DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 17 has been entered.
Response to Amendment
Applicant's amendment filed December 17th, 2025 has been entered. Claims 1, 7, 13, 15, and 19 have been amended. Claims 21-22 have been amended.
The Section 112, 2nd paragraph rejections made in the Office action mailed September 22nd, 2025 have been withdrawn due to Applicant’s amendment.
The Section 112, 4th paragraph rejections made in the Office action mailed September 22nd, 2025 have been withdrawn due to Applicant’s amendment, except against claim 15 which has been maintained.
The Section 102/103 rejections over Tachikawa (as the primary reference) made in the Office action mailed September 22nd, 2025 have been withdrawn due to Applicant’s amendment, except against claims 1, 3-6, & 19-20 which have been maintained due to Applicant’s arguments/amendment being unpersuasive.
The Section 102/103 rejections over Nagashima (as the primary reference) made in the Office action mailed September 22nd, 2025 have been withdrawn due to Applicant’s amendment, except against claims 1, 3-6, & 19-20 which have been maintained due to Applicant’s arguments/amendment being unpersuasive.
The Section 102/103 rejections over Greisbach (as the primary reference) made in the Office action mailed September 22nd, 2025 have been withdrawn due to Applicant’s amendment.
The Section 102/103 rejections over Weisman (as the primary reference) made in the Office action mailed September 22nd, 2025 have been withdrawn due to Applicant’s amendment.
The Section 102/103 rejections over Noda (as the primary reference) made in the Office action mailed September 22nd, 2025 have been maintained/reapplied due to Applicant’s arguments/amendment being unpersuasive.
The Section 102/103 rejections over Ashraf (as the primary reference) made in the Office action mailed September 22nd, 2025 have been maintained due to Applicant’s arguments/amendment being unpersuasive.
Response to Arguments
Applicant's arguments filed December 17th, 2025 have been fully considered but they are not persuasive.
Regarding Tachikawa, Nagashima, and Ashraf, Applicant argues that the first region and second region are not part of the same convex portion but rather different ones and thus cannot read on the limitation. The Examiner disagrees.
There is no requirement that the first and second zones be on the same convex portion in the claimed invention or the disclosed invention (to be discussed in detail later). The Examiner’s interpretation of a pattern of three-dimensional features would be any replicated feature having three-dimensional qualities, wherein a replicated three-dimensional feature having a plurality of convex regions at different elevations/thicknesses and also comprising different basis weights and/or volumetric densities is set forth in each of Tachikawa, Nagashima, and Ashraf.
Noda has been maintained/reapplied due to each of the convex portions (three-dimensional features) (All Figs. [2]) comprising a center section (All Figs. [9]) and side sections (All Figs. [8/88]) having a lower elevation/thickness and a greater fiber (volumetric) density and an increased amount of longitudinal fibers [0025, 0086, 0120, 0149, 0198] that would lead to an increase in basis weight inherently or adjusted by obvious design choice [0152-0153].
Regarding the disclosure and claim limitations as argued, while claimed in such a manner that it appears that a three-dimensional feature’s regional elevation is being measured from the same surface from which the three-dimensional features are projecting, the elevation is actually being measured from the (first) back/rear surface [PGPub; Fig. 39, 0074, 0211) and is stated to be equivalent to thickness [PGPub, 0214]. This is only made clearer upon the addition of the newly added claims [PGPub, 0231-0232].
Under this definition/understanding Greisbach and Weisman could easily anticipate the claimed limitations. However, in interest of consolidating prosecution, they have been withdrawn due to the Examiner’s interpretation of the “pattern of three-dimensional features…” as set forth above.
Reapplied/Maintained Rejections
Claim Rejections - 35 USC § 112
Claims 13 & 15 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.
AND/OR
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claims 13 and 15, since the regions are already differing in elevation, they are inherently differing in thickness. If the term is to be interpreted differently, it is unclear how the terms differ based on the disclosure.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-6, & 19-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Tachikawa et al. (JP 2015-112339 A) (hereinafter “Tachikawa”) or, in the alternative, claims 7-9, 11-12, & 19-20 are rejected under 35 U.S.C. 103 as obvious over Tachikawa, optionally in view of Phan et al. (U.S. Patent No. 5,277,761) (hereinafter “Phan”) AND/OR Kimura et al. (WO 2018/193775 A1) (hereinafter “Kimura”), and optionally Franke et al. (U.S. Patent No. 5,863,639) (hereinafter “Franke”).
Regarding claims 1, 3-6, and 19-20, Tachikawa teaches a topsheet/outer cover of an absorbent article comprising a densified network of recesses surrounding convex portions [0045] forming a three-dimensional features defining microzones comprising convex portions including larger and smaller convex portions of different heights/elevations/thicknesses, wherein the smaller convex portions also have a higher density than the larger convex portions, which is beneficial for guiding fluids away from the wearer and reducing contact area with the wearer’s skin [0031, 0045], wherein although Tachikawa does not disclose a Haralick Maximum 0° Contrast Value, the claimed properties are deemed to be inherent to the structure in the prior art since Tachikawa teaches an invention with a substantially similar structure and chemical composition as the claimed invention. Products of identical structure and composition cannot have mutually exclusive properties. The burden is on the Applicants to prove otherwise. If a standard flat fabric produces Haralick horizontal/0° contrast values of 60-71, then the Haralick Contrast values of a three-dimensional fabric formed using a substantially similar process of fiber arrangement as the current invention should be substantially within the claimed range.
