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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-21 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Borkovetz; Lindsay et al. (US 20220370260 A1, published previously as WO 2021126149 A1) in view of Shirai; Atsuko et al. (US 20170105885 A1).
Regarding claim 1, Borkovetz discloses a disposable pant-type article, the article having a longitudinal direction and a transverse direction (¶ [0004], [0020], a garment-like absorbent article; ¶ [0032], Referring to FIGS. 1-4 … absorbent article 10);
the article comprising: a front body panel being constituted by a front body panel material, the front body panel material being elastically stretchable in the transverse direction (¶ [0065] As illustrated in FIGS. 1-4, the front region 20 of the absorbent article 10 can be constructed of an elastomeric panel 130 … The elastomeric panels, 130 and 140, can have elastic material, 134 and 144, respectively, such that the elastomeric panels, 130 and/or 140, upon application of a stretching force, are stretchable in the transverse direction (Y));
a rear body panel being constituted by a rear body panel material, the rear body panel material being elastically stretchable in the transverse direction (¶ [0065], The back region 30 can be constructed of an elastomeric panel 140 … The elastomeric panels, 130 and 140 … are stretchable in the transverse direction (Y));
a crotch region being located between the front body panel and the rear body panel (¶ [0033], The absorbent article 10 is intended to be worn about the lower torso of a human and can have a front region 20, a back region 30, and a crotch region 40);
an absorbent core being arranged with a central part of the absorbent core being located in the crotch region (¶ [0040], the absorbent assembly 50 can have … an absorbent core 56 positioned between the topsheet layer 52 and the backsheet layer 54); and
with a front end part of the absorbent core overlapping with the front body panel in a front overlap area and with a rear end part of the absorbent core overlapping with the rear body panel in a rear overlap area (¶ [0070] The overlapping configuration within the front region 20 of the second portion of the absorbent core 56 and the elastic material 134 within the front region 20 defines a front overlap region 170. The overlapping configuration within the back region 30 of the third portion of the absorbent core 56 and the elastic material 144 within the back region 30 defines a back overlap region 180);
a first front panel side edge being joined to a first rear panel side edge in a first side seam; a second front panel side edge being joined to a second rear panel side edge in a second side seam (¶ [0034], To place the absorbent article 10 into a suitable configuration for wearing about the lower torso of the wearer, the first longitudinal direction front side edge 24 can be bonded to the first longitudinal direction back side edge 34 to form a first side seam 60 and the second longitudinal direction front side edge 26 can be bonded to the second longitudinal direction back side edge 36 to form a second side seam 62);
a waist opening; a first leg opening; and a second leg opening (¶ [0034], Forming the side seams, 60 and 62, can create a wearable absorbent article 10 having a waist opening 64 and a pair of leg openings 66);
the disposable pant-type article further comprising at least one body panel zone with reduced elasticity, the at least one body panel zone with reduced elasticity being arranged in the overlap area between the absorbent core and one of the front body panel and the rear body panel (¶ [0072] The overlapping configuration within the back region 30 of the third portion of the absorbent core 56 and the elastic material 144 within the back region 30 defines a back overlap region 180. Within the back overlap region 180 of the back region 30, the elastic material 144 is non-elastomeric wherein it is non-extensible, or if it is extensible will recover no more than 20% of its elongated length after release of an applied elongating force in a first non-extensible region 210 having a first width 200 and a first length 202 dimension as well as in a second non-extensible region 212 having a second width 204 and a second length 206 dimension).
Borkovetz teaches the invention substantially as claimed by Applicant but does not explicitly disclose that the elasticity of the body panel material in the at least one body panel zone with reduced elasticity is from 30% to 70% of the elasticity of the body panel material outside the body panel zone with reduced elasticity. Borkovetz expresses the reduced elasticity in terms of how much length the elastic material can recover (¶ [0072], the elastic material 144 is non-elastomeric wherein it is non-extensible, or if it is extensible will recover no more than 20% of its elongated length after release of an applied elongating force).
