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 Objections
Claim 13 is objected to because of the following informalities: the claim includes markings.
All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of "currently amended," and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims.
The text of all pending claims not being currently amended shall be presented in the claim listing in clean version, i.e., without any markings in the presentation of text. See MPEP 714.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the visual fullness indicator must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-20 are 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.
With reference to claims 1 and 18, the scope of the claims is unclear. In claim 1, line 20 of claim uses the pronoun “it”. In claim 18, line 20 of claim uses the pronoun “its”.
The scope of the claims is unclear because it is not clear what “it” or “its” is being used in reference to.
Correction and/or clarification are required.
Claim 1 recites the limitations "the fullness indicator" in line 16 and “the crotch portion lateral axis” in line 22. There is insufficient antecedent basis for these limitations in the claim.
Claim 3 refers to “it” in line 2.
The scope of the claims is unclear because it is not clear what “it” or “its” is being used in reference to.
Correction and/or clarification are required.
With reference to claims 5-9 and 11-12, the scope of the claims is unclear. Each claim recites either “greater than about” or “less than about”. The terms “greater than” and “less than” invoke an exactitude while the term “about” express an approximation. The scope of the claims is unclear because the intended value is not clearly defined.
Correction and/or clarification is required.
Claim 5 recites the limitation "the Opacity Measurement Method" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the Opacity Measurement Method" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the Opacity Measurement Method" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the wearer facing surface" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the Color Measurement Method" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the Color Measurement Method" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the wearer facing surface" in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the wearer facing surface" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitations “the one or more apertures” in line 1 and "the lateral axis" in line 3. There is insufficient antecedent basis for these limitations in the claim.
Claim 14 recites the limitation "the shape of the one or more apertures" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the group of apertures" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the group of apertures" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the percentage of the wearer facing layer" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the fullness indicator" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 refers to “it” in line 2.
The scope of the claims is unclear because it is not clear what “it” or “its” is being used in reference to.
Correction and/or clarification are required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Long et al. (US 2008/0147031).
With reference to claim 1, Long et al. (hereinafter “Long”) discloses a durable absorbent pant in [0020]. Long also incorporates Van Gompel et al. (US 7,018,369) in [0036].
Van Gompel et al. (hereinafter “Van Gompel”) discloses:
a front waist portion (12) with a front waist edge (18) and left and right front leg opening edges (figure 2);
a rear waist portion (24) with a rear waist edge (46) and left and right rear leg opening edges (figure 2);
a crotch portion (78) joining the front waist portion and the rear waist portion (figure 2) and a crotch gusset (56) bridging the front waist portion and the rear waist portion (figure 2) and comprising a barrier layer, an absorbent layer overlying the barrier layer, and a wearer-facing layer overlying the absorbent layer as set forth in col. 8, lines 44-46.
Van Gompel also discloses left and right hip side portions joining the front waist portion to the rear waist portion and thereby forming a waist opening with a waist opening edge comprising the front waist edge and the rear waist edge, and left and right leg openings (figure 1) wherein, when the pant is in an opened configuration in which the front waist portion and rear waist portion are separated at the hip side portions, the pant has a longitudinal axis (X) and a crotch portion lateral axis (Y), with an intersection thereof, the intersection occurring in the crotch portion as shown in figure 2.
Long discloses a wearer-facing layer comprising a visual fullness indicator (332) in functional association with the absorbent layer [0062-0063] wherein the fullness indicator is configured to visibly change appearance from an initial visual state to a subsequent visual state corresponding, respectively, with absence and presence of a liquid bodily exudate in the absorbent layer or a portion thereof [0063];
wherein the visual fullness indicator is distinct and located such that it has a circumscribing perimeter edge having a point location therealong (figure 3), that is disposed at a distance longitudinally away from the crotch portion lateral axis as shown in figure 1.
The difference between Long and claim 1 is the explicit recitation that the distance is greater than 10% of a length of the absorbent layer.
