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 .
Response to Amendment
An amendment was filed on 07/08/2025. Claims 43-52 have been amended, claims 53-62 have been canceled, and new claims 63-66 have been added. Currently, claims 43-52 and 63-66 are pending and are being examined on the merits.
Response to Arguments
Applicant's arguments filed 03/27/2025 have been fully considered but they are not persuasive.
In response to the applicant’s argument with respect to claim 43, wherein Nylon is indeed elastic in some products, but is essentially inelastic in other products, such that Price does not teach an elastic string, and that elasticity is undesirable in a removal string, the examiner notes that because the elasticity is amended to be more specific, amended claim 43 necessitated new grounds of rejection in view of newly cited Passos (WO 0054714).
However, while the applicant argues that the elasticity may reduce control and may snap back and hurt the user, this appears to be conjecture without the prior art of record suggesting a substantial teaching away from utilizing elastic, especially if the prior art of record teaches the use of an elastic.
Further, in response to the applicant’s argument that rubbing underwear would move the elastic string, and could undesirably place the string with soiled areas of the user’s body, this also appears to be conjecture without Kim substantially teaching away from using elastic material.
In response to the applicant’s arguments that claim 43 now specifies that the straightened form is a longest state that the string can reach while being pulled into an elastic expanded state but without pulling the tampon itself from its position in a user, the examiner now utilizes the newly cited Passos to overcome the newly added limitation
In response to the applicant’s arguments that claims 63 and 65 now quantifies the expansion to be at least 21.25%, the examiner notes that newly cited Passos teaches an elastic tampon withdrawal string with an extensibility of at least 25% which would teach the new limitation.
In response to the applicant’s arguments that the remaining claims are allowable based on being dependent on the independent claims, the allowability of the independent claims has been addressed above.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 48-51, 63, and 65 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Passos (WO 0054714).
Regarding claim 48, Passos discloses the device of claim 63 described below, wherein a free end of said tampon- withdrawal string is reachable to a user when the tampon is in said inserted position (fig. 1, cord 5 is capable of being reached while the absorbent body 3 is inserted).
Regarding claim 49, Passos discloses the device of claim 63 described below, wherein in said straightened form, said tampon-withdrawal-string extends to a maximum length of DS when pulling said tampon-withdrawal-string with a force FP1 < FS, without pulling the tampon from the inserted position (fig. 1, cord 5 has a maximum length, and can be pulled at a certain tension that has the absorbent body 3 still not leave the body), and wherein when pulling said tampon-withdrawal-string with a force FP2 > FS, at some point the tampon is being pulled-out of the vaginal opening (fig. 1, a tension in cord 5 can be increased to then take the absorbent body 3 out of the body).
Regarding claim 50, Passos discloses the device of claim 63 described below, wherein said tampon-withdrawal- string is arranged in a one-dimensional (1D) form or a two-dimensional (2D) form or a three-dimensional (3D) form (fig. 1 shows connecting cord 5 as a 1D string) NOTE: while a string is inherently a 3D structure and cannot be a 2D or 1D structure, the examiner is interpreting this limitation as 1D being linear, 2D being a flat shape such as a square or oval, and 3D being a shape that extends past the plane of a shape such as a coil.
Regarding claim 51, Passos discloses the device of claim 63 described below, wherein said tampon-withdrawal- string comprises one or more of: a. elastic materials; b. non-elastic materials (pg. 4, lines 8-9, describing material including polypropylene, polyester, nylon, or mixtures thereof. Since each of the materials involved either allow for an elastic or non-elastic extensibility, see pg. 5, lines 1-4, a mixture of the materials would have the string comprise elastic materials and non-elastic materials).
Regarding claim 63, Passos discloses a tampon apparatus comprising:
a tampon having a distal, insertion end and a proximal end (fig. 1, absorbent body 3 with proximal and distal end), and
an elastic tampon-withdrawal-string (fig. 1, cord 5 is elastic, pg. 2, lines 20-27)
wherein the elastic tampon-withdrawal-string has a rest state, which is a compact form of said tampon-withdrawal-string (fig. 1, cord 5 has a rest state), and a straightened form, which is a longest state that the tampon-withdrawal string can reach without pulling the tampon itself (pg. 5, lines 1-4 describe an extensibility of the elastic cord, such that it can stretch before tension is applied to the tampon), the tampon-withdrawal string being configured to return to the rest state after being released from the straightened form (an definitive property in elastic materials), and
wherein the length of the elastic tampon-withdrawal-string in its straightened form is at least 21.25% greater than its length in its rest state (pg. 5, lines 1-4 describe the core being stretchable to higher than 25% of its initial length).
