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 .
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claim(s) 1-7, 10-12 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carlson et al. (US 20110209270) in view of Middlesworth (US 20180333943).
As to claim 1, Carlson discloses a method of manufacturing absorbent pants-type article (¶3). Carson discloses that the method comprises the steps of: advancing a continuous elastic front panel web in a machine direction (MD), the front panel web 25 being tensioned in the machine direction and having a front panel waist edge and an opposing front panel crotch edge; advancing a continuous elastic rear panel web 24 in a machine direction, the rear panel web being tensioned in the machine direction and having a rear panel waist edge and an opposing rear panel crotch edge, the rear panel web being spaced apart from the front panel web in a cross machine direction, perpendicular to the machine direction, with a gap in the cross machine direction between the front panel crotch edge and the rear panel crotch edge; -advancing a non-elastic continuous crotch web 23 in the machine direction; attaching the crotch web to the tensioned front panel web and to the tensioned rear panel web, thereby bridging the gap between the front panel crotch edge and the rear panel crotch edge and forming a coherent chassis web 22 of interconnected precursor articles, forming leg cuts 45 in the chassis web 22, each leg cut 45 having a closed loop configuration and forming a first leg edge of a leading precursor article (131a) and a second leg edge of a trailing precursor article; folding the chassis web along a fold-line extending in the machine direction and bringing the front panel waist edge into alignment with the rear panel waist edge; forming first and second side seams 46 in each precursor article, the side seams being formed in the cross machine direction (CD) along dividing lines between the precursor articles, from the aligned waist edges of the front and rear panel webs, to the leg cuts; and severing individual pant-type articles 21 from the chassis web (Fig. 3, 5-6 below; ¶92-103). Carlson discloses forming an absorbent assembly by placing an absorbent core 37 between a liquid impermeable backsheet 38 and a liquid permeable topsheet 35, followed by placing attaching said assembly to the chassis web (Fig. 2).
PNG
media_image1.png
469
625
media_image1.png
Greyscale
PNG
media_image2.png
552
439
media_image2.png
Greyscale
PNG
media_image3.png
504
472
media_image3.png
Greyscale
Carlson teaches that the above method fails to disclose the use of leg/crotch elastics but teaches it is possible to apply said leg/crotch elastics if additional elastification is needed at the leg opening of a pan-type absorbent article (¶101). Middlesworth (US 20180333943) discloses a method of making an elastic non-woven laminate (Abstract). Middlesworth discloses that it is known and conventional in the art to provide and laminate a pair of crotch elastic members (61, 63) upon a chassis web 19, spaced from one another in a machine direction and aligned to each other in a cross direction, attached to the chassis web crossing the continuous crotch web 17 (Fig. 8 below; ¶12). Middlesworth teaches that the elastics are bonded in such a way to provide an elastic web cuff (Id.), which would be formed by bonding the elastics in a stretched state and forming said cuff when said elastics are allowed to relax. It would have been obvious to one of ordinary skill in the art at the time of filing to use the crotch elastic bonding method of Middlesworth in the method taught by Carlson because one of ordinary skill in the art would have been able to carry out such a substitution to achieve the predictable result of providing a known successful and conventional method of providing leg/crotch elastics in an absorbent pant as envisioned by Carlson. “The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.” KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007)
PNG
media_image4.png
524
495
media_image4.png
Greyscale
Carlsson discloses that the absorbent assembly is applied over crotch elastics on the chassis web (Fig. 5 and 6). Hence the method of the above references as combined would apply the absorbent assembly over the stretched and attached crotch elastic members of Middlesworth.
As to claim 2, the method of claim 1 is taught as seen above. Carlson discloses that the crotch panel web 23 is joined with the front 25 and rear 24 panel webs in an overlapping edge configuration (Fig. 3; ¶122).
As to claim 3, the method of claim 1 is taught as seen above. Carlson discloses that the front and rear panel webs may be formed of laminate elastic bilayer film/nonwoven laminate (¶108).
As to claim 4, the method of claim 1 is taught as seen above. Middlesworth discloses that the crotch elastic members are band shaped (Fig. 8).
As to claim 5, the method of claim 1 is taught as seen above. The recited size/dimensions of the crotch elastic member would have been obvious to one of ordinary skill in the art because changes in size are obvious to one of ordinary skill in the art at the time of filing. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
As to claims 6 and 7, the method of claim 1 is taught as seen above. Middlesworth discloses that the elastic comprises of an elastic nonwoven (Fig. 8; ¶12). Carlson teaches that elastic nonwovens may be in the form of bi-layer film laminates. It would have been obvious for one of ordinary skill in the art to use a bi-layer film laminate as the crotch elastic because Carlson teaches that elastic film laminates are a known successful and conventional elastic nonwoven known in the art.
