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 § 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 27, 32-36, 38-42, and 48-54 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. US Patent Application Publication 2020/0260800 in view of Lenser et al. US Patent Application Publication 2018/0042780.
As to claim 27, Li teaches an absorbent article 20 comprising:
a chassis 38 comprising
a liquid permeable topsheet (para. 0044),
a liquid impermeable backsheet (para. 0044), and
an absorbent core 62 positioned between the topsheet and backsheet (Li para. 0044); and
at least one elastically elongatable panel 84 joined to the chassis 38,
wherein the at least one elastically elongatable panel 84 has a panel length (LF) (Li Fig. 2) and comprises:
a. at least one cover layer 92; and
b. an elastomeric strands 96;
wherein the at least one cover layer 92 and elastomeric film 96 are joined by mechanical bonding at a plurality of discrete bonding elements 234 (Li Fig. 4A, 4B; para. 0049, 0052-0053), and
wherein each panel 84 comprises a plurality of wrinkles having peaks and troughs formed on at least one of the cover layer 92 (Li Fig. 4B; para. 0051),
wherein the panel 84 comprises a plurality of openings 202 (Li Fig. 5A; para. 0071, 0078), or a plurality of orifices, or both, extending through one or more of the film 96 and the cover layers 92, 94 (Li para. 0071);
wherein the openings 202 and the discrete bonding elements 234 do not substantially coincide (Li para. 0071).
Li teaches the present invention substantially as claimed. Li teaches elastic strands 96 instead of an elastic film. Additionally, Li does not specifically teach the orifices 202 form islands within the plurality of discrete bonding elements 234. Lenser, from the same field of endeavor, elastic laminates, teaches apparatuses and methods for assembling elastic laminates for absorbent articles (Lenser Abstract). Lenser teaches the elastic material may be an elastic film (Abstract). Lenser further teaches the elastic film may form an elastic laminate where the laminate has discreate bond areas and apertures – where Lenser teaches the apparatus comprises apertures 114 in a suction zone 115 (Lenser Fig. 1G; para. 0047), and further teaches the substrates and elastic materials are bonded together in areas supported by the pattern elements 134 (Lenser para. 0051). Fig. 1G of Lenser shows apertures 114 form islands within the plurality of bonding elements 134. Li and Lenser both teach breathable elastic laminates (Li para. 0050, 0057 and Lenser para. 0069). Li teaches the longitudinal deformation pattern 202 (apertures) may or may not be registered with the bond pattern, and even when the longitudinal deformation pattern is not registered with the discrete bonding, this still enhances the regularity of gathering (Li para. 0071). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the elastic strands of Li with the elastic film of Lenser since it has been held that the substitution of a known material/element for another exchangeable material/element supports a prima facie obviousness determination – MPEP § 2143 (I)(B). Additionally, it would have been obvious to one having ordinary skill in the art to substitute the bonded and apertured pattern of Lenser in the elastic laminate of Li, since both are from the same field of endeavor and provide a breathable elastic laminate for use in an absorbent article.
As to claim 32, the openings 202 (Fig. 5A) have a pattern that is different than a pattern of the discrete bonding elements 234, and wherein the patterns differ by one or more of average spacing, pattern uniformity, size, shape, orientation, aggregate area, aggregate pattern shape and combinations thereof – Li teaches the discrete bonding elements have a square shape (Li Fig. 3B) and the openings 202 have more of an oval shape (Li Fig. 5A).
As to claim 33, the openings 202 have: an average surface area that is smaller than an average surface area of the discrete bonding elements 234: an aggregate area that is greater than an aggregate area of the plurality of discrete bonding elements 234, or a combination thereof – where Li teaches the bonding elements 234 are spaced by a pitch of VG1 in the machine direction (Li Fig. 4A; para. 0065) and the openings 202 are spaced apart from each other with a transverse pitch of DF1 (Li Fig. 5A; para. 0071) and VG1 is greater than DF1, or wherein VG1 is at least about 1.5 time, or at least about 2 times, of DF1 (Li para. 0071).
As to claim 34, the openings 202 have an average diameter of from 50µm to 950µm – where Li teaches the transverse dimension of at least about 0.4mm (400 µm), or about 0.4mm to about 2.0mm (Li para. 0072), which has values in the claimed range.
As to claims 35 and 36, the independent claim 27 lists the orifices as an alternative or optional component. Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. MPEP 2111.04 [R] Due to the alternative language, claim 27 only requires a plurality of openings and therefore, any limitation regarding a plurality of orifices are superfluous.
As to claim 38, Li/Lenser teach the at least one elastically elongatable panel (11) has: an average of no more than two of the wrinkles between two consecutive discrete bonding elements 234 along the panel length (L) (Fig. 4B). Li/Lenser do not teach the claimed wrinkle distribution. However, Li meets the structural limitation of no more than two wrinkles between two consecutive discrete bonding elements. Since the prior art has met the structural requirements of the claim, Li/Lesner obviously includes an absorbent article and components that would achieved the claimed wrinkle distribution test results. The property is attributed to the material and structure, not the testing method. value is a property of the article’s material and structure, not the method of measurement. A person of ordinary skill in the art would recognize that the prior art’s structure, being substantially identical, would predictably possess the claimed wrinkle distribution and render the limitation obvious.
