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
The amendment filed 02/26/2026 has been entered. Claims 1, 4-5, 10-11, 13-14 and 17 have been amended. Claims 12, 15 and 20 are cancelled. Claims 1-11, 13-14, 16-19 remain pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11, 13-14, 16-19 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim 1 has been amended to recite “wherein the opening operational indicium comprises a three-dimensional bond pattern connecting the fastener component with the first belt” which was previously recited in claim 12 rejected under Kusumi in view if Surushe. Surushe is no longer relied upon. Mueller is cited to teach such limitation as discussed in the rejection below.
Similarly, claim 13 has been amended to recite “wherein the opening mechanical aid comprises a three-dimensional bond pattern defined by bonds that connect the fastener component with the first belt” which was previously recited in claim 15. Surushe is no longer relied upon to teach such limitation. Mueller is cited to teach such limitation as discussed in the rejection below.
Claim 17 has been amended to recite “an accessibility opening in the first belt” and “wherein the at least one opening facilitation feature comprises an opening mechanical aid defined by a three-dimensional aspect adjacent the accessibility opening and formed by a bend in the fastener component such that a portion of the first belt and/or distal end region of the fastener component protrudes outwardly from a plane of the outer garment facing surface of the first belt. A new grounds of rejection is made over Kusumi in view of Hasler and further in view of Mueller.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18, ln. 5 should read ---[[an]] the opening mechanical aid is adapted to----
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusumi et al. (Pub. No.: US 2008/0015534 A1) and further in view of Mueller et al. (Pub. No.: US 2018/0042786 A1).
Regarding claim 1, Kusumi discloses (fig. 1-8; annotated fig. 3) an absorbent article (disposable pants 1) comprising:
A chassis (crotch section 4) comprising a topsheet (liquid-permeable topsheet 41), a backsheet (liquid-impermeable backsheet 42), and an absorbent core (absorber 43) positioned between the topsheet and the backsheet (¶ 0074, fig. 6), the chassis further including a first end region (front crotch part 4a) and a second end region (rear crotch part 4b) longitudinally separated from the first end region by a crotch region (central crotch part 4c) (¶ 0073, fig. 3);
A first belt (front abdominal section 2) comprising a first end region (left front abdominal part 2a) and a second end region (right front abdominal part 2b) laterally separated from the first end region by a central region (central front abdominal part 2c) (¶ 0046, fig. 1), the first end region of the chassis connected with the central region of the first belt (¶ 0046), the first belt further comprising a laterally extending inner edge (lower edges 14a, 14b) and a laterally extending outer edge (upper edges 12a, 12b) (fig. 1-2), the outer edge positioned longitudinally outward of the inner edge (fig. 1), wherein the first belt further comprises an inner wearing facing surface (fig. 3) and an outer garment facing surface (fig. 1);
A second belt (rear section 3) comprising a first end region and a second end region laterally separated from the first end region by a central region (annotated fig. 3), the second end region of the chassis connected with the central region of the belt (¶ 0043), wherein the first end region of the first belt is connected with the first end region of the second belt (annotated fig. 3, ¶ 0042) and the second end region of the first belt is connected with the second end region of the second belt (annotated fig. 3, ¶ 0042) to form a waist opening (Q, ¶ 0044, fig. 1);
A frangible pathway (breaking line part 17a) in the first belt extending between a proximal terminus and a distal terminus (¶ 0046, fig. 1);
A fastener component (sheet-like left adhesive piece 22a) connected with the inner wearer facing surface of the first belt (¶ 0050), the fastener component adapted to refastenably connect with at least one other component of the absorbent article (¶ 0055); and
An opening operational indicum adapted to indicate proper separation of the first belt along the frangible pathway (the breaking line part 17a may be colored, ¶ 0111), wherein a bond connects the fastener component with the first belt (¶ 0050).
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Kusumi annotated fig. 3
Kusumi fails to disclose wherein the opening operational indicium comprises a three-dimensional bond pattern connecting the fastener component with the first belt.
