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 .
Status of the Claims
The amendment filed 07/25/2025 has been entered. Claims 1-29 are pending. Claims 1-10 and 17-24 remain withdrawn. Claims 11-16 and 25-29 are under consideration and currently rejected below.
Response to Arguments
Applicant's arguments filed 07/25/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument, see pages 10-12, with respect to 35 USC 103 rejection, that Tuli does not teach claim 11 “wherein the sensing tracks are arranged so that a separate monitoring of at least three different zones along a lengthwise direction of the core of the absorbent article is possible” because electrode 103a, spanning the entire distance of the five 103b electrodes, acts in a continuous fashion. Accordingly, once one of the 103b electrodes is triggered and a closed circuit is formed between 103a and 103b, the location of any other closed circuit cannot be detected. In other words, because the 103a electrode is already “taken,: once additional 103b electrodes are trigged and circuits are closed, the location of such saturation will not be detectable. Rather, as shown in figures 2C and 2D of Tuli, for instance, only a change in resistance versus the earlier or subsequent voiding events is sensed (but not its location, much less a location along a lengthwise direction). Thus, monitoring of Tuli is not separated.
Examiner respectfully disagrees for the following reasons below.
Tuli explicitly teaches multiple, longitudinally distributed sensing elements and uses formation of new closed circuits between the continuous electrode (103a) and discrete sections of the other electrodes (103b) to indicate presence of fluid at different longitudinal locations see e.g., [0042]-[0044] and figure 2c (graph traces 210, 211 and 212), which describes how each newly formed closed circuit corresponds to urine at a new location and is represented by steep resistance traces.
Contrary to Applicant’s assertion, each closed circuit represents a different leak as urine present at different zones, and the formation of one closed circuit does not prevent detection of locations from additional closed circuit, as each discrete sections of 103b has its own independent connection path (via separated bands 102 and terminals 104), allowing the alerting device to measure resistance between the common 103a and each individual 103b section separately. This enables separate monitoring of multiple distinct zones (at least five discrete electrodes 103b).
Specifically, as explained at ([0043], when a user urinates, the urine can spread across the diaper 200 and will cause new closed circuits between electrode 103a and different sections of electrode 103b. Those new closed circuits will also have a steep fall in resistance. The steep fall in resistances in the new closed circuits does not necessarily indicate that a user has started urinating, but indicates that the urine has spread across to new locations), upon urination, the urine initially bridges the electrode 103a and one discrete section of electrode 103b, created a closed circuit and producing the steep resistance drop shown as trace 210 in figure 2C. As the urine spreads to new location, it bridges additional 103b sections to 103a, creating new closed circuit, and produces another a rapid resistance drop (figure 2c, traces 211-212), which maps to distinct lengthwise zones and enable separate monitoring of at least three zones as claimed (figure 1c, at least 5 discrete electrodes 103bs arranged along the lengthwise direction, enables separate monitoring of urine presence in distinct zones)
In response to applicant’s argument, see pages 12-13, that no motivation exist to combine the cited reference, because primary reference Janszen requires fluid must travel through the top permeable layer, as well as internal absorbent layer(s), before reaching and then engaging the detection electrodes. On the other hand, the alerting device of Tuli has sensor strips applied above the core, configured to generate an alert immediately upon wetting, and therefore replacement of the substrate of Tuli render Janszen unsatisfactory for the intended purpose.
Examiner respectfully disagrees for the following reasons below.
The argument appears to rely on the premise that the proposed combination requires bodily incorporation of the features of one reference into the other without modification. However, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In the instant case, one of ordinary skill in the art would recognize that the teaching of Tuli and Janszen could be combined with routine modification to achieve the claimed invention without rendering either reference unsatisfactory for its intended purpose, such as by adapting detecting algorithm or additional coating on the electrodes that enables delayed detection of urine presence.
For the reasons above, applicant’s argument is not persuasive and the rejection is maintained.
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.
Claims 11-16 and 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over Janszen (US 6200250 B1) in view of Tuli (US 20190154607 A1).
