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.
Claims 1-15 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “less than or equal to about 10.0 mm”, and the claim also recites “preferably less than or equal to about 6.0 mm” and “more preferably less than or equal to about 4.0 mm” which are the narrower statements of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claims 4, 6, 10, 12, and 14, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 7 contains the trademark/trade name Velcro. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a hook and loop fastener and, accordingly, the identification/description is indefinite.
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) 1-6, 8-10, and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hovey (10,231,885) in view of Smoter (10,897,941).
Hovey discloses a durable absorbent pant, as shown in figure 1, comprising an absorbent front panel 200 disposed in the front waist portion 110, wherein the pant comprises a knitted material, as disclosed in column 4, lines 14-15. The absorbent front panel 200 comprises an absorbent assembly comprising an absorbent layer, as disclosed in column 3, lines 32-34. The absorbent front panel 200 has a thickness of less than 4 and between 1 and 6 mm, as disclosed in column 4, lines 59-63, and therefore has a central Dry Caliper that is less than about 4.0 mm and greater than or equal to 1.0 mm.
Hovey discloses all aspects of the claimed invention with the exception of the absorbent front panel comprising a liquid impermeable barrier layer and having a Handle of about 0.1-3.5 gf/mm. With respect to the Handle, present specification discloses that handle is related to body conformity and enhanced comfort. Hovey discloses in column 4, lines 43-55, and column 5, lines 22-25, that the absorbent panel is intended to be non-bulky to improve wearer comfort. 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 make the absorbent panel of Hovey with a Handle of about 0.1-3.5 gf/mm, to achieve the predictable result of a more comfortable pant.
Smoter discloses a durable absorbent pant, as shown in figure 1, comprising an absorbent panel 105 comprising an absorbent layer 111 and a liquid impermeable barrier layer 112, as shown in figure 5. The liquid impermeable barrier layer 112 inhibits flow of liquid out of the absorbent layer 111, as disclosed in column 4, lines 11-16. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorbent panel of Hovey with a liquid impermeable barrier layer, as taught by Smoter, to inhibit flow of liquid out of the absorbent layer in order to achieve the predictable result of preventing leakage.
With respect to claim 2, modified Hovey discloses all aspects of the claimed invention with the exception of the absorbent front panel having an Area Absorbent Capacity of about 0.03-1.0 mL/cm2. Hovey discloses in column 3, lines 36-38, that the absorbent front panel should be capable of absorbing mild to moderate incontinence or menstrual flow. Hovey therefore contemplates a low to medium level of absorbent capacity. 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 absorbent front panel of Hovey with an Area Absorbent Capacity of about 0.03-1.0 mL/cm2 to achieve the predictable result of a pant that is capable of absorbing mild to moderate incontinence or menstrual flow.
With respect to claim 3, modified Hovey discloses all aspects of the claimed invention with the exception of the absorbent front panel having a Volume Absorbent Capacity of about 0.06-0.8 mL/cm2. Hovey discloses in column 3, lines 36-38, that the absorbent front panel should be capable of absorbing mild to moderate incontinence or menstrual flow. Hovey therefore contemplates a low to medium level of absorbent capacity. 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 absorbent front panel of Hovey with a Volume Absorbent Capacity of about 0.06-0.8 mL/cm2 to achieve the predictable result of a pant that is capable of absorbing mild to moderate incontinence or menstrual flow.
With respect to claim 5, Hovey discloses in column 7, lines 4-8, that a disposable absorbent article can be attached to the absorbent front panel, but does not disclose indicia for attachment. The use of indicia to indicate areas of attachment is well-known in the art. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorbent front panel of Hovey with indicia for attachment of a disposable absorbent article to achieve the predictable result of making it easier for a user to correctly place the article in the pant.
With respect to claim 6, the absorbent front panel 200 of Hovey is irreversibly coupled to the pant by adhesive or stitching, as disclosed in column 4, line 64, to column 5, line 9.
With respect to claim 8, modified Hovey discloses all aspects of the claimed invention with the exception of the absorbent front panel exhibiting a Maximum Longitudinal Elongation of about 10-85% and a Longitudinal Tensile Modulus of about 50-200 gf/mm. Hovey discloses in column 4, lines 30-46, that the pant comprises elastic material, but remains silent as to properties of elongation and tensile modulus. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the absorbent front panel of Hovey to exhibiting a Maximum Longitudinal Elongation of about 10-85% and a Longitudinal Tensile Modulus of about 50-200 gf/mm to achieve the predictable result of a pant that is elastically stretchable and pliable to improve comfort to the wearer (see Hovey; col. 7, ln. 32-35).