Mueller teaches (fig. 1, 7) an absorbent article (10) and thus in the same field of endeavor, comprising:
A first belt (ear 30); a fastener (fastening element 50); an operational indicium comprising a three-dimensional bond pattern (fastener attachment bond 52/bond pattern 400c comprised of ultrasonic bonds, ¶ 0082, and thus three-dimensional) connecting the fastener component with the first belt (¶ 0076, ¶ 0082), wherein such bond patterns are suitable for providing distinct visual characteristics such as instructional indicia (¶ 0082).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening operational indicium of Kusumi such that it comprises a three-dimensional bond pattern connecting the fastener component with the first belt, as taught by Mueller, as a three-dimensional bond pattern is suitable for providing distinct visual characteristics such as instructional indicia (Mueller ¶ 0082).
Regarding claim 4, Kusumi discloses wherein the first belt comprises a low-stretch zone (central front abdominal part 2c) positioned laterally between high stretch zone (left, right and central front abdominal parts 2a, 2b, 2c comprise elastic members 19a-b, 20a-b, 21a-b, elastic members in the central front abdominal part are subjected to weakening process, ¶ 0088, resulting in low-stretch zone positioned laterally between high stretch zone), and wherein the printed indicum is located in the low-stretch zone (¶ 0111, fig. 1, frangible pathway 17a is disposed in the central front abdominal part 2c).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusumi in view of Mueller, as applied to claim 1 above, and further in view of Back (Pub. No.: US 2010/0234822 A1).
Regarding claim 2, Kusumi discloses wherein the opening operational indicium comprises an indicum on the first belt (¶ 0111).
Kusumi in view of Mueller fail to disclose wherein the opening operational indicium comprises a printed indicium selected from the group consisting of: an indicium printed on the fastener component; an indicium printed on the first belt; and an indicium printed on the chassis.
Back teaches (fig. 1A) an absorbent article (10) and thus in the same field of endeavor, comprising a first belt (waistband 50); a frangible pathway (perforation 52) extending between a proximal terminus and a distal terminus (fig. 1a); and an opening operational indicium adapted to facilitate proper separation of the first belt along the frangible pathway (¶ 0051); wherein the operational indicum comprises a printed indicum selected from the group consisting of: an indicum printed on the fastener component, an indicum printed on the first belt (¶ 0051); and an indicum printed on the chassis in order to indicate a location of the frangible pathway (¶ 0051).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening operational indicium of Kusumi in view of Mueller such that it comprises a printed indicium selected from the group consisting of: an indicium printed on the fastener component; an indicium printed on the first belt; and an indicium printed on the chassis, as taught by Back, as such indicium is suitable for indicating the location of the frangible pathway (Back, ¶ 0051).
Regarding claim 3, Kusumi in view of Mueller and further in view of Back disclose wherein the printed indicum comprises at least one of: a geometric shape, a directional shape, an alphanumeric text, and an anthropomorphic shape (Back, ¶ 0051).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusumi in view of Mueller, as applied to claim 1 above, and further in view of Hasler et al. (Pub. No.: US 2005/0192553 A1).
Regarding claim 5, Kusumi in view of Mueller fail to disclose an accessibility opening in the first belt, and wherein the frangible pathway comprises a first tear zone extending from the accessibility opening to the distal terminus, and a second tear zone extending from the accessibility opening to the proximal terminus, and wherein the fastener component is adjacent the accessibility opening.
Hasler teaches (fig. 1) an absorbent article (refastenable pant-like disposable undergarment 10) comprising: a first belt (front panel 12), a frangible pathway (tear line 74) in the first belt extending between a proximal terminus and a distal terminus (fig. 1, ¶ 0023), and an accessibility opening (ear flaps 96) in the first belt (fig. 1, ¶ 0034), and wherein the frangible pathway comprises a first tear zone extending from the accessibility opening to the distal terminus, and a second tear zone extending from the accessibility opening to the proximal terminus (fig. 1, ¶ 0034), and wherein a fastener component (material 90) is adjacent the accessibility opening (fig. 1, ¶ 0033), in order to provide assistance in breaking the frangible pathway (¶ 0041).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the absorbent article of Kusumi in view of Mueller such that it comprises an accessibility opening in the first belt, and wherein the first frangible pathway comprises a first tear zone extending from the accessibility to the distal terminus, and a second tear zone extending from the accessibility opening to the proximal terminus, and wherein the fastener component is adjacent the accessibility opening, as taught by Hasler, in order to provide assistance in breaking the frangible pathway (Hasler ¶ 0041).