It would have been obvious to one of ordinary skill in the art at the time of the invention to place the visual fullness indicator at the desired location because Long discloses that the indicator may be located anywhere within the product where contact with liquid can occur as set forth in [0062].
Claims 2-20 are rejected under 35 U.S.C. 103 as being unpatentable over Long et al. (US 2008/0147031) and further in view of Long et al. (US 2022/0304863).
With reference to claim 2, Long teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Long and claim 2 is the explicit recitation that the visual fullness indicator comprises one aperture, or a distinct group of apertures, through the wearer-facing layer.
US 2022/0304863 (hereinafter ‘863) teaches an analogous absorbent article including a visual fullness indicator (16) as disclosed in [0006] that comprises a distinct group of apertures (18) as set forth in [0039] and [0042].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Long with the apertured indicators as taught by ‘863 in order to provide the article with multiple indicators to provide a visual indication of fullness at different states and/or at different locations of the article as set forth by ‘863 in [0008].
With reference to claim 3, Long modified teaches the invention substantially as claimed as set forth in the rejection of claim 2.
The difference between Long modified and claim 3 is the provision that the
Long discloses that the circumscribing perimeter edge has a point location that is disposed at a distance longitudinally away from the crotch portion lateral axis by greater than 20%, of a length of the absorbent layer.
It would have been obvious to one of ordinary skill in the art at the time of the invention to place the circumscribing perimeter edge at the desired location because Long discloses that the indicators may be located anywhere within the product where contact with liquid can occur as set forth in [0062].
With reference to claim 4, Long teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Long and claim 4 is the explicit recitation that the one aperture, or distinct group of apertures, is not centered about the longitudinal axis.
‘863 teaches an analogous absorbent article including a visual fullness indicator (16) as disclosed in [0006] that comprises a distinct group of apertures (18) as set forth in [0039] and [0042] wherein the one aperture, or distinct group of apertures, is not centered about the longitudinal axis as shown in figure 1.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Long with the apertured indicators in locations not centered about the longitudinal axis as taught by ‘863 in order to provide the article with multiple indicators to provide a visual indication of fullness at different states and/or at different locations of the article as set forth by ‘863 in [0008].
Regarding claims 5-7, Long modified teaches the invention substantially as claimed as set forth in the rejection of claim 2.
The difference between Long modified and claims 5-7 is the provision that the pant has a specific ΔL between a L* value of the wearer-facing layer and a L* value of a wearer-facing surface according to a Opacity Measurement Method.
‘863 teaches an analogous absorbent article including an indicator that includes dye that can be activated to change opacity in response to fluid transferred or wicked through the indicator as set forth in [0050].
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the ΔL of the opacity indicator in order to provide an efficient and quick indication of the fill level of the article as taught by ‘863 in [0059].
Regarding claims 8-9 and 11, Long modified teaches the invention substantially as claimed as set forth in the rejection of claims 1-2.
The difference between Long modified and claims 8-9 is the provision that the pant has a ΔE between an initial L*a*b* color value of a wearer-facing layer of the crotch gusset and a subsequent L*a*b* color value of the wearer-facing layer of the crotch gusset according to a Color Measurement Method.
‘863 teaches an analogous absorbent article including an indicator that includes dye that can be activated to change color in response to fluid transferred or wicked through the indicator as set forth in [0048].
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the ΔE of the color indicator in order to provide an efficient and quick indication of the fill level of the article as taught by ‘863 in [0048].
It is further noted that, with respect to claim 8, the recited value may essentially be equal to zero and is therefore not necessarily required to be present.
As to claim 10, see the rejection of claims 8-9 and 11.
Regarding claim 12, see the rejection of claims 5-7.
With reference to claims 13 and 14, Long teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Long and claim 13 is the explicit recitation that the one or more apertures in the wearer-facing layer of the crotch gusset together form a distinct shape that is symmetric about the longitudinal axis, the lateral axis, or both axes.