For comparison, the front region can recover about 50% of its elongated or stretched length (¶ [0071], The elastic material 134 forming the elastomeric panel 130 of the front region 20 is elastomeric within the front overlap region 170 of the front region 20 in that it can be elongated by at least 50 percent of its relaxed length and which will recover, upon release of the applied force, at least 50 percent of its elongation).
Borkovetz’s reduced elasticity overlaps the claimed range at approximately 40% reduced elasticity (20% recovery in reduced zone / 50% recovery in remaining zones = 40% relative recovery).
Borkovetz does not explicitly disclose a reduced elasticity zone having a tapering shape with a wider portion nearer the crotch region and a narrower portion nearer the waist opening.
Shirai discloses a disposable pant-type article (¶ [0002], [0004], [0019], FIG. 1 is a front view of a pant-type disposable diaper 1 as a disposable undergarment);
the article having a longitudinal direction and a transverse direction, the article comprising: a front body panel; a rear body panel (¶ [0022], The layered body has … an inner sheet 101 … and an outer sheet 102);
a crotch region (¶ [0019], crotch member 4);
an absorbent core (¶ [0047], absorbing body 20);
the disposable pant-type article further comprising at least one body panel zone with reduced elasticity, the at least one body panel zone with reduced elasticity being arranged in an overlap area between the absorbent core and one of the front body panel and the rear body panel (¶ [0027] As illustrated in FIG. 4, the crotch member 4 is bonded to the inner sheets 101 and 101 of the center portions 2c and the 3c of the ventral member 2 and the dorsal member 3; ¶ [0047] As illustrated in FIG. 4, the non-elastic areas P1, P2, and P3 are formed at positions on the inner side of an absorbing body 20); and
wherein the at least one body panel zone with reduced elasticity has a tapering shape in the longitudinal direction with a wider portion nearer the crotch region and a narrower portion nearer the waist opening (¶ [0039] As illustrated in FIG. 3 and FIG. 4, the non-elastic area P1 is disposed at the center of the ventral member 2 in the waist-around direction, and has a triangular shape with the apex on the side of the upper edge 7; ¶ [0040] The shape of the non-elastic area P1 is not limited to a triangle, and may be any tapered shape with the apex on the side of the upper edge 7 of the ventral member 2; ¶ [0045] As illustrated in FIG. 2 to FIG. 4, the non-elastic area P3 is formed at the center of the dorsal member 3 in the waist-around direction, and has a shape of what is known as a home plate … The shape of the non-elastic area P3 is not limited to the shape of a home plate. The shape may be any tapered shape with the apex on the side of the upper edge 8 of the dorsal member 3).
Shirai controls the elastic strength across the diaper’s length in order to more forcefully contract the waist panels, while minimally contracting the crotch region (¶ [0005] A hip-surrounding elastic member extending in the waist-around direction in the ventral member may have higher tensile force than a hip-surrounding elastic member extending in the waist-around direction in the dorsal member; ¶ [0049], the excellent fitting of the diaper is achieved and the excretion or the like can be prevented from leaking, while preventing the crotch member 4 and the absorbing body 20 from deforming with the effects of the non-elastic areas P1, P2, and P3; ¶ [0090], Thus, the crotch member 4 and the absorbing body 20 can be prevented from contracting or deforming). One would be motivated to modify Borkovetz with Shirai’s tapered reduced elasticity zone to minimize leakage by adjusting how the article contracts or recoils. Therefore, it would have been obvious to modify Borkovetz with Shirai’s tapered reduced elasticity zone in order to minimize leaks along the crotch region.
