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 .
Response to Amendment
The amendments filed September 21, 2026, have been entered. Claims 1-11 and 13-17 are currently pending. Claim 17 is newly added. Claim 12 has been canceled. Claims 1 and 15-16 have been amended.
Response to Arguments
Applicant argues the materials of the products in Blomstrӧm and Toro are different and therefor the release force would be different and is not reasonable to combine.
The examiner disagrees. The Examiner sees no specific materials claimed and understands Blomstrӧm to teach ever aspect of the instant claims expect for the specifics of the release force of the release paper. While the examiner understands the materials used can affect the release force of the release paper, a known release force is shown to be very close to the claimed range in Toro. This leads the examiner to consider adjusting the release force of the release paper to be a result effective variable as too little force and the release paper will fall off and too much force and release paper won’t release from the intended surface. MPEP 2144.05 II. A. reviews this very problem of similar but non-overlapping ranges falling under routine experimentation. “"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)”.
If specific materials are critical to creating this release force, then they should be claimed. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 103
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) 1-9 and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Blomstrӧm US 2020/0129347 A1 and Toro US 2011/0009844 A1.
With regards to claim 1, Blomstrӧm discloses a sanitary article (abstract), such as a sanitary napkin or a pantiliner ([0004] which discloses the sanitary article can be a napkin or panty liner), the sanitary article comprising a topsheet and a backsheet, the sanitary article extending in a longitudinal direction and in a transverse direction ([0018]), the sanitary article having a first and a second longitudinal side edge, a front edge and a rear edge (see annotated figure below), the sanitary article having a first fastening wing extending from the first longitudinal side edge and a second fastening wing extending from the second longitudinal side edge (see annotated figure below), the first fastening wing comprising a first coated adhesive region, being constituted by the total adhesive area provided on a garment facing side thereof and the second fastening wing comprising a second coated adhesive region ,being constituted by the total adhesive area provided on a garment facing side thereof, the first coated adhesive region having a first total surface area and the second coated adhesive region having a second total surface area see annotated figure below and [0082]), the first and the second fastening wings being arranged in a folded configuration onto the topsheet and the first and the second coated adhesive regions being covered with a common release paper ([0115 and see annotated figure below), wherein the first and second fastening wings are asymmetrical with respect to each other, as seen along any longitudinal axis extending in the longitudinal direction, and in that the first and second coated adhesive regions are asymmetrical with respect to each other, as seen along any longitudinal axis extending in the longitudinal direction, and in that a majority of the first total surface area of the first coated adhesive region is arranged offset with respect to a majority of the second total surface area of the second coated adhesive region, as seen in the longitudinal direction (see annotated figure below).
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Blomstrӧm fails to disclose wherein the common release paper has a release force value within the range of from 10 to 20 N/m as measured according to the Release Force method.
Toro teaches an absorbent article with a release liner thereby being in a related field of endeavor as the instant claims and related to the prior art. Toro teaches the release liner can have a force of 0.2N/25.4mm or ((0.2/25.4 N/mm * 1000mm/m) = 7 N/m) [0059].
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the release liner and adhesive interaction to a force which has improved manufacturing abilities and durability so the product can be made with greater ease and have user benefits ([0044]). Furthermore, Toro discloses a release force for the release paper of 7N/m which is just under the newly adjusted claimed range of 10-20 N/m from 5-30N/m. This suggests a lack of criticality for the newly amended range and suggests the range is optimizable or can be found under routine experimentation. The force to release the release paper would need to be strong enough to stay in place when packaged, transported, moved, unfolded, and used by the consumer while not being so strong that the release paper fails to release properly. As such this can be considered a variable that can be found through routine experimentation and optimized. MPEP2144.05 II A: "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
With regards to claim 2, Blomstrӧm discloses wherein the first and second fastening wings each are asymmetrical with respect to any transverse axis extending in the transverse direction (see annotated figure above).
