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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/26/2026 has been entered.
Response to Amendment / Election/Restrictions
Applicant’s amendment filed 5/26/2026 has been entered.
Applicant’s election without traverse of Group II (Claims 7-12) in the reply filed on 8/4/2025 was previously acknowledged. Claims 1-6, drawn to the non-elected Group I, were cancelled.
Claims 7-26 remain pending.
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.
Claims 7-8, 10-12, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey (US Patent 4,433,527), in view of Newman (US Patent 4,648,513), and in further view of Kane Jr. (US PGPUB 2004/0173492).
Regarding Claim 7, Ramsey discloses a process for forming packages (wrapped articles 37; Figure 1) containing a product (26), pad the packages (37) being formed of polymeric film (22), comprising the steps of:
effecting phased spacing of individual quantities of product (26) being conveyed (via 13) along a machine direction (Col 2, lines 39-40 discloses a continuous succession of articles),
conveying the spaced individual quantities of product (26) along the machine direction, into a flow wrapping unit (former 12; Col 2, lines 40-42);
flow wrapping the spaced individual quantities (26) in the polymeric film (22) along the machine direction (along 13; Col 2, lines 40-42);
conveying the flow-wrapped, spaced individual quantities (26) into a seaming and severing unit (“heat sealer and cut-off device 16”), wherein the seaming and severing unit (16) comprises:
a first roller (formed by anvil assembly 39; note the shaft 42 forms a roller structure with the anvil 50; Figures 3-4) comprising a first seaming and severing element (anvil 50, specifically anvil surface 44; Col 2, lines 62-66); and
a second roller (formed by knife and clamping assembly 40) comprising a second seaming and severing element (45 including knife 47 and clamping bars 46; Figure 2; Col 2, line 68 through Col 3, line 1 and lines 18-21),
wherein the first and second rollers (39, 40) have axes of rotation (of 41, 42) oriented along a cross direction (Col 3, lines 28-47);
wherein the first roller (39), the second roller (40), the first seaming and severing element (50) and the second seaming and severing element (45) are configured such that the first seaming and severing element (50) will contact and oppose the second seaming and severing element (45) along a line of contact oriented in the cross direction, in a transitory nip between the rollers (39, 40 shown in Figure 2; Col 3, line 62 through Col 4, line 5); and
wherein at least one of the first roller (39), the second roller (40), the first seaming and severing element (50) and the second seaming and severing element (45) is associated with a pliant mechanism (resilient surface 44, resilient materials 65-66, and springs 56; Col 3, lines 31-44 and Col 4, lines 6-27) configured to enable one or both of the first seaming and severing element (50, specifically 44) and the second seaming and severing element (45, specifically 46) to displace radially toward the axis of rotation of its associated roller (of 41, 42), in response to radial force exerted by the opposing seaming and severing element (45, 50) in the transitory nip (see Col 4, lines 1-5 which describes the anvil surface being pressed by the knife 47 and lines 10-27 describe the bars 46 being displaced radially);
conveying the flow-wrapped, spaced individual quantities (26) into the transitory nip (of 45, 50; Col 2, lines 56-57), and thereby:
compressing first and second portions of the polymeric film (22) together in the transitory nip and plastically expressing material thereof away from the transitory nip (of 45, 50) along the machine direction (note that given the pressure applied such as outlined in Col 5, lines 23-27, some portion of the film will be readily moved away from the nip), thereby forming affixed regions wherein the first and second portions of the film (22) are affixed to each other, and simultaneously, respective leading and trailing packages (37) are effectively severed from one another (Col 5, lines 36-49).
However, Ramsey does not readily disclose the product being a feminine hygiene pad product and is silent on in the effecting phased spacing step, the individual quantities of product (26) are regularly spaced apart along the machine direction (along 13).
