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 based on an application filed in CN on 09-30-2022. It is noted, however, that applicant has not filed a certified copy of the CN application as required by 37 CFR 1.55.
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 1-4 and 6-18 are rejected under 35 U.S.C. 103 as being unpatentable over Erdem et al. US Patent Application Publication 2019/0117472.
As to claim 1, Erdem teaches an absorbent article having a wearer facing surface and a garment facing surface, the absorbent article comprising:
a topsheet 24,
a backsheet 26, and
an absorbent core 28 disposed between the topsheet 24 and the backsheet 26 (para. 0377);
wherein the topsheet 24 comprises a first layer 1 free from cellulose-based fibers – where Erdem teaches one suitable nonwoven material as a topsheet may be an extensible polypropylene/polyethylene spunbonded nonwoven. Erdem teaches fibers may comprise a blend of polypropylene and polyethylene. Alternatively, the fibers may comprise bicomponent fibers, such as sheath-core fiber with polyethylene on the sheath and polypropylene in the core of the fiber (Erdem para. 0080);
the first layer 1 comprising a first surface 3, an opposite second surface 4, and a plurality of apertures 5 (Fig. 1-2; para. 0183, 0187),
wherein the first surface 3 of the first layer 1 forms at least part of the wearer facing surface (Fig. 1-2; para. 0186);
wherein the first surface 3 of the first layer 1 comprises a hydrophilic non-aperture area 8 (Fig. 1; para. 0192-0193) having a first non-aperture area contact angle as measured by Contact Angle Test (para. 0256); and
wherein each of a majority of the plurality of the apertures has a side wall 7 (para. 0162-0163) having an aperture contact angle as measured by Contact Angle Test (para. 0349), the aperture contact angle being higher than the first non-aperture area contact angle. Each of the majority of the apertures 5 has a side wall 7 (paragraphs 0162-0163. 0188) having an aperture contact angle as measured by Contact Angle Test (paragraph 0349). Erdem does not specifically teach the aperture contact angle being higher than the first non-aperture area 8 contact angle. Erdem teaches the apertures being hydrophilic (paragraphs 0260-0262) and the land areas 8 being hydrophilic (paragraph 0103). Erdem teaches the contact angle on the land areas 8 of the first layer after a conditioning process may be more than 500, according to the post-conditioning Contact Angle test Method (para. 0103). However, Erdem teaches at least 20%of the total apertures of the first layer and of the second layer may be hydrophilic (paragraph 0263), which indicates up to 80% of the apertures may be hydrophobic. Erdem teaches "hydrophobic" means a contact angle greater than 70° (para. 0061) and the term "majority of the apertures" means that more than 50%, up to more than 100% of the apertures in the topsheet (paragraph 0062). Based on the teachings of Erdem, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify the aperture contact angle to be higher than the first non-aperture area contact angle.
As to claim 2, the difference between the first non-aperture area (land area 8) contact angle and the aperture contact angle is at least about 10° - where Erdem teaches the contact angle on the land areas of the first layer may be more than 50°, according to the post-conditioning Contact Angle test Method (paragraph 0103). Erdem teaches the contact angle on the majority of apertures may be less than or equal to 70° (paragraph 0349). Thus, the difference between the first non-aperture area 8 and the aperture contact angle is at least about 10°.
As to claim 3, Erdem does not teach the aperture contact angle is equal to or higher than about 80° as measured by Contact Angle Test. However, Erdem also teaches that at least 20% of the total apertures of the first layer and of the second layer may be hydrophilic (para. 0263), which leaves about 80% of the apertures a hydrophobic. Erdem teaches "hydrophobic" means a contact angle greater than 70° (para. 0061), which includes equal to or higher than about 800. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the claimed aperture contact angle, since 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 et al. 105 USPQ 233.
As to claim 4, Erdem teaches the non-aperture area 8 comprises a hydrophilic treatment – where Erdem teaches the first layer may be hydrophilic (Erdem para. 0096, 0273) and specifically, the first surface of the first layer between the majority of the apertures may be less than or equal to 700 (hydrophilic), according to the Contact Angle Method.
As to claim 6, the apertures 5 comprise pin apertures (Erdem para. 0229, 0231, and 0262).
As to claim 7, the topsheet 24 comprise a second layer 2, and wherein the first layer partially interpenetrates the second layer in the apertures (Erdem para. 0154).
As to claim 8, the second layer 2 is not completely covered by the first layer in the apertures – where Erdem teaches the first layer may be shorter than the second layer in the plurality of apertures (para. 0154).
As to claim 9, the first layer 1 comprises a plurality of protrusions 9 extending outwardly, away from a land area 8 on the first surface (Fig. 3 and 4).
