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 01/08/2026 has been entered. At entry, claims 1-10 and 12-24 are pending and under consideration.
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 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 1-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Mizutani et al (US 20050010185 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 opposing sides (annotated figure 1, 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 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, 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,
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon comprising a collection reservoir for the liquid containment, wherein no portion of the central canyon extends higher than the second gasket portion.
Roe does not teach the absorbent portion comprising:
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 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, 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,
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon comprising a collection reservoir for the liquid containment, wherein no portion of the central canyon extends higher than the second gasket portion.
In the same field of endeavor, namely an auxiliary sheet for absorbent article, Mizutani teaches an absorbent portion (figures 15, sanitary napkin 70 comprising auxiliary sheet 71) comprising:
a first gasket (figures figure 15, auxiliary sheet 71) portion comprising an outer surface (figure 15, outer surface defining outer perimeter of the auxiliary sheet), an inner surface (figure 15, inner surface defining through hole, for example through hole 62 shown in figure 13), and a top surface (figure 15, top surface) disposed therebetween, the first gasket portion forming a closed perimeter (figure 15, through-hole) about the central absorbent portion, wherein the first gasket portion is adapted to provide a seal for liquid containment (abstract, [0100] [0121] the auxiliary sheet comprising through hole configured to engage the labia and guide the liquid containment flow through the through hole, thereby providing a seal for liquid containment); and
a second gasket portion (figure 15, adhesive portion 73) having a first side (figure 15, upper surface), a second side (figure 15, opposite lower surface attached to auxiliary sheet 71), and a thickness (figure 15, thickness of the adhesive portion 73 as shown figure 12) therebetween, wherein the second gasket portion is formed directly on, contacting, and extending from the top surface of the first gasket portion (figure 15, adhesive portion 73 formed directly on, contacting, and extending from the top surface of the auxiliary sheet 71), and wherein, at an interface (figure 15, interface between the adhesive portion 73 and auxiliary sheet 71) 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 (figure 15, the width of the adhesive portion at the interface is less than a width of the top surface of the auxiliary sheet),
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon (figure 15 and [0021], the through-hole surrounded by auxiliary sheet 71 and adhesive portion 73 forms a canyon configured to guide and collect the liquid discharge therein) comprising a collection reservoir for the liquid containment, wherein no portion of the central canyon extends higher than the second gasket portion.
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 Mizutani and provide the absorbent portion as claimed for the purpose of preventing discharged fluid from flowing in a lateral direction, thereby reducing the likelihood of body fluid leakage as taught by Mizutani ([0019]-[0021]).
Regarding Claim 2, roe, as modified by Mizutani, 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 3, Roe, as modified by Mizutani, 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
However, in an alternate embodiment of Mizutani (figures 1-2), Mizutani teaches wherein the second gasket portion comprises a pair of gaskets strips disposed longitudinally along the opposite sides (Mizutani; figure 1, pair of adhesive strips 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, as modified by Mizutani, to incorporate the teachings of Mizutani and substitutes the perimeter gasket with the pair of gasket strips as the modification would have been a simple substituting of known element with another to obtain predictable result (providing effective adhering and sealing means).
Regarding Claim 4, Roe, as modified by Mizutani, 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 Mizutani, 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 Mizutani, 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 Mizutani, 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 “ [0041] “outer cover material may include, …, cotton, wool” Sewn cuffs made of cotton or wool material considered absorbent binding ).
Regarding Claim 10, Roe, as modified by Mizutani, 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).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Mizutani et al (US 20050010185 A1), and in further view of Wang et al (US 20140257228 A1, hereinafter ‘Wang’)
Regarding Claim 8, Roe, as modified by Mizutani, 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 Mizutani, 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 Mizutani, 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 Mizutani, 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 are rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Mizutani et al (US 20050010185 A1)
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 above, the central portion of core 127n having lateral sides along the longitudinal centerline 113) 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 perimeter about the central absorbent portion, wherein the first gasket portion is 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, 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,
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon comprising 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.
