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 Objections
Claims 3 and 9 are objected to because of the following informalities: It appears claim 3 should recite “parallel width directions” instead of “parallel with directions”. Appropriate correction is required.
Claim Rejections - 35 USC § 101
Claims 1-20 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 1 recites the limitation “first portions, which face left and right gluteal peaks” in lines 9 and lines 10. Claim 1 also recites the limitation “which faces an intergluteal cleft” in line 11. Claims 7, 19, and 20 recite the limitation “facing a sacrum” in lines 3-4. The broadest reasonable interpretation of these claims necessarily includes an absorbent having first and second portions and front and back portions being positioned relative to a person’s body. That is, the person’s body must be part of the claim to infringe these limitations. Accordingly, claims 1, 7, 19, and 20 recite a human organism and the rejection under 35 U.S.C. 101 is proper. A suggestion is to use the language of "configured to be positioned adjacent to” or “configured to face a sacrum” or some version thereof.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "that range of a center line" in line 10. There is insufficient antecedent basis for this limitation in the claim. Claim 1 also recites “both side edges of the intergluteal cleft stretchable region”, line 13; “both imaginary straight lines” in line 14; “both the first portions along a front-back direction” in lines 15-16; and “both line segments” in lines 25-26, respectively. There is insufficient antecedent basis for the aforementioned terms in the claim.
Claim 7 recites the limitation “both the first portions along a front-back direction” in lines 8-9. It is not clear what elements comprise “ both the first portions along a front-back direction”. Correction is required.
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 (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 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.
Claims 1-4 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al. US Patent Application Publication 2013/0102982 in view of Roe et al. US Patent Application Publication 2014/0163500.
As to claim 1, Nakano teaches an underpants-type disposable wearing article comprising:
an outer member 20 forming at least a lower torso region of a front body part and a lower torso region of a back body part;
an absorber provided 10,13 from the front body part F to the back body B part (Fig. 1; para. 0070); and
a side seal portions 21, 22 in which both side portions of the front body part and both side portions of the back body part are bonded to each other, respectively, to form a waist opening and a left- and-right-pair of leg opening portions (Figs. 1 and 2; para. 0070)
wherein the back body part B includes a pair of first portions 26, which face left and right gluteal peaks, respectively, and
a second portion 40 located in that range of a center line passing through a center of the back body part in a width direction, which faces an intergluteal cleft (Figs. 1, 2, and 8).
An intergluteal cleft stretchable region is provided over both sides of the second portion in the width direction with an intergluteal cleft elastic member 42 (Fig. 2; para. 0081-0082) therein such that both side edges of the intergluteal cleft stretchable region are away from both imaginary straight lines to a center side thereof in the width direction, respectively, the imaginary straight lines passing through both the first portions along a front-back direction, respectively – the examiner interprets this portion of the claim as: ‘imaginary straight lines’ are lines in the waist elastic region 30 (Fig. 2), the lines are away from intergluteal cleft area 40 in a center region in the width direction as seen in Fig. 2. It is not clear what is meant by ‘passing through both the first portions along front-back direction”. The first portions comprise elastics 26. Lines in region 30, for instance, lines 25, can be configured to pass through the first portion 26 as seen in Fig. 2.
The intergluteal cleft stretchable region stretches and contracts in the width direction between a natural length state where the intergluteal cleft stretchable region is contracted together with the intergluteal cleft elastic member, and a spread state where the intergluteal cleft stretchable region is stretched to be spread together with the intergluteal cleft elastic member – where Nakano teaches the bending portion 40 is provided at the intergluteal cleft facing portion of the back body part B so as to be bent and entered into the intergluteal cleft of a wearer (Nakano para. 0080). Nakano teaches intergluteal elastic members 42 may be provided to, among at the intergluteal cleft facing portion at the back body part B, exert a lateral contraction force on the intergluteal cleft facing portion, so the bending fit portion 40 is formed by contractive action of the intergluteal cleft-portion elastic members 42. This makes it possible to elastically maintain the shape of the bending fit portion 40 in a favorable manner (Nakano para. 0080).
Nakano does not specifically teach a maximum elongation in the width direction of the intergluteal cleft stretchable region is larger than a maximum elongation in the width direction of a region, which is adjacent to the intergluteal cleft stretchable region on both sides thereof in the width direction. Nakano does teach the bending fit portion may be formed with dedicated elastic members 42 provided at the intergluteal cleft facing portion to exert a lateral contraction force on the intergluteal cleft facing portion, so that the bending fit portion is formed by contractive action (Nakano para. 0080). Figs. 2 and 11 show the intergluteal elastic elements 42 in the center region of the absorber and not present in the adjacent side areas. Thus, the maximum elongation in the intergluteal cleft stretchable region 40, 42 would be larger than a maximum elongation in the width region of side areas adjacent to the intergluteal cleft stretchable region without elastic elements.
