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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of copending Application No. 18928677. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader than 18928677 and species anticipates genus. The narrower parts of application 18928677 are bolded.
Application 18928677
Application 19102816
Claim 1 +9:
An absorbent article (1) for personal hygiene comprising: a topsheet (TS); a backsheet (BS), wherein the topsheet is liquid permeable and the backsheet is substantially liquid impermeable; an absorbent core (2) positioned between said topsheet and backsheet, a first indicator (3) for indicating the presence of exudates and being positioned on a garment- facing side of said backsheet such that said first indicator is sandwiched between said backsheet (BS) and an outer cover (OC) of said article (1); or wherein said first indicator (3) is positioned on a body-facing side of said backsheet such that said backsheet and an outer cover (OC) are able to come into contact with one another; and wherein said first indicator (3) comprises an electrically conductive material, wherein the first indicator (3) comprises one or more first input capacitors (3i), one or more first output capacitors (3ii) and a plurality of conductive tracks (3iii) forming an electrical connection between the input and output capacitors, characterized in that a reusable or single-use second indicator (4) is arranged to be capacitively coupled with at least the first input and output capacitors such that upon a voiding event an amount of exudate may be automatically determined by measuring a dissipation factor or attenuation of an input signal, said second indicator (4) comprising one or more second input capacitors (4i), one or more second output capacitors (4ii) and a sensing circuitry (SC), and in that the backsheet (BS) is breathable and has a water vapour transmission rate (WVTR) of at least 3000g/(m2.24h), according to the method described herein; and/or wherein the outer cover (OC) is a nonwoven comprising synthetic fibers.
Claim 9:
herein a total surface area of the first indicator (3) is greater than a total surface area of the second indicator, wherein said surface area is taken about a plane corresponding to the backsheet (BS).
Which implies the first and second indicators has different sizes and therefor different patterns
Claim 1:
An absorbent article (1) for personal hygiene comprising: a topsheet; a backsheet, wherein the topsheet is liquid permeable and the backsheet is substantially liquid impermeable; an absorbent core (2) positioned between said topsheet and backsheet, a first indicator (3) for indicating the presence of exudates and being positioned on a body-facing side of said backsheet, said first indicator (3) comprising an electrically conductive material, characterized in that said article (1) comprises a second indicator (4) for indicating the presence of exudates and being positioned on a garment-facing side of said backsheet such that the first and second indicators (3, 4) are separated from each other at least in a thickness direction, said second indicator (4) comprising an electrically conductive material, and in that said first indicator (3) comprises a first application pattern and said second indicator (4) comprises a second application pattern, wherein said first and second application patterns are different.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance, claim 7 recites the broad recitation of the following polymer based inks “polyacetylene, polypyrrole, polyaniline and copolymers thereof, more preferably selected from the group consisting of poly(pyrrole)s (PPY), polyanilines (PANI), poly(thiophene)s (PT), poly(p-phenylene sulfide) (PPS), poly(p-phenylene) (PPP), Poly(acetylene)s (PAC), Poly(p-phenylene vinylene) (PPV), poly(3,4-ethylenedioxythiophene) (PEDOT), and mixtures thereof”, and the claim also recites a preferred material “most preferred conductive polymer-based ink comprising poly(3,4-ethylenedioxythiophene) polystyrene sulfonate (PEDOT:PSS” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1- 15 are rejected under 35 U.S.C. 103 as being unpatentable over Van Torre et al. US 20240293266 (which has priority back to December 21, 2020 and PCT WO 2022/136295 published June 30, 2022, the US PG pub is being used for ease of paragraph numbers) in view of Glaug et al. US 6566578.
Regarding claim 1, Van Torre discloses an absorbent article for personal hygiene (abstract) comprising:
a backsheet (or moisture barrier layer 144 which is the inner side of the barrier layer which houses the circuity layer 120, [0056]), and the backsheet is substantially liquid impermeable ([0056]); an absorbent core (142, fig 5 and [0056]),
a first indicator (circuity layer 120) for indicating the presence of exudates ([0009] which notes the function of the sensing system) and being positioned on a body-facing side of said backsheet such that said backsheet and an outer cover (OC) are able to come into contact with one another (fig 5 and [0056] which discloses two different positions for the first indicator); and wherein said first indicator (generally marked by 310, fig 3a and [0050-0051]) comprises an electrically conductive material (322 and 321, [0051]),
characterized in that said article comprises a second indicator (350, fig 3A and [0052]) for indicating the presence of exudates and being positioned on a garment-facing side of said backsheet ([0050] which discloses 350 is on the garment facing side) such that the first and second indicators are separated from each other at least in a thickness direction ( fig 3a and [0050] which states the first indicator is internal to the diaper while the second indicator is externally connected to the outer side of diaper), said second indicator comprising an electrically conductive material ([0050-51]), and in that said first indicator comprises a first application pattern and said second indicator comprises a second application pattern, wherein said first and second application patterns are different ((see fig 3a which shows the first indicator (310) having a different pattern than the second indicator (350)).