Regarding Claim 11, Janszen teaches an absorbent article (figure 1a, diaper 100) suitable for monitoring and detecting the presence of wetness therein and/or risk of exudate leakage therefrom, said absorbent article comprising:
a liquid impermeable backsheet (figure 1a and claim 1, liquid-impermeable backing sheet 110);
a liquid permeable topsheet (figure 1a and col 2 lines 45-65, water-permeable inner sheet);
an absorbent core (figure 1a, core 107) interposed between said backsheet and topsheet, wherein said backsheet comprises a substrate (figure 1a, sensing electrodes 117).
Janszen does not teach the substrate according to claim 1.
However, in the same field of endeavor, namely a sensor for detection of moisture in a diaper, Tuli teaches a substrate (figures 1a-b and [0040], moisture sensor unit 100) suitable for incorporation into an absorbent article for monitoring and detecting the presence of wetness therein and/or risk of exudate leakage therefrom, said substrate comprising a conductive pattern (figures 1a-b, pattern of electrodes 103a-b) disposed on a first surface (figure 3b, the electrodes 103a-b is disposed on a surface of sensor strip 101 that is arranged proximal to a body facing side) capable of being arranged proximal to a body facing side of the absorbent article, wherein said conductive pattern can be brought in electrical communication with a clip-on data processing module (figures 1 and 4 and [0049], contact terminals 104 of the sensor strip is configured to connect contact points 402 of alerting device 400), said conductive pattern comprising a plurality of connection tracks (figure 1, at least 5 contact terminals 104); and a plurality of sensing tracks (figure 1, 5 conductive bands 102) connected to said connection tracks, the plurality of sensing tracks and the plurality of connection tracks comprising at least four connection tracks (figure 1, at least 5 contact terminals 104) and/or sensing tracks, characterized in that
the conductive pattern is configured in a manner that addressing multiple combinations of said plurality of connection tracks with corresponding terminals of the clip-on data processing module result in multiple electrical circuit configurations for measuring resistance, impedance and/or capacitance therethrough ([0041] [0043] [0052] and [0057], longitudinally distributed electrodes 103a and 103b forms multiple electrical circuits which connected with an external device. The circuit incorporating the external device is configured to measure the resistance (e.g., open or closed circuit when moisture present) between the multiple electrical circuits), and wherein the sensing tracks are arranged so that a separate monitoring of at least three different zones along a lengthwise direction of the core of the absorbent article is possible (see figure 1 and [0041], electrodes 103a and 103b distributed along the longitudinal direction that forms at least five different detection zones).
Tuli also teaches the sensor strip comprising electrodes distributed along the longitudinal direction of the sensor in order to allows identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas ([0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen to incorporate the teachings of Tuli and provides the substrate according to claim 1 above, and one of skill in the art motivated to do so, for the purpose of allowing identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas.
Regarding Claim 12, Janszen, as modified by Tuli, teaches the absorbent article according to claim 11.
Janszen does not teach wherein said absorbent article further comprises the clip-on data processing module is removable having the corresponding terminals capable of selectively addressing the plurality of connection tracks of the conductive pattern.
However, in the same field of endeavor, namely a sensor for detection of moisture in a diaper, Tuli teaches that the clip-on data processing module is removable ([0049] the device 400 is configured to be attached by clamping) having the corresponding terminals (figure 4 and [0049], contact points 402 connects with contact terminals 104) capable of selectively addressing the plurality of connection tracks of the conductive pattern.
Tuli also teaches the external alerting device in order to analyze the degree of wetness of the sensor strip ([0041]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen, as modified by Tuli, to incorporate the teachings of Tuli and provides the clip-on data processing module as claimed above, and one of skill in the art motivated to do so, for the purpose of allowing identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas.
Regarding Claim 13, Janszen, as modified by Tuli, teaches the absorbent article according to claim 12.
Janszen teaches wherein at least a portion of the clip-on data processing module is retained within a pocket (figure 19, module 1504 being retained within pocket 111), said pocket positioned over at least a portion of the absorbent core with the core being interposed between said pocket and the skin of a subject when the absorbent article is worn (see figures 1 and 19, core 107 would be positioned between pocket 111 and subject when the diaper is worn) such that when the clip-on data processing module is inserted into the pocket the absorbent core provides a cushioning layer between said clip-on data processing module and said skin of the subject (col 2 lines 45-col 3 lines 5, the core 107 comprises liquid-absorbent padding that provides cushioning).
