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 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. Claim(s) 1- 8, 13-14, 17-18, 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Back (US 2017/0216105) in view of Igaue (US 474 3 241). Regarding claim 1, Back discloses a disposable absorbent article ( figure 1 and 2 ), the article (1) having a longitudinal direction ( y ) and a transverse direction ( x ), a longitudinal centre line ( dashed line at the center, figure 2 ) extending in the longitudinal direction, the article (1) comprising: - a front region ( 5 ) having a front waist edge (7) and a first and a second longitudinal front side edge (8,9); - a rear region ( 6 ) having a rear waist edge (10) and a first and a second rear side edge (11,12); - a crotch region ( 19 ) being located between the front region and the rear region ( figure 2 ); - an absorbent core (2); - a first leg edge (19 a-c of 16 or 17 ) and a second leg edge ( 19a-c of 16 or 17 ); - a pre-tensioned first crotch elastic member ( 27 ) being arranged extending in the longitudinal direction along the first leg edge ( 19a-c of 1 6 ) in the crotch region ( 19 ) and a pre- tensioned second crotch elastic member ( 28 ) being arranged extending in the longitudinal direction along the second leg edge ( 19a-c of 17) in the crotch region ( 19 ); wherein - the leg edges in the crotch region extend partly or fully in the corresponding crotch elastic member ( figure 2, [0065], [0069]); - an intermediate portion of the crotch region ( most narrow portion of 19 is at the intermediate area ) has a smaller width than a width of the crotch region at the front region (narrow area smaller width than the front region, figure 2) and a having smaller width than a width of the crotch region at the rear region ( narrow area smaller width than rear region, figure 2 ); wherein - each crotch elastic member has a first side edge (inner edge of the elastic member) and a second side edge (outer edge of the elastic member) extending in the longitudinal direction (figures 2-3 , the first side edge of each crotch elastic member at least partly coinciding with the corresponding leg edge ( figure 2 shows the elastic member coinciding and extending in the same area as the leg edge ) in the crotch region, - the absorbent core (2) has a first and a second side edge ( see annotated figure below ), and a first and a second end edge ( see annotated figure below ), the first side edge and the second side edge of the absorbent core extending along the leg edges ( annotated edges extend along leg edges 19a-c of 16 and 17) in the crotch region, the absorbent core having a width in an intermediate portion of the absorbent core ( narrowest portion of the absorbent ) which is smaller than a width of a front portion of the absorbent core ( annotated intermediate portion smaller in width than front ) and smaller than a width of a rear portion of the absorbent core ( annotated intermediate portion smaller in width than rear ), Back does not disclose each crotch elastic member has a width in an intermediate portion of the crotch elastic member which is smaller than a width of the crotch elastic member at a front end portion of the crotch elastic member and which is smaller than a width of the crotch elastic member at a rear end portion of the crotch elastic member ; and a distance as measured in the transverse direction between the first side edge of the absorbent core and the first side edge of the first crotch elastic member and a distance as measured in the transverse direction between the second side edge of the absorbent core and the first side edge of the second crotch elastic member varying with at most 30 millimetres along a full length of the first crotch elastic member and the second crotch elastic member . It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Back to have a distance between the edges of the absorbent core and crotch elastic member to be within the claimed range since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Back would not operate differently with the claimed spaced distance and the device would function appropriately having the claimed spaced distance . Further, applicant places no criticality on the range claimed, indicating simply that the spaced distance can be varied, with ranges such as at most 25, at most 15 mm (specification page 3). Igaue discloses a disposable pant type article (figure 5) and teaches each crotch elastic member (6 c ) has a width in an intermediate portion ( width of intermediate portion in annotated figure, w1 ) of the crotch elastic member which is smaller than a width of the crotch elastic member at a front end portion (3) of the crotch elastic member (annotated figure, w1 is less than w3) and which is smaller than a width of the crotch elastic member at a rear end portion ( 2) of the crotch elastic member ( annotated figure, w1 is less than w2 ) . It would have been obvious to a person of ordinary skill in the art at the effective filling date to modify the first and second crotch elastic members of Back by substituting the crotch elastic members with the ones in Igaue since both perform the same function of providing elastic sealing around the pant-type