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 § 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.
Claims 1, 2, 4-7, 9, 11-14, 21, 25, and 28-34 are rejected under 35 U.S.C. 103 as being unpatentable over Devlin US Patent Application Publication 2021/0069032 in view of Yasuda JP 2004-290598 (English translation filed 06/10/2024 in related application 18/371809).
As to claim 1, Devlin teaches a manufacture comprising a sanitary-pad roll 2 (Fig. 1; 0085), the sanitary-pad roll comprising a core 53 and a strip 40, 50 wrapped around a core (Fig. 3A; paras. 0012, 0092, 0128), the strip 50 extending along a longitudinal direction that is perpendicular to a transverse direction and comprising an impermeable layer 61(Figs. 3A, 3B; para. 0094),
an absorbent layer 23 (Figs. 2A, 2B; para. 0087), and
a weakened region 44 that extends along the transverse direction and defines attached segments 45 that, when detached from the strip, form corresponding sanitary pads 10 (Figs 3, 3A; para. 0091),
wherein the attached segments 45 include a distalmost attached segment 81 (para. 0012), the distalmost attached segment 81 being attached to only one other attached segment 81 - where Devlin teaches an additional benefit of a roll 80 of continuous strip with layers 71A (has adhesive 77 applied to outside margins 77A) is that the outermost segment 81 adheres to the outside roll 82. As a result, the die-cut sanitary napkin in that segment does not hang down in the same way that the end of a toilet paper roll would hang down, and helps promote the impression that the first sanitary napkin shows is as clean and as ready to use an any other sanitary napkin of the roll (Fig. 4C; para. 0098).
In another embodiment, Devlin teaches the impermeable layer 21,61, or 141, which is wider than the absorbent layer 23, is folded over along the longitudinal direction to form an overlap 320, thereby completely enclosing the absorbent layer (Figs. 12A, 12B; paras. 0128-0129)
wherein the impermeable layer 21,61,141 comprises a backing material that is bonded with adhesive bonds 322 (para. 0130) to itself along the longitudinal direction to form the overlap (Fig. 12A, 12B; para. 0128-0129),
Devlin teaches the present invention substantially as claimed. Devlin teaches the backing material 21, 61, 141 extends across an inter-pad space between adjacent ones of the segments (Fig. 12A). However, Devlin does not specifically teach transverse bonds that extend across an inter-pad space between adjacent segments. Yasuda teaches a packing structure for a continuous strip of absorbent articles on roll (Abstract; Fig. 1, para. 0006). Yasuda teaches the absorbent is between a surface cover sheet 21 and a back surface cover sheet 22 and sealed at least at the edge section of the longitudinal direction of the surface cover sheet and back surface cover sheet, and the absorbent articles are wound around rolled form. Therefore, entering of the garbage (disposal) from the edge section of the longitudinal direction of a surface cover sheet and a back surface cover sheet, dust, etc. can be prevented, and a absorbent article can be stored and packed sanitarily and compactly (Yasuda para. 0007). Yasuda teaches the packing structure 500 (Yasuda Fig. 5B) has a sealed perimeter in the longitudinal direction and across the width direction W adjacent to weakened perforated areas L. The width perimeter seal represents the claimed transverse bonds and the inter-pad space between adjacent segments is present at the weakened perforated region L and the width perimeter seal (Yasuda Figure 5b). Yasuda teaches the four-quarters sealing (perimeter sealing) allows the sanitary napkin to be carried sanitarily (Yasuda para. 0042). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify the invention of Devlin with transverse bonds for the benefits taught in Yasuda.
As a result of being within the compartment (Devlin Fig. 12B), the segments 45, including the distalmost attached segment (similar to 81 as discussed above), are prevented from having an exposed transverse edge and the sanitary napkins in the compartments are protected from becoming wet and contaminated - where Devlin teaches an additional benefit of a roll 80 of continuous strip with layers 71A (has adhesive 77 applied to outside margins 77A) is that the outermost segment 81 adheres to the outside roll 82. As a result, the die-cut sanitary napkin in that segment does not hang down in the same way that the end of a toilet paper roll would hang down, and helps promote the impression that the first sanitary napkin shows is as clean and as ready to use an any other sanitary napkin of the roll (Devlin Fig. 4C; para. 0098).
As to claim 2, Devlin/Yasuda teach the weakened region comprises perforations that extend through the strip (Devlin para. 0024).
As to claim 4, Devlin/Yasuda teach the sanitary pad is die cut (Devlin Fig. 2; para. 0021, 0028, 0032-0033, 0086).
As to claim 5, Devlin does not teach the sanitary pad comprises wings. Yasuda teaches a sanitary pad comprising wing-like flaps 18 that can be twisted around the crotch portion of underwear, and can be firmly attached (Fig. 8A; paras. 0052-0053). It would have been obvious to one having ordinary skill in the art to provide the sanitary pad of Devlin with wings for the benefit of firmly attaching the pad to the underwear of a user as taught in Yasuda.
