Prosecution Insights
Last updated: August 17, 2026
Application No. 18/213,401

ABSORBENT ARTICLES CONTAINING WETNESS INDICATING COMPOSITIONS AND METHODS FOR MANUFACTURE

Non-Final OA §103
Filed
Jun 23, 2023
Priority
Jun 24, 2022 — provisional 63/355,227
Examiner
CHATRATHI, ARJUNA P
Art Unit
3781
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
The Procter & Gamble Company
OA Round
3 (Non-Final)
63%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
131 granted / 208 resolved
-7.0% vs TC avg
Strong +21% interview lift
Without
With
+21.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
33 currently pending
Career history
262
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
61.3%
+21.3% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 208 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/09/26 has been entered. Response to Amendment Applicant amended claims 1, 8, 15, and 24. Claims 1-9, 11-20, and 22-24 are currently pending. Response to Arguments Applicant’s arguments, see pages 1-2, of Applicant’s Remarks, filed 04/09/26, with respect to the rejections of claims 1-7, 9-13, 15-18, and 20-23 under 35 U.S.C. 103 as being unpatentable over Song in view of Kozee, of claims 14 and 19 in further view of Wasson, and of claims 8 and 24 in further view of McElrath have been fully considered and are persuasive in light of the amendments to claims 1 and 15. However, upon further consideration, new grounds of rejection have been made as indicated below. 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 1-7, 9, 11-13, 15-18, 20, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2013/0158492 A1) in view of Kozee et al. (US 2015/0166806 A1) and in further view of Klofta (US 2010/0262100 A1). Regarding claims 1, Song discloses an absorbent article (Figs. 1-4, feat. 20; ¶0024-0047) comprising: a topsheet (26, 142; ¶0024-0025, 0037, and 0041-0042); a backsheet (28, 140; ¶0026 and 0037-0040); an absorbent core disposed at least partially between the topsheet and the backsheet (30, 144; ¶0027, 0037, and 0043-0047); and a wetness indicating composition (150; ¶0023, 0048-0050, and 0074) comprising a colorant (¶0048-0050); wherein the colorant has a first color state, wherein the first color state is associated with a first state of wetness of the wetness indicating composition; wherein the colorant has a second, different color state, wherein the second color state is associated with a second state of the wetness indicating composition (¶0048-0051); and wherein the wetness indicating composition is disposed on the absorbent article in a plurality of discrete graphics (Fig. 3, feat. 150; ¶0023 and 0074). Song teaches that the wetness indicating color change composition may cover between 10% and 80% of a surface of the substrate, which may be either surface of the baffle or backsheet (¶0048-0051), in order to maintain the characteristics of the substrate (¶0103). This prior art range overlaps the claimed range of about 2% to about 45% of the backsheet, and therefore a prima facie case of obviousness exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the absorbent article disclosed by Song so that the wetness indicating composition is disposed on between about 2% and about 45% of a first surface of the backsheet in order to maintain the characteristics of the backsheet as taught by Song. Song does not disclose that the wetness indicating composition comprises a colorant fastener, that individual graphics of the plurality of discrete graphics having an area of between about 0.02 cm2 and about 25 cm2, or that the absorbent article comprises no more than 50 mg of the wetness indicating composition. Kozee teaches color changing ink jet ink compositions for use as wetness indicators in hygienic articles (¶0009-0010). Kozee teaches that the ink composition (¶0021-0035) may include, among other things, a binder resin (¶0027), a color changing sulfonephthalein pH sensitive dye (¶0022-0023), and a color change promoting additive which advantageously increases the rate of color change (¶0031). Such color change promoting additives include salts containing tetraalkyl/aryl ammonium cations such as tetrabutylammonium bromide and tetrabutylammonium nitrate (¶0031). As discussed on page 22, line 7 to page 24, line 16 of the present specification, quaternary ammonium compounds and salts, which include tetraalkyl/aryl ammonium cations such as tetrabutylammonium bromide and tetrabutylammonium nitrate, also act as colorant fasteners. Kozee further teaches that the binder resin renders the ink composition insoluble in water and aqueous solutions (¶0027). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the absorbent article suggested by Song so that the wetness indicating composition comprises a colorant fastener such as salts containing tetraalkyl/aryl ammonium cations such as tetrabutylammonium bromide and tetrabutylammonium nitrate in order to increase the rate of color change in the wetness indicating composition as taught by Kozee. Song in view of Kozee does not suggest that individual graphics of the plurality of discrete graphics having an area of between about 0.02 cm2 and about 25 cm2 or that the absorbent article comprises no more than 50 mg of the wetness indicating composition. However, the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Please see MPEP §2144.04(IV)(A) with respect to the discussion of Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the current case, the plurality of discrete graphics of the article suggested by Song in view of Kozee comprise a wetness indicating composition comprising a colorant and a colorant fastener, in the same way as the claimed composition, and therefore modifying the individual graphics of the plurality of discrete graphics to have the claimed range of areas would cause the prior art individual graphics to perform the same as the claimed individual graphics. Therefore, individual graphics of the plurality of discrete graphics having an area of between about 0.02 cm2 and about 25 cm2 does not render the claimed absorbent article patently distinct from the prior art of record. Song in view of Kozee does not suggest that the absorbent article comprises no more than 50 mg of the wetness indicating composition. Song teaches that the absorbent article may comprises a rectangular intake layer (Fig. 1, feat. 32) which has a length between 150 mm and 300 mm and less than or equal to the overall length of the absorbent article (20), and a width between 10 mm and 60 mm and less than the width of the absorbent article (¶0029). Therefore, the minimum area of the intake layer is between 0.0015 m2 and 0.018 m2, and because the minimum dimensions of the absorbent article are equal to or greater than the minimum dimensions of the intake layer, the absorbent article also has a minimum area between 0.0015 m2 and 0.018 m2. As discussed above, Song further teaches that the wetness indicating color change composition may cover between 10% and 80% of a surface of a substrate of the absorbent article in order to maintain the characteristics of the substrate (¶0103). Therefore, Song teaches that the wetness indicating color change composition may cover a minimum area of the absorbent article between 0.00015 m2 and 0.0144 m2 in order to maintain the characteristics of the substrate. Klofta teaches a similar wetness indicating composition for absorbent articles to the ones taught by Song and Kozee (¶0024-0052) comprising, among other things, a sulfonephthalein pH indicator colorant (¶0030), a resin (¶0035-0038), and a quaternary ammonium compound or salt based colorant fastener (¶0039-0044). Klofta teaches that such a wetness indicating composition should be applied in amounts between about 1 g/m2 to about 100 g/m2 in order to be effective at providing visual signals (¶0064). In combination with the teaching from Song that the wetness indicating color change composition may cover a minimum area of the absorbent article between 0.00015 m2 and 0.0144 m2 in order to maintain the characteristics of the substrate, Klofta teaches that the article suggested by Song in view of Kozee should have a minimum amount of wetness indicating composition between about 0.00015 g (0.15 mg) to 1.44 g. This overlaps the claimed range of no more than 50 mg of wetness indicating composition, and therefore a prima facie case of obviousness exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article suggested by Song in view of Kozee so that the absorbent article comprises no more than 50 mg of the wetness indicating composition in order to maintain the properties of the substrate that the composition is disposed on as taught by Song while ensuring that the composition is effective at providing a visual signal as taught by Klofta. Regarding claim 2, Song in view of Kozee and in further view of Klofta suggests the article of claim 1, and Song further discloses that the wetness indicating composition is in the first state prior to exposure of the wetness indicating composition to an activating liquid (¶0048-0051 and 0084-0086). Regarding claim 3, Song further discloses that the wetness indicating composition is in the second state after exposure of the wetness indicating composition to an activating liquid (¶0048-0051 and 0084-0086). Regarding claim 4, Song in view of Kozee and in further view of Klofta suggests the article of claim 3. As discussed above, Kozee further teaches that the binder resin renders the ink composition insoluble in water and aqueous solutions (¶0027). Therefore, Song