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 § 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, 3-11, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over McFall; Ronald Ray et al. (US 6410820 B1) in view of Rawat; Digvijay et al. (US 20210038444 A1).
Regarding claim 1, McFall discloses an absorbent article (col. 1, lines 10-15; col. 5, lines 55-60, a method of making a slitted or particulate absorbent material for an absorbent article; col. 24, lines 55-60, FIG. 13 shows an absorbent article (an extensible sanitary napkin designated 1320); col. 26, lines 55-60, FIG. 15 shows such an hourglass absorbent core in place in a diaper 1520);
comprising: a longitudinal axis and a lateral axis (Figs. 13, 15, napkin 1320 and diaper 1520 both have longitudinal and lateral axes);
a liquid permeable topsheet having a garment-facing surface and an opposing wearer-facing surface; a liquid impermeable backsheet having a garment-facing surface and an opposing wearer-facing surface (col. 26, lines 55-56, As shown in FIG. 15, the diaper 1520 preferably comprises a liquid pervious topsheet 1524; a liquid impervious backsheet 1526; an absorbent core 1528); and
an absorbent structure (col. 26, lines 55-56, As shown in FIG. 15 … an absorbent core 1528);
comprising an open-celled absorbent foam material disposed between the topsheet and the backsheet (col. 10, lines 10-20, Suitable absorbent foams for the second web of material 22 are described in U.S. Pat. No. 5,260,345 issued to DesMarais … and allowed U.S. patent application Ser. No. 08/542,497 filed Oct. 13, 1995, by Dyer); col. 27, lines 50-55, Examples of macroporous absorbent materials suitable for use in the particles 1572 include highloft nonwovens, open cell foams, bundles of fibers, sponges and the like);
wherein the absorbent article has been incrementally stretched along at least a first stretch direction and a second stretch direction differing from the first stretch direction (col. 25, lines 5-15, As shown in FIG. 13, the regions 1334 comprising the particulate material are separated by unformed bands 1338 that are oriented in both the longitudinal direction and the transverse direction … described in greater detail in U.S. Pat. No. 5,518,801);
such that: the topsheet and the backsheet each comprise plastically stretched zones disposed substantially along a first plurality of lines of deformation being substantially perpendicular to the first stretch direction and a second plurality of lines of deformation being substantially perpendicular to the second stretch direction (col. 25, lines 5-15, As shown in FIG. 13, the regions 1334 comprising the particulate material are separated by unformed bands 1338 that are oriented in both the longitudinal direction and the transverse direction. In addition, the method of the present invention was preferably also used to form strainable network regions into the topsheet 1324 and the backsheet 1326 … in U.S. Pat. No. 5,518,801; Chappell describes plastically formed lines of deformation (cols. 19-20, lines 65-15, Referring now to FIG. 33 … Plate 401 includes toothed regions 407 and grooved regions 408 … These regions correspond with the first regions 64 of web 52 shown in FIG. 5. The portions of the base film 406 positioned between toothed regions 407 of plate 401 and teeth 404 of plate 402 are incrementally and plastically formed creating rib-like elements 74 in the second regions 66 of web material 52));
wherein the absorbent foam material is fractured substantially along the first plurality of lines of deformation and the second plurality of lines of deformation into a plurality of discrete foam pieces, wherein the discrete foam pieces are separated from neighboring pieces by a gap (col. 15, lines 45-50, FIG. 3 shows that when the composite web 26 leaves the nip … at least a portion of the absorbent material 22 is further provided with a plurality of slits 80 that are oriented in the cross-machine direction. This causes the absorbent material 22 to be formed or chopped into a plurality of particles 82; col. 16, lines 1-10, In other embodiments, if it is desired to form the entire web of absorbent material 22 into particulate material, both sets of rolls can be modified by replacing any channels thereon with sections that form continuous ridges and valleys. This will result in the formation of continuous machine direction slits, and then continuous cross-machine direction slits which intersect to form a plurality of chopped particles);
wherein an adhesive is positioned between the wearer-facing surface of the backsheet and a garment-facing surface of the discrete foam pieces, wherein the adhesive bonds the discrete foam pieces to the backsheet (col. 30, lines 50-55, To make the absorbent structure shown in FIG. 18, a composite web can be formed of a web or block of absorbent material which is adhesively attached (to the extent possible) to a carrier web by adhesive 1808; cols. 30-31, lines 65-5, FIG. 19 shows another example of a structure 1900 … The structure also comprises a web or block of material 1902 that is formed into columns 1904, which is joined to a carrier web 1906 by an adhesive 1908).
