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
Claim(s) 1-20 is/are pending in the application.
Claim(s) 1-20 is/are examined on the merits.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 07/20/2023. It is noted, however, that applicant has not filed a certified copy of the PCT/CN2023/108270 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 09/11/2025 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first MD wicking length”, “second MD wicking length”, and “first wicking area” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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.
Claim(s) 1-5, 7, 10-12, 14, and 16 is/are rejected under 35 U.S.C 103 as being unpatentable over in Kamphus (US PGPUB 20210290455) in view of Kawahara (US PGPUB 20220143575).
Regarding claim 1, Kamphus discloses an absorbent core for use in an absorbent article (an absorbent core 28: Abstract and Fig. 2), the absorbent core extending in a transversal direction (a transversal direction x: Figs. 1-2) and a longitudinal direction (a longitudinal direction y: Figs. 1-2) and having a thickness in a vertical direction perpendicular to the transversal direction and longitudinal direction (z direction: ¶0036 and Fig. 2a), the absorbent core (28) comprising:
a liquid-permeable top cover layer (a liquid-permeable top layer 41: ¶0047 and Figs. 2a-c);
a bottom cover layer (a bottom layer 42: ¶0047 and Figs. 2a-c); and
an absorbent layer disposed between the top cover layer and the bottom cover layer ((43+60+60’) disposed between layers 41 and 42: ¶0038-0039, 0046; and Figs. 2a-c), the absorbent layer comprising superabsorbent polymer particles (SAP particles 60 and 60’: ¶0006, 0046, and Figs. 2a-c).
Kamphus does not disclose the top cover layer comprises pulp.
In the same field of endeavor, absorbent articles, Kawahara discloses an absorbent article 100 comprising an absorber 10, core wraps 20a and 20 b, a liquid permeable top sheet 30, and a liquid impermeable back sheet 40 (¶0098 and Fig. 1). Kawahara further discloses the liquid permeable top sheet 30 comprising fibers such as pulp (¶0104) for the benefit of providing permeability, flexibility, and strength for the liquid permeable top sheet (¶0104).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent core of Kamphus in view of Kawahara by selecting pulp as a material of the liquid-permeable top cover layer, in order to provide permeability, flexibility, and strength for the liquid-permeable top cover layer, as suggested in ¶0104 of Kawahara and as it has been held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Kamphus/Kawahara does not disclose the claimed MD tensile strength, first MD wicking length, and second MD wicking length values However, since the absorbent core of Kamphus in view of Kawahara has the same materials and structure as the claimed absorbent core, the properties of the absorbent core (MD tensile strength, first MD wicking length, and second MD wicking length values) are presumed to be inherent (MPEP § 2112.01 (I)).
Examiner notes that the measurement/testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the measurement/testing method.
Regarding claim 2, Kamphus/Kawahara does not disclose the first MD wicking length is at least about 100 mm. However, since the absorbent core of Kamphus in view of Kawahara has the same materials and structure as the claimed absorbent core, the property of the absorbent core (the first MD wicking length is at least about 100 mm) is presumed to be inherent (MPEP § 2112.01 (I)).
Regarding claim 3, Kamphus further discloses the absorbent layer comprises a central nonwoven sheet having a top surface oriented towards the top cover layer and a bottom surface oriented towards the bottom cover layer (a central layer 43 having a top surface oriented towards the top cover layer 41 and a bottom surface oriented towards the bottom cover layer 42: ¶0038-0039 and Figs. 2a-c), wherein at least part of the superabsorbent polymer particles is deposited on at least one of the top surface and the bottom surface of the central nonwoven sheet (Figs. 2a-c).
Regarding claim 4, Kamphus further discloses the central nonwoven sheet comprises a high loft carded nonwoven (¶0006 and 0041).
Regarding claim 5, Kamphus further discloses the absorbent layer is substantially free of free cellulose fibers (¶0039).
Regarding claim 7, Kamphus/Kawakara discloses the top cover layer comprising pulp (see rejection of claim 1 above).
Kamphus further disclose the top cover layer comprising viscose fibers (¶0008).
