DETAILED ACTION
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 1-15 are pending in the application.
Claim Objections
The claims are objected to for the following informalities:
In claim 7, line 3, should end in a period (“.”); In claim 12, line 2, “body,” should be “body.”; In claim 14, lines 2-4, “A” and “T” should be “a” and “t”, respectively; where each claim should start with a capital letter and end with a period, without other capital letters in-between, unless using an abbreviation. Appropriate correction is suggested. See MPEP 608.01(m).
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 1, 4, 6, 8, and 10-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by JP 2021/074070 A (“JP’070”) (cited to machine translation, as attached, as listed in 892 form).
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As to claim 1, JP’070 discloses an absorbent body 4 (absorber 4 of main body M [0010],ll.2 of absorbent article 1 as napkin 1 [0009]; Abstract; Fig.1; [0004]-[0078], incorporated herein), comprising:
a. a longitudinal direction (vertical direction as top to bottom Fig.1; [0009],ll.6-9) and a transverse direction (horizontal direction as side to side Fig.1 [0009],ll.6-9);
b. a longitudinal direction axis X (vertical direction axis X Fig.1; [0009],ll.6-9) and a transverse direction axis Y (horizontal direction axis Y Fig.1 [0009],ll.6-9);
c. an anterior region M1, a posterior region M3 , and a crotch region M2 located between the anterior region M1 and the posterior region M2 (Fig.1; [0011]);
d. an exudate capture zone located within the crotch region M2 (Fig.1), the exudate capture zone comprising : i. a first primary compressed element 10 (intermediate squeezing groove 10 Fig.1; [0027],ll.5-15) having a first longitudinal direction axis (axis as middle of 10 from top to bottom Fig.1), a first longitudinal direction length (length of 10 from top to bottom Fig.1), and a first transverse direction width (width of 10 from L to R side Fig.1), wherein the first longitudinal direction length is greater than the first transverse direction width (Fig.1) and wherein the first longitudinal direction axis is parallel with the longitudinal direction axis of the absorbent body (Fig.1);
ii. a plurality of primary compressed points 9/11/91 (main body pressing groove 9 comprising pressing portion 91 Fig.1; [0030] bounded above and below by inner squeezing groove 11 [0027],ll.4-5) encircling the first primary compressed element 10 (Fig.1; [0027],ll.4-5), wherein each of the plurality of primary compressed points 9/11/91 has a second longitudinal direction length (Fig.1; as length of 9/91 between top and bottom 11) and a second transverse direction width (Fig.1; as width of 9/91 between top and bottom 11), - wherein the first longitudinal direction length of the first primary compressed element 9/11/91 (Fig.1) is greater than the second longitudinal direction length and the second transverse direction width of each of the primary compressed points 9/11/91 of the plurality of primary compressed points encircling the first primary compressed element 10 (Fig.1).
- Claims 6 and 8: see JP’070: [0027]; Fig.1 ref. 10
- Claims 10 and 12: see JP’070: [0030]; Fig.1 ref. 11
- Claim 14: see JP’070 : Fig . 1
As to claim 4, JP’070 teaches wherein the first longitudinal direction axis X of the first primary compressed element is aligned in the longitudinal direction with a second longitudinal direction axis of one of the primary compressed points of the plurality of primary compressed points (Fig.1 and as presented above for claim 1).
As to claims 6 and 8, JP’070 teaches wherein the absorbent body further comprises a plurality of second primary compressed element parallel with the first primary compressed element and encircled by the plurality of primary compressed points, wherein the second primary compressed element has a second longitudinal direction axis, a second longitudinal direction length, and a second transverse direction width, wherein the second longitudinal direction length is greater than the second transverse direction width and wherein the second longitudinal direction axis is parallel with the longitudinal direction axis of the absorbent body; where the plurality are within the crotch region (Fig.1; [0027]).
As to claims 10-12, JP’070 teaches wherein the absorbent body further comprises a plurality of secondary compressed points within the crotch region M2 (Fig.1); and a plurality of tertiary compressed points in each of the anterior region M1 and posterior region M3 of the absorbent body (Fig.1; [0030]) .
As to claim 14, JP’070 teaches an absorbent article (Abstract; Claim 1) comprising:
a. a topsheet layer (claim 1,ll.1; front surface sheet 2; [0013]-[0014]);
b. a backsheet layer (claim 1,ll.2; back surface sheet 3; [0013]-[0014]); and
c. the absorbent body of claim 1 (as presented above).
As to claim 15, JP’070 teaches wherein the absorbent article further comprises a surge layer 8 (core wrap sheet 8; Fig.1; [0014],ll.4) positioned between the absorbent body and the topsheet layer (Fig.1; claim 1,ll.1-2).
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for ‘establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under 35 U.S.C. 103, the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103 and potential 35 U.S.C. 102(a)(2) prior art under 35 U.S.C. 103. Claims 2-3, 5, 7, 9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2021/074070 A (“JP’070”) (cited to machine translation, as attached, as listed in 892 form).
As to claims 2-3, 5, 7, 9, and 13, JP’070 teaches (claim 5) the aligned primary compressed element and primary compressed point are separated from each other by a first distance, in the longitudinal direction of the absorbent body (Fig.1; [0075]). JP’070 does not specifically teach the specific ranges of wherein: (claim 2) the first longitudinal direction length of the first primary compressed element is from 7 to 20 mm and the first transverse direction width of the first primary compressed element is from 1 to 4 mm;
(claim 3) the second longitudinal direction length of each of the primary compressed points of the plurality of primary compressed points is from 1 to 4 mm and wherein the second transverse direction width of each of the primary compressed points of the plurality of primary compressed points is from 1 to 4 mm; (claim 5) the aligned primary compressed element and primary compressed point are separated from each other by a first distance, in the longitudinal direction of the absorbent body, from 2 to 10 mm; (claim 7) the second longitudinal direction length of the second primary compressed element is from 7 to 20 mm and the second transverse direction width of the second primary compressed element is from 1 to 4 mm; (claim 9) one of the plurality of secondary compressed elements has a second longitudinal direction axis which is aligned in the longitudinal direction with the first longitudinal direction axis of the first primary compressed element and wherein the first primary compressed element is separated, in the longitudinal direction, from the aligned secondary compressed element by a distance of less than 10 mm; and (claim 13) the proportion of the area of the compressed element and compressed points with respect to the area of the absorbent body is less than 15%.
However, it would have been obvious to one of skill before the effective filing date to provide the recited ranges and comparative ranges of dimensions, where JP’070 teaches the same elements for the same functions in the same field of endeavor, including the same overall relative dimensions (as presented above), and since such relative dimensions are known in the art and since finding optimum relative dimensions, depending on intended use, is within the skill of those skilled in the art, where the only difference between the prior art and the claims are a recitation of relative dimensions of the claimed device and a device having the claimed relative dimension would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. MPEP 2144.04(IV)(A).
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, NICHOLAS WEISS, can be reached on 571-270-1775. 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