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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/20/2026 has been entered.
Status of Claims
Claims 1, 4-5, and 11-12 are currently pending. Claims 2-3 and 6-10 are cancelled. Claims 1 and 12 are currently amended. No new subject matter is added.
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, 4-5, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuoka (JP 2019063006 A, as mapped in translated copy attached) in view of Wang et al.(WO 2014138274 A1), hereinafter referred to as “Wang” in view of Nagahashi (JP 2020049018 A, as mapped in translated copy attached), and in further view of Gross et al. (US 20160278986 A1), hereinafter referred to as “Gross”.
Regarding Claim 1, Matsuoka teaches a pad-type disposable diaper (diaper 20, see Abstract; Figures 8-11) having a crotch section including a middle of the diaper in a front-back direction (see below), a front section extending forward of the crotch section (see below), and a back section extending backward of the crotch section (see below),
the diaper having a first fixing zone located in the crotch section (see below), and second fixing zones located forward of and backward of the first fixing zone (see below),
the diaper comprising:
an absorber (23) extending over the front section, the crotch section, and the back section (see below),
front and back end flaps exclusive of the absorber (the extension region X can have the additional sheet 10 laminated and added to the base of the diaper, see Figures 9-10) and extending forwardly and backwardly beyond a front end and a back end of the absorber (extends forwardly and backwardly beyond the front and back end of absorber 23, see Figure 9),
side flaps exclusive of the absorber (a side flap portion SF in which the absorber 23 does not exist, see Figure 1) and extending laterally outwards beyond opposed side edges of a region containing the absorber without being folded back (side flaps SF extend laterally from the absorber 23 without any folding, see Figure 1), and
a pressure-sensitive adhesive layer (pressure sensitive adhesive 30) provided on under faces of the first fixing zone and the second fixing zones (see Figures 2-3),
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wherein the diaper is to be fixed to underwear (outer 100) with at least one of the front and back end flaps thereof sticking out of an edge of a waist opening of the underwear (the length in the front-rear direction of the outer-interior-disposed type disposable diaper 20 passes the crotch from the front body end 100f, see Figure 10; see pg. 4 paragraphs 4-6),
However, Matsuoka does not explicitly disclose front and back end flaps extending forwardly and backwardly beyond a front end and a back end of the absorber without being folded back.
Wang teaches pants that include reusable outer covers and disposable absorbent inserts (see Abstract; Figures 3-4), wherein the pants include an insert (50) having front and back end flaps exclusive of the absorber (end support stiffener 60 and/or 62 may be included at one or both ends of the insert 50, see Figure 3; pg. 53 paragraph 2) and extending forwardly and backwardly beyond a front end and a back end of the absorber without being folded back (end support stiffener 60 may be affixed to, or incorporated within, the insert 50 proximate one ends thereof as suggested by Figs. 3 and 4. In addition to increasing the tendency of the insert 50 to maintain optimal shape while in use, such an end support stiffener may increase the tendency of the associated end of the insert 50 to stay open and flat before the insert 50 is installed in an outer cover 20, see pg. 53 paragraph 3).
Matsuoka and Wang are analogous art because both teach an absorbent insert configured to be inserted to an outer cover.
Matsuoka teaches that it may be desirable to include one stiffening components proximate one ends of the insert 50 or through the length of an insert. For example, in some circumstances it may be desirable for an insert to be resistive to excessive bending, bunching or buckling about the insert lateral or longitudinal axis. In other circumstances it may be desirable for insert corners or insert ends to be resistive to sagging or buckling (see pg. 52 last paragraph, pg. 53 first paragraph). Accordingly, It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the front flap of Matsuoka and further include wherein one of the front end flap is stiff and do not fold back, as taught by Matsuoka.
Matsuoka and Wang teach all of the limitations as discussed above. However, Matsuoka and Wang do not explicitly disclose wherein the at least one of the front and back end flaps of the diaper is provided with a pair of right and left marks indicative of positions in the front-back direction so as to be visually observable from an underside of the diaper in the at least one of the front and back end flaps, wherein the pair of right and left marks are spaced apart from each other in a width direction and are arranged in symmetry with respect to a center line passing a center of the width of the diaper, and are further spaced only inwardly from the opposed side edges of the region containing the absorber in the width direction.