The absorber 10 extends backward beyond the first portions 26, and both side edges of the absorber 10 extend, in the back body part B, so as to pass through positions; which are away from both line segments to outer sides thereof in the width direction, respectively, the both line segments connecting the first portions and a front end of the second portion, respectively, and in the absorber 10, at both the sides of the intergluteal cleft stretchable region in the width direction – the examiner interprets this portion of the claim as the side edges of the absorber 10 passes through outer sides of the ‘imaginary lines’, and the ‘imaginary lines’ 25 connect the first portions 26 and a front end of the second portion 40 as seen in Fig. 8.
Nakano teaches the present invention substantially as claimed. Nakano does not teach slots are formed to extend outwardly in the width direction toward a back side. Roe teaches an absorbent article having channels (slots). Roe teaches longitudinally extending channels 26, 26’ may extend from the crotch region 7 or may be present in the front waist region 5 and/or in the rear waist region 6 of the article (Roe Fig. 1; para. 0078). Roe further teaches shorter channels (slots) 27, 27’ present in the rear waist region 6 or the front waist region 5 of the core (Roe Fig. 1; para. 0079). Roe further teaches the channel may also be branched. For example, a central channel superposed with the longitudinal axis in the crotch region 7 which branches towards the rear waist edge 12 (Roe para. 0082). Roe teaches the channels may be particularly useful in the absorbent core when the absorbent material deposition area is rectangular, as the channels may improve flexibility of the core (Roe para. 0080). It would have been obvious to one having ordinary skill in the art to modify Nakano with channels(slots) for the benefits taught in Roe.
As to claim 2, Nakano/Roe teaches the acute intersecting angles between the front-back direction and directions along which the slots extend are 30 to 70 degrees – where Roe teaches the first channel 26 and the second channel 26’ may each have a first arcuate portion 33’in the rear waist region 6. The arcuate portions 33’ may have tangent lines 35’ that intersect the longitudinal axis 80’ to create angle A2 (Roe Fig. 18; para. 0097). Roe teaches the angle of intersection A2 between the tangent lines 35’ and the longitudinal axis 80’ may be in the range of 10 degrees to 80 degrees.
As to claim 3, Nakano/Roe teaches those portions of both the side edges of the intergluteal cleft stretchable region 40,42, (Nakano Fig. 2) which correspond to both the slots 26, 27 (Roe Fig. 1) at least locating in the width direction, respectively, extend in parallel width directions along which both the slots extend, respectively – the examiner interprets this claim as the slot/channels 26, 27 (Roe Fig. 1) extend in the width direction in side regions corresponding to the intergluteal cleft stretchable region. Nakano/Roe does not specifically teach the slots are adjacent to the intergluteal cleft stretchable region. However, Roe teaches channels 26,27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 26,27 adjacent to the intergluteal cleft stretchable region to allow flexibility for the bending portion 40 of the absorbent. Roe teaches the slots/channels 26, 27 extend toward the longitudinal side edges of the core (Roe Figs. 1, 18-21), which are parallel width directions.
As to claim 4, Nakano/Roe does not specifically teach the slots are adjacent to the intergluteal cleft stretchable region. However, Roe teaches channels 26,27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 26,27 adjacent to the intergluteal cleft stretchable region to allow flexibility for the bending portion 40 of the absorbent.
As to claim 9, Nakano/Roe teaches the underpants-type disposable wearing article according to claim 2. Nakano/Roe teaches those portions of both the side edges of the intergluteal cleft stretchable region 40,42, (Nakano Fig. 2) which correspond to both the slots 26, 27 (Roe Fig. 1) at least locating in the width direction, respectively, extend in parallel width directions along which both the slots extend, respectively – the examiner interprets this claim as the slot/channels 26, 27 (Roe Fig. 1) extend in the width direction in side regions corresponding to the intergluteal cleft stretchable region. Nakano/Roe does not specifically teach the slots are adjacent to the intergluteal cleft stretch Nakano/Roe teaches the underpants-type disposable wearing article according to claim 2able region. However, Roe teaches channels 26,27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 26,27 adjacent to the intergluteal cleft stretchable region to allow flexibility for the bending portion 40 of the absorbent. Roe teaches the slots/channels 26, 27 extend toward the longitudinal side edges of the core (Roe Figs. 1, 18-21), which are parallel width directions.
As to claim 10, Nakano/Roe teaches the underpants-type disposable wearing article according to claim 2. Nakano/Roe does not specifically teach the slots are adjacent to the intergluteal cleft stretchable region. However, Roe teaches channels 27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 27 adjacent to the intergluteal cleft stretchable region to allow flexibility for the bending portion 40 of the absorbent.
