DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-3, 5-16, and 18-19 are currently pending. Claims 1, 5-6, 13, and 18 are currently amended. Claims 4, 17, 20-21 are cancelled. No new subject matter is added.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Markovich et al. (US 20060135936 A1), hereinafter referred to as “Markovich” in view of Johnson et al. (US 20200163810 A1), hereinafter referred to as “Johnson”.
Regarding Claim 1, Markovich teaches an absorbent article (see Abstract) comprising:
a first belt (front body panel 4) comprising an inner wearer facing surface (having an inner surface 10, see Figure 1-2) and an outer garment facing surface (outer surface 12, see Figure 1-2), the first belt further comprising a laterally extending inner edge (see below) and a laterally extending outer edge (see below), the outer edge positioned longitudinally outward of the inner edge (see below);
a second belt (rear body panel 6), wherein laterally opposing end portions of the second belt are connected with laterally opposing end portions of the first belt at a first side seam and a second side seam (the opposite side edges 24 of the front body panel 4 are joined to the opposite side edges 28 of the rear body panel 6 to form a seam 39, see Paragraph [0036]; seams 39) to form a waist opening (see Figure 1);
a chassis comprising a topsheet (absorbent composite includes a substantially liquid permeable topsheet, or liner, see Paragraph [0044]), a backsheet (a substantially liquid impermeable backsheet, or outer cover, see Paragraph [0044]), and an absorbent core positioned between the topsheet and the backsheet (a retention portion 70 is disposed or sandwiched between the topsheet and the backsheet, see Paragraph [0044]), the chassis comprising a longitudinally extending first side edge and a longitudinally extending second side edge laterally (the retention portion 70 has laterally opposed side edges 74, see Figure 1) separated from the first side edge by a first end edge and a second end edge longitudinally separated from the first end edge (first and second longitudinally opposed terminal end edges 60, 62, see Figure 2; Paragraph [0044]), and wherein longitudinally opposing end regions of the chassis are connected with the first belt and the second belt (connected to front panel 4 and rear panel 6 respectively, see Figure 2);
wherein a portion of the chassis overlaps the inner wearer facing surface of the first belt to define a chassis overlap region (first terminal end edge 60 overlapping the panel 4, see Figure 2);
a frangible pathway (line of weakness 37) in the first belt extending across the overlap region between a proximal terminus on the inner edge and a distal terminus on the outer edge of the first belt (the lines of weakness can be positioned along any portion of the first and/or second body panels, see Paragraph [0026]), the frangible pathway comprising a first tear zone (top area of line of weakness 37) extending from the overlap region to the distal terminus (the lines of weakness can be positioned along any portion of the first and/or second body panels, see Paragraph [0026]), and a second tear zone (bottom area of line of weakness 37) extending from the overlap region to the proximal terminus (the lines of weakness can be positioned along any portion of the first and/or second body panels, see Paragraph [0026]); and
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a fastener component (42).
However, Markovich does not explicitly disclose a fastener component on the inner wearer facing surface of the first belt in the overlap region; and an accessibility opening in the first belt in the overlap region positioned between the first tear zone and the inner edge of the first belt, wherein the accessibility opening is a slit in the first belt.
Johnson teaches an absorbent article with front and rear opening features (10, see Abstract; Figures 1-5) comprising a fastener component (attachment zone 45 such as high-strength attachment zones 47, the secondary high strength attachment zones 65, see Figure 5) on the inner wearer facing surface of the first belt in the overlap region (on the first belt 12 where the absorbent insert 16 is overlapping, see Figure 5); and an accessibility opening (recess 49 may be sized to receive one or more fingers of a user or caregiver in order to provide a location for easy starting of tearing the weakened region 15, see Paragraph [0193]) in the first belt in the overlap region positioned between the first tear zone (top portion of weakened region 15) and the inner edge of the first belt (see Figure 5), wherein the accessibility opening comprises a slit in the first belt (the recess 49 defines a region where there is no attachment between the front waist panel 12 and the absorbent insert 16, see Paragraph [0192]; configured to receive fingers for tearing the weakened region 15, see Paragraph [0193]).
Markovich and Johnson are analogous art because both teach an absorbent article having a refastenable element.
It would obvious to modify the fastener component of Markovich and replace it with the fastener element on the inner wearer facing surface of the first belt in the overlap region and accessibility opening comprises a slit, as taught by Johnson. Johnson teaches its beneficial for closed-sided articles designed to be easy to open and easy to fold and maintain a folded shape. In general, the absorbent articles disclosed herein are constructed so as to have a front waist panel or a rear waist panel that is removably attached to an absorbent insert and which includes a weakened region that is easy to tear open (see Paragraph [0005]).