First, attention is brought to the teachings of Newman which includes a package forming process (Figure 14) for forming a package (36; Figure 8, 14) comprising a feminine hygiene pad product (tampon 38) in a continuous strip of polymeric film (50; Col 3, line 65 through Col 4, line 10).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized the process of Ramsey to package a feminine hygiene pad product as taught by Newman. By packaging a feminine hygiene pad in the process of Ramsey, packages of such product can be formed with adequate seals due to the contact time of the knife with the anvil in addition to the clamping angle in which the clamping bars are engaged which also allow for reduced scuffing of the surface of the package as taught by Ramsey (Col 4, lines 23-27 and Col 5, lines 43-62). Further, Ramsey uses a combined heat sealer and cut-off device (16) thereby allowing for packaging in a more compact manner than Newman.
Further attention can be brought to the teachings of Kane Jr. which includes another system and method for flow wrapping an product (36; Figure 3) which is fed into a flow wrapping station (35) at an effected regular spacing along the machine direction (Para. 0103).
It would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to have effectuated a regular spacing as taught by Kane Jr. of the products of Ramsey to be packaged. By modifying Ramsey in this manner, the feeding/input of the products can be driven in a timed relationship with the web/wrapper corresponding to the size of the wrapper as taught by Kane Jr. (Para. 0103, 0108).
Regarding Claim 8, Ramsey, as modified, discloses at least one of the first and second seaming and severing elements (45, 50) is a seaming and severing knife (47; Col 3, line 8).
Regarding Claim 10, Ramsey, as modified, discloses another of the first and second seaming and severing elements is an anvil (50; Col 3, lines 12-13).
Regarding Claim 11, Ramsey, as modified, discloses several features including the anvil (50) has a substantially flat acting surface (44) opposing seaming and severing knife (47) in the transitory nip (as shown in Figure 3, the surface 44, while comprising a curvature, is substantially flat given the large radius of curvature relative to the axles; further note Page 27, lines 29-30 of Applicant specification which outlines “substantially flat” can include a curvature). Alternatively, assuming arguendo that the anvil surface (44) of Ramsey cannot be readily viewed as “substantially flat”, in which the Examiner does not concede to, it would have been an obvious matter of design choice to a person of ordinary skill in the art, at the time the invention was effectively filed, to have embodied the anvil surface of Ramsey as being substantially flat because Applicant has not disclosed that that such shape provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the surface of Ramsey because in either instance, the packages will be sealed and severed.
Therefore, it would have been an obvious matter of design choice to modify Ramsey to obtain the invention as specified in the claim.
Regarding Claim 12, Ramsey, as modified, discloses the second roller (40), and the second seaming and severing element (45) is associated with a heating element (heating means 60) configured to heat acting surfaces of the first seaming and severing element (39; surface 44 will readily be heated when contacted with the knife 47) and/or the second seaming and severing element (knife 47 is heated and due to proximity, bars 46 will readily be heated; Col 3, lines 48-61).
Regarding Claim 17, Ramsey, as modified, discloses the pliant mechanism (65, 66) has a spring constant (as outlined in Col 3, lines 31-44 the resilient members will readily provide an elastic force comprising a spring constant), wherein a value of the spring constant is selected to cause complete expression of the first and second portions of the film (22) from the transitory nip without causing excessive resistance to rotation through the transitory nip (see Col 3, lines 31-44 as the anvil supports will provide a resilient/elastic force when engaged by the knife and based on the cutting and pressure applied the material is completely expressed and further based on the apparatus capable of such operation, the expression must not cause the “excessive resistance”).
Regarding Claim 18, Ramsey, as modified, discloses no adhesive material is added to the first and second portions of the polymeric film (22) to form the affixed regions (Ramsey does not disclose any glue or adhesive used and instead outlines heat sealing thermoplastic material 22; Col 1, lines 5-10).
Regarding Claim 20, Ramsey, as modified, discloses several features of the claimed invention but does not disclose the polymeric film comprises a plurality of layers, said plurality of layers comprising: a first layer configured to form an inside surface of the individual packages containing the product; and a second layer to form an outside surface of the individual packages containing the product; wherein the first layer has a greater ductility and a lower melting point than the second layer; and wherein the second layer has a greater tensile strength than the first layer.