With regards to claim 3, Blomstrӧm discloses wherein the first coated adhesive region has a first adhesive region frontmost edge and the second coated adhesive region has a second adhesive region frontmost edge and wherein a width of the first adhesive region at the first adhesive region frontmost edge is wider than a width the second adhesive region at the second adhesive region frontmost edge, as measured in the transverse direction (see annotated figure 3 below where the adhesive region 11 is wider at the front edge than towards the rear edge).
With regards to claim 4, Blomstrӧm discloses wherein a width of the first adhesive region at the first adhesive region frontmost edge, is within the range of from 25% to 90% wider than the width of the second adhesive region, as measured at the second adhesive region frontmost edge as measured in the transverse direction (see how adhesive region 11b and 11a in figure 3 and the annotated figure above are the same width in figure 3 which suggests a 50% increase in width at the frontmost edge as 11a extends beyond 11b).
With regards to claim 5, Blomstrӧm discloses wherein the first adhesive region frontmost edge and the second adhesive region frontmost edge are arranged adjacent each other on a common transverse axis extending in the transverse direction (see how adhesive region 11b and 11a in figure 3 and the annotated figure above share a common transverse axis at the frontmost edge).
With regards to claim 6, Blomstrӧm discloses wherein the first coated adhesive region has a first adhesive region frontmost edge and the second coated adhesive region has a second adhesive region frontmost edge and wherein the first adhesive region frontmost edge is arranged offset with respect to the second adhesive region frontmost edge, as seen in the longitudinal direction (see annotated figure above which shows a first and second adhesive region that are offset from each other).
With regards to claim 7, Blomstrӧm fails to disclose wherein the first adhesive region frontmost edge is arranged offset with respect to the second adhesive region frontmost edge with at least 5 mm, as seen in the longitudinal direction.
However, given the common length of sanitary articles (even assuming a small article and the figure of Blomstrӧm being to scale) the offset of 5mm would have been obvious given the frontmost edge of first adhesive region is 1.5cm from the start of the front most edge of the second region as seen below. It would have been obvious to have adjusted the offset to be 5mm given the wings are also offset. Additionally, MPEP 2125 supports using the drawing for what they reasonably teach and they reasonably teach the two adhesive regions are offset.
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With regards to claim 8, Blomstrӧm discloses wherein the first coated adhesive region has a first adhesive region rearmost edge and the second coated adhesive region has a second adhesive region rearmost edge and wherein the first adhesive region rearmost edge is arranged offset with respect to the second adhesive region rearmost edge (see annotated figure below which shows they are offset).
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With regards to claim 9, Blomstrӧm fails to disclose wherein the first adhesive region rearmost edge is arranged offset with respect to the second adhesive region rearmost edge with at least 5 mm, as seen in the longitudinal direction.
However, given the common length of sanitary articles (even assuming a small article and the figure of Blomstrӧm being to scale) the offset of 5mm would have been obvious given the frontmost edge of first adhesive region is 1.5cm from the start of the front most edge of the second region as seen below. It would have been obvious to have adjusted the offset to be 5mm given the wings are also offset. Additionally, MPEP 2125 supports using the drawing for what they reasonably teach and they reasonably teach the two adhesive regions are offset.
With regards to claim 13, Blomstrӧm discloses wherein the common release paper has a rectangular shape (see common release paper 38 in annotated figure above with shows a rectangular shape, [0115]).
With regards to claim 14, Blomstrӧm disclose wherein the first adhesive region has an extension, as seen in the longitudinal direction which is equal or no more than ±15% of an extension of the second adhesive region, as seen in the longitudinal direction (as seen in figure 3 the first and second adhesive regions have extensions that appear to be about the same size).