in view of Kozee and in further view of Klofta further suggests that the wetness indicating composition when in the second state is substantially insoluble in the activating liquid. Regarding claim 5, Song in view of Kozee and in further view of Klofta suggests the article of claim 1, and Song further discloses that the colorant comprises sulfonephthalein (¶0086). Regarding claim 6, Song further discloses that the colorant comprises bromocresol green (¶0086). Regarding claim 7, Song further discloses that the colorant comprises bromophenol blue (¶0086). Regarding claim 8, Song in view of Kozee and in further view of Klofta suggests the article of claim 1. As discussed above with respect to claim 1, Song teaches that the absorbent article has a minimum area between 0.0015 m2 and 0.018 m2, that the wetness indicating color change composition may cover between 10% and 80% of a surface of a substrate of the absorbent article in order to maintain the characteristics of the substrate, and therefore that the wetness indicating color change composition may cover a minimum area of the absorbent article between 0.00015 m2 and 0.0144 m2. As discussed above with respect to claim 1, Klofta teaches that a similar wetness indicating composition to the ones taught by Song and Kozee should be applied in amounts between about 1 g/m2 to about 100 g/m2 in order to be effective at providing visual signals. As discussed above, Song in view of Kozee and in further view of Klofta therefore suggests that the articles should have a minimum amount of wetness indicating composition between about 0.00015 g (0.15 mg) to 1.44 g. This overlaps the claimed range of between about 3 mg and about 50 mg of the wetness indicating composition, and therefore a prima facie case of obviousness exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article suggested by Song in view of Kozee and in further view of Klofta so that the absorbent article comprises between about 3 mg and about 50 mg of the wetness indicating composition in order to maintain the properties of the substrate that the composition is disposed on as taught by Song while ensuring that the composition is effective at providing a visual signal as taught by Klofta. Regarding claim 9, Song in view of Kozee and in further view of Klofta suggests the article of claim 1, and Song further discloses that the wetness indicating composition is disposed only on a first surface of the backsheet (¶0048 and 0074). Regarding claim 11, Song in view of Kozee and in further view of Klofta suggests the article of claim 1. As discussed above, Kozee teaches that the color changing wetness indicating composition comprises a binder resin (¶0027). Therefore, Song in view of Kozee and in further view of Klofta further suggests that the wetness indicating composition further comprises a resin. Regarding claim 12, Song in view of Kozee and in further view of Klofta suggests the absorbent article of claim 11. Kozee further teaches that the resin advantageously adheres the ink composition to non-porous substrates and helps to protect the printed composition from dissolution by aqueous solutions and ambient moisture (¶0027). Kozee further teaches that particularly suitable fixative resins may have a glass transition temperature (Tg) between 70°C and 180°C (¶0027). This prior art range overlaps the claimed prior art range of Tg of less than 150°C, and therefore a case of prima facie obviousness exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the absorbent article suggested by Song in view of Kozee and in further view of Klofta so that the resin has a Glass Transition Temperature (Tg) of less than 150°C so that the resin may act as a suitable fixative that adheres the wetness indicating composition to non-porous substrates and helps to protect the composition from dissolution by aqueous solutions and ambient moisture as taught by Kozee. Regarding claim 13, Song in view of Kozee and in further view of Klofta discloses the absorbent article of claim 1. Kozee further teaches that the ink composition should have a viscosity at 25°C should be between 1.5 to 7 cP in order to be suitable for continuous inkjet printing (CIJ) (¶0027 and 0035), which enables high production line speeds (¶0015-0018). This prior art range lies within the claimed range of viscosities of less than 200 cP measured at 25°C, and therefore anticipates it. Please see MPEP §2131.03(I). Therefore, Song in view of Kozee and in further view of Klofta further discloses that the wetness indicating composition has a viscosity of less than 200 cP as measured at 25°C. Regarding claims 15, Song discloses an absorbent article (Fig. 3, feat. 20; ¶0034-0047) comprising: a topsheet (142; ¶0037 and 0041-0042); a backsheet comprising a