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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-10, 12-15, and 17-20 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant has amended independent claims 1, 12, and 18 to recite the ADS comprises a first layer comprising nonwoven and a second layer. Claims 1 and 18 have been amended to recite the second layer is disposed between the topsheet and the first layer, and wherein the second layer is free of apertures. Claim 12 has been amended to recite the second layer comprises thermoplastic fibers and is free of apertures. Claims 11 and 16 are cancelled.
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.
Claims 1, 5-10, 12, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Viens et al. US Patent Application Publication 2020/0306099 in view of Mullane et al. USPN 4324246.
As to claim 1, Viens teaches an absorbent article 10 comprising a topsheet 20, a backsheet 50, an absorbent core 40 disposed between the topsheet 20 and the backsheet 50, and an acquisition-distribution system ("ADS") (fluid management layer) 30 disposed between the topsheet 20 and the absorbent core 40 (Viens Figs. 1A, 1B; para. 0034).
Viens teaches the fluid management layer 30 is an integrated, carded, nonwoven material. Viens teaches the fluid management layer 30 comprises carded nonwoven webs 214, 224, and 234 (Viens para. 0038). Viens teaches the carded nonwoven 214 is first deposited on the carrier belt 240, the second nonwoven 224 is deposited on the nonwoven 214, and the third nonwoven 234 is deposited on the nonwoven 224 (Viens para. 0038). The ADS comprising a first layer 214 comprising nonwoven, and a second layer wherein the first layer 214 comprises a first stratum facing towards the topsheet 20 (para. 0039) and comprising first absorbing fibers (Viens paras. 0045,0054), a second stratum 224 facing towards the backsheet 40 and comprising second absorbing fibers (Viens para. 0040).
Viens does not specifically teach a percentage of the second absorbing fibers in the second stratum 224 is at least about 15% higher than a percentage of the first absorbing fibers in the first stratum 214, as measured according to the Fiber Number Test. However, Viens does teach the first stratum 214 may comprise from about 10% to about 50%, from about 12% to about 40%, or from about 15% to about 25% by weight of absorbing fibers (Viens para. 0054). Viens also teaches the second stratum 224 may be constructed similar to the first stratum 214 or at least within the ranges specified for the first stratum (para. 0057). Viens teaches however, as the second stratum 224 is disposed more distal from the topsheet 20 than the first stratum 214, void volume could be adjusted slightly downward, so smaller diameter fibers may be utilized in the second stratum 224 (para. 0057). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to have a greater percentage of smaller diameter fibers in the second stratum to adjust the void volume.
Viens does not specifically teach the fluid management layer has a plurality of apertures defined in the first layer (Viens 214). Mullane teaches an absorbent article having a formed film topsheet 12 and an intermediate layer (secondary topsheet) 40 (Mullane Figs. 3 and 5). Mullane teaches the intermediate layer 40 is interposed between the apertured formed film topsheet 12 which has a layer 36 of fibers 38 affixed to the undersurface 34 and the absorbent core 16 (col. 11, lines 17-20). Mullane further teaches the intermediate layer 40 has a plurality of tapered capillaries 42, each of which has a base opening 44 and an apex opening 46 (Fig. 5; col. 11, lines 32-40). Mullane teaches the intermediate layer 40 interposed between the formed film topsheet 12 and the absorbent core 16 exhibits improved rewet characteristics. Thus, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide a plurality of apertures in the first layer to improve fluid flow and improve rewet as taught in Mullane.
Viens does not teach a second layer disposed between the topsheet and the first layer, and wherein the second layer is free of apertures. Mullane teaches a second layer 36 of fibers 38 which are evenly dispersed over and affixed to the inner surface 34 of the topsheet (Mullane col. 9, lines 1-5). Mullane teaches topsheets which are provided with a layer 36 of fibers 38 exhibit improved strikethrough characteristics. Mullane teaches strikethrough is a measure of the time taken for liquid to penetrate through the topsheet, which is beneficial as rapid liquid penetration of the topsheet is important to reduce the possibility of liquid running across the surface of the topsheet and leaking past the sides of the pad before being absorbed by the absorbent core (Mullane col. 9, lines 45-54). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Viens with the second layer 36 of Mullane for the benefits Mullane teaches. Mullane does not teach the second layer 36 is apertured.
