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 . 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.
Election/Restrictions
Claims 1-9, 19-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 02/18/2026.
Applicant's election with traverse of Group II in the reply filed on 02/18/2026 is acknowledged. The traversal is on the ground(s) that Groups I & II have unity of invention. This is not found persuasive because Group II does not require all the specific technical features of Group I. The only technical feature that the two groups have in common is the core drum. Further, the shared technical feature of the core drum is disclosed by Ukegawa (U.S PG Pub 20130025795A1), thus the shared technical feature does not make a contribution over the prior art (see Figure 3 of Ukegawa).
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "the pleated web" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the continuous pleated web layer" in line 22. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 10-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not reasonably show or suggest the claimed method of forming a wrapped absorbent structure. Specifically, the prior art as a whole does not reasonably show or suggest the steps of “forming a pleated web layer comprising one or more folds that overlap portions of the pleated web in a cross-machine direction, each of the one or more folds comprising a continuous fold running in the machine direction; and bonding the overlapped portions of the pleated web layer together to create substantially detachable or temporary bonds having a strength less than a separating force imparted by the absorbent material being exposed to a liquid; wherein the substantially detachable or temporary bonds retain the one or more folds in the continuous pleated web layer during forming of the wrapped absorbent structure and when the absorbent material is in a substantially dry state”, and even more specifically the steps of “bonding the overlapped portions of the pleated web layer together to create substantially detachable or temporary bonds having a strength less than a separating force imparted by the absorbent material being exposed to a liquid; wherein the substantially detachable or temporary bonds retain the one or more folds in the continuous pleated web layer during forming of the wrapped absorbent structure and when the absorbent material is in a substantially dry state”.
While it is known in the prior art to form pleats on a web of material with one or more folds that overlap as disclosed by Ukegawa (U.S PG Pub 20130025795A1), the totality of the claimed invention is not reasonably shown or suggested by the prior art. Ukegawa is the closest prior art of record and discloses all the limitations of the instant claim, with the exception of the limitations as highlighted above. Beck (U.S PG Pub 20250162302A1) does teach the pleating steps as claimed, but it is not usable as prior art, since it has the same effective filing date as the instant application of 02/28/2022. Thus, the totality of the claimed invention is not reasonably shown or suggested by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-10087575-B2, US-5076774-A, US-10987257-B2, US-5171388-A, US-20020105110-A1, US-20020056516-A1 – all drawn to methods and apparatus of forming an absorbent structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABHISHEK A PATWARDHAN whose telephone number is (571)272-8431. The examiner can normally be reached Monday to Friday 7:30am-5pm.
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/ABHISHEK A PATWARDHAN/Examiner, Art Unit 1746
/CARSON GROSS/Primary Examiner, Art Unit 1746
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