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 09/09/2025 have been fully considered but they are not persuasive. Claim 1 is amended to recite “the discrete bond units are provided by a first hot melt adhesive and the elastic bonding is provided by a second hot melt adhesive”. Applicant argues in addition, claim 1 recites “a plurality of discrete bond units disposed between the elastic bondings in the transverse direction, each discrete bond unit applied to at least one of the inner sheet and the outer sheet and having a longitudinal dimension of rom about 0.5mm to about 2.0mm. Claim 1 further recites that “the discrete bond units have a longitudinal spacing of at least about 0.2mm with each other”. Applicant argues the cited combination of Ishikawa and Desai is not understood to teach or suggest the elements of amended claim 1.
Applicant arguments are not persuasive. The only amendment for claim 1 is the aforementioned discrete bond units being provided by a first hot melt adhesive and the elastic bonding provided by a second holt melt adhesive. This limitation is met by Ishikawa who teaches the elastic bonding and the discrete patterned bonding 72 are provided by the same hot melt adhesive —the examiner interprets the claims as the same type of hot melt adhesive as broadly as claimed. Ishikawa teaches the elastic elements 19 are bonded by a hot melt adhesive 71 (paragraph 0136) and the discrete bonding patterns 72 (Figure 18; paragraph 0142) join the internal and external sheets 12S, 12H by a hot melt adhesive 72 (paragraphs 0141-0143).
With respect to the longitudinal dimension, this limitation was originally part of claim 1 and addressed in the last office action. Nonetheless, Applicant argues the combination of Ishikawa and Desai in not understood to teach or suggest the elements of claim 1. However, Applicant has not stated how the prior art is deficient.
Claims 4-7 and 12-15, are rejected under USC 103(AIA ) over Ishikawa in view of Desai and further in view of Kaufman. Applicant argues as discussed above, claim 1 is believed patentable over Ishikawa and Desai and Kaufman is not understood to correct the deficiencies of Ishikawa and Desai. Claims 4-7 and 12-15 depend from and include all the limitations of claim 1.
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.
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 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. US Patent Application Publication 2019/0254881 in view of Desai et al. US Patent Application Publication 2017/0319399.
As to claims 1 and 2, Ishikawa teaches a wearable article 100 continuous in a longitudinal direction Y and a transverse direction X comprising (Figure 1): a front elastic belt region F, a back elastic belt region B, a crotch region (Fig. 1), a waist opening WO, and a pair of leg openings LO (Figure 6; paragraph 0120): the crotch region extending longitudinally between the front elastic belt region F and the back elastic belt region B (Figure 1);
wherein each of the front F and back B elastic belt region comprises a laminate 40 comprising an inner sheet 12H, an outer sheet 12S (Figures 5; paragraphs 0122-0123) and a plurality of elastic members 15-17,19 running in the transverse direction (Figures 1, 2, 5, 7-10 (paragraph 0132);
wherein the laminate 12 further comprising an elastic bonding 71/20 which continuously bonds the elastic members 19 (paragraphs 0004-0007) for at least about 10mm in the direction of stretch in a region adjacent the side edges of the front and back elastic belt regions (Figures 1, 2, 8, and 10) — where the elastic members 19 are present on both side edges (Figures 7, 10), and
a plurality of discrete bond units 72 disposed between the elastic bondings 71 in the transverse direction (Figure 7), each discrete bond unit 72 applied to at least one of the inner sheet and the outer sheet with intervals in the transverse direction to intermittently bond the elastic member to at least one of the inner sheet and the outer sheet (Figure 7; paragraphs 0132, 01483).
Ishikawa teaches the discrete bond units 72 have a length and a width (Ishikawa paragraph 0143; Figures 11(a), 11(b), and 12). Ishikawa teaches the bonded portions 70, which includes the discrete bond units 72, have a width 70w of 0.5 to 4 mm (Figure 11(a); paragraph 0147), which has values in the claimed range of 0.5mm to about 2.0 mm for the transverse dimension. Ishikawa does not specifically teach the discrete bond units have a longitudinal dimension of from about 0.5mm to about 2.0mm, however Ishikawa teaches the discrete bond units 72 are longitudinal bonds (Figure 7). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the claimed bond length depending on the desired performance characteristics of the stretch laminate .
Ishikawa teaches the plurality of discrete bond units 72 form a plurality of longitudinal columns (Figures 7 and 10). Ishikawa does not teach wherein at least about 30% of the longitudinal columns have a collective spacing of discrete bond units 72 that are not constant, and the collective spacing of discrete bond units of any adjacent longitudinal columns are different from each other. However, Ishikawa does teach the discrete bond units 72 may be disposed in any range and in any pattern as long as the first sheet layer 12S and the second sheet layer 12H are bonded at portions other than the fixing portion of the elastic member 19 at the end portions of the stretchable regions 22 and 23 (Ishikawa paragraph 0141).
