10DETAILED 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 1-25 are pending and currently under consideration for patentability.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/15/2024 and 09/24/2024 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) 1-6, 9-11, 13-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson (US 20190247238 A1).
Regarding Claim 1, Jackson teaches a layered fluid acquisition/distribution system (claim 1) comprising:
a. a base nonwoven substrate layer that comprises at least one of a carded base nonwoven substrate, spunlace base nonwoven substrate, hydroentangled base nonwoven substrate, or a spunbond base nonwoven substrate (claim 1); and
b. a coform fibrous structure layer comprising a plurality of filaments and a plurality of fibers ( claims 1 and 2);
wherein the plurality of filaments and the plurality of fibers are comingled together (claims 1,2; paragraphs [0048] - [0050]).
Regarding Claim 2, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches wherein the base nonwoven substrate layer exhibits a basis weight of from about 10 gsm to about 60 gsm (paragraph [0046]).
Regarding Claim 3, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches wherein the base nonwoven substrate layer comprises a plurality of fibrous elements (claim 1).
Regarding Claim 4, Jackson teaches a layered fluid acquisition/distribution system according to Claim 3. Jackson further teaches wherein the plurality of fibrous elements of the base nonwoven substrate layer comprise synthetic fibers (paragraph [0051]).
Regarding Claim 5, Jackson teaches a layered fluid acquisition/distribution system according to Claim 4. Jackson further teaches wherein the synthetic fibers comprise regenerated cellulose fibers (paragraph [0024] and [0051]).
Regarding Claim 6, Jackson teaches a layered fluid acquisition/distribution system according to Claim 5. Jackson further teaches wherein the regenerated cellulose fibers are selected from the group consisting of: rayon fibers, viscose fibers, lyocell fibers and mixtures thereof (paragraph [0041]) .
Regarding Claim 9, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches the base nonwoven substrate layer exhibits an air permeability of between about 150 m3/m2/min and about 500 m3/m2/min as measured according to the Air Permeability Test Method (paragraph [0052]).
Regarding Claim 10, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches wherein the base nonwoven substrate layer comprises a carded base nonwoven substrate (Claim 1).
Regarding Claim 11, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches wherein the base nonwoven substrate layer comprises a spunlace base nonwoven substrate (paragraph [0032]).
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Regarding Claim 13, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches wherein the base nonwoven substrate layer comprises a spunbond base nonwoven substrate (paragraph [0032]). .
Regarding Claim 14, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches wherein the plurality of fibers of the coform fibrous structure comprises a plurality of pulp fibers (paragraph [0050]).
Regarding Claim 15, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches wherein the plurality of fibers of the coform fibrous structure comprises a plurality of synthetic fibers (paragraph [0051]).
Regarding Claim 16, Jackson teaches a layered fluid acquisition/distribution system according to Claim 15. Jackson further teaches wherein the plurality of synthetic fibers of the coform fibrous structure comprises a plurality of regenerated cellulose fibers (paragraph [0024]).
Regarding Claim 17, Jackson teaches a layered fluid acquisition/distribution system according to Claim 16. Jackson further teaches wherein the regenerated cellulose fibers are selected from the group consisting of: rayon fibers, viscose fibers, lyocell fibers and mixtures thereof (paragraph [0041]).
Regarding Claim 18, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson further teaches wherein at least a portion of the plurality of fibers at least partially penetrate into the base nonwoven substrate (paragraph [0023]).
Regarding Claim 19, Jackson teaches an absorbent article comprising:
a. a topsheet (cover sheet, paragraph [0002]);
b. a layered fluid acquisition/distribution system according to Claim 1.
Regarding Claim 20, Jackson teaches a layered fluid acquisition/distribution system according to Claim 19. Jackson further teaches wherein the absorbent article further comprises a backsheet (paragraph [0002]).
Regarding Claim 21, Jackson teaches a layered fluid acquisition/distribution system according to Claim 20. Jackson further teaches wherein the layered fluid acquisition/distribution system is positioned between the topsheet and the backsheet (paragraph [0054]).
Regarding Claim 22, Jackson teaches a layered fluid acquisition/distribution system according to Claim 19. Jackson further teaches wherein the layered fluid acquisition/distribution system further comprises a fluid storage system (absorbent layer) (paragraph [0054]).
Regarding Claim 23, Jackson teaches a layered fluid acquisition/distribution system according to Claim 22. Jackson further teaches wherein the layered fluid acquisition/distribution system is positioned between the topsheet and the fluid storage system(absorbent layer) (paragraph [0054]).
Regarding Claim 24, Jackson teaches a layered fluid acquisition/distribution system according to Claim 22. Jackson further teaches wherein the topsheet, the layered fluid acquisition/distribution system, and fluid storage system are arranged within the absorbent article such that a capillarity cascade is created such that fluid moves from the topsheet to the layered acquisition/distribution system to the fluid storage system (paragraph [0041-0042]).
Regarding Claim 25, Jackson teaches a process for making a layered fluid acquisition/distribution system (claim 1) comprising the steps of:
a) providing a base nonwoven substrate having a surface [0055], wherein the base nonwoven substrate comprises at least one of a carded base nonwoven substrate, spunlace base nonwoven substrate, hydroentangled base nonwoven substrate, or a spunbond base nonwoven substrate [0025] ;
b) spinning a plurality of filaments from a die [0025] ;
c) forming a coform mixture by mixing a plurality of fibers with the plurality of filaments, wherein the filaments and fibers are commingled together forming a mixture of filaments and fibers ([0048-0049]);
d) collecting the coform mixture on a surface of the base nonwoven substrate such that a coform fibrous structure is formed on the surface of the base nonwoven substrate (paragraph [0049-0050]).
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) 7 -8is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 20190247238 A1).
Regarding Claim 7, Jackson teaches a layered fluid acquisition/distribution system according to Claim 7. Jackson fails to teach wherein the plurality of fibrous elements of the base nonwoven substrate layer exhibit an average diameter of from about 10 µm to about 50 µm as measured according to the Average Diameter Test Method. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the plurality of fibrous elements of the base nonwoven substrate layer exhibit an average diameter of from about 10 µm to about 50 µm as measured according to the Average Diameter Test Method in order to fit the particular procedure being done since this claimed dimension of the diameter is non-critical. Since applicant has not given any criticality to why the dimension disclosed has any importance to the function of the claimed device (see page 5, lines 6-20 of applicants specification), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777.
Regarding Claim 8, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson fails to teach wherein the base nonwoven substrate layer exhibits a caliper of from about 0.2 mm to about 1 mm as measured according to the Caliper Test Method. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention so the base nonwoven substrate layer exhibits a caliper of from about 0.2 mm to about 1 mm as measured according to the Caliper Test Method. in order to fit the particular procedure being done since this claimed dimension of the diameter is non-critical. Since applicant has not given any criticality to why the dimension disclosed has any importance to the function of the claimed device (see page 5, lines 6-20 of applicants specification), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 20190247238 A1) in view of Kulkarni (US 20170145610 A1).
Regarding Claim 12, Jackson teaches a layered fluid acquisition/distribution system according to Claim 1. Jackson fails to teach wherein the base nonwoven substrate layer comprises a hydroentangled base nonwoven substrate. Kulkarni teaches where a textile substrate is hydroentangled to form a pre-treated textile substrate (paragraph [0124]). 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 base nonwoven substrate layer of Jackson so it comprises a hydroentangled base nonwoven substrate, similar to Kulkarni so that the fabric is tangled in a permanent fashion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20190192354 A1, US 20180221215 A1, and US 20080221538 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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/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781