Regarding Claim 2, Markovich and Johnson teaches all of the limitations, as discussed above in claim 1 and Markovich further teaches wherein the distal terminus and the proximal terminus are positioned laterally between the first side edge of the chassis and the first side seam (proximal and distal terminus positioned between the first side edge of absorbent composite 50 and side seam 24, see Figure 2).
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Regarding Claim 3, Markovich and Johnson teaches all of the limitations, as discussed above in claim 1 and Johnson further teaches wherein the first tear zone extends from the accessibility opening to the distal terminus (see below), and the second tear zone extends from the accessibility opening to the proximal terminus (see below).
Regarding Claim 5, Markovich and Johnson teaches all of the limitations, as discussed above in claim 1 and Johnson further teaches wherein the slit extends along a line in a lateral direction to define a length of about 5 mm to about 50 mm (the recess width 55 may be about 10 mm, see Paragraph [0193]) and an angle from about 0 degrees to about 10 degrees with respect to the inner edge of the first belt (parallel to the inner edge of the front waist panel 12, see Figure 5).
Regarding Claim 6, Markovich and Johnson teaches all of the limitations, as discussed above in claim 1 and Johnson further teaches wherein the first belt is separable along the frangible pathway to define a first belt zone and a second belt zone (wearer or a caregiver may tear open the front waist panel 12 along the weakened region 15 to separate the front waist panel 12 into two separate front waist panel portions, see Paragraph [0085]; left and right side of front panel 12 when separated).
Regarding Claim 7, Markovich and Johnson teaches all of the limitations, as discussed above in claim 6 and Johnson further teaches 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 (the first adhesive may have a refastenable property where the front waist panel 12 may be able to be re-applied to the absorbent insert 16 after separation and maintain the re-attachment with the insert 16, see Paragraph [0189]).
Regarding Claim 12, Markovich and Johnson teaches all of the limitations, as discussed above in claim 1 and Johnson further teaches wherein the wherein the fastener component comprises an adapted to refastenably connect with at least one other component of the absorbent article in a disposal configuration (the first adhesive may have a refastenable property where the front waist panel 12 may be able to be re-applied to the absorbent insert 16 after separation and maintain the re-attachment with the insert 16, see Paragraph [0189]).
Claims 8-10, 13-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Markovich and Johnson as applied to claim 1 above, and further in view of Kusumi et al. (US 20080015534 A1), hereinafter referred to as “Kusumi”.
Regarding Claim 8, Markovich and Johnson teaches all of the limitations, as discussed above in Claim 7 and Johnson further teaches the fastener component (attachment zones 47) extending from the first belt (extending front waist panel 12) towards the backsheet (out cover 18, see Figure 8A). However, Markovich and Johnson does not explicitly disclose wherein the fastener component comprises hooks.
Kusumi teaches an absorbent article (1), wherein the fastener component comprises hooks (examples of the adhesive parts 27 and may include a hook-side member with a fine hook structure in freely detachable engagement with the loop-side member being densely formed on its surface, see Paragraph [0060]; Figures 7).
Markovich, Johnson, and Kusumi are analogous art because all teach an absorbent article with a fastening component.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the adhesive attachment zones of Modified Markovich and replace them with a fastener component comprising hooks, as taught by Kusumi. Kusumi teaches it beneficial to provide disposable pants allowing easy breaking operation (see Paragraph [0004]).
Regarding Claim 9, Modified Markovich teaches all of the limitations, as discussed above in Claim 8 and Kusumi further teaches wherein the backsheet (42) comprises a laminate comprising a nonwoven layer and a film layer (the adhesive part 23, a plastic film composite material having on its surface a nonwoven fabric, a woven fabric or the like which is suitably used as a loop-side member for a hook-and-loop fastener is used for example, see Paragraph [0061]).
Regarding Claim 10, Modified Markovich teaches all of the limitations, as discussed above in Claim 8 and Kusumi further wherein the hooks (27) are in direct contact with the film layer (23) and not refastenably connected with the film layer (adhesive portion 27 is connected to the woven fabric formed on surface of adhesive 23 which is suitably used as a loop-side member for a hook-and-loop fastener, see Paragraph [0061]).