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With regards to claim 15, Blomstrӧm discloses a method of attaching a common release paper to a first and a second fastening wing of a sanitary article ([0003]), the method steps of:
a) providing a sanitary article comprising a topsheet and a backsheet, the sanitary article extending in a longitudinal direction and in a transverse direction , the sanitary article having a first and a second longitudinal side edge, a front edge and a rear edge, the sanitary article having a first fastening wing extending from the first longitudinal side edge and a second fastening wing extending from the second longitudinal side edge, the first and second fastening wings being asymmetrical with respect to each other, as seen along any longitudinal axis extending in the longitudinal direction, and folding the first and the second fastening wings in a folded configuration onto the topsheet (see figure above, [0018]), the sanitary article being transported in a transport direction corresponding to the longitudinal direction of the sanitary article ([0051]);
b) providing adhesive by slot coating on the first and the second fastening wing (while Blomstrӧm doesn’t disclose the method of applying the adhesive Blomstrӧm discloses the adhesive), thereby providing a first coated adhesive region on the first fastening wing (see annotated figure above), being constituted by the total adhesive area provided on the first fastening wing on a garment facing side thereof and a second coated adhesive region on the second fastening wing, being constituted by the total adhesive area provided on the first fastening wing on a garment facing side thereof, the first coated adhesive region having a first total surface area and the second coated adhesive region having a second total surface area, the first and second coated adhesive regions being asymmetrical with respect to each other, as seen in the longitudinal direction, and wherein a majority of the first total surface area of the first coated adhesive region is arranged offset with respect to a majority of the second total surface area of the second adhesive region, as seen in the longitudinal direction (see annotated figure above), and; c) applying a common release paper (38) over the first coated adhesive region on the first fastening wing and the second coated adhesive region on the second fastening wing (see annotated figure above).
Blomstrӧm fails to disclose wherein the common release paper has a release force value within the range of from 5 to 30 N/m as measured according to the Release Force method.
Toro teaches an absorbent article with a release liner thereby being in a related field of endeavor as the instant claims and related to the prior art. Toro teaches the release liner can have a force of 0.2N/25.4mm or ((0.2/25.4 N/mm * 1000mm/m) = 7 N/m) [0059].
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the release liner and adhesive interaction to a force which has improved manufacturing abilities and durability so the product can be made with greater ease and have user benefits ([0044]). Furthermore, Toro discloses a release force for the release paper of 7N/m which is just under the newly adjusted claimed range of 10-20 N/m from 5-30N/m. This suggests a lack of criticality for the newly amended range and suggests the range is optimizable or can be found under routine experimentation. The force to release the release paper would need to be strong enough to stay in place when packaged, transported, moved, unfolded, and used by the consumer while not being so strong that the release paper fails to release properly. As such this can be considered a variable that can be found through routine experimentation and optimized. MPEP2144.05 II A: "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
With regards to claim 16, Blomstrӧm discloses a method of attaching a common release paper to a first and a second fastening wing of a sanitary article ([0003]), the method steps of:
a) providing a sanitary article comprising a topsheet and a backsheet, the sanitary article extending in a longitudinal direction and in a transverse direction, the sanitary article having a first and a second longitudinal side edge, a front edge and a rear edge, the sanitary article having a first fastening wing extending from the first longitudinal side edge and a second fastening wing extending from the second longitudinal side edge, the first and second fastening wings being asymmetrical with respect to each other, as seen along any longitudinal axis extending in the longitudinal direction, and folding the first and the second fastening wings in a folded configuration onto the topsheet (see figure above, [0018]), the sanitary article being transported in a transport direction corresponding to the longitudinal direction of the sanitary article ([0051]);
b) providing adhesive by slot coating on the first and the second fastening wing (while Blomstrӧm doesn’t disclose the method of applying the adhesive Blomstrӧm discloses the adhesive), thereby providing a first coated adhesive region on the first fastening wing (see annotated figure above), being constituted by the total adhesive area provided on the first fastening wing on a garment facing side thereof and a second coated adhesive region on the second fastening wing, being constituted by the total adhesive area provided on the first fastening wing on a garment facing side thereof, the first coated adhesive region having a first total surface area and the second coated adhesive region having a second total surface area, the first and second coated adhesive regions being asymmetrical with respect to each other, as seen in the longitudinal direction, and wherein a majority of the first total surface area of the first coated adhesive region is arranged offset with respect to a majority of the second total surface area of the second adhesive region, as seen in the longitudinal direction (see annotated figure above), and;
c) applying a common release paper (38) over the first coated adhesive region on the first fastening wing and the second coated adhesive region on the second fastening wing (see annotated figure above and [0115] which notes a released paper is applied), the first coated adhesive region the first fastening wing on a garment facing side there of having the first surface area and the second coated adhesive region having the second surface area, the first and second coated adhesive regions being asymmetrical with respect to each other, as seen in the longitudinal direction, and wherein a majority of the surface area of the first coated adhesive region is arranged offset with respect to a majority of the second surface area of the second adhesive region, as seen in the longitudinal direction (see annotated figure again and [0051]).
