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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 13, 2026 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-5, 11, 13-14, 18 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Siriwardena (US 2021/0282469).
With reference to claim 1, Siriwardena discloses a garment [abstract] comprising:
a main body including:
a front portion extending from a laterally leftmost side of the garment to a laterally rightmost side of the garment (see annotated figure 1 below),
a back portion extending from the laterally leftmost side of the garment to the laterally rightmost side of the garment (see annotated figure 2 below) and connected to the front portion at the laterally leftmost and rightmost sides of the garment respectively, (see figures 1-5), and
a gusset connecting a lower end of the front portion to a lower end of the back portion (figures 1-5),
wherein the gusset has left and right lateral edges partially defining respective left and right leg openings of the main body as shown in the figures, see especially figures 3 and 5.
Siriwardena discloses multiple layers (114,116,118,120,122,124,126,128) that may include any suitable material (e.g., fabric, natural yarn, synthetic yarn, cotton, silk, polyester, spandex, rubber, plastic, metal, merino wool, nylon, polypropylene, rayon, linen, spandex, bamboo, GORE-TEX, X-STATIC, tencel) as set forth in [0035].
As such, Siriwardena is considered to disclose an absorbent material (i.e., cotton) coupled to an inner face of the main body at least at the gusset (120);
a waterproof (i.e., plastic) material (124) sandwiched between the main body (126) and the absorbent material (120);
left and right elastic [i.e., rubber] bands (128) folded around and coupled to [0039-0040] respective left and right lateral edges of the absorbent material (figures 8 and 9);
wherein the left and right elastic bands are bonded to the waterproof material [0039-0040];
wherein the waterproof material is attached to the main body proximate the respective left and right lateral edges of the gusset (i.e., via stitching 112) as shown in figure 8; and
wherein the waterproof material (124) is attached to the main body ( represented in part as seventh layer (126) where Siriwardena discloses that the seventh layer is the outermost layer in [0005] between respective bottom halves of each of the left and right elastic bands and the inner face of the main body as shown in figure 8.
As previously noted, Siriwardena discloses that the multiple layers may include any suitable material.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the individual layers with the desired material because Siriwardena discloses that any of the multiple layers may include any of the suitable materials as set forth in [0035].
Additionally, it is noted that while Siriwardena discloses the seventh layer is the outermost layer in [0005], it is not explicitly clear if the element 126 is the outermost layer of the gusset only or if it is the outermost layer of the entire garment.
Nevertheless, it would have also been obvious to one of ordinary skill in the art at the time of the invention to provide the outermost layer (126) as a portion of the main body because Siriwardena discloses that any and/or all disclosed elements can be formed from a same, structurally continuous piece, such as being unitary as set forth in [0027].
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With reference to claims 3, 13 and 18, Siriwardena discloses a garment wherein the left and right elastic bands are bonded to the absorbent material [0039-0040] where the left and right elastic bands overlap the respective left and right lateral edges of the absorbent material as shown in figures 8-9.
Regarding claim 4, Siriwardena discloses a garment further comprising a liner material (118) coupled to the absorbent material [0039-0040] such that the absorbent material (120) is sandwiched between the liner material (118) and the waterproof material (124) and shown in figure 8.
With respect to claims 5 and 14, Siriwardena discloses a garment wherein the left and right elastic bands are folded around respective left and right lateral edges of each of the liner material and the absorbent material (figures 8-9); and
wherein the left and right elastic bands are bonded to the liner material and the absorbent material where the left and right elastic bands overlap the respective left and right lateral edges of each of the liner material and the absorbent material as set forth in [0038-0040] and as shown in figures 8.
With reference to claim 11, Siriwardena a method for manufacturing an absorbent garment [abstract], the method comprising:
providing a main body including:
a front portion extending from a laterally leftmost side of the garment to a laterally rightmost side of the garment (see annotated figure 1 below),
a back portion extending from the laterally leftmost side of the garment to the laterally rightmost side of the garment (see annotated figure 2 below) and connected to the front portion at the laterally leftmost and rightmost sides of the garment respectively, (see figures 1-5), and
a gusset connecting a lower end of the front portion to a lower end of the back portion (figures 1-5),
wherein the gusset has left and right lateral edges partially defining respective left and right leg openings of the main body as shown in the figures, see especially figures 3 and 5.
Siriwardena discloses multiple layers (114,116,118,120,122,124,126,128) that may include any suitable material (e.g., fabric, natural yarn, synthetic yarn, cotton, silk, polyester, spandex, rubber, plastic, metal, merino wool, nylon, polypropylene, rayon, linen, spandex, bamboo, GORE-TEX, X-STATIC, tencel) as set forth in [0035].
As such, Siriwardena is considered to disclose an absorbent (i.e., cotton) material (120) sized and shaped to fit on the gusset and having left and right lateral edges configured to extend alongside the respective left and right lateral edges of the gusset (figure 3);
folding left and right elastic [i.e., rubber] bands (128) around respective left and right lateral edges of the absorbent material (figures 8 and 9);
attaching the left and right elastic bands along the respective left and right lateral edges of the absorbent material [0039-0040];
providing a waterproof (i.e., plastic) material (124) sized and shaped to fit on the gusset and having left and right lateral edges configured to extend alongside the respective left and right lateral edges of the gusset (see figures);
attaching left and right lateral edges of the waterproof material to the main body proximate the respective left and right lateral edges of the gusset (i.e., via stitching 112) and placing the attached absorbent material and left and right elastic bands on the gusset over the waterproof material and attaching the left and right elastic bands to the waterproof material such that the waterproof material is sandwiched between the absorbent material and the main body (figure 8);
wherein the waterproof material (124) is attached to the main body ( represented in part as seventh layer (126) where Siriwardena discloses that the seventh layer is the outermost layer in [0005] between respective bottom halves of each of the left and right elastic bands and the inner face of the main body as shown in figure 8.