Alternatively, in the event that the Haralick values of claims 19-20 are not inherent as recited above:
Kimura teaches a nonwoven for an absorbent article such as a sanitary napkin or disposable diaper [0002, 0018] comprising at least one visibly discernible regular pattern comprising a concavo-convex features and a plurality of apertures/openings (three-dimensional features) [0026], wherein in the surrounding and contour regions (microzones) adjacent the apertures/openings comprise a greater density (greater fiber density at a same/similar thickness) and therefore a much higher gray/black value and require a certain number of pixels within the boundary such that the pattern and boundaries of the apertures are clearer (sharper) and more visible in comparison to the surrounding regions [0007-0010, 0029-0039, 0066].
AND/OR
Phan teaches forming a shaped nonwoven using a forming belt to vary the intensive properties, such as basis weight and varying by at least 25% (col. 3, lines 40-56; col. 4, lines 19-21; & col. 41), of regions formed by repeating, non-random three-dimensional features, wherein the regions of differing basis weight directly correlate to an associated gray level of a calibrated and pseudo-colored (blurred) image, comprising values between 1-26+ or 1-36+ with discernible differences attributed to about every 5 grey level values (cols. 17-20, Tables IVA-IVB), wherein the standard deviation of basis weight in samples of about 4”x4” grid is 5.3 corresponding to the high basis weight areas (in relation to an average of 22.2), 3.7 corresponding to the low basis weight areas (in relation to an average of 8.5), and 5.5 corresponding to transition areas (in relation to an average of 16.1) as to the color scheme of red/yellow appearing high basis weight areas (value between 16-25 or 22-26 in Tables IVA and IVB, respectively) and dark blue low basis weight areas (value between 1-5 or 1-7 in Tables IVA and IVB, respectively) (col. 41), wherein a pixel-weighted average standard deviation was calculated using the largest, smallest, and average values for GL in the high and low basis areas, and a transition GL value estimated by averaging the high and low GL and multiplying by a correction factor of 1.04886 (obtained by 16.1/[(22.2+8.5)/2]), which give values of about 4.2 for Table IVA and about 5.2 for Table IVB.
In combination, Kimura/Phan teach providing substantial greyscale value differences between non-in-plane convex/concave patterns, such as the recessed groove portions (comprising apertures) and protruding convex portions in Tachikawa.
Furthermore, Franke teaches a nonwoven comprising a Haralick calculated values, wherein the density of fibers creates a gray level and the regularity of a pattern can be estimated using by attributing the similar or varying gray level values to a Haralick Correlation feature (standard deviation from the mean contrast), wherein the 1973 Haralick paper in incorporated entirely by reference (col. 10, line 50 – col. 11, line 36), which teaches that textural variation is generally applicable to a wide variety of image based classification [abstract].
It would have been obvious to one of ordinary skill in the art at the time of invention to apply desired gray values to define Haralick contrast functions to determine the non-uniformity and/or regularity of variation in a fabric. One of ordinary skill in the art would have been motivated to provide grey values to areas differing in basis weight, apparent caliper, and/or volumetric density [Phan], to sharply define the darker gray levels in comparison to the remainder of the web for a clearly discernible pattern [Kimura], and to assign a textural evaluation comprising a known method of measurement when determining the desired spatial variation/distribution of lighter and darker regions in an imaged fabric comprising high contrast gray values [Franke].
Claims 1, 3-6, & 19-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Nagashima et al. (JP 2015-186543 A) (hereinafter “Nagashima”) or, in the alternative, claims 19-20 are rejected under 35 U.S.C. 103 as obvious over Nagashima, optionally in view of Phan et al. (U.S. Patent No. 5,277,761) (hereinafter “Phan”) AND/OR Kimura et al. (WO 2018/193775 A1) (hereinafter “Kimura”), and optionally Franke et al. (U.S. Patent No. 5,863,639) (hereinafter “Franke”).
Regarding claims 1, 3-9, 11-13, and 15-20, Nagashima teaches a topsheet/outer cover of an absorbent article comprising recessed/embossed parts forming between them high convex areas (All Figs. [31]) and low convex portions (All Figs. [32]) having differing thicknesses/elevations, wherein fluid can easily move from the low-density high convex portions in contact with the wearer’s skin and provide cushioning therefor to the high-density low convex portions such that liquid is rapidly permeated in the downward from the surface without rapid lateral diffusion, which in turn suppresses leakage [0040], wherein although Nagashima does not disclose a Haralick Maximum 0° Contrast Value, the claimed properties are deemed to be inherent to the structure in the prior art since Nagashima teaches an invention with a substantially similar structure and chemical composition as the claimed invention. Products of identical structure and composition cannot have mutually exclusive properties. The burden is on the Applicants to prove otherwise. If a standard flat fabric produces Haralick horizontal/0° contrast values of 60-71, then the Haralick Contrast values of a three-dimensional fabric formed using a substantially similar process of fiber arrangement as the current invention should be substantially within the claimed range.
