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 Amendment
Applicant amended claims 1 and 15, and cancelled claims 10 and 21. Claims 1-9, 11-20, and 22-24 are currently pending.
Response to Arguments
Applicant’s arguments, see pages 6-7, of Applicant’s Remarks, filed 10/15/25, 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 Ruman in view of Kozee, of claims 14 and 19 in further view of Wasson, and of claims 8 and 24 in further view of Klofta have been fully considered and are persuasive. 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).
Regarding claims 1-7, 9, and 11, Song discloses an absorbent article (Fig. 3, feat. 20; ¶0034-0047) comprising: a topsheet (142; ¶0037 and 0041-0042); a backsheet (140; ¶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 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; ¶0074), with respect to claim 1. 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), with respect to claim 2, 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), with respect to claim 3, that the colorant comprises sulfonephthalein (¶0086), with respect to claim 5, that the colorant comprises bromocresol green (¶0086), with respect to claim 6, that the colorant comprises bromophenol blue (¶0086), with respect to claim 7, and that the wetness indicating composition is disposed only on a first surface of the backsheet (¶0048 and 0074), with respect to claim 9.
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. 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 or that individual graphics of the plurality of discrete graphics having an area of between about 0.02 cm2 and about 25 cm2.
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 (¶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, with respect to claim 1, so that the wetness indicating composition when in the second state is substantially insoluble in the activating liquid, with respect to claim 4, and so that the wetness indicating composition further comprises a resin, with respect to claim 11, 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. 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.
Regarding claim 12, Song in view of Kozee 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 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 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 further discloses that the wetness indicating composition has a viscosity of less than 200 cP as measured at 25°C.
Regarding claims 15-18 and 22, 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), with respect to claim 15. Song further discloses that the first plurality of discrete graphics is disposed on the wearer-facing surface of the backsheet (¶0048 and 0074), with respect to claim 16, 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), with respect to claim 17, and that the second plurality of discrete graphics are formed with a composition different than the wetness indicating composition (¶0048, 0074, and 0103), with respect to claim 18.
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. 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, or that the wetness indicating composition is substantially insoluble in the activating liquid when in the second state.
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, with respect to claim 15, and so that the wetness indicating composition further comprises a resin, with respect to claim 22, in order to increase the rate of color change in the wetness indicating composition as taught by Kozee.
Regarding claim 20, 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. 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.
Regarding claim 23, Song in view of Kozee 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 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
Claims 8 and 24 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 McElrath et al. (US 2020/0390617 A1).
Regarding claims 8 and 24, Song in view of Kozee suggests the absorbent articles of claims 1 and 15, respectively, but are silent with respect to the absorbent article comprising no more than 50 mg of wetness indicating composition.
McElrath teaches a process of applying an ink onto a laminate for a printed absorbent article (¶0005-0008) which only requires a maximum of 40 nanograms of ink applied in a density between 1 to 12 gsm per graphic (¶0006). Because the absorbent article of Song comprises 5 graphics (Song: Fig. 3, feat. 150), modifying the absorbent article suggested by Song in view of Kozee to employ the process of applying ink of McElrath would yield 200 ng of wetness indicating ink. McElrath teaches that this reduces material costs and improves the production speed of applying ink (¶0004-0008). 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 articles suggested by Song in view of Kozee so that the absorbent article comprises no more than 50 mg of wetness indicating composition in order to reduce material costs and improve the production speed as taught by McElrath.
Claims 14 and 19 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 Wasson et al. (US 2016/0051419 A1).
Regarding claims 14 and 19, Ruman in view of Kozee 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 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 8:30-5:00.
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/ARJUNA P CHATRATHI/Examiner, Art Unit 3781
/SARAH AL HASHIMI/Supervisory Patent Examiner, Art Unit 3781