As to claim 10, the method of claim 1 is taught as seen above. Carlson discloses that the leg hole cut trims material off of the side edges of the absorbent assembly (cutting through the at least some of the impermeable backsheet and/or permeable topsheet) (Fig. 3, 6). It would have been obvious for one of ordinary skill in the art at the time of the invention to place the absorbent assembly in an overlapping configuration with the stretched crotch elastic members and would have been motivated to do so in order to provide desired crotch/leg elastics to the edge of the leg hole after the leg hole cut as seen in Fig. 6 of Carlson.
As to claim 11, the method of claim 1 is taught as seen above. Carlson discloses that a reinforcing leg elastic member 75 is formed on the rear panel of the absorbent article (Fig. 6). Carlson discloses that the waist elastics 51 are adhesively bonded to the back panel in a stretched state so as to form gathers with the nonwoven material once it is allowed to relax (¶73). It would have been obvious for one of ordinary skill in the art to form elastic gathers upon the leg holes of the diaper in the same manner as gathers are formed along the waist band because such a modification would have been within his technical grasp.
As to claim 12, the method of claim 11 is taught as seen above. An attachment area for the reinforcing leg elastic member is necessary so as to adhesively bond said elastic in a tensioned state to the nonwoven and form gathers upon relaxation.
As to claim 16, the method of claim 8 is taught as seen above. Carlson discloses by making the leg hole cuts, wherein the first leg edge of each precursor article in the chassis web consists of: a front leg edge section extending in the tensioned front panel web; a crotch leg edge section extending in the crotch web between the front panel crotch edge and the rear panel crotch edge; and a rear leg edge section extending in the tensioned rear panel web; and the second leg edge of each precursor article consists of: a front leg edge section extending in the tensioned front panel web; a crotch leg edge section extending in the crotch web between the front panel crotch edge and the rear panel crotch edge; and a rear leg edge section extending in the tensioned rear panel web (Fig. 3, 6).
As to claim 17, the method of claim 16 is taught as seen above. The method of claim 17 is rejected for substantially the same reasons as claim 9 above since the method of the references as combined would cut away portions of the absorbent assembly and crotch elastics to form the leg hole edges of the absorbent pant. As to the recitation of the size/shape of the cutting line, these would have been obvious at the time of the invention because the size and shape of an absorbent pant are parameters to be modified according to an intended use of the pant.
As to claim 18, the method of claim 1 is taught as seen above. Carlson discloses that front 30 and rear 29 waist elastic members may be attached before attaching the crotch web to the front and rear panels (Fig. 3).
Claim 19 is rejected for the same reasons as claim 1 since it recites the pant-type article produced by claim 1.
Allowable Subject Matter
Claims 13-15 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 13 recites that the end portions of the crotch elastic members overlaps an edge of the front and back panel webs. The closest prior art of Carlson et al. (US 201102092) as modified by Middlesworth (US 20180333943) discloses placing crotch elastic members between front and rear panels up to the edges of said panels, but fails to teach or disclose that the ends of the crotch members overlap the edges of the elastic panels as currently claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed November 14, 2025 have been fully considered but they are not persuasive.
Applicant argues on pages 11-12 that the rejection of claim 1 makes the assumption that the modification of Middleston would have been made prior to the application of the absorbent assembly. Applicant contends that it is equally as likely that Carlson could be modified to include the Middlesworth elastics such that it would be applied after the absorbent assembly and not be covered by said assembly. This argument is not persuasive since, as seen in the rejection above, Middlesworth discloses that the elastic members are applied directly to the chassis web (Fig. 8). Thus, the application of elastic members of Middlesworth directly to the chassis web to form leg cuffs would occur prior to the application of an absorbent member to provide elastic leg cuffs between the chassis web and absorbent member as seen in Fig. 5 and 6 of Carlson.
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER C CAILLOUET whose telephone number is (571)270-3968. The examiner can normally be reached M-F 9AM-5PM EST.
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, PHILLIP TUCKER can be reached at (571)272-1095. 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.
/CHRISTOPHER C CAILLOUET/Examiner, Art Unit 1745
/GEORGE R KOCH/Primary Examiner, Art Unit 1745