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 Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive. Applicant has amended claim 1 with the limitations of claim 2. Claim 2 is now cancelled. Applicant argues claim 1 now clarifies that the first transversal direction is away from the longitudinal axis (i.e. rather than towards the longitudinal axis or centerline). Applicant argues in rejecting claim 2, the Office Action indicates Figures 1 and 3 of Kline meet the limitations of the claim. However, nothing in Figures 1 and 3 demonstrate that an attachment area extends into an area free of fastening elements in a first transversal direction that is away from a longitudinal axis. For example, even if the dotted box in Figure 3 of Kline is likened to an attachment area, neither Figure 1 nor Figure 3 provide any details regarding a fastening area, such that it is impossible to determine whether the attachment area extends into an area free of fastening elements in the transversal direction, as required by claim 1. Applicant further argues Figures 1 and 3 provide no teaching regarding where the retaining elements are positioned on the fastening element 48. The examiner respectfully disagrees. Element 14 identifies the retaining element (Kline para. 0047-0048) as the examiner previously identified with respect to the hook and loop elements (para. 0047). Fig. 3 clearly shows the fastening area 14 is smaller than the fastening element 49 in length and width and has fastener free zones around the fastening area 14. This argument is not persuasive.
With respect to claim 10, Applicant further argues the claimed fingerlift is patentably distinct from Ouellette’s grip tab (40). For example, claim 10 explains that the sheet formed base protrudes over an outer edge of at least one of the side portions and/or the second end portion to form the fingerlift. Applicant argues independent claim 1, from which claim 10 depends, also requires that the lower surface of the sheet formed base is attached to at least one of the side portions or the second end portion of the product. However, Ouellette’s grip tab (4) does not protrude over an outer edge of its product. Rather as seen in Fig. 3a, a fibrous web (62) extends beyond the grip tab (4) such that it dos not protrude over an outer edge. In response to this argument, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Ouellette is relied on to generally teach a fingerlift portion for a fastening element, which the combined teachings of Kline and Ouellette meet the limitations of claim 10. Applicant’s arguments are not persuasive and the rejection is maintained.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3-5, 7, 8, 10, 11, 15, 16, and 18-22 are rejected under 35 U.S.C. 102(b) as being anticipated by Kline et al. US Patent Application Publication 2002/0016581.
As to claim 1, Kline teaches a disposable absorbent hygiene product 20 comprising:
a chassis 22 having first 36 and second 38 end portions and a central portion 37 extending therebetween (Figure 12; paragraph 0033), the chassis 22 having:
a body facing surface intended to face the body of a wearer,
a garment facing surface intended to face away from the body of a wearer,
a longitudinal axis 100 extending in a longitudinal direction and defining a longitudinal direction from the first end portion towards the second end portion, and
a transversal axis 110 defining a transversal direction perpendicular to the longitudinal direction (Figure 12; paragraph 0033),
a liquid permeable topsheet 24 on the body facing surface,
a liquid impermeable backsheet 26 on the garment facing surface, and
an absorbent core 28 assembly comprising at least one absorbent core arranged between the topsheet and the backsheet (Figure 1; paragraph 0034),
the disposable absorbent hygiene product further comprising:
a pair of side portions30 extending on each side of the first end portion 36 in the transversal direction to fasten the disposable absorbent hygiene product to the waist of a wearer (Figure 1; paragraph 0042); and at least one fastener 40,48 arranged on at least one of side portions 30 and/or on the second end portion 38 of the disposable absorbent hygiene product 20 to fasten the disposable absorbent hygiene product to the waist of the wearer (Figure 1; paragraphs 0046-0047),
the fastener 40 comprises:
a sheet formed base 92 having a parallel upper and lower surface (11A and 11B; paragraph 0056),
with the lower surface being attached to at least one of the side portions or the second end portion of the disposable absorbent hygiene product (paragraph 0056),
wherein the sheet 92 formed base has a length 46 in the longitudinal direction and a width 45 in the transversal direction (Figure 3; paragraph 0077), and
at least one fastening area 14 comprising a plurality of discrete fastening elements having stems which project from the upper surface of the sheet formed base – where Kline teaches the retaining element 14 comprises hook and loop elements (paragraph 0047),
wherein the fastening area 14 (para. 0048) is present at a first distance from a first outer edge Xa of the sheet formed base (Figure 3), the first outer edge being arranged in a first transversal direction to form a first area free of fastening elements on the sheet formed base (Figures 3, 5A-5D),
wherein the fastener 48, 49 is attached to the disposable absorbent hygiene product in an attachment area 73 that overlaps at least partly with the fastening area 14 and extends into the first area free of fastening elements but does not extend beyond the first outer edge (Figures 11A and 11C; paragraphs 0055-0056).