Blomstrӧm fails to disclose wherein the common release paper has a release force value within the range of from 5 to 30 N/m as measured according to the Release Force method.
Toro teaches an absorbent article with a release liner thereby being in a related field of endeavor as the instant claims and related to the prior art. Toro teaches the release liner can have a force of 0.2N/25.4mm or ((0.2/25.4 N/mm * 1000mm/m) = 7 N/m) [0059].
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the release liner and adhesive interaction to a force which has improved manufacturing abilities and durability so the product can be made with greater ease and have user benefits ([0044]). Furthermore, Toro discloses a release force for the release paper of 7N/m which is just under the newly adjusted claimed range of 10-20 N/m from 5-30N/m. This suggests a lack of criticality for the newly amended range and suggests the range is optimizable or can be found under routine experimentation. The force to release the release paper would need to be strong enough to stay in place when packaged, transported, moved, unfolded, and used by the consumer while not being so strong that the release paper fails to release properly. As such this can be considered a variable that can be found through routine experimentation and optimized. MPEP2144.05 II A: "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
With regards to claim 17, Blomstrӧm discloses wherein a length of the common release paper, measured parallel to the longitudinal axis is less than a length of the first fastening wing and/or the second fastening wing (see figure below where the wings technically runs the length of the pad and as such the release paper is less then length of the wings).
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Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Blomstrӧm US 2020/0129347 A1 and Toro US 2011/0009844 A1 and in further view of Hsieh US 2015/0272791 A1.
With regards to claim 10, Blomstrӧm fails to disclose the common release paper has a basis weight within the range of from 32-39g/m2.
Hsieh teaches an absorbent article thereby being in the same field of endeavor (abstract). Hsieh teaches the release liner can have a basis weight between 32-52g/m2 ([0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used a release liner with a known basis weight such as one taught by Hsieh. The specific material of the release liner is not disclosed in the instant application’s specification only a basis weight range for the unknown material is given. The basis weight is linked to the material type. Since the specifics of the releases paper is not disclosed rather only a basis weight it would be obvious to select any known material to function as the release liner with a reasonable expectation of success given Hsieh also teaches a release paper with known basis weight that can be removed with ease (Hsieh- [0030] and [0033]).
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Blomstrӧm US 2020/0129347 A1 and Toro US 2011/0009844 A1 and in further view of Kimura US 5810796.
With regards to claim 11, Blomstrӧm fails to disclose the first and second coated adhesive region are each a continuous adhesive having a basis weight of 10-45g/m2.
Kimura teaches an absorbent article thereby being in the same field of endeavor (abstract). Kimura teaches the adhesive region can have a basis weight of 30g/m2 (Col. 15 lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used an adhesive with a known basis weight such as one taught by Kimura. The specific material of the adhesive is not disclosed in the instant application’s specification only a basis weight range for the unknown material is given. The basis weight is linked to the material type. Since the specifics of the adhesive is not disclosed rather only a basis weight if would be obvious to select any known material to function as the adhesive with a reasonable expectation of success given Kimura teaches a known adhesive used with an absorbent article.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 GABRIELLA E BURNETTE whose telephone number is (571)272-9574. The examiner can normally be reached M-S: 0830-1900 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GABRIELLA E BURNETTE/Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
