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 Interpretation
Claim 1 recites that the absorbent pad exhibits a Conformability Force, but is silent with respect to the measurement method used to determine the Conformability Force. For the purpose of examination, the claimed Conformability Force was interpreted to be measured using the Conformability Force Measurement Method discussed on Page 28, line 13 – Page 30, line 7 of the present specification.
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.
Claims 1-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Drevik (US 2013/0138070 A1) in view of Zhao et al. (US 2008/0221538 A1) and in further view of Bewick-Sonntag et al. (US 2017/0119597 A1).
Regarding claim 1, Drevik discloses an absorbent pad configured for placement within a wearer’s underpants adjacent the wearer’s body (Figs. 1-4, feat. 1; ¶0053-0063), comprising: a) a liquid permeable topsheet (Fig. 2, feat. 2; ¶0054); b) a liquid impermeable backsheet (Fig. 2, feat. 4; ¶0054); c) an absorbent core disposed between the topsheet and the backsheet (6; ¶0054), the absorbent core comprising a fibrous nonwoven web, a batt or web of cellulose fiber, or a combination thereof (¶0059).
Drevik does not disclose that the absorbent core comprises z-direction deformations, that the absorbent pad exhibits a Conformability Force at 5 mm less than about 3500 N/m and greater than about 250 N/m, or that the absorbent pad exhibits an average dry caliper of about 2 mm to 7 mm.
Zhao teaches an absorbent article (Fig. 1, feat. 10; ¶0050-0059) comprising a liquid permeable topsheet (26; ¶0058), a liquid impermeable backsheet (22; ¶0057), and an absorbent core comprising a fibrous nonwoven web, a batt or web of cellulose fiber, or a combination thereof (20; ¶0053-0056). Zhao teaches that the absorbent core may include z-direction deformations (Figs. 8-9, feat. 84; ¶0069 and 0079-0087), which advantageously increases permeability of the absorbent core without a decrease in capillary pressure (¶0067-0069 and 0084). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the pad disclosed by Drevik so that the absorbent core comprises z-direction deformations in order to increase the permeability of the core without decreasing its capillary pressure as taught by Zhao.
Drevik in view of Zhao is silent with respect to the average dry caliper of the absorbent pad.
Bewick-Sonntag teaches an absorbent article (Figs. 1-3, feat. 10; ¶0172-0181) comprising a liquid permeable topsheet (14; ¶0174), a liquid impermeable backsheet (16; ¶0174), and an absorbent core (18; ¶0174, 0180-0181) comprising a fibrous nonwoven web, a batt or web of cellulose fiber, or a combination thereof (¶0081-0083 and 0132-0136). Bewick-Sonntag teaches that such an absorbent article should have an average dry caliper from 1 mm to 10 mm, while having a high acquisition rate and high % caliper expansion (¶0067) in order to make the absorbent article thin, flexible, garment fitting, and capable of holding its shape and absorption properties while loaded in a sustained way (¶0012-0014). The claimed average dry caliper range of about 2 mm to 7 mm is within the range of 1 mm to 10 mm taught by Bewick-Sonntag, and therefore a prima facie case exists for the claimed range. Please see MPEP §2144.05(I). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the pad suggested by Drevik in view of Zhao so that the absorbent pad exhibits an average dry caliper of about 2 mm to 7 mm in order to make the absorbent article thin, flexible, garment fitting, and capable of holding its shape and absorption properties while loaded in a sustained way as taught by Bewick-Sonntag.
