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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/23/2026 has been entered.
Status of the Claims
The amendment filed 06/23/2026 has been entered. Claims 1-10 and 12-24 are pending and under consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/23/2026 was filed after the mailing date of the final office action on 02/24/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
In response to the applicant’s argument with respect 35 USC 103 rejections have been considered and are at least partially persuasive, but are moot in light of new rejection/interpretation.
Claim Objections
Claims 1 and 12 objected to because of the following informalities:
Claims 1 and 12 recite “a width of a thickness of the second gasket portion” which should read “a width of the thickness of the second gasket portion”
Appropriate correction is required.
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 1, 2, 4-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Lee et al (US 20210220190 A1).
Regarding claim 1, Roe substantially teaches applicant’s claimed invention, and specifically discloses a device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
a garment (figure 1, absorbent article 101) comprising:
an absorbent portion (figure 1, absorbent core 127) comprising:
a central absorbent portion (annotated figure 1, central portion having sides) having opposing sides;
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a first gasket portion comprising an outer surface, an inner surface, and a top surface disposed therebetween, the first gasket portion forming a closed perimeter about the central absorbent portion, wherein the first gasket portion is made of an absorbent, non-woven material and adapted to provide a seal for liquid containment; and
a second gasket portion having a first side, a second side, and a thickness therebetween, wherein the second gasket portion is formed directly on, contacting, and extending from the top surface of the first gasket portion,
wherein the second gasket portion is made of an absorbent, non-woven material, and
wherein, at an interface where the second gasket portion contacts the first gasket portion, a width of a thickness of the second gasket portion is less than a width of the top surface of the first gasket portion, such that the second gasket portion is spaced apart from the outer surface and the inner surface of the first gasket portion around an entire perimeter of the central absorbent portion,
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon, wherein the central canyon comprises a collection reservoir for the liquid containment, and wherein no portion of the central canyon extends higher than the second gasket portion.
In the same field of endeavor, namely an absorbent article having an opening, Lee teaches an absorbent portion (figures 1-3 absorbent article 10) comprising:
a first gasket portion (figures 2 and 3, absorbent core 34) comprising an outer surface (figure 3, outer surface defining an outer perimeter of the absorbent core 34), an inner surface (figure 3, opposite inner surface defining an inner perimeter 46), and a top surface (figure 3, body facing surface 62) disposed therebetween, the first gasket portion forming a closed perimeter (figure 3, perimeter 46 about the central absorbent portion, wherein the first gasket portion is made of an absorbent, non-woven material and adapted to provide a seal for liquid containment ([0058 and 0067] absorbent core 34 made of nonwoven material and the opening is configured to prevent leakage of the body exudate away); and
a second gasket portion (figures 2 and 3, fluid intake layer 32) having a first side (figure 3 , inner side forming perimeter 42), a second side (figure 3, opposite outer side), and a thickness therebetween (figure 3, thickness between the inner and outer sides), wherein the second gasket portion is formed directly on, contacting, and extending from the top surface of the first gasket portion (figure 3),
wherein the second gasket portion is made of an absorbent, non-woven material ([0060]), and
wherein, at an interface (figure 3, interface between 32 and 34) where the second gasket portion contacts the first gasket portion, a width of a thickness of the second gasket portion is less than a width of the top surface of the first gasket portion, such that the second gasket portion is spaced apart from the outer surface and the inner surface of the first gasket portion around an entire perimeter of the central absorbent portion (figure 3, width of 32 is less than width of 34 such that the fluid intake layer 32 is spaced apart from the inner and outer surfaces of the absorbent core 34),
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon (figure 3, opening 50), wherein the central canyon comprises a collection reservoir (figure 3 and [0058-0059]) for the liquid containment, and wherein no portion of the central canyon extends higher than the second gasket portion (figure 3).
