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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 2 January 2026 is acknowledged.
Claims 15-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2 January 2026.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heirman et al. (2022/0233363).
With respect to claim 1, Heirman discloses an arrangement for detecting fluid in a single-use hygiene article, as shown in figure 5, comprising a backsheet film with a conductive print thereon, as disclosed in paragraph [0187].
With respect to claim 14, the conductive print is disposed directly on the backsheet film, as disclosed in paragraph [0184].
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.
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heirman et al. (2022/0233363).
With respect to claim 2, Heirman discloses all aspects of the claimed invention with the exception of the conductive print having an area-specific resistance of less than 10 kΩ. Heirman discloses in paragraph [0134] that the resistance is affected by the amount of conductive material by thickness or weight, and therefore the area-specific resistance is a result-effective variable. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the area-specific resistance of the conductive print of Heirman less than 10 kΩ, since it has been held that where the general conditions of the claimed invention are disclose in art, finding the optimum or workable ranges involves only routine skill. In re Aller, 105 USPQ 233.
With respect to claim 3, Heirman discloses all aspects of the claimed invention with the exception of the surface weight of the conductive print being less than 3 gsm. Heirman discloses in paragraph [0134] that the resistance is affected by the amount of conductive material by thickness or weight, and therefore the weight is a result-effective variable. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the specific weight of the conductive print of Heirman less than 3 gsm, since it has been held that where the general conditions of the claimed invention are disclose in art, finding the optimum or workable ranges involves only routine skill. In re Aller, 105 USPQ 233.
With respect to claim 4, Heirman discloses all aspects of the claimed invention with the exception of the conductive print exhibiting no abrasion by a rub-off test. It is well-known in the art to optimize durability of conductive print so that the ink remains in place and allows for detection of wetness during use of the article. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the conductive print of Heirman to exhibit no abrasion by a rub-off test to achieve the predictable result of durable ink that allows for detection of wetness during use.
With respect to claims 5-6, Heirman further discloses the backsheet film is laminated to a nonwoven ply, as disclosed in paragraph [0066]. Heirman discloses all aspects of the claimed invention with the exception of joining regions configured as a composite material of the nonwoven ply and solidified material of the backsheet film. Using thermal bonding and fusing is well-known in the art to bond a laminate of a nonwoven ply and a film for the backsheet of a hygiene article. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the backsheet laminate of Heirman to have joining regions configured as a composite material of the nonwoven ply and solidified material of the backsheet film to achieve the predictable result of securely bonding the nonwoven and film layers of the laminate.
With respect to claim 7, Heirman further discloses a nonwoven ply between the absorbent core and the backsheet film, as disclosed in paragraph [0162]. The conductive print 101 is positioned on the inner surface of the backsheet film 1, as shown in figure 2B, and therefore is disposed between the nonwoven ply and the backsheet film.
Claim(s) 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heirman et al. (2022/0233363) in view of Bianchi (11,224,547).
With respect to claim 8, Heirman discloses all aspects of the claimed invention with the exception of the backsheet film having a WVTR of less than 500 g/m2 in 24 h and a surface weight of the backsheet film being less than 10 gsm. Bianchi teaches that a backsheet film below 20 gsm saves material cost, as disclosed in column 16, lines 41-43, and further teaches a WVTR of 300 g/m2 in 24 h. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the backsheet film of Heirman with a WVTR of 300 g/m2 in 24 h and a surface weight of less than 10 gsm, as taught by Bianchi, to reduce material costs.
With respect to claim 9, modified Heirman discloses all aspects of the claimed invention with the exception of the specific dart drop of the arrangement is more than 6 g/g or polymer/m2 or a specific water column of the arrangement is more than 270 mm/g of polymer/m2. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the specific dart drop of the arrangement more than 6 g/g or polymer/m2 to achieve the predictable result of backsheet film with a suitably resistant to impact.
With respect to claim 10, modified Heirman discloses all aspects of the claimed invention with the exception of the arrangement having a force of at least 0.3 N/in/g of polymer/m2. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the arrangement of Heirman with a force of at least 0.3 N/in/g of polymer/m2 to achieve the predictable result of a film that is strong enough to withstand the strain of movement of the wearer.
With respect to claim 11, Heirman discloses all aspects of the claimed invention with the exception of the backsheet film having a WVTR of more than 500 g/m2 in 24 h and a surface weight of the backsheet film being less than 20 gsm. Bianchi teaches that a backsheet film below 20 gsm saves material cost, as disclosed in column 16, lines 41-43, and further teaches a WVTR of at least 300 g/m2 in 24 h, which encompasses the range of 500 g/m2 in 24 h and therefore creates a prima facie case of obviousness with the claimed range. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the backsheet film of Heirman with a WVTR of more than 500 g/m2 in 24 h and a surface weight of less than 20 gsm, as taught by Bianchi, to reduce material costs.
With respect to claim 12, modified Heirman discloses all aspects of the claimed invention with the exception of the specific dart drop of the arrangement is more than 26 g/g or polymer/m2 or a specific water column of the arrangement is more than 270 mm/g of polymer/m2. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the specific dart drop of the arrangement more than 26 g/g or polymer/m2 to achieve the predictable result of backsheet film with a suitably resistant to impact.
With respect to claim 13, modified Heirman discloses all aspects of the claimed invention with the exception of the arrangement having a force of at least 0.5 N/in/g of polymer/m2. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the arrangement of Heirman with a force of at least 0.5 N/in/g of polymer/m2 to achieve the predictable result of a film that is strong enough to withstand the strain of movement of the wearer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents and Publications 9,895,273; 10,159,607; 11,938,005; 12,201,450; and 2023/0143877 disclose backsheet films for hygiene articles having conductive print thereon.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781