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 Objections
Claim 7 is objected to because of the following informalities: “…slot coated or printed on [[a]] side of the backsheet…” The “a” is needed. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "the channel front extremity." There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the central section end points of the central section." There is insufficient antecedent basis for this limitation in the claim.
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)(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.
Claim(s) 1-2, 5-7, 10-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kaiser et al. (US 20230233385 A1, hereafter “Kaiser”).
Regarding claim 1, Kaiser discloses an absorbent article (700) having a wearer-facing side (712) and a garment-facing side (710) comprising a liquid permeable topsheet (716) on the wearer-facing side (712, para. [0087]), a liquid impermeable backsheet (714) on the garment-facing side (710) and an absorbent core (720) positioned in between said topsheet and said backsheet (para. [0089-0090]),
said absorbent core (720) having a first and second longitudinal edge (A and B, annotated fig. 7) and a front and back transverse edge (C and D, annotated fig. 7),
said absorbent core (720) having a longitudinal center line (E, annotated fig. 7’) dividing the absorbent core (720) in a first longitudinal portion (F, annotated fig. 7’) and a second longitudinal portion (G, annotated fig. 7’) on either side of the longitudinal center line (E),
said absorbent core (720) having a transverse center line (H, annotated fig. 7’) dividing the absorbent core (720) in a front portion (I, annotated fig. 7’) and a back portion (J, annotated fig. 7’) on either side of the transverse center line (H), thereby forming four quadrants,
wherein the absorbent core (720) comprises absorbent material selected from the group consisting of cellulose fibers, superabsorbent polymers and combinations thereof (para. [0014, 0054], the absorbent core 720 appears to be the same as the other embodiments of core 200 and 320),
wherein said absorbent material is contained within at least one core wrap substrate enclosing said absorbent material (para. [0090]), and
wherein a top layer (725) of said core wrap is adhered to a bottom layer (727) of said core wrap to form one or more channels (722) substantially free of said absorbent material (para. [0089-0090]),
wherein at least one channel (722) follows a substantially continuous path from any point of said channel to any other point of the same channel (fig. 7), and comprises at least one longitudinally extending channel central section (K, annotated fig. 7’’) coincident with the longitudinal center line (E) and closest to or crossing the transverse center line, characterised in that the absorbent article (700) further comprises a continuously extending wetness indicator (728), which as seen from the garment-facing side of the article (para. [0060, 0089]), is coincident with the longitudinal center line (E) and comprises an overlapping portion superposed with at least part of the longitudinally extending channel central section (K), and
an exposed portion (L, annotated fig. 7’’) superposed with absorbent material (para. [0060, 0062, 0089] demonstrate the channel provides direct and immediate contact with the wetness indicator where there is no absorbent material, but there is absorbent material in areas outside of the channel where the wetness indicator is between the channels) at least partially surrounded by channel sections closer to the front transverse edge (D, annotated figs. 7-7’’).
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Regarding claim 2, Kaiser discloses the article of claim 1 and further discloses wherein the wetness indicator (728) further comprises an exposed portion (L) superposed with absorbent material at least partially surrounded by channel sections closer to the back transverse edge (D, annotated figs. 7-7’’, para. [0060, 0062, and 0089] demonstrate the channel provides direct and immediate contact with the wetness indicator where there is no absorbent material, but there is absorbent material in areas outside of the channel where the wetness indicator is between the channels).
Regarding claim 5, Kaiser discloses the article of claim 1 and further discloses wherein the wetness indicator (728) provides an appearing signal, a disappearing signal, a colour change signal or a combination thereof (para. [0060]).
Regarding claim 6, Kaiser discloses the article of claim 1 and further discloses wherein the wetness indicator (728) is placed between a bottom side of the core wrap and an inner surface of the backsheet (wetness indicator 728 is coupled to the backsheet 714 and the bottom core wrap 727 is disposed on the backsheet 714, para. [0089-0090]).
Regarding claim 7, Kaiser discloses the article of claim 1 and further discloses wherein the wetness indicator (728) comprises a composition that changes appearance when contacted with body fluid, which is slot coated or printed on side of the backsheet facing the absorbent core (para. [0060] describes the indicator displaying a graphic or text on the backsheet when it senses fluid from the absorbent core disposed on the backsheet, and para. [0089] states the wetness indicator is coupled to the backsheet under the core).
Regarding claim 10, Kaiser discloses the article of claim 1 and further discloses wherein the channel (722) additionally comprises at least:
- one longitudinally extending lateral section in each of the four quadrants,
- four diagonally extending diagonal sections (M, annotated fig. 7), diverging from the central section end points of the central section (K) towards the lateral sections (O, annotated fig. 7) in each quadrant and connecting said central and lateral sections, and
- one transversally extending ending section (P, annotated fig. 7), in one of the front or back portions (I), closest to the absorbent core respective front or back transverse edge (C).
Regarding claim 11, Kaiser discloses the article of claim 10 and further discloses wherein said channel (722) comprises a second transversally extending ending section (Q, annotated fig. 7’’’), in the other of the front or back portions (J), closest to the absorbent core respective front of back transverse edge (D).
Regarding claim 12, Kaiser discloses the article of claim 10 and further discloses wherein the transversally extending ending section (P) is a closing section joining each of two lateral sections (O) end points closest to the absorbent core respective front or back transverse edge (C, annotated fig. 7-7’’’).
