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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “portion of the second plurality of ultrasonic bonds form a line extending in a direction transverse to the lateral extension of the inelastic region (claim 1), “ a second portion of the second plurality of ultrasonic bonds form a second line extending in a direction transverse to the lateral extension of the inelastic region (claim 5), “a third portion of the second plurality of ultrasonic bonds form a third line extending in a direction transverse to the longitudinal extension of the inelastic region (claim 6), and “the line extends in a direction transverse to the longitudinal extension in the second inelastic region (claim 15) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. While fig. 7 illustrates the second plurality of ultrasonic bonds forming lines, such bonds are not labeled as being a portion, second portion, third portion, line, second line or third line. Further, fig. 7 does not illustrate the bonds to be extending in a “direction transverse to the lateral extension” or “transverse to the longitudinal extension”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 recites “wherein a portion of the second plurality of ultrasonic bonds form a line extending in a direction transverse to the lateral extension of the inelastic region”. The specification fails to describe such “portion”, “line” and “direction transverse to the lateral extension of the inelastic region”. Claims 2-15 are rejected due to dependency on claim 1.
Similarly, claim 5 recites “a second portion” and “a second line” which is not described in the specification. Claim 6 is rejected due to dependency on claim 5.
Claim 6 recites “a third portion” and “a third line” which is not described in the specification.
Claim 15 recites “the line extends in a direction transverse to the longitudinal extension of the second inelastic region”. The specification fails to describe such line and the line extending in both a direction transverse to the lateral extension of the inelastic region and transverse to the longitudinal extension of the second inelastic region.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites “wherein the line extends in a direction transverse to the longitudinal extension of the second inelastic region” and claim 1 from which claim 15 depends recites the line “extending in a direction transverse to the lateral extension of the inelastic region”. It is unclear how the line can extend in both the direction transverse to the lateral extension and the direction transverse to the lateral extension.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lam et al. (Pub. No.: US 2012/0238980 A1) further in view of Kline et al. (Pub. No.: US 2002/0188268 A1).
Regarding claim 1, Lam discloses (fig. 1-2) an absorbent article (diaper 20) comprising:
A lateral direction (see lateral centerline 110) and a longitudinal direction (see longitudinal centerline 100) (fig. 1, ¶ 0041);
A first waist region (front waist region 36), a second waist region (rear waist region 38) and a crotch region (37) disposed between the first and second waist regions (fig. 1, ¶ 0041);
A chassis (22) comprising a topsheet (24), a backsheet (24) and an absorbent core (28) disposed at least partially between the topsheet and the backsheet (¶ 0043); and
An ear (back ears 42) disposed in one of the first or second waist regions (fig. 1), the ear comprising a laminate comprising:
A first nonwoven (first substrate 80), a second nonwoven (second substrate 82) and an elastomeric material (74) sandwiched at least partially between the first nonwoven and the second nonwoven (fig. 2B, ¶ 0057);
An inelastic region (first void region 76) extending in the lateral direction and the longitudinal direction (fig. 2A, ¶ 0058);
An elasticized region (see region having elastomeric material 74, fig. 2B) adjacent to the inelastic region (fig. 2A-2B);
A first bonding region comprising a first plurality of ultrasonic bonds (see mechanical bonds 84 disposed in the first void region 76, ¶ 0026) joining a first set of layers of the laminate (first and second nonwoven, ¶ 0060) and having a first bond density, wherein the first bonding region is laterally extending and disposed in the inelastic region (fig. 2A-2B, bonds 84 may engage the inelastic region ¶ 0060); and
A second bonding region disposed in the elasticized region (see mechanical bonds 84 disposed in the elasticized region ¶ 0060), the second bonding region comprising a second plurality of ultrasonic bonds joining a second set of layers of the laminate different form the first set of layers (first and second nonwoven and elastomeric material, ¶ 0060) and having a second bond density (fig. 2A-2B, ¶ 0060); and
Wherein the ear further comprises at least one of mechanical bonds, pressure bonds, and heat bonds, wherein the at least one mechanical bonds, pressure bonds, and heat bonds is disposed in the inelastic region (mechanical bonds 84 may include a combination of bonds including heat bonds and pressure bonds, ¶ 0026, mechanical bonds may be disposed in the inelastic region, ¶ 0060).
