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 Claims
Claims 1-8 are pending and examined on the merits.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6-10 of U.S. Patent No. 11,944,523. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-8 of the instant application are anticipated by claims 1-4 and 6-10 of U.S. Patent No. 11,944,523.
Claims 1-4 and 6-10 of U.S. Patent No. 11,944,523 recite all of the limitations of the current claims 1-8, respectively, including a package of absorbent articles, each article comprising a front waist region, a back waist region, a crotch region, a chassis, a back belt, a front belt, a first and second plurality of elastics, an Average-Dtex and a Donning-Ratio. Claim 1 of U.S. Patent No. 11,944,523 recites more limitations than claim 1 of the instant application, specifically directed to the Average-Stand-Spacing and the division of the back belt and the front belt into 4 equal sections.
The limitations of claim 1 of the instant application can be found in claims 1 and 6 of U.S. Patent No. 11,944,523.
The limitations of claim 2 of the instant application can be found in claim 2 of U.S. Patent No. 11,944,523.
The limitations of claim 3 of the instant application can be found in claim 3 of U.S. Patent No. 11,944,523.
The limitations of claim 4 of the instant application can be found in claim 4 of U.S. Patent No. 11,944,523.
The limitations of claim 5 of the instant application can be found in claim 7 of U.S. Patent No. 11,944,523.
The limitations of claim 6 of the instant application can be found in claim 8 of U.S. Patent No. 11,944,523.
The limitations of claim 7 of the instant application can be found in claim 9 of U.S. Patent No. 11,944,523.
The limitations of claim 8 of the instant application can be found in claim 10 of U.S. Patent No. 11,944,523.
Allowable Subject Matter
Claims 1-18 contain allowable subject matter. Note the nonstatutory double patenting rejection of claims 1-8,
The following is a statement of reasons for the indication of allowable subject matter:
No prior art is found to disclose or render obvious the invention recited in claims 1-8.
Ashton et al. (US 6,478,785) discloses an absorbent article having an elastomeric waist band and elastomeric side panels that exert a pressure onto the skin, which is understood to be the Pressure-Under-Strand for the individual article, at 0.1 to 0.75psi. Ashton fails to disclose that the article is formed with front and back waist panels or that there are greater than 40 elastics in the waist panels. Ashton also does not mention that the article has a Donning-Ratio.
Seitz et al. (US 2015/0320620) discloses an array of absorbent articles, each article having front and back belts joined at the lateral opening. Seitz also does not disclose the number of elastics in each of the belt sections or how tightly the elastics cinch around the waist (i.e., Pressure-Under-Strand of the elastics). Seitz also fails to disclose a Donning-Ratio.
Saito (US 2009/0177176) discloses a disposable diaper cover having more than 40 elastics or 60 elastics in the front belt (based on a disclosed spacing of 2mm between elastics and a longitudinal dimension of the front belt being 80-220mm ([0072] and Fig. 1). Saito does not disclose the other parameters recited in the current claims.
Maki et al. (US 2018/0333311) discloses an absorbent article that comprises elastic front and back waist panels (Fig. 2) each formed from an elastic laminate that has a plurality of elastic strands disposed laterally, the strands being sandwiched between two substrate layer (Fig. 5). Maki fails to disclose the number of elastics in the waist panels or Pressure-Under-Strand of the strands. Maki also does not mention that the article has a Donning-Ratio.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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/MICHELE KIDWELL/ Primary Examiner, Art Unit 3781