Regarding claims 10-11, Kamphus does not disclose the top cover layer of the absorbent core further comprising synthetic fibers or wetlaid nonwoven material; however, Kamphus discloses/suggests a liquid permeable topsheet 36 of the absorbent article comprising synthetic fibers or wetlaid nonwoven material for the benefits of providing the topsheet that is compliant, soft-feeling, and non-irritating to the wearer's skin and permitting liquids to readily penetrate through its thickness (¶0102).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus by selecting synthetic fibers or wetlaid nonwoven as a material of the top cover layer, in order to provide compliant, soft-feeling, and non-irritating top cover layer and permit liquids to penetrate into absorbent core, as suggested in ¶0102 of Kamphus and as it has been held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Regarding claim 12, Kamphus/Kawahara does not disclose the top cover layer has a first wicking area and the first MD wicking area is at least about 100 mm2. However, a person having ordinary skill in the art would have understood that having a larger wicking area of the top cover layer helps liquid to distribute over the top cover layer and be efficiently absorbed by the absorbent core.
Absent a showing of criticality, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus by providing a first wicking area for the top cover layer and having the claimed first wicking area, motivated by the desires to help liquid to distribute over the top cover layer and be efficiently absorbed by the absorbent core.
Regarding claim 14, Kamphus does not disclose the bottom cover layer comprising spunbond nonwoven material.
Kawakara further discloses the liquid impermeable back sheet 40 comprising spunbond non-woven material (¶0108) for the benefit of preventing liquid from leaking to the outside of the backsheet 40 (¶0108).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus in view of Kawakara by selecting spunbond nonwoven as a material of the bottom cover layer, in order to prevent liquid from leaking to the outside of the bottom cover layer, as suggested in ¶0108 of Kawakara and as it has been held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Regarding claim 16, Kamphus further discloses an absorbent article (an absorbent article 20: ¶0101 and Fig. 5) comprising a topsheet, a backsheet, and the absorbent core disposed between the topsheet and the backsheet (a topsheet 36, a backsheet 38, and the absorbent core 28b disposed between the topsheet 36 and the backsheet 38: ¶0101 and Fig. 5).
Claim(s) 6 and 8is/are rejected under 35 U.S.C 103 as being unpatentable over in Kamphus (US PGPUB 20210290455) in view of Kawahara (US PGPUB 20220143575), as applied to claim 1 above, and further in view of Rosati (US PGPUB 20170065460).
Regarding claim 6, Kamphus/Kawakara does not disclose the top cover layer comprising absorbent fibers in a concentration of at least about 80% by weight of the top cover layer.
In the same field of endeavor, absorbent articles, Rosati discloses an absorbent article 20 comprising a tissue layer 17, an absorbent core 28m and a backsheet 25 (¶0253 and Fig. 2). Rosati further discloses the tissue layer 17 acting as a barrier layer and comprising wet-laid three-dimensional fibrous substrate 120 comprising at least 80% absorbent/pulp fibers by weight of the wet-laid three-dimensional fibrous substrate 120 (¶0261; thus, the taught weight percent range is within the claimed weight percent range) for the benefit of providing some absorbency properties which can improve fluid handling properties of the absorbent article (¶0261).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus/Kawakara in view of Rosati by having absorbent fibers in a concentration of at least about 80% by weight of the top cover layer, in order to provide some absorbency properties which can improve fluid handling properties of the absorbent article, as suggested in ¶0261 of Rosati and as it has been held that a prima facie case of obviousness exists when the claimed ranges overlap or lie inside ranges disclosed by the prior art (See MPEP 2144.05 (I)).
Regarding claim 8, Kamphus/Kawakara does not disclose the top cover layer comprising pulp in an amount of at least about 30% by weight of the top cover layer.
Rosati further discloses the tissue layer 17 acting as a barrier layer and comprising wet-laid three-dimensional fibrous substrate 120 comprising at least 80% absorbent/pulp fibers by weight of the wet-laid three-dimensional fibrous substrate 120 (¶0261; thus, the taught weight percent range overlaps the claimed weight percent range) for the benefit of providing some absorbency properties which can improve fluid handling properties of the absorbent article (¶0261).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus/Kawakara in view of Rosati by having pulp in the top cover layer in a concentration of at least about 30% by weight of the top cover layer, in order to provide some absorbency properties which can improve fluid handling properties of the absorbent article, as suggested in ¶0261 of Rosati and as it has been held that a prima facie case of obviousness exists when the claimed ranges overlap or lie inside ranges disclosed by the prior art (See MPEP 2144.05 (I)).
Claim(s) 9 is/are rejected under 35 U.S.C 103 as being unpatentable over in Kamphus (US PGPUB 20210290455) in view of Kawahara (US PGPUB 20220143575), as applied to claim 1 above, and further in view of Ishikawa (US PGPUB 20250205093).
