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 Amendment
The amendment filed 07/29/2026 has been entered. Claims 1 and 16 have been amended. Claim 11 is cancelled. Claims 1-10, 12-19 remain pending in this application.
Response to Arguments
The amendments to the claims overcome the claim objections and rejections under 35 USC §112(b) and such objections and 112(b) rejections are therefore withdrawn.
Applicant’s arguments with respect to claim(s) 1-10, 12-19 have been considered but are moot because the new ground of rejection does not rely on the same interpretation of Takaishi for any teaching or matter specifically challenged in the argument. A new grounds of rejection is made over a different interpretation of previously applied Takaishi.
Claim Rejections - 35 USC § 102
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) 1-8, 12-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takaishi (Pub. No.: US 2021/0186778 A1).
Regarding claim 1, Takaishi discloses (fig. 1-2, 4, 7) a disposable absorbent article (disposable diaper, ¶ 0101) continuous in a longitudinal direction (fig. 1) comprising:
A garment-facing surface (fig. 1, ¶ 0077), a front region (lower torso portion T of the front body F), a back region (lower torso portion T of the back body B), a crotch region (intermediate region L) disposed between the front and back regions (fig. 1, ¶ 0118); and a topsheet (11), a backsheet (second sheet layer 20B), and an absorbent core (absorber 13) disposed between the topsheet and the backsheet (fig. 4a, ¶ 0101), the backsheet being disposed to cover continuously the crotch region and at least part of the front region and back region in the longitudinal direction (fig. 4a),
Wherein the front region comprises a front belt region (stretchable region 80) which comprises a first front belt substrate (first sheet layer 20A), a left side panel, a right side panel and a central panel between the left side panel and the right side panel (fig. 1-2); or the back region comprises a back belt region (stretchable region 80) which comprises a first back belt substrate (first sheet layer 20A), a left side panel, a right side panel and a central panel between the left side panel and the right side panel (fig. 1-2),
Wherein the first front belt substrate or the first back belt substrate overlaps the backsheet in at least a part of the central panel (fig. 4a),
Wherein the first front belt substrate or the first back belt substrate comprises a spunbond nonwoven (¶ 0132) and is disposed at least partially between the topsheet and the backsheet (fig. 4a),
Wherein the left and right panels in the front belt region or the back belt region comprise a first visual characteristic, and the central panel in the front belt region or the back belt region comprises a second visual characteristic (sheet bonded portions 40, fig. 7a, ¶ 0118, first sheet layer 20A and second sheet layer 20B can have a color, ¶ 0166).
Regarding claim 2, Takaishi discloses wherein the back region comprises a back belt region (stretchable region 80) which comprises a first back belt substrate (first sheet layer 20A), a left side panel, a right side panel and a central panel between the left side panel and the right side panel (fig. 1-2), the first front belt substrate or the first back belt substrate overlaps the backsheet in at least a part of the central panel (fig. 4a), and wherein the left and right panels in the back belt region comprise a first visual characteristic (sheet bonded portions 40, fig. 7a, ¶ 0118), and the central panel in the back belt region comprises a second visual characteristic (sheet bonded portions 40, fig. 7a, ¶ 0118).
Regarding claim 3, Takaishi discloses wherein the first visual characteristic is disposed on the first front belt substrate, and the second visual characteristic is disposed on the backsheet, or the first visual characteristic is disposed on the first back belt substrate, and the second visual characteristic is disposed on the backsheet (fig. 7a, ¶ 0118).
Regarding claim 4, Takaishi discloses wherein the first visual characteristic is a feature selected from the group consisting of color, graphic, texture (¶ 0118), and combinations thereof; and the second visual characteristic is a feature selected from the group consisting of color, graphic (¶ 0118), texture, and combinations thereof.
Regarding claim 5, Takaishi discloses wherein the first visual characteristic and the second visual characteristic have a common element, the common element being an element selected from the group consisting of color, graphic, texture (¶ 0118), and combinations thereof.
Regarding claim 6, Takaishi discloses wherein the first visual characteristic and the second visual characteristic are coordinated (fig. 7, ¶ 0118, ¶ 0123).
Regarding claim 7, Takaishi discloses wherein the number of layers between the first visual characteristic and the garment-facing surface is the same as the number of layers between the second visual characteristic and the garment-facing surface (fig. 4a).
Regarding claim 8, Takaishi discloses wherein the first visual characteristic is a first graphic or first color, and the second visual characteristic is a second graphic or second color (¶ 0166).