Alternatively, in the event that the Haralick values of claims 19-20 are not inherent as recited above:
Kimura teaches a nonwoven for an absorbent article such as a sanitary napkin or disposable diaper [0002, 0018] comprising at least one visibly discernible regular pattern comprising a concavo-convex features and a plurality of apertures/openings (three-dimensional features) [0026], wherein in the surrounding and contour regions (microzones) adjacent the apertures/openings comprise a greater density (greater fiber density at a same/similar thickness) and therefore a much higher gray/black value and require a certain number of pixels within the boundary such that the pattern and boundaries of the apertures are clearer (sharper) and more visible in comparison to the surrounding regions [0007-0010, 0029-0039, 0066].
AND/OR
Phan teaches forming a shaped nonwoven using a forming belt to vary the intensive properties, such as basis weight and varying by at least 25% (col. 3, lines 40-56; col. 4, lines 19-21; & col. 41), of regions formed by repeating, non-random three-dimensional features, wherein the regions of differing basis weight directly correlate to an associated gray level of a calibrated and pseudo-colored (blurred) image, comprising values between 1-26+ or 1-36+ with discernible differences attributed to about every 5 grey level values (cols. 17-20, Tables IVA-IVB), wherein the standard deviation of basis weight in samples of about 4”x4” grid is 5.3 corresponding to the high basis weight areas (in relation to an average of 22.2), 3.7 corresponding to the low basis weight areas (in relation to an average of 8.5), and 5.5 corresponding to transition areas (in relation to an average of 16.1) as to the color scheme of red/yellow appearing high basis weight areas (value between 16-25 or 22-26 in Tables IVA and IVB, respectively) and dark blue low basis weight areas (value between 1-5 or 1-7 in Tables IVA and IVB, respectively) (col. 41), wherein a pixel-weighted average standard deviation was calculated using the largest, smallest, and average values for GL in the high and low basis areas, and a transition GL value estimated by averaging the high and low GL and multiplying by a correction factor of 1.04886 (obtained by 16.1/[(22.2+8.5)/2]), which give values of about 4.2 for Table IVA and about 5.2 for Table IVB.
In combination, Kimura/Phan teach providing substantial greyscale value differences between non-in-plane convex/concave patterns, such as the recessed groove portions (comprising apertures) and protruding convex portions in Nagashima.
Furthermore, Franke teaches a nonwoven comprising a Haralick calculated values, wherein the density of fibers creates a gray level and the regularity of a pattern can be estimated using by attributing the similar or varying gray level values to a Haralick Correlation feature (standard deviation from the mean contrast), wherein the 1973 Haralick paper in incorporated entirely by reference (col. 10, line 50 – col. 11, line 36), which teaches that textural variation is generally applicable to a wide variety of image based classification [abstract].
It would have been obvious to one of ordinary skill in the art at the time of invention to apply desired gray values to define Haralick contrast functions to determine the non-uniformity and/or regularity of variation in a fabric. One of ordinary skill in the art would have been motivated to provide grey values to areas differing in basis weight, apparent caliper, and/or volumetric density [Phan], to sharply define the darker gray levels in comparison to the remainder of the web for a clearly discernible pattern [Kimura], and to assign a textural evaluation comprising a known method of measurement when determining the desired spatial variation/distribution of lighter and darker regions in an imaged fabric comprising high contrast gray values [Franke].
Claims 1-9, 12-13, & 15-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Noda et al. (U.S. Pub. No. 2007/0298213 A1) (hereinafter “Noda”), OR, in the alternative, claims 7-9 & 19-20 are rejected under 35 U.S.C. 103 as obvious over Noda, optionally in view of Phan et al. (U.S. Patent No. 5,277,761) (hereinafter “Phan”) AND/OR Kimura et al. (WO 2018/193775 A1) (hereinafter “Kimura”), and optionally Franke et al. (U.S. Patent No. 5,863,639) (hereinafter “Franke”).
Regarding claims 1-3, 7-9, 12-13, 15, and 19-20, Noda teaches a nonwoven fabric comprising at least a first visually discernible zone (and second identical visually discernible zone) having a pattern of convex portions (three-dimensional features) (All Figs. [2]) each convex portion defining a microzone comprising a center section (first region) (All Figs. [9]) and side sections (second region) (All Figs. [8/88]) having a lower elevation/thickness and a greater fiber (volumetric) density and an increased amount of longitudinal fibers [0025, 0086, 0120, 0149, 0198] that would lead to an increase in basis weight inherently or adjusted by obvious design choice [0152-0153] [0018, 0082-0086, 0109-0111], wherein although Noda does not disclose a Haralick Maximum 0° Contrast Value, the claimed properties are deemed to be inherent to the structure in the prior art since Noda teaches an invention with a substantially similar structure and chemical composition as the claimed invention. Products of identical structure and composition cannot have mutually exclusive properties. The burden is on the Applicants to prove otherwise. If a standard flat fabric produces Haralick horizontal/0° contrast values of 60-71, then the Haralick Contrast values of a three-dimensional fabric formed using a substantially similar process of fiber arrangement as the current invention should be substantially within the claimed range.