Regarding claims 4-10, 13-15 and 18-21, Borkovetz discloses an article wherein the elastically stretchable front body panel material or the elastically stretchable rear body panel material comprises an elastic laminate, the elastic laminate comprising at least a first layer of nonwoven material and an elastic layer; wherein the first layer of nonwoven material is a non-elastic layer; wherein the elastic laminate comprises a second layer of nonwoven material and the elastic layer is an intermediate elastic layer arranged between the first and second layers of nonwoven material; wherein the second layer of nonwoven material is a non-elastic layer; wherein the elastic layer comprises a layer of elastic film; wherein the elastic layer comprises a layer of elastic nonwoven material; wherein at least two layers of the elastic laminate are bonded together with a plurality of discrete bonding elements (¶ [0066], In various embodiments, the elastic material, 134 and 144, can be an elastomeric polymeric film layer … In various embodiments, a suitable elastomeric polymeric film layer can be a stretch-bonded laminate (SBL) in which an elastic core or middle layer is elongated before two opposing outer nonwoven web layers are bonded thereto … Such materials are described in U.S. Pat. No. 4,720,415 to Vander Wielen et al., U.S. Pat. No. 5,366,793 to Fitts, et al., U.S. Pat. No. 5,385,775, to Wright, U.S. Pat. No. 6,969,441 to Welch et al., U.S. Pat. No. 6,978,486 to Zhou et al., U.S. Pat. No. 7,803,244 to Siqueira et al., and U.S. Pat. No. 5,226,992 to Morman et al., each of which are hereby incorporated by reference thereto in its entirety);
wherein the elastically stretchable front body panel or the elastically stretchable rear body panel comprises an elastic nonwoven material (¶ [0066], In various embodiments, the elastic material, 134 and 144, can be an elastomeric polymeric film layer … In various embodiments, a suitable elastomeric polymeric film layer can be a stretch-bonded laminate (SBL) in which an elastic core or middle layer is elongated before two opposing outer nonwoven web layers are bonded thereto);
wherein the elastically stretchable front body panel is formed from a continuous front body panel web which extends transversely across a width of the pant-type article between the first and the second front panel side edges or wherein the elastically stretchable rear body panel is formed from a continuous rear body panel web which extends transversely across the width of the pant-type article between the first and the second rear panel side edges (¶ [0065] As illustrated in FIGS. 1-4, the front region 20 of the absorbent article 10 can be constructed of an elastomeric panel 130 … The back region 30 can be constructed of an elastomeric panel 140);
wherein the crotch region comprises a non-elastic crotch web material (¶ [0054], For example, the absorbent core 56 can include one or more layers (e.g., two layers) of absorbent web material of cellulosic fibers (e.g., wood pulp fibers), other natural fibers … the absorbent web material can include a matrix of cellulosic fluff and can also include superabsorbent material. The cellulosic fluff can comprise a blend of wood pulp fluff);
wherein the absorbent core forms part of an absorbent assembly, the absorbent assembly comprising the absorbent core, a liquid permeable topsheet and a liquid impermeable backsheet, the absorbent core being sandwiched between the liquid permeable topsheet and the liquid impermeable backsheet (¶ [0040], the absorbent assembly 50 can have at least a topsheet layer 52, a backsheet layer 54, and an absorbent core 56 positioned between the topsheet layer 52 and the backsheet layer 54);
wherein the disposable pant-type article comprises an elastic waist feature; wherein the elastic waist feature comprises one or more elastic elements; wherein the elastic waist feature is a component of the disposable pant-type article which is distinct from the body panel material of the front body panel and the rear body panel (¶ [0068], To create additional tension in the first portions, 150 and 160, of the elastomeric panels, 130 and 140, it may desirable to include secondary elastic material, such as, for example, elastic strands 192, within the fold, 154 and 164).
Regarding claims 11 and 12, Borkovetz incorporates several references (¶ [0066], Such materials are described in … U.S. Pat. No. 7,803,244 to Siqueira et al., … each of which are hereby incorporated by reference thereto in its entirety). Siqueira; Jose et al. (US 7803244 B2) discloses that a total bond area of discrete bonding elements is in the range of from 4% to 13% (col. 14, lines 1-10, The pattern of the bonding elements is generally selected so that the nonwoven composite has a total bond area of less than about 50% … and in some embodiments, less than about 30%);
wherein the bonding elements are arranged in a regular bonding pattern, the bonding pattern being visible to the naked eye on an external surface of the elastic body panel including being visible to the naked eye (col. 14, lines 15-25, An example of a suitable "S-weave" pattern in shown in FIG. 2, which illustrates S-shaped bonding elements 88; col. 14, lines 25-35, An example of a suitable "rib-knit" pattern in shown in FIG. 3, which illustrates bonding elements 89 and bonding elements 91, which are oriented in a different direction; col. 14, lines 35-40, An example of a suitable "wire-weave" pattern in shown in FIG. 4, which illustrates bonding elements 93 and bonding elements 95, which are oriented in a different direction).