As to claim 11, Nakano/Roe teaches the underpants-type disposable wearing article according to claim 3. Nakano/Roe does not specifically teach the slots are adjacent to the intergluteal cleft stretchable region. However, Roe teaches channels 27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 27 adjacent to the intergluteal cleft stretchable region to allow flexibility for the bending portion 40 of the absorbent.
Claims 5 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al. US Patent Application Publication 2013/0102982 in view of Roe et al. US Patent Application Publication 2014/0163500 and further in view of Takaishi JP 2016187386A (Translation provided in IDS filed 09/29/2025).
As to claim 5, the intergluteal cleft stretchable region 40,42 includes a first sheet layer 20A, a second sheet layer 20B and an elastic sheet 42 disposed therebetween as the intergluteal cleft elastic member (Nakano Fig. 11), and
the first sheet layer 20A and the second sheet layer 20B are bonded directly or indirectly at a large number of joined portions arranged at intervals (Nakano Figs. 1-4; paras. 0071, 0074, 0077), at least in a middle part of the intergluteal cleft stretchable region in the front-back direction.
Nakano/Roe does not specifically teach an area ratio of the joined portions decreases stepwise or continuously from both side edges of the middle part toward the center thereof in the width direction. Takaishi JP 2016187386A teaches a pants-type disposable diaper that provides an excellent fit to a buttock. Takaishi teaches the pants-type disposable diaper includes an exterior body and interior body having elastic members in the waist region and a cover region. Takaishi teaches the premise of the invention is to make compatible the fitting property with respect to the intergluteal (‘crack’) and with respect to the site part which adjoins the both sides of the width direction of an intergluteal cleft, which contain stretchable regions that can be stretched in the width direction. Takaishi teaches the stretchable region is an elastic film laminated between a first sheet layer and second sheet layer and joined directly or indirectly with a large number of joints arranged at intervals in the width direction and the front-rear direction. Takaishi teaches the area ratio of the joint is configured to increase stepwise or continuously from at least the intergluteal-facing portion to portions adjacent to both sides in the width direction (Takaishi page 2, claim 1). Takaishi teaches when the area ratio of the joint portion is configured to be increased stepwise or continuously from at least the portion facing the intergluteal cleft to the portion adjacent to both sides in the width direction - which is the same as decreasing stepwise or continuously from the sides towards the center- the width at the intergluteal facing portion is wider than both sides. As a result of the shrinkage in the direction, it is bent and fitted so as to enter the wearer’s intergluteal cleft, and the portions adjacent to both sides in the width direction of the intergluteal-facing portion also fit well by the shrinkage in the width direction of the intergluteal cleft (Takaishi page 2, Claim 1 (Function and effect). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to have the area ratio of the joined portions decrease stepwise or continuously from both side edges of the middle part toward the center thereof in the width direction as taught Takaishi to provide the desired fit into the intergluteal cleft as taught in Takaishi and Nakano/Roe.
As to claim 12, Nakano/Roe/Takaishi teaches the underpants-type disposable wearing article according to claim 2the intergluteal cleft stretchable region 40,42 includes a first sheet layer 20A, a second sheet layer 20B and an elastic sheet 42 disposed therebetween as the intergluteal cleft elastic member (Nakano Fig. 11), and
the first sheet layer 20A and the second sheet layer 20B are bonded directly or indirectly at a large number of joined portions arranged at intervals (Nakano Figs. 1-4; paras. 0071, 0074, 0077), at least in a middle part of the intergluteal cleft stretchable region in the front-back direction.
Nakano/Roe does not specifically teach an area ratio of the joined portions decreases stepwise or continuously from both side edges of the middle part toward the center thereof in the width direction. Takaishi JP 2016187386A teaches a pants-type disposable diaper that provides an excellent fit to a buttock. Takaishi teaches the pants-type disposable diaper includes an exterior body and interior body having elastic members in the waist region and a cover region. Takaishi teaches the premise of the invention is to make compatible the fitting property with respect to the intergluteal (‘crack’) and with respect to the site part which adjoins the both sides of the width direction of an intergluteal cleft, which contain stretchable regions that can be stretched in the width direction. Takaishi teaches the stretchable region is an elastic film laminated between a first sheet layer and second sheet layer and joined directly or indirectly with a large number of joints arranged at intervals in the width direction and the front-rear direction. Takaishi teaches the area ratio of the joint is configured to increase stepwise or continuously from at least the intergluteal-facing portion to portions adjacent to both sides in the width direction (Takaishi page 2, claim 1). Takaishi teaches when the area ratio of the joint portion is configured to be increased stepwise or continuously from at least the portion facing the intergluteal cleft to the portion adjacent to both sides in the width direction - which is the same as decreasing stepwise or continuously from the sides towards the center- the width at the intergluteal facing portion is wider than both sides. As a result of the shrinkage in the direction, it is bent and fitted so as to enter the wearer’s intergluteal cleft, and the portions adjacent to both sides in the width direction of the intergluteal-facing portion also fit well by the shrinkage in the width direction of the intergluteal cleft (Takaishi page 2, Claim 1 (Function and effect). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to have the area ratio of the joined portions decrease stepwise or continuously from both side edges of the middle part toward the center thereof in the width direction as taught Takaishi to provide the desired fit into the intergluteal cleft as taught in Takaishi and Nakano/Roe.
