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 .
Status of the Claims
The amendment filed 09/15/2025 has been entered. Claims 1-5 are pending and under consideration.
Response to Arguments
With regard applicant’s argument, see pages 5-6, with respect 35 USC 102 rejections have been considered and are at least partially persuasive, but are moot in light of new rejection/interpretation.
There are no distinct arguments directed to dependent claims.
Applicant’s amendment to the abstract have overcome each and every objection previously set forth in the non-final office action mailed 06/16/2025.
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kreuzer et al (US 20200390615 A1).
Regarding Claim 1, Kreuzer teaches a wearable absorbent article (figure 1, absorbent pant 10), comprising:
a main body (figure 1, body of absorbent pant 10) to be worn around at least a portion of a pelvis of a user ([0002] the absorbent pant entirely encircles wearer’s waist), the main body comprising:
a pelvic covering portion (figure 1 [0131], central chassis 30 with front and rear belts 22 and 23, at least the central chassis sized to fit and cover crotch region) having a size and a shape to cover an entirety of at least one of a crotch, genitalia, and buttocks of a user,
a plurality of leg receiving apertures ([0189], figures 2a and 6a, the front and rear belts 22 and 23 are joined to form two leg openings along outer perimeter 41 of the central chassis) disposed on at least a portion of the pelvic covering portion to receive legs of the user therethrough, and
a waist receiving aperture (figures 1 and figure 6a, waist opening formed in conjunction by front and rear wait edges 34 and 35 configured to receive a waist of the user) disposed on at least a portion of the pelvic covering portion to receive a waist of the user therethrough;
a fluid absorbing pad (figure 7, [0071] and [0175], absorbent layer 117 disposed within the central chassis absorbs liquid) disposed on and within at least a portion of the pelvic covering portion to absorb at least one fluid received thereon; and
a plurality of absorbent liners (figure 1, plurality of elasticized barrier cuffs 32, the barrier cuffs are disposed along the leg openings, and configured to provide compression onto the legs, which reduces a gap between leg and opening and prevents leaks therethrough) to prevent any leakage of the at least one fluid beyond a boundary of the fluid absorbing pad toward the plurality of leg receiving apertures, such that each of the plurality of absorbent liners are disposed around each of the plurality of leg receiving apertures and such that the plurality of absorbent liners are separated from each other by the fluid absorbent pad (figures 1 and 2a, barrier cuffs disposed around each of the leg receiving apertures as set forth above and each cuffs are separated by the absorbent core 115 including absorbent layer 117)
Regarding Claim 2, Kreuzer teaches claim 1.
Kreuzer further teaches wherein the fluid absorbing pad is disposed between layers of the pelvic covering portion to be hidden within the pelvic covering portion (figure 11, the absorbent layer 117 disposed and hidden within topsheet 33 and backsheet 31 of central chassis 30).
Regarding Claim 3, Kreuzer teaches claim 1.
Kreuzer further teaches an elastic waistband (figure 2a, elastic members 26 disposed around front and rear waist edges 34 and 35) circumferentially disposed around at least a portion of a perimeter of a top edge of the pelvic covering portion to prevent the pelvic covering portion from moving away from the waist of the user (the front and rear waist edge forms a waist belt that provide compression onto the waist of the user, and keep the pants from slipping off wearer’s waist).
Claim Rejections - 35 USC § 103
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kreuzer et al (US 20200390615 A1) in view of Mullen et al (US 20060247599 A1).
Regarding Claim 4, Kreuzer teaches claim 1.
Kreuzer does not teach further comprising a plurality of adhesive pads disposed on at least a portion of the pelvic covering portion removably connect the pelvic covering portion to an external garment.
In the same field of endeavor, namely an absorbent garment, Mullen teaches an absorbent assembly (figure 2, 24) comprising a plurality of adhesive pads (figure 3 and [0010], fastening components 66 attached to outer cover 146 configured the absorbent assembly removably connect to a garment shell 22) disposed on at least a portion of the pelvic covering portion removably connect the pelvic covering portion to an external garment (figure 2, garment shell 22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kreuzer to incorporate the teachings of Mullen and provide the adhesive pads as claimed for the purpose of permitting the absorbent assembly to be replaced while reusing the garment shell, as taught by Mullen ([0010]-[0012]) thereby reducing waste by permitting disposal of only soiled absorbent assembly rather than the entire absorbent article.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kreuzer et al (US 20200390615 A1) in view of Yip et al (US 20220142827 A1).
Regarding Claim 5, Kreuzer teaches claim 1.
Kreuzer does not teach further comprising an odor preventing layer disposed on and within at least a portion of the fluid absorbing pad to absorb an odor from the at least one fluid therein.
In the same field of endeavor, namely an absorbent garment, Tip teaches a wearable absorbent article (figure 1, 10) comprising an odor preventing layer disposed on and within at least a portion of the fluid absorbing pad to absorb an odor from the at least one fluid therein ([0052] gusset 18 any or all of the layers can be treated with antimicrobial fiber to neutralize odors).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kreuzer to incorporate the teachings of Yip and provide the odor preventing layer as claimed, and one of skill in the art motivated to do so, for the purpose minimizes odor associated with an unexpected incontinence event, as taught by Yip ([0052]).
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 SETH HAN whose telephone number is (571)272-2545. The examiner can normally be reached M-F 0900-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SETH HAN/Examiner, Art Unit 3781
/SARAH AL HASHIMI/Supervisory Patent Examiner, Art Unit 3781