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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). Certified copies of the following Parent Applications have been received.
Application
Filing date
PCT CN 2023071285
9 Jan 2023
PCT CN 2023071286
9 Jan 2023
PCT CN 2023111971
9 Aug 2023
Claim Objections
The claims contain minor informalities.
In claim 10, the language “… starting means for starting a removing activity …” should be changed for clarity.
In claim 16, the language “… is selected from the group consisting of a …” should be changed for clarity.
Claim Interpretation - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
In claim 10, the limitation “starting means for starting removing activity” has not been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it recites sufficient structure to achieve the function.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1, 4-12, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kleuskens; Sarah Austin et al. (US 20170216111 A1) in view of Waxman; David M. et al. (US 20110034893 A1).
Regarding claim 1, Kleuskens discloses a diaper article comprising an absorbent assembly and an application structure (¶ [0004], [0024], [0042] Referring to FIGS. 1 and 2, a particular aspect of a disposable absorbent article 20; ¶ [0048], The article 20 can further include a front waist elastic member 91 and a back waist elastic member 93);
the absorbent assembly comprising: 1) a first absorbent body (¶ [0049] The absorbent insert 100 described above and illustrated in FIGS. 3-17 is used in conjunction with a disposable absorbent article or other garment, undergarment, pad, or wearable article);
comprising: a) a first water permeable topsheet; b) a first water impermeable backsheet; and c) a first absorbent core disposed between the first topsheet and the first backsheet (¶ [0052] The absorbent insert 100 can include an insert absorbent core 112 disposed between the insert backsheet 104 and insert topsheet 108. In one aspect, the insert absorbent core 112 includes the same materials described above with respect to the chassis absorbent core 59);
2) a second absorbent body disposed on a garment facing side of the first absorbent body (¶ [0042], FIGS. 1 and 2 … a disposable absorbent article 20);
comprising: a) a second water permeable topsheet; b) a second absorbent core; and 3) a chassis disposed on a garment facing side of the second absorbent core, the chassis comprising a water impermeable chassis backsheet (¶ [0045] The article 20, which includes the main chassis of the article 20, also includes a chassis absorbent unit 58 superposed over the crotch region 38 of the outer cover 24. The chassis absorbent unit 58 includes a chassis absorbent core 59, and in particular aspects includes a chassis topsheet 96 and a chassis backsheet 98);
wherein the first outer cover and the second topsheet are bonded with a Temporary Bond which enables removing the first absorbent body from a remainder of the diaper article (¶ [0057] The absorbent insert 100 is affixed to the chassis absorbent unit 58 by bonding the absorbent insert 100 to the bonded area 116 of the chassis absorbent unit 58, for example to the chassis topsheet 96, by any suitable method. In one aspect, the absorbent insert 100 is cut and placed on the chassis topsheet 96 and then bonded using ultrasonics … Alternatively, the perimeter bonding can be achieved using adhesive, pressure bonding/embossing, any other suitable method, or any combination of these ¶ [0058] For an absorbent insert 100 bonded using adhesive, the absorbent insert 100 can be adhesively bonded to the chassis topsheet 96 with zoned adhesive contoured around the insert absorbent core 112. If the absorbent insert 100 includes a tab or other removal device 160 (described below), the tab or other removal device 160 would need to be largely free of adhesive and available for easy access by a user).
Kleuskens is silent regarding the Temporary Bond’s Peak Force and Average Force, and does not disclose a Peeling Strength Measurement Method.
It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite a Peeling Strength Measurement Method to read on the claim language.
When the structure or composition recited in the reference is substantially identical to that of the claims of the instant invention, claimed properties or functions presumed to be inherent (MPEP 2112-2112.01). A prima facie case of either anticipation or obviousness has been established when the reference discloses all the limitations of a claim (in this case, a Temporary Bond formed by ultrasonically bonding the first and second absorbent bodies around their perimeters ¶ [0052]) except for a property or function (in the present case, a Peak Force of about 16N or lower and an Average Force of about 0.3N or higher according to the Peeling Strength Measurement Method) and the examiner cannot determine whether or not the reference inherently possesses properties that anticipate or render obvious the claimed invention but has a basis for shifting the burden of proof to applicant, as per In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Kleuskens lacks d) a first outer cover. Waxman discloses a reusable absorbent article comprising an absorbent assembly (¶ [0005], [0012], [0013] FIGS. 1-2, the underpad 10);
comprising: a) a first water permeable topsheet (¶ [0013], The first or top layer 12 is made of a hydrophilic material);
b) a first water impermeable backsheet (¶ [0021] A third layer 16 is disposed adjacent to and beneath or below the soaking layer 14, and is directly in contact with the bottom surface 14b of the soaking layer 14. The third layer 16 functions as a barrier layer which is substantially impermeable to liquid);
c) a first absorbent core disposed between the first topsheet and the first backsheet (¶ [0015] The soaking layer 14 is preferably made of a non-woven needle punch fabric and comprises a plurality of hydrophobic fibers and a plurality of hydrophilic fibers);
d) a first outer cover disposed on a garment facing side of the first backsheet (¶ [0021], The bottom layer 18 is preferably made of a substantially liquid impermeable material that provides a non-slip surface between the underpad 10 and the surface on which the user is resting, sitting, lying, etc. Preferably, the bottom layer 18 is made of a polyester tricot fabric).
