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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/23/2026 has been entered.
Response to Amendment
The amendment filed 06/23/2026 has been entered. Claim 17 has been amended. Claims 1-16 and 18-20 are cancelled. Claims 21-28 are new. Claims 17, 21-28 remain pending in this application.
Response to Arguments
The objection to claim 18 is withdrawn as claim 18 has been cancelled.
Applicant’s arguments with respect to claim(s) 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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.
Claim(s) 17 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pozniak et al. (Pat. No.: US 6,508,797 B1).
Regarding claim 17¸ Pozniak discloses (fig. 1, 4, annotated fig. 1) an absorbent article (diaper 20) comprising:
A chassis (28) comprising a topsheet (bodyside liner 44), a backsheet (outer cover 42), and an absorbent core (46) positioned between the topsheet and the backsheet (col. 5, ln. 66-col. 6, ln. 4), the chassis further comprising a first end region (see edge 32 in front waist region 22) and a second end region (see edge 32 in the back waist region 24) separated from the first end region by a crotch region (26) (see pair of longitudinally opposed waist edges 32, col. 5, ln. 55-57);
A first belt (characterized by front panels 70) comprising a first end region and a second end region laterally separated from the first end region by a central region, the first end region of the chassis connected with the central region of the first belt (see permanent bonds 64 that provide permanent joint 76, col. 6, ln. 27-30), wherein the first belt further comprises an inner wearing facing surface and an outer garment facing surface (fig. 1);
A second belt (characterized by back panels 72) comprising a first end region and a second end region laterally separated from the first end region by a central region, the second end region of the chassis connected with the central region of the second belt (see permanent joint 76, col. 11, ln. 8-12), 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 and wherein the second end region of the first belt is connected with the second end region of the second belt at a second side seam to form a waist opening (see side seams 74, col. 11, ln. 12-16);
A frangible pathway (line of weakness 62) in the first pelt extending between a proximal terminus and a distal terminus (fig. 1, col. 6, ln. 25-27);
A fastener component (fastener 60) connected with the inner facing surface of the first belt (fig. 1);
Wherein the first belt is separable along the frangible pathway to define a first belt zone and a second belt zone (annotated fig. 1, col. 14, ln. 29-45), wherein the first belt zone is laterally between the first side seam and the second belt zone (annotated fig. 1), and wherein the fastener component is adapted to refastenably connect the first belt zone with at least one other component of the absorbent article in a disposal configuration (col. 15, ln. 39-50); and
Wherein a region of the fastener component protrudes outwardly from a plane of the outer garment facing surface of the first belt (fig. 1).
Pozniak fails to disclose that the region of the fastener is “to facilitate grasping the fastener component, pulling the fastener component away from the chassis, and separating the first belt along the frangible pathway”. However, such limitation relates to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. The region of the fastener component of Pozniak is capable of being used to facilitate grasping the fastener component, pulling the fastener component away from the chassis, and separating the first belt along the frangible pathway since it protrudes outwardly from a plane of the outer garment facing surface of the first belt and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
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Pozniak annotated fig.1
Regarding claim 21, Pozniak discloses wherein the region of the fastener component comprises a distal end region (fig. 1).
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) 22-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pozniak as applied to claims 21 above, and further in view of Ichikawa et al. (Pub. No.: US 2007/0233033 A1).
Regarding claim 22, Pozniak fails to disclose wherein the distal end region of the fastener component is displaced from a planar region of a remainder of the fastener component.
Ichikawa teaches (fig. 1) an absorbent article (diaper 1-3) and thus in the same field of endeavor, comprising: a fastener component (joining member 8), wherein a region of the fastener component (finger grip 9) protrudes outwardly from a plane (fig. 1), wherein the region of the fastener component comprises a distal end region (fig. 1), and wherein the distal end region of the fastener component is displaced from a planar region of a remainder of the fastener component (fig. 1), the distal end region of the fastener component configured to serve as a starting point of rupture (¶ 0030).
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 distal end region of the fastener component of Pozniak such that it is displaced from a planar region of a remainder of the fastener component, as taught by Ichikawa, in order to provide a starting point of rupture (Ichikawa ¶ 0030).
Regarding claim 23, Pozniak fails to disclose wherein a portion of the first belt covering the distal end region of the fastener component protrudes outwardly from the plane of the outer facing garment surface of the first belt.
Ichikawa teaches (fig. 1) an absorbent article (diaper 1-3) and thus in the same field of endeavor, comprising: a fastener component (joining member 8), wherein a region of the fastener component (finger grip 9) protrudes outwardly from a plane (fig. 1), wherein the region of the fastener component comprises a distal end region (fig. 1), and wherein a portion of the fastener component protrudes outwardly from a plane of the article (fig. 1), the distal end region of the fastener component configured to serve as a starting point of rupture (¶ 0030).
Regarding claim 24, Pozniak fails to disclose wherein the fastener component comprises a deformation that causes the distal end region of the fastener component to be displaced from the plane of the outer garment facing surface of the first belt.
Ichikawa teaches (fig. 1) an absorbent article (diaper 1-3) and thus in the same field of endeavor, comprising: a fastener component (joining member 8), wherein a region of the fastener component (finger grip 9) protrudes outwardly from a plane (fig. 1), wherein the region of the fastener component comprises a distal end region (fig. 1), and wherein the fastener component comprises a deformation that causes the distal end region of the fastener component to be displaced from the plane of the outer garment facing surface of the first belt (fig. 1), the distal end region of the fastener component configured to serve as a starting point of rupture (¶ 0030).
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 fastener component of Pozniak such that it comprises a deformation that causes the distal end region of the fastener component to be displaced from the plane of the outer garment facing surface of the first belt, as taught by Ichikawa, in order to provide a starting point of rupture (Ichikawa ¶ 0030).
Regarding claim 25, as discussed above in claim 24, Pozniak in view of Ichikawa disclose the deformation. Pozniak in view of Ichikawa further disclose wherein the deformation comprises a curl (Ichikawa fig. 1).
Regarding claim 26, as discussed above in claim 24, Pozniak in view of Ichikawa disclose the deformation. Pozniak in view of Ichikawa further disclose wherein the deformation comprises a bend (Ichikawa fig. 1).
Claim(s) 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pozniak, as applied to claim 17 above, and further in view of Elsberg et al. (Pub. No.: US 2002/0173768 A1).
Regarding claim 27, Pozniak fails to disclose wherein the frangible pathway extends through the fastener component.
Elsberg teaches (fig. 6-10) an absorbent article (20) and thus in the same field of endeavor, comprising: a frangible pathway (perforations 80); and a fastener component (fastening system 60), wherein the frangible pathway extends through the fastener component (fig. 6, ¶ 0089, ¶ 0091), the frangible pathway configured to provide a secondary fastener to further conform the waist region of the diaper to the waist of the wearer (¶ 0084).
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 frangible pathway of Pozniak such that it extends through the fastener component, as taught by Elsberg, in order to provide a secondary fastener to further conform the waist region of the diaper to the waist of the wearer (Elsberg ¶ 0084).
Regarding claim 28, as discussed above in claim 27, Pozniak in view of Elsberg disclose wherein the frangible pathway extends through the fastener component. Pozniak in view of Elsberg further disclose wherein the frangible pathway divides the fastener component into a first fastener part and a second fastener part (Elsberg, primary fastener 62, secondary fastener 84, ¶ 0091).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Back (Pub. No.: US 2010/0234822 A1) discloses an absorbent article having a frangible pathway.
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/MEAGAN NGO/Examiner, Art Unit 3781
/ANDREW J MENSH/Primary Examiner, Art Unit 3781
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