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 .
Specification
The disclosure is objected to because of the following informalities:
the “CROSS REFERENCE TO RELATED APPLICATIONS” section on page 1 should be updated with U.S. Patent No.(s) for the U.S. Application No.(s) listed that are now patents.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,059,329. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-15 of U.S. Patent No. 12,059,329 fully encompass claims 1-15 of the instant application (and including claim 1 of U.S. Patent No. 12,059,329 teaching (while not identical) encompassing limitations of “separating the elastic strands from each other by about 0.5 mm to about 3 mm in a cross direction”, “bonding discrete lengths of the stretched elastic strands with and between the first substrate and the second substrate”, and “bonding the first substrate and the second substrate directly to each other with second bonds extending in the machine direction between consecutive first bonds, wherein the second bonds are separated from each other in the cross direction by at least one elastic strand”).
Claims 1-13 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,654,060. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 11,654,060 fully encompass claims 1- 13 and 15 of the instant application (and including claim 1 of U.S. Patent No. 11,654,060 teaching (while not identical) encompassing limitations of “providing elastic strands comprising a decitex less than about 300, wherein the elastic strands comprise a spin finish”, “separating the elastic strands from each other by about 0.5 mm to about 3 mm in a cross direction”, “bonding discrete lengths of the stretched elastic strands with and between the first substrate and the second substrate”, and “bonding the first substrate and the second substrate directly to each other with second bonds extending in the machine direction between consecutive first bonds, wherein the second bonds are separated from each other in the cross direction by at least one elastic strand”).
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,654,060 in view of Schneider et al. (U.S. Patent Application Publication 2013/0255864). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 11,654,060 fully encompass claim 14 of the instant application but for a specific teaching the first bonds correspond with side seams (of claim 19) are of a diaper pant wherein conventional and predictable side seams of elastomeric laminate (wherein discrete bond regions correspond with the side seams) are well understood by one of ordinary skill in the art to include of a diaper pant as evidenced by Schneider (Figures 4 and 5H and Paragraph 0112). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the first bonds correspond with side seams as taught by claims 1-20 of U.S. Patent No. 11,654,060 are of a diaper pant as are the conventional and predictable type article for such side seams as evidenced by Schneider.
Allowable Subject Matter
Claims 1-15 would be allowable in view of a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) to overcome the rejections based on nonstatutory double patenting set forth above (i.e. provided the reference patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement see paragraphs 3-6 above).
The following is a statement of reasons for the indication of allowable subject matter:
Hansen et al. (U.S. Patent 4,640,859) discloses a method of manufacturing a sheet material including providing elastomeric strands of 360 denier wound under tension onto a beam, advancing the elastomeric strands, separating the elastomeric strands (about 4 strands/cm), stretching the elastomeric strands, and bonding the elastomeric strands to cover webs (Column 2, lines 26-27 and Column 3, line 44 to Column 4, line 11).
Mleziva et al. (U.S. Patent Application Publication 2007/0141311) discloses a method for making a differentially-stretched elastic laminate including stretching elastic members, wherein a first elastic member (22) is stretched to a first elongation and a second elastic member (24) is stretched to a second elongation, wherein the first elongation is different than the second elongation and attaching the elastic members to facing layer substrates (Figure 9 and Paragraphs 0060 and 0063).
Ando et al. (U.S. Patent Application Publication 2006/0270302) discloses a method for making an extensible member including bonding discrete lengths of stretched elastic members (4 and including the stretch ratio or stretch stress may vary between elastic members) between a first sheet material (2) and a second sheet material (3) with discrete first bonds/end seals (11) arranged intermittently along a machine direction, wherein the first bonds comprise adhesive; and bonding the first sheet material and the second sheet material directly to each other with second bonds/fusion joints (5) extending in the machine direction between consecutive first bonds, wherein the second bonds are separated from each other in the cross direction by at least one elastic member and have a length of 0.5 to 20 mm so that the elastic members are separated from each other by 0.5 to 20 mm in a cross direction (Figure 1 and Paragraphs 0045, 0063, 0072, 0121, 0135, and 0145).
Schneider et al. (U.S. Patent Application Publication 2013/0255864) discloses a method for continuously making absorbent articles including adhesion strength can be varied by the basis weight in which adhesive is applied for a given type of adhesive to control the rate of retraction or snap back from severed elastic ends (Paragraphs 0061 and 0094).
The prior art of record (alone or in combination) fails to teach or suggest a method for making an elastomeric laminate as claimed and including the steps of providing elastic strands comprising a decitex less than about 300, wherein a first elastic strand is supplied at a first tension and a second elastic strand is supplied at a second tension, and wherein the first tension is not equal to the second tension; and wherein the first bonds (bonding discrete lengths of the stretched elastic strands between the first substrate and the second substrate) comprise adhesive comprising a first basis weight, wherein the second bonds (bonding the first substrate and the second substrate directly to each other) comprise adhesive having a second basis weight, and wherein the second basis weight is less than the first basis weight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN L GOFF II whose telephone number is (571)272-1216. The examiner can normally be reached 7:30 AM - 4:00 PM EST Monday - Friday.
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/JOHN L GOFF II/Primary Examiner, Art Unit 1746