DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Rosati et al. US Patent Application Publication 2012/0316526 in view of Olson et al. USPN 6297424.
As to claim 1, Rosati teaches an absorbent article 1 comprising a front edge, a back edge and two longitudinally extending side edges (Figs. 1 and 2A),
a topsheet (para. 0145),
a backsheet (paras. 0146-0147), and
an absorbent core 7/13/17 disposed at least partially between the topsheet and backsheet (paras. 0143-0144),
the absorbent core comprising a core wrap 16,16’ enclosing an absorbent material;
wherein the core wrap comprises a top side 16’ and a bottom side 16 (Figs. 5-7; paras. 0010 and 0020-0021);
wherein the absorbent core comprises a first absorbent layer 17 (Figs. 5-7; para. 0010) and a second absorbent layer 17’ (Figs. 5-7; para. 0018);
wherein the absorbent core 17 comprises two longitudinally extending channel-forming areas 26 substantially free of absorbent material through which the top side of the core wrap is attached to the bottom side of the core wrap (Figs. 2A and 7; para. 0011).
Rosati teaches the present invention substantially as claimed, but does not teach a wetness indicator. Olson teaches an absorbent article having wetness indicators for the benefit of allowing the caregiver to interact with the user in an educational and motivational manner to enhance the toilet training process (Olson, Abstract). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Rosati with a wetness indicator for the benefits taught in Olson.
wherein the absorbent article further comprises a wetness indicator that changes appearance when contacted with urine – Olson teaches the absorbent article comprises active graphics which appear or fade when exposed to urine (Olson col. 2, lines 3-16).
Rosati/Olson do not specifically teach the wetness indicator has a length in a longitudinal direction of the absorbent article that is longer than that of the channel-forming areas. Rosati teaches the length of the channel regions 26, are from 5% of the length of the absorbent layer (L) to up to 80% of L (Rosati para. 0012). Olson teaches the wetness indicator (active graphics) are positioned in various locations on an absorbent article, such as closer to transverse centerline, in the crotch and/or one or both of the waist regions (Olson col. 7 line 62 through col. 8, line 17). Olson further teaches the active graphic region suitable has a length dimension measured parallel to the longitudinal centerline of about 10 cm, and may be spaced from the first end edge of the product by approximately 13 to 16 cm (Olson col. 8, lines 20-27). While Rosati/Olson do not specifically teach the wetness indicator has a length longer than the channel regions, Rosati/Olson do teach the general condition of using the channels to direct fluid and specifically, Olson teaches the densified regions channel or direct liquid to the location near the outer cover where the active graphics are located (Olson col. 9, lines 55-65). Therefore, one having ordinary skill in the art before the invention was originally filed would have been motivated to provide the wetness indicator at a length longer than the channels to capture urine that is directed by the channels to other areas of the absorbent where the active graphics are noticeable for effective toilet training.
As to claim 2, Rosati/Olson teach the wetness indicator comprises a color change signal (Olson col. 2, lines 36-48).
As to claim 3, Rosati/Olson teach the wetness indicator comprises a pH indicator and/or a water soluble dye (Olson col. 2, lines 42-49).
As to claim 4, Rosati/Olson teach the wetness indicator is disposed between the bottom side of the core wrap and an inner surface of the backsheet – where Olson teaches the wetness indicator can be applied directly or indirectly to a surface of the outer cover, or applied with a layer of the outer cover or another substrate (col. 8, lines 51-63). It would have been obvious to one having ordinary skill in the art to place the indicator between the bottom side of the core wrap and the inner surface of the backsheet/outer cover, so the graphics can be viewed by the user after the absorbent is loaded with urine.
As to claim 5, Rosati/Olson teach the absorbent material 50 comprises cellulose fibers (Rosati paras. 0047, 0109).
