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 1-3 and 6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Saevecke (US 20190328587).
Regarding claim 1, Saevecke discloses a package comprising an interior space and an exterior surface (paragraph 0081 describes plurality of articles may be packaged);
a plurality of disposable feminine hygiene pads disposed within the interior space of the package (paragraph 0081, with paragraph 0001 describing the invention relating to feminine pads), each of the disposable feminine hygiene pads comprising a topsheet, a backsheet, and an absorbent core structure disposed between the topsheet and the backsheet (fig. 2, topsheet 24, backsheet 25, and an absorbent core comprising absorbent material 60, core wrap 16, 16’, and acquisition later 52), wherein the absorbent core structure comprises an upper nonwoven layer (fig. 2, acquisition later 52, paragraph 0027 describes acquisition layer material typically a nonwoven), a lower nonwoven layer (fig. 2, core wrap with top side 16 and bottom side 16’, paragraph 004 describes it as a nonwoven), and an inner core layer comprising cellulosic fibers (fig. 2, absorbent material 60, with paragraph 0046 describing 25-70% by weight of cellulose fibers), wherein at least a portion of the inner core layer is disposed between the upper nonwoven layer and the lower nonwoven layer (fig. 2, absorbent material 60 in between core wrap bottom side 16’ and acquisition layer 52),
but is silent to wherein the disposable feminine hygiene pads exhibit an Average In-Bag Pad Density of about 0.20 g/cm3 or less, and a % Caliper Recovery at 2 minutes of at least 4%, as measured according to the In Bag Compression Recovery Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the bag compression recovery method to determine the average in-bag pad density of 0.20 g/cm3 or less and a % Caliper Recovery at 2 minutes of at least 4%. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 1, it necessarily has the same properties.
Regarding claim 2, Saevecke is silent to wherein the disposable feminine hygiene pads exhibit an Average In-Bag Pad Density of from about 0.07 g/cm3 to about 0.17 g/cm3, as measured according to the In Bag Compression Recovery Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the bag compression recovery method to determine the Average In-Bag Pad Density of from about 0.07 g/cm3 to about 0.17 g/cm3. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 1, it necessarily has the same properties.
Regarding claim 3, Saevecke is silent to wherein the disposable feminine hygiene pads exhibit a % Caliper Recovery at 2 minutes of at least 10%.
However, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 1, it necessarily has the same properties.
Regarding claim 6, Saevecke discloses wherein the upper nonwoven layer has a basis weight of from about 30 gsm to about 85 gsm (fig. 2, acquisition layer 54, with paragraph 0028 describing the web having a basis weight of 30-80 gsm).
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 4-5, 7-10, and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Saevecke.
Regarding claim 4, Saevecke does not explicitly teach wherein the inner core layer comprises from about 50% to about 85% cellulosic fibers, by weight of the inner core layer.
However, Saevecke teaches wherein the absorbent material may comprise from 25-70% by weight of cellulosic fibers (paragraph 0046).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Saevecke such that the inner core layer comprises from about 50% to about 85% cellulosic fibers, by weight of the inner core layer, since applicant appears to have placed no criticality on the claimed range (paragraph 0106 describes the inner core comprising cellulosic fibers in multiple acceptable ranges), and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 5, Saevecke does not explicitly teach wherein the inner core layer further comprises from about 15% to about 50% superabsorbent particle, by weight of the inner core layer.
However, Saevecke teaches wherein the absorbent material may comprise 30-75% of superabsorbent particles (paragraph 0046).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Saevecke such that the inner core layer further comprises from about 15% to about 50% superabsorbent particle, by weight of the inner core layer, as applicant appears to have placed no criticality on the claimed range (paragraph 0106 gives multiple acceptable ranges for the amount of superabsorbent particles), and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 7, Saevecke does not explicitly teach wherein the lower nonwoven layer has a basis weight of from about 7 gsm to about 40 gsm.