Regarding Claim 13, Markovich teaches an absorbent article (see Abstract) comprising:
a first belt (front body panel 4) comprising an inner wearer facing surface (having an inner surface 10, see Figure 1-2) and an outer garment facing surface (outer surface 12, see Figure 1-2), the first belt further comprising a laterally extending inner edge (see above) and a laterally extending outer edge (see above), the outer edge positioned longitudinally outward of the inner edge (see above);
a second belt (rear body panel 6), wherein laterally opposing end portions of the second belt are connected with laterally opposing end portions of the first belt at a first side seam and a second side seam (the opposite side edges 24 of the front body panel 4 are joined to the opposite side edges 28 of the rear body panel 6 to form a seam 39, see Paragraph [0036]; seams 39) to form a waist opening (see Figure 1);
a chassis comprising a topsheet (absorbent composite includes a substantially liquid permeable topsheet, or liner, see Paragraph [0044]), a backsheet (a substantially liquid impermeable backsheet, or outer cover, see Paragraph [0044]), and an absorbent core positioned between the topsheet and the backsheet (a retention portion 70 is disposed or sandwiched between the topsheet and the backsheet, see Paragraph [0044]), the chassis comprising a longitudinally extending first side edge and a longitudinally extending second side edge laterally (the retention portion 70 has laterally opposed side edges 74, see Figure 1) separated from the first side edge by a first end edge and a second end edge longitudinally separated from the first end edge (first and second longitudinally opposed terminal end edges 60, 62, see Figure 2; Paragraph [0044]), and wherein longitudinally opposing end regions of the chassis are connected with the first belt and the second belt (connected to front panel 4 and rear panel 6 respectively, see Figure 2);
wherein a portion of the chassis overlaps the inner wearer facing surface of the first belt to define a chassis overlap region (first terminal end edge 60 overlapping the panel 4, see Figure 2); and
a frangible pathway (line of weakness 37) in the first belt extending across the overlap region between a proximal terminus on the inner edge and a distal terminus on the outer edge of the first belt (the lines of weakness can be positioned along any portion of the first and/or second body panels, see Paragraph [0026]);
wherein the first frangible pathway comprises: a first tear zone (top area of line of weakness 37) extending across the overlap region between the first end edge of the chassis and the fastener component to the distal terminus (the lines of weakness can be positioned along any portion of the first and/or second body panels, see Paragraph [0026]); and a second tear zone (bottom area of line of weakness 37) extending across the overlap region between the inner edge of the first belt and the fastener component to the proximal terminus (the lines of weakness can be positioned along any portion of the first and/or second body panels, see Paragraph [0026]); and
a fastener component (42).
However, Markovich does not explicitly disclose a fastener component on the inner wearer facing surface of the first belt in the overlap region.
Johnson teaches an absorbent article with front and rear opening features (10, see Abstract; Figures 1-5) comprising a fastener component (attachment zone 45 such as high-strength attachment zones 47, the secondary high strength attachment zones 65, see Figure 5) on the inner wearer facing surface of the first belt in the overlap region (on the first belt 12 where the absorbent insert 16 is overlapping, see Figure 5).
Markovich and Johnson are analogous art because both teach an absorbent article having a refastenable element.
It would obvious to modify the fastener component of Markovich and replace it with the fastener element on the inner wearer facing surface of the first belt in the overlap region, as taught by Johnson. Johnson teaches its beneficial for closed-sided articles designed to be easy to open and easy to fold and maintain a folded shape. In general, the absorbent articles disclosed herein are constructed so as to have a front waist panel or a rear waist panel that is removably attached to an absorbent insert and which includes a weakened region that is easy to tear open (see Paragraph [0005]).
Markovich and Johnson teaches all of the limitations, as discussed above and Johnson further teaches the fastener component (attachment zones 47) extending from the first belt (extending front waist panel 12) towards the backsheet (out cover 18, see Figure 8A). However, Markovich and Johnson does not explicitly disclose wherein the fastener component comprises hooks.
Kusumi teaches an absorbent article (1), wherein the fastener component comprises hooks (examples of the adhesive parts 27 and may include a hook-side member with a fine hook structure in freely detachable engagement with the loop-side member being densely formed on its surface, see Paragraph [0060]; Figures 7).
Markovich, Johnson, and Kusumi are analogous art because all teach an absorbent article with a fastening component.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the adhesive attachment zones of Modified Markovich and replace them with a fastener component comprising hooks, as taught by Kusumi. Kusumi teaches it beneficial to provide disposable pants allowing easy breaking operation (see Paragraph [0004]).
Regarding Claim 14, Modified Markovich teaches all of the limitations, as discussed above in claim 13 and Markovich further teaches wherein the distal terminus and the proximal terminus are positioned laterally between the first side edge of the chassis and the first side seam (proximal and distal terminus positioned between the first side edge of absorbent composite 50 and side seam 24, see Figure 2).
Regarding Claim 15, Modified Markovich teaches all of the limitations, as discussed above in claim 14 and Johnson further teaches wherein the first belt is separable along the frangible pathway to define a first belt zone and a second belt zone (wearer or a caregiver may tear open the front waist panel 12 along the weakened region 15 to separate the front waist panel 12 into two separate front waist panel portions, see Paragraph [0085]; left and right side of front panel 12 when separated).
Regarding Claim 16, Modified Markovich teaches all of the limitations, as discussed above in claim 15 and Johnson further teaches wherein the 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 (the first adhesive may have a refastenable property where the front waist panel 12 may be able to be re-applied to the absorbent insert 16 after separation and maintain the re-attachment with the insert 16, see Paragraph [0189]).
