DETAILED ACTION
Note: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
1. Claims 6-21 are pending and currently under consideration for patentability.
Claims 1-5 are preliminarily canceled via the January 22, 2024 claim amendment.
Priority
2. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in the instant application.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on January 22, 2024 and August 20, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
4. Claim 1 is objected to because of the following informalities:
Line 5-6 of claim 1 recite “a around-torso direction” which is a grammatical error and should be corrected to ---[[a]]an around-torso direction---.
Appropriate correction is required.
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.
5. Claim(s) 6, 7, 10 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US 6,069,097).
6. With regard to claim 6, Suzuki discloses a disposable wearable article (abstract; Figs.32, 33, 36, 37; col. 1, lines 18-26), comprising: an absorptive main body (main body, 121) in which an absorber is disposed between a top sheet and a back sheet (“has an absorbent housed between a liquid pervious top sheet and a liquid impervious back sheet”; col. 16, lines 55-57); a pair of flap parts (side bands, 124) that are provided in one of a front part and a back part disposed on both side of a crotch part of the absorptive main body (121), and extend to both sides in an around-torso direction (Fig. 37; col. 16, line 65 – col. 17, line 7); and a pair of fastener members (fasteners, 126) that are respectively provided in the pair of flap parts (124) at a distance from tip ends in the around-torso direction of the flap parts (124) to be attachably and detachably joined to an opposing part (bond area, 125) provided in the absorptive main body (121; col. 16, line 65 – col. 17, line 7), wherein each of the flap parts (124) is made of a thermoplastic nonwoven fabric (composite elastic material, 100; Figs. 32, 33), and includes, in an extending part between the tip end of the flap part (124) and the fastener member (126), a thermally-fused part (at area, 111) having bending rigidity of the nonwoven fabric (!00) increased by thermally fusing the nonwoven fabric (col. 10, line 66 – col. 11, lines 22; col. 15, lines 46-62; col. 16, lines 27-42).
7. With regard to claim 7, Suzuki discloses that the thermally-fused part (111) continuously extends from the extending part (of 100) into a region of the flap part (124) where the fastener (126) member is disposed (Figs. 32, 33, 37; col. 10, line 66 – col. 11, lines 22; col. 15, lines 46-62; col. 16, lines 27-42).
8. With regard to claims 10 and 15, Suzuki discloses that each of the flap parts (124) includes the thermally-fused part (111) formed adjacently to a whole region (110) between a first end and a second end, in a direction crossing the around-torso direction at a right angle, of the tip end of the flap part (Figs. 34, 37; col. 10, line 66 – col. 11, lines 22; col. 15, lines 46-62; col. 16, lines 27-42).
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.
9. Claim(s) 8, 9, 11-14 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki.
10. With regard to claims 8 and 11, while Suzuki discloses that each of the flap parts (124) includes the thermally-fused part (111) in a plural number linearly extending parallel to the tip end of the flap part (Figs. 33, 37; col. 10, line 66 – col. 11, lines 22; col. 15, lines 46-62; col. 16, lines 27-42), Suzuki fails to explicitly disclose that each of the flap parts includes the thermally-fused part in a plural number linearly extending at a right angle to the tip end of the flap part.
However, in an alternate embodiment (Fig.25), Suzuki discloses that each of the flap parts includes a bonded part (plurality of bond lines, 30) in a plural number linearly extending at a right angle (“perpendicular to machine direction” or “in parallel to the elongation direction”) to the tip end of the flap part (Fig. 25; col. 14, lines 39-65).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the pattern of the thermally-fused part disclosed by Suzuki to be linearly extending at a right angle to the tip end of the flap part, similar to that disclosed in alternate embodiments of Suzuki, in order to limit or lower the property of elongation in a longitudinal direction at the location of the thermally-fused bond lines, as suggested by Suzuki in column 14, lines 59-65.
11. With regard to claims 9 and 12-14, Suzuki fails to explicitly disclose, within the same embodiment (of Figs. 32, 33), that that each of the flap parts includes the thermally-fused part formed in a lattice shape.
However, Suzuki discloses that each of the flap parts (124) includes a bonded part (bond sites, 31) formed in a lattice shape (Figs. 27, 37; col. 10, line 66 – col. 11, lines 22; col. 14, lines 47-53),
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the pattern of the thermally-fused part disclosed by Suzuki to be linearly extending at a right angle to the tip end of the flap part, similar to that disclosed in alternate embodiments of Suzuki, in order to substantially limit or reduce the elongation properties of the non-woven and elastic sheet at the location of the thermally-fused bond lattice, as suggested by Suzuki in column 14, lines 54-56.
12. With regard to claims 16-21, Suzuki discloses that each of the flap parts (124) includes the thermally-fused part (111) formed adjacently to a whole region (110) between a first end and a second end, in a direction crossing the around-torso direction at a right angle, of the tip end of the flap part (Figs. 34, 37; col. 10, line 66 – col. 11, lines 22; col. 15, lines 46-62; col. 16, lines 27-42).
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mattingly et al. (US PGPUB 2009/0157034) discloses an absorbent article having a function and partially encircling waistband.
LaVon et al. (US PGPUB 2013/0211363) discloses a disposable pull-on garment.
Wade et al. (US PGPUB 2015/0088088) discloses absorbent articles with textured laminate structure.
Baer et al. (US 5,938,650) discloses an absorbent core for absorbing body liquids.
Olsson et al. (US PGPUB 2006/0027306) discloses a method for producing prefastened absorbent product with elastic reclosable sides.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J MENSH whose telephone number is (571)270-1594. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW J MENSH/ Primary Examiner, Art Unit 3781