However, Saevecke teaches wherein the lower nonwoven layer has a basis weight of less than 12 gsm (paragraph 0044 describing core wrap material having a basis weight of 12 gsm or less).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Saevecke such that the lower nonwoven layer has a basis weight of from about 7 gsm to about 40 gsm, since applicant appears to have placed no criticality on the claimed ranges, and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 8, Saevecke discloses A feminine hygiene product (paragraph 0001) comprising:
a package comprising an interior space and an exterior surface (paragraph 0081 describes packages as a cardboard box, having intrinsically an interior space and exterior surface;
a plurality of disposable feminine hygiene pads disposed within the interior space of the package (paragraph 0081), each of the disposable feminine hygiene pads comprising a topsheet, a backsheet, and an absorbent core structure disposed between the topsheet and the backsheet (fig. 2, topsheet 24, backsheet 25, and an absorbent core comprising absorbent material 60, core wrap 16, 16’, and acquisition later 52),
the absorbent core structure comprising an upper nonwoven layer (54) comprising polymer fibers and having a basis weight of from about 30 gsm to about 85 gsm (fig. 2, acquisition layer 54, with paragraph 0028 describing the web having a basis weight of 30-80 gsm, paragraph 0027 describes acquisition material as a sheet of fibers, with paragraph 0029 describing use of PET staple fibers), a lower nonwoven layer comprising polymer fibers (fig. 2, core wrap with top 16 and bottom 16’, paragraph 0054 describes multiple polymer fibers suitable for use), and an inner core layer comprising a mixture of cellulosic fibers and superabsorbent particles (paragraph 0043 describes absorbent material 60 with 40-70% by weight of Superabsorbent polymers, the rest being cellulose and/or synthetic fibers), wherein at least a portion of the inner core layer is disposed between the upper nonwoven layer and the lower nonwoven layer (fig. 2 shows absorbent material 60 between wrap 16, 16’ and acquisition layer 54);
Saevecke does not explicitly teach wherein the lower nonwoven layer has a basis weight of from about 7 gsm to about 40 gsm, and is silent to wherein the feminine hygiene pads exhibit an Average In-Bag Pad Density of 0.20 g/cm3 or less, measured according to the In Bag Compression Recovery Method.
However, Saevecke teaches wherein the lower nonwoven layer has a basis weight of less than 12 gsm (paragraph 0044 describing core wrap material having a basis weight of 12 gsm or less).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Saevecke such that the lower nonwoven layer has a basis weight of from about 7 gsm to about 40 gsm, since applicant appears to have placed no criticality on the claimed ranges, and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Moreover, it is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the bag compression recovery method to determine the average in-bag pad density of 0.20 g/cm3 or less. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 8, it necessarily has the same properties.
Regarding claim 9, Saevecke is silent to wherein the disposable feminine hygiene pads exhibit a % Caliper Recovery at 4 hours of from about 4% to about 35% as measured according to the In Bag Compression Recovery Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the bag compression recovery method to determine % caliper recovery at 4 hours. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 8, it necessarily has the same properties.
Regarding claim 10, Saevecke discloses wherein the package comprises a package material selected from the group consisting of a polymer film, a paper material, carton board, and combinations thereof (“paragraph 0081, “the package may be for example a plastic bag or a cardboard box”, wherein cardboard is considered to be a paper material).
Regarding claim 13, Saevecke is silent to wherein the feminine hygiene pads exhibit a CD Dry Bending Stiffness between about 7.0 N*mm2 to about 30 N*mm2 as measured according to the Wet and Dry CD and MD 3 Point Bend Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the Wet and Dry CD and MD 3 Point Bend Method to determine a CD Dry Bending Stiffness. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 8, it necessarily has the same properties.
Regarding claim 14, Saevecke is silent to wherein the absorbent articles exhibit a 5th Cycle Wet % Recovery of between about 29% and about 40% as measured according to the Wet and Dry Bunched Compression Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the Wet and Dry Bunched Compression Method to determine a 5th Cycle Wet % Recovery. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 8, it necessarily has the same properties.
