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 .
Status of Claims
Claims 16-22 are canceled. Claims 1-15 are currently pending.
Response to Arguments
Applicant's arguments filed 11/20/2025 have been fully considered but they are not persuasive. Applicant argues the Office Action has not shown that McCormick either expressly or inherently describes the first and second zones of adhesive adjacent the inboard lateral edge, as recited in claim 1. The examiner respectfully disagrees. McCormick in paragraph 0077, previously cited by the examiner, teaches adhesive 170 may define various sizes and shapes relative to the waist gasketing element 158. For example as shown in Fig. 1B, the adhesive zone 171 may extend in the cross direction CD for less than the entire width W of the waist gasketing element 158. In some configurations, the adhesive zone 171 may be positioned only on a central region 190 … In another embodiment, the adhesive zone 171 may extend in the machine direction for the entire length L (Fig. 1B) of the waist gasketing element 158 such that the adhesive is coterminous with the proximal edge 174 and the distal end edge 176 (para. 0077) – in which case the longitudinally extending adhesive zones coterminous with the proximal edge, would correspond to the claimed first and second adhesive zones. McCormick teaches at least a portion of the waist gasketing element 158 may be attached to the chassis 102 with an adhesive 170 (para. 0077), which meets the limitation of bonding the first waist panel with at least one of the chassis and the first leg gasketing element. Applicant’s arguments are not persuasive and the rejection of the remaining claims 1-15 is maintained.
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.
Claims 1-4, 7, and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCormick et al. US Patent Application Publication 2020/0375816.
As to claim 1, McCormick teaches an absorbent article 100/200 comprising:
a front waist region 116,
a back waist region 118, and
a crotch region 119 disposed between the front and back waist regions (Figure 1A; paragraph 0056);
a chassis 102/202 comprising
a topsheet 138/238,
a backsheet 136/236, and
an absorbent core 142/240 positioned between the topsheet and the backsheet (Figure 1B and 2; paragraphs 0057 and 0083-0084);
a first leg gasketing element 156 and a second leg gasketing element 156 connected with the chassis and extending from the front waist region 116 to the back waist region 118 (Figure 1A; paragraphs 0072, 0074);
a first waist panel 158/258 positioned in the front waist region 116 or the back waist region 118, the first waist panel 158/258 comprising an inboard lateral edge 174/274, an outboard lateral edge 176/276 (Figures 1B, 2; paragraph 0075), a first longitudinal edge 178, and a second longitudinal edge 180 (Figure 1B; paragraph 0075),
wherein the first waist panel 158 further comprises a first lateral end region 173 adjacent the first longitudinal edge 178 and a second lateral end region 175 adjacent the second longitudinal edge 180 (Figure 1B; paragraph 0171),
wherein the first and second lateral end regions 173, 175 are separated by a central region 190 (Figure 1B; paragraph 0077);
a first zone of mechanical bonds 172/272 in the first lateral end region 173, the first zone of mechanical bonds bonding the first waist panel 158 with at least one of the chassis 102 and the first leg gasketing element 156 (Figure 1B; paragraph 0077);
a second zone of mechanical bonds 172/272 in the second lateral end region 175, the second zone of mechanical bonds 172 bonding the first waist panel 158 with at least one of the chassis 102 and the second leg gasketing element 156 (Figures 1B, 2; paragraphs 0077, 0085);
As to first and second adhesive zones in the first and second lateral end regions, McCormick teaches the adhesive zone 171 may define various sizes and shapes relative to the waist gasketing element 158. For example, as shown in Figure 1B, the adhesive zone 171 may extend in the cross direction CD for less than the entire width W of the waist gasketing element 158. McCormick teaches in some configurations, the adhesive zones may extend laterally outward from first and second adhesive free zones 173, 175 to or adjacent to the first side edge 178 and the second side edge 180 (paragraph 0077). McCormick further teaches in another embodiment, the adhesive zone 171 may extend in the machine direction for the entire length L (Fig. 1B) of the waist gasketing element 158 such that the adhesive is coterminous with the proximal edge 174 and the distal end edge 176 (para. 0077) – in which case the longitudinally extending adhesive zones coterminous with the proximal edge, would correspond to the claimed first and second adhesive zones.