Regarding claim 6, Kusumi in view of Mueller and further in view of Hasler fail to disclose wherein the opening operational indicium is adapted to facilitate location of the accessibility opening.
However, the opening operational indicium of Kusumi in view of Mueller and further in view of Hasler is disposed on the frangible pathway, as discussed above in claim 5. Kusumi discloses that the frangible pathway may be colored (¶ 0111).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening operational indicium such that it is adapted to facilitate location of the accessibility opening in order to allow the opening operational indicium to be recognized easily.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusumi in view of in view of Mueller and further in view of Hasler as applied to claim 6 above, and further in view of Schmoker et al. (Pub. No.: US 2008/0114322 A1).
Regarding claim 7, Kusumi in view of Mueller and further in view of Hasler fail to disclose wherein the opening operational indicium comprises a printed indicium comprising a printed accessibility opening indicium and a printed frangible pathway guide.
Schmoker teaches (fig. 5-6) an absorbent article (undergarment 10’) and thus in the same field of endeavor, comprising a first belt (front body panel 12’); a frangible pathway (first line of weakness 42’) extending between a proximal terminus and a distal terminus (fig. 6); and an opening operational indicium (tear facilitation member 86, ¶ 0052) adapted to facilitate proper separation of the first belt along the frangible pathway (¶ 0044); wherein the operational indicum comprises a printed indicum (¶ 0054) in order to provide a visual distinguishment (¶ 0054).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening operational indicium of Kusumi in view of Mueller and further in view of Hasler such that it comprises a printed indicium, as taught by Schmoker, thus resulting in a printed accessibility opening indicium and a printed frangible pathway guide, as such indicium is suitable for providing a visual distinguishment (Schmoker, ¶ 0054).
Regarding claim 8, Kusumi in view of Mueller and further in view of Hasler and further in view of Schmoker fail to disclose wherein a color of the accessibility opening indicium is different from and visually distinct from a color of the printed frangible pathway guide.
However, Kusumi discloses that the operational indicium can be light blue (¶ 0111). Schmoker further teaches that the operational indicium can be pink (¶ 0052).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening operational indicium of Kusumi in view of Mueller and further in view of Hasler and further in view of Schmoker such that a color of the accessibility opening indicium is different from and visually distinct from a color of the printed frangible pathway guide, in order to provide a visual distinguishment between the accessibility opening and the frangible pathway.
Regarding claim 9, Hasler teaches that a lateral width of the accessibility opening is greater than a lateral width of the frangible pathway (fig. 1).
Accordingly, Kusumi in view of Mueller and further in view of Hasler and further in view of Schmoker disclose wherein a lateral width of the printed accessibility opening indicium is greater than and visually distinct form the printed frangible pathway guide.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusumi in view of Mueller and further in view of Hasler, as applied to claim 5 above, and further in view of Umebayashi (Pub. No.: US 2023/0127980 A1).
Regarding claim 10, Kusumi in view of Mueller and further in view of Hasler fail to disclose wherein the accessibility opening and/or the frangible pathway extend through the fastener component, and wherein a color of the fastener component is enhanced along the accessibility opening and/or frangible pathway to form at least a portion of the opening operation indicium.
Umebayashi teaches (fig. 1A-1B) an absorbent article (reclosable pants-type disposable worn article N) and thus in the same field of endeavor, comprising: a first belt (front panel 1); a frangible pathway (separation portion 10, ¶ 0051) in the first belt extending between a proximal terminus and a distal terminus (fig. 1B, ¶ 0010); a fastener component (left and right separation end portions 1E), wherein the frangible pathway extends through the fastener component (fig. 1A-1B, ¶ 0054).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the absorbent article of Kusumi in view of Mueller and further in view of Hasler such that the frangible pathway extend through the fastener component, as taught by Umebayashi, in order to improve manufacturing of the absorbent article such forming the frangible pathway simultaneously forms the fastener component.