‘863 teaches an analogous absorbent article including one or more apertures in the wearer-facing layer of the crotch gusset together form a distinct shape in the form of a circle (cl. 14) that is symmetric about the longitudinal axis, the lateral axis, or both axes as shown in figure 1.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Long with the apertured indicators in the desired locations as taught by ‘863 in order to provide the article with multiple indicators to provide a visual indication of fullness at different states and/or at different locations of the article as set forth by ‘863 in [0008].
With reference to claims 15-17, Long teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Long and claim 13 is the explicit recitation that the apertures have specific dimensions.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the dimensions of the apertures as desired since ‘863 teaches that the indicators may be located in any pattern or location as set forth in [0039] and since it has been held that changes in dimension are considered to be within the level of ordinary skill in the art.
One of ordinary skill in the art would also have been motivated to adjust the area and/or percentage of the apertures in order to provide a visual indication of fullness at the desired locations of the article as set suggested by ‘863 in [0008].
With reference to claims 18 and 19, Long discloses a durable absorbent pant in [0020]. Long also incorporates Van Gompel et al. (US 7,018,369) in [0036].
Van Gompel et al. (hereinafter “Van Gompel”) discloses:
a front waist portion (12) with a front waist edge (18) and left and right front leg opening edges (figure 2);
a rear waist portion (24) with a rear waist edge (46) and left and right rear leg opening edges (figure 2);
a crotch portion (78) joining the front waist portion and the rear waist portion (figure 2) and a crotch gusset (56) bridging the front waist portion and the rear waist portion (figure 2) and comprising a barrier layer, an absorbent layer overlying the barrier layer, and a wearer-facing layer overlying the absorbent layer as set forth in col. 8, lines 44-46.
Van Gompel also discloses left and right hip side portions joining the front waist portion to the rear waist portion and thereby forming a waist opening with a waist opening edge comprising the front waist edge and the rear waist edge, and left and right leg openings (figure 1) wherein, when the pant is in an opened configuration in which the front waist portion and rear waist portion are separated at the hip side portions, the pant has a longitudinal axis (X) and a crotch portion lateral axis (Y), with an intersection thereof, the intersection occurring in the crotch portion as shown in figure 2.
Long discloses a wearer-facing layer comprising a visual fullness indicator (332) in functional association with the absorbent layer [0062-0063] wherein the fullness indicator is configured to visibly change appearance from an initial visual state to a subsequent visual state corresponding, respectively, with absence and presence of a liquid bodily exudate in the absorbent layer or a portion thereof as set forth in [0063].
The difference between Long and claims 18 and 19 is the provision that the visual fullness indicator comprises a colorant in the form of hydrochromic ink or coating (cl. 19) adapted to change its appearance upon contact with menstrual fluid.
‘863 teaches an analogous absorbent article including an indicator having a colorant in the form of hydrochromic ink (cl. 19) as set forth in [0031].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the indicators of Long with hydrochromic ink as taught by ‘863 because hydrochromic ink can activate, change color, change opacity, etc., in response to a liquid fluid, such as an aqueous fluid and/or a wound exudate, to provide a visual indication to the caregiver regarding the fluid level within the dressing as taught by ‘863 in [0031].
While ‘863 does not explicitly recite menstrual fluid, it is noted that ‘863 teaches the same material (i.e., hydrochromic ink) which is fully capable of changing appearance upon contact with menstrual fluid.
As to claim 20, Long teaches the invention substantially as claimed as set forth in the rejection of claims 18-19.
Long discloses a visual fullness indicator that has a circumscribing perimeter edge having a point location therealong (figure 3), that is disposed at a distance longitudinally away from the crotch portion lateral axis as shown in figure 1.
The difference between Long and claim 20 is the explicit recitation that the distance is greater than 10% of a length of the absorbent layer.
It would have been obvious to one of ordinary skill in the art at the time of the invention to place the visual fullness indicator at the desired location because Long discloses that the indicator may be located anywhere within the product where contact with liquid can occur as set forth in [0062].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Joseph et al. (US 2015/0265477) discloses an absorbent article with volume indicators.
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