Desai teaches an absorbent article with an elastic belt comprising a laminate 25,26 further comprising an elastic bonding which continuously bonds the elastic members 27 (paragraph 0047) and a plurality of discrete bond units 40 disposed between the elastic bondings in the transverse direction (Desai Figures 3 and 7). Desai further teaches a pattern of discrete bond units 40 where the units form longitudinal columns and 100% of the columns have a collective spacing that are not constant and that are different from each other (Desai Figures 5A, 5C-5I, 6, and 7). Desai teaches the shapes and dimensions of the bonds 40 may be configured for beneficial impact not only on tactile softness, but on formation and size of the ruffles or gathers (paragraph 0051). Desai teaches it has been found that selecting spacing and dimensions of the bonds 40 in a bonded nonwoven layer 25 and/or 26 can work to greatly reduce the size of the ruffles or gathers, and also enhance regularity and consistency of size and shape. Desai teaches this is beneficial to impart a neat, low-bulk, cloth-like appearance to the stretch laminate (paragraph 0051). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the bond patterns of Desai for the discrete bond units of Ishikawa for the benefit that Desai teaches.
Ishikawa teaches there is at least one discrete bond unit 72 disposed in each elastic spacing (Ishikawa Figures 7 and 10);
Ishikawa/Desai teaches the laminate 12 is bonded by heat at the side edges 12A to form side seams (Ishikawa Figure 8; paragraph 0120). Ishikawa does not specifically teach the side seams 12A are heat sealed. However, the method of sealing a perimeter in a panty-type diaper using heat bonded seals is well known in the art. Ishikawa does teach first sheet layer 12S and the second sheet layer 12H can be directly welded by heat sealing (Ishikawa paragraph 0153). Ishikawa/Desai teaches the side seams existing for no more than about 20mm from the side edges — where the side seams are placed at the side edge, thus the distance between the side seam and side edge is O mm; and the remainder of the laminate is substantially free of heat bonds — where Ishikawa teaches the adhesive region comprises a hot melt adhesive 71 and a second hot melt adhesive 72. Figure 10 of Ishikawa shows the adhesives 71, 72 are present throughout the laminate.
Ishikawa/Desai does not teach the specific material properties of the absorbent article listed below:
- Belt Elastic Bonding Percentage of less than about 25%
- Individual Elastic Bonding Percentage of from about 10% to about 75%
- Stretch Circumference Force of no more than about 6.5 N
- Fit Circumference Fore of at least about 3.0 N
- Ratio of Stretch Circumference Force to Fit Circumference Force
However, it is reasonable to expect the invention of Ishikawa/Desai to achieve these material properties if subjected to the same material testing parameters since the article of Ishikawa/Desai is comprised of the same materials and meets the construction limitations as the present invention. It would have been obvious to one having ordinary skill in the art at the time the invention was originally filed to have applied the same testing procedures with the expectation of the same results since the same materials are used in the invention Ishikawa/Desai. Additionally, with respect to the bonding percentage, Ishikawa also teaches intermittent bonding of the elastics (paragraphs 0005-0007, and 0019 and Figures 7 and 10), which provides a value for the bonding percentage. While Ishikawa does not teach the claimed bonding percentage range, Ishikawa teaches the general condition that the elastic bond percentage and the adhesive application area is less than 100% due to the presence of the nonelastic regions. Further, Ishikawa further teaches the elastic members 19 at the end portions of the stretchable regions 22 and 23 is fixed by the first hot melt adhesive 71 and has a harder touch, but the influence is local, and the second hot melt adhesive 72 in the other region do not necessarily function to adhere the elastic members 19 resulting in even lower holding forces that provide the advantage that the main stretchable region becomes further flexible (Ishikawa paragraph 01555). Thus, Ishikawa supports the teaching of the adhesive application areas having a low percentage of bonding to provide flexibility in the stretchable regions. One having ordinary skill in the art before the invention was originally filed would be able to determine the belt elastic bonding percentage and individual elastic bonding percentage for the desired degree of flexibility and constriction in the waist or lower torso regions (paragraphs 0121, 0155). Ishikawa teaches the discrete bond units are provided by a first hot melt adhesive 72 (Ishikawa paragraph 0142) and the elastic elements 19 are bonded using a second hot melt adhesive 71 (Ishikawa paragraph 0136).
