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 Objections
Claim 16 objected to because of the following informalities: Claim 16 is incorrectly numbered as claim 19. 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 7 are 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 7 recites the limitation "the nonwoven" in line 1. There is insufficient antecedent basis for this limitation in the claim. Previously, both a first nonwoven and a second nonwoven were disclosed, and it is unclear to which nonwoven the claim limitation refers. For purposes of examination, the limitation will be considered to refer to the first surface of the first nonwoven as disclosed in claim 1.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-3 and 6-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al. (2007/0016155) in view of Malchow et al. (2006/0149209) and Rekoske et al. (9,243,367).
With respect to claim 1, Chang discloses an absorbent article, as shown in figure 1, comprising a chassis having a topsheet 152, a backsheet (see paragraph [0021]), an absorbent core 154, a first waist region 112, a second waist region 114, and a crotch region 116. Ears 124 are joined to the chassis, as shown in figure 1, and comprise a laminate comprising a first nonwoven 318, a second nonwoven 320, and an elastomeric material 322 sandwiched therebetween, as shown in figure 3. The laminate comprises a first inelastic region 216 and an elastic region 214, wherein the first inelastic region 216 is free of elastomeric material 322, as shown in figure 3. A fastening system 1018 is joined to the ear, as shown in figure 10A.
Chang discloses all aspects of the claimed invention with the exception of a first plurality of bonds and a second plurality of bonds, the laminate comprising a plurality of ultrasonic bonds, and the first surface of the first nonwoven having an average TS7 value of 12 dbV2rms or less and an average TS750 value of 115 db V2rms or less.
Malchow discloses an absorbent article comprising an ear 62 joined to a chassis, as shown in figure 2, the ear comprising of nonwoven and elastomeric material, as disclosed in paragraph [0059]. Malchow teaches bonding the laminate using ultrasonic bonds, as disclosed in paragraph [0062], to improve tear resistance, as disclosed in paragraph [0064]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the laminate of Chang with a plurality of ultrasonic bonds, as taught by Malchow, to improve tear resistance. Forming ultrasonic bonds in the laminate of Chang would result in a first plurality of bonds in the first nonwoven and a second plurality of bonds in the second nonwoven.
Rekoske teaches providing nonwoven materials with a TS7 value of less than 12 dbV2rms and a TS750 value of less than 115 dbV2rms, to achieve a nonwoven that is both soft and strong, as disclosed in column 3, lines 6-18. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first nonwoven of Chang with an average TS7 value of less than 12 dbV2rms and an average TS750 value of less than 115 dbV2rms, as taught by Rekoske, to achieve a nonwoven that is soft but strong enough to withstand use.
With respect to claim 2, modified Chang discloses all aspects of the claimed invention with the exception of the exterior surface of the laminate in the elastic region having an average TS7 value of at least 2 dbV2rms. The exterior surface of the laminate of Change comprises the second nonwoven, as shown in figures 1 and 3. Rekoske teaches providing nonwoven materials with a TS7 value of 8 dbV2rms to achieve a nonwoven that is both soft and strong, as disclosed in column 3, lines 6-18. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the exterior surface of the laminate of Chang with an average TS7 value of at least 2 dbV2rms, as taught by Rekoske, to achieve a nonwoven that is soft but strong enough to withstand use.
With respect to claim 3, modified Chang discloses all aspects of the claimed invention with the exception of the exterior surface of the laminate in the elastic region having an average TS750 value of at least 50 dbV2rms. Rekoske discloses that the TS750 value affects the softness and strength of a nonwoven, as disclosed in column 3, lines 6-18, and therefore the TS750 value is considered to be a result-effective variable. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the exterior surface of the laminate of Chang in the elastic region with a TS750 value of dbV2rms since it has been held that where the general conditions of a claim are disclosed in the prior art, finding the optimum or workable range involves only routine skill in the art. In re Aller, 105 USPQ 233.
With respect to claim 6, modified Chang discloses all aspects of the claimed invention with the exception of the laminate having an Average Load at Break of 25 N or greater. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the laminate of Chang with an Average Load at Break of 25 N or greater to achieve the predictable result of a laminate with improved strength that will not tear during wearing of the article.
