DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1, 2, 4-8, 10-13, and 16 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Moriura et al.(US Publication 2009/0056867).in view of Miyamura et al.(WO 2010/146996)
Moriura et al. discloses a method of making an absorbent article comprising providing a first moving surface(27A) having an absorbent layer forming reservoir with multiple raised strips(t1), depositing absorbent particles onto a substrate in the reservoirs, and bonding the substrate to a second substrate forming channels or absorbent materials with bonded areas between them.(Figures 1, 4(g), and 5(b)) The particles in excess of those in the reservoirs are scraped off, so the channels would be substantially free of absorbent material.[0058] As the entire width shown is used for making one garment(Figure 5(b)), the width shown is considered the width of the absorbent layer forming reservoir. Figure 5(b) shows three channels, and one in the art would understand they would be each less than 30% of the width of the reservoir since each of them being 30% would make 90% of the article have no absorbent material and each of them would be greater than 5% of the width since a smaller width would mean the bonding may not completely occur and since the drawings appear to suggest a width of greater than 5%. The reference does not disclose the absorbent material being superabsorbent particles, only describing them as “highly water absorbent resin particles”.[0058] It is extremely well known and conventional in the diaper arts to use superabsorbent particles in diapers and it would have been obvious for this reason. The reference also does not disclose the moving surface as having vacuum. Miyamura et al. discloses a similar method of making an absorbent article(Figure 7) and discloses the drum(71) has a suction means(machine translation). It would have been obvious to one of ordinary skill at the time of invention to have the drum of Moriura et al. have suction means since Miyamura et al. discloses that a similar process uses suction and since without suction the particles in Moriura et al. would not stay in their desired location.
Regarding claim 2, Moriura et al. disclose bonding the sheets together using hot melt adhesive, which is a type of glue.(33)
Regarding claim 4, Moriura et al. disclose bonding the sheets together using hot melt adhesive(33), which requires the application of heat, making it heat bonding.([0031], Figure 7)
Regarding claim 5, Moriura et al. discloses applying the adhesive before the particles are applied to the sheet.(33)
Regarding claims 6 and 8, Moriura et al. discloses applying hot melt adhesive. It does not disclose whether the adhesive is applied continuously or intermittently. Miyamura et al. a joint between layers of absorbent material and which can form a continuous or intermittent line.(Figure 1, machine translation) It would have been obvious to one of ordinary skill at the time of filing to make the bonding between the sheets either continuous or intermittent in the areas between the channels of absorbent material since Miyamura et al. discloses this is a known alternative in the art for the bonding between the absorbent sections.
Regarding claim 7, Moriura et al. discloses using a hot melt adhesive and does not suggest the adhesive is temporary. Since the adhesive is holding the sheets together, one in the art would appreciate it was permanent as otherwise the diaper would fall apart in use.
Regarding claim 10, Moriura et al. discloses applying the adhesive to the sheet, not the absorbent material. However, there are only two choices for the surface to apply the adhesive to, the sheet having the particles and the sheet not having the particles, and thus they are obvious alternatives in the art.
Regarding claim 11, while Moriura et al. does not explicitly state the adhesive is applied as fibers, it does state the adhesive can be applied by melt blow coating, and melt blowing forms fine fibers. Thus applying the adhesive using melt blow coating would be applying the adhesive as fibers.
Regarding claim 12, Moriura et al. discloses the particles in excess of those in the reservoirs are scraped off, so the channels would be substantially free of absorbent material.[0058]
Regarding claim 13, Moriura et al. a surface(15) which receives one of the sheets.(Figure 1) While it does not disclose the surface is air permeable, the other conveyor(8) is. Additionally, the individual absorbent bodies are carried at high speed[0044], and it would have been obvious at the time of invention to make the conveyor air permeable so it can hold the individual articles as they are moved at high speeds and since Moriura et al. suggests a similar structure is air permeable.[0041]
Regarding claim 16, Moriura et al. discloses the absorbent layer can be made of cellulose material.[0077]
Claims 1-8, 10-13, and 16 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yanajima et al.(JP 2007054219) in view of .