Waxman provides a reusable or launderable pad (¶ [0024], thereby resulting in an underpad 10 that is durable and capable of withstanding several hundred launderings without suffering any significant changes or deterioration), and also reinforces an absorbent body against leaks by providing a second impermeable layer (¶ [0023] Because of the unique composition of the soaking layer 14, the underpad 10 has superior absorption properties and provides for maximum comfort of the user by keeping the user dry). A skilled artisan would have been able to modify Kleuskens with Waxman’s first outer cover by adding a second impermeable layer to Kleuskens’s absorbent insert 100. Therefore, it would have been obvious to modify Kleuskens with Waxman’s first outer cover in order to prevent leaks and optionally to provide a launderable absorbent body.
Regarding claims 4-6, 8-10, 14 and 16, Kleuskens discloses a diaper article wherein the Temporary Bond is formed by ultrasonic energy (¶ [0057] The absorbent insert 100 is affixed to the chassis absorbent unit 58 by bonding the absorbent insert 100 to the bonded area 116 of the chassis absorbent unit 58, for example to the chassis topsheet 96, by any suitable method. In one aspect, the absorbent insert 100 is cut and placed on the chassis topsheet 96 and then bonded using ultrasonics);
wherein the Temporary Bond is disposed along transverse edges of the second topsheet extending in a longitudinal direction; wherein the Temporary Bond is provided in a shape of an oval (¶ [0057], The bonding can occur around the perimeter of the absorbent insert 100, and preferably only adjacent to the perimeter of the absorbent insert 100, and not necessarily along the entire perimeter of the absorbent insert 100. The majority of the absorbent insert 100, particularly away from the perimeter, does not receive bonding);
wherein an indicia is provided on a garment facing side of the first outer cover for guiding where the first absorbent body may be pinched for removing the first absorbent body from a remainder of the diaper article (¶ [0058], If the absorbent insert 100 includes a tab or other removal device 160 (described below), the tab or other removal device 160 would need to be largely free of adhesive and available for easy access by a user; ¶ [0065], Alternatively, any tab 168 described herein or the absorbent insert 100 can have an aperture, hole, slot, or other access point 164 for easier grasping, as illustrated in FIG. 15);
wherein the indicia is provided on both a front end and a back end of the first absorbent body; wherein the indicia further comprises a starting means for starting removing activity, the starting means selected from the group consisting of a projection, a fold, an opening, and combinations thereof (¶ [0065], Alternatively, any tab 168 described herein or the absorbent insert 100 can have an aperture, hole, slot, or other access point 164 for easier grasping, as illustrated in FIG. 15; ¶ [0066] In other aspects illustrated in FIG. 16, the tabs 168 can be disposed on one or both ends of the removable portion 120 can be configured to help confine the removable portion 120 for disposal);
wherein the first and second absorbent cores comprise superabsorbent polymers (¶ [0052] In one aspect, the insert absorbent core 112 includes the same materials described above with respect to the chassis absorbent core 59 … the absorbent can be greater than 50 percent superabsorbent material);
wherein the application structure is selected from the group of a fastening structure and an elastic belt (¶ [0048], The article 20 can further include a front waist elastic member 91 and a back waist elastic member 93).
Regarding claim 7, Kleuskens further discloses an Auxiliary Temporary Bond, wherein the Auxiliary Temporary Bond is disposed between the Temporary Bonds and extending in a transverse direction, wherein the Auxiliary Temporary Bond is disposed adjacent a longitudinal edge of the Temporary Bond (¶ [0057], The bonding can occur around the perimeter of the absorbent insert 100, and preferably only adjacent to the perimeter of the absorbent insert 100, and not necessarily along the entire perimeter of the absorbent insert 100. The majority of the absorbent insert 100, particularly away from the perimeter, does not receive bonding).
Although Kleuskens does not distinguish the Auxiliary Temporary Bond from the Temporary Bonds, Kleuskens’s absorbent bodies include an ultrasonic bond that extends around its perimeter. The absorbent body has a roughly rectangular shape, whose perimeter includes both transverse and longitudinal edges (Fig. 2). Since the ultrasonic bond extends around the absorbent body’s perimeter, it will likewise have both transverse and longitudinal components.