Kline teaches the first transversal direction X is away from the longitudinal axis 100 – where Figure 1 shows longitudinal axis 100 (y) and Figure 3 shows what is well known in the art as the transverse axis X and longitudinal axis Y (Figures 1 and 3).
As to claim 3, the fastening area 14 is at a second distance from a second outer edge Xa (Kline; on the second side of the second fastener 48; Figures 1-3) of the sheet formed base, the second outer edge Xa being opposite the first outer edge Xa and arranged in a second transversal direction form a second area free of fastening elements on the sheet formed base (Kline Figures 1 and 2),
wherein the attachment area 73 extends into the second area free of fastening elements but does not extend beyond the second outer edge (Kline Figures 11A and 11C; paragraph 0055-0056).
As to claim 4, the fastening area 14 is present at a third distance from a third outer edge Yb of the sheet formed base (Figure 3),
the third outer edge Yb being arranged in a first longitudinal direction to form a third area free of fastening elements on the sheet formed base,
wherein the attachment area 73 extends into the third area free of fastening elements but does not extend beyond the third outer edge (Figure 15A).
As to claim 5, the fastening area 14 is present at a fourth distance from a fourth outer edge Ya (Figure 3) of the sheet formed base, the fourth outer edge Ya being arranged in a second longitudinal direction to form a fourth area free of fastening elements on the sheet formed base (Figure 3),
wherein the attachment area extends into the fourth area free of fastening elements but does not extend beyond the fourth outer edge (Figure 15A).
As to claim 7, Kline teaches the fastener is attached to the disposable absorbent hygiene product in the attachment area by adhesive, or welding, or heat sealing, or any combination thereof (paragraph 0054).
As to claim 8, Kline teaches the fastening elements 14 are hooks (paragraph 0047, 0050).
As to claim 10, Kline incorporates by reference (Kline paragraph 0090) Ouellette et al. USPN 5741318 who teaches the sheet formed base protrudes over an outer edge of at least one of the side portions and/or the second end portion thereby forming a fingerlift 40 (Figure 3A; col. 3, lines 51-58).
As to claim 11, Kline teaches the attachment area 73 is less than 5mm from the outer edge of at least one of the side portions and/or the second end portion as Kline teaches the attachment area 73 overlaps the side portions, which provides a distance of 0, which is less than 5mm from the outer edge of at least one of the side portions (Figures 11A and 11B; paragraph 0056).
As to claim 15, Kline teaches the side portions 30 are side panels (paragraph 0042), each comprising the fastener 48 and adapted to connect the first and second end portions to one another, when the product is being worn, the fasteners are attached to a contact region 49 on the second end portion (Figure 2; paragraph 0067).
As to claim 16, Kline teaches the disposable absorbent hygiene product 20 comprises a second pair of side portions 30 extending on each side of the second end portion in the transversal direction and,
wherein the side portions 30 on the first end portion are side panels each comprising the fastener 48 and adapted to connect the first and second end portions to one another (Figure 2; paragraph 0067), when the product is being worn, each fastener is attached to a respective contact region on the second pair of side portions – Figures 1 and 12 shows the fasteners 48 and contact regions 49 can be arranged on the first or second regions (paragraph 0048).
As to claim 18, Kline incorporates by reference (Kline paragraph 0041) LaVon et al. USPN 5397316 who teaches an absorbent core assembly comprising two absorbent cores in a stacked relationship (LaVon Figure 11; col. 21, lines 46-60)
As to claim 19, Kline incorporates by reference (Kline paragraph 0041) DesMarais et al. USPN 5260345 who teaches an acquisition layer 51 located between the liquid permeable topsheet 53 and the absorbent core assembly 52 (DesMarais Figure 2; col. 26, lines 37-44).
As to claim 20, Kline teaches the first area free of fastening elements is on a distal side of the sheet formed base (Figures 3, element Xa; Figure 8 at area 73; Figure 12 in waist region 38 at outboard edge of fastener 49).
As to claim 21, Kline teaches the at least one fastening area 14 is located inside an outer edge of the at least one of the side portions (Figure 3, at Xa; Figure 8, at area 73; Figure 12 in waist region 38 at outboard edge of fastener 49).
As to claim 22, Kline teaches there is a distance between an outer edge Xa of the at least one of the side portions and the at least one fastener 14 (Figure 3).
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 6, 9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kline et al. US Patent Application Publication 2002/0016581
As to claim 6, Kline does not specifically teach the first and/or second and/or third and/or fourth distance is 3-10 mm. However, Kline does teach the attachment areas can be various sizes and shapes (Figures 5A-5D; paragraph 0053). Kline teaches the fastening portion 14 may overlap a part of the attached portion 73 (Figure 8; paragraph 0045). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide a distance from the fastening area to the outer edge in the claimed range since Kline teaches only a portion of the fastening area 14 overlaps the attached portion (base sheet). Doing so would enable an fastener free area for allowing the user to grip the tab to don or remove the absorbent article.
