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 .
Status of Claims
Claims 1-17 are pending and examined on the merits.
Claims 3 and 5-15 are currently amended.
Claims 16-17 are new.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/31/2024 was filed before the mailing date of the First Office Action on the Merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 3, and 5-17 are rejected under 35 U.S.C. 103 as being unpatentable over Minoguchi (U.S. Pre Grant Pub. No. 2009/0259165 A1) in view of Bartolucci (U.S. Pre Grant Pub. No. 2021/0107263 A1).
Regarding claim 1, Minoguchi teaches Wrapper (see overwrap 70 in at least Fig. 1 and para. [0034]) for a tampon (see tampon 10 in at least Fig. 1), said wrapper comprising a layer consisting essentially of cellulosic fibers (see at least para. [0057]), wherein the layer consisting essentially of cellulosic fibers comprises a basis weight comprised between 5 gsm and 60 gsm (see at least para. [0057]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Minoguchi to make the layer consisting essentially of cellulosic fibers comprise a basis weight comprised between 15 gsm and 90 gsm at least since it has been held that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists (see MPEP 2144.05).
However, Minoguchi fails to explicitly teach that the wrapper comprises a layer of sealing agent, as required by the claim.
Bartolucci teaches an analogous wrapper for containing an object (see Abstract) comprising a front outer layer 12 and a back outer layer 22 (see para. [0056]) that can comprise a readily biodegradable wax (Id.; as broadly recited, the layer of wax is considered a sealing agent as the wax creates a surface coating).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Minoguchi to incorporate the teachings of Bartolucci by including a layer of sealing agent in the form of an outer layer 12, 22 at least in order to form a seal around a perimeter in order to form a compartment for storing a solid article, as taught by Bartolucci (see para. [0008]).
Regarding claim 2, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. However, Minoguchi fails to explicitly teach wherein the layer consisting essentially of cellulosic fibers consists essentially of paper material, as required by the claim.
Bartolucci teaches a front middle layer and a back middle layer comprising a paper (see para. [0007]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Minoguchi in view of Bartolucci to further incorporate Bartolucci by making the layer consisting essentially of cellulosic fibers consist essentially of paper material at least to improve recyclability of the wrapper, as taught by Bartolucci (see para. [0006]).
Regarding claim 3, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Minoguchi teaches wherein the wrapper further comprises a layer of hydrophobic material (see at least para. [0060]).
Regarding claim 5, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. However, while Minoguchi fails to explicitly teach the thickness of the layer consisting essentially of cellulosic fibers, as required by the claim, Bartolucci teaches that the thickness of a layer can be between 0.1 μm to 25 μm (see para. [0056]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Minoguchi in view of Bartolucci to further incorporate Bartolucci by making the layer consisting essentially of cellulosic fibers comprise a thickness comprised between 30 µm to 200 µm at least in order to lead to better biodegradability of the wrapper, as taught by Bartolucci (see para. [0056]) and at least since it has been held that “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); see also MPEP 2144.05(II). Therefore, one of ordinary skill in the art would have been motivated to optimize the thickness of the layer consisting essentially of cellulosic fibers at least because Applicant has not indicated criticality of the claimed thicknesses and through routine experimentation.
Regarding claim 6, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Minoguchi teaches wherein the layer consisting essentially of cellulosic fibers (33) comprises cellulosic fibers with an average fiber diameter comprised between 0,5 and 50 µm (see para. [0057]).
Regarding claim 7, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. However, while Minoguchi fails to explicitly teach a first and second sub-layer of cellulosic fibers, as required by the claim, Bartolucci teaches an outer layer 12, 22, a middle layer 13, 23, and an inner layer 14, 24 (see at least Fig. 1B and para. [0075]). Additionally, Table 18 shows that the middle layer has a greater basis weight than the outer layer.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Minoguchi in view of Bartolucci to further incorporate Bartolucci by making the layer consisting essentially of cellulosic fibers comprise a first and second sub-layer of cellulosic fibers at least in order to improve the moisture barrier properties of the wrapper and increase durability, as taught by Bartolucci (see para. [0056]).
Regarding claim 8, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Bartolucci teaches wherein the layer of sealing agent (see outer layer 12, 22 in para. [0056]) has a basis weight comprised between 13 gsm and 17 gsm (see Table 18).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Minoguchi in view of Bartolucci to make the layer of sealing agent have a basis weight comprised between 0.5 gsm and 15 gsm at least since it has been held that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists (see MPEP 2144.05). Therefore, one of ordinary skill in the art would have been motivated to alter the basis weight of the layer of sealing agent to be within the claimed ranges at least because Bartolucci teaches a similar range that is close to that claimed (see Table 18).
