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 § 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 (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 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 person shall be entitled to a patent unless –
(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.
Claims 1-2 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishikawa et al. (US 2003/0040732 A1) (hereinafter referred to as Ishikawa 732).
Regarding claim 1, Ishikawa 732 discloses an underwear-type absorbent article (Figs. 5-7, feat. 1B; ¶0039-0049) comprising: an absorbent body (Figs. 5-7, feat. 3; ¶0026-0030 and 0040-0043) which comprises a liquid-absorbent absorbent core (Figs. 5-7, feat. 20); a belt part (Figs. 5-7, feats. 6 and 8; ¶0023-0024 and 0040) that comprises: a ventral waistline part disposed on one end side in a longitudinal direction of the absorbent body (6); and a dorsal waistline part disposed on another end side in the longitudinal direction (8); and a plurality of crotch elastic strings that is disposed in the absorbent core and extends in the longitudinal direction (Figs. 5-6, feats. 23 and 24; ¶0040-0045), wherein one or more of the crotch elastic strings are disposed in each of three regions in the absorbent core, and the three regions are divided equally in a width direction intersecting the longitudinal direction in the absorbent core (Figs. 5-6, feats. 23 and 24; ¶0041: first elastic strings 23 are positioned in a center zone on either side of longitudinal centerline L1, and second elastic strings 24 are positioned in side zones between the longitudinal centerline L1 and side edges 3b). Regarding claim 2, Ishikawa 732 further discloses that the crotch elastic strings (Figs. 5-6, feats. 23 and 24) are disposed to straddle a center line of the absorbent body (L2; ¶0033), and the center line matches a bifold line of the absorbent body crossing the longitudinal direction and a crotch lower end part of the underwear-type absorbent article in a state where the underwear-type absorbent article is being worn (Figs. 5-6, feat. L2). Regarding claim 16, Ishikawa 732 further discloses that two or more crotch elastic strings (Figs. 5-6, feats. 23 and 24) are disposed in each of two regions divided equally in the width direction of the absorbent core (¶0041: elastic strings 23 and 24 are reflected about longitudinal centerline L1).
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.
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa 732 in view of Ishikawa et al. (US 2003/0023224 A1) (hereinafter referred to as Ishikawa 224).
Regarding claim 3, Ishikawa 732 discloses the article of claim 2, but is silent with respect to the crotch elastic strings are disposed to be biased toward a side of the ventral waistline part or a side of the dorsal waistline part with respect to the center line.
Ishikawa 224 discloses an absorbent article (Figs. 1-4, feat. 1; ¶0021-0031) comprising crotch elastic members (18; ¶0027-0028) which are biased forwards, or ventrally, of the lateral center line (L2) in order form a receiving zone (20) for the wearer’s penis (P; ¶0028-0030). Ishikawa 224 teaches that this advantageously prevents the wearer’s penis from moving and ensures that urine is discharged into the center region of the absorbent core (¶0004-0005 and 0030). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article disclosed by Ishikawa 732 so that the crotch elastic strings are disposed to be biased toward a side of the ventral waistline part or a side of the dorsal waistline part with respect to the center line in order to form a receiving zone for the wearer’s penis which ensures that urine is discharged into the center region of the absorbent core as taught by Ishikawa 224.
Regarding claim 5, Ishikawa 732 discloses the article of claim 1, but does not disclose that the crotch elastic strings are disposed not to overlap any of the ventral waistline part and the dorsal waist part, or disposed to overlap one of the ventral waistline part and the dorsal waistline part and not to overlap another.