As to claim 6, Devlin/Yasuda teach the overlap is bonded - where Devlin teaches bonding the overlapping layers 321 with adhesives 322 (Devlin para. 0130).
As to claim 7, Devlin/Yasuda teach the absorbent layer comprises a plurality of absorbent regions separated by inter-pad gaps (Devlin Fig. 3; Yasuda Fig. 5b), each of the absorbent regions corresponding to a sanitary pad (Devlin sanitary pad 10, Figs 3 and 3A; Yasuda has pad 1 Fig. 5b), wherein the weakened region (Devlin has weakened regions 44 (Figs. 3 and 12A) and Yasuda has weakened regions L (Figs. 1 and 5b) extends across the inter-pad gap (Devlin Fig. 3; Yasuda Fig. 5b).
As to claim 9, Devlin/Yasuda teach the strip comprises a first segment comprising a first seal, a second segment comprising a second seal (Yasuda Figs. 1, 3, and 5; para. 0031), and a length A that extends between the first and second seals (Yasuda Figs. 1, 3, and 5), wherein the length has a thickness that is less than that of either the first and second seal – the examiner interprets this limitation to mean the material along the length A (Yasuda Figs. 1, 3, and 5) has a thickness less than the first and second seal – where Yasuda teaches a single layer film along length A and a multi-layered film at the sealed perimeter; thus, the thickness along length A is less than that of either the first and second seal. The first and second seal has a thickness that is less than that of the absorbent layer (Yasuda Figs. 2, 6b).
As to claim 11, Devlin/Yasuda teach each segment comprises a first and second end, wherein the second end is separated from the first end along the longitudinal direction X (Yasuda Fig. 5b), wherein the strip comprises a seal that extends from the first end to the second end (Yasuda Fig. 5b), and wherein the weakened region L extends across the seal (Yasuda Fig. 5b).
As to claim 12, Devlin/Yasuda teach the strip comprises a seal that separates adjacent segments and wherein the seal has a thickness that is less than that of the absorbent layer – where Yasuda shows the perimeter seal is thinner than the absorbent 13 (Yasuda Fig. 2).
As to claim 13, Devlin/Yasuda teach the strip has a length along the longitudinal direction, wherein the strip has a thickness that varies periodically along the length at a spatial frequency that is a function of the number of sanitary pads on the strip and the length – where Devlin in Figs. 3-3B show the strip 41, varies in thickness along the longitudinal direction 42 as a function of the number of sanitary pads 10, which are thicker than the perforated areas 44 (Devlin para. 0091). Yasuda teaches the thickness of the sanitary napkin 1 is 8mm or less (Yasuda para. 0040). A peripheral seal between each segment where the sealed areas are thinner than the segments containing the sanitary napkins 1, creating a variance in thickness along the longitudinal direction X of the strip at the break, where perforations L are present for separating the absorbent articles into individual articles (Yasuda Figs. 1, 2, 5b, and 6b; paras. 0008, 0014, 0034, 0037, 0040).
As to claim 14, Devlin/Yasuda teach the strip has a thickness that varies along the longitudinal direction, the thickness having a first value along a sanitary pad - where Yasuda teaches the thickness of the sanitary napkin is 8mm or less (Yasuda para. 0040). Devlin/Yasuda teach a second value (thickness) between sanitary pads, where Yasuda clearly shows the break area between the pads where the transverse bonds (peripheral seal) and/or the perforations L are present are thinner than the absorbent layer 13 (Yasuda Fig. 2).
As to claim 21, the sanitary pad is not die cut and is formed by tearing across the strip at the weakened region (Devlin Fig. 5; paras. 0099-0100).
As to claim 25, Devlin/Yasuda teach the absorbent layer is discontinuous along the longitudinal direction of the strip – where Devlin teaches the absorbent layer is segmented into pads 10 along the longitudinal direction of the strip 42 and is separated by weakened regions 44 (Devlin Figs. 1, 3, 4, 9, 12A; para. 0091).
As to claim 28, Devlin/Yasuda teach each of the sanitary pads is surrounded by a seal that prevents leakage of fluids out of the absorbent region (Devlin Figs. 3B, 6B, 7A, 7B, 8A, 12B; paras. 0094, 0106, 0129 and Yasuda Figs. 1-3 and 5; para. 0040-0042)
As to claim 29, Devlin/Yasuda teach the number of transverse bonds is equal to one more than the number of segments – where Yasuda teaches between the sealed parts (transverse bonds) of the surface cover sheet 21 before and behind each sanitary napkin 1, and the back surface cover sheet 22, two sanitary napkins which are adjacent to perforation (break) L for separating the sanitary napkin 1 individually is formed. In other words, the transverse bonds separate adjacent sanitary napkins, thus, it is reasonable to conclude the number of transverse bonds would be equal to one more than the number of segments since the last segment requires a sealed edge as shown in Yasuda Figs. 1, 3, and 5.