Regarding claim 15, Saevecke discloses A feminine hygiene product (paragraph 0001) comprising:
a package comprising an interior space and an exterior surface (paragraph 0081 describes packages as a cardboard box, having intrinsically an interior space and exterior surface);
a plurality of disposable feminine hygiene pads disposed within the interior space of the package (paragraph 0081), each of the disposable feminine hygiene pads comprising a topsheet, a backsheet, and an absorbent core structure disposed between the topsheet and the backsheet (fig. 2, topsheet 24, backsheet 25, and an absorbent core comprising absorbent material 60, core wrap 16, 16’, and acquisition later 52), the absorbent core structure comprising an upper nonwoven layer comprising polymer fibers and having a basis weight of from about 30 gsm to about 85 gsm (fig. 2, acquisition layer 54, with paragraph 0028 describing the web having a basis weight of 30-80 gsm, paragraph 0027 describes acquisition material as a sheet of fibers, with paragraph 0029 describing use of PET staple fibers), a lower nonwoven layer comprising polymer fibers (fig. 2, core wrap with top 16 and bottom 16’, paragraph 0054 describes multiple polymer fibers suitable for use), wherein at least a portion of the inner core layer is disposed between the upper nonwoven layer and the lower nonwoven layer (fig. 2 shows absorbent material 60 between wrap 16, 16’ and acquisition layer 54);
but does not explicitly teach an inner core layer comprising from about 50% to about 85% cellulosic fibers, by weight of the inner core layer, and from about 15% to about 50% superabsorbent particle, by weight of the inner core layer, wherein the feminine hygiene pads exhibit a % Caliper Recovery at 2 minutes of from about 4% to about 35%, as measured according to the In Bag Compression Recovery Method.
However, Saevecke teaches wherein the absorbent material may comprise from 25-70% by weight of cellulosic fibers (paragraph 0046), wherein the absorbent material may comprise 30-75% of superabsorbent particles (paragraph 0046).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Saevecke such that the inner core layer copmreises from about 50% to about 85% cellulosic fibers, by weight of the inner core layer, and from about 15% to about 50% superabsorbent particle, by weight of the inner core layer, since applicant appears to have placed no criticality on the claimed range (paragraph 0106 describes the inner core comprising cellulosic fibers and superabsorbent polymer in multiple acceptable ranges), and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Moreover, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the bag compression recovery method to determine a % Caliper Recovery at 2 minutes of at least 4%. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 15, it necessarily has the same properties.
Regarding claim 16, Saevecke is silent to wherein the feminine hygiene pads exhibit an Average In-Bag Pad Caliper of from about 2.0 mm to about 5.5 mm, as measured according to the In Bag Compression Recovery Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the bag compression recovery method to determine an Average In-Bag Pad Caliper of from about 2.0 mm to about 5.5 mm. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 15, it necessarily has the same properties.
Regarding claim 17, Saevecke is silent to wherein the feminine hygiene pads exhibit an Average Out-of-Bag Pad Caliper at 2 minutes of from about 2.0 to about 6.0 mm, as measured according to the In Bag Compression Recovery Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the In Bag Compression Recovery Method to determine an Average Out-of-Bag Pad Caliper at 2 minutes of from about 2.0 to about 6.0 mm. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 15, it necessarily has the same properties.
Regarding claim 18, Saevecke is silent to wherein the feminine hygiene pads exhibit an Average In-Bag Pad Density of from about 0.07 g/cm3 to about 0.20 g/cm3 as measured according to the In Bag Compression Recovery Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the bag compression recovery method to determine the average in-bag pad density of 0.20 g/cm3. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 15, it necessarily has the same properties.
Regarding claim 19, Saevecke is silent to wherein the feminine hygiene pads exhibit an Average Out-of-Bag Pad Density of from about 0.06 g/cm3 to about 0.16 g/cm3 at 2 minutes, as measured according to the In Bag Compression Recovery Method.
