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 § 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.
Claims 1, 2, 5-9, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morimoto US Patent Application Publication 2019/034406.
As to claim 1, Morimoto teaches a disposable absorbent article 20 having a longitudinal direction L1 and a transversal direction T1 perpendicular to the longitudinal direction (Fig. 2; para. 0032), and
comprising a front region 26, a back region 28, a crotch region 30 between the front region 26 and the back region 28 in the longitudinal direction (Fig. 2; para. 0032), and
a main body 38 comprising an absorbent core 62 disposed to cover continuously the crotch region 30 and at least part of the front region 26 and back region 28 (Fig. 2; para. 0032-0033),
wherein the front 26 and back 28 regions are connected each other such that a first and a second seams 32 are formed so that the absorbent article comprises leg openings and a waist opening (Fig. 1; para. 0031, 0034);
wherein the front region 26 comprises, in the longitudinal direction, an upper front region (between chassis edge 50 and belt edge 88, the examiner will note as 40Fa), a lower front region 34F, and an intermediate front region 40F between the upper front region 40Fa and the lower front region 34F (Fig. 2);
the front region 26 comprising, in the transversal direction,
a first side region 82, a second side region 82, and a central region 80 between the first side region 82 and the second side region 82 (Fig. 2; para. 0033),
wherein the back region 28 comprises, in the longitudinal direction, an upper back region (between chassis edge 50 and belt edge 88, the examiner will note as 40Ba), a lower back region 34B having side edges 89 opposed to each other, and an intermediate back region 40B between the upper back region 40Ba and the lower back region 34B (Fig. 2),
the back region 28 comprising, in the transversal direction, a first side region 82, a second side region 82, and a central region 80 between the first side region 82 and the second side region 82(Fig. 2; para. 0033),
wherein the crotch region 30 comprise, in the longitudinal direction,
a front crotch region 52 connected to the front region 26,
a back crotch region 54 connected to the back region 28, and
an intermediate crotch region 56 between the upper back region 40Ba and the lower back region 34B (Fig. 2; para. 0033);
wherein the intermediate front region 40F comprises an area adjacent to each side edge 89, the side edge 89 comprising an elastic material 96 (para. 0044),
wherein the lower front region 34F and the front crotch region 52 have no stretchability, and wherein at least part of the crotch region overlapping the absorbent core 52/62 has no stretchability – where Morimoto teaches the front and/or back belt 84, 86 may be treated such that certain of the area overlapping the front and/or back waist panel 52, 54 of the central chassis 38 are removed of elasticity (Fig. 2; para. 0045).
As to claim 2, Morimoto teaches the lower back region 34B and the back crotch region 54 have no stretchability - where Morimoto teaches the front and/or back belt 84, 86 may be treated such that certain of the area overlapping the front and/or back waist panel 52, 54 of the central chassis 38 are removed of elasticity (Fig. 2; para. 0045).
As to claim 5, the central region 80 near 52, in the front region 26 has no stretchability – where Morimoto teaches the elastics are removed (Fig. 2; para. 0045).
As to claim 6, Morimoto teaches the intermediate front region 40F comprises, in the transversal direction, a first side region 82, a second side region 82 opposed to the first side region, and a central region 80 between the first side region 82 and the second side region 82 , wherein the central region 80 near 52, has no stretchability (Fig. 2; para. 0045).
As to claim 7, the central region 80, near 54 in the back region 28 has no stretchability (Fig. 2; para. 0045).
As to claim 8, the intermediate back region comprises 40B, in the transversal direction, a first side region 82, a second side region 82 opposed to the first side region, and a central region 80 between the first side region 82 and the second side region 82, wherein the central region 80, near 54 has no stretchability (Fig. 2; para. 0045).
As to claim 9, Morimoto teaches each of the front region 26 and back region 28 comprises at least one material 92 continuous along the transversal direction (Morimoto para. 0044).
As to claim 12, the intermediate front region 40F does not overlap the absorbent core – where the center of the intermediate front region 40F is free of elastics and does not overlap the core 52/62 (Fig. 2).
As to claim 13, the core 62 extends to the intermediate back region at back waist panel 54 (Fig. 2; para. 0033, 0046).
As to claim 14, Morimoto in paragraph 0016, incorporates by reference Roe WO 2011/087503 who teaches a disposable absorbent article wherein the crotch region comprises curved leg elastic portions 36 that may be situated along substantially the entire length of the leg (page 15, for the benefit of promoting a snug fit, wearer comfort, and appearance (Roe page 15, lines 9-13).
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 3, 4, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto US Patent Application Publication 2019/0374406.
As to claims 3 and 4, Morimoto teach the present invention substantially as claimed. However, Morimoto does not teach the intermediate front region 40F has a lower elastic force than the upper front region 40Fa for claim 4, the intermediate back region 40B has a lower elastic force than the upper back region 40Ba.
Morimoto teaches the elastic belt region 40 may be adjusted by one or more of the following methods; 1) elongation rate of the elastic body 96; 2) density (dtex) of the elastic body 96; and 3) longitudinal interval of multiple elastic body 96 in the transverse direction. Morimoto further teaches some elastics may be disposed to impart higher tensile stress in certain regions. Such one or more elastics of higher tensile stress may be disposed in an array of 2-4 elastic strands having an interval within the array of between 2-4mm. Morimoto teaches the array may be disposed on the front belt between the longitudinal length of from about 0.5 LF to about 0.85 LF from the waist opening (upper front region 40Fa). Morimoto teaches the array may be disposed on the back belt between the longitudinal length of from about 0.25LF to about 0.5LF from the waist opening (para. 0056). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify the front and back elastic belts to have a lower elastic force in the intermediate region and a higher elastic force in the upper region to allow the pant-type article to be easy to apply yet provide a comfortable and secure fit in the waist region.
Note: it appears there is a type in paragraph 0056 – which should read “The array may be disposed on the back belt between the longitudinal length of from about 0.25 LB to about 0.5LB from the waist opening.
As to claim 10, Morimoto does not specifically teach the longitudinal distance of the intermediate front region 40F is about 100% - 300% that of the upper front region 40Fa.
Morimoto does show the intermediate region 40F is longer than the upper portion of the belt and the length 40F takes up the majority of the total length LF (Fig. 2). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the intermediate front region in a length of about 100%-300% of the upper front region depending on the size and fit desired for the absorbent article. “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
As to claim 11, Morimoto does not specifically teach a total longitudinal distance of the lower front region 34F and the front crotch region 52 is about 100%-300% that of the upper front region 40Fa. Morimoto does show lower front region 34F and the front crotch region 52 is longer than the upper portion of the belt (Fig. 2). Additionally, Morimoto teaches the lower front region 34F can vary in longitudinal length (para. 0052). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the total longitudinal distance of the lower front region 34F and the front crotch region at about 100%-300% of the upper front region depending on the size and fit desired for the absorbent article. “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cheng et al. US Patent Application Publication 2020/0085633 and LI et al. US Patent Application Publication 2020/0261282 are cited to show panty-type absorbent articles with elastic belts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781