Regarding claim 65, Passos discloses a tampon apparatus comprising:
a tampon having a distal, insertion end and a proximal end (fig. 1, absorbent body 3 with proximal and distal end), and
an elastic tampon-withdrawal-string (fig. 1, cord 5 is elastic, pg. 2, lines 20-27)
wherein the elastic tampon-withdrawal-string has a rest state, which is a compact form of said tampon-withdrawal-string (fig. 1, cord 5 has a rest state), and a straightened form, which is a longest state that the tampon-withdrawal string can reach while being pulled into an elastic expanded state but without pulling the tampon itself from its position in a user (pg. 5, lines 1-4 describe an extensibility of the elastic cord, such that it can stretch before tension is applied to the tampon), the tampon-withdrawal string being configured to return to the rest state after being released from the straightened form (an definitive property in elastic materials), and
wherein the length of the elastic tampon-withdrawal-string in its straightened form is at least 21.25% greater than its length in its rest state (pg. 5, lines 1-4 describe the core being stretchable to higher than 25% of its initial length).
Claim Rejections - 35 USC § 103
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 43-47, 64, and 66 are rejected under 35 U.S.C. 103 as being unpatentable over Passos (WO 0054714) in view of Kim (KR 20170114666). Citations for Kim will refer to the translation submitted by Applicant on 10/12/2023.
Regarding claim 43, Passos discloses a tampon apparatus (abstract) including a tampon (fig. 1, absorbent body 3) having a distal insertion end and a proximal end (fig. 1, absorbent body 3 has distal end and proximal end), and
an elastic tampon-withdrawal-string (fig. 1, cord 5 is elastic, pg. 2, lines 20-27)
wherein said tampon-withdrawal-string has a rest state, which is a compact form of said tampon-withdrawal-string (fig. 1, cord 5 has a rest state), and a straightened form, which is a longest state that said tampon-withdrawal-string can reach while being pulled into an elastic expanded state but without pulling the tampon itself from its position in a user (pg. 5, lines 1-4 describe an extensibility of the elastic cord, such that it can stretch before tension is applied to the tampon), said tampon-withdrawal-string being configured to return to said rest state after being released from said straightened form (an definitive property in elastic materials).
Passos is silent to wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon-withdrawal-string has dimensions that keep the tampon-withdrawal-string away from reaching the anus of the user in said tampon apparatus.
However, Kim teaches a tampon apparatus (abstract) wherein, while the tampon is in an inserted position and said tampon- withdrawal-string is in said rest state, said tampon-withdrawal-string has dimensions that keep the tampon-withdrawal-string away from the anus of a user using said tampon apparatus (The connecting member 30 may be 5-20 cm, paragraph 0029, and fixing member 20 can position the string to be away from the anus of a user, paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Passos such that while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon-withdrawal-string has dimensions that keep the tampon-withdrawal-string away from reaching the anus of the user in said tampon apparatus, as taught by Kim, for the purpose of providing a suitable structure that can allow the string not to get wet from the toilet when the user goes to the bathroom (see Kim, paragraph 0035 of translation).
Regarding claim 44, Passos is silent to wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string is kept away from a urethral opening of a user using said tampon apparatus.
However, Kim teaches wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon withdrawal-string is kept away from a urethral opening of a user using said tampon apparatus (The connecting member 30 may be 5-20 cm, paragraph 0029, and fixing member 20 can position the string to be away from the urethral opening of the user, paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Passos such that wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string is kept away from a urethral opening of a user using said tampon apparatus, as taught by Kim, for the purpose of providing a suitable structure that can allow the string not to get wet from the toilet when the user goes to the bathroom (see Kim, paragraph 0035 of translation).
Regarding claim 45, Passos is silent to wherein while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon-withdrawal-string is kept away from pee exiting a urethral opening of a user using said tampon apparatus.
However, Kim teaches wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string is kept away from pee exiting a urethral opening of a user using said tampon apparatus (The connecting member 30 may be 5-20 cm, paragraph 0029, and fixing member 20 can position the string to be away from pee from the urethral opening of the user, paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Passos such that while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon-withdrawal-string is kept away from pee exiting a urethral opening of a user using said tampon apparatus, as taught by Kim, for the purpose of providing a suitable structure that can allow the string not to get wet from the toilet when the user goes to the bathroom (see Kim, paragraph 0035 of translation).
Regarding claim 46, Passos is silent to wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string is kept away from feces exiting said anus.
However, Kim teaches wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string is kept away from feces exiting said anus (The connecting member 30 may be 5-20 cm, paragraph 0029, and fixing member 20 can position the string to be away from the feces from the anus of the user, paragraph 0035.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Passos such that, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string is kept away from feces exiting said anus, as taught by Kim, for the purpose of providing a suitable structure that can allow the string not to get wet from the toilet when the user goes to the bathroom (see Kim, paragraph 0035 of translation).
Regarding claim 47, Passos is silent to wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string has dimensions that keep the tampon-withdrawal-string adjacent to a user body and thereby hidden from potential observers.
However, Kim teaches wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string has dimensions that keep the tampon-withdrawal-string adjacent to a user body and thereby hidden from potential observers (The connecting member 30 may be 5-20 cm, paragraph 0029, and fixing member 20 can position the string to be a desired distance away from the user, paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Passos such that while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon- withdrawal-string has dimensions that keep the tampon-withdrawal-string adjacent to a user body and thereby hidden from potential observers, as taught by Kim, for the purpose of providing a suitable structure that can allow the string not to get wet from the toilet when the user goes to the bathroom (see Kim, paragraph 0035 of translation).
