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 Objections
Claim 13 is objected to because of the following informalities: Claim 13 discloses “the middle tapered portion” in lines 1-2. Previously, a tapered middle portion was disclosed. Appropriate correction is required.
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.
Claims 1-20 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 1 recites the limitation "the product" in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the product will be considered to refer to the panty replacement.
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) 1-3 and 7-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mateo (2010/0280476).
With respect to claim 1, Mateo discloses a panty replacement, as shown in figure 7, comprising a cotton layer, as disclosed in paragraph [0046], comprising a first end 41, a second end 43, and a tapered middle portion 42 wherein a width of the middle portion 42 is less than a width of the first and second ends 41 and 43. An adhesive layer 22 forms a bottom surface of the panty replacement, as shown in figure 7, and is configured to affix the panty replacement to a crotch area of an outerwear garment, as shown in figure 4 and disclosed in paragraph [0034].
Mateo discloses all aspects of the claimed invention with the exception of the first and second ends being substantially rounded. Mateo discloses in paragraph [0046] that the shape of the panty replacement can have soft curved edges, but does not explicitly disclose the embodiment of figure 7 has curved edges. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the first and second ends of Mateo substantially rounded to achieve the predictable result of soft, curved edges that are more comfortable to the wearer.
With respect to claim 2, Mateo discloses one cotton layer, as disclosed in paragraph [0046].
With respect to claim 3, Mateo discloses a backing layer coupled between the cotton layer and the adhesive layer, as disclosed in paragraph [0032].
With respect to claim 7, Mateo discloses all aspects of the claimed invention with the exception of the cotton layer comprising an organic cotton material. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the cotton layer of Mateo from an organic cotton material to achieve the predictable result of using an environmentally friendly material that was sustainably harvested.
With respect to claim 8, Mateo discloses the adhesive layer comprises a pressure sensitive adhesive, as disclosed in paragraph [0046].
With respect to claim 9, Mateo discloses the outerwear garment is pants, as disclosed in paragraph [0034]. The panty replacement of Mateo is fully capable of being attached to leggings.
With respect to claim 10, Mateo discloses all aspects of the claimed invention with the exception of the ratio of the length to a largest width of the first end being about 3. Mateo discloses in paragraph [0038] that the panty replacement can be made in a variety of shapes and sizes to accommodate different wearers and uses. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the ratio of the length to a largest width of the first end of Mateo about 3 to achieve the predictable result of a panty replacement that is shaped and sized to fit a particular wearer.
With respect to claim 11, Mateo discloses all aspects of the claimed invention with the exception of the length of the panty replacement being approximately 6 inches. Mateo discloses in paragraph [0038] that the panty replacement can be made in a variety of shapes and sizes to accommodate different wearers and uses. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the length of the panty replacement of Mateo approximately 6 to achieve the predictable result of a panty replacement that is shaped and sized to fit a particular wearer.
With respect to claim 12, Mateo discloses the largest width of the first and second ends 41 and 43 are the same, as shown in figure 7.
With respect to claim 13, Mateo discloses a length from a smallest width of the middle portion 42 to the largest width of the first end 41 is the same as a length from the middle portion 42 to the largest width of the second end 43, as shown in figure 7.
With respect to claim 14, Mateo discloses all aspects of the claimed invention with the exception of the ratio of a smallest width of the middle portion to a largest width of the first end being about 0.75. Mateo discloses in paragraph [0038] that the panty replacement can be made in a variety of shapes and sizes to accommodate different wearers and uses. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the ratio of the smallest width of the middle portion to a largest width of the first end of Mateo about 0.75 to achieve the predictable result of a panty replacement that is shaped and sized to fit a particular wearer.
With respect to claim 15, Mateo discloses all aspects of the claimed invention with the exception of the smallest width of the middle portion being about 1.5 inches. Mateo discloses in paragraph [0038] that the panty replacement can be made in a variety of shapes and sizes to accommodate different wearers and uses. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the smallest width of the middle portion of Mateo about 1.5 inches to achieve the predictable result of a panty replacement that is shaped and sized to fit a particular wearer.
With respect to claim 16, Mateo discloses the adhesive layer 22 covers the entire bottom surface of the middle portion 42, as disclosed in paragraph [0030].
With respect to claim 17, Mateo discloses the adhesive layer 22 covers the entire bottom surface of the cotton layer 10, as disclosed in paragraph [0030].
With respect to claim 18, Mateo discloses that the adhesive element 22 can be smaller than the bottom surface, as disclosed in paragraph [0031], and therefore will cover the bottom portion except for a small region at the edges.
With respect to claim 19, Mateo discloses the adhesive layer 22 can comprise a plurality of spaced apart strips, as disclosed in paragraph [0030].
With respect to claim 20, Mateo shows in figure 1 that the adhesive region 22 can extend to the edges of the panty replacement. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the adhesive strips of Mateo run from a first edge to a second edge to achieve the predictable result of adhesive that can secure the entire length of the panty replacement to a garment.
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mateo (2010/0280476) in view of Carlucci et al. (6,436,080).
With respect to claim 4, Mateo discloses all aspects of the claimed invention with the exception of the backing layer comprising a perforated region. Carlucci teaches providing a backing layer with a perforated region to make the layer gas permeable, as disclosed in column 11, lines 12-23. It would therefore have been obvious to one of ordinary skill in the art to provide the backing layer of Mateo with a perforated region, as taught by Carlucci, to make the backing layer breathable to achieve the predictable result of improving wearer comfort.
With respect to claim 5, Carlucci teaches the backing layer 50 has regions that are covered by adhesive 90 and regions that are not covered by adhesive 82, as shown in figure 2, wherein the regions that are not covered by adhesive include perforations. It is noted that it is within the scope of the claim as presently written that the perforated regions can also be located in the regions that are covered by adhesive.
With respect to claim 6, modified Mateo discloses all aspects of the claimed invention with the exception of the perforated regions passing through the cotton layer. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the perforated regions pass through the cotton layer of Mateo to achieve the predictable result of making the entire panty replacement breathable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents and Publications 2022/0117317; 2006/0150303; 8,118,798; 7,805,768; 7,240,375; and 6,681,407 disclose panty replacements.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781