As to claim 6, Rosati/Olson teach the first absorbent layer 17 comprises a first absorbent material, and wherein the first absorbent material consists of superabsorbent polymer – where the first absorbent layer comprises absorbent material 50 (Rosati Figs. 5-7; para. 0047). Rosati teaches absorbent material 50 may comprise at least 60^ or at least 70% by weight of superabsorbent polymer material (para. 0110). Rosati teaches in some embodiments, the absorbent layer 17 comprises absorbent material 50 that consists substantially of absorbent polymer material or may be free of cellulosic material (para. 0111).
As to claim 7 and 8, Rosati/Olson do not specifically teach the wetness indicator is disposed between the two longitudinally extending channel-forming areas and/or disposed between the two longitudinally extending channel-forming areas and one of the two longitudinally extending side edges and one of the two longitudinally extending side edges. Rosati teaches the length of the channel regions 26, are from 5% of the length of the absorbent layer (L) to up to 80% of L (Rosati para. 0012). Olson teaches the wetness indicator (active graphics) are positioned in various locations on an absorbent article, such as closer to transverse centerline, in the crotch and/or one or both of the waist regions (Olson col. 7 line 62 through col. 8, line 17). Olson further teaches the active graphic region suitable has a length dimension measured parallel to the longitudinal centerline of about 10 cm, and may be spaced from the first end edge of the product by approximately 13 to 16 cm (Olson col. 8, lines 20-27). While Rosati/Olson do not specifically teach the wetness indicator disposed between two channel regions, Rosati/Olson do teach the general condition of using the channels to direct fluid. Rosati further teaches no channel coincides with the longitudinal axis and the channels may be up to 8mm apart (Rosati para. 0081). Rosati teaches the channels may be positioned so there is a central longitudinal strip coinciding with the longitudinal axis which is free of any channels (Rosati par. 0085), which provides a space for a wetness sensor. Olson teaches locating active graphics in the crotch region of the product, near the target spot for urination (Olson col. 8, lines 1-7). It would have been obvious for one having ordinary skill in the art before the invention was originally filed to provide the wetness indicator disposed between the two longitudinally extending channel-forming areas and one of the two longitudinally extending side edges. Doing so would allow active graphics that are triggered by contact with urine to be located on the area of the outer cover that is most likely to experience wetness during the first void (Olson col. 8, lines 4-6).
As to claim 9, Rosati/Olson teach the absorbent material defines an absorbent material deposition area where Rosati teaches the first and second channels 26, and optionally further channels, may be positioned in the absorbent layer 17 such that there is a central longitudinal strip, coinciding with the longitudinal axis, which is free of any channels 26; said absorbent material 50 may be substantially continuously present in the strip. For example, the strip may have a minimum width D of at least 5% of W(width of absorbent layer), or at least 10% of W, and/or for example at least 5mm, or at least 10mm, or up to 40 mm (Rosati par. 0084), which defines a width of the absorbent material deposition area in a crotch region. As shown in Fig. 2A of Rosati, the strip of absorbent material has a width D in the crotch region and the front and back regions have a larger width outside of the channels 26.
As to claim 10, Rosati teaches an absorbent article 1 comprising a front edge, a back edge and two longitudinally extending side edges (Figs. 1 and 2A), an absorbent article length (L) measured from the front edge to the back edge (Fig. 1),
a topsheet (para. 0145),
a backsheet (paras. 0146-0147), and
an absorbent core 7/13/17 disposed at least partially between the topsheet and backsheet (paras. 0143-0144),
the absorbent core comprising a core wrap 16,16’ enclosing an absorbent material;
wherein the core wrap comprises a top side 16’ and a bottom side 16 (Figs. 5-7; paras. 0010 and 0020-0021);
wherein the absorbent core 17 comprises two longitudinally extending channel-forming areas 26 substantially free of absorbent material through which the top side of the core wrap is attached to the bottom side of the core wrap (Figs. 2A and 7; para. 0011).
Rosati teaches the present invention substantially as claimed, but does not teach a wetness indicator. Olson teaches an absorbent article having wetness indicators for the benefit of allowing the caregiver to interact with the user in an educational and motivational manner to enhance the toilet training process (Olson, Abstract). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Rosati with a wetness indicator for the benefits taught in Olson.