With respect to claim 9, Hovey discloses the pant is a brief pant, as shown in figure 2, wherein the maximum width of the absorbent front panel being from about 10-95% of the maximum width of the pant, as shown in figure 1.
With respect to claim 10, modified Hovey discloses all aspects of the claimed invention with the exception of the absorbent assembly further comprising a wearer-facing layer. Smoter discloses a wearer-facing layer 105 provided on the absorbent assembly, as shown in figure 5, to protect the wearer from liquids absorbed in the absorbent assembly, as disclosed in column 2, lines 65-66. 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 absorbent assembly of Hovey with a wearer-facing layer, as taught by Smoter, to protect the wearer from liquids absorbent in the absorbent assembly.
With respect to claim 13, modified Hovey discloses all aspects of the claimed invention with the exception of an outward-facing layer beneath the liquid impermeable barrier layer. Smoter teaches providing a layer outwardly of the liquid impermeable barrier layer 112, as shown in figure 5. 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 absorbent front panel of Hovey with an outward-facing layer beneath the liquid impermeable barrier layer, as taught by Smoter, to achieve the predictable result of a layer to protect the wearer’s skin from the impermeable layer.
With respect to claim 14, the absorbent front panel 200 of Hovey is bounded by a perimeter seal 201, 203, as shown in figure 1.
With respect to claim 15, the perimeter seal 201, 203 is symmetric about a longitudinal axis 109 of the pant, as shown in figure 1.
Claim(s) 4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hovey (10,231,885) in view of Smoter (10,897,941), and further in view of Dime (2012/0116345).
With respect to claim 4, modified Hovey discloses all aspects of the claimed invention with the exception of the absorbent front panel being reversibly coupled to the pant. Dime teaches an absorbent pant, as shown in figure 1, comprising an absorbent front panel 30, as shown in figure 2. Dime teaches the absorbent front panel is reversibly couped to the pant, as disclosed in paragraph [0042], to allow the user to easily and conveniently replace the panel when it has absorbed urine, as disclosed in paragraph [0055]. 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 make the absorbent front panel of Hovey reversibly coupled to the pant, as taught by Dime, to allow a user to remove and replace the panel with it becomes saturated with urine.
With respect to claim 7, Hovey discloses the pant further comprises a front waist edge, a waistband, left and right front leg opening edge, a rear waist portion with a rear waist edge, left and right rear leg opening edges, a crotch portion, and left and right hip side portions forming a waist opening and left and right leg openings, as shown in figure 4A. When the pant is in an opened configuration, an intersection of the longitudinal axis and the front lateral axis occur in the absorbent front panel 200, as shown in figure 6.
Hovey discloses all aspects of the claimed invention with the exception of the absorbent front panel extending from the front waist edge or waistband. Hovey shows in figure 1 that the absorbent front panel 200 extends close to the front waistband 111. Dime teaches extending the absorbent front panel to the waistband, as shown in figure 1, to position the absorbent front panel to be in contact with male genitalia to absorb urine, as disclosed in paragraph [0035]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention for the absorbent front panel of Hovey to extend from the waistband of the pant, as taught by Dime, to configure the panel for absorption of urine from a male user.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hovey (10,231,885) in view of Smoter (10,897,941), and further in view of Kajanthan et al. (11,207,225).
With respect to claim 11, modified Hovey discloses all aspects of the claimed invention with the exception of the absorbent layer comprising a knitted terrycloth. Kajanthan teaches using a knitted terrycloth as the absorbent layer of an absorbent assembly for an absorbent pant, as disclosed in column 6, lines 55-61, to provide for a higher absorbent capacity without significantly increasing the thickness of the 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 make the absorbent layer of Hovey from a knitted terrycloth, as taught by Kajanthan, to provide for a higher absorbent capacity without significantly increasing the thickness of the layer.
With respect to claim 12, modified Hovey discloses all aspects of the claimed invention with the exception of the absorbent front panel comprising an antimicrobial agent comprising silver. Kajanthan teaches providing an absorbent panel of an absorbent pant with an antimicrobial silver-containing substance, as disclosed in column 6, lines 29-33. 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 absorbent panel of Hovey with an antimicrobial silver-containing substance, as taught by Kajanthan, to achieve the predictable result of controlling microbial growth in the pant to reduce odors and improve wearer health.
Conclusion
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
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