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 .
Terminal Disclaimer
The terminal disclaimer filed on October 14, 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on Application Number 18/357,853 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Amendment
The amendment filed October 14, 2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Newly presented claim 1 requires a gusset for each leg opening with each gusset having an inward radial edge that extends across a portion of the respective leg opening with the inward radial edge of the gusset together with the portion of the respective leg opening conforming to a user’s leg when in use.
Newly presented claim 6 also requires the leg openings to have first and second regions defined by or devoid of a gusset where the gusset is attached to the first region such that a center portion of an inward edge of the gusset is spaced from a center portion of the first region of the respective elasticized leg opening and devoid of contact with the main body, the inward edge of the gusset and the first region of the elasticized leg opening conforming to a user's leg when in use.
Applicant is required to cancel the new matter in the reply to this Office Action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
gusset for each leg opening (i.e.., more than one gusset)
inward radial edge of the gusset extending across the portion of the respective leg opening
inward radial edge region devoid of contact with main body
first region of the elasticized leg opening
second region of the elasticized leg opening devoid of gusset
center portion of an inward edge of the gusset
center portion of the first region
inward edge of the gusset
one end of an inward gusset edge attached at a first position of the elasticized leg opening
opposite end of an inward gusset edge attached at a second position of the elasticized leg opening
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The specification fails to provide proper antecedent basis for the following:
radially inward
inward radial edge
inward radial edge region devoid of contact with the main body
inward radial edge together with the leg opening to conform to user’s leg when in use
first region
second region devoid of gusset
center portion of an inward edge of the gusset
center portion of the first region
inward edge of the gusset
one end of an inward gusset edge attached at a first position of the elasticized leg opening
opposite end of an inward gusset edge attached at a second position of the elasticized leg opening
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.
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.
Claims 3-13 are 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 presented claim 1 requires a gusset for each leg opening with each gusset having an inward radial edge that extends across a portion of the respective leg opening with the inward radial edge of the gusset together with the portion of the respective leg opening conforming to a user’s leg when in use.
Newly presented claim 6 also requires the leg openings to have first and second regions defined by or devoid of a gusset where the gusset is attached to the first region such that a center portion of an inward edge of the gusset is spaced from a center portion of the first region of the respective elasticized leg opening and devoid of contact with the main body, the inward edge of the gusset and the first region of the elasticized leg opening conforming to a user's leg when in use.
Newly presented claim 10 requires a gusset having an inward edge, one end of the inward edge being attached at a first position of the elasticized leg opening and an opposite end of the inward edge being attached at a second position of the elasticized leg opening, the first position of the elasticized leg opening and the second position of the elasticized leg opening defining a first region of the elasticized leg opening connected with the gusset, the second region being devoid of a connection with the gusset, a center portion of the inward edge of the gusset being spaced from a center portion of the first region of the respective elasticized leg opening and being devoid of contact with the main body, the inward edge of the gusset and the first region of the elasticized leg opening conforming to a user's leg when in use.
These limitations have 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.
Claims 3-6 and 10-13 are 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 3 recites the limitation "the portion" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the second region" in line 10. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 3-4, 6-7, 9-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Beck et al. (US 2006/0070163) in view of Enloe et al. (US 4,846,825).
With reference to claims 3 and 9, Beck et al. (hereinafter “Beck”) discloses a reusable (i.e., washable) [0002] swim diaper [0003] comprising:
a main body comprising a polyester material and an absorbent material (see [0018] where a two ply fabric is disclosed with one, inner side including a polyester-cotton blend and opposite side is 100% polyester) made of a waterproof coated [0019] bonded [0030] polyurethane polyester material [0020] wherein the polyester material includes an waterproof exterior surface (i.e., a composite material made of one or more layers of polymer resins joined by urethane links (i.e., polyurethane) and a polyester backing [0017; claim 3], the main body configured with elasticized leg openings including gussets interior of the leg openings also made of the waterproof coated bonded polyurethane polyester material of the main body (cl. 9, cl. 13) as set forth in [0046].
The difference between Beck and claim 3 is the provision that the main body includes an elasticized waist opening and that the main body includes a gusset for each leg opening wherein each gusset extends radially inward from a portion of the respective elasticized leg opening with an inward radial edge of the gusset extending across the portion of the respective elasticized leg opening, the inward radial edge having a region devoid of contact with the main body, the inward radial edge of the gusset together with the portion of the respective leg opening conforming to a user's leg when in use.
Enloe et al. (hereinafter “Enloe”) teaches an analogous absorbent garment including an elasticized waist opening (col. 4, lines 47-51) and including a gusset for each leg opening (figure 1) wherein each gusset extending radially inward from a portion of the respective elasticized leg opening with an inward radial edge of the gusset extending across the portion of the respective elasticized leg opening (figures 1-2), the inward radial edge having a region devoid of contact with the main body (figure 2), the inward radial edge of the gusset together with the portion of the respective leg opening conforming to a user's leg when in use as set forth in col. 7, lines 15-52.
