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 .
Claims 1-30 are pending in the instant application and are examined on the merits herein.
Priority
The instant application claims priority to U.S. Provisional Application no. 63/610,481 filed on 12/15/2023.
Claims 1-30 receive priority to the prior-filed application, filed on 12/15/2023.
Specification
The abstract of the disclosure is objected to because it is less than 50 words and contains phrases which can be implied (i.e. “[t]he present disclosure relates to”). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The use of the term Quick-Freeze (pg. 43), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claims 1, 15, 21, and 26 are objected to because of the following informalities:
Claims 1, 21, and 26 recite the limitation “another line of weakness other by land regions” in ln. 12. This should read “another line of weakness by land regions”.
Claim 15 recites the limitation “wherein first belt” in ln. 1. This should read “wherein the first belt”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 17 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 17 recites the limitation "the elastic strands" in ln. 1. There is insufficient antecedent basis for this limitation in the claim. For the sake of compact prosecution, the examiner is treating this claim as though it reads “elastic strands”.
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 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.
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.
Primary Art: Nakaoka
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Ex. Fig. 1 of Nakaoka Fig. 1-2
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Ex. Fig. 2 of Eimann Fig. 10A
Claims 1-12, 15-24, and 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over JP/2005/287982 A to Nakaoka in view of US/2017/0266941 A1 to Eimann.
Regarding claims 1-4 and 19-20, Nakaoka discloses
(Claim 1) an absorbent article (Fig. 1, absorbent article 1A) comprising:
a first belt comprising an inner wearer facing surface and an outer garment facing surface, the first belt further comprising at least one layer of fibrous substrate (Ex. Fig. 1, front belt P; Fig. 3, front belt P comprising substrates 11/12; para. 0034-0035; para. 0075-0077);
a second belt, wherein laterally opposing end portions of the second belt are connected with laterally opposing end portions of the first belt at a first side seam and a second side seam to form a waist opening (Ex. Fig. 1, back belt Q connected to front belt P at seals 2a; para. 0036; para. 0038; para. 0048);
a chassis comprising a topsheet, a backsheet, and an absorbent core positioned between the topsheet and the backsheet (Fig. 3, chassis 3 comprising topsheet 4, backsheet 5, and absorbent core 6), and wherein longitudinally opposing end regions of the chassis are connected with the first belt and the second belt (Ex. Fig. 1, front part 3a and rear part 3b; para. 0037);
a frangible pathway in the first belt, wherein the frangible pathway comprises lines of weakness comprising cut lines extending through the fibrous substrate, each line of weakness being separated from another line of weakness by land regions, wherein each cut line comprises a first cut edge separated from a second cut edge and wherein each land region comprises an uncut region of the fibrous substrate (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; Fig. 3; para. 0034; para. 0039-0040; clear distinction between perforated portions 22 and completely cut portion 21 such that the perforated portions 22 can be considered to be the lines of weakness made up of individual cut lines and the parts of fibrous substrate 11/12 between the individual cut lines can be considered the land regions);
wherein the first belt is separable along the frangible pathway with a tear line propagating through the cut lines and the land regions to define a first edge of a first belt zone and a second edge of a second belt zone (Ex. Fig. 1, first edge of first belt zone P2 and second edge of second belt zone P3; para. 0034; para. 0039-0040; para. 0047; para. 0054-0055);
wherein the first edge of the first belt zone comprises first cut edges separated from each other by torn land regions, and wherein the first cut edges comprise a first free fiber end density, and wherein the torn land regions comprise a second free fiber end density (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; Fig. 3; para. 0034; para. 0039-0040 para. 0047; para. 0054-0055; para. 0076-0077, fibrous substrates 11/12; clear distinction between perforated portions 22 and completely cut portion 21 such that the perforated portions 22 can be considered to be the lines of weakness made up of individual cut lines and the parts of fibrous substrate 11/12 between the individual cut lines can be considered the land regions; by the fibrous substrates being torn, they would contain some free fiber end density; no specific amount of free fiber end density allows for the value to be 0 and above); and
(Claim 3) wherein the second free fiber end density is greater than zero (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; Fig. 3; para. 0034; para. 0039-0040 para. 0047; para. 0054-0055; para. 0076-0077, fibrous substrates 11/12; clear distinction between perforated portions 22 and completely cut portion 21 such that the perforated portions 22 can be considered to be the lines of weakness made up of individual cut lines and the parts of fibrous substrate 11/12 between the individual cut lines can be considered the land regions; by the fibrous substrates being torn, they would contain some free fiber end density).