Alternatively, in the event that the Haralick values of claims 7-9 and 19-20 are not inherent as recited above:
Kimura teaches a nonwoven for an absorbent article such as a sanitary napkin or disposable diaper [0002, 0018] comprising at least one visibly discernible regular pattern comprising a concavo-convex features and a plurality of apertures/openings (three-dimensional features) [0026], wherein in the surrounding and contour regions (microzones) adjacent the apertures/openings comprise a greater density (greater fiber density at a same/similar thickness) and therefore a much higher gray/black value and require a certain number of pixels within the boundary such that the pattern and boundaries of the apertures are clearer (sharper) and more visible in comparison to the surrounding regions [0007-0010, 0029-0039, 0066].
AND/OR
Phan teaches forming a shaped nonwoven using a forming belt to vary the intensive properties, such as basis weight and varying by at least 25% (col. 3, lines 40-56; col. 4, lines 19-21; & col. 41), of regions formed by repeating, non-random three-dimensional features, wherein the regions of differing basis weight directly correlate to an associated gray level of a calibrated and pseudo-colored (blurred) image, comprising values between 1-26+ or 1-36+ with discernible differences attributed to about every 5 grey level values (cols. 17-20, Tables IVA-IVB), wherein the standard deviation of basis weight in samples of about 4”x4” grid is 5.3 corresponding to the high basis weight areas (in relation to an average of 22.2), 3.7 corresponding to the low basis weight areas (in relation to an average of 8.5), and 5.5 corresponding to transition areas (in relation to an average of 16.1) as to the color scheme of red/yellow appearing high basis weight areas (value between 16-25 or 22-26 in Tables IVA and IVB, respectively) and dark blue low basis weight areas (value between 1-5 or 1-7 in Tables IVA and IVB, respectively) (col. 41), wherein a pixel-weighted average standard deviation was calculated using the largest, smallest, and average values for GL in the high and low basis areas, and a transition GL value estimated by averaging the high and low GL and multiplying by a correction factor of 1.04886 (obtained by 16.1/[(22.2+8.5)/2]), which give values of about 4.2 for Table IVA and about 5.2 for Table IVB.
In combination, Kimura/Phan teach providing substantial greyscale value differences between non-in-plane convex/concave patterns, such as the recessed groove portions (comprising apertures) and protruding convex portions in Noda.
Furthermore, Franke teaches a nonwoven comprising a Haralick calculated values, wherein the density of fibers creates a gray level and the regularity of a pattern can be estimated using by attributing the similar or varying gray level values to a Haralick Correlation feature (standard deviation from the mean contrast), wherein the 1973 Haralick paper in incorporated entirely by reference (col. 10, line 50 – col. 11, line 36), which teaches that textural variation is generally applicable to a wide variety of image based classification [abstract].
It would have been obvious to one of ordinary skill in the art at the time of invention to apply desired gray values to define Haralick contrast functions to determine the non-uniformity and/or regularity of variation in a fabric. One of ordinary skill in the art would have been motivated to provide grey values to areas differing in basis weight, apparent caliper, and/or volumetric density [Phan], to sharply define the darker gray levels in comparison to the remainder of the web for a clearly discernible pattern [Kimura], and to assign a textural evaluation comprising a known method of measurement when determining the desired spatial variation/distribution of lighter and darker regions in an imaged fabric comprising high contrast gray values [Franke].
Regarding claims 4-6 and 16-18, Noda teaches an absorbent article, such as a diaper, comprising the nonwoven fabric as a surface sheet (topsheet) (Figs. 14-15) and/or an outermost (cover) layer (Fig. 17) [0045-0048, 0195-0199, 0206-0207].
Claims 1-9, 12-13, & 15-22 are rejected under 35 U.S.C. 103 as obvious over Ashraf et al. (U.S. Pub. No. 2017/0029994 A1) (hereinafter “Ashraf 1”), optionally in view of Tachikawa et al. (JP 2015-112339 A) (hereinafter “Tachikawa”) OR Nagashima et al. (JP 2015-186543 A) (hereinafter “Nagashima”), as evidenced by or also in view of Greisbach et al. (U.S. Patent No. 5,575,874) (hereinafter “Greisbach”), wherein claims 7-12 & 19-20 are optionally (further) in view of Phan et al. (U.S. Patent No. 5,277,761) (hereinafter “Phan”), Kimura et al. (WO 2018/193775 A1) (hereinafter “Kimura”), and Franke et al. (U.S. Patent No. 5,863,639) (hereinafter “Franke”).
