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 20 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 20 recites the limitation "the adhesive covering" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the adhesive component" in line 6. 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.
Claim(s) 1-11 and 14-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chien (2008/0172018).
With respect to claim 1, Chien discloses a sanitary pad device, as shown in figure 1, comprising a body component 10 and an auxiliary rear component 20/30 that can be extended out for use, as shown in figures 9-10. The body component 10 is secured within a user’s underwear during use, as disclosed in paragraph [0022], and absorbs menstrual discharge, as disclosed in paragraph [0027]. The auxiliary component 20/30 is adapted for insertion between a thigh and buttocks of a user, as disclosed in paragraph [0033], and therefore is fully capable of contacting at least a portion of the user’s perineal region.
With respect to claim 2, the body component 10 is constructed in a manner of a conventional sanitary pad for absorption of menstrual discharge, as disclosed in paragraph [0027].
With respect to claim 3, the auxiliary component 20/30 is attached to the body component 10 in at least part of the rear portion thereof, as shown in figure 1, and therefore is considered to anticipate the claim as presently written.
With respect to claim 4, the auxiliary component 30 is shaped in a wedge-shaped structure with a wider end secured to the body component 10 and a narrower end positioned at a distal end of the body component, as shown in figure 10.
With respect to claim 5, the auxiliary component 30 is non-planar and anatomically shaped to fit a user’s body, as shown in figure 10.
With respect to claim 6, the body component 10 and auxiliary component 30 comprise an absorbent core positioned between a pad cover material and a barrier layer, as shown in figure 10 and disclosed in paragraphs [0021-0027].
With respect to claim 7, a perimeter of the barrier layer and pad cover material surround the absorbent core, as shown in figures 1 and 10.
With respect to claim 8, the auxiliary component 20/30 comprises a pull string 21/31 which enable the user to extend the auxiliary component for use, as disclosed in paragraph [0031].
With respect to claims 9-10, a pair of wing components 11 extend from a lateral side of the body component 10, as shown in figure 1.
With respect to claim 11, the body component and auxiliary component comprise a generally flat underside, as shown in figure 10, with an adhesive layer, as disclosed in paragraph [0022].
With respect to claim 14, Chien discloses a sanitary pad device, as shown in figure 1, comprising a body component 10 with a pair of wing components 11 extending from each lateral side, and an auxiliary rear component 20/30 with a pull string 21/31 which enables a user to extend the auxiliary component for use, as shown in figures 9-10. The auxiliary component 20/30 is attached to the body component 10 in at least part of the rear portion thereof, as shown in figure 1, and therefore is considered to anticipate the claim as presently written. The body component and auxiliary component comprise a generally flat underside, as shown in figure 10, with an adhesive layer for securing within a user’s underwear, as disclosed in paragraph [0022]. The body component 10 and auxiliary component 30 comprise an absorbent core positioned between a pad cover material and a barrier layer for absorbing menstrual discharge, as shown in figure 10 and disclosed in paragraphs [0021-0027]. A perimeter of the barrier layer and pad cover material surround the absorbent core, as shown in figures 1 and 10. The auxiliary component 20/30 is adapted for insertion between a thigh and buttocks of a user, as disclosed in paragraph [0033], and therefore is fully capable of contacting at least a portion of the user’s perineal region.
With respect to claim 15, indicia constitute nonfunctional printed matter that does not distinguish the claimed product from the prior art product (see MPEP 2112.01(III)).
With respect to claim 16, the auxiliary component 30 is integral with the body component 10 to form one piece, as shown in figure 10.
With respect to claim 17, the auxiliary component 30 is shaped in a wedge-shaped structure with a wider end secured to the body component 10 and a narrower end positioned at a distal end of the body component, as shown in figure 10.
With respect to claim 18, the auxiliary component 30 is non-planar and anatomically shaped to fit a user’s body, as shown in figure 10.
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.
Claim(s) 12-13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chien (2008/0172018).
With respect to claims 12 and 19, Chien discloses all aspects of the claimed invention with the exception of the adhesive layer being protected prior to use by a peel-off strip. The use of protective peel strips to cover the adhesive of a sanitary pad is commonly known in the art to prevent unintended attachment of the pad prior to use and to prevent soiling of the adhesive layer. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide a peel-off strip to the adhesive layer of Chien to achieve the predictable result of protecting the adhesive layer from soiling and preventing unintended attachment of the pad prior to use.
With respect to claim 13, the auxiliary component 30 is integral with the body component 10 to form one piece, as shown in figure 10.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kudo et al. (8,093,449) in view of Chien (2008/0172018).
With respect to claim 20, Kudo discloses a method of preventing leakage of menstrual blood through a user’s clothes, as described in column 2, lines 1-6, comprising the steps of providing a sanitary pad device 1, as shown in figure 1, comprising a body component 10 and an auxiliary rear component 20, removing an adhesive covering 36 on an underside of the body component, as shown in figure 11, securing the device within a user’s underwear via positioning an adhesive component, as disclosed in column 8, lines 42-45, pulling to extend the auxiliary rear component 20, as shown in figure 7, and securing the auxiliary rear component 20 to the buttocks area of a user’s underpants via the adhesive component 27, as shown in figure 8A.
Kudo discloses all aspects of the claimed invention with the exception of a pull string that is pulled to extend the auxiliary rear component. Chien teaches the use of a pull string 21 to extend an auxiliary rear component 20 from a body component 10, as shown in figure 1 and disclosed in paragraph [0031]. The pull string allows a user to extend the auxiliary rear component without touching the sanitary pad. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the auxiliary rear component of Kudo with a pull string, as taught by Chien, to achieve the predictable result of allowing a user to extend the auxiliary rear component without having to touch and potentially soil the sanitary pad.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents and Publications 6,890,326; 6,997,915; 4,596,570; 4,533,357; 2016/0038349; and 2008/0172019 disclose sanitary pad devices having extended auxiliary rear components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781