Attention is again brought to Kane Jr. which teaches a polymeric film packaging material (31; Figure 3) wherein the polymeric film material (31) comprises a plurality of layers (Para. 0057), said plurality of layers comprising: a first layer (“innermost layer”; Para. 0064) configured to form an inside surface of the individual packages (60) containing the product (36; Para. 0064); and a second layer (“outermost structural or abuse layer”) to form an outside surface of the individual packages (60) containing the product (36; Para. 0058); wherein the first layer (innermost layer) has a greater ductility and a lower melting point (Para. 0064) than the second layer (outermost layer; “unaffected by the sealing temperature” per Para. 0058); and wherein the second layer (outermost layer) has a greater tensile strength than the first layer (innermost layer; note Para. 0058 outlines that the stiffness of the pouch is controlled by the outer layer; Para. 0060, 0064 outline such materials such that the strength of the outer layer is clearly greater).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to utilized such layered material as taught by Kane Jr. as the material of Ramsey since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations. In this particular instance, multilayer films in packaging is known, especially in the heat sealed packaging materials, as by using an inner sealant layer, the package film can be sealed together while the outermost maintains stiffness/protection of the package and product thereof and further allows for printing/other processing thereon.
Claims 13, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey (US Patent 4,433,527), in view of Newman (US Patent 4,648,513), and Kane Jr. (US PGPUB 2004/0173492), as applied to Claims 7 and 10, and in further view of Uttaro (US PGPUB 2010/0263336).
Regarding Claims 13 and 15-16, Ramsey, as modified, discloses several features of the claimed invention including the second seaming and severing element comprises a knife (47) and the pliant mechanism (resilient materials 65-66; Col 3, lines 31-44) comprises pliant anvil supports (65, 66) mounted to a body of the associated roller (39) of the anvil but does not readily disclose:
(1) wherein the anvil has a flat surface opposing the seaming and severing knife in the transitory nip,
(2) wherein the pliant mechanism is configured to enable the knife to displace radially towards the axis of rotation of its associated roller, and (3) wherein the pliant anvil supports comprise spring members that are elastically flexible so to permit the anvil to move radially toward the axis of its associated roller in response to radial force exerted on the anvil by the seaming and severing knife.
Attention is brought to the teachings of Uttaro which includes a process for forming a package including feeding products (20; Figure 2) wrapped in a film (24) into a sealing and cutting station (16) comprising a first seaming and severing element (pressure pad 32; Figure 6) and a second seaming and severing element (upper seal bar 30) mounted on respective rotary drum assemblies (36, 38), wherein the first seaming and severing element (32) forms an anvil and has a flat surface (as shown) opposing the second seaming and severing element (30), comprising a knife (see Figure 2), in a transitory nip, wherein a pliant mechanism (134a-f) is configured to enable the second seaming and severing element (30) to displace radially towards an axis of rotation (140) of its associated drum assembly (36; i.e. Para. 0042), and further comprising pliant pad/anvil supports (136a-c; Figure 5) comprise spring members (136a-c) that are elastically flexible so to permit the pad/anvil to move radially toward the axis (142) of its associated drum assembly (38) in response to radial force exerted on the pad/anvil (32) by the seaming and severing knife (30; Para. 0042).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have further modified the method of Ramsey such that anvil comprises a flat surface, is supported by elastic spring members, and the knife is also supported by a pliant/spring mechanism as taught by Uttaro. By modifying Ramsey in the manner, the anvil and knife can maintain contact for a defined angle of rotation and linear length to thereby create a stronger seal as taught by Uttaro (Para. 0007, 0026, 0041).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Ramsey (US Patent 4,433,527), in view of Newman (US Patent 4,648,513) and Kane Jr. (US PGPUB 2004/0173492), as applied to Claim 7, and in further view of Persson (US PGPUB 2018/0255826).
