501,601 is disposed between a topsheet 40 and a backsheet 38 (Figures 5-8; paragraph 0222).
Weber teaches the present invention substantially as claimed. Weber does not specifically teach the absorbent core further comprises embossing regions that extend at least partially longitudinally along the absorbent core. Ryu teaches an absorbent article with channels creating openings or voids in the core (Ryu Figure 1A; page 26, lines 22-25). Ryu teaches in addition to the channels already present in the absorbent core, the core may include embossments (page 26, lines 27-29). Ryu teaches the length, width, depth, and shape of such embossments can vary. Nonetheless, the dimensions cited by Ryu indicate the embossments at least partially extend in the longitudinal direction (Ry page 26, lines 29-33). Ryu further teaches the reduced thickness areas due to removal and/or compression of material can vary in size (page 26, lines 25-33). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Weber with the embossments taught in Ryu for the benefits of reducing the overall weight and density of the core thus increasing the flexibility of the core and absorbent article as a whole and to provide expansion room for the absorbent core to expand as it absorbs body exudates while reducing the lateral stresses on the core during expansion from wetting (Ryu page 26, lines 10-16). Ryu further describes a method of forming such an absorbent core with reduced thickness where the plurality of reduced thickness areas are arranged at various positions on the article (Ryu page 26, lines 22-33; page 37, lines 30-33; page 39, lines 8-10 and 21-27)
As to claim 2, the channel comprises a single channel 106 (Figures 1-3, 7, 8, 11-13, 17A-17D, and 18A; paragraphs 0131, 0144).
As to claim 3, the single channel 106 comprises a single pathway extending longitudinally along the absorbent core – where a single pathway is interpreted as any pathway provided by the single channel (Figures 7, 8, and 11-13).
As to claim 10, the single channel 106 comprises a first pathway 107 extending in a first direction, a second pathway 108 extending at least partially in a second direction that is opposite to the first direction, and a third pathway 109 extending at least partially in the second direction – where Weber teaches two channel portions 107, 108 extending along the length are in fluid communication via a connecting channel 109 positioned proximal to the back portion 124 (Figure 1; paragraph 0130). Weber teaches this arrangement provides efficient fluid distribution and absorption within the core, with the channel shape providing immediate fluid re-distribution along the core length and width especially from the front to the back of the article (paragraph 0103). The shape optimizes the fluid distribution properties of the core (paragraph 0131), whereby the fluid may enter and flow in one longitudinal direction at 107, flow laterally at the bend 109 and flow in the opposite longitudinal direction at 108 (paragraph 0168).
As to claim 11, where the single channel 106 comprises a first pathway 107 (Figure 1) as described in claim 10 above, a second pathway 108 (Figure 1), a third pathway 109 (Figure 1), and a fourth pathway 110, 111 (Figure 1) where the first pathway 107 and the second pathway 108 extend at least partially in a first direction, along a length (paragraphs 0130 and 0131), and where the third pathway 109 and the fourth pathway 110,111 extend at least partially in a second direction that is opposite to the first direction – where the u-shaped bend and the ends of the channel extend at least partially in a lateral direction (Figure1; paragraphs 0130-0133, 0168-0169).
As to claim 12, the single channel 106 comprises a first elliptical pathway that extends in a first direction (Figure 3) and a second elliptical pathway that extends in a second direction that is opposite to the first direction (Figure 7).
As to claim 13, Weber teaches a wetness indicator coupled to the backsheet, the wetness indicator corresponding to at least a portion of the channel (paragraphs 0142, 0185-0186).
As to claim 14, at least a portion of the channel is disposed adjacent to the wearer’s groin area – where the channel 106 extends through the crotch region 26 as seen in Figures 7, 8, 11, and 12.
As to claim 15, the top core cover 505 is coupled to the bottom core cover 506 at the channel 106 (Figure 20A; paragraph 0149).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Weber EP 3527184 over Roe et al. US Patent Application Publication 2015/0065981.
As to claim 16, Weber teaches the present invention substantially as claimed. Weber teaches an acquisition-distribution layer (ADL), the ADL positioned above the absorbent core assembly and below the topsheet (paragraphs 0038, 0189,0246). Weber does not specifically teach an additional dryness layer positioned in conjunction with the ADL. Roe teaches an absorbent article with channels having a liquid management system (LMS) (Roe Abstract). The LMS of Roe includes an acquisition and a distribution layer. The acquisition layer 52 functions to quickly acquire liquids and distribute them to the absorbent core in an efficient manner (Roe paragraph 0005). Roe teaches the distribution layer 54 functions to provide higher resilience and therefore higher resistance to the absorbent layer against compression in packaging or in use. Roe teaches this provides the benefit of a higher void volume, permeability, and liquid absorption, and hence reduced leakage and improved dryness (Roe paragraph 0104). It would have been obvious to one having ordinary skill in the art to provide an acquisition and additional dryness layer/distribution layer for the benefits taught in Roe.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Weber EP 3527184.
As to claim 17, the article further comprising a containment layer in the form of containment flaps 100, 102 which Weber teaches are positioned at the side edges of the absorbent chassis 36 or integral with the backsheet 38 (paragraphs 0229-0230) in order to effectively provide a barrier to the lateral flow of body exudates (paragraph 0228). While Weber does not specifically the containment flaps are between the absorbent core assembly and above the backsheet, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to position the containment flaps as claimed since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Allowable Subject Matter
Claims 18-20 are allowed.
Claims 5-9 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is Weber EP 3527184, Ryu et al. WO 2017/07442, and Roe US Patent Application Publication 2015/0065981. Applicant arguments and amendments filed 11/20/2025 are sufficient to overcome the previously cited prior art. Specifically the prior art fails to reasonably teach or suggest, in conjunction with the features of the claim, the embossed regions present on the absorbent core where the channel is disposed laterally between the embossing regions. Weber/Ryu teach channels in combination with embossing regions. While Ryu teaches the length, width, depth, and shape of the embossment can vary, Ryu does not specifically teach the placement of the embossing regions with respect to the channels.
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.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781