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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the originally filed specification lacks antecedent basis for “an edge sealing structure” as now required by independent claim 18.
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 edge sealing structure 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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 18-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 18 has been amended to recite that the pant includes an edge sealing structure. This term is not supported by the originally filed specification. A structure is a broad term that encompasses any number of distinct parts making up an object. The originally filed specification does not support such an interpretation.
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 and that the visual fullness indicator comprises a specific pattern.
Initially, 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].
With respect to a specific pattern, It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the pant with the desired pattern because Long, through the incorporation of Huntoon et al. (US 4,834,733) in [0067], discloses that the visual fullness indicator may include markings in a variety of patterns as discussed in col. 8, line 61 to col. 9, line 12 of Huntoon et al.
Claims 2-17 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 a wearer- facing surface of the absorbent layer is visible through the one aperture or distinct group of apertures.
‘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].
‘863 also teaches that the upper surface of the indicators are not substantially flush or co-planar with upper surface such that the layers can still be visible in a top down view of the dressing as set forth in [0053]. Since the indicators may be present in multiple layers, one of ordinary skill in the art would be motivated by the teachings of ‘863 to provide the indicators in a manner to make any and all layers visible as desired.
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 an 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].
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Long et al. (US 2008/0147031) in view of Long et al. (US 2022/0304863) and further in view of Zhou et al. (US 2011/0152806).
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].
Long also discloses that the waist portions include a woven material as set forth in [0021] where Long discloses that the bodyside liner is coextensive with the outer cover and in [0029] where Long discloses that the bodyside liner includes woven materials.
Long also provides an absorbent having two or more distinct layers as set forth in [0032-0033] and also provides the article with an edge sealing structure as set forth in [0037] through the disclosure of the elements being integrally formed and/or the disclosure of the outer cover being connected to the bodyside liner utilizing bonds.
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 and that at least one of the distinct sublayers is elastically extensible.
‘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.
With respect to the elastically extensible sublayer, Zhou et al. (hereinafter “Zhou”) teaches an analogous absorbent article including an elastically extensible absorbent layer as set forth in [0062].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the desired sublayers of Long modified with elastic extensibility as taught by Zhou in order to control the overall stretch properties of the product as discussed by Zhou in [0062].
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].
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed June 25, 2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a garment made predominantly of knitted and/or woven fabric and capable of being laundered or hand-washed and dried for reuse/re-wear a plurality of times without substantial loss of shape, structural integrity, absorbent function, or other useful mechanical attributes) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
With respect to claim 2, applicant’s argument is not persuasive as the disclosure of an aperture is a structure that provides a complete opening within the layer, including any wearer facing surface, in which it is present. See, for example, figure 1 of ‘863.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELE KIDWELL/ Primary Examiner, Art Unit 3781
Prosecution Insights