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 .
Election/Restrictions
Claims 16-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 10, 2025.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 5, 8 and 11 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by EP 0 726 752 (translation as provided in IDS filed 2/6/2025).
With reference to claim 1, EP 0 726 752 (hereinafter “Hartmann”) discloses an absorbent substrate [0002] comprising:
an intake layer (26) comprising a first plurality of fibers (i.e., cross-linked cellulose fibers) as set forth in [0022]; and
an absorbent layer (28) comprising superabsorbent material as set forth in [0023], the superabsorbent material comprising greater than 80% of the absorbent layer by total weight of the absorbent layer [0023], the superabsorbent material being configured as particles (i.e., granules), fibers, or a combination thereof as set forth in [0023];
wherein the intake layer and the absorbent layer provide an integrated material including an interface (30) between the intake layer and the absorbent layer, the interface including at least some of the first plurality of fibers of the intake layer mixed with at least some of the absorbent layer as set forth in [0015].
As to claim 2, Hartmann discloses an absorbent substrate wherein the absorbent layer (28) further comprises a second plurality of fibers (i.e., non-crosslinked cellulosic fibers), and wherein the interface includes at least some of the first plurality of fibers of the intake layer being mixed with at least some of the second plurality of fibers of the absorbent layer as set forth in [0015].
With respect to claim 5, Hartmann discloses an absorbent substrate wherein the second plurality of fibers of the absorbent layer comprise absorbent fibers and binder fibers (i.e., fusible fibers) as set forth in [0333].
Regarding claim 8, Hartmann discloses 8. absorbent substrate of claim 1,wherein the first plurality of fibers of the intake layer comprise synthetic fibers (i.e., plastic) and binder fibers (i.e., fusible fibers) as set forth in [0033].
With reference to claim 11, Hartmann discloses a personal care absorbent (i.e., diaper, sanitary napkin or incontinence product) that includes the absorbent substrate as set forth in the abstract.
Claims 12 and 15 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Delzer et al. (US 2003/0134559).
With respect to claim 12, Delzer et al. (hereinafter “Delzer”) discloses an absorbent substrate [0001] comprising:
an intake layer (20) comprising a first plurality of fibers (i.e., a fibrous layer) as set forth in [0064];
an absorbent layer (6) comprising a first surface and a second surface, the first surface of the absorbent layer being disposed adjacent the intake layer (figure 2), the absorbent layer comprising:
superabsorbent material [0067] providing greater than 80% weight of the absorbent layer (by total weight of the absorbent layer) [0068], the superabsorbent material being configured as particles, fibers, or a combination thereof [0077]; and
a second plurality of fibers providing less than 20% weight of the absorbent layer (by total weight of the absorbent layer) [0080];
wherein the absorbent layer is substantially free of adhesive (see embodiment of [0082] where core includes 80%SAP, 10% cellulose acetate and 10% conventional fluff pulp for a total of 100% with substantially no adhesive provided); and
a containment layer (18 and/or 20 as discussed in [0064]) comprising a third plurality of fibers [0064.00084], the absorbent layer being disposed between the intake layer and the containment layer such that the intake layer is disposed adjacent the first surface of the absorbent layer and the containment layer is disposed adjacent the second surface of the absorbent layer, and wherein the containment layer does not extend over the first surface of the absorbent layer as shown in figure 2.
As to claim 15, Delzer discloses a personal care article including the absorbent substrate as set forth in [0002].
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over EP 0 726 752 and further in view of Neogi et al. (US 2016/0244916).
With reference to claim 3, Hartmann teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Hartmann and claim 3 is the provision that the second plurality of fibers comprise fibers having a fiber length of greater than about 1.0 mm.
Neogi et al. (hereinafter “Neogi”) teaches an analogous absorbent structure including absorbent material and having a second plurality of fibers with a fiber length of greater than 1.0 mm as set forth in the abstract.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the second plurality of fibers of Hartmann with a fiber length of greater than 1.0mm in order to provide product durability as taught by Neogi in [0004].
With reference to claim 4, Hartmann teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Hartmann and claim 4 is the provision that the second plurality of fibers comprise NBSK fibers.
Neogi teaches an analogous absorbent structure including absorbent material and having a second plurality of fibers comprising NBSK fibers as set forth in [0009].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the second plurality of fibers of Hartmann with NBSK fibers due to its comparatively lower coarseness and higher fiber length as taught by Neogi in [0056].