Lam fails to disclose wherein a portion of the second plurality of ultrasonic bonds form a line extending in a direction transverse to the lateral extension of the inelastic region; and wherein the first bond density differs from the second bond density.
Kline teaches (fig. 1, 7, annotated fig. 7) and absorbent article (diaper 20) and thus in the same field of endeavor comprising: an ear (64), the ear comprising a laminate comprising: a first bonding region (high bond zone 251) comprising a first plurality of ultrasonic bonds (¶ 0059); and a second bonding region (low bond zone 254) comprising a second plurality of ultrasonic bonds (¶ 0059), wherein a portion of the second plurality of ultrasonic bonds form a line extending in a direction transverse to a lateral extension of the ear (see annotated fig. 7, portion includes ultrasonic bonds forming a line in the longitudinal direction with is transverse to a lateral extension of the ear); wherein the first bond density differs from the second bond density (fig. 7, ¶ 0059), such first bonding region having the first bond density prevents creep and provides strength in the first bonding region and such second bonding region having the second bond density having increased breathability (¶ 0059).
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 first plurality of bonds and the second plurality of bonds of Lam such a portion of the second plurality of ultrasonic bonds form a line extending in a direction transverse to the lateral extension of the inelastic region and the first bond density differs from the second bond density, as taught by Kline, in order to configure the first bonding region to prevent creep and provide strength and the second bonding region to have increased breathability (Kline ¶ 0059).
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Kline annotated fig. 7
Regarding claim 2, Lam discloses a second inelastic region (second void region 78) extending in the lateral direction and the longitudinal direction (fig. 2A-2B, ¶ 0058), wherein the elasticized region extends between the inelastic region and the second inelastic region (fig. 2A-2B).
Regarding claim 3, Lam discloses a fastening system (50) extending from the second inelastic region (fig. 2A-2B), wherein a fastener attachment bond (bonds 43) attaches the fastening system to a portion of the second inelastic region (¶ 0059), and wherein a portion of the fastener attachment bond overlaps a portion of a third bonding region in the second inelastic region (fig. 2A-2B, ¶ 0059).
Regarding claim 4, Lam in view of Kline disclose wherein the line is formed of discontinuous bonds (Kline annotated fig. 7).
Regarding claim 5, Lam in view of Kline fail to disclose wherein a second portion of the second plurality of ultrasonic bonds form a second line extending in a direction transverse to the lateral extension of the inelastic region.
Kline teaches (annotated fig. 7) wherein a second portion of the second plurality of ultrasonic bonds form a second line extending in a direction transverse to the lateral extension of the inelastic region (see annotated fig. 7, second portion includes ultrasonic bonds forming a line in the longitudinal direction with is transverse to a lateral extension of the ear), such second line configuring the second plurality of ultrasonic bonds to form a low bond zone (254) that provides increased breathability (¶ 0059).
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 second portion of the plurality of ultrasonic bonds of Lam in view of Kline such that a second portion of the second plurality of ultrasonic bonds form a second line extending in a direction transverse to the lateral extension of the inelastic region, as taught by Kline, in order to configure the second plurality of ultrasonic bonds to form a low bond zone that provides increased breathability (Kline ¶ 0059).
Regarding claim 6, Lam in view of Kline fails to disclose wherein a third portion of the second plurality of ultrasonic bonds form a third line extending in a direction transverse to the longitudinal extension in the inelastic region.