Regarding Claim 19, Ramsey, as modified, discloses several features of the claimed invention but does not disclose dimensions of the first seaming and severing element and the second sealing and severing element are selected such that a width of the affixed regions is 200 µm to 1000 µm, wherein the width is measured between a location at which affixation between the first and second portions of the film begin on an inside of the affixed regions and an outside severed edge of the affixed regions.
Attention is brought to the teachings of Persson which outlines a method of forming packages (43; Figure 3G) wherein the packages are formed with transverse seals (6; Figure 1) by an anvil (3) and sonotrode (5), which forms a heat seal, wherein the seals range between .1mm (100µm) and 1mm (1000µm ; Para. 0160).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the sealing and severing elements of Ramsey such that the affixed regions comprise a width as taught by Persson. By modifying Ramsey in this manner, the side of the package can be minimized and therefore cost of material can also be minimized.
Note in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). MPEP 2144.05(I)
Claims 7-8, 10-13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Saraf (US PGPUB 2005/0115665) in view of Newman (US Patent 4,648,513), and in further view of Kane Jr. (US PGPUB 2004/0173492).
Regarding Claim 7, Saraf discloses a process for forming individual packages (92; Figure 1) containing a product (78; Figure 2A; Para. 0040), the packages (92) being formed of polymeric film (60; Para. 0048), comprising the steps of:
effecting phased spacing of individual quantities (78) of product being conveyed along a machine direction (126; Para. 0041-0042, 0047);
conveying the spaced individual quantities of product (78) along the machine direction (126);
conveying the wrapped (78 in 60), spaced individual quantities into a seaming and severing unit (20; Figure 1), wherein the seaming and severing unit (20) comprises:
a first roller (28 including shaft 30; Figure 3-4) comprising a first seaming and severing element (28 including bonding member 42 and knife 36); and
a second roller (50; Figures 6-7) comprising a second seaming and severing element (anvil 50 including surfaces 52),
wherein the first and second rollers (28, 50) have axes of rotation (of axles 34) oriented along a cross direction (as shown in Figure 1A);
wherein the first roller (28), the second roller (50), the first seaming and severing element (36, 42) and the second seaming and severing element (52 of 50) are configured such that the first seaming and severing element (36, 42) will contact and oppose the second seaming and severing element (52) along a line of contact oriented in the cross direction, in a transitory nip (56) between the rollers (of 28, 50; see Figure 1A; Para. 0036, 0073); and
wherein at least one of the first roller (of 28), the second roller (of 50), the first seaming and severing element (36, 42) and the second seaming and severing element (52 of 50) is associated with a pliant mechanism (resilient insert member 64 and shaft 30; Para. 0072) configured to enable the first seaming and severing element (36, 42) to displace radially (along 24; Figure 1) toward the axis of rotation of its associated roller (of 28), in response to radial force exerted by the opposing seaming and severing element (52, 50) in the transitory nip (56, Para. 0072);
conveying the wrapped, spaced individual quantities (78) into the transitory nip (Para. 0036, 0064, 0074), and thereby:
compressing first and second portions (74, 76; Figure 2A) of the polymeric film (60) together in the transitory nip (56) and plasticly expressing material thereof away from the transitory nip (56) along the machine direction (126; given the crimping being applied and the types of film material, when the pressure is applied by crimping, material will readily displace as claimed), thereby forming affixed regions (bonded regions 72) wherein the first and second portions (74, 76) of the film are affixed to each other (Para. 0047, 0066), and simultaneously, respective leading and trailing packages are effectively severed from one another (Shown in Figure 1; Para. 0067).
However, Saraf fails to explicitly disclose the product being a feminine hygiene pad product and is silent on effecting phased spacing of individual quantities such that the individual quantities of product are regularly spaced apart along the machine direction and is further silent on conveying the spaced product into a flow wrapping unit and flow wrapping the spaced individual quantities in the polymeric film along the machine direction.