As to claim 3, Ishikawa teaches the first hot melt adhesive and the second hot melt adhesive are the same - the examiner interprets the claims as the same type of hot melt adhesive as broadly as claimed. Ishikawa teaches the elastic elements 19 are bonded by a hot melt adhesive 71 (Ishikawa paragraph 0136) and the discrete bonding patterns 72 (Figure 18; paragraph 0142) join the internal and external sheets 12S, 12H by a hot melt adhesive 72 (paragraphs 0141-0143).
As to claim 8, Ishikawa/Desai teach the discrete bond units 40 across the plurality of longitudinal columns are so configured to provide an angled alignment (Desai paragraph 0061), the angled alignment being a linear or a curved continuation of a plurality of discrete bond units across the plurality of longitudinal columns (Desai Figures 5A-5I; paragraph 0047).
As to claim 9, Ishikawa/Desai teach the angled alignment is a linear continuation having an angle of from about 15 degrees to about 75 degrees against the longitudinal axis – where Desai teaches the columns of bond shapes may be angled from 70 to 110 degrees (Desai paragraph 0061).
As to claim 10, Ishikawa/Desai teaches various alignments of the bond areas 40, including angled alignments as shown in Figure 5H (Desai). Desai teaches the columns of bond shapes may be configured to substantially perpendicular to the stretch direction SD or angled from 70 to 110 degrees (Desai paragraph 0061). Desai further teaches the alignments are repeated at a constant pitch in the longitudinal direction to provide a pattern of repeating shapes (Desai paragraph 0053). Desai teaches the bond shape length L may be selected so as to be no less than 33% and more preferably no less than 70% of row repeat interval RI. Desai teaches this feature contributes to orderly and regular formation of gathers with peaks and valleys extending in the longitudinal direction and avoids imparting too much stiffness to the web in the longitudinal direction (Desai paragraph 0053)
Ishikawa/Desai does not teach the claimed rhomboid shapes. However, Desai teaches a variety of shapes are possible for the discrete bonds 40 (Desai Figures 5A-5I; paragraphs 0041, 0046, 0048). It would have been an obvious matter of design choice to provide the article of Desai with a rhomboid shape, since such a modification would have involved a mere change in the shape of the component, which Desai teaches is acceptable. A change in shape is generally recognized as being within the level of ordinary skill in the art. In Re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
As to claim 11, Ishikawa/Desai does not specifically teach the claimed constant pitch. However, Desai teaches the column repeat interval CI, be correlated with the elastic strand spacing ES, such that CI is not greater than 1.5 ES (Desai paragraph 0058). Desai further teaches the CI is no greater than 7.5 mm. Desai teaches a CI of 7.5mm or less provides formation of regular, uniform ruffles or gathers, which imparts a cloth-like appearance (Desai paragraph 0058). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the claimed constant pitch for the benefit of provide a cloth-like appearance as taught by Desai.
Claims 4-7 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. US Patent Application Publication 2019/0254881 in view of Desai et al. US Patent Application Publication 2017/0319399 and further in view of Kaufman et al. WO 2019/125415.
As to claim 4, Ishikawa/Desai teach the present invention substantially as claimed. Ishikawa/Desai do not teach where each of the plurality of longitudinal columns comprises a first spacing and a second spacing wherein the second spacing is greater than the first spacing, wherein a constant number of at least 2 discrete bond units are spaced apart with each other with the first spacing to form a first array, wherein the first array is spaced apart with each other with the second spacing. Kaufman teaches an absorbent article with an elastic laminate belt having elastic lines 24 and discrete bond units 50 (Kaufman Abstract; Figure 4; page 2, lines 8-14; page 3, line 31 through page 4, line 11; page 25, line 32 through page 26, line ). Kaufman teaches the arrangement of the elastic strands and discrete bond units 50 is beneficial in that it provides a pattern where a user can distinguish the waist area from the chassis (page 2, lines 1-3), and the angling of the bonds 50 may be beneficial in order to more effectively form the bonds 50 and/or to provide the chassis and/or waistband regions with desirable stretch properties (page 28, lines 1-6). It would have been obvious to one having ordinary skill in the art to provide Ishikawa/Desai the angled alignment of the discrete bonds for the benefits taught in Kaufman.
Kaufman teaches discrete bond units 50 forming a plurality of longitudinal columns (Kaufman Figure 4) comprising a first spacing 57 and a second spacing 56 wherein the second spacing 56 is greater than the first spacing 57 (Kaufman page 26, lines 19-31);
Wherein a constant number of at least 2 discrete bond units 50 are spaced apart with each with second spacing 56 (Kaufman Figure 4).