McFall lacks an adhesive between the topsheet and foam pieces that bonds the foam to the topsheet. Rawat discloses an absorbent article comprising: a longitudinal axis and a lateral axis (¶ [0018], [0019], [0026] Referring to FIGS. 1 and 2A, a feminine hygiene pad 10);
a liquid permeable topsheet having a garment-facing surface and an opposing wearer-facing surface; a liquid impermeable backsheet having a garment-facing surface and an opposing wearer-facing surface; and an absorbent structure comprising an open-celled absorbent foam material disposed between the topsheet and the backsheet (¶ [0026], a liquid permeable topsheet 20, a liquid impermeable backsheet 30 and an absorbent layer 40 disposed between the topsheet and the backsheet; ¶ [0042], the absorbent layer 40 may be formed of or include a layer of absorbent open-celled foam material; ¶ [0043] The open-celled foam material may be … water-in-oil high internal phase emulsion (“HIPE”));
wherein an adhesive is positioned between the garment-facing surface of the topsheet and a wearer-facing surface of the foam and bonds the foam to the topsheet (¶ [0075] In some examples, sufficient direct contact between the topsheet 20 and the absorbent layer 40 may be effected by deposit(s) of adhesive between the topsheet and the absorbent layer, adhesively bonding them in close z-direction proximity; ¶ [0078], Accordingly, it is preferable that, in examples in which the bonding mechanism is deposits of adhesive, the deposits are disposed in a pattern or arrangement that is discontinuous or intermittent such that it creates bonded areas interspersed with unbonded areas between the topsheet and the absorbent layer).
Rawat does not specify that the adhesive’s basis weight is between about 15 gsm to about 35 gsm. The adhesive basis weight is interpreted as a result-effective variable, subject to experimentation and testing. A result-effective variable is a parameter which achieves a recognized result. These results are obtained by the determination of optimum or workable ranges of said variable through routine experimentation. The adhesive basis weight determines how securely the topsheet adheres to the foam, and the topsheet’s permeability through routine experimentation. For example, Rawat warns against blocking fluids with excessive adhesive (¶ [0078] It will be appreciated that a continuous deposit of adhesive may be applied to bond the topsheet and the absorbent layer within the entirety of bonded region 25, but that such a continuous deposit of adhesive could form a barrier that would obstruct the movement of fluid from the topsheet to the absorbent layer).
Not enough adhesive
Topsheet will not bond adequately to the absorbent foam
Optimized range
Adhesive will bond the absorbent foam to the topsheet while permitting fluids to pass through the topsheet
Too much adhesive
Excessive adhesive will prevent fluid from moving through the topsheet towards the foam
Therefore, it would have been obvious to adjust the adhesive basis weight in order to join the topsheet and foam while permitting fluid to pass through the topsheet. See MPEP 2144.05(II)(A,B). Also see in re Boesch and Slaney, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Rawat closely coheres a topsheet to an absorbent foam so that the topsheet does not retain fluids (¶ [0074], and there is sufficient direct contact maintained between the topsheet and the underlying absorbent layer … such that the underlying absorbent layer may draw the fluid from the topsheet). One would be motivated to modify McFall with Rawat’s topsheet-to-foam adhesive to prevent fluids from accumulating on the topsheet. Therefore, it would have been obvious to modify McFall with Rawat’s topsheet-to-foam adhesive in order to accelerate the passage of fluids from the topsheet to the absorbent foam.
Regarding claim 3, McFall lacks a topsheet-to-foam adhesive. Rawat discloses an adhesive in the form of sprayed discrete droplets (¶ [0078], Accordingly, it is preferable that, in examples in which the bonding mechanism is deposits of adhesive, the deposits are disposed in a pattern or arrangement that is discontinuous or intermittent such that it creates bonded areas interspersed with unbonded areas between the topsheet and the absorbent layer).
