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 .
In light of the amendments to the claims wherein claims 1-2 and 6 were amended, claims 1-9 are pending in the instant application and are examined on the merits herein.
Priority
The instant application claims priority to U.S. Provisional App. no. 63/389,297 filed on 07/14/2022.
Claims 1-9 receive priority to the prior-filed application, filed on 07/14/2022.
Response to Arguments
Objections to the Claims
The objections to the claims (Office Action filed 09/15/2025: para. 6-8 and 10) are withdrawn in view of the amendments to the claims filed 12/17/2025.
Rejections of the Claims under 35 U.S.C. 101
The rejections of the claims under 35 U.S.C. 101 are withdrawn in view of the amendments to the claims filed 12/17/2025.
Rejections of the Claims under 35 U.S.C. 103
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive and/or wherein the amendments to the claims have necessitated new grounds of rejection.
Regarding amended claims 1-9, the applicant asserts on pg. 5-9 that the prior art to Morrow and Thompson fail to disclose the newly added limitations in the claims and that the combination of the prior art of Morrow and Thompson to read on the claims would render Morrow unsatisfactory for its intended purpose.
In response to the applicant’s argument, the examiner respectfully notes that the prior art to Morrow and Thompson were not used in the Office Action filed 09/15/2025 to read on the newly added limitations; therefore, the amendments to the claims have necessitated new grounds of rejection.
Regarding claims 1-9, the applicant asserts on pg. 5-7 that Morrow fails to disclose a pad as claimed.
In response to the applicant’s argument, the examiner respectfully disagrees. The applicant asserts that the claimed invention requires the pad to be substantially planar, which is structurally distinct from a mitt. It is noted that the features upon which applicant relies (i.e., a substantially planar pad) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, claims 5 and 9 state that the disposal pad is in the form of a mitten; therefore, Morrow as disclosing a layered mitten may be considered analogous to the instantly claimed pad.
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites the limitation “the used hygiene product and tied with the drawstring for subsequent disposal of the used feminine hygiene product” in ln. 4-5. This should read “the used feminine hygiene product and tied with the drawstring for subsequent disposal of the used feminine hygiene product”.
Appropriate correction is required.
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 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over US/2009/0112148 A1 to Morrow in view of U.S. Patent no. 5,740,554 A to Reed and EP/3578065 A1 to Römer.
Regarding claim 1, Morrow discloses a used feminine hygiene product disposal pad (para. 0044-0048; Fig. 9-10, mitt M as the disposal pad) comprising:
a pad (Fig. 9-10, mitt M as the disposal pad) comprising:
an outer cover comprising a plastic lining (para. 0045; para. 0047, non-permeable plastic liner 64 starts as an interior of the pad and ends as an outer shell; Fig. 9-10, non-permeable plastic liner 64),
an absorbent layer comprising a lining (para. 0045, towelette or a similar soft and/or absorbent material; Fig. 9-10, absorbent towelette material 66), and
a drawstring component (para. 0044; Fig. 9-10, drawstring 62),
wherein the outer cover is configured to be held by a user when grasping the used feminine hygiene product (Fig. 9-10; para. 0045; para. 0047), the absorbent layer absorbs moisture or fluid from the used feminine hygiene product and comes into direct contact with the used feminine hygiene product and wraps around the used feminine hygiene product (Fig. 9-10; para. 0045; para. 0047), and the drawstring component is used to securely tie the disposal pad around the used feminine hygiene product (Fig. 9-10; para. 0044).
Morrow differs from the instantly claimed invention in that Morrow fails to disclose wherein the absorbent layer comprises a cotton lining.
Reed teaches a used feminine hygiene product disposal pad comprising an absorbent layer comprising a cotton lining that is absorbent and biodegradable (Fig. 1, absorbent pad as a mitten 10 comprising absorbent layer 20; col. 3 ln. 57-59).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the absorbent layer of Morrow to comprise a cotton lining as taught by Reed, because Morrow teaches that the absorbent layer may be a towelette or a similar soft and/or absorbent material (para. 0045) and Reed teaches that a cotton lining is absorbent and is also biodegradable (col. 3 ln. 57-59), which is a desired property in disposal products.
