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 15 is objected to because of the following informalities: Claim 15 recites “the absorbent core constitutes of one absorbent layer”. The examiner interprets this limitation to mean the absorbent core has one absorbent layer. Appropriate correction is required.
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 1-17 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.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 2 and 5 recite the broad recitation “1mm or more”, and the claim also recites “1mm to 18mm” which is the narrower statement of the range/limitation.
Claim 3 recites the broad recitation “25% to 80%”, and the claim also recites “35% to 75%” which is the narrower statement of the range/limitation.
Claim 6 recites the broad recitation “covering from 25%”, and the claim also recites the “from 35%” and “from 50%”, which are the narrower statements of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 17 recites the limitation "the first side" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
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 1-7, 10, 11-13, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Palmqvist US Patent Application Publication 2019/0001017.
As to claims 1, 2, 4, and 5, Palmqvist teaches a sanitary pad, such as a pantyliner (para. 0019), comprising a fluid permeable topsheet and a backsheet (page 9, lines 8-10)
the sanitary pad extending in a longitudinal direction and a transverse direction (Figs. 1 and 2) and having first and second longitudinal side edges 7, 8 and a front 2, and a rear 5 edge (Fig. 1; para. 0053),
the sanitary pad having a length extending in the longitudinal direction and being measured along a longitudinal centerline of the sanitary pad and a maximum width, as measured in the transverse direction (Figs. 1 and 2),
the sanitary pad being made up of a front third d, a rear third c and a central third b arranged between the front and the rear third, as seen in the longitudinal direction (Figs. 1 and 2; para. 0053),
the topsheet being provided with a water-soluble formulation wherein the water- soluble formulation – where Palmqvist teaches printing a water-based ink composition (para. 0005; claim 15) is applied in a coated zone 5 arranged along the rear edge and,
the first and the second longitudinal side edges 7, 8 in the rear third c of the sanitary pad forming a boundary in the rear third delimiting an inner rear zone (longitudinally between b and c) comprising or consisting of a coated free topsheet area, the inner rear zone extending along the longitudinal centerline – Fig. 2,
Palmqvist does not specifically teach the coated zone being arranged at a distance from the rear edge and from the first and second longitudinal side edges 7,8 and covering from 25% of a total surface area of the topsheet in the rear third c of the sanitary pad. Palmqvist does teach the coated areas may be printed on an area or zone of the article selected from: along longitudinal side edges of the crotch portion, a central area of the crotch portion; a central areas of the front portion; and a central area of the back portion (paras. 0038-0042). Palmqvist also teaches the application by print allows for precise placement of a delicate printed pattern in chosen areas on the article. Palmqvist teaches the print is combined with precise in-line positioning (synchronization) of the print on any product. This enable the print to be placed in areas or zones, i.e., particular functional zones of the product. In this way the skin beneficial agent will be applied only in the printed zones, thus allowing for less amount and possibility for tailor made areas (para. 0051). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the claimed distances from the front and rear edges and first and second longitudinal edges since Palmqvist teach the coating may be placed in along the longitudinal side edges or in central areas of the front and back regions, and more importantly tailored to provide skin beneficial agents where desired in the absorbent article.
As to claim 3, The sanitary pad (1) according to claim 1, wherein the coated zone (12) covers within the range of from 25 to 80% of the total surface area of the topsheet- in the rear third of the sanitary pad – where Palmqvist teaches the skin beneficial agent may be applied on 0.1-40% of the area of the article (page 6, lines 15-17). The limitations of the range from 35 to 75% are optional limitations. Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. MPEP 2111.04 [R-10.2019] I.
As to claim 6, wherein the coated zone forms a boundary in the front third d (Figs. 1 and 2) delimiting an inner front zone comprising or consisting of a coated free topsheet area – (between d and b), the inner front zone extending along the longitudinal centerline. The limitations of optionally the coated zone covering from 25%, optionally 35% or from 50% are optional limitations. Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. MPEP 2111.04 [R-10.2019] I.
As to claim 7, the sanitary pad according to claim 1, wherein the coated zone is arranged along the first and the second longitudinal side edges 7,8 (Figs. 1 and 2; para. 0053) in the central third a,b of the sanitary pad, the coated zone being arranged at a distance from the first and second longitudinal side edges 7,8 in the central third a (Figs. 1 and 2) and forms a boundary in the central third delimiting an inner central zone comprising an inner central coated free zone extending along the longitudinal centerline – between side portions a and crotch portion b. Additionally, Palmqvist teaches the printed areas or zone may be selected from along longtitudinal side edges of the crotch portion, a central area of the crotch portion, a central area of the front portion, and a central area of the back portion (para. 0039-0042). Therefore, one having ordinary skill in the art can select a zone a along the longitudinal side edges and opt to have an inner central coated free zone in the central area since Palmqvist teaches printed areas or zones may be varied in shapes and certain regions of a product to give a unique function (para. 0044). The limitations of optionally the inner central coated free zone covers at least 40% is an optional limitations. Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. MPEP 2111.04 [R-10.2019] I.