However, It is the Office’s position that the testing method for a material or structural property does not impart a patentable weight. The property is attributed to the material and structure, not the testing method. As such, a reference does not need to recite using the In Bag Compression Recovery Method to determine an Average Out-of-Bag Pad Density of from about 0.06 g/cm3 to about 0.16 g/cm3. Moreover, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, because the structure of the feminine hygiene product mirrors that of claim 15, it necessarily has the same properties.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Saevecke in view of Venturino (EP 1637108).
Regarding claim 11, Saevecke is silent to wherein the inner core layer comprises from about 125 gsm to about 350 gsm cellulosic fibers.
However, Venturino teaches wherein an absorbent system comprising 135 gsm cellulosic fibers (“The absorbent layer that is directly underneath the cover consists of wetlaid tissue carriers (17 grams per square meter basis weight, produced by Cellu Tisue Holdings Inc., East Hartford Ct.) on both faces with a mixture of wood pulp, polyester fibers and Sumitomo SA70 SAP disposed between the layers. The pulp is bleached softwood pulp, produced by a kraft process. Approximately 20% of the pulp has been mercerized. The total composite has a basis weight of 250 gsm and contains 40% superabsorbent (Sumitomo SA70) and 6% polyester staple fibers”, with 54% remaining for the wood pulp, leading to 135 gsm cellulosic fibers).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Saevecke such that the inner core layer comprises from about 125 gsm to about 350 gsm cellulosic fibers, for the purpose of providing a suitable structure that contributes to an article that is drapeable and also possesses the absorbency attributes required (see Venturino, paragraph 0007)
Regarding claim 12, Saevecke is silent to wherein the inner core layer comprises from about 20 gsm to about 125 gsm superabsorbent particles
However, Venturino teaches wherein the inner core layer comprises 100 gsm superabsorbent particles (“The total composite has a basis weight of 250 gsm and contains 40% superabsorbent”, which leads to 100 gsm of superabsorbent).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Saevecke such that wherein the inner core layer comprises from about 20 gsm to about 125 gsm superabsorbent particles, as taught by Venturino, for the purpose of providing a suitable structure that contributes to an article that is drapeable and also possesses the absorbency attributes required (see Venturino, paragraph 0007)
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Saevecke in view of Ferrer (US 20150182387), with Weisman (WO 2017023656) being used as evidence and is cited within Saevecke.
Regarding claim 20, Saevecke discloses A process for packaging a plurality of disposable feminine hygiene pads (paragraph 0081, with paragraph 0001 describing the articles relating to feminine pads), the process comprising:
providing a plurality of disposable feminine hygiene pads (paragraph 0081), each of the disposable feminine hygiene pads comprising a topsheet, a backsheet, and an absorbent core structure disposed between the topsheet and the backsheet (fig. 2, topsheet 24, backsheet 25, and an absorbent core comprising absorbent material 60, core wrap 16, 16’, and acquisition later 52), the absorbent core structure comprising an upper nonwoven layer comprising polymer fibers and having a basis weight of from about 30 gsm to about 85 gsm (fig. 2, acquisition layer 54, with paragraph 0028 describing the web having a basis weight of 30-80 gsm, paragraph 0027 describes acquisition material as a sheet of fibers, with paragraph 0029 describing use of PET staple fibers), a lower nonwoven layer comprising polymer fibers (fig. 2, core wrap with top 16 and bottom 16’, paragraph 0054 describes multiple polymer fibers suitable for use), and an inner core layer comprising cellulosic fibers and superabsorbent particles (paragraph 0043 describes absorbent material 60 with 40-70% by weight of Superabsorbent polymers, the rest being cellulose and/or synthetic fibers), wherein at least a portion of the inner core layer is disposed between the upper nonwoven layer and the lower nonwoven layer (fig. 2, absorbent material 60 in between core wrap bottom side 16’ and acquisition layer 52),);
folding each disposable feminine hygiene pad of the plurality of disposable feminine hygiene pads to form a plurality of folded disposable feminine hygiene pads (paragraph 0081;
arranging the plurality of folded disposable feminine hygiene pads to form a stack of folded disposable feminine hygiene pads (paragraph 0082 describes an In-Bag Stack Height, thus implying that the pads are stacked);
compressing the stack of folded disposable feminine hygiene pads along a compression axis to form a compressed stack of folded disposable feminine hygiene pads (paragraph 0081);
placing the compressed stack of folded disposable feminine hygiene pads in an interior space of a package (paragraph 0081 describes articles being packaged for sale),
Saevecke does not explicitly state the lower nonwoven layer having a basis weight of from about 7 gsm to about 40 gsm, and is silent to wherein the compressed stack of folded disposable feminine hygiene pads is placed in the interior space of the package such that the compression axis of the stack of folded disposable feminine hygiene pads is oriented substantially along the width dimension of the package; and closing the package such that the folded disposable feminine hygiene pads exhibit an In-Bag Folded Caliper from about 7.0 to about 15.0 mm, and such that upon removal from the package, the disposable feminine hygiene pads exhibit a % Caliper Recovery at 2 minutes of at least 4%, as measured according to the In Bag Compression Recovery Method.