article. Simply substituting one elastic means for anoth er would yield the predictable result of allowing the leg opening edge to seal around the user through elastic means. See MPEP 2143. Regarding claim 2, Back further discloses wherein the disposable article is a pant-type article (figure 1-2) , the first front side edge (8) being joined to the first rear side edge (11) in a first side seam ( 13 ) and the second front side edge (9) being joined to the second rear side edge (12) in a second side seam (1 4 ), the front waist edge (7) and the rear waist edge (10) together defining a waist opening ( 15, figure 1, [0031] ), the first leg edge (19') defining a first leg opening and the second leg edge defining a second leg opening ( 17, [0033] ). Regarding claim 3 , Back discloses wherein: - the front region comprises or consists of a front body panel ( 20 ) being elastically stretchable in the transverse direction ( [0041] ), the front body panel having a front panel waist edge (waist edge adjacent elastic member 18a) , a front panel crotch edge opposite the front panel waist edge (edge opposite 18a, near openings 16 and 17) and a first and a second longitudinal front panel side edge (edge of 20 near 8 and 9) ; - the rear region ( 6 ) comprises or consists of a rear body panel ( 20) being elastically stretchable in the transverse direction ([0041]) , the rear body panel having a rear panel waist edge (edge close to 18a on panel 20 in the rear 6) , a rear panel crotch edge opposite the rear panel waist edge (edge opposite 18a near openings 16 and 17) and a first and a second rear panel side edge (edges of 20 near 11 and 12) ; - the crotch region is located between the front panel and the rear panel ( figure 2 ), the crotch region being delimited in the longitudinal direction by the front panel crotch edge and the rear panel crotch edge (figure 2) ; - the first front panel side edge is joined to the first rear panel side edge in the first side seam (13) and the second front panel side edge is joined to the second rear panel side edge in the second side seam ( 14, figure 2 ); - a front leg edge section of each of the first and the second leg edge is arranged in the elastically stretchable front body panel (see annotated figure below) , a rear leg edge section of each of the first and the second leg edge is arranged in the elastically stretchable rear body panel (see annotated figure below) , and a crotch leg edge section of each of the first and the second leg edge is arranged in the crotch region from the front panel crotch edge to the rear panel crotch edge (see annotated figure below) , a total length of each leg edge being the combined length of the front leg edge section, the crotch leg edge section and the rear leg edge section (see annotated figure below) ; - the crotch leg edge section of the first and second leg edges extends partly or fully in the corresponding crotch elastic member ( figure 2 ); - the crotch leg edge section is shaped such that the intermediate portion of the crotch region has a smaller width than a width of the crotch region at the front panel crotch edge and a smaller width than a width of the crotch region at the rear panel crotch edge (see figure 2, the intermediate portion of crotch region smaller width compared to either side of the crotch region) ; - the width of the absorbent core in the intermediate portion of the absorbent core is smaller than a width of the absorbent core at the front panel crotch edge and smaller than a width of the absorbent core at the rear panel crotch edge (absorbent core 2 has intermediate portion in the middle of the core which is smaller in width than the edges near the front and rear panels) . Regarding claim 4, Back discloses wherein the front end portions of each of the first and the second crotch elastic members overlap with and are attached to the front body panel ( see first annotated figure above, elastic member extends past seam 33 and thus overlap with panel 5, attached at seam 33, [0073] extends a certain distance into part of the leg opening, leg elastic emmbers overlap the elastic laminate 20 ) . Regarding claim 5, Back discloses the widths of the elast ic members of the front and rear being the same (figure 2 of Back) and but does not disclose a ratio between the width ( wf , wr ) of the front and rear end portions and the smallest width ( wc ) of the intermediate portion (61"', 62"') is from 1:0.5 to 1:0.9. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the ratio of the front and rear widths of BÄCK, as modified by Igaue , from between 1:0.5 and 1:0.9 as applicant appears to have placed no criticality on the claimed range (Page 5 lines 27-29 the width of the front end portion may be equal to the width of the rear end portion. A ratio between the width of the end portions and the smallest width of the intermediate portion may be from 1:0.5 to 1:0.9) and since it has been held that "[ i ]n the case where the claimed ranges 'overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists". In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). In the instant case, BÄCK in view of Igaue would not operate differently with the claimed range and since Igaue has disclosed in there