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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stelzig et al. (10,137,039).
With respect to claim 1, Stelzig discloses an absorbent article, as shown in figure 8, comprising a longitudinal center line 80’ and a transverse centerline 90’. The article comprises a topsheet 24, a backsheet 25, and an absorbent core 28, as shown in figure 8. The absorbent core 28 comprises a core wrap comprising a top side 16 and a bottom side 16’ and an absorbent layer 60, as shown in figure 2, the absorbent layer 60 comprising an absorbent material comprising superabsorbent polymer particles optionally mixed with cellulose fibers, as disclosed in column 7, line 63, to column 8, line 6. The absorbent layer 60 extends in the longitudinal and transverse directions, as shown in figure 1, and has a periphery comprising a front edge 280, a back edge 282, a first longitudinal side edge 284, and a second longitudinal side edge 286. First and second longitudinally extending channels 26a,b are substantially free of absorbent material wherein the top side 16 of the core wrap is attached from the bottom side 16’, as shown in figure 2. The channels 26a,b are symmetrically disposed on each side of the longitudinal centerline 80 and are different channels, as shown in figure 1. A first lateral absorbent zone extends transversally from the first channel 26a to the first side edge 284 and a second lateral absorbent zone extends transversally from the second channel 26b to the second side edge 286, as shown in figure 1.
Stelzig discloses all aspects of the claimed invention with the exception of the first and second lateral absorbent zones being profiled in the transverse direction so that they each have a Lateral Absorbent Zone Profile Ratio of at least 1.40 as measure according to the Lateral Absorbent Zone Profile Ratio Test. The Lateral Absorbent Zone Profile Ratio Test as disclosed in the present specification determines the ratio of the basis weights of the inner and outer regions of the lateral absorbent zones. Stelzig discloses that the basis weight of absorbent layer may be profiled along the transverse direction of the core so that more absorbent material is present in the areas where liquid is more likely to insult the core, as disclosed in column 11, lines 3-10. Since Stelzig discloses profiling the basis weight in the transverse direction affects the absorption of liquid, the ratio of the basis weight, and therefore the Lateral Absorbent Zone Profile Ratio, are considered to be result-effective variables. 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 and second lateral absorbent zones of Stelzig with a Lateral Absorbent Zone Profile Ratio of at least 1.40 as measure according to the Lateral Absorbent Zone Profile Ratio Test, since it has been held that where the general conditions of the claims are disclosed in the prior art, finding the optimum or workable ranges involves only routine skill in the art, and further to achieve the predictable result of providing more absorbent material in the areas closer to the central portion where liquid is more likely to insult the core. In re Aller, 105 USPQ 233.
With respect to claim 2, Stelzig discloses all aspects of the claimed invention with the exception of the first and second lateral absorbent zones being profiled in the transverse direction so that they each have a Lateral Absorbent Zone Profile Ratio of about 1.40 to about 3.0 as measure according to the Lateral Absorbent Zone Profile Ratio Test. The Lateral Absorbent Zone Profile Ratio Test as disclosed in the present specification determines the ratio of the basis weights of the inner and outer regions of the lateral absorbent zones. Stelzig discloses that the basis weight of absorbent layer may be profiled along the transverse direction of the core so that more absorbent material is present in the areas where liquid is more likely to insult the core, as disclosed in column 11, lines 3-10. Since Stelzig discloses profiling the basis weight in the transverse direction affects the absorption of liquid, the ratio of the basis weight, and therefore the Lateral Absorbent Zone Profile Ratio, are considered to be result-effective variables. 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 and second lateral absorbent zones of Stelzig with a Lateral Absorbent Zone Profile Ratio of about 1.40 to about 3.0 as measure according to the Lateral Absorbent Zone Profile Ratio Test, since it has been held that where the general conditions of the claims are disclosed in the prior art, finding the optimum or workable ranges involves only routine skill in the art, and further to achieve the predictable result of providing more absorbent material in the areas closer to the central portion where liquid is more likely to insult the core. In re Aller, 105 USPQ 233.
With respect to claim 3, the channels 26a,b are inwardly curved towards the longitudinal centerline 80, as shown in figure 1.
With respect to claim 4, a central absorbent zone is disposed between the first and second channels 26a,b, as shown in figures 1 and 2.