Regarding the rationale and motivation to modify McFall with Rawat’s topsheet-to-foam adhesive, see the discussion of claim 1 above.
Regarding claim 4, McFall discloses that the adhesive that bonds the discrete foam pieces to the backsheet is in the form of a continuous film of adhesive (Figs. 18 and 19 show that the adhesive 1808 / 1908 extends as a sheet or film).
Regarding claims 5 and 7-9, McFall discloses an absorbent article wherein the discrete foam pieces are arranged in a continuous pattern across the absorbent structure, wherein the discrete foam pieces have an average x-y planar size of from about 1.5 mm to about 15 mm (col. 16, lines 5-10, The particles preferably have a largest dimension having a nominal size, that is preferably between about 1.0 mm and about 25.4 mm);
wherein the backsheet comprises a polymeric film having a basis weight of from about 20 gsm to about 28 gsm (col. 8, lines 50-55, Another particularly preferred nonwoven material is a spunbonded polyethylene nonwoven material known as COROLIND sold by Corovin GmbH Peine, Germany which can be obtained in two basis weights, 23 gsm and 30 gsm);
wherein the topsheet is a spunbond nonwoven material (col. 8, lines 25-40, Suitable apertured films for use as a carrier web 20 are described in U.S. Pat. No. 3,929,135, … One especially preferred apertured film carrier web useful as an outer cover for the absorbent material comprises … the "DRI-WEAVE" topsheet);
wherein the first plurality of lines of deformation form an angle α with respect to the longitudinal axis and the second plurality of lines of deformation form an angle β with respect to the longitudinal axis, wherein the angle α and the angle β are each from about 5 degrees to about 85 degrees (col. 7, lines 35-45, In other embodiments of making particulate material, the web of absorbent material may be provided with slits that are oriented at an angle to each other that is not perpendicular (e.g., to form a diamond-shaped pattern)).
Regarding claim 6, McFall discloses that the absorbent structure has an average caliper (C) (col. 10, lines 50-55, The web of absorbent material 22 can be of any thickness … preferably between about 1 mm and about 5 mm, and more preferably is between about 1.5 mm and about 2.5 mm);
wherein the gap between the discrete foam pieces have an average x-y planar gap size of from 0.04×C to 0.48×C (col. 16, lines 5-15, The particles preferably have a largest dimension having a nominal size, that is preferably between about 1.0 mm and about 25.4 mm … particles as small as 0.5 mm and smaller, and particles larger than about 25.4 mm are contemplated).
Regarding claim 10, McFall does not explicitly disclose that the absorbent article has a Conformability Force of from about 140 N/m to about 1500 N/m. However, McFall calls for constructing a conformable article (col. 29, lines 40-50, The method of the present invention can, thus, be used to form a bendable, flexible, stretchable, and if desired, absorbent, elastic waist feature that is highly comfortable and conformable to the wearer's body; col. 30, lines 60-65, The absorbent structure shown in FIG. 18 is advantageous in that it provides a body-facing surface that is highly conformable to the adjacent portions wearer's body).
It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The Conformability Force is attributed to the article’s material and structure, not necessarily a testing method. As such, a reference does not need to measure a proprietary Conformability Force to read on the claim language. In other words, the Conformability Force only measures a property but does not describe any of the article’s material and structure. See MPEP 2112.01(I) and 2112.01(II).
Regarding claim 11, McFall discloses that substantially the entirety or the entirety of the absorbent article has been incrementally stretched along the first stretch direction and the second stretch direction, in a pattern of plastically stretched zones and unstretched zones substantially lacking any areas of discontinuity (Fig. 13, bands 1338 extend along substantially the entire napkin 1320; col. 25, lines 5-15, As shown in FIG. 13, the regions 1334 comprising the particulate material are separated by unformed bands 1338 that are oriented in both the longitudinal direction and the transverse direction. In addition, the method of the present invention was preferably also used to form strainable network regions into the topsheet 1324 and the backsheet 1326).