Nakaoka differs from the instantly claimed invention in that Nakaoka fails to explicitly disclose (Claim 1) a plurality of fibers of the fibrous substrate extending at least partially across the cut line between the first cut edge and the second cut edge;
wherein the second free fiber end density is greater than the first free fiber end density;
(Claim 2) wherein the second free fiber end density is from about 2 free fiber ends/mm to about 10000 free fiber ends/mm;
(Claim 4) wherein the first free fiber end density is greater than zero;
(Claim 19) wherein the first edge comprises a Loose Fiber Ends Value of about 35 to about 65; and
(Claim 20) wherein the cut line comprises a Cut Line Occlusion of about 15% to about 80%.
Eimann teaches a substrate for an absorbent article comprising a perforated line that is torn for separation in manufacturing (Fig. 10A-10I, substrate 301; para. 0169) comprising:
(Claim 1) a plurality of fibers of the fibrous substrate extending at least partially across the cut line between the first cut edge and the second cut edge (Fig. 10A-10I showing fibers of substrate 301 extending at least partially over first cut edge 213; Ex. Fig. 4);
wherein the second free fiber end density is greater than the first free fiber end density (Fig. 10A-10I, clusters 222; para. 0146 and 0152, heat used for cutting nonwoven material causes the material adjacent to the laser beam to melt such that the fibers may join together to form clusters; para. 0169, perforating a material using lasers creates cut lines comprising some accumulation bulbs and clusters and tearing the land areas next to the cut lines allows for a greater number of fibers to tear and create free fiber ends; free fiber ends considered fiber ends not in clusters);
(Claim 2) wherein the second free fiber end density is greater than zero (para. 0169, perforating a material using lasers creates cut lines comprising some accumulation bulbs and clusters and tearing the land areas next to the cut lines allows for a greater number of fibers to tear and create free fiber ends; free fiber ends considered fiber ends not in clusters);
(Claim 4) wherein the first free fiber end density is greater than zero (Fig. 10A-10I, free fiber ends considered fiber ends not in clusters; para. 0171);
(Claim 19) wherein the first edge comprises loose fiber ends (Fig. 10A-10I, free/loose fiber ends considered fiber ends not in clusters; para. 0171);
(Claim 20) wherein the cut line comprises a cut line occlusion (Fig. 10A-10I showing fibers of substrate 301 extending at least partially over first cut edge 213; Ex. Fig. 4); and
wherein reducing or eliminating the clusters of fiber ends in perforated sections of a substrate by the manufacturing method of Eimann contributes to a desirably soft feeling for consumer products (para. 0169).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the cut lines of Nakaoka to be formed by the method of Eimann, because Eimann teaches that reducing or eliminating the clusters of fiber ends in perforated sections of a substrate by the manufacturing method of Eimann contributes to a desirably soft feeling for consumer products (para. 0169).
Further, the cited prior art differ from the instantly claimed invention in that the cited prior art fail to explicitly disclose
(Claim 2) wherein the second free fiber density is from about 2 free fiber ends/mm to about 10000 free fiber ends/mm,
(Claim 19) wherein the first edge comprises a Loose Fiber Ends value of about 35 to about 65; and
(Claim 20) wherein the cut line comprises a Cut Line Occlusion of about 15% to about 80%.
Eimann discloses (para. 0162; para. 0169) that it is desirable to have component parts that are considered to be soft, smooth, and/or non-irritating for use in absorbent articles, that reducing or eliminating clusters will contribute to the soft feeling of the separation edge, and that a greater number of torn fibers with free fiber ends contribute to the soft feeling of the separation edge; therefore, the second free fiber density and the Loose Fiber Ends values are disclosed to be result effective variables in that changing the amount of free fibers in the cut lines and torn land regions contribute to the desirable soft feeling of the separation edge. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying device of Nakaoka, as modified by Eimann, to have free fibers within the claimed range, as it involves only adjusting the dimension of a component disclosed to require adjustment. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakaoka, as modified by Eimann, by making the second free fiber density from about 2 free fiber ends/mm to about 10000 free fiber ends/mm and the first edge comprising a Loose Fiber Ends value of about 35 to about 65 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See MPEP 2144.05(I).
Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakaoka, as modified by Eimann, to have a cut line occlusion from about 15-80% since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” See MPEP 2144.04(B)(IV)(A). In the instant case, the device of Nakaoka would not operate differently with the claimed cut line occlusion and since the cut lines of Nakaoka, as modified by Eimann, comprise at least some cut line occlusion and are acceptable for tearing (Eimann: para. 0169), the device would function appropriately having the claimed cut line occlusion. Further, it appears that the applicant places no criticality on the range claimed, indicating simply that the cut line occlusion “may” be within the claimed ranges (specification para. 0042).