As to claim 13, Nakano/Roe teaches the underpants-type disposable wearing article according to claim 3. Nakano/Roe teaches the intergluteal cleft stretchable region 40,42 includes a first sheet layer 20A, a second sheet layer 20B and an elastic sheet 42 disposed therebetween as the intergluteal cleft elastic member (Nakano Fig. 11), and
the first sheet layer 20A and the second sheet layer 20B are bonded directly or indirectly at a large number of joined portions arranged at intervals (Nakano Figs. 1-4; paras. 0071, 0074, 0077), at least in a middle part of the intergluteal cleft stretchable region in the front-back direction.
Nakano/Roe does not specifically teach an area ratio of the joined portions decreases stepwise or continuously from both side edges of the middle part toward the center thereof in the width direction. Takaishi JP 2016187386A teaches a pants-type disposable diaper that provides an excellent fit to a buttock. Takaishi teaches the pants-type disposable diaper includes an exterior body and interior body having elastic members in the waist region and a cover region. Takaishi teaches the premise of the invention is to make compatible the fitting property with respect to the intergluteal (‘crack’) and with respect to the site part which adjoins the both sides of the width direction of an intergluteal cleft, which contain stretchable regions that can be stretched in the width direction. Takaishi teaches the stretchable region is an elastic film laminated between a first sheet layer and second sheet layer and joined directly or indirectly with a large number of joints arranged at intervals in the width direction and the front-rear direction. Takaishi teaches the area ratio of the joint is configured to increase stepwise or continuously from at least the intergluteal-facing portion to portions adjacent to both sides in the width direction (Takaishi page 2, claim 1). Takaishi teaches when the area ratio of the joint portion is configured to be increased stepwise or continuously from at least the portion facing the intergluteal cleft to the portion adjacent to both sides in the width direction - which is the same as decreasing stepwise or continuously from the sides towards the center- the width at the intergluteal facing portion is wider than both sides. As a result of the shrinkage in the direction, it is bent and fitted so as to enter the wearer’s intergluteal cleft, and the portions adjacent to both sides in the width direction of the intergluteal-facing portion also fit well by the shrinkage in the width direction of the intergluteal cleft (Takaishi page 2, Claim 1 (Function and effect). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to have the area ratio of the joined portions decreases stepwise or continuously from both side edges of the middle part toward the center thereof in the width direction as taught Takaishi to provide the desired fit into the intergluteal cleft as taught in Takaishi and Nakano/Roe.
As to claim 14, Nakano/Roe teaches the underpants-type disposable wearing article according to claim 4. Nakano/Roe teaches the intergluteal cleft stretchable region 40,42 includes a first sheet layer 20A, a second sheet layer 20B and an elastic sheet 42 disposed therebetween as the intergluteal cleft elastic member (Nakano Fig. 11), and
the first sheet layer 20A and the second sheet layer 20B are bonded directly or indirectly at a large number of joined portions arranged at intervals (Nakano Figs. 1-4; paras. 0071, 0074, 0077), at least in a middle part of the intergluteal cleft stretchable region in the front-back direction.
Nakano/Roe does not specifically teach an area ratio of the joined portions decreases stepwise or continuously from both side edges of the middle part toward the center thereof in the width direction. Takaishi JP 2016187386A teaches a pants-type disposable diaper that provides an excellent fit to a buttock. Takaishi teaches the pants-type disposable diaper includes an exterior body and interior body having elastic members in the waist region and a cover region. Takaishi teaches the premise of the invention is to make compatible the fitting property with respect to the intergluteal (‘crack’) and with respect to the site part which adjoins the both sides of the width direction of an intergluteal cleft, which contain stretchable regions that can be stretched in the width direction. Takaishi teaches the stretchable region is an elastic film laminated between a first sheet layer and second sheet layer and joined directly or indirectly with a large number of joints arranged at intervals in the width direction and the front-rear direction. Takaishi teaches the area ratio of the joint is configured to increase stepwise or continuously from at least the intergluteal-facing portion to portions adjacent to both sides in the width direction (Takaishi page 2, claim 1). Takaishi teaches when the area ratio of the joint portion is configured to be increased stepwise or continuously from at least the portion facing the intergluteal cleft to the portion adjacent to both sides in the width direction - which is the same as decreasing stepwise or continuously from the sides towards the center- the width at the intergluteal facing portion is wider than both sides. As a result of the shrinkage in the direction, it is bent and fitted so as to enter the wearer’s intergluteal cleft, and the portions adjacent to both sides in the width direction of the intergluteal-facing portion also fit well by the shrinkage in the width direction of the intergluteal cleft (Takaishi page 2, Claim 1 (Function and effect). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to have the area ratio of the joined portions decrease stepwise or continuously from both side edges of the middle part toward the center thereof in the width direction as taught Takaishi to provide the desired fit into the intergluteal cleft as taught in Takaishi and Nakano/Roe.