As to claim 5, Viens/Mullane teach the present invention substantially as claimed. Viens/Mullane do not teach the dimensions of the apertures or the number of apertures per length/area. Mullane teaches the apertures 42, in the intermediate layer 40 (Fig. 5) have a base opening dimension of from about 0.006 to about 0.250 inches (152.4 to about 6350 microns) and an apex opening of from about 0.004 to about 0.100 inches (101.6 to about 2540 microns) (Mullane col. 11, lines 50-57). Mullane does teach having the intermediate layer interposed between the formed film topsheet, having a layer 36 of fibers 38 affixed to the inner surface (of the topsheet), and the absorbent core exhibits improved rewet characteristics. Mullane teaches the rewet value is a measure of the amount of liquid which flows from the absorbent core to the outer surface of the topsheet. Mullane further teaches large quantities of liquid on the outer surface of the topsheet are undesirable because they lead to the discomfort of the wearer (Mullane col. 11, lines 58-68). It would have been obvious to one of ordinary skill in the art before the invention was originally filed to provide the claimed aperture length, since absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention and are therefore, prima facie obvious.
As to claim 6, Viens/Mullane teaches the multiplicity of tapered capillaries 42 is provided in a manner, size, configuration, and orientation as set forth in USPN 3929135 to Thompson, which is incorporated by reference (Mullane col. 11, lines 44-48). Thompson teaches each droplet of fluid in contact with a topsheet must be in contact with the base diameter of a tapered capillary. This can best be achieved if the land area (the area of the topsheet that exists between the bases of the tapered capillaries) is maintained at a minimum. Thompson teaches a preferred arrangement is where the tapered capillaries are in ordered arrangement with from about 30 to about 1500 tapered capillaries per square inch of the topsheet (5 to 231 per cm2) (Thompson col. 5, lines 29-50), which has values in the claimed range.
As to claim 7, Viens/Mullane teach where all cards have the same fiber blend, the nonwoven is termed homogeneous (Viens para. 0039). Viens further teaches if the carded web 214 and the second carded web 224 comprise the same fiber blend, then the fluid management layers may be processed via two cards instead of three (Viens paras. 0039-0040), which suggests an embodiment where the first and second carded webs (stratums) have the same fiber blend.
As to claim 8, Viens/Mullane teach the first absorbing fibers and the second absorbing fibers are different fibers – where Viens teaches one of the carded webs may comprise a different fiber blend than the others (Viens para. 0039).
As to claim 9, Viens/Mullane teach at least one of the first stratum 214 and the second stratum 224 comprises synthetic fibers – where Viens teaches the fluid management layer may comprise absorbent fibers, stiffening fiber, and resilient fibers (Viens para. 0045). Viens teaches any suitable stiffening fiber may be utilized including bi-component fibers comprising polyethylene and polyethylene terephthalate (paras. 0068 and 0073).
As to claim 10, Viens/Mullane teach the synthetic fibers have a linear density in the range from about 0.3 dtex to about 15 dtex – where Viens teaches the stiffening fibers can have a linear density of about 4 dtex to about 10 dtex, (para. 0073), which has values in the claimed range.
As to claim 12, Viens teaches an acquisition-distribution system ("ADS") (fluid management layer) 30 (Viens Figs. 1A, 1B; para. 0034).
Viens teaches the fluid management layer 30 comprises a first stratum 214 facing towards the topsheet 20 (para. 0039) and comprising first absorbing fibers and synthetic fibers (Viens paras. 0045, 0054, 0068, 0073), and a second stratum 224 comprising second absorbing fibers and synthetic fibers (Viens paras. 0045, 0054, 0068, 0073).
Viens does not specifically teach the fluid management layer has a plurality of apertures. Mullane teaches an absorbent article having a formed film topsheet 12 and an intermediate layer (secondary topsheet) 40 (Mullane Figs. 3 and 5). Mullane teaches the intermediate layer 40 is interposed between the apertured formed film topsheet 12 which has a layer 36 of fibers 38 affixed to the undersurface 34 and the absorbent core 16 (col. 11, lines 17-20). Mullane further teaches the intermediate layer 40 has a plurality of tapered capillaries 42, each of which has a base opening 44 and an apex opening 46 (Fig. 5; col. 11, lines 32-40). Mullane teaches the intermediate layer 40 interposed between the formed film topsheet 12 and the absorbent core 16 exhibits improved rewet characteristics. Thus, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide a plurality of apertures in the first layer to improve fluid flow and improve rewet as taught in Mullane.