garment-facing surface and a wearer-facing surface (140; ¶0035 and 0037-0040); an absorbent core disposed at least partially between the topsheet and the backsheet (144; ¶0037 and 0043-0047); and a wetness indicating composition (150; ¶0048-0050 and 0074) comprising a colorant (¶0048-0050); wherein the colorant has a first color state, wherein the first color state is associated with a first state of the wetness indicating composition, and wherein the wetness indicating composition is in the first state prior to exposure of the wetness indicating composition to an activating liquid; wherein the colorant has a second color state, wherein the second color state is associated with a second state of the wetness indicating composition, and wherein the wetness indicating composition is in the second state after exposure to the activating liquid (¶0048-0051 and 0085-0086) and wherein the wetness indicating composition is disposed on the absorbent article in a plurality of discrete graphics (Fig. 3, feat. 150; ¶0074). Song teaches that the wetness indicating color change composition may cover between 10% and 80% of a surface of the substrate, which may be either surface of the baffle or backsheet (¶0048-0051), in order to maintain the characteristics of the substrate (¶0103). This prior art range overlaps the claimed range of about 2% to about 45% of the backsheet, and therefore a prima facie case of obviousness exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the absorbent article disclosed by Song so that the wetness indicating composition is disposed on between about 2% and about 45 % of a wearer-facing surface of the backsheet in order to maintain the characteristics of the backsheet as taught by Song. Song does not disclose that the colorant and the colorant fastener are not chemically bonded in the first state, that at least a portion is of the colorant is chemically bonded to at least a portion of the colorant fastener in the second state, that the wetness indicating composition is substantially insoluble in the activating liquid when in the second state, or that the article comprises no more than 50 mg of the wetness indicating composition. As discussed above, Kozee teaches color changing ink jet ink compositions for use as wetness indicators in hygienic articles (¶0009-0010). Kozee teaches that the ink composition (¶0021-0035) may include, among other things, a binder resin (¶0027), a color changing pH sensitive dye such as a brominated phenolsulfonephthalein (¶0022-0023), and a color change promoting additive which advantageously increases the rate of color change (¶0031). Such color change promoting additives include salts containing tetraalkyl/aryl ammonium cations such as tetrabutylammonium bromide and tetrabutylammonium nitrate (¶0031). As discussed on page 22, line 7 to page 24, line 16 of the present specification, quaternary ammonium compounds and salts, which include tetraalkyl/aryl ammonium cations such as tetrabutylammonium bromide and tetrabutylammonium nitrate, also act as colorant fasteners. Furthermore, as discussed on page 26, line 16 – page 27, line 18 of the present specification, quaternary ammonium compounds form chemical bonds with sulfonephthalein pH indicators, such as the brominated phenolsulfonephthaleins taught by Kozee, when exposed to an aqueous activating liquid. Therefore, because the ink composition taught by Kozee includes both a sulfonephthalein pH indicator in the form of a brominated phenolsulfonephthalein colorant and a quaternary ammonium compound colorant fastener, the colorant and colorant fastener would not be chemically bonded in the first state of the composition and they would be chemically bonded in the second state of the composition. Furthermore, as discussed above, Kozee teaches that the binder resin renders the ink composition insoluble in water (¶0027). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the absorbent article suggested by Song so that the wetness indicating composition is the ink composition taught by Kozee, and would therefore comprise a colorant fastener such that the colorant and the colorant fastener are not chemically bonded when the composition is in the first state, such that at least a portion of the colorant is chemically bonded to at least a portion of the colorant fastener when the composition is in the second state, and such that the wetness indicating composition is substantially insoluble in the activating liquid when in the second state in order to increase the rate of color change in the wetness indicating composition as taught by Kozee. Song in view of Kozee does not suggest that the absorbent article comprises no more than 50 mg of the wetness indicating composition. Song teaches that the absorbent article may