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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 7-14, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bishop et al. US Patent Application Publication 2018/0104116.
As to claim 1, Bishop teaches an absorbent article 10, 110, 210 for personal hygiene comprising:
- a substantially transversely extending front panel 13;
- a substantially transversely extending back panel 15 (Fig. 15; para. 0051); and
- a substantially longitudinally extending absorbent insert 17 joined to each of the front 13 and back 15 panels (Bishop Fig. 15; para. 0051)). The absorbent insert having front and back transversal edges 40,42 (para. 0055) and left and right longitudinal edges 18,20 connecting the front and back transversal edges to form a perimeter thereof (Bishop Fig. 15; para. 0052);
wherein the front and back panels 13, 15 are joined together to define a pair of side seams (Bishop Fig. 14), and characterized in that the article 210 comprises a transversal waist barrier 54 proximal to the front and/or back transversal edges of the absorbent insert (Fig. 15; para. 0091)
wherein the barrier 54 comprises a plurality of liquid retarding layers – where Bishop teaches the elastic members 86 can be disposed within a laminate portion 90 of the distal portion 78 (Fig. 9C; para. 0099); and in that the barrier is in the form of a patch 54 (Fig. 15) and a portion of the perimeter thereof is joined to the panels 15 such that an un-joined portion of the perimeter forms an opening to a containment pocket - where Bishop teaches the laminate portion 90 can be disposed near free edge 88 of the distal portion 78 of the waist containment member 54, (Figs. 9A-9C; para. 0099). Bishop teaches the waist containment member 54 can be disposed on the body facing surface 19 of the chassis 11 such that a gap 85 is provided between the second end edge of the absorbent body 34 and the free edge 88 of the waist containment member 54. Bishop teaches by providing a gap 85, the containment pocket 82 can have a greater void volume for body exudates (Figs. 9A-9C; para. 0101).
Bishop teaches the present invention substantially as claimed. Bishop does not teach the about 50% to about 75% of the perimeter is joined to the panels. However, Bishop does teach a proximal portion 76 of the waist containment member 54 coupled to the body facing surface 58 of the rear waist panel 15 (Fig. 9B; para. 0095). Bishop further teaches the waist containment member adhered to the body facing surface in tack-down regions 84 and/or tack-down regions 71 (Figs. 2, 11, 12, and 15; paras. 0099 and 0119). Bishop teaches the general condition of providing a waist containment member where a portion of the periphery is not attached to the body facing surface of the absorbent so as to form a pocket 82. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the claimed percentage of the periphery joined to the panel, since where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation, In re Aller et al. 105 USPQ 233.
As to claim 2, Bishop teaches the absorbent article according to Claim 1 wherein the plurality of liquid retarding layers comprise at least two, layers selected from the group consisting of hydrophobic nonwovens, films, strands – elastic strands 86, and mixtures thereof (para. 0121).
As to claim 3, Bishop teaches the absorbent article according to Claim 2 wherein each hydrophobic nonwoven is a multi-layer nonwoven comprising at least two layers selected from a spunbond nonwoven and a meltblown nonwoven (para. 0121).
As to claim 7, Bishop teaches an absorbent article according to Claim 1 wherein the opening 85 is positioned closer to a transversal centerline 29 than the joined portions 84 of the perimeter of the patch/barrier 54 (Fig. 15).
As to claim 8, Bishop does not teach the claimed water vapor transmission rate for the barrier. However, Bishop teaches the same materials for the waist barrier as the present invention and the waist containment member 54 of Bishop is used in the same environment and for the same purpose as the present invention (Bishop para. 0121; current published application US 2026/0041590 paras. 0011-0012). Regarding the water vapor transmission rate and the examiner’s interpretation of the test and performance characteristics of the instant apparatus claims, when the structure recited in the reference is substantially identical to that of the claims of the instant invention, claimed properties or functions are presumed to be inherent (MPEP 2112-2112.01). A prima facie case of either anticipation or obviousness has been established when the reference discloses all the limitations of a claim except a property or function and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof as in In re Fitzgerald, 619 F.2d 67, 70 205 USPQ 594, 596 (CCPA 1980). In the present case, the reference has met the structural requirements of claim 1.
As to claim 9, Bishop teaches the absorbent article according to Claim 1 wherein the joined portion of the perimeter of the patch/barrier 54 is joined by adhesive (para. 0110) and/or mechanical bonding having a shape and/or pattern that is substantially c-shaped (Fig. (9A).