Kline teaches (annotated fig. 7) wherein a third portion of the second plurality of ultrasonic bonds form a third line extending in a direction transverse to the longitudinal extension of the inelastic region (see annotated fig. 7, third portion includes ultrasonic bonds forming a line in the lateral direction with is transverse to a longitudinal extension of the ear), such third line configuring the second plurality of ultrasonic bonds to form a low bond zone (254) that provides increased breathability (¶ 0059).
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 second plurality of ultrasonic bonds of Lam in view of Kline such that a third portion of the second plurality of ultrasonic bonds form a third line extending in a direction transverse to the longitudinal extension of the inelastic region, as taught by Kline, in order to configure the second plurality of ultrasonic bonds to form a low bond zone that provides increased breathability (Kline ¶ 0059).
Regarding claim 7, Lam in view of Kline fail to disclose wherein the individual bonds of the first plurality of ultrasonic bonds and individual bonds of the second plurality of ultrasonic bonds each have the same bond shape.
Kline teaches (fig. 7) wherein the individual bonds of the first plurality of ultrasonic bonds and individual bonds of the second plurality of ultrasonic bonds each have the same bond shape (i.e., circular, fig. 7), such bond shape allowing for such first bonding region having the first bond density prevents creep and provides strength in the first bonding region and such second bonding region having the second bond density having increased breathability (¶ 0059).
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 individual bonds of the first plurality of ultrasonic bonds and individual bonds of the second plurality of ultrasonic bonds of Lam in view of Kline such that they each have the same bond shape, as taught by Kline, as such bond shape allows for such first bonding region having the first bond density prevents creep and provides strength in the first bonding region and such second bonding region having the second bond density having increased breathability (Kline ¶ 0059).
Regarding claim 8, Lam in view of Kline fail to disclose wherein the first bond density is at least 5% different than the second bond density.
However, Kline teaches that the region having a greater bond density prevents creep and provides strength while the region having a lesser bond density provides increased breathability (¶ 0059). Thus, Kline teaches bond density is a result-effective variable and discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the first and second bond density of Lam in view of Kline such that the first bond density is at least 5% different than the second bond density, in order to provide a first bonding region having a first bond density that prevents creep and provides strength and a second bonding region having a second bond density that provides increased breathability (Kline ¶ 0059).
Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious.
Regarding claim 9, Lam in view of Kline disclose wherein the first and second bond densities are determined solely by bond frequency (Kline ¶ 0059).
Regarding claim 10, Lam in view of Kline disclose wherein the first and second bond density are determined solely by aggregate bond coverage (Kline, bonded area, ¶ 0059).
Regarding claim 11, Lam discloses wherein the first bonding region and the second bonding region are adjacent (fig. 2A-2B, see claim 1 above).
Regarding claim 12, Lam discloses wherein the elastomeric material comprises a first edge and a second edge (fig. 2B, see edge of elastomeric material 74), and wherein at least one of the first edge and the second edge is disposed in the first bonding region (fig. 2B, see edge of elastomeric material 74 abuts inelastic region, ¶ 0060).
Regarding claim 13, Lam discloses wherein the inelastic region extends the length of the ear along a lateral width where the first bonding region is present (fig. 2A-2B, ¶ 0060).
Regarding claim 14, Lam discloses wherein the elasticized region extends the length of the ear along a lateral width where the second bonding region is present (fig. 2A-2B, ¶ 0060).
Regarding claim 15, Lam in view of Kline discloses wherein the line extends in a direction transverse to the longitudinal extension of the second inelastic region (Kline, annotated fig. 7, portion includes ultrasonic bonds forming a line in the lateral direction with is transverse to a longitudinal extension of the ear).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LaVon et al. (Pub. No.: US 2011/0178490 A1) discloses an ear comprising a laminate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEAGAN NGO whose telephone number is (571)270-1586. The examiner can normally be reached M - TH 8:00 - 4:00 PT.
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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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/MEAGAN NGO/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781
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