Claim Rejections - 35 USC § 103
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.
Claim(s) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaiser (US 20230233385 A1).
Regarding claim 4, Kaiser discloses the article and wetness indicator according to claim 1, but fails to disclose wherein the wetness indicator has a total length between 30 and 70% of a length of the absorbent core.
The wetness indicator corresponds to at least a portion of the channel and the channel extends along the absorbent core (para. [0027, 0060], fig. 1 and 7). While Kaiser’s figures may not be to scale, one skilled in the art would still find it obvious to first follow the dimensions as suggested by the figures in order to create the intended article. By doing so, one is likely to arrive at a workable length of the wetness indicator that falls within the claimed range through routine experimentation. Further, the specification does not indicate criticality for the length because it can be between 30-70%, 40-60%, or 45-55% of the absorbent core length.
Regarding claim 13, Kaiser discloses the article of claim 12 and further discloses wherein said channel (728) consists of one central section (K), four lateral sections (O), four diagonal sections (M) and one or two closing section(s) (P and Q), but fails to disclose wherein the central section has a length of between 4 and 25% of a length of the absorbent core length.
While Kaiser’s figures may not be to scale, one skilled in the art would still find it obvious to first follow the dimensions as suggested by the figures in order to create the intended article. By doing so, one is likely to arrive at a workable length of the central section that falls within the claimed range through routine experimentation. Further, the specification does not indicate criticality for the length of the central section because it can be between 5-40%, 5-25%, 10-30%, 10-20%, 15-25%, 2-25%, 4-25%, 5-20%, 6-15%, or 7-12% of the absorbent core length.
Claim(s) 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaiser (US 20230233385 A1) in view of Luck (US 20220047430 A1).
Regarding claim 3, Kaiser discloses the article of claim 1 but fails to disclose wherein the wetness indicator extends beyond the channel front extremity
Luck teaches a similar device in the same field of endeavor wherein the wetness indicator (29 and 30) extends beyond the channel (13 and 14, fig. 1, para. [0066]) front extremity.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wetness indicator of Kaiser to extend beyond the channel as shown in Luck to indicate wetness spread beyond the center of the core (para. [0052]).
Regarding claim 8, Kaiser discloses the article of claim 1 and wherein the wetness indicator comprises a composition that changes appearance when contacted with body fluid (para. [0060]), but fails to disclose and comprises at least one interruption zone without wetness indicator composition having a length parallel to the longitudinal center line less than 20% of a total length of the wetness indicator.
Luck teaches a similar article and comprises at least one interruption zone (17) without wetness indicator composition having a length parallel to the longitudinal center line (fig. 1 see line y1, para. [0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Kaiser and incorporate the interruption zone of Luck because there is no need for arranging a wetness indicator right at the crotch portion that may not be visible to the user or caretaker, as opposed to the indicator being closer to the back and/or front portions (para. [0072]).
However, the combination fails to disclose the interruption zone being less than 20% of a total length of the wetness indicator. While Luck’s figures may not be to scale, one skilled in the art would still find it obvious to first follow the dimensions as suggested by the figures in order to create the intended article. By doing so, one is likely to arrive at a workable length of the interruption zone that falls within the claimed range through routine experimentation. Further, the specification does not indicate criticality for the length of the interruption zone because it can be less than 40%, 30% 25% 20% or 15% of the total length of the wetness indicator.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaiser (US 20230233385 A1) in view Tally et al. (US 20180368817 A1, hereafter “Tally”).
Kaiser discloses the article of claim 1, but fails to disclose wherein an opacity of layers of the article closer to the wearer-facing side of the article than the wetness indicator overlapping portion is such as to allow to see the wetness indicator overlapping portion through said layers, viewed from the wearer-facing side of the article.
Tally teaches a wetness indicator to be used in a wearable article wherein an opacity of layers of the article closer to the wearer-facing side of the article than the wetness indicator overlapping portion is such as to allow to see the wetness indicator overlapping portion through said layers, viewed from the wearer-facing side of the article (para. [0113], if the embedded wetness indicator is visible from the wearer-facing side, the opacity of the layers above the indicator therefore necessarily allows for such visibility).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the article of Kaiser such that the wetness indication is visible from the garment-facing side as shown in Tally. Kaiser discloses any type of wetness indicator (para. [0060] of Kaiser), therefore an indicator that is specifically visible from the skin-facing side would have been an obvious modification of Kaiser and notifies the user that bodily exudates came into contact with the indicator (para. [0113] of Tally).
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: no art alone or in combination discloses an absorbent article according to claim 1 wherein the channel has two central sections, four lateral sections, six diagonal sections, and one or two ending sections. Further, the central section closest to or crossing the transverse center line has a length of between 5 and 40% of a length of the absorbent core.
Simply put, no art alone or in combination discloses that entire combination of channel features nor the relative dimension of the central section. Kaiser demonstrates similar patterning of the channel, but does not have as many sections as claimed. It would not have been obvious to duplicate the channel or manipulate the pattern to match the claim details without a clear motivation to do so, nor prior art to rely on for such a modification.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN A KIM whose telephone number is (703)756-4738. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm (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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/ERIN A KIM/Examiner, Art Unit 3781
/SUSAN S SU/Primary Examiner, Art Unit 3781 11 December 2025