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 Roe to incorporate the teachings of Lee and provides the first and second gasket portions as claimed for the purpose of minimizing or preventing the body exudate from heavily spreading in the transverse direction of the absorbent portion and thereby leaking out of the absorbent portion as taught by Lee ([0058-0059]).
Regarding claim 2, Roe, as modified by Lee, teaches the garment of claim 1.
The combination further teaches wherein the absorbent portion is removable and disposable (Roe; [0007] "An absorbent core can be configured as a bucket-shaped absorbent core, a removable absorbent core, a replaceable absorbent core, an absorbent core insert, etc." ).
Regarding Claim 4, Roe, as modified by Lee, teaches the garment of claim 1.
The combination further teaches a pair of briefs (Roe; figure 1, outer cover 121 [0021] the fastener 154 are fastened to 121-b, forming a pair of brief) having an opening for a wearer’s torso (Roe; figure 1 and [0006], torso opening along front and back waist edge 106 and 108 when assembled) and leg openings for each of the wearer’s legs (Roe; opening along leg cuff portions 186 when assembled), wherein one or both of the leg openings comprising a leg cuff (Roe; figure 1a, leg cuff portions 186).
Regarding Claim 5, Roe, as modified by Lee, teaches the garment of claim 4.
The combination further teaches a first ruching (Roe; leg cuff portion 186 including inner elastic band 187 forms a ruching. For example, figure 1 and [0027] “the leg and waist bands are formed from inner material, which is elastic, and an outer material, which is a soft, extensible fabric. For example, the inner elastic band material can be natural elastic, about 10 mm wide. The inner elastic band material is similar to the back inner layer material. The outer fabric band material is similar to the outer layer material”, soft outer layer including inner elastic band therein forms ruching).
Regarding Claim 6, Roe, as modified by Lee, teaches the garment of claim 5.
The Combination further teaches comprising stretch binding or a stretch seam formed on an outer edge of the first ruching (Roe; figure 1, leg elastic bands 187).
Regarding Claim 7, Roe, as modified by Lee, teaches the garment of claim 4.
The combination further teaches comprising absorbent binding on the leg cuffs (Roe; [0034] “The leg bands are sewn to the wrong side of the inner layer and to the wrong side of the outer layer at the contractible leg cuff portions on the left and right longitudinal sides of the outer cover“).
Regarding Claim 10, Roe, as modified by Lee, teaches the garment of claim 4.
The combination further teaches wherein the opening for the wearer’s torso comprises a waist band (Roe; figure 1, back elastic waist band 107).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Lee et al (US 20210220190 A1), and in further view of Chen et al (US 20040102752 A1).
Regarding claim 3, Roe, as modified by Lee, teaches the garment of claim 1.
The combination does not teach wherein the second gasket portion comprises a pair of gaskets strips disposed longitudinally along the opposite sides; though
Lee teaches the second gasket is intended to block the body exudate absorbed and spread in the transverse direction ([0059]), and the second gasket can have any shape and/or size desired ([0060]).
In the same field of endeavor, namely an absorbent article with center fill performance, Chen teaches wherein the second gasket portion comprises a pair of gaskets strips disposed longitudinally along the opposite sides (figure 9, wicking barriers 220).
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 Roe, as modified by Lee, to incorporate the teachings of Chen and substitutes the second gasket of Roe (gasket forming a complete loop) with another (figure 9, pair of longitudinal gasket strips) as the modification would have been a simple substitution of known element with another to obtain predictable results (effectively blocking fluid spreading in the transverse direction) as taught by Chen ([0248]).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Lee et al (US 20210220190 A1), and in further view of Wang et al (US 20140257228 A1, hereinafter ‘Wang’)
Regarding Claim 8, Roe, as modified by Lee, teaches the garment of claim 4.
The combination does not teach wherein the absorbent portion comprises alignment indicia for aligning the absorbent pad within the pair of briefs.
However, in the same field of endeavor, namely a disposable absorbent inserts for pants, Wang teaches wherein the absorbent portion comprises alignment indicia for aligning the absorbent pad within the pair of briefs ([0276] “The insert 50 and/or the outer cover 20 may comprise one or more insert targeting indicia to indicate”).
