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 .
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.
Claim(s) 17, 20-21, and 26-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitsui et al. (8,287,511).
With respect to claim 17, Mitsui discloses an absorbent article, as shown in figure 1, comprising a chassis comprising a liquid permeable topsheet 11, a liquid impermeable backsheet 12, and an absorbent core 13. At least one elastically elongatable panel 8 is joined to the chassis and comprises at least one cover layer 23 and an elastomeric film 24, as shown in figure 3 and disclosed in column 5, lines 21-23. The cover layer 23 and elastomeric film 24 are joined by mechanical bonding at a plurality of discrete bonding elements 26, as shown in figure 3 and disclosed in column 5, lines 9-12. The panel 8 has a panel length extending substantially parallel to a transverse axis of the chassis, as shown in figure 4. The plurality of discrete bonding elements 26 are substantially sinusoidally disposed on the panel 8 such that they form a repeated pattern comprising a plurality of sinusoidal waves extending along the panel length, as shown in the annotated figure 6 below. The panel 8 comprises a plurality of wrinkles 25 having peaks and troughs on the cover layer 23 wherein one wrinkle is disposed between two consecutive discrete bonding elements 26, as shown in figure 3.
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With respect to claim 20, the mechanical bonding is thermos-sealing or ultrasonic bonding, as disclosed in column 5, lines 13-15.
With respect to claim 21, the panel 8 is joined to the chassis by adhesive bonding in a first attachment zone 20, as shown in figure 3 and disclosed in column 3, lines 54-60, and is joined to a fastener member 29 at a second attachment zone disposed on an opposite end of the panel 8, as shown in figure 3.
With respect to claim 26, the pattern comprises at least first and second substantially sinusoidal waves that are substantially parallel to each other, as shown in the annotated figure 6 above.
With respect to claims 27-30, the first and second sinusoidal waves can be drawn between bonding elements 26 such that a first apex of the first wave and a second apex of the second wave are spaced apart by a first distance parallel to the panel length, and the first and second waves are spaced apart from each other by a second distance perpendicular to the panel length, wherein the first distance is less than the second distance and a ratio of the first and second distances is from 0.18 to 0.60, as shown in the annotated figure 6 above.
With respect to claim 31, the cover layer comprises a nonwoven having a basis weight of 100-150 g/m2, as disclosed in column 8, lines 63-64, which is great than 17 g/m2.
With respect to claim 32, the nonwoven is a spunbond, or S, nonwoven, as disclosed in column 9, line 65, to column 10, line 3, comprising polyethylene or polypropylene, as disclosed in column 10, lines 4-13.
With respect to claim 33, at least two elastically elongatable panels 8 are joined to the chassis, as shown in figure 1.
With respect to claim 34, the absorbent article is a diaper, as shown in figure 1.
Claim(s) 35-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Een et al. (8,647,319).
With respect to claim 35, Een discloses an absorbent article, as shown in figure 5, comprising a chassis comprising a liquid permeable topsheet 102, a liquid impermeable backsheet 104, and an absorbent core 106. At least one elastically elongatable panel 146 comprising at least one cover layer 149 and a plurality of elastic strands 110, as disclosed in column 15, lines 63-67. The cover layer 149 and elastic strands 110 are joined by mechanical bonding at a plurality of discrete bonding elements 119, as shown in figure 2a. The panel 146 has a panel length extends substantially parallel to a transverse axis of the chassis, as shown in figure 5. The plurality of discrete bonding elements 119 are substantially sinusoidally disposed on the panel to form a repeated pattern comprising a plurality of substantially sinusoidal waves extending along the panel length, as shown in figure 3 and disclosed in column 16, lines 9-13. The panel comprises a plurality of wrinkles having peaks and troughs on at least one cover layer wherein one wrinkle is disposed between two consecutive discrete bonding elements 119, as shown in figure 2a.
With respect to claim 36, at least one of the plurality of elastic strands 110 intersects a substantially sinusoidal wave at a plurality of intersections, as shown in 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.
Claim(s) 18-19 and 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitsui et al. (8,287,511) in view of Helmer (5,807,368).
With respect to claim 18, Mitsui discloses all aspects of the claimed invention with the exception of a wrinkle distribution of at least 1.1 wrinkles/mm measured along the panel length. Helmer discloses an absorbent article, as shown in figure 14, comprising elastically elongatable panels 21, 23, the panels comprising a plurality of wrinkles having peaks and troughs, as shown in figure 4. Helmer teaches that the measured range between the wrinkles of the peak to peak distance is 0.30 mm, as disclosed in column 7, lines 61-63, which results in an increased surface area that directly contributes to the overall loft, texture, and feel of the laminate surface, as disclosed in column 8, lines 7-9. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the panels of Mitsui with a wrinkle distribution of at least 1.1 wrinkle/mm measured along the panel length, as taught by Helmer, to improve the loft, texture, and feel of the laminate surface.
With respect to claim 19, Mitsui discloses all aspects of the claimed invention with the exception of the elastomeric film comprising a skin on at least one surface. Helmer discloses an absorbent article, as shown in figure 14, comprising elastically elongatable panels 21, 23, the panels comprising at least one cover layer 18, 19 and an elastomeric film 14, as shown in figure 4. Helmer teaches that a skin layer on the elastomeric film increase the opacity of the film and improve the perception of smoothness or softness, as disclosed in column 3, lines 29-42. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the elastomeric film of Mitsui with a skin on at least one surface, as taught by Helmer, to improve the perception of smoothness or softness of the panels.
With respect to claims 22-24, Mitsui discloses all aspects of the claimed invention with the exception of first and second inelastic regions corresponding to the first and second inelastic regions and an elasticized region therebetween, wherein the wrinkles are disposed in the elasticized region, and the inelastic regions are free of wrinkles. Helmer teaches providing the panels with inelastic regions 11 with elastic regions 12 therebetween, wherein the wrinkles are disposed in the elastic regions 12, as shown in figure 1, and the first and second regions 75, 82, and 83 correspond to inelastic regions, as shown in figure 14. Helmer teaches that these inelastic regions allow for the adhesive attachment of the panels to an article, as disclosed in column 9, lines 39-51. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date the claimed invention to provide the panels of Mitsui with first and second inelastic regions corresponding to the first and second inelastic regions and an elasticized region therebetween, wherein the wrinkles are disposed in the elasticized region, and the inelastic regions are free of wrinkles, as taught by Helmer, to provide suitable areas for adhesive attachment of the panels to the article.
With respect to claim 25, the repeated pattern in disposed on the elastic regions of the panels of Mitsui, as shown in the annotated figure 6 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents and Publications 11,964,455; 11,684,522; 11,020,286; 10,980,678; and 2022/0211553 disclose absorbent articles having side panels comprising laminates with bonding patterns.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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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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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