Regarding claim 11, Kleuskens discloses that a front end of the second absorbent core is disposed distal from that of the first absorbent core, a front end of the first backsheet is disposed between the front end of the second absorbent core and a front end of the first absorbent core (¶ [0054], In still another aspect illustrated in FIG. 5, the chassis topsheet 96 can be full length and the insert topsheet 112 can be shorter and narrower in a cut and place execution; ¶ [0056] In a cut and place execution, the insert backsheet 104 of the absorbent insert 100 is typically narrower, shorter, and shaped compared to the chassis backsheet 98 or outer cover 24).
Kleuskens and Waxman do not explicitly disclose that a front end of the first outer cover is disposed between the front end of the second absorbent core and the front end of the first absorbent core. However, Kleuskens calls for a backsheet and topsheet that are generally longer than the absorbent core, such that the backsheet and topsheet define the absorbent body’s front end (Fig. 5, insert absorbent core 112 is shorter than the insert backsheet 104 and insert topsheet 108).
This rejection modifies Kleuskens’s absorbent body with Waxman’s outer cover, by arranging Waxman’s outer cover along Kleuskens’s absorbent body’s perimeter. Therefore, the first outer cover’s front end will extend somewhere between the front ends of the second and first absorbent cores.
Regarding claim 12, Kleuskens and Waxman are silent regarding a Folded Thickness of the diaper.
Waxman discloses thickness ranges for at least two of the absorbent body’s layers (¶ [0014], The soaking layer 14 has a thickness of approximately 2.5-3.0 millimeters; ¶ [0021], The barrier layer 16 has a thickness of approximately 25 to 30 micrometers and is attached to the fourth or bottom backing layer 18).
The diaper includes a pair of absorbent bodies, and therefore has an overall thickness of approximately twice the absorbent body’s thickness. The absorbent core is the thickest layer at approximately 3.0 mm, and the other layers add at most 30 micrometers. The resulting diaper will therefore have an overall thickness of approximately 6-7 millimeters.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Kleuskens and Waxman in view of Siqueira; Jose et al. (US 20080095978 A1).
Regarding claims 2 and 3, Kleuskens and Waxman are silent regarding the basis weight of the first outer cover and the second topsheet. Siqueira discloses a nonwoven composite and a method of forming it (¶ [0002], [0003] , [0034]);
comprising an elastic film and nonwoven web (¶ [0034], a nonwoven composite that contains an elastic film laminated to one or more nonwoven web materials);
wherein the film has a basis weight of from about 6.5 gsm to about 25 gsm; or a basis weight of from about 11 gsm to about 40 gsm (¶ [0055], Upon stretching, the film typically has a basis weight of about 60 grams per square meter or less, and in some embodiments, from about 15 to about 35 grams per square meter; ¶ [0107], The blown film was thermally bonded between two polypropylene spunbond facings having a basis weight of approximately about 14 grams per square meter; ¶ [0110], film was then thermally bonded between two polypropylene spunbond facings having a basis weight of approximately about 14 grams per square meter); and
the nonwoven web has a basis weight of from about 6.5 gsm to about 25 gsm; or a basis weight of from about 11 gsm to about 40 gsm (¶ [0064] The basis weight of the nonwoven web material may generally vary, such as from about 5 grams per square meter ("gsm") to 120 gsm, in some embodiments from about 10 gsm to about 70 gsm, and in some embodiments, from about 15 gsm to about 35 gsm).
Siqueira demonstrates suitable ranges for the basis weights of films and nonwoven webs. A skilled artisan would have been able to modify Kleuskens’s first outer cover and second topsheet with Siqueira’s basis weights by constructing them with Siqueira’s film or nonwoven web.
Regarding the first outer cover having a lower basis weight than the second topsheet, Siqueira demonstrates a range of basis weights (¶ [0055], [0064]). A skilled artisan would have been able to construct Kleuskens’s first outer cover and second topsheet with various combinations of Siqueira’s film or nonwoven web.
One would be motivated to modify Kleuskens and Waxman with Siqueira’s basis weight ranges since Kleuskens cites Siqueira as an example of suitable front and back body panel materials (¶ [0045], U.S. Patent Application Publications US 2008/0095978 and US 2009/0197041, both assigned to Kimberly-Clark Worldwide, Inc., provide examples of technology suitable for use in creating the front and back body panel elastomeric film laminates). Also, Waxman calls for constructing the first backsheet and first outer cover from film and nonwoven materials, respectively (¶ [0021], The barrier layer 16 is preferably made of a high temperature resistant polymer film, such as a polyurethane film … Preferably, the bottom layer 18 is made of a polyester tricot fabric). Therefore, it would have been obvious to modify Kleuskens and Waxman with Siqueira’s basis weight ranges in order to construct the diaper from available materials.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kleuskens and Waxman in view of Nukina, Mica et al. (US 20030009142 A1).