Regarding claim 9, Kamphus/Kawakara does not disclose the top cover layer consists essentially of absorbent fibers.
In the same field of endeavor, absorbent articles, Ishikawa discloses an absorbent product 1 comprising a top sheet 21, an absorbent core 22, and a back sheet 23 (¶0044 and Figs. 1-3). Ishikawa further discloses the absorbent core 22 is a sheet fiber assembly of pulp fiber (¶0052: A person having ordinary skill in the art would have understood that a sheet assembly comprising a top surface/layer and the top surface/layer comprising 100% pulp fiber) for the benefit of providing high absorbent material to absorb moisture (¶0047 and 0052).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus in view of Ishikawa by having the top cover layer with essentially of absorbent fibers, in order to provide high absorbent material to absorb moisture, as suggested in ¶0047 and 0052 of Ishikawa.
Claim(s) 13 is/are rejected under 35 U.S.C 103 as being unpatentable over in Kamphus (US PGPUB 20210290455) in view of Kawahara (US PGPUB 20220143575), as applied to claim 1 above, and further in view of Yuan (US PGPUB 20200146902).
Regarding claim 13, Kamphus/Kawakara does not disclose the bottom cover layer comprising synthetic fibers.
In the same field of endeavor, absorbent articles, Yuan discloses an absorbent article 100 comprising an absorber 10, core wraps 20a and 20b, a liquid permeable top sheet 30, and a liquid impermeable back sheet 40 (¶0098 and Fig. 2). Yuan further discloses the core wraps 20a and 20b comprising synthetic fibers (¶0046) for the benefit of covering the body facing side of the absorbent core that is desirable for material to be hydrophilic (¶0048).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus/Kawakara in view of Yuan by selecting synthetic fibers as a material of the bottom cover layer, in order to provide some absorbency properties which can improve fluid handling properties of the absorbent article, as suggested in ¶0048 of Yuan and as it has been held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Claim(s) 15 is/are rejected under 35 U.S.C 103 as being unpatentable over in Kamphus (US PGPUB 20210290455) in view of Kawahara (US PGPUB 20220143575), as applied to claim 1 above, and further in view of Rosati (US PGPUB 20190365849).
Regarding claim 15, Kamphus/Kawakara does not disclose the bottom cover layer comprising at least one longitudinally-extending channel substantially free of superabsorbent polymer particles.
In the same field of endeavor, absorbent articles, Rosati discloses an absorbent structure 13 comprising a supporting sheet 16 and an absorbent layer 17 (¶0011 and Fig. 2A). Rosati further discloses the absorbent layer 17 comprising at least a substantially longitudinally extending channel 26 and the channel 26 being substantially free of said superabsorbent polymer material (¶0011) for the benefits of achieving improved liquid transport, faster acquisition, and more efficient liquid absorbency over the whole absorbent structure (¶0009).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus/Kawakara in view of Rosati by incorporating at least one longitudinally-extending channel substantially free of superabsorbent polymer particles, in order to achieve improved liquid transport, faster acquisition, and more efficient liquid absorbency over the whole absorbent structure, as suggested in ¶0009 of Rosati.
Claim(s) 17-18 is/are rejected under 35 U.S.C 103 as being unpatentable over in Kamphus (US PGPUB 20210290455) in view of Kawahara (US PGPUB 20220143575) and Rosati (US PGPUB 20170065460).
Regarding claim 17, Kamphus discloses an absorbent core for use in an absorbent article (an absorbent core 28: Abstract and Fig. 2), the absorbent core extending in a transversal direction (a transversal direction x: Figs. 1-2) and a longitudinal direction (a longitudinal direction y: Figs. 1-2) and having a thickness in a vertical direction perpendicular to the transversal direction and longitudinal direction (z direction: ¶0036 and Fig. 2a), the absorbent core (28) comprising:
a liquid-permeable top cover layer (a liquid-permeable top layer 41: ¶0047 and Figs. 2a-c);
a bottom cover layer (a bottom layer 42: ¶0047 and Figs. 2a-c); and
an absorbent layer ((43+60+60’): ¶0038-0039, 0046; and Figs. 2a-c) comprising superabsorbent polymer particles (SAP particles 60 and 60’: ¶0006, 0046, and Figs. 2a-c).
Kamphus does not disclose the top cover layer comprises first absorbent fibers and second absorbent fibers, the second absorbent fibers being different from the first absorbent fibers.