As to claim 39, Li/Lenser teach the elastomeric film comprises two surfaces and a skin on at least one of the surfaces (Lenser para. 0004, 0048, 0053).
As to claim 40, Li/Lenser tach the elastomeric film is pre-activated – where Lenser teaches activating the film prior to joining with the first and second substrates (Lenser para. 0044).
As to claim 41, Li/Lenser teach the absorbent article comprising at least two elastically elongatable panels 260, 262 joined to the chassis such that they are oppositely disposed about a longitudinal axis 264 of the chassis (Lenser Fig. 5A).
As to claim 42, the absorbent article is a diaper or pant (Li Fig. 1A, 1B, and 2).
As to claim 48, Li teaches the at least one elastically elongatable panel 84 is joined to the chassis 38 at a first attachment zone – where Li teaches the center of the front elastic belt 84 is joined to a front waist panel 52 of the central chassis 38; and is joined to a fastening member, seam 32 (LI para. 0042) at a second attachment zone on an opposite end of the panel (Fig. 1A, 3A).
As to claim 49, the mechanical bonding is selected from the group consisting of thermo-sealing, pressure-sealing, ultrasonic bonding, and combinations thereof (Li para. 0059; Lenser para. 0044 ).
As to claim 50, Li teaches the at least one cover layer 92 is a nonwoven having a basis weight of no more than 55 g/m² and more than 17 g/m² - where Li teaches the outer sheet 92 is a nonwoven having a basis weight of from about 10 gsm to about 55 gsm (Li para. 0075).
As to claim 51, Li teaches the at least one elastically elongatable panel 84 comprises at least two cover layers 92, 94 positioned on opposite surfaces of the film 96 such that the film 96 is sandwiched between a first 92 and a second 94 cover layer, and wherein the first cover layer 92 has a basis weight that differs from a basis weight of the second cover layer 94 by a factor of at least 1.2 – where Li teaches the outer sheet 92 has a basis weight of from about 10 gsm to about 55 gsm; and the inner sheet 92 may be a nonwoven having a basis weight of from about 5gsm to about 45 gsm (Li para 0076). The basis weight values for the inner and outer sheet differ by a factor of at least 1.2.
As to claim 52, the at least one elastically elongatable panel 84 has a first bonding region 234 (Fig. 3A) with a first plurality of discrete bonding elements 234 having a first bond density, and a second bonding region 230T (Li Fig. 3A) having a second plurality of discrete bonding elements 234 having a second bond density that is greater than the first bond density – where LI teaches the bond regions comprise discrete vertical bonding 234 (Li para. 0060). Li teaches additionally, some portions may have left and right elastic bondings 230, 230T (Li Fig. 3A; para. 0061). The second bonding region 230T has a higher density due to the presence of discrete bonds 234 combined with elastic bonds 230. The second bonding region 230T is interposed between two first bonding regions 234 (Li Fig. 3B). The first bonding regions 234 correspond to non-elasticised regions 221 of the panel 84 and the second bonding region 230T corresponds to an elasticised region of the panel 84 – where the area 230, 230T is used to bond the elastics to the belt (Li para. 0061-0062).
As to claim 53, Li/Lesner teach a process for manufacturing an absorbent article according to claim 27 comprising the steps of:
(i) providing a first nonwoven web corresponding to at least one cover layer (element 92 Li para. 0071; element 202 Lesner para. 0053),
(ii) optionally providing a second nonwoven web (element 94 Li para. 0071; element 210 Lesner para. 0053-0054);
(iii) stretching an elastic film and substantially concurrently joining the first nonwoven web with a first surface of the film (Lesner para. 0044, 0048), and optionally joining the second nonwoven web with a second opposed surface of the film so that the film is sandwiched between the first and second nonwoven webs (Lesner para. 0047; 0053-0054),
wherein the joining comprises mechanically bonding the nonwoven web(s) and film together at a plurality of discrete bonding locations to form an elastic laminate comprising a plurality of discrete bonding elements (Fig. 3B, 4B elements 234 LI; elements 134 Lesner para. 0054);
(iv) cutting the elastic laminate to form a plurality of elastically elongatable panels – Lesner teaches Fig. 5A is a plan view of an absorbent article that may include one or more elastic laminates assembled during manufacture (Lesner para. 0072); therefore the manufacturing step obviously includes a cutting step;
(v) providing a chassis (Li element 38, Fig. 2; Lesner element 254, Fig. 5A) comprising:
a liquid permeable topsheet (Li para. 0044; Lesner element 288 Fig. 5A ; para. 0073),
a liquid impermeable backsheet (Li para. 0044; Lesner element 290 Fig. 5A; para. 0073), and
an absorbent core positioned between the topsheet and backsheet (element 62 Li Fig. 2, para. 0044; Lesner element 292 Fig. 5A ; para. 0073) and
(vi) joining the plurality of elastically elongatable panels to at least a portion of the chassis (Li elements 84, 86 joined to the chassis 38 Fig. 2; Lesner Fig. 5A, 5B and para. 0073);
wherein after step (iii) the elastic laminate is perforated to form a plurality of openings extending through the film and/or the nonwoven webs (Li para. 0078; Lesner para.0062), and
wherein the openings 202 and the discrete bonding elements 234 do not substantially coincide (Li para. 0071).