Regarding claims 1-9, 12-13, and 15-20, Ashraf 1 teaches a shaped nonwoven beneficial in use as a component layer in an adult incontinence product/pad (diaper) or sanitary napkin (feminine hygiene pad) is used as topsheet or backsheet nowoven/outer cover [0052, 0139], the shaped nonwoven comprising at least one visually discernible zone comprising a regular repeating (periodic) pattern on at least one surface [0054, 0101], wherein the zone comprises a plurality of three dimensional features formed by a directly forming the nonwoven on a forming belt [0051-0055] that a plurality of three-dimensional features surrounded by a recessed, densified network of features (All Figs. [21]), the plurality of three-dimensional features comprising a first three-dimensional feature (All Figs. 20]) different from a second three-dimensional feature (All Figs. 22]) and both may be different from a third three-dimensional feature (All Figs. 24]) in density and/or basis weight [0055], wherein the three-dimensional features of the fabric each have intensive properties that can differ from feature to feature in ways that convey beneficial properties [0056], wherein the intensive properties can also include elevation and opacity [0109]. Therefore, it would have been obvious one of ordinary skill in the art to provide differences in any combination of basis weight and/or density and elevation and/or opacity.
In the event that first and second features differing in elevation and differing in basis weight and/or density and/or thickness is not obvious as recited above:
Tachikawa teaches a topsheet/outer cover of an absorbent article comprising a densified network of recesses surrounding convex portions [0045] forming a three-dimensional features defining microzones comprising convex portions including larger and smaller convex portions of different heights/elevations/thicknesses, wherein the smaller convex portions also have a higher density than the larger convex portions, which is beneficial for guiding fluids away from the wearer and reducing contact area with the wearer’s skin [0031, 0045].
OR
Nagashima teaches a topsheet/outer cover of an absorbent article comprising recessed/embossed parts (of higher density) forming between them high convex areas (All Figs. [31]) and low convex portions (All Figs. [32]) having differing thicknesses/elevations, wherein fluid can easily move from the low-density high convex portions in contact with the wearer’s skin and provide cushioning therefor to the high-density low convex portions such that liquid is rapidly permeated in the downward from the surface without rapid lateral diffusion, which in turn suppresses leakage [0040].
Furthermore, Greisbach evidences/teaches a shaped nonwoven fabric, formed via a nonwoven fabric forming structure having a patterned surface similar to that of the current invention, and also that of Weisman, wherein basis weight differences provide similar/identical fluid guiding benefits to that of density differences and that areas differing in height and basis weight are due to topography and then permeability differences in the forming structure also inherently will or obvious will be able to apply differences in basis weight in high density recessed areas to that of differences in basis weight to high basis weight, low density projected areas (col. 4, lines 8-32), which may also enhance strength, resilience, and aesthetic properties of the fabric (col. 3, lines 39-45).
It would have been obvious to one of ordinary skill in the art at the time of invention to further divide the projected areas into first and second projected areas having differing heights (and differing densities and/or basis weights). One of ordinary skill in the art would have been motivated to increase guidance of fluids away from the wearer and to reduce contact area with the wearer’s skin [Tachikawa] OR provide cushioning for the wearer’s skin while also providing rapid liquid permeation without rapid lateral diffusion, which suppresses leakage [Nagashima], wherein as formed during the nonwoven fabric formation process set forth in Ashraf, basis weight can also be differentiated in areas in replacement of and/or along with the areas having differing density and elevation/thickness due to the forming surface having areas also differing in permeability in addition to topography [Greisbach].
Further regarding claims 7-9 and 19-20, Ashraf 1 does not disclose a Haralick Maximum 0° Contrast Value, the claimed properties are deemed to be inherent to the structure in the prior art since Ashraf teaches an invention with a substantially similar structure and chemical composition as the claimed invention. Products of identical structure and composition cannot have mutually exclusive properties. The burden is on the Applicants to prove otherwise. If a standard flat fabric produces Haralick horizontal/0° contrast values of 60-71, then the Haralick Contrast values of a three-dimensional fabric formed using the same or substantially same process as the current invention should be substantially within the claimed range.
Alternatively, in the event that the Haralick values of claims 7-9 and 19-20 are not inherent as recited above: Phan teaches forming a shaped nonwoven using a forming belt to vary the intensive properties, such as basis weight and varying by at least 25% (col. 3, lines 40-56; col. 4, lines 19-21; & col. 41), of regions formed by repeating, non-random three-dimensional features, wherein the regions of differing basis weight directly correlate to an associated gray level of a calibrated and pseudo-colored (blurred) image, comprising values between 1-26+ or 1-36+ with discernible differences attributed to about every 5 grey level values (cols. 17-20, Tables IVA-IVB), wherein the standard deviation of basis weight in samples of about 4”x4” grid is 5.3 corresponding to the high basis weight areas (in relation to an average of 22.2), 3.7 corresponding to the low basis weight areas (in relation to an average of 8.5), and 5.5 corresponding to transition areas (in relation to an average of 16.1) as to the color scheme of red/yellow appearing high basis weight areas (value between 16-25 or 22-26 in Tables IVA and IVB, respectively) and dark blue low basis weight areas (value between 1-5 or 1-7 in Tables IVA and IVB, respectively) (col. 41), wherein a pixel-weighted average standard deviation was calculated using the largest, smallest, and average values for GL in the high and low basis areas, and a transition GL value estimated by averaging the high and low GL and multiplying by a correction factor of 1.04886 (obtained by 16.1/[(22.2+8.5)/2]), which give values of about 4.2 for Table IVA and about 5.2 for Table IVB.