Regarding claim 64, Passos is silent to wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon-withdrawal-string has dimensions that keep the tampon-withdrawal-string away from reaching the anus of the user using said tampon apparatus.
However, Kim teaches that the connecting member may be from 5-20 cm (paragraph 0029). Moreover, Mendiola et al. discusses that the anogenital distances AGDAC and AGDAF (the distances between the anterior clitoral surface and the anus and between the posterior fourchette and the anus, respectively) were in the mean of 82.6 mm and 39.4 mm, respectively (pg. 3, start of “Results”), with larger ends for those values at around 120 mm and 50 mm, respectively (see figure 2, graphs b and a respectively). One of ordinary skill in the art would appreciate that the location of the proximal end of the tampon apparatus would be in between the AGDAC and AGDAF. Thus, one of ordinary skill in the art would appreciate that a string 5 cm long (or 50 cm) would likely serve the structure of being shorter than the distance between the proximal end of the tampon and the anus of the user. Further, one of ordinary skill in the art, seeing the objective of Kim to keep the string away from interfering with using the toilet, would have found it obvious to use a string 5 cm long (i.e., in the lower range of the possible length).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Passos such that while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon-withdrawal-string has dimensions that keep the tampon-withdrawal-string away from reaching the anus of the user using said tampon apparatus, as taught by Kim, for the purpose of providing a suitable structure that can allow the string not to get wet from the toilet when the user goes to the bathroom (see Kim, paragraph 0035 of translation).
Regarding claim 66, Passos is silent to wherein, while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon-withdrawal-string has dimensions that keep the tampon-withdrawal-string away from reaching the anus of the user using said tampon apparatus.
However, Kim teaches that the connecting member may be from 5-20 cm (paragraph 0029). Moreover, Mendiola et al. discusses that the anogenital distances AGDAC and AGDAF (the distances between the anterior clitoral surface and the anus and between the posterior fourchette and the anus, respectively) were in the mean of 82.6 mm and 39.4 mm, respectively (pg. 3, start of “Results”), with larger ends for those values at around 120 mm and 50 mm, respectively (see figure 2, graphs b and a respectively). One of ordinary skill in the art would appreciate that the location of the proximal end of the tampon apparatus would be in between the AGDAC and AGDAF. Thus, one of ordinary skill in the art would appreciate that a string 5 cm long (or 50 cm) would likely serve the structure of being shorter than the distance between the proximal end of the tampon and the anus of the user. Further, one of ordinary skill in the art, seeing the objective of Kim to keep the string away from interfering with using the toilet, would have found it obvious to use a string 5 cm long (i.e., in the lower range of the possible length).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Passos such that while the tampon is in an inserted position and said tampon-withdrawal-string is in said rest state, said tampon-withdrawal-string has dimensions that keep the tampon-withdrawal-string away from reaching the anus of the user using said tampon apparatus, as taught by Kim, for the purpose of providing a suitable structure that can allow the string not to get wet from the toilet when the user goes to the bathroom (see Kim, paragraph 0035 of translation).
Claim 52 is rejected under 35 U.S.C. 103 as being unpatentable over Passos in view of Kim, and further in view of Pauley (US 6595974).
Regarding claim 52, Passos, as modified by Kim, is silent to wherein elasticity of said tampon- withdrawal-string is formed by applying manufacturing methods selected from the group of methods including: a. twisting yarn; b. knitted yarn; c. knitting the yarn in a compact and elastic form with memory like a spiral shape, a zigzag, or as a skein; d. shaping the yarn in a compact form and applying different types of coating to the yarn; e. using one or more elastic threads, possibly wrapped by one or more non- elastic threads; f. using one or more elastic threads, possibly twisted with one or more non- elastic materials; g. using one or more elastomeric thread as a core, wherein said core is wrapped with a non-elastic textile fiber; and h. producing the yarn using the pneumatic looping technique.
However, the examiner recognizes claim 52 as a “product-by-process claim”. Even through product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process (see MPEP 2113). In this instance, Pauley teaches a tampon (abstract) wherein removal strings formed by twisting or knitting is well known in the art (col. 6, lines 4-10), following options a and b. Moreover, because the string in Passos is at least somewhat elastic, it would have the expected result of having the elasticity formed through twisting/knitting. If this is not clearly envisioned by the applicant however, Pauley also teaches that the removal string may be made of nylon, and such would necessarily be elastic (col. 5, lines 64-67, col. 6, lines 1-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Kim in view of Price such that the elasticity of the tampon-withdrawal-string is formed by applying the manufacturing method of twisting/knitting yarn, as suggested by Pauley, for the purpose of providing a suitable manufacturing method that is well known in the art (see Pauley col. 6, lines 4-10).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON W LEVY whose telephone number is (571)272-7582. The examiner can normally be reached M-F 7:30AM- 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Weiss can be reached on (571) 270-1775. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Brandon W. Levy/Examiner, Art Unit 3781
/PHILIP R WIEST/ Primary Examiner, Art Unit 3781
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