Regarding claim 2, Borkovetz does not explicitly disclose a front body panel zone with reduced elasticity. Shirai discloses that the at least one body panel zone with reduced elasticity is a front body panel zone with reduced elasticity, the front body panel zone with reduced elasticity being arranged in the overlap area between the absorbent core and the front body panel (¶ [0039] As illustrated in FIG. 3 and FIG. 4, the non-elastic area P1 is disposed at the center of the ventral member 2 in the waist-around direction; ¶ [0043] As illustrated in FIG. 1, FIG. 3, and FIG. 4, the non-elastic area P1 is formed so that the first leg-surrounding elastic member 13 has a triangular portion without the tensile force at its center).
Shirai regulates the contraction or recoil of an absorbent article (¶ [0005], [0049], [0090]). Regarding the rationale and motivation to modify Borkovetz with Shirai’s triangular or trapezoidal reduced elasticity zone, see the discussion of claim 1 above.
Regarding claims 3 and 34, Borkovetz discloses that the disposable pant-type article further comprises a rear body panel zone with reduced elasticity, the rear body panel zone with reduced elasticity being arranged in the overlap area between the absorbent core and the rear body panel (¶ [0072] The overlapping configuration within the back region 30 of the third portion of the absorbent core 56 and the elastic material 144 within the back region 30 defines a back overlap region 180. Within the back overlap region 180 of the back region 30, the elastic material 144 is non-elastomeric wherein it is non-extensible, or if it is extensible will recover no more than 20% of its elongated length after release of an applied elongating force).
Regarding the rationale that Borkovetz’s reduced elasticity overlaps the claimed range of 30% to 70%, see the discussion of claim 1 above.
Regarding claims 16 and 17, Borkovetz does not explicitly disclose a body panel zone with reduced elasticity having a triangular or trapezoidal shape. Shirai discloses a disposable pant-type article wherein the at least one body panel zone with reduced elasticity has a shape in the longitudinal direction of the disposable pant-type article, with a smaller extension in the transverse direction adjacent the waist opening than adjacent the crotch region; wherein the body panel zone with reduced elasticity has a triangular shape or a trapezoidal shape (¶ [0039] As illustrated in FIG. 3 and FIG. 4, the non-elastic area P1 … has a triangular shape with the apex on the side of the upper edge 7; ¶ [0040] The shape of the non-elastic area P1 is not limited to a triangle, and may be any tapered shape with the apex on the side of the upper edge 7 of the ventral member 2; ¶ [0045] As illustrated in FIG. 2 to FIG. 4, the non-elastic area P3 … has a shape of what is known as a home plate … The shape of the non-elastic area P3 is not limited to the shape of a home plate. The shape may be any tapered shape with the apex on the side of the upper edge 8 of the dorsal member 3).
Shirai regulates the contraction or recoil of an absorbent article (¶ [0005], [0049], [0090]). Regarding the rationale and motivation to modify Borkovetz with Shirai’s triangular or trapezoidal reduced elasticity zone, see the discussion of claim 1 above.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Borkovetz; Lindsay et al. (US 20220370260) in view of Bäck; Lucas et al. (US 20180256410 A1) in view of Shirai; Atsuko et al. (US 20170105885 A1).