With respect to claim 5, the central absorbent zone and first and second lateral zones are not defined in the claim to have any specific longitudinal boundaries, and therefore the central absorbent zone of Stelzig can be defined to comprise about 5-25% of the total amount of absorbent material and the first and second lateral zones can be defined to comprise about 30-90% of the total amount of absorbent material.
With respect to claim 6, Stelzig discloses all aspects of the claimed invention with the exception of the central absorbent zone having a maximum width of at least 10 mm. Stelzig discloses in column 4, lines 37-38, that the absorbent core has a width of 40-200 mm, and shows in figure 1 that the maximum width of the central absorbent zone (i.e. between the ends of the channels) extends across approximately a third of the width of the core. 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 width of the central absorbent zone of Stelzig at least 10 mm to achieve the predictable result of a central absorbent zone that comprises a substantial amount of the overall width of the core to provide sufficient absorbent material between the channels.
With respect to claim 7, the channels 26 have length L’ in the longitudinal direction, as shown in figure 1, of 80% of the length L of the absorbent core, as disclosed in column 12, lines 37-41. The length L of the absorbent core is 500 mm, as disclosed in column 4, lines 37-39, and therefore the channels have a length of at least 10 cm.
With respect to claim 8, the absorbent material consists of superabsorbent polymer particles, as disclosed in column 8, lines 6-8.
With respect to claim 9, the superabsorbent polymer particles are immobilized within the core wrap by a microfibrous adhesive, as disclosed in column 16, lines 26-33.
With respect to claim 10, the absorbent core comprises an auxiliary glue 72 between the absorbent material and at least one of the top side 16 or bottom side 16’ of the core wrap, as shown in figure 2 and disclosed in column 13, lines 59-65.
With respect to claim 11, the auxiliary glue 72 at least partially immobilizes the absorbent material in the central absorbent zone and the lateral absorbent zones adjacent the channels 26, as shown in figure 2.
With respect to claim 12, the article comprises an acquisition layer 54 between the topsheet 24 and absorbent core 28 wherein the acquisition layer 54 is narrower than the absorbent core 28 and overlaps only a portion of the lateral absorbent zones disposed adjacent the channels 26, as shown in figure 9.
With respect to claim 13, the acquisition layer 54 overlaps the central absorbent zone between the channels 26, as shown in figure 9.
With respect to claim 14, a front absorbent zone of absorbent material is disposed longitudinally outwardly of the channels 26a,b towards the front edge 280 of the core and a back absorbent zone of absorbent material is disposed longitudinally outwardly of the channels towards the back edge 282 of the core, as shown in figure 1.
With respect to claim 15, Stelzig discloses a package comprising a plurality of the absorbent articles of claim 1, as disclosed in column 26, lines 54-67.
With respect to claim 16, Stelzig discloses an absorbent article, as shown in figure 8, comprising a longitudinal center line 80’ and a transverse centerline 90’. The article comprises a topsheet 24, a backsheet 25, and an absorbent core 28, as shown in figure 8. The absorbent core 28 comprises a core wrap comprising a top side 16 and a bottom side 16’ and an absorbent layer 60, as shown in figure 2, the absorbent layer 60 comprising an absorbent material comprising superabsorbent polymer particles optionally mixed with cellulose fibers, as disclosed in column 7, line 63, to column 8, line 6. The absorbent layer 60 extends in the longitudinal and transverse directions, as shown in figure 1, and has a periphery comprising a front edge 280, a back edge 282, a first longitudinal side edge 284, and a second longitudinal side edge 286. First and second longitudinally extending channels 26a,b are substantially free of absorbent material wherein the top side 16 of the core wrap is attached from the bottom side 16’, as shown in figure 2. The channels 26a,b are symmetrically disposed on each side of the longitudinal centerline 80 and are different channels, as shown in figure 1. A first lateral absorbent zone extends transversally from the first channel 26a to the first side edge 284 and a second lateral absorbent zone extends transversally from the second channel 26b to the second side edge 286, as shown in figure 1. The first and second longitudinal side edges 284 and 286 are generally straight and parallel to the longitudinal direction, as shown in figure 1.
