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 01/23/2026. Claims 1, 40, and 57 have been amended, claim 25-26 have been canceled, and new claims 72-73 has been added. Currently, claims 1, 7-11, 23, 31-34, 40, 42, 46, 50, 57, 65, and 72-73 are pending, with claims 23 and 31-34 being withdrawn from consideration from the election without traverse filed on 10/15/2025,, and claims 1, 7-11, 40, 42, 50, 57, 65, 72, and 73 are being examined on the merits.
Response to Arguments
Applicant’s arguments with respect to claims 1, 40, 57, and 72-72 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. Notably, newly cited Swan-Gett (US 3772790) was utilized to teach the interconnect member having an aperture, and newly cited Study of moisture absorption characteristics of cotton terry towel fabrics (hereinafter Cruz) is utilized as extrinsic evidence for claim 73.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 73 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Newly added claim 73 discusses a hydrophilic material having a water absorption rate of at least 5 milliliters per minute per square centimeter. While the instant specification recites the absorbent material having an absorption rate, it is silent to the exact value of the water absorption rate of the hydrophilic material (which is distinct from the absorbent material). For the purpose of examination however, the examiner will assume there is support within the specification.
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 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Althabit (US 20180140380) in view of Foos (US 20160213448), and further in view of Swan-Gett (US 3772790).
Regarding claim 1, Althabit discloses an absorbent article comprising:
at least two absorbent pads (A and B) spaced apart from each other, each absorbent pad including an absorbent material configured to absorb a liquid (fig. 1, isolating pads A and B, paragraph 0010 describes each of them with a saliva absorbing layer) each absorbent pad further including an outer surface (fig. 1, each pad with an outer surface); and
an interconnect member joining the outer surfaces of the at least two absorbent pads (fig. 1, flexible tape C),
Althabit is silent to wherein the interconnect member is stretchable, and does not teach wherein the interconnect member comprises one or more through apertures configured to receive and surround at least one tooth.
However, Foos teaches a dental isolator (abstract) wherein an interconnect member (20) for two sides of an absorbent member (10) is elastomeric (fig. 3, retainment member 29 for absorbent member 20 as elastomeric, paragraph 001).
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 Althabit such that the interconnect member is stretchable, as taught by Foos, for the purpose of providing a suitable material that can better adapt to different physiology, and since Foos teaches that such a construction is known in the art as an effective interconnect member between two absorbent pads and/or two parts of an absorbent pad, and one of ordinary skill in the art would be able to make the modification and would have recognized that the results of the combination were predictable.
Althabit does not teach wherein the interconnect member comprises one or more through apertures configured to receive and surround at least one tooth.
However, Swan-Gett teaches a dental isolation dam (abstract) that has two sides with a cushion material (see annotated fig. 2 below), and an interconnect member (see annotated fig. 2 below) that comprises one or more through apertures configured to receive and surround at least one tooth (see annotated fig. 2 below).
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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 Althabit by modifying the interconnect member such that the interconnect member comprises one or more through apertures configured to receive and surround at least one tooth, as taught by Swan-Gett, for the purpose of providing a suitable structure that isolates a tooth and keep the area worked on dry, uncontaminated and exposed (see Swan-Gett, abstract).
Regarding claim 7, Althabit discloses wherein each absorbent pad further comprises:
a first layer made of a liquid permeable material (fig. 4, first layer 1 as a thin absorbing material, paragraph 0021);
a second layer (fig. 4, last layer 4 as cardboard); and
a third layer disposed between the first layer and the second layer, the third layer comprising the absorbent material (fig. 4, second layer 2 as a fast-absorbing material, paragraph 0021),
wherein the first layer and the second layer together define the outer surface (fig. 4, last layer 4 and first layer 1 form the outer surface), and wherein the third layer is enclosed by the first layer and the second layer (fig. 4, second layer 5 encompassed by first layer 1 and cardboard layer 4).
Regarding claim 8, Althabit discloses wherein each absorbent pad further comprises a seal formed between the first layer and the second layer (fig. 4, as the absorber 2 is enclosed between the two layers, layers 1 and 4 appear to be sealed together).
Regarding claim 9, Althabit discloses wherein the first layer is hydrophilic (paragraph 0021 describes first layer as absorbing material like cotton).