Regarding claim 5, the cited prior art suggests the invention of claim 1. Nakaoka further discloses wherein a portion of the chassis overlaps the inner wearer facing surface of the first belt to define a chassis overlap region (Ex. Fig. 1; Fig. 3; para. 0037).
Regarding claim 6, the cited prior art suggests the invention of claim 5. Nakaoka further discloses wherein the frangible pathway extends between a proximal terminus and a distal terminus (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040).
Regarding claim 7, the cited prior art suggests the invention of claim 6. Nakaoka further discloses wherein the first belt further comprises a laterally extending inner edge and a laterally extending outer edge, the outer edge positioned longitudinally outward of the inner edge, wherein the proximal terminus is positioned on the inner edge and a distal terminus is positioned on the outer edge (Ex. Fig. 1, first belt P).
Regarding claim 8, the cited prior art suggests the invention of claim 6. Nakaoka further discloses wherein the frangible pathway further comprises an accessibility opening in the first belt (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040).
Regarding claim 9, the cited prior art suggests the invention of claim 8. Nakaoka further discloses the frangible pathway comprises a first tear zone extending between the accessibility opening and one of the distal terminus and the proximal terminus (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040).
Regarding claim 10, the cited prior art suggests the invention of claim 8. Nakaoka further discloses wherein the frangible pathway comprises a second tear zone extending between the accessibility opening and another one of the distal terminus and the proximal terminus (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040).
Regarding claim 11, the cited prior art suggests the invention of claim 8. Nakaoka further discloses wherein the accessibility opening is positioned in the overlap region (Ex. Fig. 1; Fig. 3).
Regarding claim 12, the cited prior art suggests the invention of claim 11. Nakaoka further discloses a fastener component positioned between the inner wearer facing surface of the first belt and the backsheet (Ex. Fig. 1, fastener components 25/26; Fig. 3; para. 0043).
Regarding claim 15, the cited prior art suggests the invention of claim 1. Nakaoka further discloses wherein the first belt comprises at least two layers of fibrous substrates (Fig. 3, front belt P comprising substrates 11/12; para. 0075-0077).
Regarding claim 16, the cited prior art suggests the invention of claim 15. Nakaoka further discloses wherein the first belt further comprises elastic strands sandwiched between the at least two layers of fibrous substrates (Fig. 3, first belt P comprising elastics 13/14 between substrates 11/12; para. 0075-0077).
Regarding claim 17, the cited prior art suggests the invention of claim 15. Nakaoka further discloses wherein a plurality of elastic strands are severed at the lines of weakness (Fig. 3, elastics 13/14 ended at frangible pathway 21/22; para. 0034; para. 0039-0040).
Regarding claim 18, the cited prior art suggests the invention of claim 1. Nakaoka further discloses wherein the fibrous substrate comprises a nonwoven (Fig. 3, first belt P comprising elastics 13/14 between substrates 11/12; para. 0075-0077).
Regarding claim 21, Nakaoka discloses an absorbent article (Fig. 1, absorbent article 1A) comprising:
a first belt comprising an inner wearer facing surface and an outer garment facing surface, the first belt further comprising at least one layer of fibrous substrate (Ex. Fig. 1, front belt P; Fig. 3, front belt P comprising substrates 11/12; para. 0034-0035; para. 0075-0077);
a second belt, wherein laterally opposing end portions of the second belt are connected with laterally opposing end portions of the first belt at a first side seam and a second side seam to form a waist opening (Ex. Fig. 1, back belt Q connected to front belt P at seals 2a; para. 0036; para. 0038; para. 0048);
a chassis comprising a topsheet, a backsheet, and an absorbent core positioned between the topsheet and the backsheet (Fig. 3, chassis 3 comprising topsheet 4, backsheet 5, and absorbent core 6), and wherein longitudinally opposing end regions of the chassis are connected with the first belt and the second belt (Ex. Fig. 1, front part 3a and rear part 3b; para. 0037);
a frangible pathway in the first belt, wherein the frangible pathway comprises lines of weakness comprising cut lines extending through the fibrous substrate, each line of weakness being separated from another line of weakness by land regions, wherein each cut line comprises a first cut edge separated from a second cut edge and wherein each land region comprises an uncut region of the fibrous substrate (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; Fig. 3; para. 0034; para. 0039-0040; clear distinction between perforated portions 22 and completely cut portion 21 such that the perforated portions 22 can be considered to be the lines of weakness made up of individual cut lines and the parts of fibrous substrate 11/12 between the individual cut lines can be considered the land regions);
wherein the first belt is separable along the frangible pathway with a tear line propagating through the cut lines and the land regions to define a first edge of a first belt zone and a second edge of a second belt zone (Ex. Fig. 1, first edge of first belt zone P2 and second edge of second belt zone P3; para. 0034; para. 0039-0040; para. 0047; para. 0054-0055);
wherein the first edge of the first belt zone comprises first cut edges separated from each other by torn land regions (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; Fig. 3; para. 0034; para. 0039-0040 para. 0047; para. 0054-0055; para. 0076-0077, fibrous substrates 11/12; clear distinction between perforated portions 22 and completely cut portion 21 such that the perforated portions 22 can be considered to be the lines of weakness made up of individual cut lines and the parts of fibrous substrate 11/12 between the individual cut lines can be considered the land regions).