As to claim 54, Li/Lesner teach a process according to claim 53 wherein openings are made by laser perforation or mechanical piercing and
wherein the discrete bonding elements are made by ultrasonic bonding such that the nonwoven webs and film are melt-fused such to form an aperture at a center of each the discrete bonding elements (Li para. 0059; Lesner para. 0044).
Claims 28-31 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. US Patent Application Publication 2020/0260800 in view of Lenser et al. US Patent Application Publication 2018/0042780 and further in view of Bonelli EP 3213728.
As to claims 28-31 and 37, Li/Lenser teaches the present invention substantially as claimed. Li teaches the elastic laminate is breathable (Li para. 0006, 0048, 0050, 0057). Li/Lenser are silent as to the water vapor transmission rate (WVTR) of the laminate. Bonelli, from the same field of endeavor, teaches an extensible laminate material for sanitary articles having a first 102 and second 104 web material with at least one web of elastomeric material 106 therebetween and a plurality of connection formations 160 applied to the one of the first and second web materials (Fig. 2; para. 0036-0038). Bonelli also teaches a breathable laminate having apertures 161, but does not specifically teach the claimed WVTR for the laminate. The present application teaches the claimed elastic laminate is made by a process taught in Bonelli EP 3213728 (para. 0101, published application US 2025/0325412). Since Bonelli teaches a suitable process for making elastically elongatable panels is described in Bonelli paragraphs 0063 to 0095, the resulting elastic laminate product would have characteristics similar to the present invention. While Li/Lenser/Bonelli do not teach the claimed test values, the apertured laminate of Li/Lenser/Bonelli would necessarily exhibit the claimed property measured by the claimed testing method above. Furthermore, the specific testing method does not impart patentable weight to the claim, as the WVTR value is a property of the article’s material and structure, not the method of measurement. A person of ordinary skill in the art would recognize that the prior art’s structure, being substantially identical, would predictably possess the claimed breathability, and render the limitation obvious.
Claims 43-47 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. US Patent Application Publication 2020/0260800 in view of Lenser et al. US Patent Application Publication 2018/0042780 and further in view of Andrews et al. US Patent Application Publication 2019/0231606.
As to claim 43, Li/Lenser teach the present invention substantially as claimed. Li/Lenser teach discrete bonds, but do not teach the plurality of discrete bonding elements are substantially sinusoidal. Andrews, from the same field of endeavor, elastic laminates, teaches bonding an elastic composite structure having discrete bonds in a sinusoidal bond pattern (Andrews Fig. 10, 10A, 11 11A, 14, and 15). Andrews teaches feeding two webs 12, 16 and elastic material 18 into a bonding apparatus 22. Andrews teaches the bonding apparatus is an ultrasonic bonding assembly that fuses first web layer 12 to second web layer 16 without the use of adhesive (Andrews para. 0053). Andrews teaches the bonding apparatus can be configured to form various bond patterns including a sinusoidal geometry that results in an overall sinusoidal pattern across the anvil face. It would have been obvious to one having ordinary skill in the art to modify Li/Lesner with a bond pattern taught in Andrew to create an end product that is structurally more robust and visually and tactilely more pleasing to the end customer (Andrew para. 0098).
As to claim 44, Li/Lesner/Andrews teaches the repeated pattern comprises at least a first substantially sinusoidal wave extending along the panel length and a second substantially sinusoidal wave extending along the panel length, wherein the first and second substantially sinusoidal waves are substantially parallel to each other (Andrews Fig. 10, 10A, 11 11A, 14, and 15).
As to claims 45-47, Li/Lesner/Andrews do not specifically claim the spacing, ratios, and offset patterns. However, Andrews teaches the apparatus may be configured to form bonds of similar size and shape, or bonds of different size and/or shape in alternative embodiments. Andrews further teaches the bonds may be circular, rectangular, crescent-shaped, or have irregular shapes that may be select form a desired overall pattern on the end product (Andrews para. 0059). Andrews further teaches the bonding apparatus can be configured to form various bond patterns including straight lines, curved lines, or otherwise arranged to create a continuous and repeating overall pattern on the end product in alternative embodiments (Andrews para. 0075). Alternative bond patterns on the elastic composite structure may be achieved by varying the geometry of the corresponding weld lines (para. 0076). Since Andrews teaches the general condition of varying the bonds sizes and shapes, and the bond patterns, it would have been an obvious matter of design choice to provide the article of Li/Lenser/Andrews with the claimed parameters, since such a modification would have involved a mere change in the shape of the bond pattern, which Andrews teaches is acceptable. A change in shape is generally recognized as being within the level of ordinary skill in the art. In Re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
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.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781