Wang provides targeting indicia in order to facilitate and/or compel correct positioning and association of portions of the insert within the outer cover ([0276]).
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 Roe, as modified by Lee, to incorporate the teachings of Wang and provide the absorbent portion comprises alignment indicia for aligning the absorbent pad within the pair of briefs, and one of skill in the art motivated to do so, for the purpose of facilitating and/or compel correct positioning of insert associated with the garment.
Regarding Claim 9, Roe, as modified by Lee, teaches the garment of claim 4.
The combination does not teach wherein the absorbent portion comprises an adhesive portion for adhering the absorbent portion to the pair of briefs.
However, in the same field of endeavor, namely a disposable absorbent inserts for pants, Wang teaches wherein the absorbent portion comprises an adhesive portion for adhering the absorbent portion to the pair of briefs ([0091] “In some embodiments, an adhesive, such as an undergarment or panty fastening adhesive, may be used to attach the insert 50 to the outer cover 20”).
Wang provides the fastening adhesive in order to easily remove and attach the insert to the outer cover and further the adhesive would be helpful to maintain the insert being attached to an outer cover that is not positioned on a wearer ([0092]).
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 Roe, as modified by Lee, to incorporate the teachings of Wang to provide the absorbent portion comprises an adhesive portion for adhering the absorbent portion to the pair of briefs, and one of skill in the art motivated to do so, for the purpose of facilitating easy removal and attachment of the absorbent portion to the pair of briefs and further maintain the absorbent portion attached to the briefs when the brief is not wearing position.
Claims 12, 13, 15-19, 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Lee et al (US 20210220190 A1) and McCormick (US 5884771 A)
Regarding claim 12, Roe teaches a kit for a disposable protective garment, the kit comprising:
a protective garment (figure 1, absorbent article 101) comprising:
an absorbent portion (figure 1, absorbent core 127) comprising:
a central absorbent portion (annotated figure 1, the central portion of core 127 having opposing lateral sides) having opposing sides;
a first gasket portion comprising an outer surface, an inner surface, and a top surface disposed therebetween, the first gasket portion forming a closed perimeter about the central absorbent portion, wherein the first gasket portion is made of an absorbent, non-woven material and adapted to provide a seal for liquid containment; and
a second gasket portion having a first side, a second side and a thickness therebetween, wherein the second gasket portion is formed directly on, contacting ,and extending from the top surface of the first gasket portion,
wherein the second gasket portion is made of an absorbent, non-woven material, and
wherein, at an interface where the second gasket portion contacts the first gasket portion, a width of a thickness of the second gasket portion is less than a width of the top surface of the first gasket portion, such that the second gasket portion is spaced apart from the outer surface and the inner surface of the first gasket portion around an entire perimeter of the central absorbent portion,
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon, wherein the central canyon comprises a collection reservoir for the liquid containment, wherein no portion of the central canyon extends higher than the second gasket portion; and a disposable bag.
