DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-6, 10, 12-14 and 16-21 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Waksmundzki et al. (2006/0069367).
With respect to claim 1, Waksmundzki discloses an absorbent article, as shown in figure 1, comprising a liquid permeable topsheet 301, a liquid impermeable backsheet 26, and an absorbent core 28, as shown in figure 2. The absorbent core 28 comprises an absorbent material comprising a mixture of cellulose fibers and superabsorbent material, as disclosed in paragraph [0039]. The superabsorbent material comprises carboxymethyl cellulose, as disclosed in paragraph [0034], which is disclosed in the present specification as being biodegradable and having a first color in a dry state and a second color in a wet state in that the first and second colors have CIELab color space difference of at least 2. The carboxymethyl cellulose superabsorbent material of Waksmundzki therefore inherently is biodegradable and has a first color in a dry state and a second color in a wet state in that the first and second colors have CIELab color space difference of at least 2, since where the chemical composition of the prior art is physically the same as the claimed invention, it must have the same properties (see MPEP 2112.01).
With respect to claim 2, the carboxymethyl cellulose superabsorbent material of Waksmundzki inherently has a
Δ
L* of greater than 5, since where the chemical composition of the prior art is physically the same as the claimed invention, it must have the same properties.
With respect to claim 4, the superabsorbent material is carboxymethylcellulose, which is a polysaccharide-derived polymer.
With respect to claim 5, the
Δ
E between the dry state and the wet state is inherently greater than 10, as discussed in the rejection of claim 1 above.
With respect to claim 6, the absorbent core 28 comprises a first and a second layer, as shown in figure 3, wherein the first and second layers contain different grades of superabsorbent material, as disclosed in paragraph [0035].
With respect to claim 10, the
Δ
E between the dry state and the wet state is inherently greater than 20, as discussed in the rejection of claim 1 above.
With respect to claim 12, the cellulose fibers comprise at least 20% wt of the absorbent material, as disclosed in paragraph
With respect to claim 16, the carboxymethyl cellulose superabsorbent material of Waksmundzki inherently has a
Δ
L* of greater than 10, since where the chemical composition of the prior art is physically the same as the claimed invention, it must have the same properties.
With respect to claim 17, the superabsorbent material is crosslinked carboxymethylcellulose, as disclosed in parargraph [0034], which is a polysaccharide-derived polymer having crosslinked polysaccharides.
With respect to claim
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) 3, 7-9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waksmundzki et al. (2006/0069367) in view of Bub et al. (8,703,450).
With respect to claim 3, Waksmundzki discloses all aspects of the claimed invention with the exception of the superabsorbent material comprising carbohydrate fermentation-derived polymers. Waksmundzki discloses the superabsorbent material can be acrylic acid polymers, as disclosed in paragraph [0043], but remains silent as to the derivation of the polymers. Bub discloses acrylic acid superabsorbent polymers for use in absorbent articles, as disclosed in column 1, lines 15-38. Bub teaches carbohydrate fermentation-derived acrylic acid, as disclosed in column 12, lines 12-33, to achieve a sustainable polymer that is based on non-fossil, renewable organic materials, as disclosed in column 15, lines 6-10. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the acrylic acid superabsorbent polymers of Waksmundzki to comprise carbohydrate fermentation-derived polymers, as taught by Bub, to achieve a sustainable polymer that is based on non-fossil, renewable organic materials.
With respect to claims 7-8, Waksmundzki, as modified by Bub to comprise a carbohydrate fermentation-derived acrylic acid polymer, discloses a first layer 280 arranged proximal to the topsheet 301 and a second layer 282 arranged proximal to the backsheet 26, as shown in figure 2, each layer comprising a different superabsorbent material, as disclosed in paragraph [0035].
With respect to claim 9, Waksmundzki discloses in paragraph [0037] that each layer of the absorbent core can comprise a blend of superabsorbent material, the superabsorbent material comprising acrylic acid and carboxymethylcellulose, as disclosed in paragraph [0034]. Waksmundzki, as modified by Bub to comprise a carbohydrate fermentation-derived acrylic acid polymer, therefore discloses both first and second absorbent layers contain a carbohydrate fermentation-derived polymer and a polysaccharides-derived polymer.
With respect to claim 11, Waksmundzki, as modified by Bub to comprise a carbohydrate fermentation-derived acrylic acid polymer, inherently discloses a color space difference between the dry state and wet state of greater than 20, since where the chemical composition of the prior art is physically the same as the claimed invention, it must have the same properties.
Claim(s) 12-13 and 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waksmundzki et al. (2006/0069367) in view of Wirtz et al. (2014/0005622).
With respect to claims 12 and 18-19, Waksmundzki discloses all aspects of the claimed invention with the exception of the cellulose fibers comprised at a level of at least 20% wt, and 29-37% wt. Wirtz teaches providing the absorbent core of an absorbent article with at least 25% of cellulose fibers, and as much as 45%, as disclosed in paragraph [0107], a range that overlaps the claimed ranges. 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 absorbent core of Waksmundzki with 29-37% of cellulose fibers, as taught by Wirtz, since where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists (see MPEP 2144.05(I)).
With respect to claim 13, Waksmundzki discloses the absorbent material is wrapped in a core wrap substrate comprising an upper layer 286 and a lower layer 288, as shown in figure 3. Waksmundzki discloses all aspects of the claimed invention with the exception of the upper and lower layers being joined together by adhesive, mechanical bonds, ultrasonic bonds, thermal bonds, or pressure bonds. Wirtz discloses an absorbent core comprising a core wrap substrate comprising upper and lower layers wherein the upper and lower layers are joined together by adhesives, as shown in figure 18 and disclosed in paragraph [0123]. 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 join the upper and lower layers of Waksmundzki together by adhesive, as taught by Wirtz, to achieve the predictable result of securing the core wrap around the absorbent layers to prevent absorbent material from escaping the core.
With respect to claims 20-21, Waksmundzki discloses all aspects of the claimed invention with the exception of the upper and lower layers being joined together at an attachment zone to form a channel substantially free of absorbent material. Wirtz teaches joining the upper and lower layers together at an attachment zone to form a channel 11 that is substantially free of absorbent material, as shown in figure 18, to provide for fast liquid acquisition to reduce leakage, as disclosed in paragraph [0124]. 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 join the upper and lower layers of Waksmundzki together in an attachment zone to form a channel, as taught by Wirtz, to improve acquisition and reduce leakage.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waksmundzki et al. (2006/0069367).
With respect to claim 14, Waksmundzki discloses all aspects of the claimed invention with the exception of the cellulose fibers being unbleached pulp. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the cellulose fibers of Waksmundzki unbleached pulp to achieve the predictable result of fibers that are natural and untreated to reduce the ecological impacts of forming the absorbent article.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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