Further, Morrow differs from the instantly claimed invention in that Morrow fails to disclose an inner containment layer, wherein the middle absorbent layer is positioned between the outer cover and the inner containment layer, wherein the outer cover and middle absorbent layer are disposed over the inner containment layer to orient the inner containment layer at the bottom of the pad, and that the inner containment layer comes into direct contact with the used feminine hygiene product and wraps around the hygiene product.
Römer teaches a disposal pad in the form of a mitt similar to that of Morrow (Fig. 1, disposal pad as mitten 1) that comprises an outer cover (para. 0022; para. 0042; Fig. 1, plastic film 13 starts as an inter-most layer and ends as an outer layer), a middle absorbent layer (para. 0023; para. 0043-0044; Fig. 1, absorbent layer 6), and an inner containment layer (para. 0024-0027; para. 0031-0032; para. 0044-0045; Fig. 1, further layer 7) oriented such that the middle absorbent layer is between the outer cover and the inner containment layer (para. 0026, the further layer is the outermost layer of the bag; para. 0044; Fig. 2 showing orientation of the layers) and that the inner containment layer may be considered at the bottom of the pad (para. 0026, the further layer is the outermost layer of the bag; Fig. 2 showing further layer 7 at the bottom of the pad; bottom is subjective, may be considered the lowest point of the mitten 1 at any point during use), wherein the inner containment layer comes into direct contact with refuse and wraps around the refuse (para. 0026, the further layer is the outermost layer of the bag; para. 0046, pad can be turned inside out over a user’s hand). The addition of an additional absorbent layer in Römer’s invention advantageously improves the comfort, shape retention, aesthetics, and odor of the pad (para. 0024-0027; para. 0031-0032; para. 0044-0045).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the disposal pad of Morrow to comprise an inner containment layer as taught by Römer, because Römer teaches that providing an additional absorbent layer comprising a design and an odor-inhibiting compound can significantly increase the absorbency and/or comfort of the pad, visually improve the aesthetics of the pad, and improve the smell of the pad (para. 0024-0027; para. 0031-0032; para. 0044-0045).
Regarding claim 2, the cited prior art suggests the invention of claim 1. Morrow further discloses: wherein the outer cover and the absorbent layer are configured to collectively form a barrier between the user's hand and the used feminine hygiene product when the user grasps the used feminine hygiene product and, after grasping the used feminine hygiene product, the disposal pad is folded around the used feminine hygiene product and tied with the drawstring for subsequent disposal of the used feminine hygiene product (Fig. 9-10; para. 0044-0047).
Römer further teaches (per the rejection of claim 1 above): wherein the outer cover, the middle absorbent layer, and the inner containment layer are configured to collectively form a barrier between the user's hand and the refuse when the user grasps the refuse and, after grasping the refuse, the disposal pad is folded around the refuse (para. 0042-0044; para. 0046, pad can be turned inside out over user’s hand).
Regarding claim 3, the cited prior art suggests the invention of claim 1. Römer further teaches (per the rejection of claim 1 above): wherein the inner containment layer comprises a deodorizer lining (para. 0024-0027; para. 0031-0032; para. 0044-0045).
Regarding claim 4, the cited prior art suggests the invention of claim 1. Morrow further discloses: wherein the drawstring component is disposed around an edge of the disposal pad (Fig. 9-10, mitt M as the disposal pad comprising drawstring 62 at an edge).
Regarding claim 5, the cited prior art suggests the invention of claim 1. Morrow further discloses: wherein the disposal pad is in the form of a mitten (Fig. 9-10, mitt M as the disposal pad).
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over US/2009/0112148 A1 to Morrow in view of EP/3578065 A1 to Römer.