Regarding claims 14 and 15, McFall lacks an adhesive that bonds the foam to the topsheet. Rawat discloses an absorbent article wherein an adhesive is positioned between a garment-facing surface of the topsheet and a wearer facing surface of the discrete foam pieces and bonds the discrete foam pieces to the topsheet (¶ [0075] In some examples, sufficient direct contact between the topsheet 20 and the absorbent layer 40 may be effected by deposit(s) of adhesive between the topsheet and the absorbent layer, adhesively bonding them in close z-direction proximity; ¶ [0078], Accordingly, it is preferable that, in examples in which the bonding mechanism is deposits of adhesive, the deposits are disposed in a pattern or arrangement that is discontinuous or intermittent such that it creates bonded areas interspersed with unbonded areas between the topsheet and the absorbent layer).
Rawat does not specify that the adhesive’s basis weight is between about 15 gsm to about 35 gsm. The adhesive basis weight is interpreted as a result-effective variable. Regarding the rationale and motivation to optimize Rawat’s adhesive basis weight, see the discussion of claim 1 above.
Rawat prevents a topsheet from retaining fluids (¶ [0074]). Regarding the rationale and motivation to modify McFall with Rawat’s topsheet-to-foam adhesive, see the discussion of claim 1 above.
McFall and Rawat are silent whether a portion of the adhesive penetrates into the garment-facing surface of the topsheet and the wearer-facing surface of the discrete foam piece. However, both McFall and Rawat select permeable or porous materials for the topsheet and absorbent foam. When Rawat’s adhesive contacts the topsheet or foam, it will penetrate through these layers according to their permeability and the adhesive’s viscosity.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over McFall; Ronald Ray et al. (US 6410820 B1).
Regarding claim 12, McFall discloses an absorbent article comprising: a longitudinal axis and a lateral axis (col. 1, lines 10-15; col. 5, lines 55-60; col. 24, lines 55-60, FIG. 13 shows an absorbent article (an extensible sanitary napkin designated 1320); col. 26, lines 55-60, FIG. 15 shows such an hourglass absorbent core in place in a diaper 1520);
a liquid permeable topsheet having a garment-facing surface and an opposing wearer-facing surface; a liquid impermeable backsheet having a garment-facing surface and an opposing wearer-facing surface (col. 26, lines 55-56, As shown in FIG. 15, the diaper 1520 preferably comprises a liquid pervious topsheet 1524; a liquid impervious backsheet 1526; an absorbent core 1528); and
an absorbent structure (col. 26, lines 55-56, As shown in FIG. 15 … an absorbent core 1528);
comprising an open-celled absorbent foam material disposed between the topsheet and the backsheet (col. 10, lines 10-20, Suitable absorbent foams for the second web of material 22 are described in U.S. Pat. No. 5,260,345 issued to DesMarais … and allowed U.S. patent application Ser. No. 08/542,497 filed Oct. 13, 1995, by Dyer); col. 27, lines 50-55, Examples of macroporous absorbent materials suitable for use in the particles 1572 include highloft nonwovens, open cell foams, bundles of fibers, sponges and the like);
wherein the topsheet and the backsheet each comprise plastically stretched zones disposed substantially along a first plurality of lines of deformation extending in a first direction and a second plurality of lines of deformation extending in a second direction (col. 25, lines 5-15, As shown in FIG. 13, the regions 1334 comprising the particulate material are separated by unformed bands 1338 that are oriented in both the longitudinal direction and the transverse direction … described in greater detail in U.S. Pat. No. 5,518,801);
wherein the first plurality of lines of deformation form an angle α with respect to the longitudinal axis and the second plurality of lines of deformation form an angle β with respect to the longitudinal axis, wherein the angle α and the angle β are each from about 5 degrees to about 85 degrees (col. 7, lines 35-45, the web of absorbent material may be provided with slits that are oriented at an angle to each other that is not perpendicular (e.g., to form a diamond-shaped pattern); col. 14, lines 55-60, either pair of rolls can be oriented on a bias (that is, at an angle) relative to the machine direction to provide slits that are diagonally-oriented);
wherein the absorbent structure comprises a plurality of discrete foam pieces arranged along the lines of deformation; wherein the discrete foam pieces are separated from neighboring pieces by a gap (col. 15, lines 45-50, FIG. 3 shows that when the composite web 26 leaves the nip … at least a portion of the absorbent material 22 is further provided with a plurality of slits 80 that are oriented in the cross-machine direction. This causes the absorbent material 22 to be formed or chopped into a plurality of particles 82; col. 16, lines 1-10, In other embodiments, if it is desired to form the entire web of absorbent material 22 into particulate material, both sets of rolls can be modified by replacing any channels thereon with sections that form continuous ridges and valleys. This will result in the formation of continuous machine direction slits, and then continuous cross-machine direction slits which intersect to form a plurality of chopped particles).