First, attention is brought to the teachings of Newman which includes a package forming process (Figure 14) for forming a package (36; Figure 8, 14) comprising a feminine hygiene pad product (tampon 38) in a continuous strip of polymeric film (50; Col 3, line 65 through Col 4, line 10).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized the process of Saraf to package a feminine hygiene pad product as taught by Newman. By packaging a feminine hygiene pad in the process of Saraf, packages of such product can be formed efficiently and at high speed without excessive breakage as taught by Saraf (Para. 0078).
Further, attention can be brought to the teachings of Kane Jr. which includes another system and method for flow wrapping an product (36; Figure 3) which is fed into a flow wrapping unit/station (35) at an effected regular spacing along the machine direction (Para. 0103).
Saraf mentions continuously bonding the wrapped film and use of “suitable wrapping or folding systems are well known” (Para. 0043). It would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to have utilized a flow wrapping step and unit as taught by Kane Jr. in the method/system of Saraf. By modifying Saraf in this manner, the process can be rendered continuous as taught by Kane Jr. (Para. 0009) and thereby increasing throughput of the system. It is noted that this is a common benefit of flow wrapping.
It would have been obvious to one ordinary skill in the art at the time the invention was effectively filed to have effectuated a regular spacing as taught by Kane Jr. of the products of Saraf to be packaged. By modifying Saraf in this manner, the feeding/input of the products can be driven in a timed relationship with the web/wrapper corresponding to the size of the wrapper as taught by Kane Jr. (Para. 0103, 0108).
Regarding Claim 8, Saraf, as modified, discloses the first seaming and severing element (36, 42) is a seaming and severing knife (36, 42; Para. 0034).
Regarding Claim 10, Saraf, as modified, discloses the second seaming and severing elements is an anvil (50; Para. 0036).
Regarding Claim 11, Saraf, as modified, discloses the anvil (50) has a substantially flat acting surface (52 shown as “substantially flat” in Figures 6-7) opposing seaming and severing knife (36, 42) in the transitory nip (56; Para. 0073).
Regarding Claim 12, Saraf, as modified, discloses at least one of the first roller (of 28), the second roller (of 50), the first seaming and severing element (36, 42) and the second seaming and severing element (52) is associated with a heating element (100; Figures 3, 7) configured to heat acting surface of the first seaming and severing element (36, 42) and the second seaming and severing element (52; Para. 0080).
Regarding Claim 13, Saraf, as modified, discloses the anvil (50) has a flat surface (52 shown as “substantially flat” in Figures 6-7) opposing the seaming and severing knife (36, 42) in the transitory nip (56; Para. 0073).
Regarding Claim 17, Saraf, as modified, discloses the pliant mechanism (resilient insert member 64 and shaft 30; Para. 0072) has a spring constant (the resilient nature of insert 64 will readily comprise a spring constant given the elastic nature thereof), wherein a value of the spring constant is selected to cause complete expression of the first and second portions (74, 76) of the film (60) from the transitory nip without causing excessive resistance to rotation through the transitory nip (see Para. 0072 as the insert will provide a resilient/elastic force when engaged and based on the cutting and pressure applied the material is completely expressed and further based on the apparatus capable of such operation, the expression must not cause the “excessive resistance”). .
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Saraf (US PGPUB 2005/0115665) in view of Newman (US Patent 4,648,513) and Kane Jr. (US PGPUB 2004/0173492), as applied to Claims 7 and 10, and in further view of Uttaro (US PGPUB 2010/0263336).
Regarding Claims 15-16, Saraf, as modified, discloses several features of the claimed invention including the second seaming and severing element comprises a knife (36) but does not readily disclose:
(1) the pliant mechanism (resilient materials 65-66; Col 3, lines 31-44) comprises pliant anvil supports (65, 66) mounted to a body of the associated roller (39) of the anvil wherein the pliant mechanism is configured to enable the knife to displace radially towards the axis of rotation of its associated roller, and (2) wherein the pliant anvil supports comprise spring members that are elastically flexible so to permit the anvil to move radially toward the axis of its associated roller in response to radial force exerted on the anvil by the seaming and severing knife.