Regarding claim 22, Borkovetz discloses a method of producing a disposable pant-type article (¶ [0034], Forming the side seams, 60 and 62, can create a wearable absorbent article 10; ¶ [0056], absorbent core 56, the absorbent materials can be formed into a web structure by employing various conventional methods and techniques; ¶ [0072], Deactivation can be accomplished by a variety of methods. In various embodiments, a form of energy can be applied to deactivate the elastic material located within the back overlap region 180 such as, for example, pressure, heat, ultrasonic energy, combinations thereof, or the like);
the method comprising: creating a zone with reduced elasticity in an elastic material by exposing portions of the elastic material to heat treatment (¶ [0072], Within the back overlap region 180 of the back region 30, the elastic material 144 is non-elastomeric wherein it is non-extensible, or if it is extensible will recover no more than 20% of its elongated length … Deactivation can be accomplished by a variety of methods … pressure, heat, ultrasonic energy, combinations thereof, or the like);
applying an absorbent assembly to the first body panel and the second body panel, the absorbent assembly being attached with a first end part of the absorbent assembly overlapping a zone of reduced elasticity in the first body panel and a second end part of the absorbent assembly overlapping a portion of the second body panel (¶ [0070] The overlapping configuration within the front region 20 of the second portion of the absorbent core 56 and the elastic material 134 within the front region 20 defines a front overlap region 170. The overlapping configuration within the back region 30 of the third portion of the absorbent core 56 and the elastic material 144 within the back region 30 defines a back overlap region 180);
folding the article along a fold-line and bringing a first waist edge into alignment with a second waist edge (¶ [0058], In various embodiments, the absorbent core midpoint 100 is offset from the absorbent article narrowest width 80 by a distance 102 in the longitudinal direction (X) of at least 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, or 30 mm); and
forming first and second side seams in each article, the side seams joining the first body panel web with the second body panel web (¶ [0034], the first longitudinal direction front side edge 24 can be bonded to the first longitudinal direction back side edge 34 to form a first side seam 60 and the second longitudinal direction front side edge 26 can be bonded to the second longitudinal direction back side edge 36 to form a second side seam 62).
Regarding the rationale that Borkovetz’s reduced elasticity overlaps the claimed range of 30% to 70%, see the discussion of claim 1 above.
Borkovetz does not explicitly feed a tensioned elastic web, form a composite web of interconnected precursor articles, intermittently apply absorbent assemblies, fold the composite web or sever individual pant-type articles. Bäck discloses a method of producing a disposable pant-type article (¶ [0001], [0005], [0090]);
the method comprising: continuously feeding a tensioned elastic web material in a machine direction, the elastic web material having a first side edge and a second side edge (¶ [0091] As is shown in FIG. 1a, a continuous base web 1 is fed in a machine direction MD. The continuous base web 1 has first and second parallel side edges 2,3 extending in the machine direction MD; ¶ [0092] It may be preferred that the continuous base web 1 is an elastic base web);
forming at least a first body panel web as a part of a composite web of interconnected precursor articles from the elastic web material, the composite web of precursor articles having a first waist edge and a second waist edge, the tensioned first body panel web comprising at least a portion of each of spaced-apart zones (¶ [0098] Subsequent to attaching the waistband component 4 … the continuous base web 1 and the attached elastic waistband component 4 are severed … thereby creating a first panel web 8 comprising a first panel portion 18 and a first waistband portion 28 and a second panel web 9 comprising a second panel portion 19 and a second waistband portion 29);
arranging the tensioned first body panel web side-by-side with a tensioned elastic second body panel web in the composite web of interconnected precursor articles and with a distance between the tensioned first body panel web and the tensioned second body panel web in a cross machine direction (¶ [0098], The first panel web 8 and the second panel web 9 extend in the machine direction MD with the first and second waistband portions 28, 29 and first and second cut edges 38, 39 facing each other in a side-by-side arrangement; ¶ [0105] As illustrated in FIG. 1 a, after the shifting step, the first and second panel webs 8, 9 are placed at a distance from each other in the cross machine direction CD with a gap G between the inwardly facing side edges 2, 3);
intermittently applying absorbent assemblies to the tensioned first body panel web and the tensioned second body panel web, the absorbent assemblies being applied spaced-apart in the machine direction and being attached with a first end part of each absorbent assembly overlapping a zone in the tensioned first body panel web and a second end part of the absorbent assembly overlapping a portion of the tensioned second body panel web (¶ [0114] In the method illustrated in FIG. 1c, the first side edge 2c of the first panel web 8c is connected with the second side edge 3c of the second panel web 9c by means of multiple discrete bridging members 20c in the form of separately produced core packs 23c, thereby forming a coherent chassis web 21c);
folding the composite web of precursor articles along a fold-line extending in the machine direction and bringing the first waist edge of the composite web of precursor articles into alignment with the second waist edge of the composite web of precursor articles; forming first and second side seams in each precursor article, the side seams joining the tensioned first body panel web with the tensioned second body panel web and being formed in the cross machine direction along dividing lines between the precursor articles (¶ [0117] Leg openings 30c are formed in the chassis web 1c by the spaces between the core packs 23c. After application of the bridging members 20c, the chassis web 1c is folded along a centre line extending in the machine direction MD and side seam areas 40c are formed to delimit individual pant article blanks 49c between the side seam areas 40c); and
severing individual pant-type articles from the composite web of precursor articles (¶ [0118] Finally, individual pant articles 50c are formed by severing the chain of pant article blanks in the side seam areas 40c such that one part of each side seam area 40c forms a side seam 42c on a leading pant article and the other part of the side seam area 40c forms a side seam 43c on a trailing pant article 50c).
