DETAILED ACTION
Response to Amendment
Applicant's amendment filed July 10th, 2025 has been entered. Claim 6 has been amended.
The Section 112, 2nd paragraph rejections made in the Office action mailed March 11th, 2025 have been withdrawn due to Applicant’s amendment.
The Section 102/103 rejections over Cho (as the primary reference) made in the Office action mailed March 11th, 2025 have been withdrawn due to Applicant’s amendment.
The Section 103 rejections over Wise in view of Takesue made in the Office action mailed March 11th, 2025 have been maintained due to Applicant’s arguments being unpersuasive.
Response to Arguments
Applicant's arguments filed July 10th, 2025 have been fully considered but they are not persuasive.
Regarding Wise, Applicant argues that Wise suffers from the same deficiencies as Cho in that the folding structure is not disclosed by Takesue.
Takesue demonstrates a concept, which is flap formation via cut-out, which saves on material costs [0047, 0051], wherein flap formation can be done by single flap cut-out and folding one or more times (Figs. 14a, d, and g) or cutting-out and folding two flaps (Figs. 14b, e, and h). Takesue is used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely, how to create flaps without adding more material so that one can save on material costs and in combination with the primary reference, discloses the presently claimed invention.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-4, 8-10, & 13 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Wise et al. (U.S. Patent No. 6,595,972 B1) (hereinafter “Wise”) or, in the alternative, claims 1, 3-10, & 13 are rejected under 35 U.S.C. 103 as obvious over Wise in view of Takesue et al. (JP 2006-288550 A) (hereinafter “Takesue”).
Regarding claims 1, 3-4, and 8-10, Wise teaches an absorbent article comprising an anterior/posterior regions (All Figs. [36/38]) separated by a central region (All Figs. [37]) disposed along a longitudinal direction being perpendicular to a transverse direction having a (second) topsheet layer(All Figs. [24]) and impermeable backsheet layer (All Figs. [26]) sandwiching an absorbent core (All Figs. [38]), wherein in fluid communication with the underside of a topsheet layer and separated from the absorbent core layer by any underlying layers such as acquisition layers and corresponding to the anus (closer to the posterior region) (col. 5, lines 32-54) is a spacer (exudate management layer) (All Figs. [60]) comprising a foam and/or a nonwoven (col. 7, lines 14-33) having a body (first component) (All Figs. [62]) defining an opening (All Figs. [70]) therein and comprising an integrally connected (primary fold line) flap-like alignment guide (All Figs. [90]) that may be at least partially overlapping/underlapping the body (col. 8, lines 2-30), wherein the absorbent core may include as set forth in U.S. Patent No. 3,860,003 incorporated by reference a cellulose wadding (col. 4, lines 35-55) and elasticized containment side flaps (col. 3, lines 49 – col. 4, line 2).
Further regarding claim 1 and regarding claims 5-7, in the event that an integral connection is not considered a primary fold line and in regard to an additional fold line located on the alignment guide or being the primary fold line connecting a third component to the body not being taught.
Takesue teaches a cushion member comprising foam and/or nonwoven fabric [0015, 0028-0029], wherein cushion member/sheet comprises an opening and anterior/posterior extending portions extending from fold lines extending from the opening integrally (Figs. 10-11) or separately/indirectly (Fig. 12) or may extend as folded flap(s) extending from the opening and optionally overlapping or underlapping the article (additional fold line) (Figs. 13-14) [0048, 0052-0053], forming the main portion and the flap portion simultaneously is preferred because it is not necessary to produce separate materials thereby reducing costs [0047, 0051].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the alignment guide as connected to the spacer body via a fold line, wherein the alignment guide could be further folded or comprising two oppositely directed elements. One of ordinary skill in the art would have been motivated to reduce manufacturing/material costs in part due to separate materials not being needed.
Regarding claim 13, nonwovens/open cell foams inherently comprise pores (openings).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wise, optionally in view of Takesue, as applied to claim 1 above, in view of Kirby et al. (U.S. Pub. No. 2014/0121623 A1) (hereinafter “Kirby”).
Regarding claim 11, the topsheet being a fluid entangled laminate web comprising projections as claimed is not taught.
Kirby teaches a fluid-entangled body facing material comprising a support layer and a projection layer comprising a plurality of hollow projections extending from the projection layer in a direction away from the support layer [claim 1, 0007, 0136-0143, 0149-0150].
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a cover sheet being a fluid entangled laminate web comprising projections as claimed. One of ordinary skill in the art would have been motivated to provide a spacing from the exudates/adhesives and improved handling of body exudates [0001-0006].
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wise, optionally in view of Takesue, as applied to claim 1 above, in view of Baker et al. (U.S. Pub. No. 2012/0232514 A1) (hereinafter “Baker”).
Regarding claim 12, the projections on the absorbent layer are not taught.
Baker teaches an absorbent structure comprising a three-dimensional topography comprising valleys/land areas and peaks/projections.
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the absorbent body comprising projections as claimed. One of ordinary skill in the art would have been motivated to improve intake performance and rewet performance [0007].
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Wise, optionally in view of Wise, as applied to claim 1 above, (further) in view of Samuelsson et al. (U.S. Pub. No. 2005/0113777 A1) (hereinafter “Samuelsson”) and Nakatani (WO 00/40110 A1) (hereinafter “Nakatani”).
Regarding claims 12-13, Takesue does not teach the flap comprising a hole and the absorbent body comprising projections.
Samuelsson teaches that the second component/folded flap is secured to the rest of the absorption sheet by any method such as mechanical securing elements, such as Velcro [0032], but does not teach the absorbent article comprising projections and the second component/folded flap comprising holes.
AND
Nakatani teaches a planar mechanical fastening device comprising a male projection and the other having a hole that may be a female through hole or a blind hole that is improved over Velcro as it is does not increase the thickness of the connection (last pg.) and has an improved resistance to both tensile force and shearing force (pg. 2).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide a mechanical fastening system for connecting the folded flap to the absorbent portion via a male projection on of the two parts and a female hole receptacle on the other. One of ordinary skill in the art would have been motivated to provide an improvement over Velcro providing a flat connection that improves resistance to both tensile and shearing forces.
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 JEFFREY A VONCH whose telephone number is (571)270-1134. The Examiner can normally be reached M-F 9:30-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Frank J Vineis can be reached at (571)270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY A VONCH/Primary Examiner, Art Unit 1781 October 2nd, 2025