However, Saevecke teaches wherein the lower nonwoven layer has a basis weight of less than 12 gsm (paragraph 0044 describing core wrap material having a basis weight of 12 gsm or less).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Saevecke such that the lower nonwoven layer has a basis weight of from about 7 gsm to about 40 gsm, since applicant appears to have placed no criticality on the claimed ranges, and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Saevecke is silent to wherein the compressed stack of folded disposable feminine hygiene pads is placed in the interior space of the package such that the compression axis of the stack of folded disposable feminine hygiene pads is oriented substantially along the width dimension of the package; and closing the package such that the folded disposable feminine hygiene pads exhibit an In-Bag Folded Caliper from about 7.0 to about 15.0 mm, and such that upon removal from the package, the disposable feminine hygiene pads exhibit a % Caliper Recovery at 2 minutes of at least 4%, as measured according to the In Bag Compression Recovery Method.
However, Verrer teaches an absorbent article (abstract) wherein the stack of folded pads is placed in the interior space of the package such that the compression axis (1010) is oriented substantially along the width dimension of the package (1008) (fig. 8, compression stack axis 1010 in the direction of package width 1008).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed in Saevecke such that the compressed stack of folded disposable feminine hygiene pads is placed in the interior space of the package such that the compression axis of the stack of folded disposable feminine hygiene pads is oriented substantially along the width dimension of the package, as taught by Ferrer, for the purpose of providing a suitable means of allowing for more convenient handling and storage of the article (see Weisman, paragraph 0012).
Saevecke does not teach the method of closing the package such that the folded disposable feminine hygiene pads exhibit an In-Bag Folded Caliper from about 7.0 to about 15.0 mm, and such that upon removal from the package, the disposable feminine hygiene pads exhibit a % Caliper Recovery at 2 minutes of at least 4%, as measured according to the In Bag Compression Recovery Method.
However, Saevecke teaches wherein the packages may have an In-Bag Stack Height of less than 110 mm and greater than 60 mm (paragraph 0082). As further described in Weisman, the In-Bag Stack Height is the height of 10 absorbent articles within a package (1st paragraph in pg. 57, wherein width/article count per stack gives a height each article in the stack contributes, and x 10 to calculate how much height a stack of 10 articles contributes). As described within the instant specification, the In-Bag Folded Pad Caliper is calculated by dividing In-Bag Stack height by the number of pads per stack. As such, the caliper appears to be between 6-11 mm.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed in Saevecke such that it involves closing the package such that the folded disposable feminine hygiene pads exhibit an In-Bag Folded Caliper from about 7.0 to about 15.0 mm, since applicant appears to have not placed criticality on the claimed range, and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists.” In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
However, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In this instance, since the claimed product in claim 20 mirrors that of Saevecke as modified by Weisman and Ferrer, it necessarily has the same performance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jadin (US 20090050507) discloses a means of packaging absorbent articles
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON W LEVY whose telephone number is (571)272-7582. The examiner can normally be reached M-F 7:30AM- 4:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 5712705879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Brandon W. Levy/Examiner, Art Unit 3781
Prosecution Insights