McFall does not explicitly disclose whether the discrete foam pieces are separated from neighboring pieces by a gap of about 0.3 mm to about 1.2 mm. The foam gap size is interpreted as a result-effective variable. The foam gap size affects the pieces’ exposed surface area through routine experimentation. For example, McFall experiments widely with the foam pieces’ dimensions (col. 14, lines 15-20, Thus, some non-limiting dimensions of the strips 51 … might range from about 1 mm to about 5 mm wide; col. 15, lines 30-35, In the preferred embodiment shown, the spaced apart channels 72 and 78 in the second set of rolls preferably have a width of 2 mm; col. 16, lines 5-15, The particles preferably have a largest dimension having a nominal size, that is preferably between about 1.0 mm and about 25.4 mm … particles as small as 0.5 mm and smaller, and particles larger than about 25.4 mm are contemplated).
Therefore, it would have been obvious to adjust the foam gap size in order to optimize the foam pieces’ exposed surface area. See MPEP 2144.05(II)(A,B). Also see in re Boesch and Slaney, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 13, McFall discloses that the discrete foam pieces comprise a high internal phase emulsion foam (col. 10, lines 10-20, Suitable absorbent foams for the second web of material 22 are described in U.S. Pat. No. 5,260,345 issued to DesMarais … and allowed U.S. patent application Ser. No. 08/542,497 filed Oct. 13, 1995, by Dyer); DesMarais; Thomas A. et al. US 5260345 A describes a HIPE foam for an absorbent article (col. 24, lines 60-65, the absorbent articles herein … the article includes an absorbent core comprising one or more foam absorbent structures of the present invention; col. 34, lines 5-15, Preparation of HIPE absorbent foam materials … Preparation of a preferred HIPE foam absorbent on a semi-pilot plant scale is illustrated by this example)).
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over McFall; Ronald Ray et al. (US 6410820 B1) in view of Nakaoka; Kenji et al. (US 20220226169 A1).
Regarding claim 16, McFall discloses an absorbent article comprising: a longitudinal axis and a lateral axis (col. 1, lines 10-15; col. 5, lines 55-60,; col. 24, lines 55-60, FIG. 13 shows an absorbent article (an extensible sanitary napkin designated 1320); col. 26, lines 55-60, FIG. 15 shows such an hourglass absorbent core in place in a diaper 1520);
a liquid permeable topsheet; a liquid impermeable backsheet (col. 26, lines 55-56, As shown in FIG. 15, the diaper 1520 preferably comprises a liquid pervious topsheet 1524; a liquid impervious backsheet 1526; an absorbent core 1528);
having a basis weight of from about 20 gsm to about 28 gsm (col. 8, lines 50-55, Another particularly preferred nonwoven material is a spunbonded polyethylene nonwoven material known as COROLIND sold by Corovin GmbH Peine, Germany which can be obtained in two basis weights, 23 gsm and 30 gsm); and
an absorbent structure comprising a high internal phase emulsion foam disposed between the topsheet and the backsheet (col. 10, lines 10-20, Suitable absorbent foams for the second web of material 22 are described in U.S. Pat. No. 5,260,345 issued to DesMarais … and allowed U.S. patent application Ser. No. 08/542,497 filed Oct. 13, 1995, by Dyer); col. 27, lines 50-55, Examples of macroporous absorbent materials suitable for use in the particles 1572 include highloft nonwovens, open cell foams, bundles of fibers, sponges and the like; DesMarais; Thomas A. et al. US 5260345 A describes a HIPE foam for an absorbent article (col. 24, lines 60-65, the absorbent articles herein … the article includes an absorbent core comprising one or more foam absorbent structures of the present invention; col. 34, lines 5-15, Preparation of HIPE absorbent foam materials … Preparation of a preferred HIPE foam absorbent on a semi-pilot plant scale is illustrated by this example));