As to claim 10, Bishop teaches the absorbent article according to Claim 9 wherein at least a portion of the perimeter of the patch/barrier 54, is bonded to a pair of oppositely disposed cuffs – where Bishop teaches the containment flaps (cuffs) 50,52 include a tack-down region 71 (para. 0083). The patch/barrier 54, which is bonded to the bodyside liner 28 (para. 0092) and overlaps the tack-down region 71 (Figs. 2 and 11)
As to claim 11, Bishop teaches the absorbent article according to Claim 1 wherein the barrier 54 comprises an elastic film and/or one or more elastic strands 86 (para. 0100), and wherein the elastic film and/or strand(s) form an elastic area (EA) and wherein the elastic area is less than a patch area such that a substantially inelastic area (IA) is positioned outboard of the elastic area – where Bishop teaches the elastic member 86 can span at least 90% of the width 51 of the waist containment member/barrier 54 (para. 0099), which leaves about 10% of the waist containment member/barrier 54 inelastic.
As to claim 12, Bishop teaches the absorbent article according to Claim 11 wherein at least a portion of the substantially inelastic area is joined to the absorbent insert (4) and/or to the front and/or back panel – where Bishop teaches the tack-down region 84 and the longitudinal side edges 72, 74, bonded to the body facing surface 19 of the chassis 11 (para. 0097) can help retain the elastic members 86, as well as help retain free edge 88 in place.
As to claim 13, Bishop teaches the absorbent article according to Claim 1, wherein the un-joined portion, free edge 88, of the perimeter comprises a further elastic material – where Bishop teaches the elastic member 86 is located near a free edge 88 of the distal portion 78 of the waist containment member 54 (para. 0099).
As to claim 14, Bishop teaches the absorbent article according to Claim 11 wherein the elastic area comprises a plurality of wrinkles and/or wherein the elastic area comprises a plurality of apertures – where Bishop teaches the waist containment area 54 can be comprised of a compressible material that can help fill the gluteal depression and help prevent body exudates from leaking from the absorbent article near the rear waist edge 24. Bishop teaches the compressed material could be nonwovens with irregular surfaces, layered materials or laminates, grooved or creped materials, apertured materials, and coform materials (para. 0115). Bishop further teaches as an example, the waist containment member 54 can be comprised of a hydroentangled material including a support layer and a projection layer, the projection layer having hollow projections (para. 0116).
As to claim 18, Bishop teaches a method 310 for the manufacture of an absorbent article 10, 110, 210 according to Claim 1, the method comprising the steps of:
- providing a front panel ;
- providing a back panel – Bishop does not teach providing discrete front and back panels, but teaches providing the assembly web 344 which is considered to be a continuous web and includes the bodyside liner and outer cover (para. 0126 ). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Bishop to provide front and back panels since a three-piece embodiment is taught in Fig. 15 (para. 0051) and since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
- providing an absorbent insert 11/311 comprising front and back transversal edges and left and right longitudinal edges connecting the front and back transversal edges to form a perimeter thereof (para. 0126);
- providing a patch/barrier 354 to cover at least a region of the absorbent insert 311 proximal to the front and/or back transversal edges to form transversal waist barrier 354 (para. 0126, 0129); and at least one of:
joining the absorbent insert 311 to the front and back panels and joining the patch 354 to the front and/or back panels by bonding means to cover at least a region of the absorbent insert 311 proximal to the front and/or back transversal edges (Figs. 16 and 17; paras. 0126-0128),
joining the patch 354 to the insert 311 by bonding means to cover at least a region of the absorbent insert 311 proximal to the front and/or back transversal edges (Fig. 16; para. 0129-0130) and joining the insert 311 to the front and back panels ; and
joining the absorbent insert 311 to the front and back panels and joining the patch 54,354 to the absorbent insert 311 by bonding means to cover at least a region of the absorbent insert proximal to the front and/or back transversal edges (Fig. 16; para. 0129-0130) and
- joining the front and back panels together along a pair of oppositely disposed side seams (Figs. 2, 14).
As to claim 19, Bishop teaches the bonding means comprise applying a pattern of adhesive onto a patch 54 and/or applying a pattern of adhesive 80 onto a portion of the absorbent insert 11 proximal to the front and/or back transversal edge 24 (Figs. 9B, 9C, 16; paras. ), the pattern of adhesive extending all along the transversal edges and partially along the longitudinal edges 72, 74 of the patch and/or absorbent insert and applying the patch 54 to a top surface of the absorbent insert 11 at a portion of the absorbent insert being proximal to the front and/or back transversal edge to form transversal waist barrier(s) 54 or wherein the bonding means comprise mechanical bonding (paras. 0092-0093, 0095, 0129).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Bishop et al. US Patent Application Publication 2018/0104116 in view of Laux et al. USPN 5827259.