Attention is brought to the teachings of Uttaro which includes a process for forming a package including feeding products (20; Figure 2) wrapped in a film (24) into a sealing and cutting station (16) comprising a first seaming and severing element (pressure pad 32; Figure 6) and a second seaming and severing element (upper seal bar 30) mounted on respective rotary drum assemblies (36, 38), wherein the first seaming and severing element (32) forms an anvil and has a flat surface (as shown) opposing the second seaming and severing element (30), comprising a knife (see Figure 2), in a transitory nip, wherein a pliant mechanism (134a-f) is configured to enable the second seaming and severing element (30) to displace radially towards an axis of rotation (140) of its associated drum assembly (36; i.e. Para. 0042), and further comprising pliant pad/anvil supports (136a-c; Figure 5) comprise spring members (136a-c) that are elastically flexible so to permit the pad/anvil to move radially toward the axis (142) of its associated drum assembly (38) in response to radial force exerted on the pad/anvil (32) by the seaming and severing knife (30; Para. 0042).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have further modified the method of Saraf such that the anvil is supported by elastic spring members and the knife is also supported by a pliant/spring mechanism as taught by Uttaro. By modifying Saraf in the manner, the anvil and knife can maintain contact for a defined angle of rotation and linear length to thereby create a stronger seal as taught by Uttaro (Para. 0007, 0026, 0041).
Allowable Subject Matter
Claims 21-26 are allowed.
Claim 9 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claims 9, 14 and 21, none of the prior art references, alone or in combination, disclose or render obvious the combination of limitations outlined by each claim.
A combination of Ramsey (US Patent 4,433,527) or Saraf (US PGPUB 2005/0115665), Newman (US Patent 4,648,513), and Kane Jr. (US PGPUB 2004/0173492) disclose and/or render obvious several features of the claimed invention including the packages comprising feminine hygiene pads (as taught by Newman).
However, neither Ramsey, Saraf, Newman, or Kane Jr. disclose and/or render obvious the claimed edge radius of 2mm to 5mm.
Further, Fosshage (US Patent 5,894,709) teaches selecting a knife radius based on factors associated with the film and packaging and Peregi (US PGPUB 2019/0366646) teaches a similar knife radius to that as claimed and even further one can look to Coleman (US Patent 5,546,732) which outlines a blade (of 120; Figures 1, 15, 16) radius of 1/64in to 3/32in (about .4mm to 2.4mm; Col 5, lines 13-18).
However, neither Peregi or Coleman disclose the knife being mounted on a roller or of a rotary type and it would not have been obvious to further modify the process and system of Ramsey or Saraf to comprise the knife edge radius without the use of improper hindsight as motivation.
This feature in combination with the other claimed features including the product being a feminine hygiene pad, the steps of flow wrapping and the details of the seaming and severing unit comprising first and second rollers with the details as claimed render the claimed inventions allowable over the prior art.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Response to Arguments
Applicant's arguments filed 5/26/2026 have been fully considered but they are not persuasive.
Applicant’s arguments appear to be drawn to the Examiner’s reasons for allowable subject matter in the last office action specifically drawn to the incorporation of the feminine hygiene packages being a limitation. However, Examiner respectfully asserts that the limitation of the feminine hygiene package was, by itself, was not the only reason the claims were indicated as allowable. It was the combination of such a limitation with the other limitations of Claim 9 (of Claim 1 and the radius of Claim 9) that rendered the claim allowable over the prior art.
As outlined in the rejections above, the incorporation of the limitation of the product being a feminine hygiene pad does not render Claim 7 allowable over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See “Notice of References Cited”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
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, Shelley Self can be reached at 571-272-4524. 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.
/JOSHUA G KOTIS/Examiner, Art Unit 3731 6/10/2026
Prosecution Insights