wherein the topsheet and the backsheet each comprise plastically stretched zones, wherein a portion of the plastically stretched zones extend continuously from a first side of the topsheet to a second side of the topsheet (col. 25, lines 5-15, As shown in FIG. 13, the regions 1334 comprising the particulate material are separated by unformed bands 1338 that are oriented in both the longitudinal direction and the transverse direction. In addition, the method of the present invention was preferably also used to form strainable network regions into the topsheet 1324 and the backsheet 1326 … in U.S. Pat. No. 5,518,801; Chappell describes plastically formed lines of deformation (cols. 19-20, lines 65-15, Referring now to FIG. 33 … Plate 401 includes toothed regions 407 and grooved regions 408 … These regions correspond with the first regions 64 of web 52 shown in FIG. 5. The portions of the base film 406 positioned between toothed regions 407 of plate 401 and teeth 404 of plate 402 are incrementally and plastically formed creating rib-like elements 74 in the second regions 66 of web material 52));
wherein the absorbent structure comprises a plurality of discrete foam pieces arranged in a pattern extending across the entire absorbent structure (col. 15, lines 45-50, FIG. 3 shows that when the composite web 26 leaves the nip … at least a portion of the absorbent material 22 is further provided with a plurality of slits 80 that are oriented in the cross-machine direction. This causes the absorbent material 22 to be formed or chopped into a plurality of particles 82; col. 16, lines 1-10, In other embodiments, if it is desired to form the entire web of absorbent material 22 into particulate material, both sets of rolls can be modified … This will result in the formation of continuous machine direction slits … to form a plurality of chopped particles).
This rejection combines several of McFall’s embodiments and also incorporates features from Chappell; Charles W. et al. (US 5518801 A) and DesMarais; Thomas A. et al. (US 5260345 A). A skilled artisan would have been motivated to modify McFall by combining embodiments and selecting materials from Chappell and DesMarais since McFall incorporates all cited references (cols. 32-33, lines 65-5, The disclosures of all patents, patent applications … are hereby incorporated by reference herein).
McFall does not explicitly disclose whether the discrete foam pieces are separated from neighboring pieces by a gap of from about 0.3 mm to about 1.2 mm. The foam gap size is interpreted as a result-effective variable. For example, McFall experiments widely with the foam pieces’ dimensions (col. 14, lines 15-20; col. 15, lines 30-35; col. 16, lines 5-15). Regarding the rationale and motivation to modify McFall’s foam gap size, see the discussion of claim 12 above.
McFall lacks plastically stretched zones that extend continuously and without breaks across the topsheet. Nakaoka discloses an absorbent article (¶ [0001], [0011], [0028] FIGS. 1 to 3 show a configuration example of an incontinence pad as an example of an absorbent article of the present invention); comprising:
a longitudinal axis and a lateral axis; a liquid permeable topsheet; a liquid impermeable backsheet; and an absorbent structure disposed between the topsheet and the backsheet (¶ [0029] An absorbent article 1 comprises a top sheet 2, a back sheet 3 and an absorbent body 11 provided therebetween);
wherein the topsheet comprises plastically stretched zones (¶ [0062] It is preferable that the top sheet 2 is made of an embossed nonwoven fabric having a linear embossed part);
wherein a portion of the plastically stretched zones extend continuously and without breaks from a first side of the topsheet to a second side of the topsheet (¶ [[0066] As shown in FIG. 4. the top sheet 2 is preferably made of an embossed nonwoven fabric having a quadrangular lattice-patterned embossed part 8 composed of a plurality of straight line portions inclined in one direction and anotherr direction with respect to the front-rear direction y; ¶ [[0067] The quadrangular lattice-patterned embossed part 8 is formed by intersecting a plurality of straight line portions 9 extending inclined in one direction with respect to the front-rear direction y … and a plurality of straight line portions 9 extending inclined in another direction with respect to the front-rear direction y … The plurality of first straight line portions 9A and the plurality of second straight line portions 9B are intersected with each other, whereby a plurality of substantially rhombus-shaped non-embossed parts 10 are preferably formed on the top sheet 2).