In the same field of endeavor, namely an absorbent article having an opening, Lee teaches an absorbent portion (figure 1, absorbent core 34) comprising:
a first gasket portion (figures 2 and 3, absorbent core 34) comprising an outer surface (figure 3, outer surface defining an outer perimeter of the absorbent core 34), an inner surface (figure 3, opposite inner surface defining 46), and a top surface (figure 3, body facing surface 62) disposed therebetween, the first gasket portion forming a closed perimeter (figure 3, perimeter 46) about the central absorbent portion, wherein the first gasket portion is made of an absorbent, non-woven material and adapted to provide a seal for liquid containment ([0058 and 0067]); and
a second gasket portion (figures 2 and 3, fluid intake layer 32) having a first side (figure 3, inner side forming perimeter 42), a second side (figure 3, opposite outer side) and a thickness (figure 3, thickness between the inner and outer sides) therebetween, wherein the second gasket portion is formed directly on, contacting ,and extending from the top surface of the first gasket portion (figure 3),
wherein the second gasket portion is made of an absorbent, non-woven material ([0060], and
wherein, at an interface (figure 3, interface between 32 and 34) where the second gasket portion contacts the first gasket portion, a width of a thickness of the second gasket portion is less than a width of the top surface of the first gasket portion, such that the second gasket portion is spaced apart from the outer surface and the inner surface of the first gasket portion around an entire perimeter of the central absorbent portion (figure 3, width of 32 is less than width of 34 such that the fluid intake layer 32 spaced apart from the inner and outer surfaces of the absorbent core 34),
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon (figure 3, opening 50), wherein the central canyon comprises a collection reservoir (figure 3 and [0058-0059]) for the liquid containment, wherein no portion of the central canyon extends higher than the second gasket portion (figure 3);
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 Roe to incorporate the teachings of Lee and provides the first and second gasket portions as claimed for the purpose of minimizing or preventing the body exudate from heavily spreading in the transverse direction of the absorbent portion and thereby leaking out of the absorbent portion as taught by Lee ([0058-0059]).
The combination does not teach the kit comprises a disposable bag.
However, in the same field of endeavor, namely a disposable hygiene carrier kit, McCormick teaches providing a kit for a disposable protective garment and a disposable bag(col 2 lines 1-20, “The kit contains four components: (1) an outer pouch; (2) a plurality of inner pouches; (3) one or more handling/cleaning wipes or tissues per inner pouch; and (4) a storage pouch. The outer pouch is designed to contain the remaining components of the kit and a supply of sanitary napkins” ).
McCormick provides the kit comprising disposable pouch and sanitary napkins in order to carry the items in a concealed and discrete fashion to avoid embarrassment (col 1 lines 25-30).
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 Roe, as modified by Lee, to incorporate the teachings of McCormick and provide the disposable protective garment provided as a kit and the kit comprising a disposable bag for the purpose of enabling carrying sensitive items in a concealed and discrete fashion.
Regarding Claim 13, Roe, as modified by Lee and McCormick, teaches the kit of claim 12.
The combination further teaches wherein the absorbent portion is removable and disposable (Roe; [0007] " An absorbent core can be configured as a bucket-shaped absorbent core, a removable absorbent core, a replaceable absorbent core, an absorbent core insert, etc." ).
Regarding Claim 15, Roe, as modified by Lee and McCormick, teaches the kit of claim 12.
The combination further teaches further comprising: a pair of briefs (Roe; figure 1, outer cover 121 [0021] the fastener 154 are fastened to 121-b, forming a pair of briefs) having an opening for a wearer’s torso (Roe; figure 1 and [0006], torso opening along front and back waist edge 106 and 108 when assembled) and leg openings for each of the wearer’s legs (Roe; opening along leg cuff portions 186 when assembled), wherein one or both of the leg openings comprising a leg cuff (Roe; figure 1a, leg cuff portions 186).
Regarding Claim 16, Roe, as modified by Lee and McCormick, teaches the kit of claim 15.
The combination further teaches wherein the pair of briefs comprises a pocket for removably retaining the absorbent portion (Roe; [0039] the outer cover comprises fastening mechanism for example a pocket configured to retain the absorbent core).
Regarding Claim 17, Roe, as modified by Lee and McCormick, teaches the kit of claim 15.
The combination further teaches wherein the protective garment further comprises a first ruching (Roe; leg cuff portion 186 including inner elastic band 187 forms a ruching. For example, figure 1 and [0027] “the leg and waist bands are formed from inner material, which is elastic, and an outer material, which is a soft, extensible fabric. For example, the inner elastic band material can be natural elastic, about 10 mm wide. The inner elastic band material is similar to the back inner layer material. The outer fabric band material is similar to the outer layer material”, soft outer layer including inner elastic band therein forms ruching.).