Regarding claim 9, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Bartolucci teaches wherein the sealing agent is selected from water-based blister varnish, polylactic (PLA), 3- hydroxy butyric acid and 3-hydroxy pentanoic acid (3-hydroxy valeric acid) (PHBV), polyvinyl alcohol (PVOH), biobased ethylene vinyl acetate (EVA), polyurethane (PU), vinyl acetate polymers (PVA), polyethylene oxide (PEO), polyhydroxylakanoate (PHA), polycaprolactone (PCL), low-density polyethylene (LDPE), a bio coating, a printed lacquer, 1,4 succinic acid, fumaric acid, malic acid, 2,5 furan dicarboxylic acid, 3 hydroxy propionic acid, aspartic acid, glucaric acid, glutamic acid, itaconic acid, levulinic acid, 3- hydroxybutyrolactone, glycerol, sorbitol, xylitol/arabinitol or tricarboxylic acid (para. [0056] teaches a varnish).
Regarding claim 10, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Minoguchi teaches wherein the wrapper comprises a rectangular configuration (see for example Fig. 5). Additionally, Bartolucci teaches the layer of sealing agent being arranged on the periphery of the wrapper along at least two contiguous edges (see seal 30 in Fig. 1B and para. [0051]).
Regarding claim 11, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Minoguchi teaches wherein the layer consisting essentially of cellulosic fibers comprises regenerated cellulosic fibers selected from viscose, acetate and/or rayon (see para. [0057]).
Regarding claim 12, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Minoguchi teaches wherein said wrapper comprises a grasping element (see area marked by numeral 100 in Figs. 4 and 5; as broadly recited, a user can grasp that portion of the wrapper).
Regarding claim 13, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 10. Additionally, Minoguchi teaches wherein the wrapper comprises uncoated portions (see auxiliary patch 80 in Fig. 5 and para. [0039]) arranged between an edge of the wrapper and a portion of the wrapper coated by the layer of sealing agent (para. [0039] teaches an auxiliary patch 80 that partially covers the exterior surface 71 of the overwrap 70; therefore, the auxiliary patch 80 is an uncoated portion of the overwrap 70).
Regarding claim 14, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Minoguchi teaches wherein said wrapper comprises at least one graphic element (see auxiliary patch 80 in Figs. 4 and 5; para. [0017] teaches that the auxiliary patch is opaque or colored).
Regarding claim 15, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Minoguchi teaches an assembly comprising a wrapper according to claim 1 (see above) and a tampon pledget (see 110 in Fig. 8 and para. [0042]).
Regarding claims 16-17, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 1. Additionally, Bartolucci teaches that the layer of sealing agent (see outer layer 12, 22 in para. [0056]) has a basis weight comprised between 13 gsm and 17 gsm (see Table 18).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Minoguchi in view of Bartolucci to make the layer of sealing agent have a basis weight comprised between 1 gsm and 10 gsm (as applied to claim 16) and/or between 2 gsm and 5 gsm (as applied to claim 17) at least since it has been held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (see MPEP 2144.05(I)). Therefore, one of ordinary skill in the art would have been motivated to alter the basis weight of the layer of sealing agent to be within the claimed ranges at least because Bartolucci teaches a similar range that is close to that claimed (see Table 18).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Minoguchi (U.S. Pre Grant Pub. No. 2009/0259165 A1) in view of Bartolucci (U.S. Pre Grant Pub. No. 2021/0107263 A1), as applied above to claim 3, and further in view of Zander (U.S. Pre Grant Pub. No. 2005/0154365 A1).
Regarding claim 4, Minoguchi in view of Bartolucci teaches the invention as discussed above in claim 3. However, Minoguchi and Bartolucci fails to explicitly teach wherein the layer of hydrophobic material comprises a peelable layer that can be separated from the layer consisting essentially of cellulosic fibers, as required by the claim.
Zander teaches an analogous packaging for an absorbent product (see Abstract) comprising a peel strip that aids a user in locating and opening the packaging component (see at least para. [0134]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Minoguchi in view of Bartolucci to incorporate the teachings of Zander by including a peelable layer that can be separated from the layer consisting essentially of cellulosic fibers at least in order to aid a user in locating and opening the packaging component, as taught by Zander (see at least para. [0134]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mizutani (U.S. Pre Grant Pub. No. 2004/0167491 A1) - Interlabial Product Having Form For Finger Securement, And Individual Package
Ferrer (U.S. Pre Grant Pub. No. 2017/0246042 A1) - MASKING APPLICATOR FOR FEMININE CARE PRODUCT
Hasse (U.S. Pre Grant Pub. No. 2004/0049167 A1) - Tampon With Clean Appearance Post Use
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIHAD DAKKAK whose telephone number is (571)272-0567. The examiner can normally be reached Mon-Fri: 9AM - 5PM ET.
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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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/JIHAD DAKKAK/ Examiner, Art Unit 3781
/ANDREW J MENSH/ Primary Examiner, Art Unit 3781
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