McCormick teaches the first waist panel 158 is unattached to the chassis between the first and second lateral end regions – where McCormick teaches an adhesive-free zone that may extend longitudinally from the proximal end edge 174 of the waist gasketing element 158 towards the adhesive zone 171 and extends laterally in the CD for less than the entire width W, therefore forming a pocket between the waist gasketing element 158 and the chassis 102. Thus, the waist panel 158 is unattached to the chassis between the first 173 and second 175 lateral end regions.
As to claim 2, McCormick a third zone of adhesive H1 adjacent the outboard lateral edge 276 and extending laterally through the central region (Figure 2), the third zone of adhesive connecting the first waist panel 258 with the chassis 202 (paragraph 0086); and
wherein the first waist panel 258 is unattached to the chassis between the first and second lateral end regions 273, 275 and between the inboard lateral edge 274 and the third zone of adhesive H1 – where McCormick teaches the adhesive zone 171 and extends laterally in the CD for less than the entire width W, therefore forming a pocket defined in the cross direction CD by the portion of the waist gasketing element 258 extended between the first and second adhesive-free zones 273, 275 (Figures 2 and 3; paragraph 0087).
As to claim 3, a portion of the first zone of mechanical bonds 272 and a portion of the second zone of mechanical bonds 272 overlap with portions of the third zone of adhesive H1 – where McCormick teaches the mechanical bonds 172/272 may be positioned within the first and second adhesive-free zones 173/273, 175/275 (paragraph 0077). McCormick further teaches in some configurations, the first and second adhesive free zones 173/273, 175/275 may be positioned laterally inward from the first side edge 178/278 and the second side edge 180/280, and in turn, adhesive zones may extend laterally outward from first and second adhesive free zones 173/273, 175/275 to or adjacent to the first side edge 178/278 and the second side edge 180/280. In which case, the adhesive zone 171/271 would overlap the mechanical bonds.
.
As to claim 4, McCormick teaches a portion of the first zone of mechanical bonds 172 overlaps with a portion of the first zone of adhesive 171 – where McCormick teaches the mechanical bonds 172 may be positioned within the first and second adhesive-free zones 173, 175 (paragraph 0077). McCormick further teaches in some configurations, the first and second adhesive free zones 173, 175 may be positioned laterally inward from the first side edge 178 and the second side edge 180, and in turn, adhesive zones may extend laterally outward from first and second adhesive free zones 173, 175 to or adjacent to the first side edge 178 and the second side edge 180. In which case, the adhesive zone 171 would overlap the mechanical bonds.
As to claim 7, McCormick teaches the first zone of adhesive 171 extends longitudinally from the inboard lateral edge 174/274 to the outboard lateral edge 176/276 of the first waist panel 158/258 – where McCormick teaches the adhesive zone 171 may extend in the machine direction for the entire length L (Fig. 1B) of the waist gasketing element 158 (paragraph 0077).
As to claim 10, the first zone of adhesive 271 extends longitudinally offset from the inboard lateral edge where McCormick teaches the adhesive zone 271 may be spaced away from the proximal end edge 274 by 1mm or up to 15 mm (paragraph 0086).
As to claim 11, McCormick teaches the absorbent article of claim 16, further comprising a first waist edge 122, a second waist edge 120 longitudinally separated from the first waist edge 122, and wherein the outboard lateral edge 176 of the first waist panel 158 is coterminous with the first waist edge 122 (Figure 1B).
As to claim 12, McCormick teaches a second waist panel 158 positioned in the front waist region 116; and wherein the first waist panel 158 is positioned in the rear waist region 118 (Figure 1B; paragraph 0075).