comprises a rectangular intake layer (Fig. 1, feat. 32) which has a length between 150 mm and 300 mm and less than or equal to the overall length of the absorbent article (20), and a width between 10 mm and 60 mm and less than the width of the absorbent article (¶0029). Therefore, the minimum area of the intake layer is between 0.0015 m2 and 0.018 m2, and because the minimum dimensions of the absorbent article are equal to or greater than the minimum dimensions of the intake layer, the absorbent article also has a minimum area between 0.0015 m2 and 0.018 m2. As discussed above, Song further teaches that the wetness indicating color change composition may cover between 10% and 80% of a surface of a substrate of the absorbent article in order to maintain the characteristics of the substrate (¶0103). Therefore, Song teaches that the wetness indicating color change composition may cover a minimum area of the absorbent article between 0.00015 m2 and 0.0144 m2 in order to maintain the characteristics of the substrate. Klofta teaches a similar wetness indicating composition for absorbent articles to the ones taught by Song and Kozee (¶0024-0052) comprising, among other things, a sulfonephthalein pH indicator colorant (¶0030), a resin (¶0035-0038), and a quaternary ammonium compound or salt based colorant fastener (¶0039-0044). Klofta teaches that such a wetness indicating composition should be applied in amounts between about 1 g/m2 to about 100 g/m2 in order to be effective at providing visual signals (¶0064). In combination with the teaching from Song that the wetness indicating color change composition may cover a minimum area of the absorbent article between 0.00015 m2 and 0.0144 m2 in order to maintain the characteristics of the substrate, Klofta teaches that the article suggested by Song in view of Kozee should have a minimum amount of wetness indicating composition between about 0.00015 g (0.15 mg) to 1.44 g. This overlaps the claimed range of no more than 50 mg of wetness indicating composition, and therefore a prima facie case of obviousness exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article suggested by Song in view of Kozee so that the absorbent article comprises no more than 50 mg of the wetness indicating composition in order to maintain the properties of the substrate that the composition is disposed on as taught by Song while ensuring that the composition is effective at providing a visual signal as taught by Klofta. Regarding claim 16, Song in view of Kozee and in further view of Klofta suggests the article of claim 15, and song further discloses that the first plurality of discrete graphics is disposed on the wearer-facing surface of the backsheet (¶0048 and 0074). Regarding claim 17, Song further discloses that a second plurality of discrete graphics is disposed on the wearer-facing surface and/or the garment-facing surface of the backsheet (¶0048, 0074, and 0103). Regarding claim 18, Song further discloses that the second plurality of discrete graphics are formed with a composition different than the wetness indicating composition (¶0048, 0074, and 0103). Regarding claim 20, Song in view of Kozee and in further view of Klofta does not suggest that individual graphics of the plurality of discrete graphics having an area of between about 0.02 cm2 and about 25 cm2. However, the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Please see MPEP §2144.04(IV)(A) with respect to the discussion of Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the current case, the plurality of discrete graphics of the article suggested by Song in view of Kozee and in further view of Klofta comprise a wetness indicating composition comprising a colorant and a colorant fastener, in the same way as the claimed composition, and therefore modifying the individual graphics of the plurality of discrete graphics to have the claimed range of areas would cause the prior art individual graphics to perform the same as the claimed individual graphics. Therefore, individual graphics of the plurality of discrete graphics having an area of between about 0.02 cm2 and about 25 cm2 does not render the claimed absorbent article patently distinct from the prior art of record. Regarding claim 22, Song in view of Kozee and in further view of Klofta suggests the article of claim 15. As discussed above, Kozee teaches that the color changing wetness indicating composition comprises a binder resin (¶0027). Therefore, Song in view of Kozee and in further view of Klofta further suggests that the wetness indicating composition further comprises a resin. Regarding claim 23, Song in view of Kozee and in further view of Klofta suggests the absorbent article of claim 22. Kozee further teaches that the resin advantageously