With respect to claim 7, modified Chang discloses all aspects of the claimed invention with the exception of the first surface of the nonwoven having an average TS750 value of 11 dbV2rms or less. Rekoske teaches providing nonwoven materials with a TS750 value of less than 11 dbV2rms to achieve a nonwoven that is both soft and strong, as disclosed in column 3, lines 6-18. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first surface of the nonwoven of Chang with an average TS750 value of 11 dbV2rms or less, as taught by Rekoske, to achieve a nonwoven that is soft but strong enough to withstand use.
With respect to claim 8, modified Chang discloses all aspects of the claimed invention with the exception of the laminate having an Average Normalized Peak Force from about 0.160-0.230 (N/cm)(g/m2). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the laminate of Chang with an Average Normalized Peak Force from about 0.160-0.230 (N/cm)(g/m2) to achieve the predictable result of a laminate with improved strength that will not tear during wearing of the article.
With respect to claim 9, modified Chang discloses all aspects of the claimed invention with the exception of the laminate having an Average % Strain at Peak Force from about 40-60%. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the laminate of Chang with an Average % Strain at Peak Force from about 40-60% to achieve the predictable result of a laminate with improved strength that will not tear during wearing of the article.
With respect to claim 10, modified Chang discloses all aspects of the claimed invention with the exception of the absorbent core comprising cellulosic fibers. The use of cellulosic fibers in the absorbent core of an absorbent article is well-known in the art. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorbent core of Chang with cellulosic fibers to achieve the predictable result of a core that is sufficiently absorbent.
With respect to claim 11, modified Chang discloses all aspects of the claimed invention with the exception of the first nonwoven having an average bond area of about 8-12%. Malchow teaches providing an average bond area in the range of 8-12% as disclosed in paragraph [0015]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first nonwoven of Chang with an average bond area in the range of 8-12%, as taught by Malchow, to achieve the predictable result of enough bonds to securely form the laminate.
With respect to claim 12, modified Chang discloses all aspects of the claimed invention with the exception of the first nonwoven having an average bond major dimension of about 1.25-8 mm. Malchow teaches a bond dimension of 1.641, as disclosed in Table A, and discloses in paragraph [0018] that the bond site area impact bond integrity. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first nonwoven of Chang with an average bond major dimension of 1.641 mm, as taught by Malchow, to improve bond integrity.
With respect to claim 13, modified Chang discloses all aspects of the claimed invention with the exception of the first nonwoven comprising a bond site area of about 0.5-2.0 mm2. Malchow teaches a bond having a bond site area of 0.0021 in2, or about 1.35 mm2 to improve bond integrity, as disclosed in paragraph [0018]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first nonwoven of Chang with a bond side area of 1.35 mm2, as taught by Malchow, to improve bond integrity.
With respect to claim 14, Chang discloses an absorbent article, as shown in figure 1, comprising a chassis having a topsheet 152, a backsheet (see paragraph [0021]), an absorbent core 154, a first waist region 112, a second waist region 114, and a crotch region 116. Ears 124 are joined to the chassis, as shown in figure 1, a fastening system 1018 is joined to the ear, as shown in figure 10A. The ears 124 comprise a laminate comprising a first nonwoven 318 and an elastomeric material 322, as shown in figure 3. The laminate comprises a inelastic region 216 and an elastic region 214, wherein the inelastic region 216 is free of elastomeric material 322, as shown in figure 3.
Chang discloses all aspects of the claimed invention with the exception of the first nonwoven comprising a first plurality of bonds, the laminate comprising a plurality of ultrasonic bonds, and the first surface of the first nonwoven having an average TS750 value of 115 db V2rms or less.
Malchow discloses an absorbent article comprising an ear 62 joined to a chassis, as shown in figure 2, the ear comprising of nonwoven and elastomeric material, as disclosed in paragraph [0059]. Malchow teaches bonding the laminate using ultrasonic bonds, as disclosed in paragraph [0062], to improve tear resistance, as disclosed in paragraph [0064]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the laminate of Chang with a plurality of ultrasonic bonds, as taught by Malchow, to improve tear resistance. Forming ultrasonic bonds in the laminate of Chang would result in a first plurality of bonds in the first nonwoven.
Rekoske teaches providing nonwoven materials with a TS7 value of less than 12 dbV2rms and a TS750 value of less than 115 dbV2rms, to achieve a nonwoven that is both soft and strong, as disclosed in column 3, lines 6-18. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first nonwoven of Chang with an average TS750 value of less than 115 dbV2rms, as taught by Rekoske, to achieve a nonwoven that is soft but strong enough to withstand use.