Regarding Claim 18, Roe, as modified by Lee and McCormick, teaches the kit of claim 17.
The combination further teaches further comprising stretch binding or a stretch seam formed on an outer edge of the first ruching (Roe; figure 1, leg elastic bands 187).
Regarding Claim 19, Roe, as modified by Lee and McCormick, teaches the kit of claim 15.
The combination further teaches further comprising absorbent binding on the leg cuffs (Roe; [0034] “The leg bands are sewn to the wrong side of the inner layer and to the wrong side of the outer layer at the contractible leg cuff portions on the left and right longitudinal sides of the outer cover “ [0041] “outer cover material may include, …, cotton, wool” sewn cuffs made of cotton or wool material considered absorbent binding ).
Regarding Claim 22, Roe, as modified by Lee and McCormick, teaches the kit of claim 12.
The combination does not teach wherein the disposable bag comprises an adhesive strip for adhering a first portion of the disposable bag to a second portion of the disposable bag.
However, in the same field of endeavor, namely a disposable hygiene carrier kit, McCormick teaches wherein the disposable bag (McCormick; figure 1, pouch 10) comprises an adhesive strip (McCormick; figure 1, closure 16, col 3 lines 34-38 “Alternatively, an adhesive could be used so long as the adhesive provides a strong enough seal to retain the contents within the pouch 10 and yet permits one to repeatedly open and seal the flap 14 to the pocket 12 so that contents can be removed from or added to the pouch”) adhering a first portion of disposable bag (McCormick; figure 1, flap 14) to a second portion of the disposable bag (McCormick; figure 1, pocket 12, the adhesive on pocket 24 would adhere the flap 14).
McCormick provides the kit comprising disposable pouch comprises an adhesive strip for adhering a first portion of the disposable bag to a second portion of the disposable bag in order to carry the items in a concealed and discrete fashion to avoid embarrassment (col 1 lines 25-30).
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 Roe, as modified by Lee and McCormick, to incorporate the teachings of McCormick and provide the disposable bag comprises an adhesive strip for adhering a first portion of the disposable bag to a second portion of the disposable, and one of skill in the art motivated to do so, for the purpose of enabling carrying sensitive items in a concealed and discrete fashion.
Regarding Claim 24, Roe, as modified by Lee and McCormick, teaches the kit of claim 12.
The combination does not teach wherein the disposable bag comprises an interlocking strip for adhering a first portion of the disposable bag to a second portion of the disposable bag
However, in the same field of endeavor, namely a disposable hygiene carrier kit, McCormick teaches the disposable bag comprises an interlocking strip (McCormick; figure 1, closure 16, col 3 lines 34-38 “Alternatively, an adhesive could be used so long as the adhesive provides a strong enough seal to retain the contents within the pouch 10 and yet permits one to repeatedly open and seal the flap 14 to the pocket 12 so that contents can be removed from or added to the pouch”) adhering a first portion of disposable bag (McCormick; figure 1, flap 14) to a second portion of the disposable bag (McCormick; figure 1, pocket 12, the adhesive on pocket 24 would adhere the flap 14).
McCormick provides the disposable bag comprises an interlocking strip for adhering a first portion of the disposable bag to a second portion of the disposable bag in order to carry the items in a concealed and discrete fashion to avoid embarrassment (col 1 lines 25-30).
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 Roe, as modified by Lee and McCormick, to incorporate the teachings of McCormick and further include the disposable bag comprises an interlocking strip for adhering a first portion of the disposable bag to a second portion of the disposable bag, and one of skill in the art motivated to do so, for the purpose of enabling carrying sensitive items in a concealed and discrete fashion.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Lee et al (US 20210220190 A1) and McCormick (US 5884771 A), and in further view of Chen et al (US 20040102752 A1).
Regarding Claim 14, Roe, as modified by Lee and McCormick, teaches the kit of claim 12.