As discussed above, Ishikawa 224 discloses an absorbent article (Figs. 1-4, feat. 1; ¶0021-0031) comprising a ventral waistline part (Fig. 2, feat. 5; ¶0023), a crotch part (6), and a dorsal waistline part (7), as well as comprising crotch elastic members (18; ¶0027-0028) which are biased forwards, or ventrally, of the lateral center line (L2) in order form a receiving zone (20) for the wearer’s penis (P; ¶0028-0030). Because the crotch elastic members (Fig. 2, feat. 18) are biased towards the ventral waistline part (Fig. 2, feat. 5), they overlap the ventral waistline part, but not the dorsal waistline part (Fig. 2, feat. 7). Ishikawa 224 teaches that this crotch elastic member positioning and bias advantageously prevents the wearer’s penis from moving and ensures that urine is discharged into the center region of the absorbent core (¶0004-0005 and 0030). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article disclosed by Ishikawa 732 so that the crotch elastic strings are disposed not to overlap any of the ventral waistline part and the dorsal waist part, or disposed to overlap one of the ventral waistline part and the dorsal waistline part and not to overlap another in order to form a receiving zone for the wearer’s penis which ensures that urine is discharged into the center region of the absorbent core as taught by Ishikawa 224.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa 732 in view of Ishikawa 224 and in further view of Mori et al. (US 2004/0133180 A1).
Regarding claim 4, Ishikawa 732 in view of Ishikawa 224 suggests the article of claim 3. As discussed above, Ishikawa 224 teaches crotch elastic members which are biased towards the ventral waistline part. However, Ishikawa 732 in view of Ishikawa 224 is silent with respect to one of the parts among the ventral waistline part and the dorsal waistline part having a relatively low contraction force as claimed.
Mori teaches an absorbent article (Fig. 6, feat. 200; ¶0157-0165) comprising an absorbent body (210; ¶0158), a ventral side (F; ¶0159) with ventral elastic members (221F), and a dorsal side (B; ¶059) with dorsal elastic members (221B). Mori teaches that some of ventral elastic members may be cut to form a centrally located non-elastic zone (200A; ¶0159-0160), which reduces the contraction force to improve the article’s conformity with the body shape of the wearer (¶0164-0165). By modifying the article suggested by Ishikawa 732 in view of Ishikawa 224 so that the ventral waistline part includes a non-elastic zone as taught by Mori, the crotch elastic strings would be biased towards a part with relatively lower contraction force, and the article would conform to the body shape of the wearer better as taught by Mori. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article suggested by Ishikawa 732 in view of Ishikawa 224 so that the ventral waistline part has a non-elastic zone, resulting in the crotch elastic strings being disposed to be biased toward a part where a contraction force is relatively low among the ventral waistline part and the dorsal waistline part in order to improve the conformance of the article to the body shape of the wearer as taught by Mori.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa 732 in view of Ishikawa 224 and in further view of Shirai et al. (US 2017/0105886 A1).
Regarding claim 6, Ishikawa 732 in view of Ishikawa 224 suggests the absorbent article of claim 5, but does not disclose a central part of the absorbent core in the longitudinal direction is formed in a constricted shape recessed inward in the width direction, and in a state where the absorbent body is unfolded, an effective length of the crotch elastic strings in the longitudinal direction is shorter than a length of the central part is formed in the constricted shape in the longitudinal direction.
Shirai teaches an absorbent article (Figs. 3-4, feat. 1; ¶0018) comprising an absorbent crotch member (Figs. 1-4, feat. 4) with an absorbent core (Figs. 1 and 3, feat. 20; ¶0023) and crotch elastic members (25a-c; ¶0026). The absorbent core is hourglass shaped (Figs. 1 and 3, feat. 20; ¶0023), such that it has a constricted central portion (20b), and a portion of the crotch elastic members are shorter than the length of the constricted central portion (25c; ¶0032). Shirai teaches that this helps ensure a tight fit between the absorbent crotch member and the wearer (¶0032). By modifying the article suggested by Ishikawa 732 in view of Ishikawa 224 so that the central part of the absorbent core has a constricted shape and the length of the crotch elastic strings is shorter than the length of the central constricted portion, a tighter fit between absorbent body and the wearer would be achieved as taught by Shirai. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article suggested by Ishikawa 732 in view of Ishikawa 224 so that a central part of the absorbent core in the longitudinal direction is formed in a constricted shape recessed inward in the width direction, and in a state where the absorbent body is unfolded, an effective length of the crotch elastic strings in the longitudinal direction is shorter than a length of the central part is formed in the constricted shape in the longitudinal direction so that a tighter fit between absorbent body and the wearer would be achieved as taught by Shirai.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa 732 in view of Tong (US 2020/0085644 A1).