Nagahashi teaches a pad-type disposable diaper (200, see Abstract; Figures 1-10) comprising at least one of the front and back end flaps of the diaper (end flap portions EF, see Figure 7), wherein the at least one of the front and back end flaps of the diaper is provided with a pair of right and left marks indicative of positions in the front-back direction (vertical reference lines 42 extending linearly in the front-rear direction LD adjacent to the inside of the width direction WD, see pg. 6 paragraph 3) so as to be visually observable from an underside of the diaper in the at least one of the front and back end flaps (the vertical reference line 42 can be formed on the same member as the mark 40 for confirming the attachment position by the same means, see pg. 6 paragraph 3; mark 40 may be provided on any existing member as long as it is visible from the back side of the pad-type disposable diaper 200 or seen through the exterior sheet 25 and visually recognized, see pg. 5 paragraph 4), and wherein the pair of right and left marks are spaced apart from each other in a width direction (see Figure 7) and are arranged in symmetry with respect to a center line passing a center of the width of the diaper (see Figure 7), and are further spaced only inwardly from the opposed side edges of the region containing the absorber in the width direction (vertical reference lines 42 are spaced inwardly from the side edges of absorber 23, see Figure 7).
Matsuoka, Wang, and Nagahashi are analogous art because all teach an absorbent insert configured to be inserted to an outer cover.
Nagahashi teaches since the vertical reference line 42 and the side edge of the pressure-sensitive adhesive layer 30 have such a positional relationship, the pad-type disposable diaper 200 can be easily adjusted while adjusting the direction of the pad-type disposable diaper 200 based on the vertical reference line 42, see pg. 6 paragraph 4). Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the front and back end flap and further include a pair of right and left marks, as taught by Nagahashi.
Modified Matsuoka teaches all of the limitations as discussed above. However, Modified Matsuoka does not explicitly disclose wherein each of the pair of right and left marks comprises scale marks provided in each of a pair of right and left longitudinal guide marks and arranged at regular intervals in the front-back direction in the at least one of the front and back end flaps.
Gross (US 20160278986 A1) teaches a pad-type disposable diaper (pad 8400, see Abstract; Figure 75) comprising a pair of right and left marks (pad 8400 comprises printing on both left and right sides), wherein each of the pair of right and left marks comprises scale marks provided in each of a pair of right and left longitudinal guide marks and arranged at regular intervals in the front-back direction in the at least one of the front and back end flaps (a first end portion 8451, printing may comprise, for example, a sun and cloud combination. An intermediate portion 8455, may comprise, for example, rain drops. And, a second end portion 8453 may comprise a rainbow, see Paragraph [0424]).
Matsuoka, Wang, Nagahashi, and Gross are analogous art because all teach an absorbent article.
Gross teaches any disposable absorbent articles currently on the market include printing, graphics or other indicia which can provide assistance to a user in donning the article, e.g. indication of front versus rear of the article (see Paragraph [0002]). Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the pair of right and left marks of Modified Matsuoka and further include scale marks provided in each of a pair of right and left longitudinal guide marks and arranged at regular intervals in the front-back direction in the at least one of the front and back end flaps, as taught by Gross.
Regarding Claim 4, Modified Matsuoka teaches all of the limitations of claim 1 and Matsuoka further teaches wherein the at least one of the front and back end portions has on an under face thereof a pressure-sensitive adhesive layer (front and back portion can have pressure-sensitive adhesive layer 13, see Figures 13-14).
Regarding Claim 5, Modified Matsuoka teaches all of the limitations of claim 1 and Matsuoka further teaches a plurality of easy-fold lines (perforations 11) arranged at intervals in the front- back direction and each extending in the width direction (see Figure 9), for having the at least one of the front and back end portions folded back toward the underside (the extension area X can be folded back at one end, see Figure 10).