The absorbent article of Rosati/Olson further comprises a wetness indicator that changes appearance when contacted with urine – Olson teaches the absorbent article comprises active graphics which appear or fade when exposed to urine (Olson col. 2, lines 3-16).
Rosati/Olson do not specifically teach the wetness indicator is disposed between the two longitudinally extending channel-forming areas and/or disposed between the two longitudinally extending channel-forming areas and one of the two longitudinally extending side edges and one of the two longitudinally extending side edges. Rosati teaches the length of the channel regions 26, are from 5% of the length of the absorbent layer (L) to up to 80% of L (Rosati para. 0012). Olson teaches the wetness indicator (active graphics) are positioned in various locations on an absorbent article, such as closer to transverse centerline, in the crotch and/or one or both of the waist regions (Olson col. 7 line 62 through col. 8, line 17). Olson further teaches the active graphic region suitable has a length dimension measured parallel to the longitudinal centerline of about 10 cm, and may be spaced from the first end edge of the product by approximately 13 to 16 cm (Olson col. 8, lines 20-27). While Rosati/Olson do not specifically teach the wetness indicator disposed between two channel regions, Rosati/Olson do teach the general condition of using the channels to direct fluid. Rosati further teaches no channel coincides with the longitudinal axis and the channels may be up to 8mm apart (Rosati para. 0081). Rosati teaches the channels may be positioned so there is a central longitudinal strip coinciding with the longitudinal axis which is free of any channels (Rosati par. 0085), which provides a space for a wetness sensor. Olson teaches locating active graphics in the crotch region of the product, near the target spot for urination (Olson col. 8, lines 1-7). It would have been obvious for one having ordinary skill in the art before the invention was originally filed to provide the wetness indicator disposed between the two longitudinally extending channel-forming areas and one of the two longitudinally extending side edges. Doing so would allow active graphics that are triggered by contact with urine to be located on the area of the outer cover that is most likely to experience wetness during the first void (Olson col. 8, lines 4-6).
As to claim 11, Rosati/Olson teach the absorbent material comprises 70% or more of superabsorbent polymer particles by weight of the absorbent material (Rosati para. 0110).
As to claim 12, Rosati/Olson teach the absorbent material further comprises cellulose fibers (Rosati para. 0109).
As to claim 13, Rosati/Olson teach the wetness indicator comprises a color change signal (Olson col. 2, lines 36-48).
As to claim 14, Rosati/Olson teach the wetness indicator comprises a pH indicator and/or a water soluble dye (Olson col. 2, lines 42-49).
As to claim 15, Rosati/Olson teach the wetness indicator is disposed between the bottom side of the core wrap and an inner surface of the backsheet – where Olson teaches the wetness indicator can be applied directly or indirectly to a surface of the outer cover, or applied with a layer of the outer cover or another substrate (col. 8, lines 51-63). It would have been obvious to one having ordinary skill in the art to place the indicator between the bottom side of the core wrap and the inner surface of the backsheet/outer cover, so the graphics can be viewed by the user after the absorbent is loaded with urine.
As to claim 16, Rosati/Olson teach the absorbent core 7/13/17 comprises a first absorbent layer 17 and a second absorbent layer 17’ (Rosati Figs. 5-7; paras. 0010 and 0018).
As to claim 17, Rosati/Olson teach the first absorbent layer 17 comprises a first absorbent material 50, and wherein the first absorbent material consists of superabsorbent polymer – where the first absorbent layer comprises absorbent material 50 (Rosati Figs. 5-7; para. 0047). Rosati teaches absorbent material 50 may comprise at least 60^ or at least 70% by weight of superabsorbent polymer material (para. 0110). Rosati teaches in some embodiments, the absorbent layer 17 comprises absorbent material 50 that consists substantially of absorbent polymer material or may be free of cellulosic material (para. 0111).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
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/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781
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