Regarding claim 7, Ishikawa 732 discloses the absorbent article of claim 1, but is silent with respect to a distance from an outermost crotch elastic string in the width direction among the crotch elastic strings to an end part in the width direction of the absorbent core is shorter than a separation distance between adjacent two of the crotch elastic strings at a center line of the absorbent body, and the center line matches a bifold line of the absorbent body crossing the longitudinal direction and a crotch lower end part of the underwear-type absorbent article in a state where the underwear-type absorbent article is being worn.
Tong teaches an absorbent article (Figs. 1-3A, feat. 20; ¶0030-0032) comprising an absorbent crotch member (38), a ventral waistline part (84), and a dorsal waistline part (86). The absorbent crotch member may have multiple sets of crotch member elastics (Fig. 3A), with the outermost crotch member elastics being outer leg elastics spaced apart from each other (Fig. 3A, feat. L10) such that they are close to the edges of the absorbent crotch member (Fig. 3A, feat. L1; ¶0041-0042). The absorbent crotch member has a uniform width along its length (Fig. 3A, feat. L1), and because the outer leg elastics are spaced so close to the edges of the absorbent crotch member (Fig. 3A, feat. L10), the spacing between the outer leg elastics and the edges is smaller than the spacing between the central pair of adjacent crotch elastics (Fig. 3A). Tong teaches that such spacing of the outer leg elastics relative to the edges of the absorbent crotch member helps to improve the fit of the article even after it has carried load (¶0042). Modifying the article disclosed by Ishikawa 732 so that the outermost crotch elastics (Ishikawa 732: Figs. 5-6, feats. 24), which correspond to the outer leg elastics of Tong, are positioned closer to the edge of the absorbent core than the adjacent pair of central crotch elastics (Ishikawa 732: Figs. 5-6, feats. 23) would help to improve the fit of the article even after it has carried load as taught by Tong. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the articled disclosed by Ishikawa 732 so that a distance from an outermost crotch elastic string in the width direction among the crotch elastic strings to an end part in the width direction of the absorbent core is shorter than a separation distance between adjacent two of the crotch elastic strings at a center line of the absorbent body, and the center line matches a bifold line of the absorbent body crossing the longitudinal direction and a crotch lower end part of the underwear-type absorbent article in a state where the underwear-type absorbent article is being worn in order to help improve the fit of the article even after it has carried load as taught by Tong.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa 732 in view of Shirai et al. (US 2017/0105886 A1).
Regarding claim 8, Ishikawa 732 discloses the article of claim 1, but does not disclose that the absorbent body further comprises a leg circumference elastic string stretchable in the longitudinal direction at both end parts in the width direction of the absorbent body, and that the crotch elastic strings have a higher elastic modulus than the leg circumference elastic string. Ishikawa discloses leg circumference elastic strings located in the sheet forming the ventral and dorsal waistline parts (Figs. 5-7, feat. 17).
As discussed above, Shirai teaches an absorbent article (Figs. 3-4, feat. 1; ¶0018) comprising an absorbent crotch member (Figs. 1-4, feat. 4) with an absorbent core (Figs. 1 and 3, feat. 20; ¶0023) and crotch elastic members comprising outermost crotch side edge elastic members (25a), ventral connection crotch elastic members (25b), and crotch bottom elastic members (25c; ¶0026). Because the crotch side edge members (Figs. 1-4, feat. 25c) are at the outermost portion of the absorbent crotch member, they are adjacent the leg when the article is worn (Fig. 4, feat. 25c) and are therefore leg circumference elastic members. The ventral connection crotch elastic members (Figs. 1-4, feat. 25b), which are disposed inwardly from the leg circumference elastic members (25c), have a higher tensile force than the leg circumference elastic members (¶0026). Because the ventral connection crotch elastic members have a higher tensile force than the leg circumference elastic members, they have a higher stiffness, and therefore a higher elastic modulus. Shirai teaches that this configuration allows for excellent fitting for the wearer (¶0030). Modifying the article of Ishikawa 732 so that the leg circumference elastic strings are in the absorbent body and have a lower elastic modulus than the crotch elastic strings would improve the fit of the article as taught by Shirai. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article disclosed by Ishikawa 732 so that the absorbent body further comprises a leg circumference elastic string stretchable in the longitudinal direction at both end parts in the width direction of the absorbent body, and that the crotch elastic strings have a higher elastic modulus than the leg circumference elastic string in order to provide an excellent fit as taught by Shirai.
