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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4-11,13-15, and 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (10,765,564).
With respect to claim 1, Lee discloses an absorbent article in the form of a sanitary napkin, as shown in figure 1, extending in a longitudinal direction L and a transverse direction T, and having first and second longitudinal side edges 70 and 72, and front and rear end edges 74 and 76. The article comprises a fluid permeable topsheet 30, a backsheet 32, and an absorbent core 36, as shown in figure 2, wherein the absorbent core comprises a first absorbent layer 80 and a second absorbent layer 82, the first absorbent layer 80 being located between the topsheet 30 and second absorbent layer 82 and the second absorbent layer 82 being located between the first absorbent layer 80 and the backsheet 32, as shown in figure 3. The absorbent core 36 has a front part, a rear part, and an intermediate part, as shown in figure 2. The first absorbent layer 80 has, in the plane of the article, a greater extension than the second absorbent layer 82, as shown in figure 3. The second absorbent layer 82 comprises a central embossed shaping area 142 extending in the longitudinal direction, as shown in figures 1 and 4. The second absorbent layer 82 has a basis weight above 200 gsm, as disclosed in column 16, lines 4-8, and the first absorbent layer 80 has a basis weight below 200 gsm, as disclosed in column 16, lines 2-4.
With respect to claim 4, the first absorbent layer 80 is surrounding the second absorbent layer 82 around its entire circumference, as shown in figure 1.
With respect to claim 5, the front, rear, and intermediate parts of the absorbent core can be defined to be of substantially equal length.
With respect to claim 6, the absorbent core 36 is dog-bone shaped, as disclosed in column 15, lines 35-38, and therefore has a transversal width in the intermediate part that is narrower than the rest of the core.
With respect to claim 7, the central embossed shaping element 142 has an end point that can be defined as coinciding with the transversal width between the front and intermediate part of the core, as shown in figure 1.
With respect to claim 8, the central embossed shaping area 142 extends along a longitudinal centerline of the article, as shown in figure 1.
With respect to claim 9, the second absorbent layer 82 comprises superabsorbent polymers, as disclosed in column 16, lines 1-2, in an amount of from 30 wt%, as disclosed in column 3, lines 62-66, of U.S. Patent 4,610,678, which is incorporated by reference in column 14, lines 46-53.
With respect to claim 10, the limitations “first cut side” and “second cut side” do not impart any additional structure to the first and second longitudinal side edges, and therefore may be defined as being arranged on either side of the converging point or end point of the central embossed shaping element.
With respect to claim 11, the limitations “first cut side” and “second cut side” do not impart any additional structure to the first and second longitudinal side edges, and therefore may be defined being between first and second front deflection points and first and second rear deflection points.
With respect to claim 13, the central embossed shaping element 142 comprises an I-shaped portion extending along at least part of the longitudinal centerline of the second absorbent layer 82, as shown in figure 1.
With respect to claim 14, the central embossed shaping area 142 comprises a V-shaped or modified V-shaped portion including a V-shaped portion first leg 150 and a V-shaped portion second leg 152 converging in a converging point, as shown in figure 1.
With respect to claim 15, the central embossed shaping element 142 is in the form of a Y-shaped or modified Y-shaped embossing comprising a V-shaped or modified V-shaped portion 320 and an I-shaped portion 142 extending long at least a port of the longitudinal centerline, as shown in figure 1.
With respect to claim 18, an outer embossed shaping element 144 and 146 is provided in the first absorbent layer 80 and the topsheet 30, and comprises a first embossed portion 144 and a second embossed portion 146, as shown in figure 4, each extending in the longitudinal direction on respective sides of the central embossed shaping element 142, as shown in figure 1.
With respect to claim 19, the outer embossed shaping element 144 and 146 is provided in the topsheet 30 and the first absorbent layer 80, as shown in figure 4.
With respect to claim 20, the first and second embossed portions 144 and 146 of the outer embossed shaping element converge in the direction from the front-end edge towards the rear end edge of the article, as shown in figure 1.
With respect to claim 21, the outer embossed shaping element extends up to a rear end point and a front end point of the central embossed shaping element, as shown in figure 1.
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) 2, 12, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (10,765,564).
With respect to claim 2, Lee discloses all aspects of the claimed invention with the exception of the density of the second absorbent layer being between 120-500 kg/m3 and the density of the first absorbent layer being lower than the density of the second absorbent layer. Lee discloses that the second absorbent layer has a basis weight that is greater than the basis weight of the first absorbent layer, as disclosed in column 16, lines 2-8, and shows in figure 3 that the first and second absorbent layers have similar thicknesses, but remains silent as to the density of the second absorbent layer and the relative densities of the first and second absorbent layers. 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 density of the second absorbent layer of Lee be between 120-500 kg/m3 and the density of the first absorbent layer of Lee be lower than the density of the second absorbent layer to achieve the predictable result of a second absorbent layer having a greater basis weight than the first absorbent layer, as taught by Lee.
With respect to claim 12, Lee discloses all aspects of the claimed invention with the exception of a ratio of the width of the narrowest section of the second absorbent layer at the first and second side cuts and a width of the absorbent article at the same location is from 0.5:1 to 0.8:1. Lee shows in figure 3 that the width of the second absorbent layer is less than the width of the article at the same location, but remains silent as to the ratio of 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 make the ratio of width of the narrowest section of the second absorbent layer of Lee at the first and second side cuts and a width of the absorbent article at the same location from 0.5:1 to 0.8:1, since it has been held that where the only difference between the prior art and the claimed invention was a recitation of relative dimensions of the claimed device, the claimed invention is not patentably distinct from the prior art (see MPEP 2144.04(IV)(A)).
With respect to claim 16, Lee discloses all aspects of the claimed invention with the exception of the density of the first absorbent layer being between 20-120 kg/m3. Lee discloses that the first absorbent layer has a basis weight, as disclosed in column 16, lines 2-8, and shows in figure 3 that the first absorbent layer has a thickness, but remains silent as to the density of the first absorbent layer. 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 density of the first absorbent layer of Lee be between 20-120 kg/m3 to achieve the predictable result of a second absorbent layer having a greater basis weight than the first absorbent layer, as taught by Lee.
With respect to claim 17, the absorbent core further comprises a fluid control layer 62 between the topsheet 30 and the first absorbent layer 80, as shown in figure 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents and Publications 7,547,815; 8,469,937; and 2021/0220189 disclose absorbent articles having first and second absorbent layers and embossed shaping elements.
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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