Nakaoka differs from the instantly claimed invention in that Nakaoka fails to explicitly disclose a plurality of fibers of the fibrous substrate extending at least partially across the cut line between the first cut edge and the second cut edge; and
wherein the first edge comprises a Loose Fiber Ends Value of about 35 to about 65.
Eimann teaches substrate for an absorbent article comprising a perforated line that is torn for separation in manufacturing (Fig. 10A-10I, substrate 301; para. 0169) comprising:
a plurality of fibers of the fibrous substrate extending at least partially across the cut line between the first cut edge and the second cut edge (Fig. 10A-10I showing fibers of substrate 301 extending at least partially over first cut edge 213; Ex. Fig. 4);
wherein the first edge comprises loose fiber ends (Fig. 10A-10I, free/loose fiber ends considered fiber ends not in clusters; para. 0171); and
wherein reducing or eliminating the clusters of fiber ends in perforated sections of a substrate by the manufacturing method of Eimann contributes to a desirably soft feeling for consumer products (para. 0169).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the cut lines of Nakaoka to be formed by the method of Eimann, because Eimann teaches that reducing or eliminating the clusters of fiber ends in perforated sections of a substrate by the manufacturing method of Eimann contributes to a desirably soft feeling for consumer products (para. 0169).
Further, the cited prior art differ from the instantly claimed invention in that the cited prior art fail to explicitly disclose wherein the first edge comprises a Loose Fiber Ends value of about 35 to about 65.
Eimann discloses (para. 0162; para. 0169) that it is desirable to have component parts that are considered to be soft, smooth, and/or non-irritating for use in absorbent articles, that reducing or eliminating clusters will contribute to the soft feeling of the separation edge, and that a greater number of torn fibers with free fiber ends contribute to the soft feeling of the separation edge; therefore, the Loose Fiber Ends value is disclosed to be a result effective variable in that changing the amount of free fibers in the cut lines and torn land regions contribute to the desirable soft feeling of the separation edge. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying device of Nakaoka, as modified by Eimann, to have free fibers within the claimed range, as it involves only adjusting the dimension of a component disclosed to require adjustment. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nakaoka, as modified by Eimann, by making the first edge comprising a Loose Fiber Ends value of about 35 to about 65 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See MPEP 2144.05(I).
Regarding claim 22, the cited prior art suggests the invention of claim 21. Nakaoka further discloses wherein a portion of the chassis overlaps the inner wearer facing surface of the first belt to define a chassis overlap region (Ex. Fig. 1; Fig. 3; para. 0037).
Regarding claim 23, the cited prior art suggests the invention of claim 22. Nakaoka further discloses wherein the frangible pathway further comprises an accessibility opening in the first belt (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040).
Regarding claim 24, the cited prior art suggests the invention of claim 23. Nakaoka further discloses wherein the accessibility opening is positioned in the overlap region (Ex. Fig. 1; Fig. 3).
Regarding claim 26, Nakaoka discloses an absorbent article (Fig. 1, absorbent article 1A) comprising:
a first belt comprising an inner wearer facing surface and an outer garment facing surface, the first belt further comprising at least one layer of fibrous substrate (Ex. Fig. 1, front belt P; Fig. 3, front belt P comprising substrates 11/12; para. 0034-0035; para. 0075-0077);
a second belt, wherein laterally opposing end portions of the second belt are connected with laterally opposing end portions of the first belt at a first side seam and a second side seam to form a waist opening (Ex. Fig. 1, back belt Q connected to front belt P at seals 2a; para. 0036; para. 0038; para. 0048);
a chassis comprising a topsheet, a backsheet, and an absorbent core positioned between the topsheet and the backsheet (Fig. 3, chassis 3 comprising topsheet 4, backsheet 5, and absorbent core 6), and wherein longitudinally opposing end regions of the chassis are connected with the first belt and the second belt (Ex. Fig. 1, front part 3a and rear part 3b; para. 0037);
a frangible pathway in the first belt, wherein the frangible pathway comprises lines of weakness comprising cut lines extending through the fibrous substrate, each line of weakness being separated from another line of weakness by land regions, wherein each cut line comprises a first cut edge separated from a second cut edge and wherein each land region comprises an uncut region of the fibrous substrate (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; Fig. 3; para. 0034; para. 0039-0040; clear distinction between perforated portions 22 and completely cut portion 21 such that the perforated portions 22 can be considered to be the lines of weakness made up of individual cut lines and the parts of fibrous substrate 11/12 between the individual cut lines can be considered the land regions);
wherein the first belt is separable along the frangible pathway with a tear line propagating through the cut lines and the land regions to define a first edge of a first belt zone and a second edge of a second belt zone (Ex. Fig. 1, first edge of first belt zone P2 and second edge of second belt zone P3; para. 0034; para. 0039-0040; para. 0047; para. 0054-0055);
wherein the first edge of the first belt zone comprises first cut edges separated from each other by torn land regions (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; Fig. 3; para. 0034; para. 0039-0040 para. 0047; para. 0054-0055; para. 0076-0077, fibrous substrates 11/12; clear distinction between perforated portions 22 and completely cut portion 21 such that the perforated portions 22 can be considered to be the lines of weakness made up of individual cut lines and the parts of fibrous substrate 11/12 between the individual cut lines can be considered the land regions).