As to claim 13, the first waist panel 158/258 comprises an elastic material (paragraph 0084).
As to claim 14, the first waist panel 158/258 comprises an elastic film bonded with a nonwoven 216 (paragraph 0084). McCormick incorporates by reference (paragraph 0084), Lenser et al. US Patent Application Publication 2018/0042787 who teaches an elastic laminate suitable for waist elastics, comprising nonwovens and an elastic film, where the elastic film is bonded with the nonwoven in a stretched state (Lenser paragraphs 0003-0004 and 0045).
As to claim 15, McCormick teaches at least one of the first zone 172 of mechanical bonds and the second zone 172 of mechanical bonds extends between the outboard lateral edge 176 and the inboard lateral edge 174 (Figure 1B).
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 5, 6, 8, and 9, are rejected under 35 U.S.C. 103 as being unpatentable over McCormick et al. US Patent Application Publication 2020/0375816
As to claims 5 and 6, McCormick teaches the present invention substantially as claimed. McCormick teaches the mechanical bonds 172 may be positioned within the first and second adhesive-free zones 173 and 175 (paragraph 0077). McCormick teaches the adhesive-free zones, and hence the mechanical bonds, may define various sizes and shapes relative to the waist gasketing element 158. McCormick teaches in some configurations, the first and second adhesive free zones 173, 175 may be positioned laterally inward from the first side edge 178 and the second side edge 180, an in turn, adhesive zones may extend laterally outward from first and second adhesive free zones 173, 175 to or adjacent to the first and second side edges 178, 180. McCormick further teaches the waist gasketing element 158 may be attached to the chassis 102 with only mechanical bonds (paragraph 0077). Thus, McCormick teaches various configurations of the adhesive zones and mechanical bond zones with varying lengths and width. One having ordinary skill in the art would be able to determine through routine experimentation the configuration of the adhesive and mechanical bond zones to achieve fastening of the waist gasketing element and create a pocket for exudates in accordance with the intended use of the article.
As to claim 8, The absorbent article of claim 1, wherein the first waist panel 158/258 comprises a longitudinal length L (Figure 1B/H3 (Figure 2) defined by a distance extending between the inboard lateral edge 174/274 and the outboard lateral edge 176/276 (Figures 1B and 2), and wherein the first zone of adhesive 171/271 extends longitudinally for a distance that is less than half of the longitudinal length of the first waist panel – where McCormick teaches the height of the waist gasketing element 258 in the machine direction MD is shown as H3 (Figure 2; paragraph 0086). McCormick further teaches the adhesive zone 271 may have a height H1 (Figure 2; paragraph 0086), which is about less than half of the distance H3 of the length/height of the waist panel 258. McCormick teaches the height H3 may be in the range of about 10 mm to about 80mm (paragraph 0086) and the height H1 may be in the range of about 5mm to about 40 mm (paragraph 0086). Both the ranges of height H1 and height H3 have values that would show the height H1 is less than half of the height H3. Based on the teachings of McCormick, one having ordinary skill in the art would be able to determine through routine experimentation the distance of the first zone of adhesive compared to the length of the waist panel to achieve a specific parameter of the waist panel, i.e. pocket size and/or adhesion amount for a certain type of hygiene article.
As to claim 9, the first zone of adhesive extends longitudinally from the inboard lateral edge 274 – where McCormick teaches the adhesive zone 271 may extend from the proximal end edge 274 or be spaced away from the proximal edge 274 by (a nominal) 1 or 2 mm (paragraph 0086). In another embodiment, the adhesive zone 171 may extend in the machine direction for the entire length L (Fig. 1B) of the waist gasketing element 158 such that the adhesive is coterminous with the proximal edge 174 and the distal end edge 176 (para. 0077).
Note: Various embodiments of the invention have been combined to meet the claim limitations. McCormick teaches it would be obvious to those skilled in the art that various other changes and modification can be made without departing from the scope of the invention (paragraph 0255).
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.
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, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781