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 .
Status of the Claims
The claim filed 02/09/2024 has been entered. Claims 1-20 are pending and under consideration.
Drawings
The drawings are objected to because
Figure 2a, element 18 is not clear whether the lead line terminates on and indicating a specific structure of side panel 104, i.e., primary region, or an entire structure.
Figure 2c, element 10 is not clear whether the lead line terminates on and indicating a specific structure of side panel 104, i.e, first region, or an entire structure.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should includ0e all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 214 and 216 illustrated in figures 3 and 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: [0109] 196d. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1, 2, 4-6 and 8-15 rejected under 35 U.S.C. 103 as being unpatentable over Dalal et al (US 20180271716 A1) in view of Mueller et al (US 20180042786 A1) and Fukuda et al (EP 2647360 A1).
Regarding claim 1, Dalal substantially teaches applicant’s claimed invention, and specifically discloses a new device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
an absorbent article comprising:
a first waist region (figure 9, 14), a second waist region (figure 9, 18), and a crotch region (figure 9, 16) disposed between the first waist region and the second waist region;
a chassis (figure 9, 20) comprising a topsheet (figure 9, 24), a backsheet (figure 9, 26), and an absorbent core (figure 9 and [0089] core 28 positioned between the topsheet 24 and backsheet 26) positioned between the topsheet and the backsheet; and
a side panel (figure 9, ear 30) comprising:
an ultrasonically bonded, gathered laminate (figure 5, [0058] and [0065] ear 30 comprising elastomeric laminate comprising elastomeric layer joined to first and/or second nonwoven layers by ultrasonic bonds) comprising an elastomeric layer (figure 5, elastomeric layer 302) and a substrate (figures 1-5 and [0059], nonwoven layers 300 and 304 comprising nonwoven web 100),
a first panel region (figure 6, portion of ear spans width Y+Z+X),
a second panel region (figure 6, portion of ear excluding the first panel region),
an elastic region (figure 6, elastic region 306), and
a first inelastic region (figure 6, inelastic region 312);
wherein the side panel is joined to the chassis at a chassis attachment bond (figures 6a, 9 and [0097] ears joined at chassis attachment bond 35 positioned in second waist region 18) and positioned in one of the first or second waist regions;
wherein the first panel region comprises a side panel surface modification (figures 1-4 [0058]-[0059] and [0063], bond patterns 106. the nonwoven layers 300 and 304 formed of a web 100 comprising bond patterns 106 illustrated in figures 1-4 that forms the external surface 314) and wherein the second panel region is free of the side panel surface modification, creating a morphological difference between the first panel region and the second panel region; and
wherein the first panel region is in at least partial overlapping relationship with the first inelastic region (figure 6, the first panel region overlaps the inelastic region 312) and wherein the second panel region is in at least partial overlapping relationship with the elastic region.
Dalal does not teach wherein the second panel region is free of the side panel surface modification, creating a morphological difference between the first panel region and the second panel region.
In the same field of endeavor, namely an absorbent articles with ear portions, Mueller teaches wherein the second panel region (figures 2-4, first inelastic regions 308 is free of bonds 46) is free of the side panel surface modification, creating a morphological difference between the first panel region and the second panel region (figure 4 and [0082], only first panel region defined by elasticize region 306 and second inelastic region 310 comprising bonding patterns 46 which at least creating aesthetic difference between the first and second panel regions).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dalal to incorporate the teachings of Mueller and provides the side panel as claimed for the purpose of provide district visual characteristic and/or surface feeling that distinguishes bonding region from another as taught by Mueller ([0082]). For instance, such feature provide the user with instantaneous sensory feedback, allowing them to distinguish which portion of the side panel is being grasped without requiring visual confirmation. The feature facilities precise alignment, attachment, and removal of the side panels from corresponding fastening system.
The combination does not teach wherein the second panel region is in at least partial overlapping relationship with the elastic region.