drawing a ratio between the widths that would have apprised one of ordinary skill in the art of a value falling within the range of the claimed ratio. Further, applicant places no criticality on the ranged claimed, indicating simply that "a ratio between the width of the end portions and the smallest width of the intermediate portion may be from 1:0.5 to 1:0.9" (Page 5 lines 27-29). Regarding claim 6 , Back does not disclose wherein the crotch elastic members comprise or consist of elastic film or elastic nonwoven material. Igaue further teaches the crotch elastic members comprise elastic file (col 4, lines 25-27). It would have been obvious to a person of ordinary skill in the art at the effective filling date to modify the first and second crotch elastic members of Back by substituting the crotch elastic members with the ones in Igaue since both perform the same function of providing elastic sealing around the pant-type article. Simply substituting one elastic means for another would yield the predictable result of allowing the leg opening edge to seal around the user through elastic means. See MPEP 2143. Rgarding claim 7, Back further discloses wherein the absorbent core (2) forms part of an absorbent assembly ( [0035] ), the absorbent assembly comprising the absorbent core (2), a liquid permeable upper core cover layer ( 26 ) and a lower core cover layer (25), the absorbent core (2) being enclosed between the upper core cover layer and the lower core cover layer ( [0035] ). Regarding claim 8, Back further discloses wherein the first side edges of the crotch elastic members are aligned with a first and a second side edge of the absorbent assembly ( absorbent 2 has side edges adjacent the crotch elastic members) and share a contour with the first and second side edges of the absorbent assembly in the crotch region ( figure 2, the edges extend and share a contour in the crotch region ). Regarding claim 13, Back discloses wherein the upper core cover layer is a liquid permeable topsheet and the lower core cover layer is a liquid barrier layer ([0036-0037]). Regarding claim 14, Back discloses wherein the absorbent core comprises super-absorbent material ([0038]). Regarding claim 17, Back discloses wherein the absorbent core (2) comprises two or more parts ( [0039]) ) having different absorption capacity per unit area. Regarding claim 18, Back discloses wherein a central part ( part of 2 in crotch area ) of the absorbent core being arranged between a first end part ( portion of core toward the front of seam 33 ) of the absorbent core and a second end part ( part of core covered by strip 35 and in the rear ) of the absorbent core, has a greater absorption capacity per unit area than an absorption capacity per unit area of the first end part and a greater absorption capacity per unit area than an absorption capacity per unit area of the second end part ( the core having different layers of liquid distribution capacity and storage capacity , [0039] ). It would have been obvious to a person of ordinary skill in the art at the effective filling date to modify the end parts of Back to have preferred absorption capacity area since Back already discloses the use of different layers to change the storage capacity. Regarding claim 22, Back discloses wherein the absorbent core (2) has a length being determined as the distance between a point on the first end edge of the absorbent core where the first end edge of the absorbent core intersects with the longitudinal centre line and a point on the second end edge of the absorbent core where the second end edge intersects with the longitudinal centre line (length of the absorbent core, see first annotated figure), Back does not disclose the length of the absorbent core being in the range of from 300 millimetres to 700 millimetres . It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Back to have a length within 300mm to 700mm within the claimed range since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Back would not operate differently with the claimed length and the device would function appropriately having the claimed length . Further, applicant places no criticality on the range claimed, indicating simply that the spaced distance can be varied, with ranges such as at most 25, at most 15 mm (specification page 11). Regarding claim 23, Back discloses wherein the crotch region comprises a non - stretchable crotch web material ([0062]). Regarding claim 24, Back discloses wherein the elastically stretchable front body panel and/or the elastically stretchable rear body panel comprises or consists of an elastic laminate (20) , the elastic laminate comprising at least a first layer of fibrous material (21) and an elastic layer (23) . Regarding claim 25 , Back discloses wherein the elastic layer comprises or consists of a layer of elastic film or a layer of elastic nonwoven ([0049]) . Claim(s) 9- 12 , 15-16, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Back (US 2017/0216105) in view of Igaue (US 474241) further in view of Willhaus )US 2017/0079858) . Regarding claim 9 -12 , Back further discloses the upper core cover layer (2 6 ) and the lower core cover layer (25) are connected in a first side seal (junction