Claims 10, 40, 42, and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Althabit in view of Foos and Swan-Gett, and further in view of Jacobs (US 20190209389).
Regarding claim 10, Althabit is silent to wherein the second layer is made of a liquid permeable material.
However, Jacobs teaches an absorbent article (abstract) wherein the second layer, made from the same material as the first layer, is made of a liquid permeable material (paragraph 0036 describing the envelope having a net-like form, and paragraph 0054 describes the polymeric material being absorbent structures such as cotton)
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 Althabit such that the second layer is made of a liquid permeable material, as taught by Jacobs, since Parke discloses that such a construction is known in the art as an effective form of absorbent pad, and one of ordinary skill in the art would be able to make the modification and would have recognized that the results of the combination were predictable.
Regarding claim 40, Althabit discloses an absorbent article (abstract), the absorbent article comprising:
at least two absorbent pads (A and B) spaced apart from each other, each absorbent pad including an absorbent material configured to absorb a liquid (fig. 1, isolating pads A and B, paragraph 0010 describes each of them with a saliva absorbing layer), each absorbent pad further including an outer surface (fig. 1, each pad with an outer surface)
Althabit does not teach a plurality of absorbent articles, wherein the interconnect member is stretchable and at least one line of weakness, wherein the at least one line of weakness joins two adjacent absorbent articles of the plurality of absorbent articles.
However, Foos teaches a dental isolator (abstract) wherein an interconnect member (20) for two sides of an absorbent member (10) is elastomeric (fig. 3, retainment member 29 fir absorbent member 20 as elastomeric, paragraph 001).
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 Althabit such that the interconnect member is stretchable, as taught by Foos, for the purpose of providing a suitable material that can better adapt to different physiology, and since Foos teaches that such a construction is known in the art as an effective interconnect member between two absorbent pads and/or two parts of an absorbent pad, and one of ordinary skill in the art would be able to make the modification and would have recognized that the results of the combination were predictable.
Althabit does not teach a plurality of absorbent articles, wherein the device includes at least one line of weakness, wherein the at least one line of weakness joins two adjacent absorbent articles of the plurality of absorbent articles.
However, Jacobs teaches a unit for hemostasis (abstract) that includes a line of weakness between two adjacent absorbent articles of a plurality of absorbent articles (fig. 6A, predetermined breaking point 45 between two units 1 with absorbent material, paragraph 104)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed in Althabit such that the system a plurality of absorbent articles, wherein the device includes at least one line of weakness, wherein the at least one line of weakness joins two adjacent absorbent articles of the plurality of absorbent articles, as taught by Osborn, for the purpose of providing a suitable structure allows for simple and rapid handling of multiple articles in a given procedure, or to allow for easy access to a single article (see Jacobs, paragraph 104).
Althabit does not teach wherein the interconnect member comprises one or more through apertures configured to receive and surround at least one tooth.
However, Swan-Gett teaches a dental isolation dam (abstract) that has two sides with a cushion material (see annotated fig. 2 below), and an interconnect member (see annotated fig. 2 below) that comprises one or more through apertures configured to receive and surround at least one tooth (see annotated fig. 2 below).
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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 Althabit by modifying the interconnect member such that the interconnect member comprises one or more through apertures configured to receive and surround at least one tooth, as taught by Swan-Gett, for the purpose of providing a suitable structure that isolates a tooth and keep the area worked on dry, uncontaminated and exposed (see Swan-Gett, abstract).
Regarding claim 42, Althabit does not teach wherein the at least one line of weakness joins the at least two absorbent pads and the interconnect member of one absorbent article to the at least two absorbent pads and the interconnect member of an adjacent absorbent article.
However, Jacobs teaches wherein the at least one line of weakness joins the absorbent pad of one article to an adjacent absorbent pad of an adjacent absorbent article (fig. 6A, breaking point 4 connects two units 1). Althabit already teaches wherein the absorbent articles comprise two absorbent pads and an interconnect member, so one of ordinary skill in the art would appreciate that the teaching of Jacobs to connect two adjacent absorbent articles together would have the two absorbent pads and the interconnect member of one absorbent article connect to two absorbent pads and interconnect member of an adjacent absorbent article.