Stelzig discloses all aspects of the claimed invention with the exception of the first and second lateral absorbent zones being profiled in the transverse direction so that the basis weight of the absorbent material in each lateral absorbent zone is higher towards the channels than towards the side edges. Stelzig discloses that the basis weight of absorbent layer may be profiled along the transverse direction of the core so that more absorbent material is present in the areas where liquid is more likely to insult the core, as disclosed in column 11, lines 3-10. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to profile the first and second lateral absorbent zones of Stelzig in the transverse direction so that the basis weight of the absorbent material in each lateral absorbent zone is higher towards the channels than towards the side edges to achieve the predictable result of providing more absorbent material in the areas closer to the central portion where liquid is more likely to insult the core.
With respect to claim 17, the article comprises an acquisition layer 54 between the topsheet 24 and absorbent core 28, as shown in figure 9.
With respect to claim 18, the absorbent layer comprises a central absorbent zone between the channels 26, and the acquisition layer 54 overlaps the central absorbent zone, as shown in figure 2.
With respect to claim 19, Stelzig discloses a package comprising a plurality of the absorbent articles of claim 16, as disclosed in column 26, lines 54-67.
With respect to claim 20, Stelzig discloses an absorbent article, as shown in figure 8, comprising a longitudinal center line 80’ and a transverse centerline 90’. The article comprises a topsheet 24, a backsheet 25, and an absorbent core 28, as shown in figure 8. The absorbent core 28 comprises a core wrap comprising a top side 16 and a bottom side 16’ and an absorbent layer 60, as shown in figure 2, the absorbent layer 60 comprising an absorbent material comprising superabsorbent polymer particles optionally mixed with cellulose fibers, as disclosed in column 7, line 63, to column 8, line 6. The absorbent layer 60 extends in the longitudinal and transverse directions, as shown in figure 1, and has a periphery comprising a front edge 280, a back edge 282, a first longitudinal side edge 284, and a second longitudinal side edge 286. First and second longitudinally extending channels 26a,b are substantially free of absorbent material wherein the top side 16 of the core wrap is attached from the bottom side 16’, as shown in figure 2. The channels 26a,b are symmetrically disposed on each side of the longitudinal centerline 80 and are different channels, as shown in figure 1. A first lateral absorbent zone extends transversally from the first channel 26a to the first side edge 284 and a second lateral absorbent zone extends transversally from the second channel 26b to the second side edge 286, as shown in figure 1.
Stelzig discloses all aspects of the claimed invention with the exception of the first and second lateral absorbent zones being profiled in the transverse direction so that the basis weight of the absorbent material in each lateral absorbent zone is higher towards the channels than towards the side edges and that they each have a Lateral Absorbent Zone Profile Ratio of at least 1.40 as measure according to the Lateral Absorbent Zone Profile Ratio Test. The Lateral Absorbent Zone Profile Ratio Test as disclosed in the present specification determines the ratio of the basis weights of the inner and outer regions of the lateral absorbent zones. Stelzig discloses that the basis weight of absorbent layer may be profiled along the transverse direction of the core so that more absorbent material is present in the areas where liquid is more likely to insult the core, as disclosed in column 11, lines 3-10. Since Stelzig discloses profiling the basis weight in the transverse direction affects the absorption of liquid, the ratio of the basis weight, and therefore the Lateral Absorbent Zone Profile Ratio, are considered to be result-effective variables.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to profile the first and second lateral absorbent zones of Stelzig in the transverse direction so that the basis weight of the absorbent material in each lateral absorbent zone is higher towards the channels than towards the side edges to achieve the predictable result of providing more absorbent material in the areas closer to the central portion where liquid is more likely to insult the core. It would further 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 and second lateral absorbent zones of Stelzig with a Lateral Absorbent Zone Profile Ratio of at least 1.40 as measure according to the Lateral Absorbent Zone Profile Ratio Test, since it has been held that where the general conditions of the claims are disclosed in the prior art, finding the optimum or workable ranges involves only routine skill in the art, and further to achieve the predictable result of providing more absorbent material in the areas closer to the central portion where liquid is more likely to insult the core. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Patents and Publications 11,123,240; 2018/0116880; and 2017/0312146 disclose absorbent cores having channels and profiled basis weights.
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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