Janszen does not teach wherein selectively addressing multiple combinations of the plurality of connection tracks with corresponding terminals of the clip-on data processing module result in multiple electrical circuit configurations for measuring resistance, impedance and/or capacitance therethrough;
However, in the same field of endeavor, namely a sensor for detection of moisture in a diaper, Tuli teaches wherein selectively addressing multiple combinations of the plurality of connection tracks with corresponding terminals of the clip-on data processing module result in multiple electrical circuit configurations for measuring resistance, impedance and/or capacitance therethrough ([0041] [0043] [0052] and [0057], longitudinally distributed electrodes 103a and 103b forms multiple electrical circuits which connected with an external device. The circuit incorporating with the external device is configured to measure the resistance (e.g., open or closed circuit when moisture present) among the multiple electrical circuits)
Tuli also teaches the plurality of electrodes forms multiple electronic circuit incorporates with the corresponding terminals of the external module in order to allows identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas ([0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen, as modified by Tuli, to incorporate the teachings of Tuli and provides the substrate according to claim 13 above, and one of skill in the art motivated to do so, for the purpose of allowing identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas.
Regarding Claim 14, Janszen, as modified by Tuli, teaches the absorbent article according to claim 13.
Janszen does not teach wherein measuring resistance, impedance and/or capacitance of multiple circuit configurations defined by the conductive pattern selectively addressed with corresponding terminals of the clip-on data processing module enables monitoring wetness at different zones of the core of the absorbent article and/or monitoring a distribution of wetness as a result of the actual and/or previous body position of a wearer of said absorbent article.
However, in the same field of endeavor, namely a sensor for detection of moisture in a diaper, Tuli teaches wherein measuring resistance, impedance and/or capacitance of multiple circuit configurations defined by the conductive pattern selectively addressed with corresponding terminals of the clip-on data processing module enables monitoring wetness at different zones of the core of the absorbent article and/or monitoring a distribution of wetness as a result of the actual and/or previous body position of a wearer of said absorbent article ([0041] [0043] [0052] and [0057], longitudinally distributed electrodes 103a and 103b forms multiple electrical circuits which connected to contact points 402 of an external device. The circuit incorporating with the external device is configured to measure the resistance (e.g., open or closed circuit when moisture present) between the multiple electrical circuits on the absorbent article)
Tuli also teaches measuring resistance between multiple electrical circuits distributed on the core in order to allows the degree of wetness at each of the detection areas ([0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen, as modified by Tuli, to incorporate the teachings of Tuli and provides the substrate according to claim 14 above, and one of skill in the art motivated to do so, for the purpose of allowing identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas.
Regarding Claim 15, Janszen, as modified by Tuli, teaches the absorbent article according to claim 14.
Janszen does not teach wherein the sensing tracks are arranged so that a separate monitoring of at least three different zones along a lengthwise direction of the core of the absorbent article is possible.
However, in the same field of endeavor, namely a sensor for detection of moisture in a diaper, Tuli teaches wherein the sensing tracks are arranged so that a separate monitoring of at least three different zones along a lengthwise direction of the core of the absorbent article is possible (figure 1, at least five electrodes 103b distributed along the longitudinal direction that measures at least five different zones) .
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen, as modified by Tuli, to incorporate the teachings of Tuli and provides the substrate according to claim 15 above, and one of skill in the art motivated to do so, for the purpose of allowing identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas, as taught by Tuli.
Regarding Claim 16, Janszen, as modified by Tuli, teaches the absorbent article according to claim 14.
Janszen and Tuli do not teach wherein the sensing tracks are arranged so that a separate monitoring of at least two different zones along a widthwise direction of the core of the absorbent article is possible, though Tuli teaches wherein the sensing tracks are arranged so that a separate monitoring of at least five different zones along a lengthwise direction of the core of the absorbent article is possible (figure 1, at least five electrodes 103b distributed along the longitudinal direction that measures at least five different zones), for the purpose of monitoring wetness location along the diaper as well as the degree of wetness at each of the detection areas.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen, as modified by Tuli, such that sensing tracks are arranged so that a separate monitoring of at least two different zones along a widthwise direction of the core of the absorbent article as such a modification would have been an obvious matter of design choice involving a rearrangement of parts. A rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04 IV). Here, one of skill in the art motivated to do so to monitor lateral spread movement of urine in the core.