Regarding claim 13, Kleuskens and Waxman lack a T1 that is equal to or greater than T3. Nukina discloses a multi-layer feminine hygienic pad comprising multiple absorbent bodies (¶ [0010], [0014], [0078] FIG. 1 shows an embodiment of the feminine hygienic pad; ¶ [0116] In the embodiment of the present invention shown in FIGS. 7(a) to 7(d));
including individual backsheets (¶ [0079] To the lower side of the sheet of a fluid-absorbing material 10, a backing sheet 11 having a larger dimension by area than that of the sheet 10 is attached);
wherein a first backsheet has a transverse dimension T1 and a second topsheet has a transverse dimension T3; wherein T1 is equal to or greater than T3 (¶ [0118], FIG. 7(c) shows a bottom view … Peripheral parts of upper composite absorption sheets 21, 31, and 41 are each extended from the corresponding peripheral part of the composite absorption sheet disposed directly below, and a pressure-sensitive adhesive is applied to the extended part).
Nukina prevents leaks around the lateral edges of multiple stacked absorbent cores, by configuring their widths to be substantially equal. One would be motivated to modify Kleuskens and Waxman with Nukina’s equally wide absorbent bodies to reduce the risk of leaking around the lateral edges. Therefore, it would have been obvious to modify Kleuskens and Waxman with Nukina’s equally wide absorbent bodies in order to reduce the risk of leakage.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kleuskens and Waxman in view of Fukae; Akinori et al. (US 20200315866 A1).
Regarding claim 15, Kleuskens and Waxman lack chassis outer and inner cuffs. Fukae discloses an underpants-type disposable diaper (¶ [0001], [0008], [0010], 0053] FIGS. 1 to 6 illustrate an underpants-type disposable diaper);
comprising a chassis (¶ [0074], a belt shaped gather nonwoven fabric 62 … root portion 65);
15. The diaper article of claim 1 wherein the chassis further comprises a pair of chassis outer cuffs (¶ [0072] The side gathers 60 extend throughout the whole front-back direction LD along both sides of the inner member 200 and are provided to contact the legs of a wearer and prevent side leakage; ¶ [0082], a first portion 61 (flat gather portion)); and
a pair of chassis inner cuffs (¶ [0082], a second portion 69 (three-dimensional gather portion));
wherein the pair of chassis outer cuffs are formed by the chassis backsheet, a chassis cuff material (¶ [0082], The first portion 61 protrudes to the side of the inner member 200 from the root portion 65 fixed to a side portion of the inner member 200 on the back surface side of the liquid impervious sheet 11); and
a plurality of outer cuff elastic bodies sandwiched between a chassis backsheet and the chassis cuff material (¶ [0074], a plurality of elongated gather elastic members 63 are fixed with intervals in the width direction WD in a stretched state along the longitudinal direction between the folded back portion and an adjacent sheet); and
wherein the pair of chassis inner cuffs are formed by the chassis cuff material extending inwardly (¶ [0082], The second portion 69 protrudes to the front surface side of the inner member 200 from a portion of the root portion 65 fixed to each of both sides of the top sheet 30 in the inner member 200); and
encompassing a plurality of inner cuff elastic bodies (¶ [0074], a plurality of elongated gather elastic members 63 are fixed with intervals in the width direction WD in a stretched state; ¶ [0082], a plurality of the elastically stretchable gather members 63).
Fukae prevents side leaks with a pair of barrier cuffs (¶ [0056], The reference sign 60 denotes a side gather 60 extending from both sides of the inner member 200 so as to be in contact with the legs of a wearer in order to prevent excrement from leaking to the both sides of the inner member 200). One would be motivated to modify Kleuskens and Waxman with Fukae’s chassis outer and inner cuffs to reduce the risk of side leakage. Therefore, it would have been obvious to modify Kleuskens and Waxman with Fukae’s chassis outer and inner cuffs in order to prevent side leaks.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ahr; Nick A. et al. US 5460624 A
Horney; James C. US 5599339 A
Osborn, III; Thomas Ward US 6096017 A
Bjorklund; Camilla et al. US 6524291 B1
Hermansson, Kent et al. US 20030100873 A1
Samuelsson; Ann et al. US 6579272 B1
Tears, Denise Crites et al. US 20030163105 A1
Högberg; Karin et al. US 20230201048 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to:
Tel 571-272-2590
Fax 571-273-2590
Email Adam.Marcetich@uspto.gov
The Examiner can be reached 8am-4pm Mon-Fri.
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 is assigned is 571-273-8300.
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.
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.
/Adam Marcetich/
Primary Examiner, Art Unit 3781