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.
(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.
Claims 1-4 and 8-9 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Samuelsson et al. (US 2008/0103470).
With reference to claim 1, Samuelsson et al. (hereinafter “Samuelsson”) discloses an absorbent article (10) comprising:
a garment-facing surface (figure 1 and annotated figure 6a below);
a wearer-facing surface (figure 1 and annotated figure 6a below);
a front waist region (figure 1);
a back waist region (figure 1);
a crotch region (32) positioned intermediate the front waist region and the back waist region (figure 1);
a first side edge (25);
a second side edge opposite the first side edge (opposite side 25);
a first end edge (see annotated figure 6a below);
a second end edge opposite the first end edge (see annotated figure 6a below);
a liquid permeable topsheet (14) forming a portion of the wearer-facing surface;
a liquid impermeable backsheet (16);
an absorbent core (12) positioned at least partially intermediate the topsheet and the backsheet, wherein the absorbent core comprises an absorbent material [0024];
an acquisition material positioned intermediate the absorbent core and the topsheet [0027];
an outer cover nonwoven material in a face to face relationship with the backsheet and forming a portion of the garment-facing surface [0023]; and
a disposal tape (18) comprising a first end region, a second end region, and a central region (figure 3b), wherein the disposal tape comprises a plurality of hook fasteners (20) in the second end region [0044], and wherein the plurality of hook fasteners are integral with a material of the second end region of the disposal tape as set forth in [0054].
PNG
media_image1.png
411
642
media_image1.png
Greyscale
As to claim 2, Samuelsson discloses an absorbent article wherein the disposal tape is joined to the garment-facing surface in the back waist region as set forth in [0020].
With reference to claim 3, Samuelsson discloses an absorbent article wherein the absorbent article is a pant as set forth in [0002].
Regarding claim 4, Samuelsson discloses an absorbent article wherein the disposal tape comprises a nonwoven material [0047] and an elastic material as set forth in [0058].
As to claim 8, Samuelsson discloses an absorbent article wherein the first end region of the disposal tape is joined to a portion of the garment-facing surface as shown in the figures, see especially figure 6b.
Regarding claim 9, Samuelsson discloses an absorbent article wherein the second end region comprises a second plurality of hook fasteners, and wherein the second plurality of hook fasteners are integral with a material of the second end region of the disposal tape as set forth in [0044] and [0054].
Claims 14-16 and 18 -20 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Schilpp et al. (US 2012/0101464).
With reference to claim 14, Schilpp et al. (hereinafter “Schilpp”) discloses an absorbent article (abstract) comprising:
a garment-facing surface (figure 3);
a wearer-facing surface (figure 4);
a front waist region (22);
a back waist region (24);
a crotch region (26) positioned intermediate the front waist region and the back waist region [0066];
a first and second opposite side edges (36);
a first end edge (38);
a second end edge (39) opposite the first end edge (figure 3);
a liquid permeable topsheet (42) forming a portion of the wearer-facing surface;
a liquid impermeable backsheet (40);
an absorbent core (44) positioned at least partially intermediate the topsheet and the backsheet [0076], wherein the absorbent core comprises an absorbent material [0082];
an acquisition material positioned intermediate the absorbent core and the topsheet as set forth in [0058] through the incorporation of WO 00/37009 (hereinafter “Fletcher”) where Flectcher discloses acquisition materials as set forth on page 17, lines 9-14;
an outer cover nonwoven material in a face to face relationship with the backsheet and forming a portion of the garment-facing surface as also disclosed in Fletcher on page 13, line 39 to page 14, line 25 ;
a disposal patch (202) comprising a plurality of hook fasteners formed from a portion of the outer cover nonwoven material (see [0008] where Schilpp discloses that the article fastening component is integral with one of front or back side panels and [0069] where it is discloses that the side panels are integrally formed with the outer cover),
wherein the disposal patch is positioned on the front waist region or the back waist region (figure 3), and
wherein the disposal patch is configured to engage and hold a portion of the absorbent article as set forth in [0097].
As to claims 15 and 16, Schilpp discloses an absorbent article comprising a second disposal patch (opposite 202) comprising a second plurality of integral hook fasteners formed from a portion of the outer cover nonwoven material (see [0008] where Schilpp discloses that the article fastening component is integral with one of front or back side panels and [0069] where it is discloses that the side panels are integrally formed with the outer cover),
wherein the second disposal patch is positioned in the back waist region (cl. 15) as shown in figure 3, and wherein the disposal patch is configured to engage and hold a portion of the absorbent article as set forth in [0097].
As to claim 18, Schilpp discloses an absorbent article wherein each of the disposal patch and the second disposal patch are positioned in the front waist region as set forth in [0100].