As to claim 5, Ishikawa/Desai/Kaufman teach that across the plurality of longitudinal columns, the longitudinal position of the first array alternates in the transverse direction (Figure 4 of Kaufman et al. WO 2019/125415).
As to claims 6 and 7, Ishikawa/Desai/Kaufman teach the present invention substantially as claimed. Ishikawa/Desai/Kaufman do not specifically teach that from about 2 to about 10 discrete bond units form the first array, and the second spacing is from about 3mm to about 15mm. While Kaufman teaches longitudinal and lateral spacing between the angled bond units, Kaufman does not teach the claimed distance of the spacing. However, Kaufman teaches the discrete bonds 50 may be spaced apart in the longitudinal direction by a distance that varies depending on the desired visual sharpness and definiteness of a pattern (Kaufman page 26, line 19 through page 27, line 18). Kaufman further teaches lateral spacing between adjacent bonds within the same row may differ between a row 55 and the lateral spacing between bonds 50 within a given row may vary throughout different lateral regions of a garment in order to impart a desired pattern (or lack thereof) or softness (Kaufman page 27, lines 23-32) One having ordinary skill in the art before the invention was originally filed would be able to determine through routine experimentation the spacing needed to provide a desired pattern and texture.
As to claim 12, Ishikawa/Desai teach the present invention substantially as claimed. Ishikawa/Desai do not teach the claimed pattern comprising a first angled alignment and a second angled alignment, wherein the first angle of the first angled alignment and the second angle of the second angled alignment are in linear symmetry to the longitudinal axis, and wherein the first and second angled alignments are spaced apart with a longitudinal alignment, wherein the collection of the plurality of discrete bond units formed by the first angled alignment, the longitudinal alignment, and the second angled alignment are repeated at a constant pitch in the longitudinal direction. Kaufman teaches an absorbent article with an elastic laminate belt having elastic lines 24 and discrete bond units 50 (Kaufman Abstract; Figure 4; page 2, lines 8-14; page 3, line 31 through page 4, line 11; page 25, line 32 through page 26, line ). Kaufman teaches the arrangement of the elastic strands and discrete bond units 50 is beneficial in that it provides a pattern where a user can distinguish the waist area from the chassis (page 2, lines 1-3), and the angling of the bonds 50 may be beneficial in order to more effectively form the bonds 50 and/or to provide the chassis and/or waistband regions with desirable stretch properties (page 28, lines 1-6). It would have been obvious to one having ordinary skill in the art to provide Ishikawa/Desai the angled alignment of the discrete bonds for the benefits taught in Kaufman.
Kaufman teaches angled alignment of the bonds where a first angled alignment and second angled alignment are in linear symmetry to the longitudinal axis 4 (Kaufman Figure 4). The first and second angled alignments are spaced apart with a longitudinal alignment by area 56 and/or 57 (Kaufman Figure 4; page 25, line 32 through page 27, line 22). Kaufman further teaches the distance of the spacing helps distinguish between visual patterns
Ishikawa/Desai/Kaufman do not provide a pattern of repeating hexagon shapes. However, Desai teaches a variety of shapes are possible for the discrete bonds 40 (Desai Figures 5A-5I; paragraphs 0041, 0046, 0048). Kaufman additionally teach the bonds 50 may have any suitable size or shape (Kaufman page 27, line 5) and teach that bonds 50 can have six sides – a hexagonal shape (page 27, lines 14-18). It would have been an obvious matter of design choice to provide the article of Ishikawa/Desai/Kaufman with a hexagon shape, since such a modification would have involved a mere change in the shape of the component, which Desai and Kaufman teach is acceptable. A change in shape is generally recognized as being within the level of ordinary skill in the art. In Re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
As to claim 13, Ishikawa/Desai/Kaufman do not specifically teach the constant pitch in the longitudinal direction is from about 5mm to about 45mm. However, Kaufman teaches the discrete bonds 50 may be spaced apart in the longitudinal direction by a distance 56 or 57 that varies depending on the desired visual sharpness and definiteness of a pattern (Kaufman page 26, line 19 through page 27, line 18). One having ordinary skill in the art before the invention was originally filed would be able to determine through routine experimentation the pitch needed to provide a distinct pattern.
As to claim 14, Ishikawa/Desai/Kaufman teach the angled alignment is provided in a pattern of repeated zigzag lines extending in the longitudinal direction (Kaufman Figure 2 area 20, and Figure 4).
As to claim 15, Ishikawa/Desai/Kaufman teach the angled alignment is provided in a pattern of sinusoidal curve extending in the longitudinal direction (Kaufman Figure 2 area 18).
Conclusion
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 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