As to claim 10, Erdem teaches the topsheet 24 further a second layer 2, the second layer 2 comprising a first surface 10, an opposing second surface 11 and a plurality of apertures 5 (para. 0187) in such a way that the first surface 10 of the second layer 2 is in a face to face relationship with the second surface 4 of the first layer 1 (Fig. 1 and 2; para. 0184).
As to claim 11, Erdem teaches the second layer 2 comprises thermoplastic fibers (para. 0029, 0141).
As to claim 12, the second surface 11 of the second layer 2 comprises a land area 12 having a second non-aperture area contact angle, and wherein the second non-aperture area contact angle is not greater than the first non-aperture area contact angle – where Erdem teaches the first layer may be hydrophobic and the second layer may be hydrophilic. Erdem teaches the contact angle on the first surface of the first layer between the majority of the apertures (land areas 8, non-aperture contact angle) may be more than 700 and the contact angle om the second surface 11 of the second layer 2 between the majority of the apertures (land areas 12) may be less than or equal to 700 according to the Contact Angle Test Method (para. 0256-0257).
As to claim 13, Erdem incorporates by reference (Erdem paragraph 0463), Kirby et al. US Patent Application Publication 2014/0121625 (Erdem paragraph 0005). Kirby teaches a three-dimensional topsheet having apertures in the first layer with at least 3% of open area - where Kirby teaches a body facing material having open areas ranging from 1-20% in a chosen area of the body facing material (Kirby paragraph 0139).
As to claim 14, Erdem teaches a nonwoven free from cellulose-based fibers – where Erdem teaches one suitable nonwoven material as a topsheet may be an extensible polypropylene/polyethylene spunbonded nonwoven. Erdem teaches fibers may comprise a blend of polypropylene and polyethylene. Alternatively, the fibers may comprise bicomponent fibers, such as sheath-core fiber with polyethylene on the sheath and polypropylene in the core of the fiber (Erdem para. 0080). Erdem further teaches the first layer 1 comprising a first surface 3, an opposite second surface 4, and a plurality of apertures 5 (Fig. 1-2; para. 0183, 0187),
wherein the first surface 3 of the first layer 1 comprises a hydrophilic non-aperture area 8 (Fig. 1; para. 0192-0193) having a first non-aperture area contact angle as measured by Contact Angle Test (para. 0256); and
wherein each of a majority of the plurality of the apertures has a side wall 7 (para. 0162-0163) having an aperture contact angle as measured by Contact Angle Test (para. 0349), the aperture contact angle being higher than the first non-aperture area contact angle. Each of the majority of the apertures 5 has a side wall 7 (paragraphs 0162-0163. 0188) having an aperture contact angle as measured by Contact Angle Test (paragraph 0349). Erdem does not specifically teach the aperture contact angle being higher than the first non-aperture area 8 contact angle. Erdem teaches the apertures being hydrophilic (paragraphs 0260-0262) and the land areas 8 being hydrophilic (paragraph 0103). Erdem teaches the contact angle on the land areas 8 of the first layer after a conditioning process may be more than 500, according to the post-conditioning Contact Angle test Method (para. 0103). However, Erdem teaches at least 20%of the total apertures of the first layer and of the second layer may be hydrophilic (paragraph 0263), which indicates up to 80% of the apertures may be hydrophobic. Erdem teaches "hydrophobic" means a contact angle greater than 70° (para. 0061) and the term "majority of the apertures" means that more than 50%, up to more than 100% of the apertures in the topsheet (paragraph 0062). Based on the teachings of Erdem, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify the aperture contact angle to be higher than the first non-aperture area contact angle.
As to claim 15, Erdem teaches the nonwoven comprises a second layer 2, the second layer comprising a first surface, an opposing second surface (para. 0145) and a plurality of apertures (para. 0152), wherein the first surface of the second layer is in a face to face relationship with the second surface of the first layer (Erdem para. 0147).
As to claim 16, the second surface 11 of the second layer 2 comprises a land area 12 having a second non-aperture area contact angle, and which is not greater than the first non-aperture area contact angle – where Erdem teaches the first layer may be hydrophobic and the second layer may be hydrophilic. Erdem teaches the contact angle on the first surface of the first layer between the majority of the apertures (land areas 8, non-aperture contact angle) may be more than 700 and the contact angle om the second surface 11 of the second layer 2 between the majority of the apertures (land areas 12) may be less than or equal to 700 according to the Contact Angle Test Method (para. 0256-0257).
