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 1-20 are pending and currently under consideration for patentability.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/17/2024, 10/04/2024, 04/22/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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.
Claim(s) 1-11 and 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maldonado (US 20170360983 A1).
Regarding Claim 1, Maldonado teaches a breathable film (backsheet, 26), comprising: a vapor-permeable and liquid impermeable (VPLI) film (paragraph [0057]) comprising a microporous film comprising a plurality of micropores (paragraph [0006]), wherein the microporous film includes (a) a first outermost surface (paragraph [0064]), (b) a second outermost surface(paragraph [0064]), (c) a thickness extending between the first outermost surface and the second outermost surface(paragraph [0064]), and (d) at least one odorous compound sequestering agent (OCSA) dispersed throughout the thickness of the film (paragraph [0064]), wherein the at least one OCSA comprises (iii) one or more zeolites (paragraph [0073]).
Regarding Claim 2, claim 1 from which claim 2 depends does not explicitly require one or more salts of ricinoleic acid. Thus, such limitations of claim 2 wherein the one or more salts of ricinoleic acid comprises a transition metal and/or a post-transition metal, is disclosed by Maldonado as Maldonado discloses the at least one odorous compound sequestering agent as discussed above in claim 1.
Regarding Claim 3, claim 1 from which claim 3 depends does not explicitly require one or more salts of ricinoleic acid. Thus, such limitations of claim 3 wherein the one or more salts of ricinoleic acid comprises zinc ricinoleate, is disclosed by Maldonado as Maldonado discloses the at least one odorous compound sequestering agent as discussed above in claim 1.
Regarding Claim 4, claim 1 from which claim 4 depends does not explicitly require one or more salts of ricinoleic acid. Thus, such limitations of claim 4 wherein the one or more salts of ricinoleic acid comprises from about 0.0001 wt. % to about 40 wt. % of the microporous film, is disclosed by Maldonado as Maldonado discloses the at least one odorous compound sequestering agent as discussed above in claim 1.
Regarding Claim 5, Maldonado teaches a breathable film of claim 1. Maldonado further teaches wherein the microporous film comprises a single-layer film (paragraph [0060]).
Regarding Claim 6, Maldonado teaches a breathable film of claim 1. Maldonado further teaches wherein the microporous film comprises a multi-layer film (paragraph [0060]) comprising from 2 to about 10 individual microporous film layers bonded together (paragraph [0093: a minimum of 2 layers film is best for absorbing odor])(figure 5) (paragraph [0066].
Regarding Claim 7, Maldonado teaches a breathable film of claim 1. Maldonado further teaches wherein the thickness of the microporous film comprises from about 10 to about 500 microns (paragraph [0059]).
Regarding Claim 8, Maldonado teaches a breathable film of claim 1. Maldonado further teaches wherein the microporous film comprises a polymer component and an additive component, wherein the additive component comprises (i) one or more zeolites (paragraph [0073]) and (ii) a pore- forming filler material comprising a plurality of filler-particles (paragraph [0064]).
Regarding Claim 9, Maldonado teaches a breathable film of claim 1. Maldonado further teaches wherein the polymer component of the microporous film comprises a polyolefin, such as a polyethylene or copolymer thereof or a polypropylene or a copolymer thereof or a blend of a first polyolefin and a second polyolefin (paragraph [0061]).
Regarding Claim 10, claim 1 from which claim 10 depends does not explicitly require one or more cucurbituril compounds. Thus, such limitations of claim 10 wherein one or more cucurbituril compounds are present in an uncomplexed form, is disclosed by Maldonado as Maldonado discloses the at least one odorous compound sequestering agent as discussed above in claim 1.
Regarding Claim 11, claim 1 from which claim 11 depends does not explicitly require one or more cucurbituril compounds. Thus, such limitations of claim 11 wherein one or more cucurbituril compounds are selected from CB[5], CB[6], CB[7], CB[8], or any mixture thereof, is disclosed by Maldonado as Maldonado discloses the at least one odorous compound sequestering agent as discussed above in claim 1.
Regarding Claim 14, Maldonado teaches a method of forming a breathable film (paragraph [0064]), comprising:
(i) forming a polymer melt (paragraph [0057]);
(ii) adding a pore-forming filler material to the polymer melt (paragraph [0057]);
(iii) adding a dry masterbatch to the polymer melt (paragraph [0064]), wherein the dry masterbatch comprises at least one odorous compound sequestering agent (paragraph [0064]) (OCSA) comprising one or more zeolites (paragraph [0073]).