Claims 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa 732 in view of Roe et al. (US 2006/0212010 A1).
Regarding claims 9-15, Ishikawa 732 discloses the article according to claim 1, but is silent with respect to a pull-up indicating a pull-up point as claimed.
Roe teaches absorbent articles (Figs. 6-11, feat. 10; ¶0049-0067) comprising an absorbent body (12; ¶0051-0053) with an absorbent core (54; ¶0053-0059), a ventral waistline part (38, 41, 70, 72; ¶0051-0052 and 0066-0067), and a dorsal waistline part (40, 41, 74, and 76; ¶0051-0052 and 0066-0067). The absorbent body (Fig. 6, feat. 12) overlaps the waistline parts at the ventral and dorsal waist features (Fig. 6, feat. 41; ¶0051-0052) and at ventral and dorsal side regions (100, 102; ¶0073-0074). Roe teaches that informational images (Fig. 7, feat. 120; ¶0076; Fig. 8, feat. 130; ¶0093; Fig. 9, feat. 132; ¶0094; Fig. 11, feat. 142; ¶0099) may be positioned on at least one of the side regions (Figs. 6-11, feats. 100 and 102) to communicate to the user how to use the article, such as by communicating locations in which to grip the article to pull it into place (¶0074-0075 and 0090-0091). Roe further teaches that the informational image (Fig. 8, feat. 130) may be formed in line with the maximum width and at an end part in the longitudinal direction of the absorbent core (Figs. 6 and 8, feats. 12 and 54). Roe further teaches that the informational image (Fig. 9, feat. 132; ¶0094) may be formed on the panel forming the absorbent body (Fig. 9, feat. 12) and that the image may be a series of images extending over the length of the panel (¶0088 and 0099), which would be from the ventral waistline to the dorsal waistline for the panel forming the absorbent body. Roe further teaches that the informational image may be formed on both the left and right sides of the absorbent body (¶0090) and at both the ventral and dorsal waist regions (¶0093). Roe further teaches that the informational images (Fig. 8, feat. 130) may be aligned with the outer edge of the absorbent body (Fig. 8, feat. 12). In the article disclosed by Ishikawa 732, the outer edge of the absorbent body (Ishikawa 732: Figs. 5-7, feat. 3) are on the outer sides of the crotch elastic strings (Ishikawa 732: Figs. 5-7, feats. 23 and 24) and the crotch elastic strings are evenly distributed across the width of the absorbent body (Ishikawa 732: Figs. 5-6, feats. 23 and 24). Therefore aligning the informational images with the edges of the absorbent body of Ishikawa 732 as taught by Roe would place them on the outer sides of the crotch elastic strings and cause the separation between the informational images to be less than twice the separation of the two outermost crotch elastic strings. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article disclosed by Ishikawa 732 so that a pull-up design indicating a pull-up used for being worn is formed in at least one of a region where the absorbent body and the ventral waistline part overlap each other and a region where the absorbent body and the dorsal waistline part overlap each other, with respect to claim 9, so that the pull-up design is formed on a line in the longitudinal direction of a maximum width part of the absorbent core, with respect to claim 10, so that the pull-up design is formed at an end part in the longitudinal direction of the absorbent core, with respect to claim 11, so that the pull-up design is continuously formed along the longitudinal direction from a region where the absorbent body and the ventral waistline part overlap each other to a region where the absorbent body and the dorsal waistline part overlap each other, with respect to claim 12, so that the pull-up design and another pull-up design are formed apart from each other in the width direction, with respect to claim 13, so that a pair of the pull-up designs is disposed on outer sides of the crotch elastic strings to sandwich the crotch elastic strings in the width direction, with respect to claim 14, and so that a separation distance of the pair of pull-up designs is twice or less a separation distance of two outermost crotch elastic strings in the width direction among the crotch elastic strings, with respect to claim 15, in order to communicate to the user where to grip the article to pull it into place as taught by Roe.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa 732 in view of Morimoto et al. (US 2017/0290721 A1).