In the same field of endeavor, namely a disposable diaper, Fukuda teaches wherein the second panel region is in at least partial overlapping relationship with the elastic region (annotated figure 61, the second panel region overlaps with the elastic region).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dalal, as modified by Mueller, to incorporate the teachings of Fukuda and provides the side panel as claimed for the purpose of improving side panel breathability, fit and prolonged stretchability as taught by Fukuda ([0299]-[0305])
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Regarding claim 2, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches wherein the side panel surface modification is disposed only in the substrate (Dalal; figures 1-4 [0058]-[0059] and [0063] the bonding patterns 106 only present on nonwoven web 100).
Regarding claim 4, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches wherein the first panel region differs from the second panel region in at least one of the following properties: breathability, stiffness, strength, extensibility, caliper, z-directional resiliency, softness, and tear resistance (The combination teaches a first panel region comprising surface bond patterns, i.e., bond pattern 106 of Dalal, while the second panel region is substantially free of the patterns. This difference results in a differential softness profile between two regions. Specifically, the surface bond patterns impart distinctive tactile properties to the first regions that are physical and sensory-wise distinguishable from the second region, thereby creating softness difference.)
Regarding claim 5, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches wherein the side panel surface modification is formed by the application of at least one of the following to the substrate: ultrasonic energy, laser energy, mechanical activation, pressure, liquid coating, folding, cutting, adhesive, and heat (Dalal; abstract, the laminate further includes a plurality of ultrasonic bonds, and the ultrasonic bonds are formed by ultrasonic energy)
Regarding claim 6, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches wherein the elastomeric layer comprises a film (Dalal [0060] Nonlimiting examples of elastomeric materials include film).
Regarding claim 8, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches comprising a waist panel (Dalal; figure 9, waist feature 80) comprising:
a waist laminate (Dalal; figures 2-4, [0058], [0075] and [0097] the waist feature formed of an elastomeric laminate 310 comprising nonwoven webs joined to elastomeric film, and the nonwoven webs comprise bond patterns 106 illustrated in figures 1-4 forms the external surface 314) comprising an elastic film joined to a nonwoven and a waist laminate surface modification,
wherein the waist laminate surface modification corresponds to the side panel surface modification in one of the group consisting of: pattern, modification type, relative surface area of the respective panel and combinations thereof (Dalal; figures 2-4, bonding pattern 106).
Regarding claim 9, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches wherein the side panel comprises a second inelastic region (Dalal; figure 6, inelastic region 308 of the second panel region).
Regarding claim 10, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 9.
The combination further teaches wherein the elastic region is disposed between the first inelastic region and the second inelastic region (Dalal; figure 6, the elastic region 306 disposed between the inelastic regions 308 and 312)
Regarding claim 11, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 9.
The combination further teaches wherein the first inelastic region or the second inelastic region is disposed proximate to the chassis and between the chassis and the elastic region (Dalal; figures 6 and 6a, inelastic region 308 proximate to chassis and disposed between the chassis and elastic region 306).
Regarding claim 12, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 9.
The combination further teaches wherein the first inelastic region or the second inelastic region comprises the chassis attachment bond (Dalal; figure 6a, the first inelastic region 308 comprises the chassis attachment bond 35)
Regarding claim 13, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches wherein the side panel is disposed in the second waist region (Dalal; figure 9, the ear 30 disposed in the second waist region 18), and the second waist region comprises a rear waist region ([0101] the second waist region is rear waist region).
Regarding claim 14, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches wherein the side panel surface modification is present on at least two layers of the laminate (Dalal; figures 1-4 [0058]-[0059] and [0063] the bonding patterns 106 present on nonwoven web 300 and 304).
Regarding claim 15, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination further teaches wherein the side panel surface modification is not present in the elastomeric layer (Dalal; figures 1-4 [0058]-[0059] and [0063] the bonding patterns 106 only present on nonwoven web 300 and 304).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Dalal et al (US 20180271716 A1) in view of Mueller et al (US 20180042786 A1) and Fukuda et al (EP 2647360 A1), and in further view of Muhs et al (US 20100230857 A1).
Regarding claim 3, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination does not expressly teach wherein the side panel surface modification comprises at least one of the following: embossing, apertures, perforations, slits, melted material, coatings, compressed material, secondary bonds that are disposed apart from the chassis attachment bond, plastic deformation, and folds.