Nakaoka demonstrates a further suitable pattern for plastically deforming a topsheet. A skilled artisan would have been able to modify McFall with Nakaoka’s rhombus pattern by embossing McFall’s topsheet and the backsheet according to Nakaoka’s rhombus pattern. One would be motivated to modify McFall with Nakaoka’s rhombus pattern since McFall suggests to experiment with multiple variations or to incorporate patterns from Chappell (Figs. 4-7; also col. 12, lines 35-40, A suitable patterned roll for use as the bottom roll is described in U.S. Pat. No. 5,518,801). Therefore, it would have been obvious to modify McFall with Nakaoka’s rhombus pattern in order to select a further alternative pattern for embossing the topsheet and backsheet.
Regarding claims 17-19, McFall discloses that the discrete foam pieces comprise a high internal phase emulsion foam (col. 10, lines 10-20, Suitable absorbent foams for the second web of material 22 are described in U.S. Pat. No. 5,260,345 issued to DesMarais … and allowed U.S. patent application Ser. No. 08/542,497 filed Oct. 13, 1995, by Dyer); DesMarais; Thomas A. et al. US 5260345 A describes a HIPE foam for an absorbent article (col. 24, lines 60-65, the absorbent articles herein … the article includes an absorbent core comprising one or more foam absorbent structures of the present invention; col. 34, lines 5-15, Preparation of HIPE absorbent foam materials … Preparation of a preferred HIPE foam absorbent on a semi-pilot plant scale is illustrated by this example));
wherein the first side of the topsheet is a first longitudinal side and extends in a direction substantially parallel to the longitudinal axis; wherein the second side of the topsheet is a second longitudinal side and extends in a direction substantially parallel to the longitudinal axis (Figs. 16-17 show a topsheet 1524 that extends substantially parallel to the longitudinal axis; col. 26, lines 55-60, As shown in FIG. 15, the diaper 1520 preferably comprises a liquid pervious topsheet 1524; a liquid impervious backsheet 1526; an absorbent core 1528);
wherein the discrete foam pieces have an average x-y planar size of from about 1.5 mm to about 15 mm (col. 16, lines 5-10, The particles preferably have a largest dimension having a nominal size, that is preferably between about 1.0 mm and about 25.4 mm).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over McFall and Nakaoka in view of Rawat; Digvijay et al. (US 20210038444 A1).
Regarding claim 20, McFall and Nakaoka lack an adhesive that bonds the foam to the topsheet. Rawat discloses an absorbent article wherein an adhesive is positioned between a garment-facing surface of the topsheet and a wearer facing surface of the discrete foam pieces and bonds the discrete foam pieces to the topsheet (¶ [0075] In some examples, sufficient direct contact between the topsheet 20 and the absorbent layer 40 may be effected by deposit(s) of adhesive between the topsheet and the absorbent layer, adhesively bonding them in close z-direction proximity; ¶ [0078], Accordingly, it is preferable that, in examples in which the bonding mechanism is deposits of adhesive, the deposits are disposed in a pattern or arrangement that is discontinuous or intermittent such that it creates bonded areas interspersed with unbonded areas between the topsheet and the absorbent layer).
Rawat does not specify that the adhesive’s basis weight is between about 15 gsm to about 35 gsm. The adhesive basis weight is interpreted as a result-effective variable. Regarding the rationale and motivation to optimize Rawat’s adhesive basis weight, see the discussion of claim 1 above.
Rawat prevents a topsheet from retaining fluids (¶ [0074]). Regarding the rationale and motivation to modify McFall and Nakaoka with Rawat’s topsheet-to-foam adhesive, see the discussion of claim 1 above.
Response to Arguments
Applicant’s arguments filed 17 February 2026 regarding the rejection of claims 1 and 3-15 as amended, under 35 USC § 103 over McFall and Rawat, have been fully considered but are not persuasive. Therefore, the rejections are maintained.