Yanajima et al. discloses a drum for making absorbent articles which has a moving surface having an absorbent fiber forming reservoir having longitudinally extending raised strips, the moving surface being air permeable, and supplying superabsorbent particles(14) onto the reservoir. The strips are more than 5% and less than 30% the width of the reservoir each.(Figure 4) Yanijima et al. discloses the height of the strips is the same as that of the surrounding walls(machine translation) and the outer surface of the core is traditionally flat(as shown in Figure 2). The reference does not disclose associating the absorbent article with sheets which are bonded through the channels formed by the strips or ensuring the channel formed by the strips is free of absorbent material. Moriura et al. is directed to a similar device where particles are applied to recesses in a roll and cleaned off the areas between where the particles are located and teaches associating the formed core with sheets which are bonded through the channel.([0058]; Figures 1 and 5(b), roll 5) It would have been obvious to one of ordinary skill at the time of filing to clean off the areas between where the particles are located since Yanijima et al. discloses the height of the strips is the same as that of the surrounding walls(machine translation) and since the outer surface of the core is traditionally flat(as shown in Figure 2), so the outer surface would need to be scraped clean so the core had the shape of the recess and to associate a sheets with both sides of the core and bonding through the channels since Moriura et al. shows bonding to keep the absorbent material from moving around(Figure 5(b)) and since sheets are provided on either side of the core when making the diaper so the absorbent materials does not contact the skin(topsheet) and the waste does not leak out(backsheet).
Regarding claim 2, Moriura et al. disclose bonding the sheets together using hot melt adhesive, which is a type of glue.(33)
Regarding claim 3, while Moriura et al. does not disclose using ultrasonic bonding to bond in the channels, using ultrasonic bonding is known in the diaper arts in general and would have been obvious for this reason since it is a known alternative method of bonding in the diaper arts.
Regarding claim 4, Moriura et al. disclose bonding the sheets together using hot melt adhesive(33), which requires the application of heat, making it heat bonding.([0031], Figure 7)
Regarding claim 5, Moriura et al. discloses applying the adhesive before the particles are applied to the sheet.(4)
Regarding claims 6 and 8, Moriura et al. discloses applying hot melt adhesive. It does not disclose whether the adhesive is applied continuously or intermittently. Miyamura et al. a joint between layers of absorbent material and which can form a continuous or intermittent line.(Figure 1, machine translation) It would have been obvious to one of ordinary skill at the time of filing to make the bonding between the sheets either continuous or intermittent in the areas between the channels of absorbent material since Miyamura et al. discloses this is a known alternative in the art for the bonding between the absorbent sections.
Regarding claim 7, Moriura et al. discloses using a hot melt adhesive and does not suggest the adhesive is temporary. Since the adhesive is holding the sheets together, one in the art would appreciate it was permanent as otherwise the diaper would fall apart in use.
Regarding claim 10, Moriura et al. discloses applying the adhesive to the sheet, not the absorbent material. However, there are only two choices for the surface to apply the adhesive to, the sheet having the particles and the sheet not having the particles, and thus they are obvious alternatives in the art.
Regarding claim 11, while Moriura et al. does not explicitly state the adhesive is applied as fibers, it does state the adhesive can be applied by melt blow coating, and melt blowing forms fine fibers. Thus applying the adhesive using melt blow coating would be applying the adhesive as fibers.
Regarding claim 12, Moriura et al. discloses the particles in excess of those in the reservoirs are scraped off, so the channels would be substantially free of absorbent material.[0058]
Regarding claim 13, Moriura et al. a surface(15) which receives one of the sheets.(Figure 1) While it does not disclose the surface is air permeable, the other conveyor(8) is. Additionally, the individual absorbent bodies are carried at high speed[0044], and it would have been obvious at the time of invention to make the conveyor air permeable so it can hold the individual articles as they are moved at high speeds and since Moriura et al. suggests a similar structure is air permeable.[0041]
Regarding claim 16, Moriura et al. discloses the absorbent layer can be made of cellulose material.[0077]
Claim 9 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yanijima et al. and Moriura et al. as applied to claim 1 above, and further in view of Fujioka et al.(US Patent 6,056,732).
Yanijima et al. shows the strips are about 50% the length of the reservoir. However, the reference clearly teaches the strips are pattern elements which can be changed. Fujioka et al. discloses an absorbent core which has channels without absorbent material which are clearly less than 30% each the length of the reservoir since there are three of them and they do not join together.(Figure 2B) It would have been obvious to one of ordinary skill at the time of invention that the strip can be less than 30% the length of the reservoir when it is desired for a different shaped core such as the one of Fujioka et al. which shows channels which are less than 30% the length of the core but more than 5% of the length.(Figure 2B)
Information Disclosure Statement
Applicant should note that the large number of references in the attached IDSs have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is requested to point out any particular references in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
Allowable Subject Matter
Claims 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: regarding claim 14, the prior art does not teach or reasonably suggest an air permeable surface which has strips on it which are air impermeable which receives one of the sheets.
Conclusion
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BARBARA J. MUSSER
Primary Examiner
Art Unit 1746
/BARBARA J MUSSER/ Primary Examiner, Art Unit 1746