Ex Parte Lavon et al

Patent Trial and Appeal Board

Jun 21, 2016

13221104 (P.T.A.B. Jun. 21, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/221, 104 08/30/2011
27752 7590 06/23/2016
THE PROCTER & GAMBLE COMPANY
Global Patent Services - Legal IP
Central Building, CS
One Procter and Gamble Plaza
CINCINNATI, OH 45202
FIRST NAMED INVENTOR
Gary Dean Lavon
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
11874Q 2969
EXAMINER
MUSSER, BARBARA J
ART UNIT PAPER NUMBER
1746
NOTIFICATION DATE DELIVERY MODE
06/23/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
centraldocket.im @pg.com
pair_pg@firsttofile.com
mayer.jk@pg.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte GARY DEAN LA VON, JOSEPH HUNG LAM,
KAZUAKI TAMEISHI, KOICHI MORIMOTO,
YOICHIRO YAMAMOTO, and NORMAN GOROSPE JUGUILON
Appeal2015-001631
Application 13/221,104
Technology Center 1700
Before JEFFREY T. SMITH, KAREN M. HASTINGS, and
MICHAEL P. COLAIANNI, Administrative Patent Judges.
HASTINGS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134 from a final rejection of
claims 1-9. We have jurisdiction under 35 U.S.C. § 6.
We AFFIRM.
Appeal2015-001631
Application 13/221, 104
Appellants' invention is best illustrated by independent claim 1,
reproduced below (emphasis added):
1. A process for assembling disposable pre-fastened pant
diapers, each pant diaper comprising a chassis having a first
waist region longitudinally opposed to a second waist region,
and having a longitudinal axis and a lateral axis, the chassis
comprising: a topsheet, a backsheet, and an absorbent core
disposed between the topsheet and the backsheet, each pant
diaper further comprising laterally opposed first side panels
refastenably connected with the first waist region; and laterally
opposed second side panels permanently connected with the
second waist region and permanently connected with
corresponding first side panels to form a waist opening, the
process comprising the steps of:
advancing a first continuous web having a first surface
and an opposing second surface in a machine direction wherein
fastener components are connected with the first surface,
wherein the fastener components are intermittently spaced
along the machine direction MD on the first surface of the first
continuous web, wherein the fastener components are arranged
in pairs of first and second fastener components in close
proximity to each other and spaced apart from each other
along the machine direction MD, and wherein the pairs of first
and second fastener components are spaced apart from other
pairs of first and second fastener components along the
machine direction MD;
cutting the first continuous web into first discrete patches
at locations between each first fastener component and second
fastener component, each first patch having a leading end
region, a trailing end region, and a central region disposed
between the leading and trailing end regions, wherein a first
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Appeal2015-001631
Application 13/221, 104
fastener is located in the leading end region and a second
fastener is located in the trailing end region;
advancing a second continuous web in the machine
direction;
cutting the second continuous web into second discrete
patches, each second patch having a leading end region and a
trailing end region;
refastenably connecting the first fasteners on the first
discrete patches with the trailing end regions of the second
discrete patches;
refastenably connecting the second fasteners on the first
discrete patches with the leading end regions of the second
discrete patches;
advancing a third continuous web in the machine
direction;
advancing a fourth continuous web in the machine
direction;
cutting the fourth continuous web into discrete chassis,
wherein each chassis advances such that the longitudinal axis is
parallel with the machine direction;
turning each chassis such that the lateral axis is parallel
with the machine direction;
bonding the second discrete patches with the first waist
region of each chassis;
permanently connecting the second waist region of each
chassis with the third continuous web;
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Appeal2015-001631
Application 13/221, 104
folding each chassis along the lateral axis to position the
central region of each first patch into a facing relationship with
the third continuous web;
bonding a portion of the central region of each first patch
with the third continuous web to create discrete bond regions;
and
cutting the third continuous web and the patches along
the bond regions to create discrete pre-fastened refastenable
pant diapers.
The Examiner maintains the rejection of claims 1-9 under 35 U.S.C.
§ 103(a) as unpatentable over Sorenson et al. (US 2004/0138635 Al,
published July 15, 2004) ("Sorenson"), Wada et al. (US 2006/0244166 Al,
published November 2, 2006) ("Wada"), and Popp et al. (US 2007 /0250029
Al, published October 25, 2007) ("Popp"). Final Act. 2; Ans. 2.
Appellants present arguments only for independent claim 1. See
Appeal Brief, generally. Accordingly, we select independent claim 1 as
representative of the claimed subject matter before us on appeal and
dependent claims 2-9 stand or fall with claim 1.
OPINION
We have reviewed each of Appellants' arguments for patentability.
However, we are in agreement with the Examiner that the subject matter of
representative claim 1 is unpatentable. Accordingly, we sustain the
