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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the postpartum garment apparatus" in line 28. There is insufficient antecedent basis for this limitation in the claim.
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 1-3 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Dumpson et al. (US 2009/0254017).
Dumpson et al. (hereinafter “Dumpson”) discloses a postpartum undergarment [0042-0043] apparatus comprising: a hip portion having a tubular shape and being configured for being worn around a hip of a user (see annotated figure 1);
an absorbent member (30) being coupled to and positioned at a bottom side of the hip portion, the absorbent member comprising an absorbent material (i.e., nylon) configured for absorbing vaginal blood [0039]; and
a waistband (23) being coupled to a top end of the hip portion (figure 1), the waistband being resiliently stretchable [0030], the waistband being configured for being stretched around a torso of the user such that a compression force is exerted by the waistband on the torso [0033], the waistband being configured for being positioned over a fundus of a uterus of the user such that the compression force is exerted onto the fundus as shown in the figures, see especially figures 6a and 6b which include stomach panel (80) intended to cover the upper abdomen as taught by Dumpson in [0033].
As to claim 2, Dumpson discloses an apparatus wherein the waistband has a width of at least 2.75 inches between a proximal edge of the waistband and a distal edge of the waistband with respect to the hip portion as set forth in [0037].
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With respect to claim 3, Dumpson discloses an apparatus further comprising a pair of leg portions (11-14) being coupled to and extending downwardly from the hip portion, each leg portion of the pair of leg portions having a tubular shape and being configured for being worn around a respective one of a pair of legs of the user (figure 1), the absorbent member having a crotch portion extending from a front side (30) of the hip portion to a rear side of the hip portion (near element 31) along the bottom side and between the pair of leg portions as shown in figures 1-2.
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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Dumpson et al. (US 2009/0254017) and further in view of Orloff (US 2010/0088803).
With reference to claim 4, Dumpson teaches the invention substantially as claimed as set forth in the rejection of claim1.
The difference between Dumpson and claim 4 is the provision that the absorbent member further comprises a pair of lateral portions, each lateral portion of the pair of lateral portions extending around a respective leg portion of the pair of leg portions.
Orloff discloses an analogous garment having lateral portions (140,142) comprised of absorbent material [0314] which extend around leg portions as set forth in figures 6A-6B.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Dumpson with the lateral portions as taught by Orloff in order to help a wearer develop good biomechanic motion habits while minimizing undesirable stress and force on muscles, limbs and joints as taught by Orloff in [0146].
With reference to claim 5, Dumpson teaches the invention substantially as claimed as set forth in the rejection of claim1.
The difference between Dumpson and claim 5 is the provision that the apparatus further comprises a pair of leg bands, each leg band of the pair of leg bands being coupled to a lower end of an associated leg portion of the pair of leg portions, each leg band being resiliently stretchable such that each leg band forms a seal with an associated leg of the pair of legs to prevent leakage of the vaginal blood out of the postpartum garment apparatus.
Orloff teaches an analogous compression short that includes a pair of leg bands, each leg band of the pair of leg bands being coupled to a lower end of an associated leg portion of the pair of leg portions (figures 6A-6D), each leg band being resiliently stretchable such that each leg band would ultimately focus as claimed as set forth in [0175].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Dumpson with the leg bands as taught by Orloff in order to help a wearer develop good biomechanic motion habits while minimizing undesirable stress and force on muscles, limbs and joints as taught by Orloff in [0146].
With reference to claim 6, Dumpson discloses a postpartum undergarment [0042-0043] apparatus comprising:
a hip portion having a tubular shape and being configured for being worn around a hip of a user (see annotated figure 1);
a pair of leg portions (11-14) being coupled to and positioned at a bottom side of the hip portion (figure 1), each leg portion of the pair of leg portions having a tubular shape and being configured for being worn around a respective one of a pair of legs of the user (figure 1);
an absorbent member (30) being coupled to and positioned at a bottom side of the hip portion, the absorbent member comprising an absorbent material (i.e., nylon) configured for absorbing vaginal blood [0039];
the absorbent member having a crotch portion extending from a front side (30) of the hip portion to a rear side of the hip portion (near element 31) along the bottom side and between the pair of leg portions (figures 1-2);
a waistband (23) being coupled to a top end of the hip portion (figure 1), the waistband being resiliently stretchable [0030], the waistband being configured for being stretched around a torso of the user such that a compression force is exerted by the waistband on the torso [0033], the waistband being configured for being positioned over a fundus of a uterus of the user such that the compression force is exerted onto the fundus as shown in the figures, see especially figures 6a and 6b which include stomach panel (80) intended to cover the upper abdomen as taught by Dumpson in [0033];
the waistband having a width of at least 2.75 inches between a proximal edge of the waistband and a distal edge of the waistband with respect to the hip portion as set forth in [0037].
The difference between Dumpson and claim 6 is the provision that the absorbent member further comprises a pair of lateral portions, each lateral portion of the pair of lateral portions extending around a respective leg portion of the pair of leg portions and that the apparatus further comprises a pair of leg bands, each leg band of the pair of leg bands being coupled to a lower end of an associated leg portion of the pair of leg portions, each leg band being resiliently stretchable such that each leg band forms a seal with an associated leg of the pair of legs to prevent leakage of the vaginal blood out of the postpartum garment apparatus.
Orloff discloses an analogous garment having lateral portions (140,142) comprised of absorbent material [0314] which extend around leg portions as set forth in figures 6A-6B.
Additionally, the garment of Orloff includes a pair of leg bands, each leg band of the pair of leg bands being coupled to a lower end of an associated leg portion of the pair of leg portions (figures 6A-6D), each leg band being resiliently stretchable such that each leg band would ultimately focus as claimed as set forth in [0175].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Dumpson with the lateral portions and leg bands as taught by Orloff in order to help a wearer develop good biomechanic motion habits while minimizing undesirable stress and force on muscles, limbs and joints as taught by Orloff in [0146].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bay (US 6,430,752) teaches a compression short.
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