Regarding claim 19, Schilpp discloses an absorbent article comprising:
a first ear (134) extending from the back waist region and comprising a first joining portion (204); and
a second ear (34) extending from the front waist region and comprising a second joining portion (84);
wherein the first joining portion of the first ear is configured to be joined to the second joining portion of the second ear (figures 1-2) to form a refastenable side seam (66) as shown in figures 1-2.
With reference to claim 20, Schilpp discloses an absorbent article wherein the disposal patch is configured to engage and hold a portion of at least one of the first ear and the second ear as shown in figure 1.
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.
Claims 5-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Samuelsson et al. (US 2008/0103470) and further in view of WO 99/17693.
With reference to claims 5 and 6, Samuelsson teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Samuelsson and claims 5 and 6 is the provision that the elastic material is provided in a specific form (i.e., a film or a plurality of strands).
Initially, it is noted that Samuelsson provides the general teaching of an elastic material.
The inclusion of an alternate forms of elastic materials would reasonably fall within the scope of the disclosure because the general teaching of elastics has already been set forth.
Alternatively, WO 99/17693 (hereinafter “King”) teaches an analogous absorbent article including a disposal tape having elastic film and/or a plurality of elastic strands (cl. 6) as set forth on page 14, lines 31 and on page 15, lines 36 to page 16, line 4.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the elastic of Samuelsson as film and/or a plurality of strands to allow for the desired amount of extension and stretch as taught by King on page 16, lines 32-34.
With reference to claim 10, Samuelsson teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Samuelsson and claim 10 is the provision that the
central region of the disposal tape is joined to a portion of the garment-facing surface.
King teaches an analogous absorbent article wherein the central region of the disposal tape is joined to a portion of the garment-facing surface as set forth on page 14, line 31 to page 15, line 2.
It would have been obvious to one of ordinary skill in the art at the time of the invention to join the central region of Samuelsson to the garment facing surface in order to allow for a greater range of motion about the folded garment for disposal as taught by King on page 14, line 31 to page 15, line 2.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Samuelsson et al. (US 2008/0103470) and further in view of WO 2020/029240.
With reference to claim 7, Samuelsson teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Samuelsson and claim 7 is the provision that the absorbent article includes a back belt positioned on the wearer-facing surface in the back waist region, wherein the back belt comprises a nonwoven material and an elastic material.
WO 2020/029240 (hereinafter “Yao”) teaches an analogous absorbent article including a back belt (86) positioned on the wearer facing surface in the back waist region (figures 1A and 2), wherein the back belt comprises a nonwoven material and an elastic material as set forth on page 6, lines 13-14, page 7, line 15 to page 8, line 4 and on page 15, lines 2-3.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Samuelsson with a back belt in order to create fitment forces and to distribute the forces dynamically generated during wear as taught by Yao on page 7, lines 7-9.
Claims 11-13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Schilpp et al. (US 2012/0101464).
With reference to claims 11 and 13, Schilpp discloses an absorbent article (abstract) comprising:
a garment-facing surface (figure 3);
a wearer-facing surface (figure 4);
a front waist region (22);
a back waist region (24);
a crotch region (26) positioned intermediate the front waist region and the back waist region [0066];
a first and second opposite side edges (36);
a first end edge (38);
a second end edge (39) opposite the first end edge (figure 3);
a liquid permeable topsheet (42) forming a portion of the wearer-facing surface;
a liquid impermeable backsheet (40);
an absorbent core (44) positioned at least partially intermediate the topsheet and the backsheet [0076], wherein the absorbent core comprises an absorbent material [0082];
an acquisition material positioned intermediate the absorbent core and the topsheet as set forth in [0058] through the incorporation of WO 00/37009 (hereinafter “Fletcher”) where Flectcher discloses acquisition materials as set forth on page 17, lines 9-14;
an outer cover nonwoven material in a face to face relationship with the backsheet and forming a portion of the garment-facing surface as also disclosed in Fletcher on page 13, line 39 to page 14, line 25 ;
a first ear (134) extending from the back waist region and comprising a first joining portion (204); and
a second ear (34) extending from the front waist region and comprising a second joining portion (84);
wherein the first joining portion of the first ear is configured to be joined to the second joining portion of the second ear (figures 1-2) to form a refastenable side seam (66);
the first ear or the second ear comprising a disposal tab (202) extending beyond the first or second joining portion (figures 1-2);
the disposal tab comprising a fastener region, the fastener region comprising a plurality of hook fasteners as set forth in [0097].
The difference between Schilpp and claims 11 and 13 is the explicit recitation that hook fasteners are integrally formed with a material of the disposal tab.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include integral hook fasteners because Schilpp recognizes that various attachment techniques including thermal and ultrasonic bonding [0102] that would reasonably result in an integral structure.
