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 under 35 U.S.C. 119(a)-(d). A certified copy of Parent Application 102022000024798, filed in Italy on 01 December 2022 has been received.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Carbonari; Raquel et al. (US 20130090619 A1) in view of Chen, Fung-Jou et al. (US 20040102752 A1).
Regarding claim 1, Carbonari discloses an absorbent structure (¶ [0001], disposable absorbent products worn by humans; ¶ [0020], [0026], FIG. 1, an exemplary disposable absorbent product in the form of a feminine pad 10);
comprising: an absorbent pad comprising cellulose fluff (¶ [0028], FIGS. 3 and 4, a first fluid storage structure 21; ¶ [0033] In one specific embodiment, the first fluid storage structure 21 has natural or synthetic fluff (e.g, cellulose fluff pulp)); and
having at least one through-opening elongated along a longitudinal axis, wherein said at least one through-opening has a central section and two end sections located on opposite sides of the central section (¶ [0028], a centrally located hole or opening 30 that extends through the entire thickness of the first fluid storage structure 21); and
at least one fluff-free absorbent insert comprising a non-woven layer in which superabsorbent material is incorporated (¶ [0022] The second fluid storage structure may include, in specific embodiments, a superabsorbent material ("SAP"); ¶ [0028], FIGS. 3 and 4 … a second fluid storage structure 22 are arranged in the core 16 … While not shown, the core 16 may also include other components such as non-woven or paper-based materials (e.g., tissue) that at least partially wrap the first and second fluid storage structures 21, 22; ¶ [0062] 12. The disposable absorbent product of any of claims 1 to 11, wherein said second fluid storage structure comprises superabsorbent material);
wherein the fluff-free absorbent insert has a shape elongated along said longitudinal axis and has a central section and two end sections located on opposite sides of the central section of the at least one fluff-free absorbent insert (¶ [0010] FIG. 4 shows lateral and frontal elevation views of the core of FIG. 3; ¶ [0027], FIGS. 2-4, the core 16 and the pad 10 of which core 16 forms part, extend along a length dimension L, a width dimension W);
wherein the central section and the two end sections of the at least one fluff-free absorbent insert are housed, respectively, in the central section and in respective end sections of the at least one through-opening (¶ [0028], FIGS. 3 and 4, a first fluid storage structure 21 and a second fluid storage structure 22 are arranged in the core 16 such that the first fluid storage structure 21 surrounds the second fluid storage structure 22); and
wherein between the at least one fluff-free absorbent insert and longitudinal edges of the central section of the at least one through-opening, two longitudinal channels are formed located on opposite sides of the at least one fluff-free absorbent insert (¶ [0029], FIG. 5 …The spacing between the lateral walls 21c and 22d defines a pair of lateral channels 34).
Carbonari’s central section lacks a width greater than a width of each of the end sections. In Carbonari’s various embodiments, the channel has an approximately constant width. Chen discloses an absorbent article including an absorbent structure (¶ [0007], [0022], [0069], [0220], FIGS. 1A and 1B. The absorbent article, labeled generally as 10; ¶ [0237] FIG. 5 depicts certain components of a diaper 90; ¶ [0245], FIG. 8, an absorbent article 190);
comprising: an absorbent pad (¶ [0220], an outer absorbent member 16; ¶ [0237], In FIG. 5A, a shaped outer absorbent member 98; ¶ [0245], FIG. 8 … a surrounding outer absorbent member 196);
comprising cellulose fluff (¶ [0095], the outer shaping member is also an outer absorbent member comprising cellulosic fibers); and
having at least one opening elongated along a longitudinal axis, wherein said at least one opening has a central section and two end sections located on opposite sides of the central section (Figs. 1, 5, 8, each outer absorbent member has a central depression or hole, elongated in the longitudinal direction); and
wherein the central section has a width greater than a width of each of the end sections (¶ [0237] In FIG. 5A … The central absorbent insert 94 has side edges 100. The finite gap between the side edges 100 of the central absorbent insert 94 and the side edges 102 of the outer absorbent member 98 serves as a moat; ¶ [0247] FIG. 8, the visible portion of the wicking barrier 200 primarily is the horizontal component … The horizontal component in the crotch region 201 extends to a greater horizontal distance than elsewhere in the wicking barrier; ¶ [0270] FIGS. 18A and 18B show cross-sections of an absorbent article 400 … A downward loop 416 of the topsheet 410 separates the central absorbent member 402 from the outer absorbent member 404; ¶ [0326], FIG. 31, which follows the numbering scheme of FIG. 30 … The wicking barrier 660 has a horizontal component 662 on the outer absorbent member 654);
at least one absorbent insert (¶ [0220], central absorbent member 22; ¶ [0237] FIG. 5 … central absorbent member 92 comprising a central absorbent insert 94; ¶ [0245], FIG. 8 … central absorbent member 202; ¶ [0270] FIGS. 18A and 18B show cross-sections of an absorbent article 400 comprising a central absorbent member 402; ¶ [0326], central absorbent member 653).
wherein the absorbent insert has a shape elongated along said longitudinal axis and has a central section and two end sections located on opposite sides of the central section of the at least one absorbent insert (Figs. 1, 5, 8, 18, 30, 31, each central absorbent member has an elongated shape);
wherein the central section and the two end sections of the at least one fluff-free absorbent insert are housed, respectively, in the central section and in respective end sections of the at least one opening (Figs. 1, 5, 8, 18, 30, 31, each central absorbent member is positioned inside an outer absorbent member); and
wherein between the at least one absorbent insert and longitudinal edges of the central section of the at least one through-opening, two longitudinal channels are formed located on opposite sides of the at least one fluff-free absorbent insert (Figs. 1, 5, 8, 18, 30, 31 show a channel between the central absorbent member and outer absorbent member).