Regarding Claim 25, Janszen, as modified by Tuli, teaches the absorbent article according to claim 11.
Janszen further teaches wherein said absorbent article is a disposable diaper, pad or pant (col 3 lines 45-50, disposable diaper 100)
Regarding Claim 26, Janszen, as modified by Tuli, teaches the absorbent article according to claim 12.
Janszen does not teach wherein the number of said terminals is at least the same as the number of said connection tracks.
However, in the same field of endeavor, namely a sensor for detection of moisture in a diaper, Tuli teaches wherein the number of said terminals is at least the same as the number of said connection tracks (see figures 1 and 4, the number of contact points 402 matches the number of contact terminals 104)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen to incorporate the teachings of Tuli and provides the substrate according to claim 26 above, and one of skill in the art motivated to do so, for the purpose of allowing identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas, as taught by Tuli.
Regarding Claim 27, Janszen, as modified by Tuli, teaches the absorbent article according to claim 14.
Janszen does not teach wherein the sensing tracks are arranged so that a separate monitoring of at least five different zones along a lengthwise direction of the core of the absorbent article is possible.
However, in the same field of endeavor, namely a sensor for detection of moisture in a diaper, Tuli teaches wherein the sensing tracks are arranged so that a separate monitoring of at least five different zones along a lengthwise direction of the core of the absorbent article is possible (figure 1, at least five electrodes 103b distributed along the longitudinal direction that measures at least five different zones) .
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen to incorporate the teachings of Tuli and provides the substrate according to claim 27 above, and one of skill in the art motivated to do so, for the purpose of allowing identification of the wetness location along the diaper as well as the degree of wetness at each of the detection areas, as taught by Tuli.
Regarding Claim 28, Janszen, as modified by Tuli, teaches the absorbent article according to claim 14.
Janszen and Tuli do not teach wherein the sensing tracks are arranged so that a separate monitoring of at least four different zones along a widthwise direction of the core of the absorbent article is possible, although Tuli teaches where the sensing tracks are arranged so that a separate monitoring of at least five different zones along a lengthwise direction of the core of the absorbent article is possible (figure 1, at least five electrodes 103b distributed along the longitudinal direction that measures at least five different zones), for the purpose of monitoring wetness location along the diaper as well as the degree of wetness at each of the detection areas.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen, as modified by Tuli, such that the sensing tracks are arranged so that a separate monitoring of at least four different zones along a widthwise direction of the core of the absorbent article as such a modification would have been an obvious matter of design choice involving a rearrangement of parts. A rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04 IV). Here, one of skill in the art motivated to do so to monitor lateral spread movement of urine in the core.
Regarding Claim 29, Janszen, as modified by Tuli, teaches the absorbent article according to claim 15.
Janszen and Tuli does not teach wherein the sensing tracks are arranged so that a separate monitoring of at least two different zones along a widthwise direction of the core of the absorbent article is possible, although Tuli teaches wherein the sensing tracks are arranged so that a separate monitoring of at least five different zones along a lengthwise direction of the core of the absorbent article is possible (figure 1, at least five electrodes 103b distributed along the longitudinal direction that measures at least five different zones), for the purpose of monitoring wetness location along the diaper as well as the degree of wetness at each of the detection areas.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Janszen, as modified by Tuli, such that sensing tracks are arranged so that a separate monitoring of at least two different zones along a widthwise direction of the core of the absorbent article as such a modification would have been an obvious matter of design choice involving a rearrangement of parts. A rearrangement of parts is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.04 IV). Here, one of skill in the art motivated to do so to monitor lateral spread of urine in the core.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SETH HAN whose telephone number is (571)272-2545. The examiner can normally be reached M-F 0900-1700.
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/S.H./Examiner, Art Unit 3781
/GUY K TOWNSEND/Primary Examiner, Art Unit 3781
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