Kimura teaches a nonwoven for an absorbent article such as a sanitary napkin or disposable diaper [0002, 0018] comprising at least one visibly discernible regular pattern comprising a concavo-convex features and a plurality of apertures/openings (three-dimensional features) [0026], wherein in the surrounding and contour regions (microzones) adjacent the apertures/openings comprise a greater density and basis weight (greater fiber density at a same/similar thickness) and therefore a much higher gray/black value and require a certain number of pixels within the boundary such that the pattern and boundaries of the apertures are clearer (sharper) and more visible in comparison to the surrounding regions [0007-0010, 0029-0039, 0066]. While Kimura does teach that a concavo-convex pattern is not strong enough for discernment, this is only for a concavo-convex pattern within the thickness plane of the sheet [0005], wherein Ashraf’s three-dimensional features comprising low lying areas of higher density and basis weight (Fig. 4), should function far more similar to the apertures comprising much darker gray levels such as those ascertained by Phan above.
Furthermore, Franke teaches a nonwoven comprising a Haralick calculated values, wherein the density of fibers creates a gray level and the regularity of a pattern can be estimated using by attributing the similar or varying gray level values to a Haralick Correlation feature (standard deviation from the mean contrast), wherein the 1973 Haralick paper in incorporated entirely by reference (col. 10, line 50 – col. 11, line 36), which teaches that textural variation is generally applicable to a wide variety of image based classification [abstract].
It would have been obvious to one of ordinary skill in the art at the time of invention to apply desired gray values to define Haralick contrast functions to determine the non-uniformity and/or regularity of variation in a fabric. One of ordinary skill in the art would have been motivated to provide grey values to areas differing in basis weight, apparent caliper, and/or volumetric density [Phan], to sharply define the darker gray levels in comparison to the remainder of the web for a clearly discernible pattern [Kimura], and to assign a textural evaluation comprising a known method of measurement when determining the desired spatial variation/distribution of lighter and darker regions in an imaged fabric comprising high contrast gray values [Franke].
Regarding claims 21-22, the first surface can be provided with increased fiber-to-fiber bonding via one-side being contacted by a heated roll, such that the first surface has increased to complete melt bonding of fibers and the opposing/second side has little to no bonding for a softer surface [0087, 0093].
New Rejections
Claim Rejections - 35 USC § 102/103
Claims 1-9, 12, & 15-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Takashima et al. (JP 2017-113414 A) (hereinafter “Takashima”), OR, in the alternative, wherein claims 7-9 and 19-20 are rejected under 35 U.S.C. 103 as obvious over Takashima, optionally in view of Phan et al. (U.S. Patent No. 5,277,761) (hereinafter “Phan”) AND/OR Kimura et al. (WO 2018/193775 A1) (hereinafter “Kimura”), and optionally Franke et al. (U.S. Patent No. 5,863,639) (hereinafter “Franke”).
Regarding claims 1-9, 12, and 15-20, Takashima teaches a nonwoven that is to be used as a skin-facing topsheet/outer cover in an absorbent article such as a disposable diaper or sanitary napkin [0001] comprising a plurality of three-dimensional features, each three-dimensional feature defining a microzone having a low basis weight (first) region (All Figs. [51]) having a lower/first elevation/thickness measured from a lower/first surface and a higher density and a high basis weight (second) region (All Figs. [52]) having a greater thickness and a lower density [0046], wherein although Takashima does not disclose a Haralick Maximum 0° Contrast Value, the claimed properties are deemed to be inherent to the structure in the prior art since Takashima teaches an invention with a substantially similar structure and chemical composition as the claimed invention. Products of identical structure and composition cannot have mutually exclusive properties. The burden is on the Applicants to prove otherwise. If a standard flat fabric produces Haralick horizontal/0° contrast values of 60-71, then the Haralick Contrast values of a three-dimensional fabric formed using a substantially similar process of fiber arrangement as the current invention should be substantially within the claimed range.
Alternatively, in the event that the Haralick values of claims 7-9 and 19-20 are not inherent as recited above:
Kimura teaches a nonwoven for an absorbent article such as a sanitary napkin or disposable diaper [0002, 0018] comprising at least one visibly discernible regular pattern comprising a concavo-convex features and a plurality of apertures/openings (three-dimensional features) [0026], wherein in the surrounding and contour regions (microzones) adjacent the apertures/openings comprise a greater density (greater fiber density at a same/similar thickness) and therefore a much higher gray/black value and require a certain number of pixels within the boundary such that the pattern and boundaries of the apertures are clearer (sharper) and more visible in comparison to the surrounding regions [0007-0010, 0029-0039, 0066].