In the same field of endeavor, absorbent articles, Kawahara discloses an absorbent article 100 comprising an absorber 10, core wraps 20a and 20 b, a liquid permeable top sheet 30, and a liquid impermeable back sheet 40 (¶0098 and Fig. 1). Kawahara further discloses the liquid permeable top sheet 30 comprising first absorbent fibers and second absorbent fibers (pulp and synthetic fibers: ¶0104) for the benefit of providing permeability, flexibility, and strength for the liquid permeable top sheet (¶0104).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the absorbent core of Kamphus in view of Kawahara by selecting first absorbent fibers and second absorbent fibers as materials of the liquid-permeable top cover layer, in order to provide permeability, flexibility, and strength for the liquid-permeable top cover layer, as suggested in ¶0104 of Kawahara and as it has been held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07).
Kamphus/Kawahara does not disclose the total amount of the first absorbent fibers and the second absorbent fibers is at least about 70% by weight of the top cover layer.
In the same field of endeavor, absorbent articles, Rosati discloses an absorbent article 20 comprising a tissue layer 17, an absorbent core 28m and a backsheet 25 (¶0253 and Fig. 2). Rosati further discloses the tissue layer 17 acting as a barrier layer and comprising wet-laid three-dimensional fibrous substrate 120 comprising at least 80% absorbent/pulp fibers by weight of the wet-laid three-dimensional fibrous substrate 120 (¶0261; thus, the taught weight percent range overlaps the claimed weight percent range) for the benefit of providing some absorbency properties which can improve fluid handling properties of the absorbent article (¶0261).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus in view of Rosati by having the total amount of the first absorbent fibers and the second absorbent fibers at least about 70% by weight of the top cover layer, in order to provide some absorbency properties which can improve fluid handling properties of the absorbent article, as suggested in ¶0261 of Rosati and as it has been held that a prima facie case of obviousness exists when the claimed ranges overlap or lie inside ranges disclosed by the prior art (See MPEP 2144.05 (I)).
Regarding claim 18, Kamphus further discloses the absorbent layer comprising a central nonwoven sheet having a top surface oriented towards the top cover layer and a bottom surface oriented towards the bottom cover layer (a central layer 43 having a top surface oriented towards the top cover layer 41 and a bottom surface oriented towards the bottom cover layer 42: ¶0038-0039 and Figs. 2a-c), wherein at least part of the superabsorbent polymer particles is deposited on at least one of the top surface and the bottom surface of the central nonwoven sheet (Figs. 2a-c).
Claim(s) 19 is/are rejected under 35 U.S.C 103 as being unpatentable over in Kamphus (US PGPUB 20210290455) in view of Kawahara (US PGPUB 20220143575) and Rosati (US PGPUB 20170065460), as applied to claim 17 above, and further in view of Ishikawa (US PGPUB 20250205093).Regarding claim 19, Kamphus/Kawahara/Rosati does not disclose the top cover layer comprising pulp in an amount of at least about 30% by weight of the top cover layer.
In the same field of endeavor, absorbent articles, Ishikawa discloses an absorbent product 1 comprising a top sheet 21, an absorbent core 22, and a back sheet 23 (¶0044 and Figs. 1-3). Ishikawa further discloses the absorbent core 22 is a sheet fiber assembly of pulp fiber (¶0052: A person having ordinary skill in the art would have understood that a sheet assembly comprising a top surface/layer and the top surface/layer comprising pulp in an amount of at least 30% by weight of the top surface/layer) for the benefit of providing high absorbent material to absorb moisture (¶0047 and 0052).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have further modified the absorbent core of Kamphus in view of Ishikawa by having the top cover layer comprising pulp in an amount of at least about 30% by weight of the top cover layer, in order to provide high absorbent material to absorb moisture, as suggested in ¶0047 and 0052 of Ishikawa.
Regarding claim 20, Kamphus/Kawahara/Rosati/Ishikawa does not disclose the top cover layer comprising an MD tensile strength at least about 12N. However, since the absorbent core of Kamphus in view of Kawahara/Rosati/Ishikawa has the same materials and structure as the claimed absorbent core, the property of the absorbent core (MD tensile strength at least about 12N) is presumed to be inherent (MPEP § 2112.01 (I)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHU Q TRAN whose telephone number is (571)272-2032. The examiner can normally be reached Monday-Thursday 8:00-5:00 (PST).
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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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/NHU Q. TRAN/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781
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