As to claim 9, Kline teaches the first end portion is the rear region 38 of the disposable absorbent hygiene product, the second end portion is the front region 36 of the disposable absorbent hygiene product, and the central portion is the crotch region 37 – Kline generally teaches the front region 36 is the first end portion and the rear region 38 is the second end portion. However, Kline also teaches the side portions 30 on both the first and second regions and the fasteners 40 are present on the first and second regions. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the hook and loop fasteners on the first and/or second end regions, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
As to claim 12, Kline does not specifically teach the sheet formed base 92 protrudes over the outer edge of at least one of the side portions and/or the second end portion by at least 5mm. However, Kline does teach his invention allows the fastening elements to reorient themselves as various loads are applied during use, and the fastening system 40 is capable of staying fastened under a greater peel load than otherwise possible (paragraph 0040). Thus, one having ordinary skill in the art before the invention was originally filed would be able to determine through routine experimentation the extent the fastener base 92 needs to extend over the outer edge of the side portions to achieve the desired load (peel mode) to provide a good fit and stability when in use.
Claims 13, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kline et al. US Patent Application Publication 2002/0016581 in view of Karami et al. US Patent Application Publication 2002/0151858.
As to claim 13, Kline teaches the present invention substantially as claimed. While, Kline teaches the disposable absorbent hygiene product is applicable to other absorbent articles such as pull-ups, prefastened diapers, and other types of absorbent undergarments (paragraph 0032), Kline does not specifically teach the disposable hygiene product is a belt product and the side portions are first and second belt portions that secure to each other when wrapped around a waist of the wearer. Karami teaches an absorbent article having a laterally extending belt having two wing portions on the left and right sides adapted to engage with each other when the belt is wrapped around the torso of a wearer (Figures 1, 2, and 3; Abstract). Karami teaches the belted configuration is designed to fit snugly around different individual torso sizes and can be readily put on by an incontinent person with minimal discomfort and inconvenience (Karami paragraphs 0010 and 0012). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide a belted configuration for the invention of Kline for the benefits taught in Karami.
Kline/Karami teach a belt 11 having an exterior surface 19, wherein the first belt portion 13 has a free end 23 which carriers the fastener 23 that is adapted to be attached to an exterior surface of the second belt portion 15 (Karami Figures 1 and 2; paragraph 0045).
As to claim 14, Kline teaches the present invention substantially as claimed. While, Kline teaches the disposable absorbent hygiene product is applicable to other absorbent articles such as pull-ups, prefastened diapers, and other types of absorbent undergarments (paragraph 0032), Kline does not specifically teach the disposable hygiene product is a belt product and the side portions are first and second belt portions that secure to each other when wrapped around a waist of the wearer. Karami teaches an absorbent article having a laterally extending belt having two wing portions on the left and right sides adapted to engage with each other when the belt is wrapped around the torso of a wearer (Figures 1, 2, and 3; Abstract). Karami teaches the belted configuration is designed to fit snugly around different individual torso sizes and can be readily put on by an incontinent person with minimal discomfort and inconvenience (Karami paragraphs 0010 and 0012). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide a belted configuration for the invention of Kline for the benefits taught in Karami.
Kline/Karami teach a belt 11 having an exterior surface 19, wherein the first belt portion 13 is adapted to be attached to an exterior surface 19 of the second belt portion 15, and
wherein the second end portion 33 of the chassis 31 comprises the fastener 41, 43 that is adapted to secure the second end portion 33 to the belt portion 11 so that the product assumes a pant-like shape (Karami Figures 1, 2, and 3; paragraphs 0045-0047)
wherein the belt portions 11 form a part of a waist portion of the pant-like shape (Karami Figure 3).
As to claim 17, Kline/Karami teach the fastener 41, 43 is arranged in the second end portion 33 of the disposable absorbent hygiene product (Karami Figures 1 and 2) and,
wherein the topsheet (Karami paragraph 0047) and the backsheet (Karami paragraph 0047) are attached together at a bonding area (Karami paragraph 0047), the bonding area overlapping at least partly with the attachment area – where the fasteners 23, 27, and 29 are attached to the belt 11; and extending outside the attachment area in the first transversal direction where distal ends of the belt 11 extend transversely outside of the attachment areas 23 and 25 as they overlap the insert 31 (Karami Figures 1, 2, and 3).
Conclusion
THIS ACTION IS MADE FINAL. 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 JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781