As previously noted, Siriwardena discloses that the multiple layers may include any suitable material.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the individual layers with the desired material because Siriwardena discloses that any of the multiple layers may include any of the suitable materials as set forth in [0035].
Additionally, it is noted that while Siriwardena discloses the seventh layer is the outermost layer in [0005], it is not explicitly clear if the element 126 is the outermost layer of the gusset only or if it is the outermost layer of the entire garment.
Nevertheless, it would have also been obvious to one of ordinary skill in the art at the time of the invention to provide the outermost layer (126) as a portion of the main body because Siriwardena discloses that any and/or all disclosed elements can be formed from a same, structurally continuous piece, such as being unitary as set forth in [0027].
As to claim 20, Siriwardena discloses a method further comprising: providing a liner material (118) sized and shaped to fit on the gusset and having left and right lateral edges configured to extend alongside the respective left and right lateral edges of the gusset (see figures);
attaching the left and right elastic bands (128) along the respective left and right lateral edges of each of the absorbent material and the liner material (figure 8); and placing the attached liner material, absorbent material, and left and right elastic bands on the gusset over the waterproof material (126) and attaching the left and right elastic bands to the waterproof material such that the absorbent material is sandwiched between the liner material and the waterproof material as shown in figure 8.
Regarding claim 21, Siriwardena teaches the invention substantially as claimed as set forth in the rejection of claim 1.
Siriwardena provides a waterproof material bonded to each of the left and right elastic bands as claimed as shown in figure 8. Siriwardena also provides a waterproof material that extends outwardly beyond the elastic bands to provide free edges that are attached to the main body via stitching (112) as shown in figure 8.
The difference between Siriwardena and claim 21 is the explicit recitation that the waterproof material is bonded via bonding film at laterally outer edges.
It would have been obvious to one of ordinary skill in the art at the time of the invention to bond the waterproof material at laterally outer edges in order to support the stability of the article. Additionally, the use of bonding film as opposed to other bonding methods disclosed by Siriwardena is considered to be a substitution within the level of ordinary skill in the art.
Claims 6-7, 9-10, 15, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Siriwardena (US 2021/0282469) and further in view of Kajanthan et al. (US 2021/0030605).
With reference to claim 6, Siriwardena teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Siriwardena and claim 6 is the provision that the left and right lateral edges of a material of the main body are folded over toward the inner face of the main body at the gusset to define the left and right lateral edges of the gusset; and wherein left and right lateral edges of the waterproof material are attached to the respective left and right lateral edges of the main body material via elastic bands.
Kajanthan teaches an analogous garment wherein the left and right lateral edges of a material of the main body are folded over toward the inner face of the main body at the gusset to define the left and right lateral edges of the gusset (figures 1-2); and wherein left and right lateral edges of the waterproof material are attached to the respective left and right lateral edges of the main body material via elastic bands (110, 112) as shown in figures 1-2.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the garment of Siriwardena with the attached main body material as taught by Kajanthan in order to provide a more seamless garment that allows for enhanced protection from leakage as taught by Kajanthan in [0073].
As to claims 7, 15 and 19, Siriwardena teaches the invention substantially as claimed as set forth in the rejection of claims 1 and 6.
The difference between Siriwardena is the provision that the material is attached via stitching.
Kajanthan teaches an analogous garment wherein the left and right lateral edges of the waterproof material are attached to the respective left and right lateral edges of the main body material by stitching as set forth in [0069].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the garment of Siriwardena with the attached main body material as taught by Kajanthan in order to provide a more seamless garment that allows for enhanced protection from leakage as taught by Kajanthan in [0073].
With reference to claims 9 and 17, Siriwardena teaches the invention substantially as claimed as set forth in the rejection of claims 1 and 6.
The difference between Siriwardena and claims 9 and 17 is the provision that the main body material is bonded to itself where the left and right lateral edges of the main body material are folded over, and the main body is substantially seamless on an outer face thereof at least at the gusset
Kajanthan teaches an analogous garment wherein the main body material is bonded to itself where the left and right lateral edges of the main body material are folded over, and the main body is substantially seamless on an outer face thereof at least at the gusset (i.e., utilizing the bag out method) as set forth in [0067-0068].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the garment of Siriwardena with the attached main body material as taught by Kajanthan in order to provide a more seamless garment that allows for enhanced protection from leakage as taught by Kajanthan in [0073].
As to claim 10, Siriwardena teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Siriwardena and claim 10 is the provision that the waterproof material comprises a fabric bonded to a waterproof membrane.
Kajanthan teaches an analogous garment wherein the waterproof material comprises a fabric bonded to a waterproof membrane as set forth in [0041-0043].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the garment of Siriwardena with the waterproof material as taught by Kajanthan in order to provide a less bulky waterproof material that enhances leakage protection as taught by Kajanthan in [0004-0005] and in [0041].
Allowable Subject Matter
Claims 8 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-11 and 13-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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/MICHELE KIDWELL/ Primary Examiner, Art Unit 3781