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) 1-9 and 11-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roe et al. (8,932,273.
With respect to claim 1, Roe discloses a disposable absorbent insert 50 for a reusable outer shell 20, as shown in figures 2E and 2F, the insert 50 having an extension in the longitudinal direction L and transversal direction 70, longitudinal side edges 64, transverse side edges, a front portion, a back portion, and a crotch portion, as shown in figure 4. The insert 50 comprises a liquid impermeable backsheet 52, an absorbent core 71, and a liquid permeable topsheet 51, as shown in figure 6G. An outer cover layer 180 overlays the backsheet 52 and forms an outer surface of the insert, as shown in figure 6G. A side portion of the outer cover layer 180 is folded back on itself along a fold line 182 to form a pair of leg cuffs 174 wherein the outer cover layer 180 has a first (i.e. bottom) part and a second (i.e. top) part that together form the leg cuff fold 182, as shown in figure 6G. A plurality of spaced apart pre-tensioned elastic elements 177 are attached between the first and second parts of the leg cuff fold 182, as shown in figure 6G and disclosed in column 18, lines 62-66.
Roe discloses all aspects of the claimed invention with the exception of the outer cover layer being nonwoven. Roe discloses that the outer cover layer 180 forms the pair of leg cuffs 174, and discloses in column 19, lines 28-30, that the outer cover layer 180 is a web material, but remains silent as to the web being a nonwoven web. Roe discloses in column 24, lines 36-55, that the use of a nonwoven web to form the leg cuffs provides better leak protection while remaining soft and breathable. 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 make the outer cover layer of Roe from a nonwoven web, as taught by Roe, to achieve a soft and breathable material that also provides better leak protection.
With respect to claim 2, the side portions 182 of the outer cover layer 180 extend in the transverse direction outward of the corresponding backsheet 52 side edges, as shown in figure 6G.
With respect to claim 3, substantially all elastic element 177 are arranged in an outer part of the leg cuff 174 transversely outside the backsheet 52, as shown in figure 6G.
With respect to claim 4, the elastic elements 177 are attached in the leg cuff fold by means of adhesive, as disclosed in column 19, lines 12-15.
With respect to claim 5, the first part of the outer cover layer 180 is contiguous with a central part that overlies the backsheet 52 and the second portion is the folded-over part 182, as shown in figure 6G.
With respect to claim 6, the plurality of elastic elements 177 is constituted by at least 3 elastic elements, as disclosed in column 20, lines 61-65.
With respect to claim 7, the elastic elements 177 are spaced apart in the transverse direction by 1-4 mm, as disclosed in column 21, lines 16-19.
With respect to claim 8, the barrier cuff comprising the elastic elements 177 extends only substantially the length of the insert 50, as disclosed in column 25, lines 24-26, which is less that the total longitudinal length of the insert.
With respect to claim 9, the first part of the side portion of the outer cover layer 180 is a lower part and the second part is an upper part, as shown in figure 6G.
With respect to claim 11, the insert 50 comprises first and second longitudinal standing gathers 53, as shown in figure 6G.
With respect to claim 12, the standing gathers 53 are attached to the topsheet 51, as shown in figure 6G.
With respect to claim 13, the insert 50 further comprises a pair of nonwoven barrier cuff strips 53, as disclosed in column 18, lines 31-33, extending in the longitudinal direction on either side of the longitudinal center line, as shown in figure 4, each comprising a standing gather portion 53 being defined between a free standing gather edge (shown in figure 6G at 58a) and a standing gather hinge line 179, the barrier cuff strip 53 being attached to the topsheet 51 at the standing gather hinge line 179, as shown in figure 6G.
With respect to claim 14, the standing gathers 53 have one or more pre-tensioned elastic elements 58a,b arranged along the free standing gather edge, as shown in figure 6G and disclosed in column 17, lines 56-64.
With respect to claims 15 and 17, the nonwoven barrier cuff strip 53 forms a leg cuff portion defined as the material located between the standing gather hinge line 179 and an outer leg cuff edge 181, as shown in figure 6G, parallel to the fold line 182. Roe does not disclose that the leg cuff portion overlays at least one, or all, of the elastic elements 177 in the embodiment of figure 6G, but does show the leg cuff portion overlying the elastic elements 177 in the embodiment shown in figure 6A. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the leg cuff portions of Roe overlying the elastic elements, as taught by Roe, to achieve the predictable result of a leg cuff portion that extends to the lateral edges of the insert to provide additional leakage prevention.
With respect to claim 16, the leg cuff fold 182 has a free edge defined by the fold line and a leg cuff width can be measured between the fold line 182 and the standing gather hinge line 179, as shown in figure 6G.
With respect to claim 18, the nonwoven barrier cuff strip 53 is a single layer nonwoven material, as disclosed in column 18, lines 31-33.
With respect to claim 19, the outer cover layer 180 is a single layer of material, as shown in figure 6G, that is modified to comprise a nonwoven material as described in the rejection of claim 1 above.
With respect to claim 20, the insert 50 is provided with fastener elements 56, 57 to fasten the insert to a reusable outer shell 20, as shown in figures 2E and 2F.
With respect to claim 21, the fastener elements are a strip of loop material attached to an outer-facing side of the insert, as disclosed in column 4, lines 51-55.
With respect to claim 22, the insert 50 lacks side flaps arranged at the waist edges of the front and back portions, as shown in figure 2F.
With respect to claim 23, the insert 50 lacks a waist belt, as shown in figure 2F.
With respect to claim 24, the insert 50 has a rectangular shape, as shown in figure 2F.
With respect to claim 25, Roe discloses a wearable absorbent article comprising a reusable outer shell 20 and the disposable insert 50, as shown in figure 1.
Allowable Subject Matter
Claim 10 is 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, Roe does not disclose an embodiment in which the longitudinal part of the second (i.e. upper) part of the side portion is an inner edge secured between the topsheet and the backsheet. Roe shows in figure 6G that the inner edge of the second part is secured to the lower side of the backsheet, not between the topsheet and the backsheet. The prior art of record therefore does not disclose nor fairly suggest the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents 9,980,857; 6,682,515; 4,834,738; and 4,578,073 disclose absorbent inserts for use with outer garments.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at 571-272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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