Claims 6 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al. US Patent Application Publication 2013/0102982 in view of Roe et al. US Patent Application Publication 2014/0163500 and further in view of Sakai US Patent Application Publication 2018/0014984.
As to claims 6 and 15-17, Nakano/Roe teach the back body part B has a non-stretchable region, which is adjacent to the intergluteal cleft stretchable region at both sides thereof in the width direction and located at the center side of both the side edges of the absorber in the width direction – where Nakano teaches cut elastics in the center in the back portion B, and cut elastics 26 adjacent to the intergluteal stretchable region 40, 42 (Fig. 2),
and a side stretchable region, which is adjacent to the non-stretchable region at both sides thereof in the width direction and extended to outer sides of both the side edges of the absorber in the width direction - where the elastics 26 extend to the edges of the absorber 10, 13 (Nakano Figs. 2, 10),
a region 30, which is provided from a part of the side stretchable region on one side, through a part of the non-stretchable region on one side, the intergluteal cleft stretchable region, and a part of the non-stretchable region on the other side, to a part of the side stretchable region on the other side includes a first sheet layer 20A (Nakano Fig. 2), a second sheet layer 20B and an elastic sheet forming the intergluteal cleft elastic member 40 and being disposed therebetween (Nakano Fig. 11; para. 0082-0083), and
the first sheet layer 20A and the second sheet layer 20B are bonded directly or indirectly at a large number of joined portions arranged at intervals (Nakano Figs. 2, 5, 7, paras. 0125-0129).
Nakano/Roe do not specifically teach a maximum elongation in the width direction of the non-stretchable region is less than 120%. Sakai teaches a pants-type absorbent article where an elastic film is interposed between a first sheet layer and a second sheet layer (Sakai paras. 0001, 0003). Sakai teaches having stretchable and non-stretchable regions (Sakai Fig. 23; paras. 0012-0015). Sakai teaches the non-stretchable region having an elongation at an elastic limit in the stretching and contracting direction of 130% or less, which includes the claimed range of less than 120% (Sakai para. 0085).
Nakano/Roe/Sakai teach a maximum elongation of the intergluteal cleft stretchable region 40, 42 (Nakano Fig. 2) is 1.5 to 3 times the maximum elongation in the width direction of the non-stretchable region -where Nakano teaches the intergluteal cleft-portion elastic members 42 have an extension ratio in a fixed state to 200% to 350%, particular 250% to 300% (Nakano para. 0123) compared to the non-stretchable region with an elastic limit of 130% or less as stated above.
Nakano/Roe/Sakai teach a maximum elongation of the side stretchable region (area where elastics 26 are present) has an extension ratio of 200% to 350% (Nakano para 0123; Sakai para. 0152), which is at least 2 to 5 times the maximum elongation in the width direction of the non-stretchable region. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the stretchable and non-stretchable regions of Nakano/Roe with the maximum elongation taught in Sakai since the cited prior art is from the same field of endeavor and solve the same problem of imparting elasticity to an absorbent article to provide a good fit for the user.
Nakano/Roe/Sakai do not specifically teach the slots are provided only in the non-stretchable region. However, Roe teaches at least one channel(slot) is in the absorbent material deposition area 8, which is at least partially oriented in the longitudinal direction of the article (Roe Fig. 6; para. 0077). Roe further teaches other channels may be at least partially oriented in the lateral direction or in any other direction. Roe teaches the channels may be present in the rear waist region. Roe teaches channels 26,27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 26,27 in the non-stretchable region to allow flexibility for the bending portion 40 (Nakano Fig. 2) of the absorbent.
Claims 7, 8, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al. US Patent Application Publication 2013/0102982 in view of Roe et al. US Patent Application Publication 2014/0163500 as applied to claim 1 above, and further in view of Asp et al. US Patent Application Publication 2007/0255245.
As to claim 7, Nakano/Roe teach the underpants-type disposable wearing article according to claim 1. Nakano/Roe do not teach the back body part includes a third portion, which is a part of the center line passing through the center of the back body part in the width direction and located in a range facing a sacrum. Asp teaches an absorbent article having a recess in the region configured to face a sacrum for the benefit of receiving and storing faeces (Asp Figs. 3, 5, 6, and 8; para. 0007). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the invention of Nakano/Roe with a sacrum region for the benefits taught in Asp.