Regarding Claim 11, Modified Matsuoka teaches all of the limitations of claim 4 and Matsuoka further teaches a plurality of easy-fold lines (perforations 11) arranged at intervals in the front- back direction and each extending in the width direction (see Figure 9), for having the at least one of the front and back end portions folded back toward the underside (the extension area X can be folded back at one end, see Figure 10).
Regarding Claim 12, Modified Matsuoka teaches the pad-type disposable diaper according to claim 1, and Matsuoka further comprising a top sheet (22) covering a top side of the absorber (see Figure 4), a liquid-impervious sheet (liquid impermeable sheet 21) provided on an underside of the absorber (see Figure 4), and an exterior sheet (25) covering an underside of the liquid-impervious sheet (see Figure 4),
wherein the top sheet, the liquid-impervious sheet and the exterior sheet have a portion extending forward and backward of the absorber (each sheet extending forward and backward from the absorber, see Figure 4),
wherein the front and back end flaps are made up of the portions extending forward and backward of the absorber in the liquid-impervious sheet, the exterior sheet, and the top sheet (),
wherein the absorber has a narrowed portion in the crotch section (absorber 23 is narrowed in the crotch section, see Figure 2), with a width narrower than that of the portions forward and backward thereof (see Figure 2).
Nagahashi further teaches wherein the pair of right and left longitudinal guide marks (vertical reference line 42 extending through the absorber 23, see Figure 7) continue in a straight line and tape form along the front-back direction (see Figure 7),
wherein the pair of right and left longitudinal guide marks continue over the entire length of the pad-type disposable diaper (vertical lines 42 extend through the entire length of the diaper 200, see Figure 7) and overlap the absorber all along the width direction in portions overlapping forward and backward of the narrowed portion in the absorber (see Figure 7),
wherein the pair of right and left marks and the pair of right and left longitudinal guide marks are printed on the liquid-impervious sheet, the exterior sheet or a printed sheet interposed between the liquid-impervious sheet and the exterior sheet (the mark 40 may be provided on any existing member, including the liquid-impervious sheet, the exterior sheet or a printed sheet, as long as it is visible from the back side of the pad-type disposable diaper 200, see pg. 5 paragraph 4; the vertical reference line 42 can be formed on the same member as the mark 40 for confirming the attachment position by the same means, see pg. 6 paragraph 3).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Carlucci et al. (US 6436080 B1) teaches a pad-type disposable diaper (see Abstract) having a crotch section including a middle of the diaper in a front-back direction (see Figure 1), wherein the at least one of the front and back end flaps of the diaper is provided with a pair of right and left marks indicative of positions in the front-back direction so as to be visually observable from an underside of the diaper in the at least one of the front and back end flaps (nonwoven outer layer 70 comprises two strips 74, 76, see Figure 1), and wherein the pair of right and left marks are spaced apart from each other in a width direction and are arranged in symmetry with respect to a center line passing a center of the width of the diaper (see Figure 1), and are further spaced only inwardly from the opposed side edges of the region containing the absorber in the width direction (see Figure 1), and wherein each of the pair of right and left marks comprises scale marks provided in each of a pair of right and left longitudinal guide marks and arranged at regular intervals in the front-back direction in the at least one of the front and back end flaps (heat bonds 78. The heat bonds 78 provide an embossed seal pattern that can also convey an aesthetic effect in its pattern design such as a flower, a leaf, and so on, see Figure 1).
However, Carlucci et al. fails to teach front and back end flaps exclusive of the absorber and extending forwardly and backwardly beyond a front end and a back end of the absorber without being folded back, side flaps exclusive of the absorber and extending laterally outwards beyond opposed side edges of a region containing the absorber without being folded back, and a pressure-sensitive adhesive layer provided on under faces of the first fixing zone and the second fixing zones, wherein the diaper is to be fixed to underwear with at least one of the front and back end flaps thereof sticking out of an edge of a waist opening of the underwear.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC RASSAVONG whose telephone number is (408)918-7549. The examiner can normally be reached Monday - Friday 9:00am-5:30pm PT.
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/ERIC RASSAVONG/ (4/23/2026)Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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