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 Althabit such that the at least one line of weakness joins the at least two absorbent pads and the interconnect member of one absorbent article to the at least two absorbent pads and the interconnect member of an adjacent absorbent article, as taught by Jacobs, for the purpose of providing a suitable structure allows for simple and rapid handling of multiple articles in a given procedure, or to allow for easy access to a single article (see Jacobs, paragraph 104).
Regarding claim 50, Althabit discloses wherein each absorbent pad further comprises:
a first layer made of a liquid permeable material (fig. 4, first layer 1 as a thin absorbing material, paragraph 0021);
a second layer (fig. 4, last layer 4 as cardboard); and
a third layer disposed between the first layer and the second layer, the third layer comprising the absorbent material (fig. 4, second layer 2 as a fast-absorbing material, paragraph 0021)
wherein the first layer and the second layer together define the outer surface (fig. 4, last layer 4 and first layer 1 form the outer surface), and wherein the third layer is enclosed by the first layer and the second layer (fig. 4, second layer 5 encompassed by first layer 1 and cardboard layer 4).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Althabit in view of Foos and Swan-Gett, and further in view of Parke (US 20180250173).
Regarding claim 11, Althabit is silent to wherein the second layer is made of a liquid impermeable material.
However, Parke teaches a dental absorbent pad (abstract) that has a permeable outer layer and a moisture impermeable second outer layer (paragraph 0005).
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 Althabit such that the second layer is made of a liquid impermeable material, in addition to the liquid permeable material of the first layer recited in claim 1, as taught by Parke, since Parke discloses that such a construction is known in the art as the most effective form of absorbent pad, and one of ordinary skill in the art would be able to make the modification and would have recognized that the results of the combination were predictable.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Althabit in view of Foos, Swan-Gett and Jacobs, and further in view of Schaack (US 3734081).
Regarding claim 46, Althabit, as modified by Foos, is silent to wherein the interconnect member is made of a liquid impermeable material.
However, Foos teaches wherein the interconnect member is a dental floss (paragraph 0019), and Schaack teaches a floss (abstract) that is impermeable to saliva and liquids (col. 2, lines 1-13).
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 Althabit in view of Foos such that the interconnect member is made of a liquid impermeable material, as taught by Schaack, for the purpose of providing a suitable material that has the interconnect member not chemically altered by the patient’s saliva (see Schaack, col. 2, lines 1-13), thus ensuring structurally integrity to the interconnect member while in use.
Claims 57, 65, and 72-73 are rejected under 35 U.S.C. 103 as being unpatentable over Althabit in view of Osborn (WO 9926576), and further in view of Foos and Swan-Gett. Study of moisture absorption characteristics of cotton terry towel fabrics (hereinafter Cruz) is utilized as extrinsic evidence for claim 73
Regarding claim 57, Althabit discloses a dispensing system comprising:
an absorbent system, the absorbent system comprising:
at least two absorbent pads (A and B) spaced apart from each other, each absorbent pad including an absorbent material configured to absorb a liquid (fig. 1, isolating pads A and B, paragraph 0010 describes each of them with a saliva absorbing layer), each absorbent pad further including an outer surface (fig. 1, each pad with an outer surface); and
an interconnect member joining the outer surfaces of the at least two absorbent pads (fig. 1, flexible tape C)
Althabit is silent to wherein the interconnect member is stretchable, and fails to teach the system comprising a plurality of absorbent pads, wherein the system further comprises at least one line of weakness, wherein the at least one line of weakness joins two adjacent absorbent articles of the plurality of absorbent articles, and a dispenser, wherein the dispenser at least partially receives the absorbent system therein, such that at least one absorbent article of the plurality of absorbent articles at least partially extends outwardly from the dispenser.
However, Osborn teaches a dispenser for a plurality of absorbent articles (abstract) that teaches a line of weakness joining between two adjacent absorbent articles (abstract, “The packages are joined together by a frangible connection located in between seals that provides a line of weakness, that when broken, separates the packages into individual packages of absorbent interlabial products”, see perforations 82 in fig. 7), and a dispenser (70) that receives the absorbent system such that at least one absorbent article of the plurality of absorbent articles (80) at least partially extends outwardly from the dispenser (fig. 5, interlabial devices 80 extending out of case 70). The packaging in Osborn is considered to also be a part of the absorbent article.