Further, as discussed above in claim 1, Kusumi discloses that the frangible pathway is colored. Thus, the absorbent article of Kusumi in view of Mueller and further in view of Hasler and further in view of Umebayashi includes a color of the fastener component enhanced along the frangible pathway to form at least a portion of the opening operation indicium.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusumi in view of Mueller and further, as applied to claim 1 above, and further in view of Fujioka (Pub. No.: US 2008/0091163 A1).
Regarding claim 11, Kusumi in view of Mueller fail to disclose wherein the opening operational indicium comprises a color of the fastener component that is distinct from a color of the belt and a color of the chassis.
Fujioka teaches (fig. 1) an absorbent article (disposable pants 1) and thus in the same field of endeavor, comprising a chassis (crotch section 4); a first belt (front abdominal section 2); a second belt (rear section 3); a fastener component (adhesive piece 22a); wherein a color of the fastener component is distinct from a color of the first and second belt and a color of the chassis (¶ 0043) in order to improve workability in attaching and detaching the fastener component (¶ 0083).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening operational indicium of Kusumi in view of Mueller such that it comprises a color of the fastener component that is distinct from a color of the belt and a color of the chassis, as taught by Fujioka, in order to improve workability in attaching and detaching the fastener component (Fujioka ¶ 0083).
Claim(s) 13 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusumi in view of Hasler and further in view of Mueller.
Regarding claim 13, Kusumi discloses (fig. 1-8, annotated fig. 3) an absorbent article (disposable pants 1) comprising:
A chassis (crotch section 4) comprising a topsheet (liquid-permeable topsheet 41), a backsheet (liquid-impermeable backsheet 42), and an absorbent core (absorber 43) positioned between the topsheet and the backsheet (¶ 0074, fig. 6), the chassis further including a first end region (front crotch part 4a) and a second end region (rear crotch part 4b) longitudinally separated from the first end region by a crotch region (central crotch part 4c) (¶ 0073, fig. 3);
A first belt (front abdominal section 2) comprising a first end region (left front abdominal part 2a) and a second end region (right front abdominal part 2b) laterally separated from the first end region by a central region (central front abdominal part 2c) (¶ 0046, fig. 1), the first end region of the chassis connected with the central region of the first belt (¶ 0046), wherein the first belt further comprises an inner wearing facing surface (fig. 3) and an outer garment facing surface (fig. 1);
A second belt (rear section 3) comprising a first end region and a second end region laterally separated from the first end region by a central region (annotated fig. 3), the second end region of the chassis connected with the central region of the belt (¶ 0043), wherein the first end region of the first belt is connected with the first end region of the second belt (annotated fig. 3, ¶ 0042) and the second end region of the first belt is connected with the second end region of the second belt (annotated fig. 3, ¶ 0042) to form a waist opening (Q, ¶ 0044, fig. 1);
A frangible pathway (breaking line part 17) in the first belt extending between a proximal terminus and a distal terminus (¶ 0046, fig. 1);
A fastener component (sheet-like left adhesive piece 22a) connected with the inner wearer facing surface of the first belt (¶ 0050), the fastener component adapted to refastenably connect with at least one other component of the absorbent article (¶ 0055); and
An opening mechanical aid (projections 25, 26) adapted to at least one of: facilitate access to the fastener component (¶ 0065); grasp the fastener component; pull the fastener component away from the chassis; and separate the first belt along the frangible pathway.
Kusumi fails to disclose an accessibility opening in the first belt, the fastener component connected with the inner wearer facing surface of the first belt adjacent to the accessibility opening.
Hasler teaches (fig. 1) an absorbent article (refastenable pant-like disposable undergarment 10) comprising: a first belt (front panel 12), a frangible pathway (tear line 74) in the first belt extending between a proximal terminus and a distal terminus (fig. 1, ¶ 0023), and an accessibility opening (ear flaps 96) in the first belt (fig. 1, ¶ 0034), and wherein a fastener component (material 90) is adjacent the accessibility opening (fig. 1, ¶ 0033).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the absorbent article of Kusumi such that it comprises an accessibility opening, the fastener component being adjacent the accessibility opening, as taught by Hasler, in order to provide assistance in breaking the frangible pathway (Hasler ¶ 0041).
Kusumi in view of Hasler fail to disclose wherein the opening mechanical aid comprises a three-dimensional bond pattern defined by bonds that connect the fastener component with the first belt.
