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 .
Status of Claims
As directed by the amendment filed on 23 April 2026: claim(s) 1 & 6 have been amended.
Response to Arguments
Applicant's arguments filed 23 April 2026 have been fully considered but they are not persuasive. Mishima discloses the amended claims as discussed below.
Claim Objections
Claim 6 is objected to because of the following informalities:
“a frist layer” should be –a first layer–.
Appropriate correction is required.
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 & 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mishima (US 20070239132 A1).
Regarding Claim 1, Mishima discloses a nonwoven or composite comprising: at least two layers with a first layer being made of nonwoven (“excrement receiving structure 1” & “plurality of the flexible sheet strips 4 formed from fibrous nonwoven fabrics” [0064-0065]) and a second layer being made of tissue (“liquid-absorbent core 13 is covered with a liquid-absorbent sheet (not shown) such as tissue papers and tissue fibrous nonwoven fabrics and permanently bonded to at least one of the inner and outer sheets 11, 12” [0054]; FIG. 8), each of the at least two layers having a lower side and an upper side (see FIG. 8), wherein the lower side of the first layer of the at least two layers is attached to the upper side of the second layer of the at least two layers (Annotated FIG. 8) with a pattern of continuous attachment lines extending in a machine direction across a cross direction width of the nonwoven or composite ("transversely opposite edges 8 thereof underlying the leak barrier cuffs 14 may be bonded to the topsheet 11" [0094]; Annotated FIG. 8).
Regarding Claim 6, Mishima discloses an absorbent product ("absorbent wearing article" [0053]) comprising: a nonwoven or composite comprising: at least two layers with a first layer being made of nonwoven (“excrement receiving structure 1” & “plurality of the flexible sheet strips 4 formed from fibrous nonwoven fabrics” [0064-0065]) and a second layer being made of tissue (“liquid-absorbent core 13 is covered with a liquid-absorbent sheet (not shown) such as tissue papers and tissue fibrous nonwoven fabrics and permanently bonded to at least one of the inner and outer sheets 11, 12” [0054]; FIG. 8), each of the at least two layers having a lower side and an upper side (see FIG. 8), wherein the lower side of the first layer of the at least two layers is attached to the upper side of the second layer of the at least two layers (see FIG. 8) with a pattern of continuous attachment lines extending in a machine direction across a cross direction width of the nonwoven or composite ("transversely opposite edges 8 thereof underlying the leak barrier cuffs 14 may be bonded to the topsheet 11" [0094]; FIG. 8);
a backsheet (“liquid-impervious outer sheet 12” [0054]); and a topsheet (“liquid-pervious inner sheet 11” [0054]),
the absorbent product having a thickness dimension, the first and second layers being stacked on one another along the thickness dimension (see Annotated FIG. 8).
Annotated FIG. 8
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Claim Rejections - 35 USC § 103
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.
Claim(s) 2-4 & 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mishima in view of Grenier et al. (US 20220031528 A1).
Regarding Claims 2-4 & 7-9, Mishima fails to specify the attachment lines are from 1 to 3 mm wide and are spaced from 10 to 30 mm apart along the cross direction; from 10 to 80% superabsorbent polymer particles by weight of the nonwoven or composite; a basis weight of the nonwoven or composite ranges from 15 g/m2 to 400 g/m2. However, Grenier teaches absorbent articles comprising partially bonded nonwoven layers (Abstract & [0003]) wherein the attachment lines are from 1 to 3 mm wide ("stripes having a width of 1 mm (or more)" [0097]; FIG. 13) and are spaced from 10 to 30 mm apart along the cross direction ("separated by a gap distance d not exceeding 20 mm (d<=20 mm)" [0097]); from 10 to 80% superabsorbent polymer particles by weight of the nonwoven or composite ("percentage of SAP ranging from 40% to 75% by weight of the absorbent material" [0052]); a basis weight of the nonwoven or composite ranges from 15 g/m2 to 400 g/m2 ("basis weight of from 20 gsm to 100 gsm" [0045]).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Mishima to incorporate the teachings of Grenier to suitably “reduce the transversal stiffness of the articles” ([0009]).
Claim(s) 5 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mishima in view of Grenier et al., further in view of Moriya et al. (US 20170135872 A1).
Regarding Claims 5 & 10, Mishima discloses a dry thickness of the nonwoven or composite ranges from 1 mm to 5 mm ("thickness dimension of the flexible sheet strip 4 preferably is about 5 mm or smaller" [0070]) but fails to specify the thickness of the nonwoven or composite when wet ranges from 10 mm to 125 mm. However, Moriya teaches an absorbent article comprising nonwoven fabric (see Abstract) wherein the thickness of the nonwoven or composite when wet ranges from 10 mm to 125 mm ("wet thickness of the nonwoven fabric used as the top sheet 120 is 85% and preferably at least 90% of the dry thickness of the nonwoven fabric" [0086]). Therefore, it would have been obvious to modify the device of Mishima/Grenier to incorporate the teachings of Moriya to suitably incorporate “excellent absorption property for urine containing solid components and resistance to leakage of urine containing solid components” ([0022]).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cheng Fong "Ted" Yang whose telephone number is (571)272-8846. The examiner can normally be reached 10am - 6pm (EST) M-F.
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, Rebecca E. Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Adam Marcetich/Primary Examiner, Art Unit 3781
Cheng Fong "Ted" Yang
Examiner
Art Unit 3781
Prosecution Insights