Nakaoka differs from the instantly claimed invention in that Nakaoka fails to explicitly disclose a plurality of fibers of the fibrous substrate extending at least partially across the cut line between the first cut edge and the second cut edge; and
wherein the cut line comprises a Cut Line Occlusion of about 15% to about 80%.
Eimann teaches substrate for an absorbent article comprising a perforated line that is torn for separation in manufacturing (Fig. 10A-10I, substrate 301; para. 0169) comprising:
a plurality of fibers of the fibrous substrate extending at least partially across the cut line between the first cut edge and the second cut edge (Fig. 10A-10I showing fibers of substrate 301 extending at least partially over first cut edge 213; Ex. Fig. 4);
wherein the cut line comprises a cut line occlusion (Fig. 10A-10I showing fibers of substrate 301 extending at least partially over first cut edge 213; Ex. Fig. 4); and
wherein reducing or eliminating the clusters of fiber ends in perforated sections of a substrate by the manufacturing method of Eimann contributes to a desirably soft feeling for consumer products (para. 0169).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the cut lines of Tachibana to be formed by the method of Eimann, because Eimann teaches that reducing or eliminating the clusters of fiber ends in perforated sections of a substrate by the manufacturing method of Eimann contributes to a desirably soft feeling for consumer products (para. 0169).
Further, the cited prior art differ from the instantly claimed invention in that the cited prior art fail to explicitly disclose wherein the cut line comprises a Cut Line Occlusion of about 15% to about 80%.
Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tachibana, as modified by Eimann, to have a cut line occlusion from about 15-80% since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” See MPEP 2144.04(B)(IV)(A). In the instant case, the device of Tachibana would not operate differently with the claimed cut line occlusion and since the cut lines of Tachibana, as modified by Eimann, comprise at least some cut line occlusion and are acceptable for tearing (Eimann: para. 0169), the device would function appropriately having the claimed cut line occlusion. Further, it appears that the applicant places no criticality on the range claimed, indicating simply that the cut line occlusion “may” be within the claimed ranges (specification para. 0042).
Regarding claim 27, the cited prior art suggests the invention of claim 26. Nakaoka further discloses wherein a portion of the chassis overlaps the inner wearer facing surface of the first belt to define a chassis overlap region (Ex. Fig. 1; Fig. 3; para. 0037).
Regarding claim 28, the cited prior art suggests the invention of claim 27. Nakaoka further discloses wherein the frangible pathway further comprises an accessibility opening in the first belt (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040).
Regarding claim 29, the cited prior art suggests the invention of claim 28. Nakaoka further discloses wherein the accessibility opening is positioned in the overlap region (Ex. Fig. 1; Fig. 3).
Claims 13, 25, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Nakaoka and Eimann as applied above, and further in view of US/2017/0105883 A1 to Nishikawa.
Regarding claim 13, the cited prior art suggests the invention of claim 12.
The prior art differs from the instantly claimed invention in that the prior art fails to disclose wherein the accessibility opening extends through the fastener component.
Nishikawa teaches an absorbent article (Fig. 15, absorbent article 20) comprising a frangible pathway (Fig. 15, frangible pathway 132; para. 0156-0157),
wherein openings of the frangible pathway extend through the fastener component (Fig. 15, frangible pathway 132 extending through fastener components 170; para. 0159-0160); and
wherein the configuration of the fastener components about the frangible pathway ensures that an adequate bond is made between the belt and the chassis (para. 0159-0160).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the accessibility opening of the frangible pathway, as a larger completely cut portion of the frangible pathway, of Nakaoka to extend through the fastener component as taught by Nishikawa, because Nishikawa teaches that this configuration of the fastener components about the frangible pathway ensures that an adequate bond is made between the belt and the chassis (para. 0159-0160).