Mueller teaches (fig. 1, 7) an absorbent article (10) and thus in the same field of endeavor, comprising:
A first belt (ear 30); a fastener (fastening element 50); a three-dimensional bond pattern (fastener attachment bond 52/bond pattern 400c comprised of ultrasonic bonds, ¶ 0082, and thus three-dimensional) connecting the fastener component with the first belt (¶ 0076, ¶ 0082), wherein such bond patterns are suitable for providing distinct visual characteristics such as instructional indicia (¶ 0082).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening mechanical aid of Kusumi in view of Hasler such that it comprises a three-dimensional bond pattern connecting the fastener component with the first belt, as taught by Mueller, as a three-dimensional bond pattern is suitable for providing distinct visual characteristics such as instructional indicia (Mueller ¶ 0082).
Regarding claim 16¸ Kusumi discloses wherein the opening mechanical aid is positioned adjacent to or overlapping with the fastening component (fig. 1).
Regarding claim 17, Kusumi discloses (fig. 1-8; annotated fig. 3) an absorbent article (disposable pants 1) comprising:
A chassis (crotch section 4) comprising a topsheet (liquid-permeable topsheet 41), a backsheet (liquid-impermeable backsheet 42), and an absorbent core (absorber 43) positioned between the topsheet and the backsheet (¶ 0074, fig. 6), the chassis further including a first end region (front crotch part 4a) and a second end region (rear crotch part 4b) longitudinally separated from the first end region by a crotch region (central crotch part 4c) (¶ 0073, fig. 3);
A first belt (front abdominal section 2) comprising a first end region (left front abdominal part 2a) and a second end region (right front abdominal part 2b) laterally separated from the first end region by a central region (central front abdominal part 2c) (¶ 0046, fig. 1), the first end region of the chassis connected with the central region of the first belt (¶ 0046), wherein the first belt further comprises an inner wearing facing surface (fig. 3) and an outer garment facing surface (fig. 1);
A second belt (rear section 3) comprising a first end region and a second end region laterally separated from the first end region by a central region (annotated fig. 3), the second end region of the chassis connected with the central region of the belt (¶ 0043), wherein the first end region of the first belt is connected with the first end region of the second belt at a first side seam (left side bonding part 11a) (annotated fig. 3, ¶ 0042) and the second end region of the first belt is connected with the second end region of the second belt at a second side seam (right side bonding part 11b) (annotated fig. 3, ¶ 0042) to form a waist opening (Q, ¶ 0044, fig. 1);
A frangible pathway (breaking line part 17a) in the first belt extending between a proximal terminus and a distal terminus (¶ 0046, fig. 1);
A fastener component (sheet-like left adhesive piece 22a and right adhesive piece 22b) connected with the inner wearer facing surface of the first belt (¶ 0050);
Wherein the first belt is separable along the frangible pathway to define a first belt zone (first belt zone comprising left front abdominal part 2a) and a second belt zone (second belt zone comprising right front abdominal part 2b and central front abdominal part 2c, fig. 1), wherein the first belt zone is laterally between the first side seam and the second belt zone (fig. 1), and
At least one opening facilitation feature located on at least one of the fastener component, the chassis, and the first belt (¶ 0065, ¶ 0111) wherein the at least one opening facilitation feature comprises an opening mechanical aid (projections 25, 26, (¶ 0065).
While Kusumi fails to disclose “wherein the fastening component is adapted to refastenably connect the first belt zone with at least one other component of the absorbent article in a disposal configuration, these limitations of claim 17 relate to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. The fastening component of Kusumi is adapted to refastenably connect the first belt zone with at least one other component of the absorbent article (¶ 0052) and doing so in a disposal configuration requires only routine skill in the art (See § MPEP 2114 II).
Kusumi fails to disclose an accessibility opening in the first belt.
Hasler teaches (fig. 1) an absorbent article (refastenable pant-like disposable undergarment 10) comprising: a first belt (front panel 12), a frangible pathway (tear line 74) in the first belt extending between a proximal terminus and a distal terminus (fig. 1, ¶ 0023), and an accessibility opening (ear flaps 96) in the first belt (fig. 1, ¶ 0034) in order to provide assistance in breaking the frangible pathway (¶ 0041).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the absorbent article of Kusumi such that it comprises an accessibility opening in the first belt, as taught by Hasler, in order to provide assistance in breaking the frangible pathway (Hasler ¶ 0041).