Nakano/Roe/Asp teach a sacrum stretchable region 316, 516, 616, 825 is provided over both sides of the third portion in the width direction with a sacrum elastic member (Asp paras. 0007, 0016, 0020, 0023) therein such that both side edges of the sacrum stretchable region are away from both the imaginary straight lines to the center side thereof in the width direction, respectively, the imaginary straight lines passing through both the first portions along the front-back direction, respectively – the examiner interprets this portion of the claim as imaginary straight lines from the center of the absorbent pass through the intergluteal cleft region (Nakano 40) through the center of the sacrum stretchable region in the front-back direction – seen in Asp Fig. 3 where the longitudinal axis 317 extends through the absorbent 309 and the center of the sacrum region 316 (Asap Fig. 3; para. 0045).
Nakano/Roe/Asp teach the sacrum stretchable region stretches and contracts in the width direction between a natural length state where the sacrum stretchable region is contracted together with the sacrum elastic member (Asp para. 0023), and a spread state where the sacrum stretchable region is stretched to be spread together with the sacrum elastic member – where Asp teaches the extended state is meant when the article is pulled out at all its corners, so that the backsheet becomes completely taut and/or planar (Asp paras. 0011, 0023).
Nakano/Roe/Asp does not specifically teach a maximum elongation in the width direction of the sacrum stretchable region is larger than a maximum elongation in the width direction of a region, which is adjacent to the sacrum stretchable region on both sides thereof in the width direction. However, Asp does teach the elastic element which defines the extension of the pocket-like reception portion for receiving faeces comprises or consists of at least one elastic thread and can comprise 2, 3, 4, 5, 6, 7, or more elastic threads, or alternatively one or more elastic films (Asp para. 0016). Thus, the maximum elongation in the width direction can change depending on the desired elasticity of the sacrum stretchable region. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the maximum elongation in the width direction of the sacrum stretchable region larger than a maximum elongation in the width direction of both sides adjacent to the sacrum stretchable region since Asp teaches the number of elastics and the size and shape of the recess can be adjusted relative to the production method and model of the absorbent article (Asp para. 0012).
Nakano/Roe/Asp teaches the absorber extends backward beyond the front end of the third portion, and both the side edges of the absorber are away from both side edges of the third portion to outer sides thereof in the width direction (Asp Figs. 3, 5, 6, and 8).
Nakano/Roe/Asp does not specifically teach the slots are formed at both sides of the sacrum stretchable region in the width direction. However, Roe teaches channels 26,27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 26,27 adjacent to the sacrum stretchable region to allow flexibility for the pocket-like reception portion for receiving and storing faeces. Roe teaches the slots/channels 26, 27 extend toward the longitudinal side edges of the core (Roe Figs. 1, 18-21), which extend outwardly in the width direction toward the back side.
As to claim 8, Nakano/Roe/Asp teaches the V-shaped pocket for receiving and storing of faeces has an angle α of ≥ 300 , preferably ≥ 450 (Asp Fig. 3; para. 0014). For the limitation of the slots, see the rejection of claim 7 above. Nakano/Roe/Asp teach the acute intersecting angles between the front-back direction and directions along which the slots extend are 30 to 70 degrees – where Roe teaches the first slot/channel 26 and the second slot/channel 26’ may each have a first arcuate portion 33’in the rear waist region 6. The arcuate portions 33’ may have tangent lines 35’ that intersect the longitudinal axis 80’ to create angle A2 (Roe Fig. 18; para. 0097). Roe teaches the angle of intersection A2 between the tangent lines 35’ and the longitudinal axis 80’ may be in the range of 10 degrees to 80 degrees (Roe para. 0097).
Thus, the acute angles in the sacrum stretchable region (of ≥ 300 , preferably ≥ 450 ) in the width direction extend 0.4 to 1.0 times the acute intersecting angles (30 to 70 degrees), which has values in the claimed range of 0.3 to 0.8 times the acute intersecting angles between the front-back direction along which the slots provided at both the sides of the intergluteal cleft stretchable region in the width direction extend.
As to claim 19, Nakano/Roe teach the underpants-type disposable wearing article according to claim 2. Nakano/Roe do not teach the back body part includes a third portion, which is a part of the center line passing through the center of the back body part in the width direction and located in a range facing a sacrum. Asp teaches an absorbent article having a recess in the region configured to face a sacrum for the benefit of receiving and storing faeces (Asp Figs. 3, 5, 6, and 8; para. 0007). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the invention of Nakano/Roe with a sacrum region for the benefits taught in Asp.