As to claim 4, Bishop teaches the present invention substantially as claimed. Bishop does not specifically teach the barrier 54 comprises hydrophobic nonwovens comprising synthetic fibers. Laux, from the same field of endeavor, teaches an absorbent article with a waist containment system having waist flaps 84 constructed of fluid impermeable materials including polymer films and/or synthetic fibers for example, meltblown polypropylene fibers (Laux col. 5, line 55 through col. 6, line 6 and col. 13, lines 44-55). Laux teaches the polymer films and nonwoven materials like meltblown fabrics provide an effective barrier against the passage of liquids, such as urine (col. 13, lines 44-56). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide the waist barrier of Bishop with hydrophobic nonwovens or film materials for the benefits taught in Laux.
As to claim 5, Bishop/Laux teach the waist gasket comprises a film (Laux col. 5, line 55 through col. 6, line 6 and col. 13, lines 44-55). Bishop/Laux teach the film is substantially liquid impermeable and wherein the film forms an inner wall 106 of the barrier 84 such that it remains exposed and is able to come into direct contact with exudates upon a voiding event (Laux Figs. 2-3; col. 10, lines 8-21 and 37-40).
As to claim 6, Bishop/Laux teaches a portion of the nonwoven is folded over a terminal edge of the film and joined to the film at some distance from the edge; or extends beyond the film – where Bishop teaches the waist containment member 54 has a folded portion 79b (Bishop Figs 9A-9C). Bishop/Laux do not specifically teach the nonwoven is folded over a terminal edge of the film as claimed. However, Bishop/Laux teach the waist barriers contain nonwovens and film materials (Laux col. 5, line 55 through col. 6, line 6 and col. 13, lines 44-55). It would have been an obvious matter of design choice to provide the nonwoven folded over the film, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. In this case, the nonwoven may provide a softer skin-side surface for the user.
Claims 15-17, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Bishop et al. US Patent Application Publication 2018/0104116 in view of Kuwano et al. US Patent Application Publication 2011/0066127.
As to claims 15 and 17, Bishop teaches the absorbent article according to Claim 1 wherein the front 13 and back 15 panels comprise a plurality of elastic strands (Bishop Fig. 15). Bishop does not teach the front and/or back panels comprise a tummy pause (TP) being free of the elastic strands or comprising elastic strands that have been rendered inelastic by deactivation. Kuwano teaches an absorbent article having an area free of elastic strands due to cutting or where the elasticized strands are deactivated (Fig. 3, areas 41 and 48; para. 0092, 0094-0096, 0099). Kuwano teaches the reason for providing a non-elasticized region 41 is if a graphic is attached to the inner surface of the non-elasticized region 41, this makes the graphic possible to be seen through the non-elasticized region from the exterior, and/or the absorbent panel 23 is protected against undesirable deformation such as gathers due to contraction of the elastic elements (Kuwano para. 0097). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify the first and second panels of Bishop with a non-elasticized (tummy pause) region for the benefits taught in Kuwano. Bishop/Kuwano teach the barrier (element 54 Bishop) overlaps the tummy pause (TP) as the barrier also overlaps the front and rear panels of absorbent assembly (Bishop Figs. 9A-9C)
As to claim 16, Bishop/Kuwano do not teach the width of the tummy pause region is more than 60% of a total width of the absorbent insert. However, Kuwano teaches the non-elasticized region functions to make a graphic more visible and/or to avoid deformation of the absorbent panel (insert) (Kuwano para. 0097). Therefore, the width of the tummy pause region would vary depending on the size of the graphic and/or the size of the absorbent insert. One having ordinary skill in the art would be able to determine through routine experimentation the width of the tummy pause region needed for a specific absorbent article.
As to claims 20 and 21, Bishop/Kuwano teaches the method according to claim 18, further comprising the steps of arranging an elastic material 86 over the patch 54 prior to folding an outer nonwoven layer of the front and/or back panels over the folded absorbent insert and patch – where Kuwano teaches the outer sheet of the waist panels have a dimension larger than the inner sheet and a prolongation thereof is folded back onto the inner sheet and bonded (Kuwano para. 0091). Bishop further shows elastic 86 adhered to patch 54 and outer cover 26 folded over the patch/waist barrier 54 (Figs. 14, 16, and 17), and indirection over the absorbent assembly, which includes the absorbent core, partially covered by the patch 54 (Bishop Figs. 9A-9C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Raycheck et al. US 2016/0270979, Sauer USPN 5938652, Van Gompel USPN 6132410, and Rhein et al. USPN 8764722 are cited to show absorbent articles with waist barrier features.
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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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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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781
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