As to claim 10, the sanitary pad according to claim 1, wherein the amount of formulation in the coated zone is within the range of from 0.2 gsm to 12 gsm – the examiner interprets ‘amount of formulation’ to mean the amount of the composition in the coated zone. Palmqvist teaches the concentration of microcapsules on the article may be at least .001-5gsm, or .01-1gsm, or .05-0.6gsm (para. 0026).
As to claim 11, the formulation is provided continuously or discontinuously in the coated zone - where Palmqvist teaches the ink composition may be continuous or intermittent drop formation by piezo, heat activated, or other type of technology (para. 0029).
As to claim 12, Palmqvist teaches the present inventio substantially as claimed. Palmqvist does not teach the shape of coated zone forming a head region, body region, and neck transitional region as claimed. Palmqvist does the printed areas or zones (coated zones) may be an area or zone having an oval, circular, moon, heart, arrow shape, etc. placed in certain regions of a product to give a unique function (Figs. 1 and 2; para. 0043). It would have been an obvious matter of design choice to provide the article of Palmqvist with the claimed shape, since such a modification would have involved a mere change in the shape of the component, which Palmqvist teaches is acceptable. A change in shape is generally recognized as being within the level of ordinary skill in the art. In Re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
As to claim 13, Palmqvist teaches the sanitary pad according to claim 1, wherein the sanitary pad comprises an absorbent core arranged between the topsheet and the backsheet (page 8, lines 27-29)
As to claim 15, the sanitary pad according to claim 13, wherein the absorbent core has one absorbent layer – where Palmqvist teaches the absorbent layer comprising pulp and/or superabsorbent material and/or a fibrous web (page 9, lines 11-12), which indicates the absorbent layer may comprise one layer comprising three materials or up to three layer comprising those materials.
As to claim 17, the sanitary pad according to claim 1, wherein the topsheet comprises a second side being an opposition side to the first side, the second side of the topsheet is printed in a printed zone - where Palmqvist teaches the ink composition may be applied to one or both surfaces of the topsheet, the body facing surface and the garment facing surface. Palmqvist does not specifically teach the coated zone on the first side of the topsheet partly or completely overlap with the printed zone, as seen in a depth direction perpendicular to the longitudinal direction. Palmqvist does teach that by applying the ink composition on the body facing surface, the user obtains a direct access to the skin beneficial agents. By providing ink on a garment facing surface, a slower activation and release of the microcapsules are obtained which may be desirable for certain applications (para. 0035). It would have been obvious to one having ordinary skill in the art have the coated zone on the first, body facing surface at least partly overlap with the coating zone on the second, garment facing surface to advantageously achieve the combined benefits taught in Palmqvist.
Claims 8, 9, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Palmqvist US Patent Application Publication 2019/0001017 in view of Bianchi et al. US Patent Application Publication 2019/0000688.
As to claims 8 and 9, Palmqvist teaches the present invention substantially as claimed. Palmqvist does not teach the length of the sanitary pad is within the range of from 100 to 300 mm. Bianchi, from the same field of endeavor teaches an absorbent article comprising a fluid-permeable topsheet, a lotion on the topsheet having a lotion pattern covering a lotion pattern area (Bianchi Abstract). Bianchi teaches the maximum dimension measured along the transversal direction and the longitudinal direction can be used to report the width and length of the core respectively. Bianchi teaches for example in the width may range from 40 mm to 200mm and the length from 100 mm to 600 mm (para. 0089). Bianchi teaches the maximum width of the absorbent core is up to 120 mm (para. 0041). Bianchi teaches the width and length of the core may vary depending on the intended usage (para. 0089). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the length and width taught in Bianchi for the sanitary pad of Palmqvist since both are from the same field of endeavor and solve the same problem of providing absorbent solutions for urine and menses. Additionally, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the claimed length and width for a sanitary pad. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
As to claim 14, Palmqvist/Bianchi does not specifically teach the absorbent core has a generally uniform no-load thickness over the total absorbent core. Bianchi, from the same field of endeavor teaches an absorbent core having a generally uniform thickness where Bianchi teaches the absorbent core may be free of channel-forming areas 26 (Bianchi para. 0030).
As to claim 16, Palmqvist/Bianchi teaches the absorbent core comprises two or more absorbent layers – where Bianchi teaches an acquisition layer 52 and a distribution layer 54 attached to the absorbent core (para. 0031). Bianchi teaches the distribution layer may be as wide and/or as long as the absorbent core (Bianchi para. 0099).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ellingson et al. US 2006/0069370 and Tyrrell et al. US 2002/0120242 are cited to show absorbent articles with topsheets having lotion zones.
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.
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, 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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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781
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