With respect to claim 15, Chang discloses an elastic member 130 disposed in the second waist region 114, as shown in figure 1.
With respect to claim 16, modified Chang discloses all aspects of the claimed invention with the exception of the first nonwoven having an average bond area of about 8-12%. Malchow teaches providing an average bond area in the range of 8-12% as disclosed in paragraph [0015]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first nonwoven of Chang with an average bond area in the range of 8-12%, as taught by Malchow, to achieve the predictable result of enough bonds to securely form the laminate.
With respect to claim 17, modified Chang discloses all aspects of the claimed invention with the exception of the absorbent core comprising cellulosic fibers. The use of cellulosic fibers in the absorbent core of an absorbent article is well-known in the art. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorbent core of Chang with cellulosic fibers to achieve the predictable result of a core that is sufficiently absorbent.
With respect to claim 18, modified Chang discloses all aspects of the claimed invention with the exception of the exterior surface of the laminate in the elastic region having an average TS750 value of at least 50 dbV2rms. Rekoske discloses that the TS750 value affects the softness and strength of a nonwoven, as disclosed in column 3, lines 6-18, and therefore the TS750 value is considered to be a result-effective variable. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the exterior surface of the laminate of Chang in the elastic region with a TS750 value of dbV2rms since it has been held that where the general conditions of a claim are disclosed in the prior art, finding the optimum or workable range involves only routine skill in the art. In re Aller, 105 USPQ 233.
With respect to claim 19, Chang discloses an absorbent article, as shown in figure 1, comprising a chassis having a topsheet 152, a backsheet (see paragraph [0021]), an absorbent core 154, a first waist region 112, a second waist region 114, and a crotch region 116. Ears 124 are joined to the chassis, as shown in figure 1, a fastening system 1018 is joined to the ear, as shown in figure 10A. The ears 124 comprise a laminate comprising a first nonwoven 318 and an elastomeric material 322, as shown in figure 3. The laminate comprises a inelastic region 216 and an elastic region 214, wherein the inelastic region 216 is free of elastomeric material 322, as shown in figure 3.
Chang discloses all aspects of the claimed invention with the exception of the laminate comprising a plurality of ultrasonic bonds in a staggered pattern, the first nonwoven having an Average Bond Area of about 12% or less, and the first surface of the first nonwoven having an average TS750 value of 115 db V2rms or less.
Malchow discloses an absorbent article comprising an ear 62 joined to a chassis, as shown in figure 2, the ear comprising of nonwoven and elastomeric material, as disclosed in paragraph [0059]. Malchow teaches bonding the laminate using ultrasonic bonds, as disclosed in paragraph [0062], to improve tear resistance, as disclosed in paragraph [0064]. Malchow further teaches providing an average bond area of less than 12% as disclosed in paragraph [0015], and providing the bonds in a staggered pattern, as disclosed in paragraph [0019] and shown in figure 6. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the laminate of Chang with a plurality of ultrasonic bonds in a staggered pattern and having an Average Bond Area of less than 12%, as taught by Malchow, to improve tear resistance. Forming ultrasonic bonds in the laminate of Chang would result in a first plurality of bonds in the first nonwoven.
Rekoske teaches providing nonwoven materials with a TS7 value of less than 12 dbV2rms and a TS750 value of less than 115 dbV2rms, to achieve a nonwoven that is both soft and strong, as disclosed in column 3, lines 6-18. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the first nonwoven of Chang with an average TS750 value of less than 115 dbV2rms, as taught by Rekoske, to achieve a nonwoven that is soft but strong enough to withstand use.
With respect to claim 20, modified Chang discloses all aspects of the claimed invention with the exception of the absorbent core comprising cellulosic fibers. The use of cellulosic fibers in the absorbent core of an absorbent article is well-known in the art. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorbent core of Chang with cellulosic fibers to achieve the predictable result of a core that is sufficiently absorbent.
Allowable Subject Matter
Claims 4-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, Malchow, discloses only ultrasonic bonds in the laminate, and does not teach or suggest further providing the first and second nonwovens with first and second pluralities of thermal bonds in addition to the ultrasonic bonds.
Conclusion
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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