In the same field of endeavor, namely a process for making embossed web, Muhs teaches wherein the side panel surface modification comprises at least one of the following: embossing, apertures, perforations, slits, melted material, coatings, compressed material, secondary bonds that are disposed apart from the chassis attachment bond, plastic deformation, and folds (figure 3, embossed elements 22).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dalal, as modified by Mueller and Fukuda, to incorporate the teachings of Muhs and provides the side panel surface modification as claimed for the purpose of providing desirable feel, visual impression, and/or audible impression as taught by Muhs ([0003])
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Dalal et al (US 20180271716 A1) in view of Mueller et al (US 20180042786 A1) and Fukuda et al (EP 2647360 A1), and in further view of Lodge et al (US 5993432 A).
Regarding claim 7, Dalal, as modified by Mueller and Fukuda, teaches the absorbent article of claim 1.
The combination does not teach wherein the substrate comprises a pre-activated nonwoven.
In the same field of endeavor, namely web materials having elastic-like and expansive zones, Lodge teaches wherein the substrate comprises a pre-activated nonwoven (col 3 lines 30-35 “the material making up the expansive zone has been pre-strained or permanently elongated”).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dalal, as modified by Mueller, to incorporate the teachings of Lodge and provide the substrate as claimed, for the purpose of providing elastic like behavior (col 1 line 65 col 2 line 10), which improves fit during use.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Dalal et al (US 20180271716 A1) in view of Mueller et al (US 20180042786 A1)
Regarding claim 16, Dalal substantially teaches applicant’s claimed invention, and specifically discloses a device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
an absorbent article comprising:
a first waist region(figure 9, 14), a second waist region (figure 9, 18), and a crotch region (figure 9, 16) disposed between the first waist region and the second waist region;
a chassis (figure 9, chassis 20) comprising a topsheet (figure 9, 24), a backsheet (figure 9, 26), and an absorbent core (figure 9 and [0089] core 28 positioned between the topsheet 24 and backsheet 26) positioned between the topsheet and the backsheet; and
a side panel (figure 9, ear 30) comprising:
an ultrasonically bonded, gathered laminate comprising an elastomeric layer and a substrate (figure 5, [0058] and [0065] ear 30 comprising elastomeric laminate comprising elastomeric layer joined to first and/or second nonwoven layers by ultrasonic bonds),
a first panel region (figure 6, first inelastic region 308 except first lateral edge 40),
a second panel region (figure 6, second inelastic region 312 except second latera edge 42),
an elastic region (figure 6, 306), and
a first inelastic region (figure 6, lateral edge 42);
wherein the side panel is joined to the chassis at a chassis attachment bond (figure 9 and [0097] ears joined at chassis attachment bond 35 at first waist region 18) and positioned in one of the first or second waist regions; and
wherein the first panel region comprises a side panel surface modification ([0075] the first and/or second nonwoven web comprises bonding pattern shown in figures 2-4) and wherein the second panel region is free of the side panel surface modification, creating a morphological difference between the first panel region and the second panel region; and
a waist panel (figure 9, waist feature 80) comprising: a waist laminate comprising a waist laminate elastic film joined to a waist laminate nonwoven and a waist laminate surface modification (figures 2-4, [0058], [0075] [0097] the waist feature comprises elastomeric laminate 310 that comprises nonwoven webs joined to elastomeric film, the nonwoven web comprising bonding pattern illustrated in figures 2-4).
Dalal does not teach wherein the second panel region is free of the side panel surface modification, creating a morphological difference between the first panel region and the second panel region.
In the same field of endeavor, namely an absorbent articles with ear portions, Mueller teaches wherein the second panel region (figures 2-4, first inelastic regions 308 is free of bonds 46) is free of the side panel surface modification, creating a morphological difference between the first panel region and the second panel region (figure 4 and [0082], only first panel region defined by elasticize region 306 and second inelastic region 310 comprising bonding patterns 46 which at least creating aesthetic difference between the first and second panel regions).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dalal to incorporate the teachings of Mueller and provide the surface modification as claimed for the purpose of providing distinct visual characteristic as taught by Mueller ([0082]). Furthermore, such feature provide the user with instantaneous sensory feedback, allowing them to distinguish which portion of the side panel is being grasped without requiring visual confirmation. The feature facilities, the precise alignment, attachment, and removal of the side panels from corresponding fastening system.
