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 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.
Claim(s) 1-2, 9-16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coles et al. (5,462,537) in view of Fites et al. (2017/0056255).
With respect to claim 1, Coles discloses a disposable absorbent article, as shown in figure 1, comprising a topsheet 24, a backsheet 26, and an absorbent core structure 13. The absorbent core structure comprises an upper and lower nonwoven layer, a tissue wrap, as disclosed in column 6, line 35. The absorbent core structure further comprises an inner core layer 3 comprising from about 50-85% cellulosic fibers by weight and about 15-50% superabsorbent particles by weight, as disclosed in column 9, lines 26-28, and column 10, lines 11-16. The inner core layer is profiled in a longitudinal and lateral direction, as shown in figure 1, as defined by a central absorbent zone 13b and an outer absorbent zone 13a, 13d, as shown in figure 2. The central absorbent zone has a first basis weight and the outer absorbent zone has a second basis weight, wherein the first basis weight is greater than the second basis weight, as disclosed in column 9, lines 21-25. The inner core layer has a uniform density within the range of 0.045-0.150 g/cm3, as disclosed in column 9, lines 16-17 and 34-36, and therefore the first average density in the central zone and the second average density in the outer zone are within about 0% of each other.
Coles discloses all aspects of the claimed invention with the exception of the upper nonwoven layer comprising polymer fibers and having a basis weight from about 30-85 gsm and the lower nonwoven layer comprising polymer fibers and having a basis weight from about 10-40 gsm. Fites teaches that a suitable material for the inner and outer nonwoven layers of an absorbent core structure comprise polymer fibers and have a basis weight of about 40 gsm, as disclosed in paragraphs [0080] and [0082]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the upper and lower core layers of Coles from polymer fibers and having a basis weight of about 40 gsm, as taught by Fites, to achieve the predictable result of using a known material suitable for use as a core wrap.
With respect to claim 2, the inner core layer 3 of Coles is unitary, as shown in figure 2.
With respect to claim 9, modified Coles discloses all aspects of the claimed invention with the exception of the upper nonwoven layer having a Permanent Strain of about 0.005-0.013 mm/mm. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the upper nonwoven layer of Coles with a Permanent Strain of about 0.005-0.013 mm/mm to achieve the predicable result of a core wrap that does not tear under strain or pressure during use.
With respect to claim 10, modified Coles discloses all aspects of the claimed invention with the exception of the upper nonwoven layer having a thickness at 70 g/cm2 pressure from about 0.2-.07 mm. It is well-known in the art that thin absorbent articles are more comfortable for the wearer. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the upper nonwoven layer of Coles with a thickness at 70 g/cm2 pressure from about 0.2-.07 mm to achieve the predictable result of a thinner, more comfortable article.
With respect to claims 11-12, modified Coles discloses all aspects of the claimed invention with the exception of the polymer fibers of the upper nonwoven layer having a length of from about 10-100 mm and a fiber diameter of about 2.0-10 dtex. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the upper nonwoven layer of Coles with polymer fibers having a length of from about 10-100 mm and a fiber diameter of about 2.0-10 dtex to achieve the predictable result of a core wrap that has a fiber structure sufficient to contain the inner absorbent layer.
With respect to claims 13 and 16, Coles discloses a disposable absorbent article, as shown in figure 1, comprising a topsheet 24, a backsheet 26, and an absorbent core structure 13. The absorbent core structure comprises an upper and lower nonwoven layer, a tissue wrap, as disclosed in column 6, line 35. The absorbent core structure further comprises an inner core layer 3 comprising from about 50-85% cellulosic fibers by weight and about 15-50% superabsorbent particles by weight, as disclosed in column 9, lines 26-28, and column 10, lines 11-16. The inner core layer is profiled in a longitudinal and lateral direction, as shown in figure 1, as defined by a central absorbent zone 13b and an outer absorbent zone 13a, 13d, as shown in figure 2. The central absorbent zone has a first basis weight and the outer absorbent zone has a second basis weight, wherein the first basis weight is greater than the second basis weight, as disclosed in column 9, lines 21-25. The inner core layer has a uniform density within the range of 0.045-0.150 g/cm3, as disclosed in column 9, lines 16-17 and 34-36, and therefore the first average density in the central zone and the second average density in the outer zone are within about 0% of each other. The inner core layer 3 is a unitary structure, as shown in figure 1.
Coles discloses all aspects of the claimed invention with the exception of the upper nonwoven layer comprising polymer fibers and having a basis weight from about 35-85 gsm and the lower nonwoven layer comprising polymer fibers and having a basis weight from about 10-40 gsm. Fites teaches that a suitable material for the inner and outer nonwoven layers of an absorbent core structure comprise polymer fibers and have a basis weight of about 40 gsm, as disclosed in paragraphs [0080] and [0082]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the upper and lower core layers of Coles from polymer fibers and having a basis weight of about 40 gsm, as taught by Fites, to achieve the predictable result of using a known material suitable for use as a core wrap.
With respect to claim 14, modified Coles discloses all aspects of the claimed invention with the exception of the article exhibiting an MD Bending Modulus in the central and outer absorbent zones of from about 0.03-0.18 N/mm2. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the article of Coles with an MD Bending Modulus in the central and outer absorbent zones of from about 0.03-0.18 N/mm2 to achieve the predictable result of an article that is flexible enough to conform to the wearer for improved fit and comfort, while still stiff enough to maintain structural integrity during use.