As to claim 17, Erdem teaches a method for producing an apertured nonwoven comprising steps of:
a) providing a first layer free from cellulose-based fibers – where Erdem teaches one suitable nonwoven material as a topsheet may be an extensible polypropylene/polyethylene spunbonded nonwoven. Erdem teaches fibers may comprise a blend of polypropylene and polyethylene. Alternatively, the fibers may comprise bicomponent fibers, such as sheath-core fiber with polyethylene on the sheath and polypropylene in the core of the fiber (Erdem para. 0080). Erdem further teaches the first layer 1 comprising a first surface 3, an opposite second surface 4;
b) providing an aperturing apparatus comprising a and a plurality of apertures 5 (Fig. 1-2; para. 0183, 0187),
b) providing an aperturing apparatus (Fig. 5-7, and 9) comprising a first forming member and a second forming member which engages the first forming member, wherein the first forming member comprises a plurality of pins on its surface and the second forming member comprises a plurality of recesses on its surface (para. 229, 231, 0363);
c) wetting the pins on the first forming member (para. 0262; Fig. 9, para. 0369) with a treatment having a HLB value not higher than about 13. Erdem teaches the side wall of each aperture is coated with a treatment - where Erdem teaches a hydrophilic treatment can be applied on the majority of apertures 5 (paragraphs 0260-0261). However, Erdem does not specifically teach the hydrophilic treatment has an HLB value not higher than about 13. Klofta teaches an absorbent article having a hydrophilic apertured topsheet. Klofta teaches a hydrophilic surfactant to improve wettability with HLB values of at least about 7 (Klofta paragraph 0215) for the benefit of providing a topsheet hydrophilic material to promote rapid transfer of liquids through the topsheet (Klofta paragraph 0215). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the surfactant of Erdem with and HLB value not higher than about 13 for the benefits taught in Klofta.
d) moving the first layer between the first and second forming members so that apertures are formed in the first layer as the pins on the first forming member and the recesses on the second forming member are engaged (Fig. 5-8, para. 0152-0154, 0364-366);
wherein the first surface 3 of the first layer 1 comprises a land area 8 (Fig. 1; para. 0192-0193) having a first non-aperture area contact angle as measured by Contact Angle Test (para. 0256); and
wherein each of a majority of the plurality of the apertures has a side wall 7 (para. 0162-0163) having an aperture contact angle as measured by Contact Angle Test (para. 0349). Erdem does not specifically teach the aperture contact angle being higher than the first non-aperture area 8 contact angle. Erdem teaches the apertures being hydrophilic (paragraphs 0260-0262) and the land areas 8 being hydrophilic (paragraph 0103). Erdem teaches the contact angle on the land areas 8 of the first layer after a conditioning process may be more than 500, according to the post-conditioning Contact Angle test Method (para. 0103). However, Erdem teaches at least 20%of the total apertures of the first layer and of the second layer may be hydrophilic (paragraph 0263), which indicates up to 80% of the apertures may be hydrophobic. Erdem teaches "hydrophobic" means a contact angle greater than 70° (para. 0061) and the term "majority of the apertures" means that more than 50%, up to more than 100% of the apertures in the topsheet (paragraph 0062). Based on the teachings of Erdem, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify the aperture contact angle to be higher than the first non-aperture area contact angle.
As to claim 18, Erdem teaches the method according to Claim 17, wherein the step a) comprises providing a first layer 1 comprising cellulose-based fibers (Erdem para. 0113, 0070, 0093-0095), a first surface 3 and an opposite second surface 4, and providing a second layer 2 comprising a first surface 10 and an opposite second surface 11 in such a way that the first surface 10 of the second layer 2 is in a face to face relationship with the second surface 4 of the first layer 1 (Erdem Fig. 1 and 2; para. 0283-0284), and
wherein step d) comprises moving the first layer and second layer between the first and second forming members in such a way that the first surface 3 of the first layer 1 faces the first forming member so that apertures are formed in the first layer and the second layer as the pins on the first forming member and the recesses on the second forming member are engaged (Fig. 5-9; para. 0286, 0364, 0366-0369).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Erdem as applied to claim 1 above in view of Klofta et al. US Patent Application Publication 2018/0161474. As to claim 5, Erdem teaches the side wall of each aperture is coated with a treatment - where Erdem teaches a hydrophilic treatment can be applied on the majority of apertures 5 (paragraphs 0260-0261). However, Erdem does not specifically teach the hydrophilic treatment has an HLB value not higher than about 13. Klofta teaches an absorbent article having a hydrophilic apertured topsheet. Klofta teaches a hydrophilic surfactant to improve wettability with HLB values of at least about 7 (Klofta paragraph 0215) for the benefit of providing a topsheet hydrophilic material to promote rapid transfer of liquids through the topsheet (Klofta paragraph 0215). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the surfactant of Erdem with and HLB value not higher than about 13 for the benefits taught in Klofta.
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.
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.
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.
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.
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.
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.
/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781