Regarding claim 17, Dalal, as modified by Mueller, teaches the absorbent article of claim 16.
The combination further teaches wherein the waist laminate surface modification corresponds to the side panel surface modification in one of the group consisting of: pattern, modification type, relative surface area of the respective panel and combinations thereof (Dalal; figures 2-4, bonding pattern 106)
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Dalal et al (US 20180271716 A1) in view of Mueller et al (US 20180042786 A1) in further view of Laux et al (US 5904675 A)
Regarding claim 18, Dalal, as modified by Mueller, teaches the absorbent article of claim 16.
The combination further teaches wherein the waist panel comprises:
an inboard lateral edge (Dalal; figure 9, upper edge of waist feature 80 coextensive with second waist edge 19), an outboard lateral edge (Dalal; figure 9, opposite lower edge), and two longitudinal edges (Dalal; figure 9, latera edges);
wherein regions of the waist panel adjacent the outboard lateral edge and the longitudinal edges are bonded to the chassis, and at least a portion of an inboard lateral edge of the waist panel is unattached to the chassis.
The combination does not teach wherein regions of the waist panel adjacent the outboard lateral edge and the longitudinal edges are bonded to the chassis, and at least a portion of an inboard lateral edge of the waist panel3 is unattached to the chassis.
In the same field of endeavor, namely an absorbent article with improved elastic margins and containment system, Laux teaches wherein regions of the waist panel adjacent the outboard lateral edge and the longitudinal edges are bonded to the chassis, and at least a portion of an inboard lateral edge of the waist panel is unattached to the chassis (figures 1-3 and col 13 lines 45-65, waist pocket member comprising flange 82 and opposing end sections 128 are being attached to topsheet by generally U-shaped arrangement of attachment 126).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dalal, as modified by Mueller, to incorporate the teachings of Laux and provide the waist panel as claimed for the purpose of creating effective pocket or waist flap structure to capture bodily fluids and waste as taught by Laux (col 13 lines 15-25).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Dalal et al (US 20180271716 A1) in view of Mueller et al (US 20180042786 A1) in further view of Lodge et al (US 5993432 A).
Regarding claim 19, Dalal, as modified by Mueller, teaches the absorbent article of claim 16.
The combination does not teach wherein the waist laminate nonwoven comprises a pre-activated nonwoven.
In the same field of endeavor, namely web materials having elastic-like and expansive zones, Lodge teaches wherein the waist laminate nonwoven comprises a pre-activated nonwoven (col 3 lines 30-35 “the material making up the expansive zone has been pre-strained or permanently elongated”).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dalal, as modified by Mueller, to incorporate the teachings of Lodge and provide the waist laminate nonwoven as claimed, for the purpose of providing elastic like behavior (col 1 line 65 - col 2 line 10), which improves fit during use.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Dalal et al (US 20180271716 A1) in view of Mueller et al (US 20180042786 A1) in further view of Muhs et al (US 20100230857 A1).
Regarding claim 20, Dalal, as modified by Mueller, teaches the absorbent article of claim 16.
The combination does not teach wherein the side panel surface modification comprises at least one of the following: embossing, apertures, perforations, slits, melted material, and coatings.
In the same field of endeavor, namely a process for making embossed web, Muhs teaches wherein the side panel surface modification comprises at least one of the following: embossing, apertures, perforations, slits, melted material, and coatings (figure 3, extended elements 22).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Dalal, as modified by Mueller, to incorporate the teachings of Muhs and provides the side panel surface modification as claimed for the purpose of providing desirable feel, visual impression, and/or audible impression as taught by Muhs ([0003])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Curro (US 5700255 A) is cited as disclosing absorbent article having composite elasticated member which relatively relevant to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH HAN whose telephone number is (571)272-2545. The examiner can normally be reached M-F 0900-1700.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SETH HAN/Examiner, Art Unit 3781