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, 4-15 and 18-21 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).
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).
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).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Borkovetz; Lindsay et al. (US 20220370260) in view of Nelson; Christopher (US 20150297419 A1).
Regarding claim 2, Borkovetz does not explicitly disclose a front body panel zone with reduced elasticity. Nelson discloses an absorbent article (¶ [0001], [0025], [0041] FIGS. 1, 5-7 and 9 illustrate a plan view of the absorbent article 10);
comprising front and rear body panels constituted by elastically stretchable material (¶ [0043] Referring to FIG. 1, the absorbent article includes a film layer 24 comprising a laminate film … The front film section 30 is spaced apart from the rear film section 32 such that they are separated in the crotch section 14); and
a body panel zone with reduced elasticity, the at least one body panel zone with reduced elasticity being arranged in an overlap area between an absorbent core and one of the front body panel and the rear body panel; wherein 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 (¶ [0052] Referring again to FIG. 1, at least a portion 68 of the front film section 30 is non-elastomeric, and at least a portion 70 of the rear film section 32 is non-elastomeric; ¶ [0055] Deactivation of the non-elastic portions 68, 70 may be accomplished by a deactivation unit … Frequently, some form of energy is applied to deactivate the non-elastic regions 68, 70, such as pressure, heat, ultrasonic energy, combinations thereof, and the like);
Nelson adjusts a fit range of the article in order to accommodate differently shaped wearers (¶ [0070], By adjusting the size of the non-elastic portions 68, 70 relative to the size of the absorbent core 152, the fit range of the article may be adjusted or the shape of the absorbent assembly may be defined in order to more readily capture exudate or prevent leaks); . One would be motivated to modify Borkovetz with Nelson’s front reduced elasticity zone since Borkovetz calls for accommodating differently shaped wearers (¶ [0058], Additionally, wearers of absorbent articles have body shapes which are a variety of shapes, sizes, and curvature, and generally not symmetrical). Therefore, it would have been obvious to modify Borkovetz with Nelson’s front reduced elasticity zone in order to accommodate differently shaped wearers.
Regarding claim 3, 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.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Borkovetz; Lindsay et al. (US 20220370260) in view of Gilgenbach; Eric-John Raoul et al. (US 20100163161 A1).
Regarding claims 16 and 17, Borkovetz lacks a reduced elasticity zone with a smaller extension in the transverse direction adjacent the waist opening than adjacent the crotch region. Gilgenbach discloses an absorbent garment (¶ [0004], [0043], [0044] Referring to FIG. 1, a particular embodiment of an absorbent garment 20);
comprising a body panel zone with reduced elasticity having a shape in the longitudinal direction of the garment, with a smaller extension in the transverse direction adjacent a waist opening than adjacent a crotch region; wherein the body panel zone with reduced elasticity has a triangular shape or a trapezoidal shape (¶ [0085], Additionally, the laminate web 103 is shaped and slit into two separate webs 116/118 via a cutter 104; namely, the web 103 is split into a front panel web 116 defining an interconnected series of front panels 117 (each having a front panel deactivated region 120) and a back panel web 118 defining an interconnected series of back panels 119 (each having a back panel deactivated region 121); ¶ [0088], FIG. 20 depicts a pattern similar to the pattern depicted in FIG. 19 but the footprint of the pattern of FIG. 20 is confined to a triangular-spaced area).
Gilgenbach redistributes forces across an absorbent article by modifying the shape of a reduced elasticity zone (¶ [0088], Such a pattern is desirable because it can assist in urging a bucket-like shape to the absorbent member by selectively introducing elastomeric forces to specific portions of the absorbent member 36). One would be motivated to modify Borkovetz with Gilgenbach’s triangular reduced elasticity zone since Borkovetz acknowledges a problem with rectangularly shaped absorbent cores and adjusts the core’s shape to prevent bunching (¶ [0058], , an absorbent article 10 having a more rectangular shape within the crotch region 40 … can result in the absorbent article bunching up … Positioning the absorbent core midpoint 100 between the absorbent article narrowest width 80 and the transverse axis 14 can … minimize the bulkiness of the material of the absorbent core 56). Therefore, it would have been obvious to modify Borkovetz with Gilgenbach’s triangular reduced elasticity zone in order to accommodate a tapered absorbent core.
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).
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee; Seul et al. WO 2017105521 A1
Wu, Lanying Z. et al. US 20040158217 A1
Veith, Jerome Steven et al. US 20040243089 A1
Kinoshita; Akiyoshi et al. US 20110072561 A1
Schoultz; Adam et al. US 20130152360 A1
Schonbeck; Marcus et al. US 20140330233 A1
Sheldon; Donald A. et al. US 20190314222 A1
Tsunoda; Arika et al. US 20200214904 A1
Sheldon; Donald A. et al. US 20200261284 A1
Tsunoda; Arika US 20200375814 A1
Borkovetz; Lindsay et al. US 20220370259 A1
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/Adam Marcetich/
Primary Examiner, Art Unit 3781
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