Regarding Claim 18, Modified Markovich teaches all of the limitations, as discussed above in Claim 13 and Kusumi further teaches wherein the backsheet (42) comprises a laminate comprising a nonwoven layer and a film layer (the adhesive part 23, a plastic film composite material having on its surface a nonwoven fabric, a woven fabric or the like which is suitably used as a loop-side member for a hook-and-loop fastener is used for example, see Paragraph [0061]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Markovich and Johnson as applied to claim 1 above, and further in view of Schmoker et al. (US 20080114322 A1), hereinafter referred to as “Schmoker”.
Regarding Claim 11, Markovich and Johnson teaches all of the limitations, as discussed above in Claim 1. However, Markovich and Johnson does not explicitly disclose an opening operational indicium adapted to at least one of: facilitate location of the accessibility opening and indicate proper separation of the first belt along the frangible pathway.
Schmoker teaches an adjustable pant-like disposable absorbent undergarment (10, see Abstract; Figure 1) comprising an opening operational indicium adapted to at least one of: facilitate location of the accessibility opening and indicate proper separation of the first belt (12) along the frangible pathway (each of the pair of tear facilitation members 86 and 88 can be highlighted to be visually distinguishable from the front body panel 12, see Paragraph [0054]).
Markovich, Johnson, and Schmoker are analogous art because all teach are analogous art because all teach an absorbent article with a frangible pathway.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the frangible pathway and Modified Markovich and further include operational indicium, as taught by Schmoker. Schmoker teaches its beneficial having a body panel for an adjustable, pant-like disposable absorbent undergarment has been invented, as well as the undergarment itself, that utilizes a pair of tear facilitation members to easily cause the first and second lines of weakness to be broken (see Paragraph [0004]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Markovich, Johnson, and Kusumi as applied to claim 13 above, and further in view of Schmoker et al. (US 20080114322 A1), hereinafter referred to as “Schmoker”.
Regarding Claim 19, Modified Markovich teaches all of the limitations, as discussed above in Claim 13. However, Modified Markovich does not explicitly disclose an opening operational indicium adapted to indicate proper separation of the first belt along the frangible pathway.
Schmoker teaches an adjustable pant-like disposable absorbent undergarment (10, see Abstract; Figure 1) comprising an opening operational indicium adapted to indicate proper separation of the first belt along the frangible pathway (each of the pair of tear facilitation members 86 and 88 can be highlighted to be visually distinguishable from the front body panel 12, see Paragraph [0054]).
Markovich, Johnson, Kusumi, and Schmoker are analogous art because all teach are analogous art because all teach an absorbent article with a frangible pathway.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the frangible pathway and Modified Markovich and further include operational indicium, as taught by Schmoker. Schmoker teaches its beneficial having a body panel for an adjustable, pant-like disposable absorbent undergarment has been invented, as well as the undergarment itself, that utilizes a pair of tear facilitation members to easily cause the first and second lines of weakness to be broken (see Paragraph [0004]).
Response to Arguments
Applicant's arguments filed 09/30/2025 have been fully considered but they are not persuasive.
Specifically, Applicant argues in claim 1 that the recess (49) of Johnson does not teach the accessibility opening being a slit in the first belt. The examiner respectfully disagrees that the recessed portion (49) of Johnson fails to read on an accessibility opening being a slit. As described in Paragraph [0193], the recess (49) is configured to receive one or more fingers of a user or caregiver in order to provide a location for easy starting of tearing the weakened region. Also, Paragraph [00192] describes the recess (49) defines a region where there is no attachment between the front waist panel (12) and the absorbent insert (16). Therefore, it can be understood the recess side edges (50, 51, and 52) to be slits where the fingers can be received as described previously. Therefore, Claim 1 remains rejected by Markovich in view of Johnson.
Specifically, Applicant argues in claims 8 and 13 that Kusumi fails to teach the limitation wherein the hooks extend from the first belt and toward the backsheet”. The applicant argues that the adhesive parts (27) are connected with adhesive pieces (22a) that are folded such a way that the adhesive parts are facing away from the backsheet. The examiner respectfully disagrees that the fastener component comprising hooks (adhesive 27 including a hook-side member) of Kusumi fails to read on the limitations. As described above, Johnson teaches that the fastener components extend from the first belt toward the backsheet. Kusumi is only used to modify the fastening component to comprise hooks. Therefore, Claims 8 and 13 remain rejected by Markovich, Johnson, and Kusumi.
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 ERIC RASSAVONG whose telephone number is (408)918-7549. The examiner can normally be reached Monday - Friday 9:00am-5:30pm PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC RASSAVONG/ (2/24/2026)Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781