The combination does not teach wherein the second gasket portion comprises a pair of gaskets strips disposed longitudinally along the opposite sides. though
Lee teaches the second gasket is intended to block the body exudate absorbed and spread in the transverse direction ([0059]), and the second gasket can have any shape and/or size desired ([0060]).
In the same field of endeavor, namely an absorbent article with center fill performance, Chen teaches wherein the second gasket portion comprises a pair of gaskets strips disposed longitudinally along the opposite sides (figure 9, wicking barriers 220).
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 Roe, as modified by Lee, to incorporate the teachings of Chen and substitutes the second gasket of Roe (gasket forming a complete loop) with another (figure 9, pair of longitudinal gasket strips) as the modification would have been a simple substitution of known element with another to obtain predictable results (effectively blocking fluid spreading in the transverse direction) as taught by Chen ([0248]).
Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Lee et al (US 20210220190 A1) and McCormick (US 5884771 A), and in further view Wang (US 20140257228 A1).
Regarding Claim 20, Roe, as modified by Lee and McCormick, teaches the kit of claim 15.
The combination does not teach wherein the absorbent portion comprises alignment indicia for aligning the absorbent pad within the pair of briefs.
However, in the same field of endeavor, namely a disposable absorbent inserts for pants, Wang teaches wherein the absorbent portion comprises alignment indicia for aligning the absorbent pad within the pair of briefs ([0276] “The insert 50 and/or the outer cover 20 may comprise one or more insert targeting indicia to indicate”).
Wang provides targeting indicia in order to facilitate and/or compel correct positioning and association of portions of the insert within the outer cover ([0276]).
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 Roe, as modified by Lee and McCormick, to incorporate the teachings of Wang and provide the absorbent portion comprises alignment indicia for aligning the absorbent pad within the pair of briefs for the purpose of facilitating and/or compel correct positioning of insert associated with the garment.
Regarding Claim 21, Roe, as modified by Lee and McCormick, teaches the kit of claim 15.
The combination does not teach wherein the absorbent portion comprises an adhesive portion for adhering the absorbent portion to the pair of briefs.
However, in the same field of endeavor, namely a disposable absorbent inserts for pants, Wang teaches wherein the absorbent portion comprises an adhesive portion for adhering the absorbent portion to the pair of briefs ([0091] “In some embodiments, an adhesive, such as an undergarment or panty fastening adhesive, may be used to attach the insert 50 to the outer cover 20”).
Wang provides the fastening adhesive in order to easily remove and attach the insert to the outer cover and further the adhesive would be helpful maintain the insert being attached to an outer cover that is not positioned on a wearer ([0092]).
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 Roe, as modified by Lee and McCormick, to incorporate the teachings of Wang and provide the absorbent portion comprises an adhesive portion for adhering the absorbent portion to the pair of briefs, and one of skill in the art motivated to do so, for the purpose of facilitating easy removal and attachment of the absorbent portion to the pair of briefs and further maintain the absorbent portion attached to the briefs when the brief is not wearing position.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Lee et al (US 20210220190 A1) and McCormick (US 5884771 A), and in further view of Thomas (US 20050098466 A1)
Regarding Claim 23, Roe, as modified by Lee and McCormick, teaches the kit of claim 12.
Roe does not teach wherein the disposable bag comprises a selectively removable strip for opening the disposable bag.
However, in the same field of endeavor, namely a feminine protection product disposal pouch, Thomas teaches wherein the disposable bag comprises a selectively removable strip (figure 1, removable nonstick cover 38) for opening the disposable bag.
Thomas provides removable nonstick cover in order to prevent the adhesive from adhering to anything prior to the intended use of the pouch ([0009]).
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 Roe, as modified by Lee and McCormick, to incorporate the teachings of Thomas and provides the disposable bag comprises a selectively removable strip, and one of skill in the art motivated to do so, for the purpose of preventing the adhesive from adhering to anything prior to the intended use of the pouch.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SETH HAN/ Examiner, Art Unit 3781
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