Drevik in view of Zhao and in further view of Bewick-Sonntag does not explicitly disclose or suggest that the absorbent pad exhibits a Conformability Force at 5 mm less than about 3500 N/m and greater than about 260 N/m. However, Drevik (¶0018), Zhao (¶0057), and Bewick-Sonntag (¶0012-0014) each aim to make flexible, conformable absorbent articles. Furthermore, as discussed above, the combination of Drevik in view of Zhao and in further view of Bewick-Sonntag suggests an absorbent pad with the same structure as the claimed absorbent pad, and Zhao in particular teaches that the absorbent core may have z-direction deformations made with the SELF process (¶0069 and 0079-0087). While Zhao teaches that absorbent cores comprising SELF’d webs provides fluid-handling benefits (¶0067-0069 and 0084) and is silent with respect to how such absorbent cores affect conformability, the present specification notes that absorbent cores comprising SELF’d webs provides enhanced conformability (Present Specification: Page 24, line 14 – Page 25, line 2). Therefore, because the absorbent pad suggested by Drevik in view of Zhao and in further view of Bewick-Sonntag has the same structure as the claimed absorbent pad and the absorbent core of the pad comprises z-direction deformations made with the SELF process, the absorbent pad suggested by Drevik in view of Zhao and in further view of Bewick-Sonntag inherently exhibits a Conformability Force at 5 mm less than about 3500 N/m and greater than about 260 N/m. Please see MPEP §2112(I-V) and MPEP §2112.01(I).
Regarding claim 2, Drevik in view of Zhao and in further view of Bewick-Sonntag suggests the pad of claim 1, and Drevik further discloses that the pad has a tapered shape (Fig. 1, feat. 1) having a wider forward end region (16; ¶0062) that tapers to a narrower rearward end region (17; ¶0062). Regarding claim 3, Drevik further discloses that an outward-facing surface (Fig. 1, feat. 5) of the backsheet (4) comprises an adhesive (18; ¶0063). Regarding claim 4, Drevik further discloses that an outward-facing surface (Fig. 1, feat. 5) of the backsheet (4) comprises a discontinuous layer of adhesive (18; ¶0063), where a total area of an adhesive-coated region(s) (18) is less than 100% of the total surface area of the outward-facing surface of the backsheet (4). Regarding claim 5, Drevik further discloses that the outward-facing surface (Fig. 1, feat. 5) of the backsheet (4) comprises an array of separate lines of adhesive (18; ¶0063).
Regarding claims 6-9, Drevik in view of Zhao and in further view of Bewick-Sonntag suggests the pad of claim 1. Zhao teaches that the z-direction deformations are plastic deformations (¶0074 and 0081) may be formed as discrete, rib like elements (Fig. 8, feat. 84; ¶0082) formed in continuous groups (Figs. 9 and 10; ¶0086-0087). The plastic deformations are formed by mechanically stretching the web beyond its elastic limit (¶0081). Therefore, Drevik in view of Zhao and in further view of Bewick-Sonntag further suggests that the deformations are discrete, with respect to claim 6, that the deformations are plastic deformations, with respect to claim 7, that the deformations are substantially continuous, with respect to claim 8, and that the deformations are formed by mechanically processing the absorbent core, wherein each deformation defines a region that has been stretched and plastically deformed, with respect to claim 9.
Regarding claim 10, Drevik in view of Zhao and in further view of Berwick-Sonntag suggests the pad of claim 1. Zhao further teaches that the z-direction deformations may be present with a numerical density of 1 to 30 deformations per cm2 (¶0105). The claimed numerical density of 3.0 to 9.0 deformations per cm2 falls within the prior art range of 1 to 30 deformations per cm2, and therefore a prima facie case of obviousness exists for the claimed range. Please see MPEP §2144.05(I). Zhao further teaches that the teeth (Figs. 21-23, feat. 68) of the roller used for the SELF’ing process to make the z-direction deformations may have machine direction tooth length (TL) of about 5 mm and a machine direction tooth distance (TD) of about 4 mm, resulting in a machine direction peak-to-peak spacing of 9 mm of the teeth and resulting z-direction deformations (¶0112). Zhao teaches that the teeth have a cross-direction pitch (P) of 0.200 inches in each row, resulting in a cross-direction peak-to-peak spacing of 5.08 mm of the teeth and the resulting z-direction deformations (¶0112). Therefore, Drevik in view of Zhao and in further view of Bewick-Sonntag further suggests that the deformations are present at a numerical density of 3.0 to 9.0 deformations per cm2, with a CD spacing of 2-15 mm, and an MD spacing of 2-15 mm.