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 system disclosed in Althabit such that it includes at least one line of weakness, wherein the at least one line of weakness joins two adjacent absorbent articles of the plurality of absorbent articles, and a dispenser, wherein the dispenser at least partially receives the absorbent system therein, such that at least one absorbent article of the plurality of absorbent articles at least partially extends outwardly from the dispenser, as taught by Osborn, for the purpose of providing a suitable structure that allows for ease of use and convenience of transporting and dispensing more than one absorbent article (see Osborn, abstract).
Althabit is silent to wherein the interconnect member is stretchable.
However, Foos teaches a dental isolator (abstract) wherein an interconnect member (20) for two sides of an absorbent member (10) is elastomeric (fig. 3, retainment member 29 fir absorbent member 20 as elastomeric, paragraph 001).
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 Althabit such that the interconnect member is stretchable, as taught by Foos, for the purpose of providing a suitable material that can better adapt to different physiology, and since Foos teaches that such a construction is known in the art as an effective interconnect member between two absorbent pads and/or two parts of an absorbent pad, and one of ordinary skill in the art would be able to make the modification and would have recognized that the results of the combination were predictable.
Althabit does not teach wherein the interconnect member comprises one or more through apertures configured to receive and surround at least one tooth.
However, Swan-Gett teaches a dental isolation dam (abstract) that has two sides with a cushion material (see annotated fig. 2 below), and an interconnect member (see annotated fig. 2 below) that comprises one or more through apertures configured to receive and surround at least one tooth (see annotated fig. 2 below).
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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 Althabit by modifying the interconnect member such that the interconnect member comprises one or more through apertures configured to receive and surround at least one tooth, as taught by Swan-Gett, for the purpose of providing a suitable structure that isolates a tooth and keep the area worked on dry, uncontaminated and exposed (see Swan-Gett, abstract).
Regarding claim 65, Althabit discloses wherein each absorbent pad further comprises:
a first layer made of a liquid permeable material (fig. 4, first layer 1 as a thin absorbing material, paragraph 0021);
a second layer (fig. 4, last layer 4 as cardboard); and
a third layer disposed between the first layer and the second layer, the third layer comprising the absorbent material (fig. 4, second layer 2 as a fast-absorbing material, paragraph 0021)
wherein the first layer and the second layer together define the outer surface (fig. 4, last layer 4 and first layer 1 form the outer surface), and wherein the third layer is enclosed by the first layer and the second layer (fig. 4, second layer 5 encompassed by first layer 1 and cardboard layer 4).
Regarding claim 72, Althabit, as modified by Swan-Gett, discloses wherein the at least two absorbent pads are disposed on opposite sides of the one or more through apertures of the interconnect member (Althabit previously described the pads as being absorbent pads, and Swan-Gett teaches the two cushions being on opposite sides of the aperture in fig. 2)
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 Althabit such that the at least two absorbent pads are disposed on opposite sides of the one or more through apertures of the interconnect member, as taught by Swan-Gett, for the purpose of providing a suitable structure that isolates a tooth and keep the area worked on dry, uncontaminated and exposed (see Swan-Gett, abstract).
Regarding claim 73, Althabit discloses wherein the first layer is positioned to directly contact oral tissue when the absorbent article is in place (paragraph 0021 describes first layer 1 facing mouth tissue, and fig. 6 shows contact with mouth tissue), and wherein the first layer comprises a hydrophilic material having a water absorption rate (paragraph 0021 describes first layer being cotton), but is silent to wherein the water absorption rate is at least 5 milliliters per minute per square centimeter.
However, Cruz suggests that the absorption and absorption rate of cotton absorbent material, such as a terry towel, is dependent on multiple factors including yarn type, yarn twist, pile height, and warp-weft density. As such, 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 Althabit such that the first layer has a water absorption rate of at least 5 milliliters per minute per square centimeter, as Cruz describes the parameter as a result-effective variable that can be modified based on the way a fabric is processed, and it has been held that discovering an optimum value for a result effective variable involves only routine skill in the art. See MPEP 2144.05(II).
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 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, Rebecca Eisenberg can be reached at 5712705879. 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
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781