between 25 and 26, figure 3) extending along the first side edge of the absorbent core and in a second side seal (opposite junction between 25 and 26, figure 3) extending along the second side edge of the absorbent core . Back does not disclose the absorbent core comprising one or more channels extending in the longitudinal direction at a distance from each of the first side seal and the second side seal, each of the one or more channels having a channel seal extending therein (claim 9), a length of the one or more channels in the longitudinal direction is less than a length in the longitudinal direction of each of the first crotch elastic member and the second crotch elastic member (claim 10), the first side seal, the second side seal and the channel seal or channel seals are adhesive seals or weld seals or combinations thereof (claim 11), wherein the first side seal, the second side seal and each channel seal are adhesive seals and a basis weight of adhesive in each channel seal is higher than a basis weight of adhesive in each of the first side seal and the second side seal (claim 12). Willhaus discloses an absorbent article and teaches an absorbent core (28) comprising one or more channels (26, figure 3, [0029]) extending in the longitudinal direction at a distance from each of the first side seal and the second side seal (26 spaced from the edges of the absorbent core), each of the one or more channels having a channel seal (27) extending therein , a length of the one or more channels in the longitudinal direction is less than a length in the longitudinal direction of each of the first crotch elastic member and the second crotch elastic member ( figue 1, the channels not as long as the crotch elastics 32), the first side seal, the second side seal and the channel seal or channel seals are adhesive seals or weld seals or combinations thereof ([0078]), wherein the first side seal, the second side seal and each channel seal are adhesive seals and a basis weight of adhesive in each channel seal is higher than a basis weight of adhesive in each of the first side seal and the second side seal ([0078]). Willhaus provides channels to distribute an i nsulting fluid along their length to a wider area of the core and thus provide a quicker fluid acquisition speed and a better utilization of the absorbent capacity of the core ([0049]). It would have been obvious to a person of ordinary skill in the art at the effective filling date to modify the cited prior art with the channels of Willhaus in order to provide quicker fluid acquisition speed. Regarding claim 15 -16 , Back does not disclose wherein the one or more channels are constituted by two channels extending spaced apart and symmetrically arranged on each side of the longitudinal centre line between the longitudinal centre line and a corresponding one of the first side seal and the second side seal (claim 15), wherein the length of each of the one or more channels is in the range of from 50 mm to 400 mm (claim 16) . Willhaus further teaches the one or more channels are constituted by two channels (26) extending spaced apart (figure 3) and symmetrically arranged on each side of the longitudinal centre line between the longitudinal centre line ([0011]) and a corresponding one of the first side seal and the second side seal (figure 4B) , wherein the length of each of the one or more channels is in the range of from 50 mm to 400 mm ([0054]) . Willhaus provides channels to distribute an i nsulting fluid along their length to a wider area of the core and thus provide a quicker fluid acquisition speed and a better utilization of the absorbent capacity of the core ([0049]). It would have been obvious to a person of ordinary skill in the art at the effective filling date to modify the cited prior art with the channels of Willhaus in order to provide quicker fluid acquisition speed. Regarding claim 26, Back and Igaue do not disclose wherein the absorbent core comprises from 50% by weight to 100% by weight of superabsorbent material. Willhaus teaches a SAP composition of 50% by weight to 90% by weight ([0043]). It would have been obvious to a person of ordinary skill in the art at the effective filling date to modify Back with the composition of Willhaus since Back already discloses SAP usage but not the exact proportion in order to obtain he desired absorbency properties. Allowable Subject Matter Claims 19-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art fails to teach the central part of the absorbent core has a uniform basis weight and each of the first end part and the second end part of the absorbent core has uniform basis weight combined with the central part of the absorbent core delimited from the other end parts by a corresponding transition zone. The cited prior art does not teach the arrangement specifically disclosed by claims 19-21 and are thus objected. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT KAI H WENG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-5852 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9am-5pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Rebecca Eisenberg can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KAI H WENG/ Primary Examiner, Art Unit 3781