Nakano/Roe/Asp teach a sacrum stretchable region 316, 516, 616, 825 is provided over both sides of the third portion in the width direction with a sacrum elastic member (Asp paras. 0007, 0016, 0020, 0023) therein such that both side edges of the sacrum stretchable region are away from both the imaginary straight lines to the center side thereof in the width direction, respectively, the imaginary straight lines passing through both the first portions along the front-back direction, respectively – the examiner interprets this portion of the claim as imaginary straight lines from the center of the absorbent pass through the intergluteal cleft region through the center of the sacrum stretchable region in the front-back direction – seen in Asp Fig. 3 where the longitudinal axis 317 extends through the absorbent 309 and the center of the sacrum region 316 (Asap Fig. 3; para. 0045).
Nakano/Roe/Asp teach the sacrum stretchable region stretches and contracts in the width direction between a natural length state where the sacrum stretchable region is contracted together with the sacrum elastic member (Asp para. 0023), and a spread state where the sacrum stretchable region is stretched to be spread together with the sacrum elastic member – where Asp teaches the extended state is meant when the article is pulled out at all its corners, so that the backsheet becomes completely taut and/or planar (Asp paras. 0011, 0023).
Nakano/Roe/Asp does not specifically teach a maximum elongation in the width direction of the sacrum stretchable region is larger than a maximum elongation in the width direction of a region, which is adjacent to the sacrum stretchable region on both sides thereof in the width direction. However, Asp does teach the elastic element which defines the extension of the pocket-like reception portion for receiving faeces comprises or consists of at least one elastic thread and can comprise 2, 3, 4, 5, 6, 7, or more elastic threads, or alternatively one or more elastic films (Asp para. 0016). Thus, the maximum elongation in the width direction can change depending on the desired elasticity of the sacrum stretchable region. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the maximum elongation in the width direction of the sacrum stretchable region larger than a maximum elongation in the width direction of both sides adjacent to the sacrum stretchable region since Asp teaches the number of elastics and the size and shape of the recess can be adjusted relative to the production method and model of the absorbent article (Asp para. 0012).
Nakano/Roe/Asp teaches the absorber extends backward beyond the front end of the third portion, and both the side edges of the absorber are away from both side edges of the third portion to outer sides thereof in the width direction (Asp Figs. 3, 5, 6, and 8).
Nakano/Roe/Asp does not specifically teach the slots are formed at both sides of the sacrum stretchable region in the width direction. However, Roe teaches channels 26,27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 26,27 adjacent to the sacrum stretchable region to allow flexibility for the pocket-like reception portion for receiving and storing faeces. Roe teaches the slots/channels 26, 27 extend toward the longitudinal side edges of the core (Roe Figs. 1, 18-21), which extend outwardly in the width direction toward the back side.
As to claim 20, Nakano/Roe teach the underpants-type disposable wearing article according to claim 3. Nakano/Roe do not teach the back body part includes a third portion, which is a part of the center line passing through the center of the back body part in the width direction and located in a range facing a sacrum. Asp teaches an absorbent article having a recess in the region configured to face a sacrum for the benefit of receiving and storing faeces (Asp Figs. 3, 5, 6, and 8; para. 0007). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the invention of Nakano/Roe with a sacrum region for the benefits taught in Asp.
Nakano/Roe/Asp teach a sacrum stretchable region 316, 516, 616, 825 is provided over both sides of the third portion in the width direction with a sacrum elastic member (Asp paras. 0007, 0016, 0020, 0023) therein such that both side edges of the sacrum stretchable region are away from both the imaginary straight lines to the center side thereof in the width direction, respectively, the imaginary straight lines passing through both the first portions along the front-back direction, respectively – the examiner interprets this portion of the claim as imaginary straight lines from the center of the absorbent pass through the intergluteal cleft region through the center of the sacrum stretchable region in the front-back direction – seen in Asp Fig. 3 where the longitudinal axis 317 extends through the absorbent 309 and the center of the sacrum region 316 (Asap Fig. 3; para. 0045).
Nakano/Roe/Asp teach the sacrum stretchable region stretches and contracts in the width direction between a natural length state where the sacrum stretchable region is contracted together with the sacrum elastic member (Asp para. 0023), and a spread state where the sacrum stretchable region is stretched to be spread together with the sacrum elastic member – where Asp teaches the extended state is meant when the article is pulled out at all its corners, so that the backsheet becomes completely taut and/or planar (Asp paras. 0011, 0023).
Nakano/Roe/Asp does not specifically teach a maximum elongation in the width direction of the sacrum stretchable region is larger than a maximum elongation in the width direction of a region, which is adjacent to the sacrum stretchable region on both sides thereof in the width direction. However, Asp does teach the elastic element which defines the extension of the pocket-like reception portion for receiving faeces comprises or consists of at least one elastic thread and can comprise 2, 3, 4, 5, 6, 7, or more elastic threads, or alternatively one or more elastic films (Asp para. 0016). Thus, the maximum elongation in the width direction can change depending on the desired elasticity of the sacrum stretchable region. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the maximum elongation in the width direction of the sacrum stretchable region larger than a maximum elongation in the width direction of both sides adjacent to the sacrum stretchable region since Asp teaches the number of elastics and the size and shape of the recess can be adjusted relative to the production method and model of the absorbent article (Asp para. 0012).