Examiner's prior art rejection for the reasons explained in the Answer, and
we add the following primarily for emphasis.
Independent claim 1 is directed to a process for assembling disposable
pre-fastened pant diapers comprising a step of applying fastener components
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Appeal2015-001631
Application 13/221, 104
intermittently spaced along the machine direction MD on a first surface of a
first continuous web, wherein the fastener components are arranged in pairs
of first and second fastener components in close proximity to each other and
spaced apart from each other along the machine direction MD and cutting
the first continuous web into first discrete patches at locations between each
first fastener component and second fastener component to provide fastener
components to two different pant diapers. Spec. Figures 5D, 5E.
We refer to the Examiner's Final Action for a statement of the
rejection. Final Act. 2--4.
Appellants argue the Examiner does not provide a reason for one
skilled in the art to arrive to the claimed invention by modifying the method
of Sorenson to provide fastener components in the orientation taught by
Popps. App. Br. 3--4. 1
We are unpersuaded by this argument. It is well settled that a
reference stands for all of the specific teachings thereof as well as the
inferences one of ordinary skill in the art would have reasonably been
expected to draw therefrom. See In re Fritch, 972 F.2d 1260, 1264---65 (Fed.
Cir. 1992). The Examiner found Sorenson teaches a process for assembling
disposable pre-fastened pant diapers that differs from the claimed invention
in that Sorenson does not disclose the claimed fastener component pairs
comprising fastener components arranged side by side and spaced from
1 A discussion of the reference to Wada is unnecessary for disposition of this
appeal. The Examiner relied on Wada to teach as known to form diaper
chasses by cutting from a continuous web of material and rotating the
chasses prior to attachment to the chain of patches. Final Act. 3; Wada
Figure 3. Appellants have not disputed this finding. See Appeal Brief,
generally.
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Appeal2015-001631
Application I 3/22 I, I 04
other fastener component pairs in the machine direction and cutting between
the two side by side fastener components of a pair to provide individual
fasteners for diaper pants. Final Act. 2-3; Sorenson Figures IA, 3, 5. The
Examiner found Sorenson instead discloses a pair of fastener strips applied
in the machine direction which are cut down the center. Final Act. 3;
Sorenson Figure I A. The Examiner found Popp discloses fasteners 85 that
engage the outer surface of the diaper and that are similarly oriented as
Appellants' disclosed fastener components. Final Act. 3; Popp e.g., Figure
IA, 3, i-fi-12-3. The Examiner found that the orientation of the fasteners as
exemplified in Sorenson and Popp (horizontal versus vertical) are well
known alternatives as diaper fasteners. Ans. 4. Thus, the Examiner
determined one of ordinary skill would have reasonably inferred from the
combined teachings of the cited art that making a diaper with vertically
orientated fasteners as exemplified in Popp would result in replacing the
single long web fastener of Sorenson with two fasteners spaced side by side
to yield fasteners at the leading end of one diaper and at the trailing end of
another diaper when cut. Id. That is, one skilled in the art would have
reasonably inferred that adopting Popps' alternate fastener system in the
method of Sorenson would require re-orienting Sorenson's horizontal
fastener pairs to provide vertical fastener pairs having first and second
components side by side. See KSR Int'! Co. v. Teleflex, Inc., 550 U.S. 398,
4 I 6 (2007) ("[W]hen a patent claims a structure [or method] already known
in the prior art that is altered by the mere substitution of one element [or
step] for another known in the field, the combination must do more than
yield a predictable result." (citing United States v. Adams, 383 U.S. 39, 50-
5I (1966)); In re Fout, 675 F.2d 297, 30I (CCPA I982) ("Express
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Appeal2015-001631
Application 13/221, 104
suggestion to substitute one equivalent for another need not be present to
render such substitution obvious."); In re Mayne, 104 F.3d 1339, 1340 (Fed.
Cir. 1997) ("Because the applicants merely substituted one element known
in the art for a known equivalent, this court affirms [the rejection for
obviousness].").
Appellants have not adequately explained why one skilled in the art,
using no more than ordinary creativity, would not have been capable of
applying vertically orientated fasteners spaced side by side on diapers to
yield individual fasteners at the leading end of one diaper and at the trailing
end of another diaper when cut that would predictably result in adequate
fastening of a diaper based on the inferences from the combined teachings of
Sorenson and Popp.
Therefore, we affirm the Examiner's prior art rejection of claims 1-9
under 35 U.S.C. § 103(a) for the reasons presented by the Examiner and
given above.
ORDER
The Examiner's prior art rejection of claims 1-9 under 35 U.S.C.
§ 103(a) is affirmed.
TIME PERIOD
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l).
AFFIRMED
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