Viens/Mullane does not specifically teach a percentage of the second absorbing fibers in the second stratum 234 is at least about 15% higher than a percentage of the first absorbing fibers in the first stratum 214, as measured according to the Fiber Number Test. However, Viens does teach the first stratum 214 may comprise from about 10% to about 50%, from about 12% to about 40%, or from about 15% to about 25% by weight of absorbing fibers (Viens para. 0054). Viens also teaches the second stratum 224 may be constructed similar to the first stratum 214 or at least within the ranges specified for the first stratum (para. 0057). Viens teaches however, as the second stratum 224 is disposed more distal from the topsheet 20 than the first stratum 214, void volume could be adjusted slightly downward, so smaller diameter fibers may be utilized in the second stratum 224 (para. 0057). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to have a greater percentage of smaller diameter fibers in the second stratum to adjust the void volume.
The method for determining the fiber number does not impart patentable weight. The property is attributed to the material and structure, not the testing method. In this case, the fibers comprise the same materials and have a dtex in the claimed range as discussed in claim 10 above. Thus, apart from how it is tested, the first and second stratums have a range of values that meet the claim limitation of the second stratum having a higher percentage of absorbent fibers as compared to the first stratum.
Viens/Mullane teaches a second layer 36 of fibers 38 which are evenly dispersed over and affixed to the inner surface 34 of the topsheet (Mullane col. 9, lines 1-5). Mullane teaches topsheets which are provided with a layer 36 of fibers 38 exhibit improved strikethrough characteristics. Mullane teaches strikethrough is a measure of the time taken for liquid to penetrate through the topsheet, which is beneficial as rapid liquid penetration of the topsheet is important to reduce the possibility of liquid running across the surface of the topsheet and leaking past the sides of the pad before being absorbed by the absorbent core (Mullane col. 9, lines 45-54). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Viens with the second layer 36 of Mullane for the benefits Mullane teaches. Mullane does not teach the second layer 36 is apertured. Mullane teaches the fibers 38 of layer 36 can be from polyester, nylon, rayon, and cotton (Mullane col. 9, lines 7-11) of which polyester and nylon are thermoplastic.
As to claim 17, Viens/Mullane teach where all cards have the same fiber blend, the nonwoven is termed homogeneous (Viens para. 0039). Viens further teaches if the carded web 214 and the second carded web 221 comprise the same fiber blend, then the fluid management layers may be processed via two cards instead of three (Viens paras. 0039-0040), which suggests an embodiment where the first and second carded webs (stratums) have the same fiber blend.
As to claim 18, Viens teaches an absorbent article 10 comprising a topsheet 20, a backsheet 50, an absorbent core 40 disposed between the topsheet 20 and the backsheet 50, and an acquisition-distribution system ("ADS") (fluid management layer) 30 disposed between the topsheet 20 and the absorbent core 40 (Viens Figs. 1A, 1B; para. 0034).
Viens teaches the fluid management layer 30 is an integrated, carded, nonwoven material. Viens teaches the fluid management layer 30 comprises carded nonwoven webs 214, 224, and 234 (Viens para. 0038). Viens teaches the carded nonwoven 214 is first deposited on the carrier belt 240, the second nonwoven 224 is deposited on the nonwoven 214, and the third nonwoven 234 is deposited on the nonwoven 224 (Viens para. 0038). The ADS comprising a first layer 214 comprising nonwoven, and a second layer wherein the first layer 214 comprises a first stratum facing towards the topsheet 20 (para. 0039) and comprising first absorbing fibers (Viens paras. 0045,0054), a second stratum 224 facing towards the backsheet 40 and comprising second absorbing fibers (Viens para. 0040).