Roe does not teach the absorbent portion comprising
a first gasket portion comprising an outer surface, an inner surface, and a top surface disposed therebetween, the first gasket portion forming a perimeter about the central absorbent portion, wherein the first gasket portion is 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, 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,
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon comprising a collection reservoir for the liquid containment, wherein no portion of the central canyon extends higher than the second gasket portion;
In the same field of endeavor, namely an auxiliary sheet for an absorbent article, Mizutani teaches the absorbent portion (figure 15, sanitary napkin 70 comprising auxiliary sheet 71) comprising
a first gasket portion (figure 15, auxiliary sheet 71) comprising an outer surface (figure 15, outer surface defining outer perimeter of the auxiliary sheet), an inner surface (figure 15, inner surface defining through hole, for example through hole 62 shown in figure 13), and a top surface (figure 15, top surface) disposed therebetween, the first gasket portion forming a perimeter (figure 15, through hole as shown figure 13) about the central absorbent portion, wherein the first gasket portion is adapted to provide a seal for liquid containment (abstract, [0100] [0121] the auxiliary sheet comprising the through hole configured to engage the labia and guide the liquid containment flow through the through hole, thereby providing a seal for liquid containment); and
a second gasket (figure 15, adhesive portion 73) portion having a first side (figure 15, upper surface of the adhesive portion 73), a second side (figure 15, opposite lower surface attached to auxiliary sheet 71) and a thickness (figure 15, thickness of the adhesive portion 73 as shown figure 13) therebetween, wherein the second gasket portion is formed directly on, contacting (figure 15, adhesive portion 73 formed directly on, contacting, and extending from the top surface of the auxiliary sheet 71), and extending from the top surface of the first gasket portion, and wherein, at an interface (figure 15, interface between the adhesive portion 73 and auxiliary sheet 71) 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 (figure 15, the width of the adhesive portion at the interface is less than the width of the auxiliary sheet).
wherein the central absorbent portion, the first gasket portion, and the second gasket portion form a central canyon comprising a collection reservoir for the liquid containment (figure 15 and [0021], the through-hole surrounded by auxiliary sheet 71 and adhesive portion 73 forms a canyon configured to guide and collect the liquid discharge therein), wherein no portion of the central canyon extends higher than the second gasket portion;
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 Mizutani and provide the absorbent portion as claimed for the purpose of preventing discharged fluid from flowing in a lateral direction, thereby reducing the likelihood of body fluid leakage as taught by Mizutani ([0019]-[0021]).
The combination does not teach the disposable protective garment provided as a kit and the kit comprising 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 Mizutani, 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 Mizutani 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 14, Roe, as modified by Mizutani 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.
However, in an alternate embodiment of Mizutani (figures 1-2), Mizutani teaches wherein the second gasket portion comprises a pair of gaskets strips disposed longitudinally along the opposite sides (Mizutani; figure 1, pair of adhesive strips 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, as modified by Mizutani, to incorporate the teachings of Mizutani and substitutes the perimeter gasket with the pair of gasket strips as the modification would have been a simple substituting of known element with another to obtain predictable result (providing effective adhering and sealing means).
Regarding Claim 15, Roe, as modified by Mizutani 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 Mizutani 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 Mizutani 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 Mizutani 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 Mizutani 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 Mizutani 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 Mizutani 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 Mizutani 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 Mizutani and McCormick, to incorporate the teachings of McCormick and provide 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.
Claims 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Roe (US 20100179499 A1) in view of Mizutani et al (US 20050010185 A1) and McCormick (US 5884771 A), and in further view Wang (US 20140257228 A1).
Regarding Claim 20, Roe, as modified by Mizutani 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 Mizutani 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 Mizutani 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 Mizutani 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 Mizutani et al (US 20050010185 A1) and McCormick (US 5884771 A), and in further view of Thomas (US 20050098466 A1)
Regarding Claim 23, Roe, as modified by Mizutani 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 Mizutani 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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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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/S.H./Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781