Ex Parte Song

Patent Trial and Appeal Board

Sep 12, 2014

12112301 (P.T.A.B. Sep. 12, 2014)

UNITED STATES PATENT AND TRADEMARKOFFICE
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
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
12/112,301 04/30/2008 Xuedong Song KCX-1591
(64410676US01)
8980
22827 7590 09/12/2014
DORITY & MANNING, P.A.
POST OFFICE BOX 1449
GREENVILLE, SC 29602-1449
EXAMINER
KIDWELL, MICHELE M
ART UNIT PAPER NUMBER
3761
MAIL DATE DELIVERY MODE
09/12/2014 PAPER
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.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
__________

Ex parte XUEDONG SONG1
__________

Appeal 2012-004470
Application 12/112,301
Technology Center 3700
__________

Before DONALD E. ADAMS, DEMETRA J. MILLS, and MELANIE L.
McCOLLUM, Administrative Patent Judges.

McCOLLUM, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to an
absorbent article. The Examiner has rejected the claims as obvious. We
have jurisdiction under 35 U.S.C. § 6(b). We affirm.
STATEMENT OF THE CASE
Claims 14-22 are on appeal (App. Br. 2).2 Claims 14 and 16 are
representative and read as follows:

1 Appellant identifies the real party in interest as Kimberly-Clark
Worldwide, Inc. (App. Br. 1).
2 Claims 1-13 are also pending but have been withdrawn from consideration
(App. Br. 2-3).
Appeal 2012-004470
Application 12/112,301

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14. An absorbent article capable of determining the presence of urine
comprising:
a substantially liquid impermeable layer;
a liquid permeable layer;
an absorbent core positioned between the substantially liquid
impermeable layer and the liquid permeable layer; and
charged cellulosic fibers integrated into the article and positioned such
that the charged cellulosic fibers are in fluid communication with the urine
when provided by a wearer of the article, the charged cellulosic fibers
having a color-changing composition immobilized thereon, the color-
changing composition comprising a pH indicator, a pH adjuster, and a
wettability agent, wherein the pH indicator is configured to change color
when contacted with urine.
16. The absorbent article of claim 14, wherein the cellulosic fibers
comprise eucalyptus pulp fibers.
Claims 14, 15, and 17-22 stand rejected under 35 U.S.C. § 103(a) as
obvious over Klofta et al. (US 7,159,532 B2, Jan. 9, 2007) in view of Rezai
et al. (US 5,713,881, Feb. 3, 1998) (Ans. 4).
Claim 16 stands rejected under 35 U.S.C. § 103(a) as obvious over
Klofta in view of Rezai, Chen et al. (US 6,673,982 B1, Jan. 6, 2004), and
Garnier et al. (US 2004/0118540 A1, June 24, 2004) (Ans. 7).
I
The Examiner relies on Klofta for teaching
an absorbent article capable of determining the presence of
urine, . . . comprising a substantially liquid impermeable layer,
. . . a liquid permeable layer, . . . an absorbent core positioned
between the substantially liquid impermeable layer and the
liquid permeable layer, . . . and cellulosic fibers integrated into
the article and positioned such that the cellulosic fibers are in
fluid communication with the urine when provided by a wearer
Appeal 2012-004470
Application 12/112,301

3
of the article, . . . e.g., by incorporation [of Buell3], . . . the
cellulosic fibers having a color changing composition
immobilized thereon, . . . the color-changing composition
comprising a pH indicator, . . . a pH adjuster, . . . and a
wettability agent, . . . wherein the pH indicator is configured to
change color when contacted with urine.
(Ans. 5.)
The Examiner relies on Rezai for teaching “charged cellulosic fibers,
e.g. KYMENE treated cellulosic fibers/paper” (id. at 6). The Examiner
concludes that it would have been obvious
[t]o integrate charged cellulosic fibers . . . as taught by [Rezai]
on the [Klofta] (and thereby [Buell]) absorbent article, e.g., as
part of the substrate/cellulosic substrate/absorbent material . . .
in view of the recognition that [Rezai] teaches absorbent
material/composite core/substrate of [Buell] integrating such
charged cellulosic fibers and the desire by [Klofta] for a
substrate/absorbent material be that as in, e.g., [Buell].
(Id.)
Analysis
Appellant argues that the “Examiner has not cited any references
which describe charged cellulosic fibers having a color-changing
composition immobilized thereon” (App. Br. 4). However, (a) Klofta
discloses a color-changing composition immobilized on a structural
component of an absorbent article (Klofta, col. 11, ll. 31-47, & col. 16,
ll. 36-38); (b) Buell, which is incorporated by reference in Klofta (id. at
col. 12, l. 25, & col. 15, ll. 11-13), discloses cross-linked cellulosic fibers
within the absorbent core of an absorbent article (Buell, col. 8, ll. 57-65);