Additionally, one of ordinary skill in the art would have been motivated by Schilpp to provide an integral structure because Schilpp discloses modifications to achieve the desired level of engagement as set forth in [0085].
With respect to claim 12, Schilpp discloses an absorbent article comprising:
a third ear (opposite 134) extending from the back waist region and comprising a third joining portion (opposite 204);
a fourth ear (opposite 34) extending from the front waist region and comprising a fourth joining portion (opposite 84);
wherein the third joining portion of the third ear is configured to be joined to the fourth joining portion of the fourth ear to form a second refastenable side seam opposite the first refastenable side seam as shown in figures 1-2.
the third ear or the fourth ear comprising a second disposal tab (opposite 202) extending beyond the third or fourth joining portion (figures 1-2);
the second disposal tab comprising a second fastener region, the second fastener region comprising a plurality of hook fasteners as set forth in [0097].
The difference between Schilpp and claim 12 is the explicit recitation that hook fasteners are integrally formed with a material of the disposal tab.
It would have been obvious to one of ordinary skill in the art at the time of the invention to include integral hook fasteners because Schilpp recognizes that various attachment techniques including thermal and ultrasonic bonding [0102] that would reasonably result in an integral structure.
Additionally, one of ordinary skill in the art would have been motivated by Schilpp to provide an integral structure because Schilpp discloses modifications to achieve the desired level of engagement as set forth in [0085].
With reference to claim 17, Schilpp teaches the invention substantially as claimed as set forth in the rejection of claim 14.
The difference between Schilpp and claim 17 is the explicit recitation that the disposal patch is positioned in the front waist region and the second disposal patch is positioned in the back waist region.
It would have been obvious to one of ordinary skill in the art at the time of the invention to position the disposal patch in the front waist region and the second disposal patch is positioned in the back waist region as desired because Schilpp recognizes that the disposal patches may be positioned in either the front or back waist region as set forth in [0100-0101].
Response to Arguments
Applicant's arguments filed December 10, 2025 have been fully considered but they are not persuasive.
Applicant argues that the cited portions of Samuelsson are not understood to teach or suggest at least, "wherein the plurality of hook fasteners are formed integrally from a material of the second end region of the disposal tape" as recited, in part, by amended claim 1, and that Samuelsson is silent as to the hook fasteners being formed integrally from the material of the second end region of the disposal tape.
Paragraph [0054] of Samuelsson expressly recites that "the material layer 22 is an integral part of the outer surface of the disposal fastening means 18." Material layer (22) is in a second end region as shown the figures, see especially figures 3a-3b. Samuelsson discloses that the disposal fastening means (18) contains the fastening element (20) in [0044] and that the fastening means (18) and the material layer (22) are integral, thereby also disclosing that the fastening element contained by the disposal means is integral with the material layer which is found in the second end region.
Regarding claim 14, applicant argues that the Office Action has not demonstrated how paragraphs [0008] and [0069] disclose "a disposal patch comprising a plurality of integral hook fasteners formed from a portion of the outer cover material" as recited, in part, in claim 14.
In this case, [0008] of Schilpp discloses that the article fastening component is integral with one of the front and back side panels while [0069] discloses that the absorbent assembly and the side panels are integrally formed and that they may include other materials pertaining to those elements. These paragraphs support the disposal patch being formed from a portion of the outer cover material. It is further noted that [0095] discloses that the disposal tab (202) can be “disposed” on the article in a specific manner. [0027] also discloses that “disposed” includes being integral with. Additionally, [0008] refers to the fastening components and there are multiple instances within the disclosure that refer to the fastening component and, specifically the element relied on (202) including a plurality of hooks.
The applicant is also reminded that the term “integral” has been established to include elements are rigidly secured since they are considered “integral” in a functional sense. See In re Clark, (CCPA), 102 USPQ 241.
“Integral” is also considered sufficiently broad to embrace constructions united by such means as fastening and welding. See In re Hotte, (CCPA), 177 USPQ 326.
Schilpp discloses in [0102] that:
The attachment region 204 of each finger tab 202 is suitably attached to the inner surface of the back side panel 134, such as by adhesive, thermal bonding, ultrasonic bonding, pressure bonding, or other suitable attachment technique, and in [0106] that:
“…each finger tab 202 is suitably constructed of a base substrate 216 having a tab fastening component 212 (e.g., a hook fastening component in the illustrated aspect) attached thereto such as by adhesive bonding, thermal bonding, ultrasonic bonding, pressure bonding, or other suitable technique to define the tab fastener region 208 of the finger tab 202.”
The same argument holds true with respect to claim 11.
As such, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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, 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.
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.
/MICHELE KIDWELL/Primary Examiner, Art Unit 3781