adheres the ink composition to non-porous substrates and helps to protect the printed composition from dissolution by aqueous solutions and ambient moisture (¶0027). Kozee further teaches that particularly suitable fixative resins may have a glass transition temperature (Tg) between 70°C and 180°C (¶0027). This prior art range overlaps the claimed prior art range of Tg of less than 150°C, and therefore a case of prima facie obviousness exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the absorbent article suggested by Song in view of Kozee and in further view of Klofta so that the resin has a Glass Transition Temperature (Tg) of less than 150°C so that the resin may act as a suitable fixative that adheres the wetness indicating composition to non-porous substrates and helps to protect the composition from dissolution by aqueous solutions and ambient moisture as taught by Kozee. Regarding claim 24, Song in view of Kozee and in further view of Klofta suggests the article of claim 15. As discussed above with respect to claim 15, Song teaches that the absorbent article has a minimum area between 0.0015 m2 and 0.018 m2, that the wetness indicating color change composition may cover between 10% and 80% of a surface of a substrate of the absorbent article in order to maintain the characteristics of the substrate, and therefore that the wetness indicating color change composition may cover a minimum area of the absorbent article between 0.00015 m2 and 0.0144 m2. As discussed above with respect to claim 15, Klofta teaches that a similar wetness indicating composition to the ones taught by Song and Kozee should be applied in amounts between about 1 g/m2 to about 100 g/m2 in order to be effective at providing visual signals. As discussed above, Song in view of Kozee and in further view of Klofta therefore suggests that the articles should have a minimum amount of wetness indicating composition between about 0.00015 g (0.15 mg) to 1.44 g. This overlaps the claimed range of between about 3 mg and about 50 mg of the wetness indicating composition, and therefore a prima facie case of obviousness exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article suggested by Song in view of Kozee and in further view of Klofta so that the absorbent article comprises between about 3 mg and about 50 mg of the wetness indicating composition in order to maintain the properties of the substrate that the composition is disposed on as taught by Song while ensuring that the composition is effective at providing a visual signal as taught by Klofta. Claims 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Kozee, in further view of Klofta, and in further view of Wasson et al. (US 2016/0051419 A1). Regarding claims 14 and 19, Song in view of Kozee and in further view of Klofta suggests the absorbent articles of claims 1 and 15, respectively, but does not disclose that at least a portion of each of the plurality of discrete graphics is spaced apart from others of the plurality of discrete graphics by at least 2 mm. Wasson teaches absorbent articles (Figs. 1-7, feat. 10; ¶0019-0028) comprising printed graphical elements, which may be printed on the body-facing surface of the backsheet (26, 28, 30, 32, 34; ¶0020-0021 and 0026). Wasson teaches by locating the printed graphical elements so that there is between 2 mm and 15 mm between each graphical element, the articles may allow for high speed manufacturing while ensuring consumer acceptable quality (¶0002-0005, 0023, and 0028). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the absorbent article suggested by Song in view of Kozee and in further view of Klofta so that at least a portion of each of the plurality of discrete graphics is spaced apart from others of the plurality of discrete graphics by at least 2 mm in order to allow for high speed manufacturing while ensuring consumer acceptable quality as taught by Wasson. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 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 5712727159. 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. /ARJUNA P CHATRATHI/Examiner, Art Unit 3781 /JESSICA ARBLE/Primary Examiner, Art Unit 3781
Read full office action

Prosecution Timeline

Jun 23, 2023
Application Filed
Jul 15, 2025
Non-Final Rejection mailed — §103
Oct 15, 2025
Response Filed
Jan 09, 2026
Final Rejection mailed — §103
Apr 09, 2026
Request for Continued Examination
Apr 21, 2026
Response after Non-Final Action
Jul 24, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
63%
Grant Probability
84%
With Interview (+21.2%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 208 resolved cases by this examiner. Grant probability derived from career allowance rate.

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