Claims 6-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over EP 0 726 752 and further in view of EP 2 211 376.
With reference to claim 6, Hartmann teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Hartmann and claim 6 is the provision that the second plurality of fibers comprise at least 20% by weight absorbent fibers and at least 20% by weight binder fibers (by total weight of the second plurality of fibers).
EP 0 211 376 (hereinafter “Becker”) teaches an analogous absorbent substrate including at least 20% by weight absorbent fibers and at least 20% by weight binder fibers as set forth on page 9, lines 1-5.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the substrate of Hartmann with the percentages as taught by Becker in an effort to minimize strikethrough as taught by Becker on page 2, lines 28-31.
With reference to claim 7, Hartmann teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Hartmann and claim 7 is the provision that the second plurality of fibers comprises synthetic fibers including a length of at least 4.0mm.
Becker teaches an analogous absorbent substrate including a second plurality of fibers comprising synthetic fibers including a length of at least 4.0mm as set forth on page 14, line 26.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the substrate of Hartmann with the percentages as taught by Becker in an effort to minimize strikethrough as taught by Becker on page 2, lines 28-31.
With reference to claim 9, Hartmann teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Hartmann and claim 9 is the provision that the first plurality of fibers of the intake layer comprise at least 50% synthetic fibers and at least 20% binder fibers (by total weight of the intake layer).
Becker teaches an analogous absorbent substrate including a first plurality of fibers comprising at least 50% synthetic fibers (i.e., polyester) and at least 20% binder fibers (i.e., polyethylene) as set forth on page 5, line 10 to page 6, line 6 and on page 8, lines 31-34 where Becker discloses that the configuration taught on page 5 is suitable for the absorbent body.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the substrate of Hartmann with the percentages as taught by Becker in an effort to minimize strikethrough as taught by Becker on page 2, lines 28-31.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over EP 0 726 752.
With reference to claim 10, Hartmann teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Hartmann and claim 10 is the provision that the absorbent substrate comprises an Internal Cohesion Test dry value greater than 0.4.
As set forth in the rejection of claim 1, Hartmann teaches an absorbent substrate that is identical to that disclosed.
While Hartmann does not explicitly recite an Internal Cohesion Test value, one of ordinary skill in the art would reasonably expect the absorbent substrate of Hartmann to produce an identical Internal Cohesion Test result identical to that claimed since the absorbent substrate of Hartmann is identical to that claimed. It has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Delzer et al. (US 2003/0134559).
With reference to claim 13, Delzer teaches the invention substantially as claimed as set forth in the rejection of claim 12.
The difference between Delzer and claim 13 is the explicit recitation that the second plurality of fibers of the absorbent layer comprise at least 20% by weight absorbent fibers and at least 20% by weight binder fibers (by total weight of the second plurality of fibers).
Delzer discloses that the secondary plurality of fibers may include both absorbent (i.e., cotton) and binder (i.e., polyolefin/polyester) fibers and/or blends of both materials in an amount between 5 and 50% as set forth in [0068-0069].
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the amount(s) of the desired materials to provide a specific range since Delzer provides the motivation to provide 20% of either and/or both materials as set forth in [0068-0069].
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Delzer et al. (US 2003/0134559) and further in view of EP 2 211 376.
With reference to claim 14, Delzer teaches the invention substantially as claimed as set forth in the rejection of claim 12.
The difference between Delzer and claim 14 is the provision that the first plurality of fibers of the intake layer comprise at least 50% synthetic fibers and at least 20% binder fibers (by total weight of the intake layer).
Becker teaches an analogous absorbent substrate including a first plurality of fibers comprising at least 50% synthetic fibers (i.e., polyester) and at least 20% binder fibers (i.e., polyethylene) as set forth on page 5, line 10 to page 6, line 6 and on page 8, lines 31-34 where Becker discloses that the configuration taught on page 5 is suitable for the absorbent body.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the substrate of Delzer with the percentages as taught by Becker in an effort to minimize strikethrough as taught by Becker on page 2, lines 28-31.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Everett et al. (US 6,383,960) discloses a layered absorbent structure including high amounts of superabsorbent material.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELE KIDWELL/ Primary Examiner, Art Unit 3781