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 the Claims
Claims 16-32 are pending in the application, with claims 1-15 canceled and new claims 21-32 added in the Amendment filed 6/4/26. Claims 16-20 are under consideration and claims 21-32 withdrawn. The claims amendments filed 8/4/26 are not entered due to election by original presentation, as presented below.
Election by Original Presentation:
Claim Amendments After Office Action on the Merits
Applicant's election without traverse of Group II claims 16-20 in the 6/4/26 Restriction Response and Amendment is acknowledged. The requirement is deemed proper and is therefore made FINAL.
The subject matter of non-elected and canceled claims 1-15 is therefore withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
(A) However, Applicants, in the 6/4/26 Amendment added new claims 21-32 after a restriction requirement, but where new claims 21-32 were claiming the withdrawn subject matter of canceled claims 2-15. Accordingly, since the subject matter of new claims 21-32 is withdrawn from consideration, claims 21-32 were withdrawn from consideration in the Non-Final office action mailed 7/8/26. See MPEP 818.02(a) and 821.03.
(B) It is also is noted that Applicants, in the 8//26 Amendment, have amended independent claim 16 to include withdrawn and non-elected original claim 12, where amended claim 16 includes the withdrawn subject matter of canceled claim 12. Accordingly, since the subject matter of amended claim 16 would cause all of the pending claims to be withdrawn from consideration, the 8/4/26 claim amendments are not entered, as directed to non-elected subject matter by original presentation. See MPEP 818.02(a) and 821.03.
Further, it is noted that Applicants, in the 8/4/26 Amendment, canceled claims 19-31, and added new claims 32-47, (with new claims 32-33 corresponding to pending and examined claims 19 and 20) but where new claims 34-41, 43-45, and 47 are claiming the withdrawn subject matter of canceled claims 2-3, 6-11 and 13-15, as follows:
New Claim
Withdrawn Claim
New Claim
Withdrawn
Claim
34
6
41
11
35
2
43
13
36
3
44
14
37
7
45
15
38
8
47
6
39
9
40
10
.
Accordingly, since the subject matter of amended claim 16, and new claims 34-41, 43-45, and 47 would cause these claims to be withdrawn from consideration, the 8/4/26 claim amendments are not entered, as directed to non-elected subject matter by original presentation. See MPEP 818.02(a) and 821.03.
A complete reply to a final rejection must include cancellation of nonelected claims or other appropriate action (37 CFR 1.144) See MPEP § 821.01.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
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 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)(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 16-20 rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Bernhuber (US 2019/0240083 A1).
As to claim 16, Bernhuber teaches an absorbent article (multilayer absorption non-woven fabric for hygene products Abstract; [0013],ll.2-3, hygene products including sanitary towels, diapers, and incontinence products [0003],ll.1-2), comprising:
a wearer facing surface; a garment-facing surface (e.g., surface of topsheet and surface of backsheet, as claimed below; Abstract, ll.3-4) ;
a liquid permeable topsheet (perforated topsheet [0003],ll.6-7);
a liquid impermeable backsheet (leakage preventing final layer [0003],ll.11-12); and
an absorbent core disposed between the topsheet and the backsheet (absorbent core between topsheet and final layer as backsheet [0003],ll.9-12);
wherein the topsheet comprises a nonwoven substrate (topsheet of nonwoven fabric; [0003],ll.6-7), the nonwoven substrate comprising:
a top surface and an opposite bottom surface (top and bottom surfaces of topsheet [003],ll.6-7);
an upper layer forming the top surface of the nonwoven substrate, wherein the upper layer comprises hydrophobic fibers (upper layer as topside of topsheet as non-woven fabric [0012],ll.3-4; [0003],ll.6-7, as hydrophobic fibers as 50-100% melting fibers [0012],ll.8-10), and
a lower layer forming the bottom surface of the nonwoven substrate, wherein the lower layer comprises hydrophilic fibers (lower layer as underside of topsheet [0012],ll.4-5 as fiber blend of 50-80% absorbent fibers [0012],ll.11-13),
wherein the top surface of the nonwoven substrate has a first contact angle of no lower than about 90 degrees as measured according to the Contact Angle Test (implicit from the fact that the upper layer can consist exclusively of hydrophobic fibers, as presented above), wherein the bottom surface of the nonwoven substrate has a second contact angle of lower than about 90 degrees as measured according to the Contact Angle Test (implicit from the fact that the lower layer can consist exclusively of hydrophilic fibers [0019]),
wherein the nonwoven substrate has [[a]] unitary structure (water jets bond topside with underside making integral, [0082]; same as present application, where such a bonding method results in a unitary structure; p.6,ll.1-14),
wherein the upper layer has a thickness no greater than about 1400μm as measured according to the Thickness Test (Table 1: thickness of the topside: 0.0013 m = 1300 μm); and
wherein the top surface of the nonwoven substrate (top of substrate/topsheet, as presented above) is the wearer facing surface of the absorbent article (Abstract; [0003],ll.6-7).
As to claim 17, Bernhuber teaches wherein the absorbent article further comprises a fluid distribution layer ADL (acquisition and distribution layer ADL) between the topsheet and the absorbent core ([0003],ll.7-9; 6-7,11-12).
As to claim 18, Bernhuber teaches wherein the absorbent article is a sanitary napkin (sanitary towel; [0003],ll.2).
As to claim 19, Bernhuber teaches wherein the upper layer consists essentially of hydrophobic fibers (hydrophobic fibers as 50-100% melting fibers [0012],ll.8-10).
As to claim 20, Bernhuber teaches wherein the hydrophobic fibers have a linear density no greater than 2.0 denier (as same materials and amounts having the same properties and where method of testing does not determine patentability).
Conclusion
THIS ACTION IS MADE FINAL. 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to: GUY K. TOWNSEND whose telephone number is (571) 270-3689. The examiner can normally be reached Mon. - Fri., 11 am to 6 pm Eastern Time. The direct fax number is (571) 270-4689.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, REBECCA EISENBERG, can be reached on 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GUY K TOWNSEND/Primary Examiner, Art Unit 3781
Prosecution Insights