Regarding claims 25 and 30, the cited prior art suggests the invention of claims 24 and 29, respectively.
Nakaoka further discloses (Claims 25 and 30) a fastener component positioned between the inner wearer facing surface of the first belt and the backsheet (Ex. Fig. 1, fastener components 25/26; Fig. 3; para. 0043).
The prior art differs from the instantly claimed invention in that the prior art fails to disclose (Claims 25 and 30) wherein the accessibility opening extends through the fastener component.
Nishikawa teaches an absorbent article (Fig. 15, absorbent article 20) comprising a frangible pathway (Fig. 15, frangible pathway 132; para. 0156-0157),
wherein openings of the frangible pathway extend through the fastener component (Fig. 15, frangible pathway 132 extending through fastener components 170; para. 0159-0160); and
wherein the configuration of the fastener components about the frangible pathway ensures that an adequate bond is made between the belt and the chassis (para. 0159-0160).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the accessibility opening of the frangible pathway, as a larger completely cut portion of the frangible pathway, of Nakaoka to extend through the fastener component as taught by Nishikawa, because Nishikawa teaches that this configuration of the fastener components about the frangible pathway ensures that an adequate bond is made between the belt and the chassis (para. 0159-0160).
Primary Art: Tachibana
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Ex. Fig. 3 of Tachibana Fig. 2(a)-(c)
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Ex. Fig. 4 of Tachibana Fig. 3
Claims 1-7, 14-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over WO/2005/089690 A1 to Tachibana in view of US/2017/0266941 A1 to Eimann.
Regarding claims 1-4 and 19-20, Tachibana discloses
(Claim 1) an absorbent article (Fig. 1, absorbent article) comprising:
a first belt comprising an inner wearer facing surface and an outer garment facing surface, the first belt further comprising at least one layer of a fibrous substrate (Ex. Fig. 3, first belt 1F comprising inner wearer facing surface Is and outer garment facing surface; Fig. 2(c); para. 0075);
a second belt, wherein laterally opposing end portions of the second belt are connected with laterally opposing end portions of the first belt at a first side seam and a second side seam to form a waist opening (Fig. 1, 1B second belt connected to 1F first belt at sides C3 and C4 to create first and second side seams to form waist opening BH; para. 0073);
a chassis comprising a topsheet, a backsheet, and an absorbent core positioned between the topsheet and the backsheet (Fig. 2(a), chassis 2 comprising topsheet 24, backsheet P, and absorbent core 25; para. 0107), and wherein longitudinally opposing end regions of the chassis are connected with the first belt and the second belt (para. 0071; para. 0080; para. 0103);
a frangible pathway in the first belt, wherein the frangible pathway comprises lines of weakness comprising cut lines extending through the fibrous substrate, each line of weakness being separated from another line of weakness by land regions, wherein each cut line comprises a first cut edge separated from a second cut edge and wherein each land region comprises an uncut region of the fibrous substrate (Fig. 2(a), frangible pathway considered perforated portions of 10A/10B making up first and second tear zones; para. 0075-0077; para. 0121; para. 0126; perforated portions of 10A/10B considered lines of weakness made up of individual cut lines and the parts of fibrous substrate making up front belt 1F between the individual cut lines can be considered the land regions);
wherein the first belt is separable along the frangible pathway with a tear line propagating through the cut lines and the land regions to define a first edge of a first belt zone and a second edge of a second belt zone (Ex. Fig. 4, first edge of first belt zone A2 and second edge of second belt zone A1; para. 0075-0077; para. 0112-0113; para. 0121; para. 0126);
wherein the first edge of the first belt zone comprises first cut edges separated from each other by torn land regions, and wherein the first cut edges comprise a first free fiber end density, and wherein the torn land regions comprise a second free fiber end density (Fig. 2(a), frangible pathway considered perforated portions of 10A/10B making up first and second tear zones; Ex. Fig. 4; para. 0075-0077; para. 0112-0113; para. 0121; para. 0126; perforated portions of 10A/10B considered lines of weakness made up of individual cut lines and the parts of fibrous substrate making up front belt 1F between the individual cut lines can be considered the land regions; by the fibrous substrates being torn, they would contain some free fiber end density; no specific amount of free fiber end density allows for the value to be 0 and above); and
(Claim 3) wherein the second free fiber end density is greater than zero (Fig. 2(a), frangible pathway considered perforated portions of 10A/10B making up first and second tear zones; para. 0075-0077; para. 0112-0113; para. 0121; para. 0126; perforated portions of 10A/10B considered lines of weakness made up of individual cut lines and the parts of fibrous substrate making up front belt 1F between the individual cut lines can be considered the land regions; by the fibrous substrates being torn, they would contain some free fiber end density).
