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 .
Information Disclosure Statement
The information disclosure statement(s) (IDSs) submitted on 3/8/24 and 2/6/26 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, but where the documents in the IDS(s) will be considered in the same manner as other documents in Office search files while conducting a search of the prior art in a proper field of search.
Status of the Claims
Claims 16-32 are pending in the application, with claims 1-15 canceled and new claims 21-32 added. Claims 16-20 are under consideration and claims 21-32 withdrawn.
Election by Original Presentation:
Claim Amendments After Restriction Requirement
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The subject matter of non-elected and canceled claims 1-15 is therefore withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. However, it is noted that Applicants have added new claims 21-32 after a restriction requirement, but where new claims 21-32 are claiming the withdrawn subject matter of canceled claims 2-15. Accordingly, since the subject matter of new claims 21-32 is withdrawn from consideration, claims 21-32 are withdrawn from consideration. 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 Objections
Claim 16 is objected to in line 17, where “has unitary structure” should be “has a unitary structure”. Appropriate correction is suggested.
Withdrawn Claims 31-32 are objected to due to improper numbering as having duplicate claim number 31. Appropriate correction is required to renumber the second claim 31 as claim 32.
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
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references provided on the attached PTO Form 892 are considered relevant to Applicants’ disclosure and are cited to show further the general state of the art.
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
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