Ex Parte Lavon et al

Patent Trial and Appeal BoardJun 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. Â§ 134 from a final rejection of claims 1-9. We have jurisdiction under 35 U.S.C. Â§ 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 2 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; 3 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. Â§ 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 4 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. 5 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 6 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. Â§ 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. Â§ 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. Â§ 1.136(a)(l). AFFIRMED 7