AND/OR
Phan teaches forming a shaped nonwoven using a forming belt to vary the intensive properties, such as basis weight and varying by at least 25% (col. 3, lines 40-56; col. 4, lines 19-21; & col. 41), of regions formed by repeating, non-random three-dimensional features, wherein the regions of differing basis weight directly correlate to an associated gray level of a calibrated and pseudo-colored (blurred) image, comprising values between 1-26+ or 1-36+ with discernible differences attributed to about every 5 grey level values (cols. 17-20, Tables IVA-IVB), wherein the standard deviation of basis weight in samples of about 4”x4” grid is 5.3 corresponding to the high basis weight areas (in relation to an average of 22.2), 3.7 corresponding to the low basis weight areas (in relation to an average of 8.5), and 5.5 corresponding to transition areas (in relation to an average of 16.1) as to the color scheme of red/yellow appearing high basis weight areas (value between 16-25 or 22-26 in Tables IVA and IVB, respectively) and dark blue low basis weight areas (value between 1-5 or 1-7 in Tables IVA and IVB, respectively) (col. 41), wherein a pixel-weighted average standard deviation was calculated using the largest, smallest, and average values for GL in the high and low basis areas, and a transition GL value estimated by averaging the high and low GL and multiplying by a correction factor of 1.04886 (obtained by 16.1/[(22.2+8.5)/2]), which give values of about 4.2 for Table IVA and about 5.2 for Table IVB.
In combination, Kimura/Phan teach providing substantial greyscale value differences between non-in-plane convex/concave patterns, such as the recessed groove portions (comprising apertures) and protruding convex portions in Takashima.
Furthermore, Franke teaches a nonwoven comprising a Haralick calculated values, wherein the density of fibers creates a gray level and the regularity of a pattern can be estimated using by attributing the similar or varying gray level values to a Haralick Correlation feature (standard deviation from the mean contrast), wherein the 1973 Haralick paper in incorporated entirely by reference (col. 10, line 50 – col. 11, line 36), which teaches that textural variation is generally applicable to a wide variety of image based classification [abstract].
It would have been obvious to one of ordinary skill in the art at the time of invention to apply desired gray values to define Haralick contrast functions to determine the non-uniformity and/or regularity of variation in a fabric. One of ordinary skill in the art would have been motivated to provide grey values to areas differing in basis weight, apparent caliper, and/or volumetric density [Phan], to sharply define the darker gray levels in comparison to the remainder of the web for a clearly discernible pattern [Kimura], and to assign a textural evaluation comprising a known method of measurement when determining the desired spatial variation/distribution of lighter and darker regions in an imaged fabric comprising high contrast gray values [Franke].
Claims 1-9, 12, & 15-22 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Ashraf et al. (U.S. Pub. No. 2017/0191198 A1) (hereinafter “Ashraf 2”), OR, in the alternative, wherein claims 7-9 and 19-20 are rejected under 35 U.S.C. 103 as obvious over Ashraf 2, optionally in view of Phan et al. (U.S. Patent No. 5,277,761) (hereinafter “Phan”) AND/OR Kimura et al. (WO 2018/193775 A1) (hereinafter “Kimura”), and optionally Franke et al. (U.S. Patent No. 5,863,639) (hereinafter “Franke”).
Regarding claims 1-9, 12-13, and 15-20, Ashraf 2 teaches a nonwoven fabric for exemplary use as a topsheet or backsheet (outer cover) of a diaper or sanitary napkin [0070] having a pattern of three-dimensional features, each three-dimensional feature having a microzone comprising a first region and a second region, wherein the first region (All Figs. [300]) and second region (All Figs. [310]) are at different elevations/thicknesses as measured from the first surface/plane and can be further distinguished in density and/or basis weight [0212-0215, Figs. 38-39 & 42], wherein although Ashraf 2 does not disclose a Haralick Maximum 0° Contrast Value, the claimed properties are deemed to be inherent to the structure in the prior art since Ashraf 2 teaches an invention with a substantially similar structure and chemical composition as the claimed invention. Products of identical structure and composition cannot have mutually exclusive properties. The burden is on the Applicants to prove otherwise. If a standard flat fabric produces Haralick horizontal/0° contrast values of 60-71, then the Haralick Contrast values of a three-dimensional fabric formed using a substantially similar process of fiber arrangement as the current invention should be substantially within the claimed range.
Alternatively, in the event that the Haralick values of claims 7-9 and 19-20 are not inherent as recited above:
Kimura teaches a nonwoven for an absorbent article such as a sanitary napkin or disposable diaper [0002, 0018] comprising at least one visibly discernible regular pattern comprising a concavo-convex features and a plurality of apertures/openings (three-dimensional features) [0026], wherein in the surrounding and contour regions (microzones) adjacent the apertures/openings comprise a greater density (greater fiber density at a same/similar thickness) and therefore a much higher gray/black value and require a certain number of pixels within the boundary such that the pattern and boundaries of the apertures are clearer (sharper) and more visible in comparison to the surrounding regions [0007-0010, 0029-0039, 0066].