Van Torre fails to specifically teach a topsheet which is liquid permeable and as such that the absorbent core is positioned between a topsheet and back sheet.
Glaug teaches an absorbent article with a topsheet and backsheet with an absorbent core therebetween which facilitates the passage of waste to the core (Col 4 line 63 to Col 5 line 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have added a topsheet for improved comfort and breathability.
Regarding claim 2 Van Torre as modified by Glaug discloses a detection device that can be removably attached to the absorbent article such to become in electrical communication with the first and/or second indicators when attached to said article to measure a change in resistance and/or capacitance in response to a voiding event ([0055] which discloses the second indicator 350 is removable and reusable and connected to the sensing unit 380, fig 3a).
Regarding claim 3 Van Torre as modified by Glaug discloses wherein the first application pattern is applied over a first area of the backsheet and the second application pattern is applied over a second area of the backsheet, and wherein the first area is greater than the second area, preferably wherein the first area extends to a position at least proximal to and/or adjacent one or more perimeter edges of the absorbent core and the second area is inboard and distal from one or more perimeter edges of the absorbent core such that it is proximal to and/or adjacent and/or overlaps a longitudinal axis extending substantially parallel to a longest dimension of said article ([0049-0051] discloses the first indicator is inside the side while the second indicator in outside the diaper and they are electrically coupled and that the first indicator is larger as seen in fig 3a)).
Regarding claim 4 Van Torre as modified by Glaug discloses wherein the pattern of the first indicator comprises a plurality of sensing tracks, preferably wherein each track forms an open and/or closed circuit corresponding to a different position of the backsheet and the absorbent core such that voiding events in said different positions may be individually monitored ({0060] which notes multiple voiding events maybe recorded due to the track locations) and wherein the pattern of the second indicator comprises one or more sensing tracks having a shape selected from the group consisting of linear, polygonal, and spiral- shaped (fig 2a shows a linear shape).
Regarding claim 5, Van Torre as modified by Glaug disclose wherein each of the sensing tracks comprises a connection end arranged to couple to a respective terminal end of the detection device to form an electrical connection between said detection device and said sensing tracks of the indicator (fig 3a, [0022] and [0061] which notes and tracks couple an end to form a circuit loop to detect the voiding event).
Regarding claim 6, Van Torre as modified by Glaug disclose wherein the first indicator is printed with a conductive ink ([0058] which discloses the circuitry can be printed with conductive ink).
Regarding claim 7, Van Torre as modified by Glaug disclose wherein the carbon-based ink comprises a conductive compound selected from the group consisting of graphene, graphite, nano-carbon- tubes and mixtures thereof ([0058]).
Regarding claim 8, Van Torre as modified by Glaug disclose wherein the indicators are free of metals ([0012]).
Regarding claim 9, Van Torre as modified by Glaug disclose wherein the first indictor is an electrically conductive sensor adapted to change one or more of its electrical properties in response to a voiding event such as presence of exudates, preferably urine, in the absorbent article ([0050-51]).
Regarding claim 10, Van Torre as modified by Glaug disclose wherein the one or more electrical properties is resistance; or resistance combined with one or more of capacitance, inductance, and combinations thereof ([0050-51] which specially note capacitors and resistors).
Regarding claim 11, Van Torre as modified by Glaug disclose wherein the first indicator (3) is adapted to detect each voiding event of a plurality of, typically sequential, voiding events throughout a wearing period of said absorbent article by a wearer ([0051] and [0066] which notes the sensor can monitor continuously or intermittently and determine when the diaper needs to be changed).
Regarding claim 12, Van Torre as modified by Glaug disclose wherein the second indicator (4) is an electrically conductive sensor adapted to change one or more of its electrical properties in response to a voiding event such as presence of exudates, preferably stool, in the absorbent article, most preferably wherein the one or more electrical properties is capacitance ([0051] and [0066] which notes the sensor can monitor continuously or intermittently and determine when the diaper needs to be changed).
Regarding claim 13, Van Torre as modified by Glaug disclose wherein the backsheet is breathable and a dielectric coating is comprised on the body-facing or garment-facing side of the backsheet at positions corresponding to, preferably only, the second indicator ([0010] which notes a dielectric material between the two sensors).
Regarding claim 14, Van Torre as modified by Glaug disclose wherein the first indicator (3) and second indicator (4), and/or the first application pattern and the second application pattern, substantially do not overlap when viewed in a planar direction (fig 3a, fig 2a for different lay outs for the indicators and the indicators are in different sections and therefore do not overlap in the same plane).
Regarding claim 15, Van Torre as modified by Glaug disclose wherein the first indicator (3) and second indicator (4), and/or the first application pattern and the second application pattern, are substantially complementary (fig 3a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA E BURNETTE whose telephone number is (571)272-9574. The examiner can normally be reached M-S: 0830-1900 EST.
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/GABRIELLA E BURNETTE/ Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
