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 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.
Claim 15 is 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 15 recites the broad recitation “a free edge capable of standing upwards away from the topsheet,” and the claim also recites “wherein each free edge preferably comprises an elastic member which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. It is unclear whether the free-standing edges require an elastic member.
Allowable Subject Matter
Claims 1-14 are allowed.
Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The instant claims are drawn to an absorbent article comprising a liquid permeable topsheet, a liquid impermeable backsheet, an absorbent core, and a stabilization element, wherein the stabilization element and absorbent core are at least partially superposed and disposed between the topsheet and backsheet. Specifically, the stabilization element and the absorbent core are superposed at least at a point C disposed at a distance of about 40 mm from the transversal centerline towards the front of the article and transversally aligned on the absorbent material layer, and wherein the stabilization element has a width (W2) of 50 mm or less as measured at the point C according to the Width And Caliper Measurement Method described in the instant specification.
The closest prior art is Payne (US 5,716,703), which teaches an absorbent article comprising a topsheet 12, a backsheet 14, an absorbent core 18, and a distribution member 16 that is superposed with the absorbent core in the center of the article (Figure 1). Specifically, the distribution member is approximately 3 inches wide by 10 inches long (Column 5, Line 58 through Column 6, Line 6), such that it configured to distribute fluid over the absorbent core. Therefore, even if Payne’s distribution member can be interpreted as a stabilization element, one of ordinary skill in the art would not have been motivated to modify the distribution member to have a width of 50cm or less at the specified center point, because doing so would have rendered the distribution member unsuitable for its intended purpose of distributing fluid even over the absorbent core.
Van Malderen et al. (US 2021/0161731) also teaches an absorbent article comprising a topsheet, a backsheet, an absorbent core (300-330), and a spacer element 400. The spacer element 400 may be between 1-20 mm, which is within the claimed range. However, Van Malderen’s spacer is disposed next to and between sections of the absorbent core (Figures 2A, 3A, and 3B), and therefore is not superposed with the absorbent core. It is unclear why one of ordinary skill in the art would have modified Van Malderen’s absorbent article to have the spacer element(s) superposed with the absorbent core, as doing so would fundamentally change the functionality of the device.
Finally, it is unclear why one of ordinary skill in the art prior to the effective filing date of the instant application would have combined the devices of Payne and Van Malderen to arrive at the claimed invention, because Payne’s distribution element and Van Malderen’s spacer are distinct elements that perform distinct functions.
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.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Philip R Wiest whose telephone number is (571)272-3235. The examiner can normally be reached M-F 9-6 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP R WIEST/Primary Examiner, Art Unit 3781