Regarding claim 12, Takaishi discloses wherein the front region comprises a front belt region (stretchable region 80), a first front belt substrate (elastic film 30), a left side panel, a right side panel and a central panel between the left side panel and the right side panel (fig. 1-2), the first front belt substrate overlaps the backsheet in at least a part of the central panel (fig. 4a); and wherein the left and right panels in the front belt region comprise a first visual characteristic (sheet bonded portions 40, fig. 7a, ¶ 0118), and the central panel in the front belt region comprises a second visual characteristic (sheet bonded portions 40, fig. 7a, ¶ 0118).
Regarding claim 13, Takaishi discloses wherein the first visual characteristic in the front belt region and the first visual characteristic in the back belt region have a common element, the common element being an element selected from the group consisting of color, graphic, texture (sheet bonded portions 40, fig. 7a, ¶ 0118, ¶ 0123), and combinations thereof.
Regarding claim 14, Takaishi discloses wherein the first visual characteristic in the front belt region and the first visual characteristic in the back belt region are coordinated (sheet bonded portions 40, fig. 7a, ¶ 0118, ¶ 0123).
Regarding claim 15, Takaishi discloses wherein the back belt region further comprises an elastic material (elastic film 30, ¶ 0118).
Regarding claim 17, Takaishi discloses wherein the front belt region further comprises an elastic material (elastic film 30, ¶ 0118).
Regarding claim 18, Takaishi discloses wherein the absorbent article is in an open form absorbent article (fig. 1, ¶ 0101).
Claim Rejections - 35 USC § 103
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(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takaishi, as applied to claim 8 above, and further in view of Bremer et al. (Pub. No.: US 2020/0214907 A1).
Regarding claim 9, Takaishi fails to disclose wherein the first visual characteristic has a first lightness as measured by Lightness Measurement and the second visual characteristic has a second lightness measured by Lightness Measurement, wherein the first lightness and the second lightness are no greater than about 73.
Bremer teaches (fig. 2) a disposable absorbent article (1) and thus in the same field of endeavor, comprising a visual characteristic (printed pattern 800), wherein the visual characteristic has a lightness of 0 (the printed pattern may comprise black, ¶ 0043, which is a lightness of 0), which falls within the claimed range of no greater than about 73, and wherein the visual characteristic is configured to mask elastic elements of the absorbent article and improve visual appearance (¶ 0008).
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (see MPEP §2131.03.I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second visual characteristic of Takaishi such that it has a first and second lightness no greater than about 73, as taught by Bremer, in order to mask elastic elements of the absorbent article and improve visual appearance (Bremer ¶ 0008).
Regarding claim 10, Takaishi discloses wherein the first visual characteristic is the same as the second visual characteristic (¶ 0166). Thus, Takaishi discloses wherein the difference between the first lightness and the second lightness is 0, which falls within the claimed range of no greater than about 6.
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (see MPEP §2131.03.I).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takaishi, as applied to claim 15 above, and further in view of Fukae et al. (Pub. No.: US 2019/0201253 A1).
Regarding claim 16, Takaishi fails to disclose wherein the back belt region further comprises a second back belt substrate so that the elastic material is disposed between the first back substrate and the second back belt substrate.
Fukae teaches (fig. 1, 5) a disposable absorbent article (abstract) and thus in the same field of endeavor, comprising: a back belt region (back side outer member 12B) comprising an elastic material (elastic members 17), wherein the back belt region further comprises a second back belt substrate (outer decorative sheet 25) so that the elastic material is disposed between a first back substrate (inner sheet layer 12H) and the second back belt substrate (fig. 7a), wherein the second back belt substrate is configured to provide an additional surface for a decorative printing (¶ 0139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back belt region of Takaishi such that it comprises a second back belt substrate so that the elastic material is disposed between the first back substrate and the second back belt substrate, as taught by Fukae, in order to provide an additional surface for a decorative printing (Fukae ¶ 0139).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takaishi, as applied to claim 1 above, and further in view of Prodoehl et al. (Pub. No.: US 2016/0317695 A1).
Regarding claim 19, Takaishi fails to disclose wherein the absorbent article further comprises an outer cover layer disposed on a garment-facing side of the backsheet.
Prodoehl teaches (fig. 1, 3B) a disposable absorbent article (10) and thus in the same field of endeavor, comprising a backsheet (wrapping layer 42) and an outer cover layer (second belt layer 41) disposed on a garment-facing side of the backsheet (fig. 3B) wherein such outer cover layer is suitable for being the outer surface of the article (¶ 0031).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the absorbent article of Takaishi such that it comprises an outer cover layer disposed on a garment-facing side of the backsheet, as taught by Prodoehl, as such outer cover layer is suitable for being the outer surface of the article (Prodoehl ¶ 0031).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Morimoto (Pub. No.: US 2018/0289563 A1) discloses a disposable absorbent article having graphics.
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 MEAGAN NGO whose telephone number is (571)270-1586. The examiner can normally be reached M - TH 8:00 - 4:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEAGAN NGO/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781
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