Viens does not specifically teach a percentage of the second absorbing fibers in the second stratum 224 is at least about 15% higher than a percentage of the first absorbing fibers in the first stratum 214, as measured according to the Fiber Number Test. However, Viens does teach the first stratum 214 may comprise from about 10% to about 50%, from about 12% to about 40%, or from about 15% to about 25% by weight of absorbing fibers (Viens para. 0054). Viens also teaches the second stratum 224 may be constructed similar to the first stratum 214 or at least within the ranges specified for the first stratum (para. 0057). Viens teaches however, as the second stratum 224 is disposed more distal from the topsheet 20 than the first stratum 214, void volume could be adjusted slightly downward, so smaller diameter fibers may be utilized in the second stratum 224 (para. 0057). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to have a greater percentage of smaller diameter fibers in the second stratum to adjust the void volume.
Viens does not specifically teach the fluid management layer has a plurality of apertures defined in the first layer (Viens 214). Mullane teaches an absorbent article having a formed film topsheet 12 and an intermediate layer (secondary topsheet) 40 (Mullane Figs. 3 and 5). Mullane teaches the intermediate layer 40 is interposed between the apertured formed film topsheet 12 which has a layer 36 of fibers 38 affixed to the undersurface 34 and the absorbent core 16 (col. 11, lines 17-20). Mullane further teaches the intermediate layer 40 has a plurality of tapered capillaries 42, each of which has a base opening 44 and an apex opening 46 (Fig. 5; col. 11, lines 32-40). Mullane teaches the intermediate layer 40 interposed between the formed film topsheet 12 and the absorbent core 16 exhibits improved rewet characteristics. Thus, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide a plurality of apertures in the first layer to improve fluid flow and improve rewet as taught in Mullane.
Viens does not teach a second layer disposed between the topsheet and the first layer, and wherein the second layer is free of apertures. Mullane teaches a second layer 36 of fibers 38 which are evenly dispersed over and affixed to the inner surface 34 of the topsheet (Mullane col. 9, lines 1-5). Mullane teaches topsheets which are provided with a layer 36 of fibers 38 exhibit improved strikethrough characteristics. Mullane teaches strikethrough is a measure of the time taken for liquid to penetrate through the topsheet, which is beneficial as rapid liquid penetration of the topsheet is important to reduce the possibility of liquid running across the surface of the topsheet and leaking past the sides of the pad before being absorbed by the absorbent core (Mullane col. 9, lines 45-54). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Viens with the second layer 36 of Mullane for the benefits Mullane teaches. Mullane does not teach the second layer 36 is apertured.
Viens/Mullane teach the present invention substantially as claimed. Viens/Mullane do not teach the dimensions of the apertures or the number of apertures per length/area. Mullane teaches the apertures 42, in the intermediate layer 40 (Fig. 5) have a base opening dimension of from about 0.006 to about 0.250 inches (152.4 to about 6350 microns) and an apex opening of from about 0.004 to about 0.100 inches (101.6 to about 2540 microns) (Mullane col. 11, lines 50-57). Mullane does teach having the intermediate layer interposed between the formed film topsheet, having a layer 36 of fibers 38 affixed to the inner surface (of the topsheet), and the absorbent core exhibits improved rewet characteristics. Mullane teaches the rewet value is a measure of the amount of liquid which flows from the absorbent core to the outer surface of the topsheet. Mullane further teaches large quantities of liquid on the outer surface of the topsheet are undesirable because they lead to the discomfort of the wearer (Mullane col. 11, lines 58-68). It would have been obvious to one of ordinary skill in the art before the invention was originally filed to provide the claimed aperture length, since absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention and are therefore, prima facie obvious.
Viens/Mullane teaches the multiplicity of tapered capillaries 42 is provided in a manner, size, configuration, and orientation as set forth in USPN 3929135 to Thompson, which is incorporated by reference (Mullane col. 11, lines 44-48). Thompson teaches each droplet of fluid in contact with a topsheet must be in contact with the base diameter of a tapered capillary. This can best be achieved if the land area (the area of the topsheet that exists between the bases of the tapered capillaries) is maintained at a minimum. Thompson teaches a preferred arrangement is where the tapered capillaries are in ordered arrangement with from about 30 to about 1500 tapered capillaries per square inch of the topsheet (5 to 231 per cm2) (Thompson col. 5, lines 29-50), which has values in the claimed range.