Regarding claim 17, Ishikawa 732 discloses an underwear-type absorbent article (Figs. 5-7, feat. 1B; ¶0039-0049) comprising: an absorbent body (Figs. 5-7, feat. 3; ¶0026-0030 and 0040-0043) which comprises a liquid-absorbent absorbent core (Figs. 5-7, feat. 20); a belt part (Figs. 5-7, feats. 6 and 8; ¶0023-0024 and 0040) that comprises: a ventral waistline part disposed on one end side in a longitudinal direction of the absorbent body (6); and a dorsal waistline part disposed on another end side in the longitudinal direction (8); and a plurality of crotch elastic strings that is disposed in the absorbent core and extends in the longitudinal direction (Figs. 5-6, feats. 23 and 24; ¶0040-0045).
Ishikawa 732 is silent with respect to the underwear-type absorbent article has a first size, a dimension of the absorbent body in a stretched state is a same as a dimension of an absorbent body in a stretched state of another underwear-type absorbent article of a second size, a dimension of the belt part when in a stretched state is a same as a dimension of a belt part in a stretched sate of the other underwear-type absorbent article, and at least one of a number of the crotch elastic strings, a contraction force of the crotch elastic strings, and a disposition area of the crotch elastic strings are larger than a number of crotch elastic strings, a contraction force of the crotch elastic strings, and a disposition area of the crotch elastic strings of the other underwear-type absorbent article.
Morimoto teaches an array of absorbent articles (Fig. 3, feat. 1; ¶0044), wherein each absorbent article (Figs. 1-2, feat. 20; ¶0033-0042) comprises an absorbent body (38) with a liquid-absorbent core (62; ¶0034) and a ringlike elastic belt (40; ¶0035) comprising a ventral waistline part (84; ¶0033-0034) and a dorsal waistline part (86; ¶0033-0034). The ventral waistline part and dorsal waistline part each comprise a plurality of elastic strings (96; ¶0037) and a non-elastic or elastic-cut window (25) which may be formed by cutting the elastic strings in a particular region (22; ¶0045-0053). Morimoto teaches that size variations in the array (Fig. 3, feat. 1) may be achieved in a cost effective and manufacturing efficient manner by providing ventral and dorsal waistline parts with the same dimensions (Fig. 3, feat. LW; ¶0044) but by providing differently sized elastic-cut windows (Fig. 3, feats. 251-254; ¶0054-0057), and therefore differently sized non-elastic regions. Morimoto teaches that the size of the elastic-cut window, or non-elastic region, corresponds to the effective length of the elastic strings, and therefore the tensile or contraction force of the elastic strings (¶0045-0046). Therefore, in view of the teachings of Morimoto, by changing the contraction force of the crotch elastic strings in the absorbent core of the article of Ishikawa 732, perhaps by providing elastic-cut windows in the crotch elastic strings similar to those taught by Morimoto, different sizes of absorbent articles could be made without changing the dimensions of the absorbent body or belt part, resulting in the manufacturing of size variations of the absorbent article in a cost-effective and efficient manner, as taught by Morimoto. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the article disclosed by Ishikawa 732 so that the underwear-type absorbent article has a first size, a dimension of the absorbent body in a stretched state is a same as a dimension of an absorbent body in a stretched state of another underwear-type absorbent article of a second size, a dimension of the belt part when in a stretched state is a same as a dimension of a belt part in a stretched sate of the other underwear-type absorbent article, and at least one of a number of the crotch elastic strings, a contraction force of the crotch elastic strings, and a disposition area of the crotch elastic strings are larger than a number of crotch elastic strings, a contraction force of the crotch elastic strings, and a disposition area of the crotch elastic strings of the other underwear-type absorbent article so that size variations of the article may be manufactured in a cost-effective and efficient manner as taught by Morimoto.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 8:30-5:00.
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/ARJUNA P CHATRATHI/Examiner, Art Unit 3781
/SARAH AL HASHIMI/Supervisory Patent Examiner, Art Unit 3781