It would have been obvious to one of ordinary skill in the art at the time of the invention to configure the diaper of Beck with an elasticized waist opening and the specific gussets as taught by Enloe in order to provide an improved self-adjusting garment with enhanced sideways containment and absorption of waste as taught by Enloe in col. 4, lines 37-43.
With reference to claims 4, 7 and 11, Beck discloses a reusable swim diaper wherein the waterproof exterior surface comprises a coated [0019] bonded [0030] polyurethane polyester material [0020] wherein the polyester material includes an waterproof exterior surface (i.e., a composite material made of one or more layers of polymer resins joined by urethane links (i.e., polyurethane) and a polyester backing as set forth in 0017 and in claim 3.
With reference to claim 6, see the rejection of claim 3. The elasticized leg openings of Beck are considered to include first and second regions as shown at least via upper and lower regions as shown in figure 3.
The difference between Enloe and claim 6 is the provision that the first region being defined by a gusset, the second region being devoid of the gusset, the gusset being attached to the first region of the respective elasticized leg opening such that a center portion of an inward edge of the gusset is spaced from a center portion of the first region of the respective elasticized leg opening and devoid of contact with the main body, the inward edge of the gusset and the first region of the elasticized leg opening conforming to a user's leg when in use.
Enloe teaches an analogous absorbent garment including an elasticized waist opening (col. 4, lines 47-51) and includes first region being defined by a gusset, the second region being devoid of the gusset (see annotated figure 1 below), the gusset being attached to the first region of the respective elasticized leg opening such that a center portion of an inward edge of the gusset is spaced from a center portion of the first region of the respective elasticized leg opening and devoid of contact with the main body (figure 2), the inward edge of the gusset and the first region of the elasticized leg opening conforming to a user's leg when in use as set forth in col. 7, lines 15-52.
It would have been obvious to one of ordinary skill in the art at the time of the invention to configure the diaper of Beck with an elasticized waist opening and the specific gussets as taught by Enloe in order to provide an improved self-adjusting garment with enhanced sideways containment and absorption of waste as taught by Enloe in col. 4, lines 37-43.
PNG
media_image1.png
438
630
media_image1.png
Greyscale
With reference to claim 10, see the rejection of claim 3.
The difference between Enloe and claim 10 is the provision that the gusset is attached to a portion of each elasticized leg opening, the gusset having an inward edge, one end of the inward edge being attached at a first position of the elasticized leg opening and an opposite end of the inward edge being attached at a second position of the elasticized leg opening, the first position of the elasticized leg opening and the second position of the elasticized leg opening defining a first region of the elasticized leg opening connected with the gusset, the second region being devoid of a connection with the gusset, a center portion of the inward edge of the gusset being spaced from a center portion of the first region of the respective elasticized leg opening and being devoid of contact with the main body, the inward edge of the gusset and the first region of the elasticized leg opening conforming to a user's leg when in use.
Enloe teaches an analogous absorbent garment including an elasticized waist opening (col. 4, lines 47-51) and includes gusset is attached to a portion of each elasticized leg opening (figure 1), the gusset having an inward edge, one end of the inward edge being attached at a first position of the elasticized leg opening and an opposite end of the inward edge being attached at a second position of the elasticized leg opening, the first position of the elasticized leg opening and the second position of the elasticized leg opening defining a first region of the elasticized leg opening connected with the gusset, the second region being devoid of a connection with the gusset (see annotated figure 1 below), a center portion of the inward edge of the gusset being spaced from a center portion of the first region of the respective elasticized leg opening and being devoid of contact with the main body (figure 2), the inward edge of the gusset and the first region of the elasticized leg opening conforming to a user's leg when in use as set forth in col. 7, lines 15-52.
It would have been obvious to one of ordinary skill in the art at the time of the invention to configure the diaper of Beck with an elasticized waist opening and the specific gussets as taught by Enloe in order to provide an improved self-adjusting garment with enhanced sideways containment and absorption of waste as taught by Enloe in col. 4, lines 37-43.
PNG
media_image2.png
438
630
media_image2.png
Greyscale
Claims 5, 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Beck et al. (US 2006/0070163) in view of Enloe et al. (US 4,846,825) and further in view of Harkness (US 2003/0181885).
With reference to claim 5, Beck modified teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Beck modified and claim 5 is the provision that the absorbent material comprises a terrycloth material.
While the substitution of one absorbent material for another is considered to be within the level of ordinary skill in the art, Harkness also teaches reusable waste containment swim wear including an absorbent terrycloth material as set forth in [0011].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Beck modified with the terrycloth material as taught by Harkness in order to provide the article with a soft, absorbent body contact layer as taught by Harkness in [0008].
As to claims 8 and 12, see the rejection of claim 5.
Response to Arguments
Applicant’s arguments with respect to claims 3-13 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.
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 MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELE KIDWELL/Primary Examiner, Art Unit 3781
Prosecution Insights