Amended claims 16-20 are rejected on new grounds under 35 USC § 103 over McFall, Nakaoka and Rawat.
Applicant submits that first, the Office’s characterization of this limitation as a "result-effective variable" fails to acknowledge the unexpected results realized within the claimed range, as explicitly described in the Subject Application (remarks p. 2). Applicant reasons that the Subject Application clearly states … this unequivocally demonstrates that the lower limit of "about 15 gsm" is a critical threshold … therefore, the claimed range is not a mere optimization amenable to routine experimentation, but rather a critical range that produces unexpected, improved results compared to values outside the range, making the invention non-obvious (remarks p. 2).
Examiner acknowledges that the adhesive serves to retain and anchor the foam pieces inside the absorbent structure. Likewise, McFall applies an adhesive between foam pieces and the backsheet in order to retain the foam pieces (col. 31, lines 1-5, The structure also comprises a web or block of material 1902 that is formed into columns 1904, which is joined to a carrier web 1906 by an adhesive 1908). Indeed, the role McFall’s adhesive is to secure two adjacent layers to each other, and to prevent the foam pieces from becoming dislodged and dislocated. Retaining the foam pieces does not appear to be an unexpected or improved result, since McFall also retains foam pieces with an adhesive.
Applicant asserts that second, a parameter being optimized must first be recognized as a result-effective variable … the Office fails to particularly point out where in McFall or Rawat there is disclosure that recognizes the level of adhesive between the backsheet and the foam pieces is a variable that achieves the result of keeping the foam pieces from becoming dislodged and dislocated within the absorbent article during wear (remarks p. 2). Applicant notes that Rawat discloses “continuous deposit of adhesive may be applied to bond the topsheet and the absorbent layer within the entirety of bonded region 25, but that such a continuous deposit of adhesive could form a barrier that would obstruct the movement of fluid from the topsheet to the absorbent layer” (remarks p. 2).
Examiner responds that Rawat ¶ [0078] suggests a need to optimize the amount of adhesive, which strengthens the foam-to-sheet bond (¶ [0078] Additionally, when the absorbent layer is formed of an open-celled foam … that it effect adhesion to the foam layer mechanically, by flowing to a limited extent into the cells, at least partially assuming the shapes thereof, and solidifying in such position to form mechanical interlocks with the cell structures, which enable the adhesive to hold the topsheet to the absorbent layer); and
which also blocks fluids (¶ [0078] It will be appreciated that a continuous deposit of adhesive may be applied to bond the topsheet and the absorbent layer within the entirety of bonded region 25, but that such a continuous deposit of adhesive could form a barrier that would obstruct the movement of fluid from the topsheet to the absorbent layer … Such an adhesive may be preferred so as not to alter the molecular structure or composition of the foam material, potentially negatively affecting its fluid absorption properties or mechanical strength).
Thus, Rawat recognizes how the adhesive both retains the foam, and if applied too thickly, may impede fluid flow past the adhesive bond.
Applicant submits that the Office Action merely points to disclosure in McFall of foam piece dimensions and fails to particularly point out where in McFall there is disclosure that recognizes that the gap size is a variable that achieves the result of pliability/body-conformity of an absorbent article (remarks p. 3). Examiner notes that McFall forms the foam into strips or strands, and then experiments with their dimensions (col. 14, lines 15-20). Here, McFall suggests that along with the foam pieces’ width, the gap width can also be altered and adjusted. Adjusting the strand and gap size will alter the foam’s surface area and thereby adjust its permeability and surface area.
Applicant further submits that none of the cited documents disclose, teach, or suggest “wherein the topsheet and the backsheet each comprise plastically stretched zones …” as recited in amended Claim 16 (remarks p. 3). Applicant reasons that in contrast, Claim 16 recites that the plastically stretched zones extend continuously and without breaks from a first side of the topsheet to a second side of the topsheet (remarks p. 4). Examiner notes that amended claims 16-20 are rejected on new grounds over McFall, Nakaoka and Rawat. Nakaoka explicitly discloses a topsheet comprising an embossed rhombus pattern (¶ [0067], [0070]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/Adam Marcetich/
Primary Examiner, Art Unit 3781