Regarding claim 6, Morrow discloses a method for disposing of a used feminine hygiene product (para. 0044-0048) comprising:
holding a disposal pad (Fig. 9-10, mitt M as the disposal pad) comprising:
a pad comprising (Fig. 9-10, mitt M as the disposal pad):
an outer cover (para. 0045; para. 0047, non-permeable plastic liner 64 starts as an interior of the pad and ends as an outer shell; Fig. 9-10, non-permeable plastic liner 64),
an absorbent layer that absorbs moisture or fluid from the used feminine hygiene product and that comes into direct contact with the used feminine hygiene product (para. 0045; para. 0047; Fig. 9-10, absorbent towelette material 66), and
a drawstring component (para. 0044; Fig. 9-10, 62 drawstring),
wherein the disposal pad is held by its outer cover so that the inner containment layer is facing the used feminine hygiene product (Fig. 9-10; para. 0045; para. 0047);
grasping the used feminine hygiene product and folding the disposal pad around the used feminine hygiene product (Fig. 9-10; para. 0045; para. 0047);
pulling the drawstring and tying it around the folded disposal pad with the used feminine hygiene product enclosed therein (para. 0044; Fig. 9-10, 62 drawstring);
disposing of the disposal pad with the used feminine hygiene product inside (para. 0048).
Further, Morrow differs from the instantly claimed invention in that Morrow fails to disclose an inner containment layer, wherein the middle absorbent layer is positioned between the outer cover and the inner containment layer, wherein the outer cover and middle absorbent layer are disposed over the inner containment layer to orient the inner containment layer at the bottom of the pad.
Römer teaches a disposal pad in the form of a mitt similar to that of Morrow (Fig. 1, disposal pad as mitten 1) that comprises an outer cover (para. 0022; para. 0042; Fig. 1, plastic film 13 starts as an inter-most layer and ends as an outer layer), a middle absorbent layer (para. 0023; para. 0043-0044; Fig. 1, absorbent layer 6), and an inner containment layer (para. 0024-0027; para. 0031-0032; para. 0044-0045; Fig. 1, further layer 7) oriented such that the middle absorbent layer is between the outer cover and the inner containment layer (para. 0026, the further layer is the outermost layer of the bag; para. 0044; Fig. 2 showing orientation of the layers) and that the inner containment layer may be considered at the bottom of the pad (para. 0026, the further layer is the outermost layer of the bag; Fig. 2 showing further layer 7 at the bottom of the pad; bottom is subjective, may be considered the lowest point of the mitten 1 at any point during use). The addition of an additional absorbent layer in Römer’s invention advantageously improves the comfort, shape retention, aesthetics, and odor of the pad (para. 0024-0027; para. 0031-0032; para. 0044-0045).
It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the disposal pad of Morrow to comprise an inner containment layer as taught by Römer, because Römer teaches that providing an additional absorbent layer comprising a design and an odor-inhibiting compound can significantly increase the absorbency and/or comfort of the pad, visually improve the aesthetics of the pad, and improve the smell of the pad (para. 0024-0027; para. 0031-0032; para. 0044-0045).
Regarding claim 7, the cited prior art suggests the invention of claim 6. Römer further teaches (per the rejection of claim 6 above): wherein the inner containment layer comprises a deodorizer lining (para. 0024-0027; para. 0031-0032; para. 0044-0045).
Regarding claim 8, the cited prior art suggests the invention of claim 6. Morrow further discloses: wherein the drawstring component is disposed around an edge of the disposal pad (Fig. 9-10, mitt M as the disposal pad comprising drawstring 62 at an edge).
Regarding claim 9, the cited prior art suggests the invention of claim 6. Morrow further discloses: wherein the disposal pad is in the form of a mitten (Fig. 9-10, mitt M as the disposal pad).
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 Linnae Raymond whose telephone number is (571)272-6894. The examiner can normally be reached M-F 8:00am to 4:00pm.
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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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/Linnae E. Raymond/Examiner, Art Unit 3781
/LESLIE R DEAK/Primary Examiner, Art Unit 3799 10 February 2026