With respect to claim 15, modified Coles discloses all aspects of the claimed invention with the exception of the caliper of the central absorbent zone being from about 2.5-6 mm. It is well-known in the art that thin absorbent articles are more comfortable for the wearer. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the central absorbent zone of Coles with a caliper from about 2.5-6 mm to achieve the predictable result of a thinner, more comfortable article.
With respect to claim 19, modified Coles discloses all aspects of the claimed invention with the exception of the article exhibiting an Energy of Z-Compression measured in the central and outer absorbent zones of from about 3.0-8.0 N.mm. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the article of Coles with an Energy of Z-Compression measured in the central and outer absorbent zones of from about 3.0-8.0 N.mm to achieve the predictable result of an article that can be compressed enough to not feel too stiff against the skin of a wearer while maintaining structural integrity during use.
With respect to claim 20, Coles discloses the central absorbent zone 13c, 13b comprises a transition zone, as shown in figure 2, wherein the thickness, as therefore basis weight, of the inner core layer 3 gradually decreases. While Coles does not explicitly disclose the transition zone comprising a width of about 1-5 mm, it would have been obvious to one of ordinary skill in the art at the time of the invention to make the width of the transition zone about 1-5 mm, since such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, 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).
Claim(s) 3-5 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coles et al. (5,462,537) in view of Fites et al. (2017/0056255), and further in view of Chen et al. (6,673,982).
With respect to claims 3 and 17, modified Coles discloses all aspects of the claimed invention with the exception of the central absorbent zone comprising a pair of inwardly concave longitudinal side edges and outwardly convex front and rear edges. Chen teaches an absorbent core having a central absorbent zone with a pair of inwardly concave longitudinal side edges and outwardly convex front and rear edges, as shown in figure 5A, and the concours of the central absorbent zone provide improved body fit and comfort, as disclosed in column 49, lines 24-26. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the central absorbent zone of Coles with a pair of inwardly concave longitudinal side edges and outwardly convex front and rear edges, as taught by Chen, to improve body fit and comfort.
With respect to claims 4 and 18, modified Coles discloses all aspects of the claimed invention with the exception of the central absorbent zone comprising a front region having a first lateral width, a rear region having a third lateral width, and a middle region having a second lateral width that is less than the first and third lateral widths. Chen teaches that contouring the central absorbent zone such that a front region having a first lateral width, a rear region having a third lateral width, and a middle region having a second lateral width that is less than the first and third lateral widths improves body fit and comfort, as disclosed in column 49, lines 24-26. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the central absorbent zone of Coles with a front region having a first lateral width, a rear region having a third lateral width, and a middle region having a second lateral width that is less than the first and third lateral widths, as taught by Chen, to improve body fit and comfort.
With respect to claim 5, modified Coles discloses all aspects of the claimed invention with the exception of the third lateral width being greater than the first and second lateral widths. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the central absorbent zone of Coles with a third lateral width in the rear region that is greater than the first and second lateral widths to achieve the predictable result of increased absorptive capacity in the rear part of the article to improve leakage protection.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coles et al. (5,462,537) in view of Fites et al. (2017/0056255), and further in view of Kato et al. (9,192,527).
With respect to claims 6-7, modified Coles discloses all aspects of the claimed invention with the exception of a plurality of structural bond sites having a bond area from about 2-5 mm2, a total structural bond area of about 1-4% of the absorbent core, and an average distance between bond sites of about 10-32 mm. Kato discloses providing the absorbent core of an absorbent article with a plurality of structural bond sites 70, as shown in figure 1, the bond sites having a bond area of about 2 mm2, as disclosed in column 6, lines 19-22. The total structural bond area is 3%, as disclosed in column 6, lines 35-36, and the distance between the bond sites is 20 mm, as disclosed in column 6, lines 4-6. Kato teaches that providing an absorbent core with bond sites reduces twisting and improves cushioning, as disclosed in column 2, lines 15-19. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorbent core of Coles with a plurality of structural bond sites having a bond area from about 2-5 mm2, a total structural bond area of about 1-4% of the absorbent core, and an average distance between bond sites of about 10-32 mm, as taught by Kato, to reduce twisting and improve cushioning.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coles et al. (5,462,537) in view of Fites et al. (2017/0056255), and further in view of Kato et al. (9,192,527) and Tokunaga (11,273,085).
With respect to claim 8, modified Coles discloses all aspects of the claimed invention with the exception of the central absorbent zone being substantially free from structural bonds. Tokunaga discloses an absorbent core having a central absorbent zone 21 and a plurality of structural bond sites 20, as shown in figure 1. Tokunaga teaches that the structural bond sites 20 are not present in the central absorbent zone. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the central absorbent zone of Coles be substantially free from structural bonds, as taught by Tokunaga, to achieve the predicable result of applying a known technique to a known product.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents and Publications 2003/0119413; 4,997,428; 5,330,456; 5,462,537; and 6,441,268 disclose absorbent articles comprising absorbent cores with raised central absorbent zones.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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