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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-9, 13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2020/0229992 to Agami et al.
In the specification and figures, Agami discloses the apparatus as claimed by Applicant. With regard to claims 1, 3, Agami discloses a feminine hygiene article comprising a folded pad 10 wherein the pad comprises a topsheet 20, a backsheet 30, and an absorbent structure 40 therebetween, wherein the pad may be disposed within a package 50 with adhesive 35 deposited in a discontinuous fashion between the folded pad and the package to adhere to both the pad and a removable coversheet 17 (see FIGS 1, 2A, ¶0039, ¶0078-87, 0107).
With regard to claims 2 and 9, Applicant is setting forth the intended use of the claimed apparatus. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP § 2114.
With regard to claim 4, Agami discloses that backsheet adhesive may be applied to the backsheet 30 or the coversheet 17 such that the adhesive applied to the backsheet coversheets allow the user to peel the pad from the coversheet (see ¶0107).
With regard to claims 6-8 and 13, the envelope package 50 and the coversheet 17 may comprise polymeric film materials, wherein the package may comprise additives, while the coversheet does not, thereby comprising different polymers and basis weights (see ¶0089-0090, 0108).
Claims 1-5, 9-10 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by WO 2024/196633 to Maldonado et al.
In the specification and figures, Maldonado discloses the apparatus as claimed by Applicant. With regard to claims 1 and 3, Maldonado discloses a folded individual feminine hygiene pad 20 with a topsheet 30, backsheet 40, and an absorbent core 50, the pad being disposed within a package 80, and an adhesive 70 disposed in a discontinuos fashion between the pad 20 and the package 80 (see FIGS 1, 2, p2, ln 5-30, p9, ln 4-23).
With regard to claims 2 and 9, Applicant is setting forth the intended use of the claimed apparatus. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP § 2114.
With regard to claims 4-5, Maldonado discloses that the adhesive 70 may be covered by a release film or paper that is adhered to the wrapper 80 (see p9, ln 24-32, p15, ln 5-17).
With regard to claim 10, Maldonado discloses that the product may use hot-melt adhesives (see p 19, ln 5-21).
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.
Claims 11, 12, 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0229992 to Agami et al.
In the specification and figures, Agami discloses the apparatus substantially as claimed by Applicant (see rejections above).
With regard to claims 11 and 12, Agami discloses that the apparatus comprises thermal bonds, especially wherein the discontinuous bonds of the envelope create an embossed pattern (see ¶0089).
With regard to claim 14, Agami illustrates an envelope 50 with a flap 58 and an adhesive 60a on the underside of the flap, suggesting that a weight of adhesive is disposed on an inward-facing side of the flap (see FIG 5A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESLIE R DEAK whose telephone number is (571)272-4943. The examiner can normally be reached Monday-Friday, 9am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESLIE R DEAK/Primary Examiner, Art Unit 3799 16 July 2026
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