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 has a two “or” statements. As such the examiner has the option to pick between 1) “a first indicator (3) for indicating the presence of exudates and being positioned on a garment- facing side of said backsheet such that said first indicator is sandwiched between said backsheet (BS) and an outer cover (OC) of said article (1)” or 2) “wherein said first indicator (3) is positioned on a body-facing side of said backsheet such that said backsheet and an outer cover (OC) are able to come into contact with one another”. Additionally it appears that the “backsheet (BS) is breathable and has a water vapour transmission rate (WVTR) of at least 3000g/(m2.24h), according to the method described herein” or “wherein the outer cover (OC) is a nonwoven comprising synthetic fibers”.
As such claim 2 and 6-7 refer to a part that may not be present.
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) 1-5, 8-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Van Torre et al. US 20240293266 (which has priority back to December 21, 2020 and PCT WO 2022/136295 published June 30, 2022, the US PG pub is being used for ease of paragraph numbers) in view of Glaug et al. US 6566578 B1 and Roe US6399853 B1.
Regarding claim 1, Van Torre discloses an absorbent article for personal hygiene (abstract) comprising:
a backsheet (or moisture barrier layer 144 which is the inner side of the barrier layer which houses the circuity layer 120, [0056]), and the backsheet is substantially liquid impermeable ([0056]); an absorbent core (142, fig 5 and [0056]),
a first indicator (circuity layer 120) for indicating the presence of exudates ([0009] which notes the function of the sensing system) and being positioned on a garment- facing side of said backsheet such that said first indicator is sandwiched between said backsheet (see element 120 in fig 6, [0057]) and an outer cover (or comfort layer 143, fig 5/6) of said article; or wherein said first indicator (circuity layer 120) is positioned on a body-facing side of said backsheet such that said backsheet and an outer cover (OC) are able to come into contact with one another (fig 5 and [0056] which discloses two different positions for the first indicator); and wherein said first indicator (generally marked by 310, fig 3a and [0050-0051]) comprises an electrically conductive material (322 and 321, [0051]), wherein the first indicator comprises one or more first input capacitors, one or more first output capacitors and a plurality of conductive tracks forming an electrical connection between the input and output capacitors(312, 311, fig 3a and [0051]),
characterized in that a reusable or single-use second indicator (350, fig 3A and [0052]) is arranged to be capacitively coupled with at least the first input and output capacitors such that upon a voiding event an amount of exudate may be automatically determined by measuring a dissipation factor or attenuation of an input signal ([0052]), said second indicator comprising one or more second input capacitors (352, 351, [0052]), one or more second output capacitors (353, 354, [0052]) and a sensing circuitry (380, [0053]).
Van Torre fails to specifically teach a topsheet which is liquid permeable and as such that the absorbent core is positioned between a topsheet and back sheet, and that the backsheet (BS) is breathable and has a water vapour transmission rate (WVTR) of at least 3000g/(m2.24h), according to the method described herein; and/or wherein the outer cover (OC) is a nonwoven comprising synthetic fibers.
Glaug teaches an absorbent article with a topsheet and backsheet with an absorbent core therebetween which facilitates the passage of waste to the core (Col 4 line 63 to Col 5 line 5). Glaug additionally teaches the back sheet is breathable while being water impermeable and that the water vapor transmission rate range may be 200-4000 g/(m2.24h) (Col 6 lines 9-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have added a topsheet and have made sure the backsheet is breathable for improved comfort and breathability.
Van Torre and Glaug fail to disclose the outer cover sheet is a nonwoven comprising synthetic fibers.
Roe teaches an absorbent article with a wetness sensor (abstract) thereby being in a related field as the instant claims and prior art. Roe teaches the external sensor maybe attached to the using nonwovens synthetic materials (Col 17 lines 45-67).
Van Torre discloses the sensor in the coupling layer (or outer cover layer) is detachable in order to be reused with a new diaper ([0049 and 0055]). As such it would have been obvious to one of ordinary skill in the art before the effective filing date to have had the cover layer of Van Torre comprise a nonwoven synthetic material since Roe teaches it know to use that material and a variety of other materials to attach a reuseable external sensor to the diaper.
Regarding claim 2, Van Torre as modified by Glaug and Roe disclose wherein the water vapour transmission rate (WVTR) is at least 3500 g/(m2.24h) according to the method herein (Glaug-Col 6 lines 9-21).
Regarding claim 3, Van Torre as modified by Glaug and Roe disclose wherein the second indicator is in the form of a re-usable sensor adapted to be joined to the outer cover of the absorbent article by means of a releasable coupling ([0055]).
Regarding claim 4, Van Torre as modified by Glaug and Roe disclose wherein the second indicator is in electrical communication with a power source providing an alternating current and at least in data or signal communication with a processing unit ([0055] which notes the second indicator is coupled to the sensing circuity, [0065-66] which discusses the sensing circuitry suppling voltage to circuitry and converting AD to DC there by indicating a power source as well as being able to determine a wetness event by comparing data and provide an alert).
Regarding claim 5, Van Torre as modified by Glaug and Roe disclose wherein the conductive tracks undergo a change in one or more electric properties in response to a voiding event [0022].
Regarding claim 8, Van Torre as modified by Glaug and Roe disclose wherein the first indicator is printed with a conductive ink ([0058] which discloses the circuitry can be printed with conductive ink).