As to claim 19, Viens/Mullane teach where all cards have the same fiber blend, the nonwoven is termed homogeneous (Viens para. 0039). Viens further teaches if the carded web 214 and the second carded web 221 comprise the same fiber blend, then the fluid management layers may be processed via two cards instead of three (Viens paras. 0039-0040), which suggests an embodiment where the first and second carded webs (stratums) have the same fiber blend.
As to claim 20, Viens/Mullane teach the first absorbing fibers and the second absorbing fibers are different fibers – where Viens teaches one of the carded webs may comprise a different fiber blend than the others (Viens para. 0039).
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Viens et al. US Patent Application Publication 2020/0306099 in view of Mullane et al. USPN 4324246 and further in view of Richards et al. USPN 5607414.
As to claims 2 and 13, Viens/Mullane teach the present invention substantially as claimed. Viens/Mullane do not teach the first layer has a vertical wicking height no lower than about 40mm, as measured according to Vertical Wicking Height Test. Richards teaches an absorbent article having a fluid acquisition layer (secondary topsheet) comprising a mixture of hydrophilic cellulosic fibers and thermoplastic material bonding the fibers together into a thermally bonded matrix (col. 3, lines 5-10). Richards teaches absorbent structures according to his invention typically include a fluid acquisition layer. This fluid acquisition layer is commonly referred to in the catamenial art as a “secondary topsheet”. Richards teaches the purpose of the secondary topsheet is to rapidly draw discharged aqueous body fluids, in particular menstrual fluids, through the adjacent permeable (primary) topsheet. This allows the surface of the primary topsheet adjacent the wearer of the catamenial pad to remain relatively clean and dry (Richards col. 13, lines 41-50). Richards teaches it has been found that the ability to vertical[ly] wick artificial menstrual fluid (AMF) is a very good way to define the low/high capillary suction of these layers. Vertical wicking accounts for a variety of factors that affect capillary suction, including density (wet and dry), pore size, plastization of cellulosic fibers by the fluid, as well as the physical properties of the fluid being wicked (e.g., contact angle and surface tension). The secondary topsheets and secondary distribution layers have relatively low vertical wicking values of from about 1 to about 6 cm of AMF, and typically from about 2 to about 4 cm of AMF, which provides values in the claimed range of no lower than about 40mm. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the claimed vertical wicking height since the references are from the same field of endeavor and solve the same problems of (1) improving topsheet dryness, (2)reducing ‘rewet’, (3) having reduced panty and body soiling; and (4) providing improved fit and comfort for the user (Richards col. 2, lines 57-64).
Claims 3, 4, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Viens et al. US Patent Application Publication 2020/0306099 in view of Mullane et al. USPN 4324246 and further in view of Akin et al. USPN 6448464.
As to claims 3, 4, 14 and 15, Viens/Mullane are silent with respect to the dry and wet air permeability of the first layer. Akin teaches an absorbent article with an absorbent body including multiple zones of high air permeability. Akin teaches the article exhibits improved air exchange within the article during use. As a result, the article maintains the temperature and exhibits substantially reduced levels of hydration of the wearer’s skin when in use which renders the skin less susceptible to the viability of microorganisms (Akin Abstract). Akin teaches “air exchange” refers to the transfer of air from the interior of a diaper, when in use on a wearer, to the exterior of the diaper (ambient atmosphere). Akin teaches the ability of an absorbent article to achieve high rates of air exchange both when dry and when wet has been quantified as the Dry Air Exchange Rate, the Wet Air Exchange Rate and the Wet Air Exchange Rate/Dry Air Exchange Rate ratio (col. 5, lines 8-11). Akin teaches the absorbent article defines a Wet Air Exchange Rate of at least about 190 cubic centimeters per minute and a Dry Air Exchange Rate of at least about 525 cubic centimeters per minute (Akin col. 2, lines 40-45). Akin teaches a Wet Air Exchange Rate/Dry Air Exchange Rate ratio of at least about 0.20, generally at least about 0.23, desirably at least about 0.27, and more desirably at least about 0.30 for improved performance (Akin , col. 5, lines 59-66), which is between 20% and 30% and not lower than about 10%. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the first layer (Viens 214) with the claimed values for the wet and dry air permeability, since Akin is from the same field of endeavor and is concerned with solving the same problem of providing high air permeability for breathability and comfort for the user (Akin col. 14, lines 53 through col. 15, line 8).
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 JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781
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