3 Buell et al., US 5,151,092, Sept. 29, 1992.
Appeal 2012-004470
Application 12/112,301

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and (c) Rezai discloses an absorbent composite material for use in absorbent
articles comprising cellulose treated with a cationic amino-epichlorohydrin
adduct cross-linking agent, specifically Kymene® (Rezai, col. 1, ll. 9-14,
col. 4, ll. 18-21, & col. 48, ll. 33-35). We conclude that Appellant has not
adequately explained why the combination of references fails to suggest the
claimed absorbent article in which a color-changing composition is
immobilized on charged cellulosic fibers.
In particular, Appellant argues:
Not only is there is no explanation for why it would be obvious
to integrate charged cellulosic fibers into the articles of Klofta
et al., but there is also no specific mention in Rezai et al. of
“charged cellulosic fibers integrated into an article and
positioned such that the charged cellulosic fibers are in fluid
communication with the urine when provided by a wearer of the
article” as required by the presently pending claims.
(App. Br. 5.) We are not persuaded.
Rezai discloses “a porous absorbent macrostructure of interconnected
absorbent gelling particles and a substrate that, upon contacting liquids such
as water or body exudates (e.g., urine), swells and imbibes such liquids, and
is useful in absorbent articles such as diapers” (Rezai, col. 1, ll. 10-14).
Rezai also discloses that “the absorbent gelling particles are connected
through the crosslinked surface portions. More preferably, the crosslinking
agent is a cationic amino-epichlorohydrin adduct, most preferably
Kymene®.” (Id. at col. 4, ll. 17-21.) In addition, Rezai discloses that the
“substrate layer can be selected from various materials known in the art such
as cellulose fibers” (id. at col. 20, ll. 21-22). Thus, we agree with the
Appeal 2012-004470
Application 12/112,301

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Examiner that Rezai suggests charged cellulosic fibers and their use in
absorbent articles (Ans. 6 & 8).
Klofta discloses that its “wetness indicator composition . . . may be on
and/or in a substrate” (Klofta, col. 11, ll. 30-33). In particular, Klofta
discloses that “the substrate to which the wetness indicator may be applied
or otherwise affixed comprises any one, or a combination of, structural
components of an absorbent article, including, but not limited to, the
backsheet, topsheet, fasteners, absorbent material, etc.” (id. at col. 11, ll. 43-
47). Thus, we conclude that the Examiner has set forth a prima facie case
that it would have been obvious to include Klofta’s wetness indicator
composition on the charged cellulosic fibers of Rezai.
With regard to the charged cellulosic fibers being in fluid
communication with urine, Rezai discloses the use of these fibers to absorb
body exudates, such as urine (Rezai, col. 1, ll. 10-14). Thus, we conclude
that it would have been obvious to position these fibers in fluid
communication with the urine when provided by a wearer of the article.
Appellant also argues that Klofta “teaches away from charged
cellulosic fibers having a color-changing composition immobilized thereon”
(App. Br. 6 (emphasis omitted)). However, we do not agree with Appellant
that the disclosure of binding agents to immobilize Klofta’s colorants
teaches away from immobilizing them on charged cellulosic fibers.
Conclusion
The evidence supports the Examiner’s conclusion that Klofta and
Rezai suggest charged cellulosic fibers having a color-changing composition
immobilized thereon. We therefore affirm the obviousness rejection of
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Application 12/112,301

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claim 14. Claims 15 and 17-22 are not separately argued and therefore fall
with claim 14. 37 C.F.R. § 41.37(c)(1)(vii).
II
With regard to claim 16, the Examiner additionally relies on Chen and
Garnier for disclosing eucalyptus pulp fibers (Ans. 7). Appellant argues that
dependent claim 16 is “distinguishable not only because of the patentability
of independent claim 14 but also because of the combination of the subject
matter of the dependent claim with independent claim 14, which makes
claim 16 further distinguishable, and which is not taught or suggested by the
cited references” (App. Br. 7). However, Appellant has not adequately
explained why it would not have been obvious, based on the teachings of
Chen and/or Garnier, for the cellulosic fibers suggested by Klofta and Rezai
to comprise eucalyptus pulp fibers.
We conclude that the evidence supports the Examiner’s conclusion
that Klofta, Rezai, Chen, and Garnier suggest the absorbent article of
claim 16. We therefore affirm the obviousness rejection of claim 16.
TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED

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