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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Labit et al. (US 2012/0116339) and further in view of Ramshak (US 2006/0241558).
With reference to claim 1, Labit et al. (hereinafter “Labit”) discloses an absorbent article (abstract) comprising:
a chassis comprising:
a topsheet (260);
a backsheet (258);
an absorbent core (206) positioned at least partially between the topsheet and the backsheet [0075];
a first waist region (110) comprising a first waist edge (figure 6);
a second waist region (112) comprising a second waist edge (figure 6);
a crotch region (114) extending between the first waist region and the second waist region (figure 6);
a first side edge (154) disposed on a first side of a central longitudinal axis (figure 6);
a second side edge (156) disposed on a second side of the central longitudinal axis (figure 6)
and a fully removable fastening member (317) configured to join a portion of the first waist region to a portion of the second waist region as shown in figures 13-16.
The difference between Labit and claim 1 is the provision that the first waist region includes one or more lines of perforations disposed in the first waist region and configured to form an umbilical cord notch when the one or more lines of perforations are torn.
Labit discloses that the absorbent article may also include a foldable front portion along the waist portion to help keep the umbilical of the diaper wearer clean as set forth in [0072].
Ramshak discloses an analogous absorbent article including one or more lines of perforations disposed in the first waist region and configured to form an umbilical cord notch when the one or more lines of perforations are torn as set forth in [0072-0075] and as shown in figures 2-9.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the foldable front portion of Labit with the perforations as taught by Ramshak in order to allow for complete exposure of the umbilical cord to ambient air to help facilitate the drying and falling off process while reducing the risk of contact between the diaper and the umbilical cord as taught by Ramshak in [0068].
With reference to claims 2-11, Labit teaches the invention substantially as claimed as set forth in the rejection of claim 1.
Ramshak teaches an analogous absorbent including one or more lines of perforations extending through an entire thickness of the chassis (cl. 2) to define a fully removable area of the chassis (cl. 5) configured to form the umbilical cord notch upon tearing of the one or more lines of perforations (cl. 6, cl. 10) as set forth in at least figure 7 wherein the one or more lines of perforations may include an arcuate or curvilinear portion (cl. 3, cl. 11) or a linear portion (cl. 4) as set forth in [0071]. Ramshak also teaches that the one or more lines of perforations may comprise at least two separate lines of perforations (cl. 7) which define a foldable area of the chassis therebetween (cl. 8) wherein the foldable area of the chassis is configured to form the umbilical cord notch upon tearing of the at least two separate lines of perforations (cl. 9) as shown via left and right lines of weakness (99) in figures 4-5.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the foldable front portion of Labit with the perforations as taught by Ramshak in order to allow for complete exposure of the umbilical cord to ambient air to help facilitate the drying and falling off process while reducing the risk of contact between the diaper and the umbilical cord as taught by Ramshak in [0068].
As to claim 12, Labit discloses an absorbent article wherein the first waist edge and the second waist edge are substantially symmetrical about an absorbent article central lateral axis as shown in the figures, see especially figure 6.
With reference to claim 13, Labit discloses an absorbent article wherein the first side edge and the second side edge each comprise a curvilinear portion as shown in figure 6.
With reference to claim 14, Labit discloses an absorbent article (abstract) comprising:
a chassis comprising:
a topsheet (260);
a backsheet (258);
an absorbent core (206) positioned at least partially between the topsheet and the backsheet [0075];
a first waist region (110) comprising a first waist edge (figure 6);
a second waist region (112) comprising a second waist edge (figure 6);
a crotch region (114) extending between the first waist region and the second waist region (figure 6);
a first side edge (154) disposed on a first side of a central longitudinal axis (figure 6);
a second side edge (156) disposed on a second side of the central longitudinal axis (figure 6)
and a fully removable fastening member (317) configured to join a portion of the first waist region to a portion of the second waist region as shown in figures 13-16.
The difference between Labit and claim 14 is the provision that the article includes two or more lines of perforations disposed in the first waist region and configured to form an umbilical cord notch when the two or more lines of perforations are torn, wherein the two or more lines of perforations are spaced apart from one another, wherein at least a portion of the two or more lines of perforation are proximate to the first waist edge and extend generally perpendicular to the first waist edge.
Labit discloses that the absorbent article may also include a foldable front portion along the waist portion to help keep the umbilical of the diaper wearer clean as set forth in [0072].
Ramshak discloses an analogous absorbent article including two or more lines of perforations (99) disposed in the first waist region and configured to form an umbilical cord notch when the two or more lines of perforations are torn (figures 4-5), wherein the two or more lines of perforations are spaced apart from one another (figure 4), wherein at least a portion of the two or more lines of perforation are proximate to the first waist edge and extend generally perpendicular to the first waist edge as shown in figure 4 and as discussed in [0072-0075].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the foldable front portion of Labit with the perforations as taught by Ramshak in order to allow for complete exposure of the umbilical cord to ambient air to help facilitate the drying and falling off process while reducing the risk of contact between the diaper and the umbilical cord as taught by Ramshak in [0068].
As to claims 15-17, see the rejection of claims 2-11.
With reference to claim 18, Labit discloses an absorbent article (abstract) comprising:
a chassis comprising:
a topsheet (260);
a backsheet (258);
an absorbent core (206) positioned at least partially between the topsheet and the backsheet [0075];
a first waist region (110) comprising a first waist edge (figure 6);
a second waist region (112) comprising a second waist edge (figure 6);
a crotch region (114) extending between the first waist region and the second waist region (figure 6);
a first side edge (154) disposed on a first side of a central longitudinal axis (figure 6);
a second side edge (156) disposed on a second side of the central longitudinal axis (figure 6)
and a fully removable fastening member (317) configured to join a portion of the first waist region to a portion of the second waist region as shown in figures 13-16.
The difference between Labit and claim 18 is the provision that the article includes a line of perforations comprising a curvilinear portion and disposed in the first waist region and configured to form an umbilical cord notch when the line of perforations is torn.
Labit discloses that the absorbent article may also include a foldable front portion along the waist portion to help keep the umbilical of the diaper wearer clean as set forth in [0072].
Ramshak discloses an analogous absorbent article including lines of perforations (99) comprising a curvilinear portion [0071] disposed in the first waist region and configured to form an umbilical cord notch when the lines of perforations are torn as shown in figures 4-5 and as discussed in [0072-0075].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the foldable front portion of Labit with the perforations as taught by Ramshak in order to allow for complete exposure of the umbilical cord to ambient air to help facilitate the drying and falling off process while reducing the risk of contact between the diaper and the umbilical cord as taught by Ramshak in [0068].
As to claims 19-20, see the rejection of claims 2-11 and [0071] of Ramshak for the disclosure of the curvilinear portion.
Response to Arguments
Applicant's arguments filed December 23, 2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. 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). In this case, the teaching, suggestion and motivation to do so is found in the references themselves.
Ramshak recognizes that the principles of the invention may have application in reusable garments as set forth in [0051].
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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/MICHELE KIDWELL/Primary Examiner, Art Unit 3781