Chen constrains fluids against wicking horizontally, in order to prevent the fluids from leaking sideways (¶ [0237], The finite gap between the side edges 100 of the central absorbent insert 94 and the side edges 102 of the outer absorbent member 98 serves as a moat to impede lateral wicking from the central absorbent member 92 to the surrounding outer absorbent member, thus promoting center fill of the central absorbent member rather than wicking throughout the diaper). One would be motivated to modify Carbonari with Chen’s widened central section since Carbonari suggests to alter the channels’ shape (¶ [0031] In addition to the above, those of ordinary skill in the art will readily appreciate that the channels 34, 38 may or may not extend substantially along the length and width dimensions L, W, but be instead oriented so as to extend in any direction, depending on the shapes of the first and second fluid storage structures 21, 21' 22, 22). Therefore, it would have been obvious to modify Carbonari with Chen’s wider central section in order to minimize horizontal wicking and to constrain fluids inside a central absorbent insert.
Regarding claim 8, Carbonari and Chen describe an absorbent article including an absorbent pad, fluff-free absorbent insert and longitudinal channels as discussed for claim 1 above.
Carbonari further discloses a method for producing absorbent structures, including steps of forming an array of absorbent pads and forming an array of fluff-free absorbent inserts (¶ [0037] FIG. 11A illustrates a variation of the process described above, in which a mold 78d forms part of a rotating drum 80, which may include one or more molds 78d (only one shown). Mold 78d has the desired shape of the first fluid storage structure 61 to be formed. The core-forming process thus entails directing pulp P and/or other materials, as well as materials M primarily having a fluid storage function (e.g., SAP) into the mold 78d and incorporating the material(s) making up the second fluid storage structure 62 in a subsequent step).
Regarding the rationale and motivation to modify Carbonari with Chen’s wider central section, see the discussion of claim 1 above.
Regarding claims 2 and 4, Carbonari discloses an absorbent structure wherein said central section of the at least one through-opening has longitudinal edges that are straight and parallel to the longitudinal axis (Fig. 5, centrally located hole or opening 30 is substantially rectangular and parallel to the longitudinal axis);
wherein the at least one fluff-free absorbent insert has a constant width along the longitudinal axis (Fig. 5, second fluid storage structure 22 is substantially rectangular and parallel to the longitudinal axis).
Regarding claims 3, 5-7, 9 and 10, Carbonari discloses two webs, which sandwich the absorbent pad and said at least one fluff-free absorbent insert (¶ [0026] FIG. 1 … feminine pad 10 includes a topsheet 12, and a backsheet 14 disposed opposite the topsheet 12; ¶ [0041], the assembled structure is then placed between a pair of confronting webs defining the topsheet 12 and backsheet 14 of the pad 10, for further disposition in the pad-manufacturing process).
Carbonari’s absorbent insert does not have a width substantially equal to a width of each of said end sections of the at least one fluff-free absorbent insert. Carbonari’s central sections do not have curved shapes. Carbonari does not explicitly disclose that the webs comprise nonwoven materials. Chen discloses an absorbent structure wherein the at least one fluff-free absorbent insert has a width substantially equal to a width of each of said end sections of the at least one fluff-free absorbent insert (Figs. 30, 31, the longitudinal ends of central region 652 closely abut the surrounding outer absorbent member);
wherein said central section of said through-opening and/or said central section of said fluff-free absorbent insert have longitudinal edges with a curved shape so that each of said two longitudinal channels has at least one curved longitudinal edge (Figs. 5A, 5B, 30, 31, the longitudinal channels have curved shapes); and
two non-woven webs, which sandwich the absorbent pad and absorbent insert (¶ [0097], The topsheet can comprise a layer of a perf-embossed or apertured film on the body side bonded to a layer of a nonwoven web, preferably treated to be hydrophilic, on the core side. Similarly, the topsheet can comprise two or more nonwoven layers or film and nonwoven layers that have been co-apertured; ¶ [0103], The backsheet can comprise … polymeric films, low-permeability nonwoven webs, cloth layers desirably comprising an impervious layer or film, or polymer-tissue composites);
wherein said two non-woven webs are fixed together through said two longitudinal channels (¶ [0270] FIGS. 18A and 18B show cross-sections of an absorbent article 400 … A downward loop 416 of the topsheet 410 separates the central absorbent member 402 from the outer absorbent member 404 and desirably extends to contact the backsheet 412, as depicted, where it is attached for good integrity).
Chen controls horizontal wicking with variously shaped channels and barriers. Chen also selects commercially available materials for constructing an absorbent article. One would be motivated to modify Carbonari with Chen’s curved shapes since Carbonari suggests to alter the shapes of the absorbent pad and absorbent insert. Constructing Carbonari’s absorbent structure with Chen’s nonwoven materials will allow the article to be constructed with easily sourced materials. Therefore, it would have been obvious to modify Carbonari with Chen’s nonwoven webs in order to construct the article from readily obtained materials.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dieringer; Jessica Annette Ives et al. US 20130231622 A1
Carbonari; Raquel et al. US 20130090620 A1
Smet; Steven et al. US 20210000660 A1
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/Adam Marcetich/
Primary Examiner, Art Unit 3781