AND/OR
Phan teaches forming a shaped nonwoven using a forming belt to vary the intensive properties, such as basis weight and varying by at least 25% (col. 3, lines 40-56; col. 4, lines 19-21; & col. 41), of regions formed by repeating, non-random three-dimensional features, wherein the regions of differing basis weight directly correlate to an associated gray level of a calibrated and pseudo-colored (blurred) image, comprising values between 1-26+ or 1-36+ with discernible differences attributed to about every 5 grey level values (cols. 17-20, Tables IVA-IVB), wherein the standard deviation of basis weight in samples of about 4”x4” grid is 5.3 corresponding to the high basis weight areas (in relation to an average of 22.2), 3.7 corresponding to the low basis weight areas (in relation to an average of 8.5), and 5.5 corresponding to transition areas (in relation to an average of 16.1) as to the color scheme of red/yellow appearing high basis weight areas (value between 16-25 or 22-26 in Tables IVA and IVB, respectively) and dark blue low basis weight areas (value between 1-5 or 1-7 in Tables IVA and IVB, respectively) (col. 41), wherein a pixel-weighted average standard deviation was calculated using the largest, smallest, and average values for GL in the high and low basis areas, and a transition GL value estimated by averaging the high and low GL and multiplying by a correction factor of 1.04886 (obtained by 16.1/[(22.2+8.5)/2]), which give values of about 4.2 for Table IVA and about 5.2 for Table IVB.
In combination, Kimura/Phan teach providing substantial greyscale value differences between non-in-plane convex/concave patterns, such as the recessed groove portions (comprising apertures) and protruding convex portions in Ashraf 2.
Furthermore, Franke teaches a nonwoven comprising a Haralick calculated values, wherein the density of fibers creates a gray level and the regularity of a pattern can be estimated using by attributing the similar or varying gray level values to a Haralick Correlation feature (standard deviation from the mean contrast), wherein the 1973 Haralick paper in incorporated entirely by reference (col. 10, line 50 – col. 11, line 36), which teaches that textural variation is generally applicable to a wide variety of image based classification [abstract].
It would have been obvious to one of ordinary skill in the art at the time of invention to apply desired gray values to define Haralick contrast functions to determine the non-uniformity and/or regularity of variation in a fabric. One of ordinary skill in the art would have been motivated to provide grey values to areas differing in basis weight, apparent caliper, and/or volumetric density [Phan], to sharply define the darker gray levels in comparison to the remainder of the web for a clearly discernible pattern [Kimura], and to assign a textural evaluation comprising a known method of measurement when determining the desired spatial variation/distribution of lighter and darker regions in an imaged fabric comprising high contrast gray values [Franke].
Regarding claims 21-22, the first surface can be provided with increased fiber-to-fiber bonding via one-side being contacted by a heated roll, such that the first surface has increased to complete melt bonding of fibers and the opposing/second side has little to no bonding for a softer surface [0107, 0231-0234].
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure:
Ohashi et al. (U.S. Pub. No. 2013/0178815 A1) teach a nonwoven comprising a plurality of convex portions defined by a lattice of point-bonded compressed grooves, wherein the convex portions comprise a plurality of ridges and recesses having differing elevations/thicknesses (measured from either or both the first and/or second surface) to increase migration speed and feeling during wear [0011-0013], wherein as applied to Greisbach, Weisman, Ashraf 1, Ashraf 2, or Takashima would have anticipated the claimed subject matter.
De Leon et al. (U.S. Pub. No. 2002/0034914 A1) teach a plurality of three-dimensional projections, which can comprise a single elevation type profile or compound profile having multiple elevations (Fig. 4), wherein as applied to Greisbach, Weisman, Ashraf 1, Ashraf 2, or Takashima (or vice-versa) would have anticipated the claimed subject matter.
Minowa et al. (JP 2005-095209 A) teach a plurality of three-dimensional projections comprising convex portions having areas that are more lofted (lower basis weight and/or density) and thicker/greater elevation (All Figs. [21]) than other portions of the same three-dimensional feature (All Figs., between [23A] & [23B]).
Ostendorf et al. (U.S. Pub. No. 2008/0102250 A1) teaches a nonwoven fabric comprising lofty, low density pillow regions (All Figs. [24]) having a greater elevation/thickness and compressed, high density densified/knuckle regions (All Figs. [20]) having a lower elevation/thickness, and pseudo-pillow regions (All Figs. [23]) having a density between the pillow and knuckle regions and an intermediate elevation/thickness formed within and/or around the pillow regions and/or the knuckle regions [0059], which attributes to the decorative qualities of a three-dimensional fibrous appearance and are expressed through the use of a patterned belt not requiring but optionally assisted by further embossing [0002-0008, 0084-0085], which may be applied to the patterned forming belt production of nonwovens such as set forth in Aberg et al. (U.S. Pub. No. 2012/0027997 A1) and/or as applied to Ashraf 1 [0094] or Ashraf 2 [0117].
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JEFFREY A VONCH whose telephone number is (571)270-1134. The Examiner can normally be reached M-F 9:30-6:00.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Frank J Vineis can be reached at (571)270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY A VONCH/Primary Examiner, Art Unit 1781 January 23rd, 2026