Tachibana differs from the instantly claimed invention in that Tachibana fails to explicitly disclose
(Claim 1) a plurality of fibers of the fibrous substrate extending at least partially across the cut line between the first cut edge and the second cut edge;
wherein the second free fiber end density is greater than the first free fiber end density;
(Claim 2) wherein the second free fiber end density is from about 2 free fiber ends/mm to about 10000 free fiber ends/mm;
(Claim 4) wherein the first free fiber end density is greater than zero;
(Claim 19) wherein the first edge comprises a Loose Fiber Ends Value of about 35 to about 65; and
(Claim 20) wherein the cut line comprises a Cut Line Occlusion of about 15% to about 80%.
Eimann teaches substrate for an absorbent article comprising a perforated line that is torn for separation in manufacturing (Fig. 10A-10I, substrate 301; para. 0169) comprising:
(Claim 1) a plurality of fibers of the fibrous substrate extending at least partially across the cut line between the first cut edge and the second cut edge (Fig. 10A-10I showing fibers of substrate 301 extending at least partially over first cut edge 213; Ex. Fig. 4);
wherein the second free fiber end density is greater than the first free fiber end density (Fig. 10A-10I, clusters 222; para. 0146 and 0152, heat used for cutting nonwoven material causes the material adjacent to the laser beam to melt such that the fibers may join together to form clusters; para. 0169, perforating a material using lasers creates cut lines comprising some accumulation bulbs and clusters and tearing the land areas next to the cut lines allows for a greater number of fibers to tear and create free fiber ends; free fiber ends considered fiber ends not in clusters);
(Claim 2) wherein the second free fiber end density is greater than zero (para. 0169, perforating a material using lasers creates cut lines comprising some accumulation bulbs and clusters and tearing the land areas next to the cut lines allows for a greater number of fibers to tear and create free fiber ends; free fiber ends considered fiber ends not in clusters);
(Claim 4) wherein the first free fiber end density is greater than zero (Fig. 10A-10I, free fiber ends considered fiber ends not in clusters; para. 0171);
(Claim 19) wherein the first edge comprises loose fiber ends (Fig. 10A-10I, free/loose fiber ends considered fiber ends not in clusters; para. 0171);
(Claim 20) wherein the cut line comprises a cut line occlusion (Fig. 10A-10I showing fibers of substrate 301 extending at least partially over first cut edge 213; Ex. Fig. 4); and
wherein reducing or eliminating the clusters of fiber ends in perforated sections of a substrate by the manufacturing method of Eimann contributes to a desirably soft feeling for consumer products (para. 0169).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the cut lines of Tachibana to be formed by the method of Eimann, because Eimann teaches that reducing or eliminating the clusters of fiber ends in perforated sections of a substrate by the manufacturing method of Eimann contributes to a desirably soft feeling for consumer products (para. 0169).
Further, the cited prior art differ from the instantly claimed invention in that the cited prior art fail to disclose
(Claim 2) wherein the second free fiber density is from about 2 free fiber ends/mm to about 10000 free fiber ends/mm,
(Claim 19) wherein the first edge comprises a Loose Fiber Ends value of about 35 to about 65; and
(Claim 20) wherein the cut line comprises a Cut Line Occlusion of about 15% to about 80%.
Eimann discloses (para. 0162; para. 0169) that it is desirable to have component parts that are considered to be soft, smooth, and/or non-irritating for use in absorbent articles, that reducing or eliminating clusters will contribute to the soft feeling of the separation edge, and that a greater number of torn fibers with free fiber ends contribute to the soft feeling of the separation edge; therefore, the second free fiber density and the Loose Fiber Ends values are disclosed to be result effective variables in that changing the amount of free fibers in the cut lines and torn land regions contribute to the desirable soft feeling of the separation edge. Further, it appears that one of ordinary skill in the art would have had a reasonable expectation of success in modifying device of Tachibana, as modified by Eimann, to have free fibers within the claimed range, as it involves only adjusting the dimension of a component disclosed to require adjustment. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tachibana, as modified by Eimann, by making the second free fiber density from about 2 free fiber ends/mm to about 10000 free fiber ends/mm and the first edge comprising a Loose Fiber Ends value of about 35 to about 65 as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See MPEP 2144.05(I).
Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tachibana, as modified by Eimann, to have a cut line occlusion from about 15-80% since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” See MPEP 2144.04(B)(IV)(A). In the instant case, the device of Tachibana would not operate differently with the claimed cut line occlusion and since the cut lines of Tachibana, as modified by Eimann, comprise at least some cut line occlusion and are acceptable for tearing (Eimann: para. 0169), the device would function appropriately having the claimed cut line occlusion. Further, it appears that the applicant places no criticality on the range claimed, indicating simply that the cut line occlusion “may” be within the claimed ranges (specification para. 0042).
Regarding claim 5, the cited prior art suggests the invention of claim 1. Tachibana further discloses wherein a portion of the chassis overlaps the inner wearer facing surface of the first belt to define a chassis overlap region (Ex. Fig. 3; para. 0071; para. 0080).
Regarding claim 6, the cited prior art suggests the invention of claim 5. Tachibana further discloses wherein the frangible pathway extends between a proximal terminus and a distal terminus (Fig. 2(a), frangible pathway considered perforated portions of 10A/10B making up first and second tear zones; Ex. Fig. 3; para. 0075-0077; para. 0112-0113; para. 0121; para. 0126).
Regarding claim 7, the cited prior art suggests the invention of claim 6. Tachibana further discloses wherein the first belt further comprises a laterally extending inner edge and a laterally extending outer edge, the outer edge positioned longitudinally outward of the inner edge (Fig. 2(a), first belt 1F comprising laterally extending inner edge C2 and laterally extending outer edge C1), wherein the proximal terminus is positioned on the inner edge and a distal terminus is positioned on the outer edge (Fig. 2(a), frangible pathway considered perforated portions of 10A/10B making up first and second tear zones; Ex. Fig. 3; para. 0075-0077; para. 0112-0113; para. 0121; para. 0126).
Regarding claim 14, the cited prior art suggests the invention of claim 5. Tachibana further discloses wherein the frangible pathway does not extend across the overlap region (Fig. 2(a), frangible pathway considered perforated portions of 10A/10B making up first and second tear zones; Ex. Fig. 3; para. 0075-0077; para. 0112-0113; para. 0121; para. 0126).
Regarding claim 15, the cited prior art suggests the invention of claim 1. Tachibana further discloses wherein the first belt comprises at least two layers of fibrous substrates (Fig. 2(c), first belt 1F comprising two layers; para. 0075).
Regarding claim 18, the cited prior art suggests the invention of claim 1. Tachibana further discloses wherein the fibrous substrate comprises a nonwoven (para. 0075).
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tachibana and Eimann as applied above, and further in view of JP/2005/287982 A to Nakaoka.
Regarding claims 8-11, the cited prior art suggests the invention of claim 6.
The prior art differs from the instantly claimed invention in that the prior art fails to disclose
(Claim 8) wherein the frangible pathway further comprises an accessibility opening in the first belt;
(Claim 9) the frangible pathway comprises a first tear zone extending between the accessibility opening and one of the distal terminus and the proximal terminus;
(Claim 10) wherein the frangible pathway comprises a second tear zone extending between the accessibility opening and another one of the distal terminus and the proximal terminus; and
(Claim 11) wherein the accessibility opening is positioned in the overlap region.
Nakaoka teaches an absorbent article comprising a frangible pathway (Fig. 1, absorbent article 1A; Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040),
(Claim 8) wherein the frangible pathway further comprises an accessibility opening in the first belt (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040);
(Claim 9) the frangible pathway comprises a first tear zone extending between the accessibility opening and one of the distal terminus and the proximal terminus (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040);
(Claim 10) wherein the frangible pathway comprises a second tear zone extending between the accessibility opening and another one of the distal terminus and the proximal terminus (Ex. Fig. 1, frangible pathway considered perforated portions 22 making up first and second tear zones and completely cut portion/accessibility opening 21; para. 0034; para. 0039-0040);
(Claim 11) wherein the accessibility opening is positioned in the overlap region (Ex. Fig. 1; Fig. 3); and
wherein providing an accessibility opening in the middle of the frangible pathway allows for easy separation of the pathway by hooking a finger into or pinching a tab formed at the accessibility opening (para. 0054-0055).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the frangible pathway of the prior art to further comprise an accessibility opening as taught by Nakaoka, because Nakaoka teaches that wherein providing an accessibility opening in the middle of the frangible pathway allows for easy separation of the pathway by hooking a finger into or pinching a tab formed at the accessibility opening (para. 0054-0055).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US/2006/0135936 A1 to Markovich, US/2004/0186451 A1 to Bishop, and U.S. Patent no. 8,066,684 B2 to Fujioka all disclose absorbent articles comprising frangible pathways.
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/Linnae E. Raymond/Examiner, Art Unit 3781
/LESLIE R DEAK/Primary Examiner, Art Unit 3799
20 July 2026
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