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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kreuzer et al. (2012/0316528).
With respect to claim 1, Kreuzer discloses an absorbent article 1 having a wearer-facing side, a garment-facing size, and a longitudinal axis A, as shown in figure 1. The article comprises a topsheet 5, a backsheet 6, and an absorbent core 7, as shown in figure 1. The absorbent core comprises an absorbent material comprising superabsorbent polymers, as disclosed in paragraph [0005], a core wrap 16 and 16’, and first and second channels 26 with an area therebetween, as shown in figure 7. A first glue application area comprises a first glue 40 and is at least disposed in the area between the first and second channels 26, as shown in figure 7. A second glue application area comprising a second glue 60 is at least disposed outside the area between the first and second channels 26, as shown in figure 7. The first glue application area 40 has a first glue application pattern and the second glue application area 60 has a second glue application pattern, as shown in figure 7.
With respect to claim 2, the first glue application pattern 60 is continuous along the bottom of the core wrap, as shown in figure 7.
With respect to claim 3, the first glue is slot-coated, as disclosed in paragraph [0153].
With respect to claim 4, the second glue application pattern 40 is discontinuous, as shown in figure 7.
With respect to claim 5, the second glue application pattern is randomly deposited adhesive fibers, as disclosed in paragraph [0152].
With respect to claim 6, the second glue application area 40 comprises a first portion on one side of the longitudinal axis and a second portion on the other side of the longitudinal axis, as shown in figure 7.
With respect to claim 7, the first and second portions of the second glue application area 40 extend along the full length of the first and second channels 26, as shown in figure 3A.
With respect to claim 8, the first and second channels 26 comprise no absorbent material, as shown in figure 7, and therefore comprise less absorbent material than the area between the first and second channels.
With respect to claim 9, the absorbent material of the absorbent core comprises less than 20% of cellulosic fibers by weight of the absorbent material, as disclosed in paragraph [0049].
With respect to claim 10, the absorbent material is free of cellulosic fibers, as disclosed in paragraph [0049].
With respect to claim 11, the first and second channels 26 are substantially free of absorbent material and are surrounded by absorbent material 50, as shown in figure 7.
With respect to claim 12, a top side 16’ and a bottom side 16 of the core wrap are attached to each other through the channels 26, as shown in figure 9.
With respect to claim 13, the first and second channels 26 are longitudinally extending, as shown in figure 2, and have a length L that is at least 25% of the length M of the absorbent core, as disclosed in paragraph [0069].
With respect to claim 14, the first and second channels 26 do not extend to any edge of the absorbent core, as shown in figure 2.
With respect to claim 15, Kreuzer discloses an absorbent article 1 having a wearer-facing side, a garment-facing size, and a longitudinal axis A, as shown in figure 1. The article comprises a topsheet 5, a backsheet 6, and an absorbent core 7, as shown in figure 1. The absorbent core comprises an absorbent material comprising superabsorbent polymers, as disclosed in paragraph [0005], a core wrap 16 and 16’, and first and second channels 26 with an area therebetween, as shown in figure 7. A first glue 40 is disposed in a first glue application area having a first glue application pattern and is at least disposed in the area between the first and second channels 26, as shown in figure 7. A second glue 60 is disposed in a second glue application area having a second glue application pattern and is at least disposed outside the area between the first and second channels 26, as shown in figure 7. The first glue application pattern 40 differs from the second glue application pattern 60, as shown in figure 7. The first glue 60 is continuous along the bottom of the core wrap, as shown in figure 7.
With respect to claim 16, the first and second channels 26 comprise no absorbent material, as shown in figure 7, and therefore comprise less absorbent material than the area between the first and second channels.
With respect to claim 17, a top side 16’ and a bottom side 16 of the core wrap are attached to each other through the channels 26, as shown in figure 9.
With respect to claim 18, Kreuzer discloses an absorbent article 1 having a wearer-facing side, a garment-facing size, and a longitudinal axis A, as shown in figure 1. The article comprises a topsheet 5, a backsheet 6, and an absorbent core 7, as shown in figure 1. The absorbent core comprises an absorbent material comprising superabsorbent polymers, as disclosed in paragraph [0005], a core wrap 16 and 16’, and first and second channels 26 with an area therebetween, as shown in figure 7. A first glue 60 is disposed in a first glue application area having a first glue application pattern and is at least disposed in the area between the first and second channels 26, as shown in figure 7. A second glue 40 is disposed in a second glue application area having a second glue application pattern and is at least disposed outside the area between the first and second channels 26, as shown in figure 7. The first glue application pattern 60 differs from the second glue application pattern 40, as shown in figure 7. The second glue application area 40 is larger than the first glue application area 60, as shown in figure 7.
With respect to claim 19, the first and second channels 26 comprise no absorbent material, as shown in figure 7, and therefore comprise less absorbent material than the area between the first and second channels.
With respect to claim 20, a top side 16’ and a bottom side 16 of the core wrap are attached to each other through the channels 26, as shown in figure 9.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 9-13, 15, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8, and 13-17 of U.S. Patent No. 10,285,876. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims disclose all limitations of the pending claims and therefore anticipate the pending claims.
Pending Claims
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents 9,011,401; 7,753,899; and 6,753,455 disclose absorbent articles having different glue application patterns.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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