Kusumi in view of Hasler fail to disclose wherein the at least one opening facilitation feature comprises an opening mechanical aid defined by a three-dimensional aspect adjacent the accessibility opening and formed by a bend in the fastener component such that a portion of the first belt and/or a distal end region of the fastener component protrudes outwardly from a plane of the outer garment facing surface of the first belt.
Mueller teaches (fig. 1, 7) an absorbent article (10) and thus in the same field of endeavor, comprising:
A first belt (ear 30); a fastener component (fastening element 50); a three-dimensional aspect (fastener attachment bond 52/bond pattern 400c comprised of ultrasonic bonds, ¶ 0082, and thus three-dimensional) formed by a bend in the fastener component such that a portion of the first belt and/or a distal end region of the fastener component protrudes outwardly from a plane of an outer garment facing surface of the first belt (ultrasonic bonds form bends that protrude outwardly from a plane ¶ 0076, ¶ 0082), wherein such three-dimensional aspect is suitable for providing distinct visual characteristics such as instructional indicia (¶ 0082).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening mechanical aid of Kusumi in view of Hasler such that it comprises a three-dimensional aspect adjacent the accessibility opening and formed by a bend in the fastener component such that a portion of the first belt and/or a distal end region of the fastener component protrudes outwardly from a plane of the outer garment facing surface of the first belt, as taught by Mueller, as a three-dimensional bond pattern is suitable for providing distinct visual characteristics such as instructional indicia (Mueller ¶ 0082).
Regarding claim 18, Kusumi discloses wherein the at least one opening facilitation feature comprises:
An opening operational indicum adapted to indicate proper separation of the first belt along the frangible pathway (the breaking line part 17a may be colored, ¶ 0111); and
The opening mechanical aid (projections 25, 26) is adapted to at least one of: facilitate access to the fastener component (¶ 0065); grasp the fastener component; pull the fastener component away from the chassis; and separate the first belt along the frangible pathway.
Regarding claim 19, Kusumi discloses wherein the opening operational indicium comprises a three dimensional pattern (opening operational indicium is disposed on the breaking line part 17a which is a perforation, ¶ 0047. Kusumi in view of Hasler and further in view of Mueller disclose wherein the opening mechanical aid comprises a three-dimensional pattern (Mueller, bond pattern 400c comprised of ultrasonic bonds, ¶ 0082, and thus three-dimensional).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kusumi in view of Hasler and further in view of Mueller, as applied to claim 13 above, and further in view of Surushe.
Regarding claim 14, Kusumi in view of Hasler and further in view of Mueller fail to disclose wherein the opening mechanical aid is selected from a group consisting of a material with a higher coefficient of friction than the surrounding material and a three-dimensional pattern.
Surushe teaches (fig. 1A, 6) an absorbent article (10) and thus in the same field of endeavor, comprising: a fastener component (ear 155); and an opening mechanical aid (signal 164) adapted to grasp the fastener component (¶ 0070); wherein the opening mechanical aid is selected from a group consisting of a material with a higher coefficient of friction than the surrounding material and a three-dimensional pattern (¶ 0070) as such three-dimensional pattern is believed to intuitively indicate an area suitable for a thumb and/or finger grip ¶ 0070).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the opening mechanical aid of Kusumi in view of Hasler and further in view of Mueller such that it is selected from a group consisting of a material with a higher coefficient of friction than the surrounding material and a three-dimensional pattern, as taught by Surushe, as such three-dimensional pattern is believed to intuitively indicate an area suitable for a thumb and/or finger grip (Surushe, ¶ 0070).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Raycheck et al. (Pub. No.: US 2020/0060888 A1) discloses an absorbent article comprising a pattern of three-dimensional features. Nakaoka et al. (Pub. No.: US 2008/0021425 A1) discloses an absorbent article comprising a frangible pathway.
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 MEAGAN NGO whose telephone number is (571)270-1586. The examiner can normally be reached M - TH 8:00 - 4:00 PT.
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/MEAGAN NGO/Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781