Regarding claim 9, Van Torre as modified by Glaug and Roe disclose wherein a total surface area of the first indicator (3) is greater than a total surface area of the second indicator, wherein said surface area is taken about a plane corresponding to the backsheet (BS) (see fig 3a which shows the first indicator (310) having a larger surface area).
Regarding claim 10, Van Torre as modified by Glaug and Roe disclose wherein the first and second indicators have different shapes ((see fig 3a which shows the first indicator (310) having a different shape than the second indicator (350)
Regarding claim 11, Van Torre as modified by Glaug and Roe disclose wherein the second indicator is coated and/or contained within a dielectric sleeve ([0010] which discloses a dielectric material separates the first and second indicator).
Regarding claim 12 Van Torre as modified by Glaug and Roe disclose an external sensing unit, wherein said external sensing unit comprises the second indicator; wherein said external sensing unit is releasably coupled with the absorbent article ([0055] which discloses the second indicator 350 is removable and reusable and connected to the sensing unit 380, fig 3a).
Regarding claim 13, Van Torre as modified by Glaug and Roe disclose the system is adapted to measure a dissipation factor or a signal attenuation between input and output signals corresponding to a power loss and/or voltage-drop caused by a change of resistance along one or more of the conductive tracks of the first indicator ([0020]).
Regarding claim 14 and 20, Van Torre as modified by Glaug and Roe fail to disclose second indicator of the external sensing unit is positioned at a distance in a thickness direction from the first indicator and wherein said distance is less than 5mm per claim 14 and 0.5mm to 3mm per claim 20.
However, according to figure 3a the indictors overlap and per [0020] need to be close enough to measure a difference between the two capacitors as such it would be obvious to one of ordinary skill in the art before the effective filing date to have positioned the sensors at a distance with still allows for functionality and acurate data collection and wetness determination.
Regarding claim 15, Van Torre as modified by Glaug and Roe disclose comprising a plurality of detection zones wherein each detection zone corresponds to a pair of consecutive tracks connecting respective first input and output capacitors and wherein at least one of the first input capacitors and at least one of the first output capacitors serve as a common electrode junction (see electrical schematic in fig 3A, and how there are two tracks 322 and 321 each connected to an input and output capacitor, [0055-56]).
Regarding claim 17, Van Torre as modified by Glaug and Roe disclose wherein the conductive ink is a carbon based ink ([0013]).
Regarding claim 18, Van Torre as modified by Glaug and Roe fails to disclose wherein the total surface area of the first indicator is from 4 to 10 times greater than the total surface area of the second indicator.
Van Torre does disclose the indictors are different sizes however the exact size area differences are not disclosed. However, the change of shape falls under a matter of choice; therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have adjusted the size of the indicators as needed to fit the diaper as the second indicator is removable and able to be reused.
Regarding claim 19, Van Torre as modified by Glaug and Roe fails to disclose wherein the first indicator comprises a first shape and the second indicator comprises a second shape and wherein the second shape overlaps a portion of the first shape with portions of the first shape extending inboard and/or outboard of the second shape (fig 3a which shows the different shapes of the indicators).
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Van Torre et al. US 20240293266 (which has priority back to December 21, 2020 and PCT WO 2022/136295 published June 30, 2022, the US PG pub is being used for ease of paragraph numbers) in view of Glaug et al. US 6566578 B1 and Roe US6399853 B1 and in further view of Haynes et al. US 20020117770 A1.
Regarding claim 6, Van Torre as modified by Glaug and Roe disclose wherein the outer cover (OC) is a nonwoven comprising synthetic fibers (Roe Col 17: 45-67).
Van Torre as modified by Glaug and Roe fails to disclose wherein said fibers comprise
Regarding claim 7, Van Torre as modified by Glaug and Roe fails to disclose wherein the outer cover (OC) is a spunbond nonwoven or a laminate comprising one or more spunbond nonwoven layers.
Regarding claims 6 and 7:
Haynes teaches a nonwoven fabric there by being in a related field of endeavor to the instant claims. Haynes teaches nonwoven fabric for diapers are typically a thermoplastic polymer to include polyester and other classes of polymers and maybe laminate or spunbond ([0003]).
It would have been obvious to one of ordinary skill in the art to have used a known diaper material such as a specific nonwoven fiber comprising polyproylene that is a spunbond or laminate as such materials are known to be used in the art as taught by Haynes.
Claim(s) 16 are rejected under 35 U.S.C. 103 as being unpatentable over Van Torre et al. US 20240293266 (which has priority back to December 21, 2020 and PCT WO 2022/136295 published June 30, 2022, the US PG pub is being used for ease of paragraph numbers) in view of Glaug et al. US 6566578 B1 and Roe US6399853 B1 and in further view of Canuel US 2001/0041877 A1.
Regarding claim 16, Van Torre as modified by Glaug and Roe fails to disclose wherein the water vapour transmission rate (WVTR) is from 5500 g/(m2.24h) to 8500 g/(m2.24h), according to the method herein.
Canuel teaches an absorbent article thereby being in the same field of endeavor as the instant claims with a vapour transmission rate that varies from at least 3000 to 5000 g/(m2.24h). Canuel’s large range suggests that the rate is an adjustable variable that can be optimization found through routine extermination.
It would have been obvious to one ordinary skill in the art before the effective filing date to have figured out the best WVTR though routine experimentation as Canuel teaches the WVTR is optimized through routine experimentation.
Conclusion
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.
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/GABRIELLA E BURNETTE/ Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
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