(iv) admixing the pore-forming filler material and the dry masterbatch into the polymer melt (paragraph [0064]);
(v) melt extruding the polymer melt including the pore-forming filler material and at least one OCSA to form an intermediate film (paragraph [0064]);
(vi) incrementally stretching the intermediate film in a machine-direction and/or a cross- direction to form the breathable film (paragraph [0064]).
Regarding Claim 15, Maldonado teaches the method of forming a breathable film of claim 14. Maldonado further teaches wherein the dry masterbatch includes a polymer matrix component and the at least one OCSA is dispersed throughout the polymer matrix (paragraph [0064]).
Regarding Claim 16, Maldonado teaches the method of forming a breathable film of claim 15. Maldonado further teaches wherein the polymer matrix comprises a matrix polymer corresponding to a polymer component of the polymer melt (paragraph [0057]).
Regarding Claim 17, Maldonado teaches an absorbent article, comprising: (i) a liquid permeable topsheet (LPTS) (liquid permeable topsheet 24); (ii) a backsheet comprising a breathable film (backsheet, 26) according to claim 1; (iii) an absorbent core (absorbent core 28), wherein the absorbent core is located directly or indirectly between the LPTS and the backsheet (paragraph [0034]).
Regarding Claim 18, Maldonado teaches the absorbent article of claim 17. Maldonado further comprising an acquisition distribution layer (ADL) located directly or indirectly between the LPTS and the absorbent core (paragraph [0034]).
Regarding Claim 19, Maldonado teaches a method of making an absorbent article, comprising:
(i) providing or forming a liquid permeable topsheet (LPTS) (liquid permeable topsheet 24);
(ii) providing or forming a backsheet (backsheet, 26) comprising a breathable film according to claim 1;
(iii) providing or forming an absorbent core (absorbent core 28), wherein the absorbent core is located directly or indirectly between the LPTS and the backsheet (paragraph [0034]); and
(iv) bonding the backsheet directly or indirectly to the absorbent core (paragraph [0034]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maldonado (US 20170360983 A1) in view of Colegrove (US 20230248585 A1).
Regarding Claim 12, Maldonado teaches a breathable film of claim 1. Maldonado fails to explicitly teach wherein the microporous film has a MVTR from 200 to 20,000 g/m2/24 hours as determined according to WSP 70.4(08). In the same field of endeavor, namely absorbent articles, Colegrove teaches wherein the microporous film has a MVTR from 200 to 20,000 g/m2/24 hours (paragraphs[0063-0064]) as determined according to WSP 70.4(08) (paragraph [0081]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the film of Maldonado to have a has a MVTR from 200 to 20,000 g/m2/24 hours as determined according to WSP 70.4(08), similar to Colegrove, to ensure the system is working correctly.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maldonado (US 20170360983 A1) in view of Chen (CN 112807475 A).
Regarding Claim 13, Maldonado teaches a breathable film of claim 1. Maldonado fails to teach a coating adjacent the first outermost surface, the second outermost surface, or both;
wherein the coating comprising at least one OCSA comprising one or more salts of ricinoleic acid dispersed throughout the coating and/or one or more halo active aromatic sulfonamide compounds dispersed throughout the coating and/or one or more cucurbituril compounds dispersed throughout the coating. In the same field of endeavor, Chen teaches a wound dressing a coating adjacent the first outermost surface, the second outermost surface wherein the coating comprising at least one OCSA comprising or one or more cucurbituril compounds dispersed throughout the coating (page 6, paragraph 1). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the film of Maldonado so the wound dressing would have a coating comprising cucurbituril compounds dispersed throughout the coating, similar to Chen, so improve the viscosity of the agent (as motivated by Chen, page 6, paragraph 1).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maldonado (US 20170360983 A1).
Regarding Claim 20, Maldonado teaches the method of making an absorbent article claim 19. Maldonado further comprising wherein the step of directly or indirectly bonding the backsheet to the absorbent core comprises directly bonding the backsheet to the absorbent core via the formation of one or more bonds between the backsheet to the absorbent core (paragraph [0067]).
Maldonado fails to teach specifically that the bonds between the backsheet and absorbent core are thermal bonds via melt- extruding a precursor film directly onto the absorbent core either before or after incrementally stretching the precursor film to form a microporous film, or via melt-extruding the film directly onto the absorbent core. However does teach that a seal may be created between the front and back side via thermal bond (paragraph [0040]) and that hot-melt adhesives may be used (paragraph [0049]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method Maldonado to include thermal bonding, since that method of bonding is disclosed, and the disclosure mentions that alternative types of bonding and adhesives may be used.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20170368532-A1, US-20080249490-A1, US-20050145711-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached on (571)-270-5879. The fax phone number for the organization where this application or proceeding is assigned is (571)-270-5879.
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/KATE ELIZABETH STRACHAN/Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781