Nakano/Roe/Asp teaches the absorber extends backward beyond the front end of the third portion, and both the side edges of the absorber are away from both side edges of the third portion to outer sides thereof in the width direction (Asp Figs. 3, 5, 6, and 8).
Nakano/Roe/Asp does not specifically teach the slots are formed at both sides of the sacrum stretchable region in the width direction. However, Roe teaches channels 26,27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 26,27 adjacent to the sacrum stretchable region to allow flexibility for the pocket-like reception portion for receiving and storing faeces. Roe teaches the slots/channels 26, 27 extend toward the longitudinal side edges of the core (Roe Figs. 1, 18-21), which extend outwardly in the width direction toward the back side.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al. US Patent Application Publication 2013/0102982 in view of Roe et al. US Patent Application Publication 2014/0163500 and further in view of Takaishi JP 2016187386A applied to claim 5 above, and further in view of Sakai US Patent Application Publication 2018/0014984.
Nakano/Roe teach the back body part B has a non-stretchable region, which is adjacent to the intergluteal cleft stretchable region at both sides thereof in the width direction and located at the center side of both the side edges of the absorber in the width direction – where Nakano teaches cut elastics in the center in the back portion B, and cut elastics 26 adjacent to the intergluteal stretchable region 40, 42 (Fig. 2),
and a side stretchable region, which is adjacent to the non-stretchable region at both sides thereof in the width direction and extended to outer sides of both the side edges of the absorber in the width direction - where the elastics 26 extend to the edges of the absorber 10, 13 (Nakano Figs. 2, 10),
a region 30, which is provided from a part of the side stretchable region on one side, through a part of the non-stretchable region on one side, the intergluteal cleft stretchable region, and a part of the non-stretchable region on the other side, to a part of the side stretchable region on the other side includes a first sheet layer 20A (Nakano Fig. 2), a second sheet layer 20B and an elastic sheet forming the intergluteal cleft elastic member 42 and being disposed therebetween (Nakano Fig. 11; para. 0082-0083), and
the first sheet layer 20A and the second sheet layer 20B are bonded directly or indirectly at a large number of joined portions arranged at intervals (Nakano Figs. 2, 5, 7, paras. 0125-0129; Takaishi page 2, claim 1).
Nakano/Roe/Takaishi do not specifically teach a maximum elongation in the width direction of the non-stretchable region is less than 120%. Sakai teaches a pants-type absorbent article where an elastic film is interposed between a first sheet layer and a second sheet layer (Sakai paras. 0001, 0003). Sakai teaches having stretchable and non-stretchable regions (Sakai Fig. 23; paras. 0012-0015). Sakai teaches the non-stretchable region having an elongation at an elastic limit in the stretching and contracting direction of 130% or less, which includes the claimed range of less than 120% (Sakai para. 0085).
Nakano/Roe/Takaishi/Sakai teach a maximum elongation of the intergluteal cleft stretchable region 40, 42 (Nakano Fig. 2) is 1.5 to 3 times the maximum elongation in the width direction of the non-stretchable region -where Nakano teaches the intergluteal cleft-portion elastic members 42 have an extension ratio in a fixed state to 200% to 350%, particular 250% to 300% (Nakano para. 0123) compared to the non-stretchable region with an elastic limit of 130% or less as stated above.
Nakano/Roe/Takaishi/Sakai teach a maximum elongation of the side stretchable region (area where elastics 26 are present) has an extension ratio of 200% to 350% (Sakai para. 0152), which is at least 2 to 5 times the maximum elongation in the width direction of the non-stretchable region. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the stretchable and non-stretchable regions of Nakano/Roe with the maximum elongation taught in Sakai since the cited prior art is from the same field of endeavor and solve the same problem of imparting elasticity to an absorbent article to provide a good fit for the user.
Nakano/Roe/Takaishi/Sakai do not specifically teach the slots are provided only in the non-stretchable region. However, Roe teaches at least one channel(slot) is in the absorbent material deposition area 8, which is at least partially oriented in the longitudinal direction of the article (Roe Fig. 6; para. 0077). Roe further teaches other channels may be at least partially oriented in the lateral direction or in any other direction. Roe teaches the channels may be present in the rear waist region. Roe teaches channels 26,27 are formed in the rear portion of the absorbent and contribute to the flexibility of the absorbent (Roe Fig. 1; paras. 0078, 0080). Thus, it would be obvious to one having ordinary skill in the art before the invention was originally filed to provide the channels/slots 26,27 in the non-stretchable region to allow flexibility for the bending portion 40 (Nakano Fig. 2) of the absorbent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781
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