As to claim 30, Devlin/Yasuda teach the sanitary napkins lie entirely flat on their respective segments and wherein absorbent layers of the sanitary napkins are unfolded (Devlin Figs. 2A, 2B, 3B, 6B,12B; and Yasuda Fig. 1-3; para. 0026).
As to claim 31, Devlin teaches a method comprising making a roll of sanitary pads 2 (Fig. 1; 0085), wherein making the roll comprises making a strip of sanitary pads 10,
wherein the strip 40, 50 extending along a longitudinal direction that is perpendicular to a transverse direction (Devlin Figs. 3 and 3A),
wherein the strip comprises an impermeable layer 21, 61, 141(Figs. 3A, 3B; para. 0094), that comprises a backing material (paras. ),
an absorbent layer 23 (Figs. 2A, 2B; para. 0087), and
a weakened region 44 that extends along the transverse direction and defines attached segments 45, each of which contains a sanitary pad 10 therein (Figs 3, 3A; para. 0091);
wherein the impermeable layer 21, 61, 141 is wider than the absorbent layer (Figs. 3A, 4, 6A, 12A);
wherein the attached segments 45 include a distalmost attached segment 81 (para. 0012), the distalmost attached segment 81 being attached to only one other attached segment 81 - where Devlin teaches an additional benefit of a roll 80 of continuous strip with layers 71A (has adhesive 77 applied to outside margins 77A) is that the outermost segment 81 adheres to the outside roll 82. As a result, the die-cut sanitary napkin in that segment does not hang down in the same way that the end of a toilet paper roll would hang down, and helps promote the impression that the first sanitary napkin shows is as clean and as ready to use an any other sanitary napkin of the roll (Fig. 4C; para. 0098).
Devlin teaches the backing material 21, 61, 141 extends across an inter-pad space between adjacent ones of the segments (Fig. 12A). Devlin further teaches an embodiment where the backing material is folded along the longitudinal direction to form an overlap 320, bonding the backing material to itself with adhesive bonds 322 (Figs. 12A, 12B; paras. 0128-0130), forming a sealed compartment around each of the segments (Figs. 12A, 12B; paras. 0128-0129). As a result of being within the compartment (Devlin Fig. 12B), the segments 45, including the distalmost attached segment (similar to 81 as discussed above), are prevented from having an exposed transverse edge and the sanitary napkins in the compartments are protected from becoming wet and contaminated - where Devlin teaches an additional benefit of a roll 80 of continuous strip with layers 71A (has adhesive 77 applied to outside margins 77A) is that the outermost segment 81 adheres to the outside roll 82. As a result, the die-cut sanitary napkin in that segment does not hang down in the same way that the end of a toilet paper roll would hang down, and helps promote the impression that the first sanitary napkin shows is as clean and as ready to use an any other sanitary napkin of the roll (Devlin Fig. 4C; para. 0098).
Devlin teaches the present invention substantially as claimed. Devlin teaches the backing material 21, 61, 141 extends across an inter-pad space between adjacent ones of the segments (Fig. 12A). However, Devlin does not specifically teach forming transverse bonds across an inter-pad space between adjacent segments. Yasuda teaches a packing structure for a continuous strip of absorbent articles on roll (Abstract; Fig. 1, para. 0006). Yasuda teaches the absorbent is between a surface cover sheet 21 and a back surface cover sheet 22 and sealed at least at the edge section of the longitudinal direction of the surface cover sheet and back surface cover sheet, and the absorbent articles are wound around rolled form. Therefore, entering of the garbage (disposal) from the edge section of the longitudinal direction of a surface cover sheet and a back surface cover sheet, dust, etc. can be prevented, and a absorbent article can be stored and packed sanitarily and compactly (Yasuda para. 0007). Yasuda teaches the packing structure 500 (Fig. 5B) has a sealed perimeter in the longitudinal direction and across the width direction W adjacent to weakened perforated areas L. The width perimeter seal represents the claimed transverse bonds and the inter-pad space between adjacent segments is present at the weakened perforated region L and the width perimeter seal (Yasuda Figure 5b). Yasuda teaches the four-quarters sealing (perimeter sealing) allows the sanitary napkin to be carried sanitarily (Yasuda para. 0042). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify the invention of Devlin with transverse bonds for the benefits taught in Yasuda.
Devlin/Yasuda teach the method further includes wrapping the strip 40, 50 around a core 53 (Fig. 3A; paras. 0012, 0092, 0128).
As to claim 32, Devlin/Yasuda teach forming the transverse bond comprises mechanically staking at the inter-pad space – where Yasuda teaches the method of sealing includes applying a pressure (Yasuda para. 0035).
As to claim 33, Devlin/Yasuda teach forming the transverse bond comprises heating at the inter-pad space (Yasuda paras. 0031, 0035).
As to claim 34, Devlin/Yasuda teach forming the transverse bond comprises gluing at the inter-pad space (Yasuda para. 0035).
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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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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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781
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