Bäck describes how to manufacture articles at scale, via conventional assembly line equipment. One would be motivated to modify Borkovetz with Bäck’s composite web of interconnected precursor articles and folding and severing steps to manufacture the article at scale and with known equipment. For example, Borkovetz uses language related to manufacturing the article on an assembly line from a continuous web (¶ [0024] As used herein, the term “bonded carded web” refers herein to webs … aligns the staple fibers in the machine direction to form a generally machine direction oriented fibrous nonwoven web; ¶ [0027] As used herein, the term “machine direction” (MD) refers to the length of a fabric in the direction in which it is produced, as opposed to a “cross-machine direction” (CD) which refers to the width of a fabric in a direction generally perpendicular to the machine direction). Therefore, it would have been obvious to modify Borkovetz with Bäck’s composite web and various manufacturing steps in order to manufacture a high volume of articles with known techniques and equipment.
Borkovetz and Bäck lack a zone of reduced elasticity having a tapering shape with a wider portion nearer a crotch region and a narrower portion nearer a waist opening.
Shirai discloses a zone of reduced elasticity in a first body panel web having a tapering shape in the longitudinal direction with a wider portion nearer a crotch region and a narrower portion nearer a waist opening (¶ [0039] As illustrated in FIG. 3 and FIG. 4, the non-elastic area P1 is disposed at the center of the ventral member 2 in the waist-around direction, and has a triangular shape ; ¶ [0040] The shape of the non-elastic area P1 is not limited to a triangle, and may be any tapered shape with the apex on the side of the upper edge 7 of the ventral member 2; ¶ [0045] As illustrated in FIG. 2 to FIG. 4, the non-elastic area P3 … has a shape of what is known as a home plate … The shape of the non-elastic area P3 is not limited to the shape of a home plate. The shape may be any tapered shape with the apex on the side of the upper edge 8 of the dorsal member 3).
Shirai regulates the contraction or recoil of an absorbent article (¶ [0005], [0049], [0090]). Regarding the rationale and motivation to modify Borkovetz and Bäck with Shirai’s tapered reduced elasticity zone, see the discussion of claim 1 above.
Response to Arguments
Applicant’s arguments filed 21 September 20026 regarding the rejection of claims 1-22 as amended, under 35 USC § 103 over Borkovetz, Nelson, Gilgenbach and Bäck, have been fully considered and are persuasive. After further consideration, the amended claims are rejected on new grounds under 35 USC § 103 over Borkovetz, Shirai and Bäck (see above).
Applicant’s arguments regarding Nelson and Gilgenbach have been considered but are moot because the references are no longer cited in the current rejection.
Applicant submits that to distinguish the present application from Borkovetz, claim 1 has been amended to recite that the at least one body panel zone with reduced elasticity has a tapering shape in the longitudinal direction with a wider portion nearer the crotch region and a narrower portion nearer the waist opening (remarks p. 10). Examiner responds that Borkovetz and Shirai are cited in the new grounds of rejection as teaching all features of amended claim 1. Shirai explicitly discloses a pair of tapered regions with reduced elasticity (P1 and P3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takagi; Takamasa et al. WO 2015108091 A1
Shirai; Atsuko et al. US 20170105886 A1
Koshijima; Miwa US 20180042784 A1
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 extension fee 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 date of this final action.
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/Adam Marcetich/
Primary Examiner, Art Unit 3781