Regarding claims 11-13, Drevik in view of Zhao and in further view of Berwick-Sonntag suggests the pad of claim 1. Zhao further teaches that the absorbent core comprises first (Fig. 8, feat. 78) and second (80) surfaces and that the z-direction deformations in the absorbent core comprise protrusions (84) surrounded by land areas (72, 86; ¶0082-0084). The protrusions further comprise a base forming an opening through the second surface (Annotated Fig. 8, feats. O, 80), an opposed distal portion at the peak of the protrusions at the first surface (Annotated Fig. 8, feats. P, 78), and one or more side walls (76; ¶0082). Because the absorbent core suggested by Drevik in view of Zhao and in further view of Bewick-Sonntag is a fibrous nonwoven web, a batt or web of cellulose fiber, or a combination thereof (Drevik: ¶0059; Zhao: ¶0053-0056 and 0067-0069), the base, distal portion, and side walls are formed by fibers. Due to each of the protrusions comprising the opening in the second surface (Annotated Fig. 8, feat. O), distal peaks at the second surface (Annotated Fig. 8, feat. P), and side walls therebetween (76), the protrusions each define an internal void volume (Annotated Fig. 8, feat. V). Therefore, Drevik in view of Zhao and in further view of Bewick-Sonntag further suggests that the absorbent core comprises a first surface, a second surface, land areas, and deformations comprising protrusions extending outward from the second surface of the absorbent core, wherein the protrusions are surrounded by the land areas, with respect to claim 11, that a majority of the protrusions comprise a base forming an opening, an opposed distal portion, and one or more side walls between the bases and the distal portions of the majority of the protrusions, and wherein the base, distal portion and the one or more side walls are formed by fibers such that the majority of the protrusions have only one opening at the base, with respect to claim 12, and that
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[AltContent: textbox (Annotated Fig. 8: Adapted from Figure 8 of Zhao to show the openings O, distal peaks P, and void volumes V.)]the majority of the protrusions comprise an inside void volume, with respect to claim 13.
Regarding claim 14, Drevik in view of Zhao and in further view of Bewick-Sonntag suggests the pad of claim 1, and Drevik further discloses that the topsheet (Fig. 2, feat. 2) is joined to the backsheet (4) to form a perimeter seal (7; ¶0055).
Regarding claim 16, Drevik in view of Zhao and in further view of Bewick-Sonntag suggests the pad of claim 1. Zhao further teaches that the absorbent core may comprise nonwoven web materials and webs or batts of cellulose fibers, among other things (¶0053-0056). Therefore, Drevik in view of Zhao and in further view of Bewick-Sonntag further suggests that the absorbent core comprises one or more layers of a combination of nonwoven web material and a web or batt of cellulose fiber.
Regarding claim 17, Drevik in view of Zhao and in further view of Bewick-Sonntag suggests the pad of claim 1. Zhao further teaches that all the components of the absorbent article, such as the topsheet (Fig. 1, feat. 26; ¶0058), backsheet (22; ¶0057), and absorbent core (20; ¶0053-0056), may be held together with adhesives (¶0064). Therefore, Drevik in view of Zhao and in further view of Bewick-Sonntag further suggests an adhesive disposed at an interface between the topsheet and the absorbent core, an interface between the backsheet and the absorbent core, or both.
Regarding claim 18, Drevik in view of Zhao and in further view of Bewick-Sonntag suggests the pad of claim 1, and Drevik further discloses the pad configured as an incontinence insert (¶0053). Regarding claim 19, Drevik further discloses an underpants garment in combination with the absorbent pad (¶0053).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Drevik in view of Zhao, in further view of Bewick-Sonntag, and in further view of Sharma et al. (US 2018/0325748 A1).
Regarding claim 15, Drevik in view of Zhao and in further view of Bewick-Sonntag suggests the pad of claim 1, but does not disclose that the absorbent core structure is substantially free of super absorbent polymer (SAP).
Sharma teaches an absorbent cellulosic polymer matrix for use as an absorbent core which do not employ super absorbent polymers (¶0011-0013 and 0028) due to the potential negative health effects of superabsorbent polymer exposure and lack of degradability of superabsorbent polymers (¶0003-0006). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the pad suggested by Drevik in view of Zhao and in further view of Bewick-Sonntag so that the absorbent core structure is substantially free of super absorbent polymer (SAP) in order to avoid exposing the user to SAPs as taught by Sharma.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 8:30-5:00.
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/ARJUNA P CHATRATHI/Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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