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 § 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.
Claims 1, 3, and 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Tanio (US 7530973) in view of Bradley (US 6652503).
Regarding claim 1, Tanio discloses a menstruation pad (abstract) comprising:
a base panel (2, 21) being elongated between a front end and a back end, the base panel comprising a flexible material (fig. 1, backsheet 21 as part of napkin body 2, col. 5, lines 58-63 describe the backsheet 21 being a polyethylene resin film. Article going from fig. 1 in its flat form to fig. 11 where it conforms to the patient’s body demonstrates flexibility, also noting the napkin body 2 with fold-back flaps 7, 7 that are designed to be folded and thus further demonstrate flexibility of the material of the base panel);
an absorbent body (22) mounted on a top surface of the base panel, the absorbent body being elongated and being aligned parallel to the base panel (fig. 1, liquid absorbent layer 22 on top of backsheet 21, also seen in fig. 4), the absorbent body comprising an absorbent material (col. 5, lines 58063), the absorbent body having a front portion, a back portion, and a middle portion (see annotated fig. 1 below);
a back insertion member (3) mounted atop the back portion of the absorbent body (fig. 1, three-dimensional structure 3 on top of the back and central portion of layer 22), the back insertion member being elongated and being aligned parallel to the absorbent body (fig. 3, structure 3 elongated and parallel of absorbent layer 22), the back insertion member (3) being sized and configured to fit into an intergluteal cleft of a user (col. 8, lines 49-52), the back insertion member comprising another absorbent material (fig. 3 shows reinforcing member 35 that functions for absorbing and retaining liquid, col. 8, lines 53-59); and
a pair of buttock engagement flaps (8) coupled to the base panel and positioned on opposite sides of the back insertion member (fig. 1, rear flaps 8), each buttock engagement flap comprising the flexible material (fig. 4, with the rear flap 8 being integral with the backsheet 21, and the backsheet 21 being previously discussed as flexible, has the buttock engagement flaps comprising the flexible material), each buttock engagement flap having a thickness wherein the buttock engagement flap is configured to minimize visibility of an outline of the buttock engagement flap through an undergarment worn by the user (fig. 1, rear flaps 8 have a thickness that is configured to minimize visibility of an outline of the buttock engagement flap through an undergarment worn by the user, especially since Applicant's specification provides no specificity (e.g., no thickness values) or criticality regarding this thickness).
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Tanio does not teach wherein the back insertion member comprises the absorbent material described from the absorbent core.
However, Bradley teaches a sanitary article (abstract) with a similar back insertion member (90) that comprises the absorbent material from the absorbent core (fig. 4 shows an absorbency core 34 within the ridge member 90 and below the body contacting surface 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pad disclosed in Tanio by adding absorbent material into the back insertion member such that the back insertion member comprises the absorbent material described from the absorbent core, as taught by Bradley , for the purpose of providing a suitable structure that allows for more bodily fluid absorbency (see Bradley, col. 3, lines 43-52).
Regarding claim 3, Tanio discloses wherein a forward end and a rearward end of the absorbent body are rounded (fig. 1 shows the ends of liquid absorbent layer 22 as rounded off).
Regarding claim 5, Tanio discloses wherein the back insertion member (3) tapers from the absorbent body to a distal edge with respect to the absorbent body (fig. 2 shows three-dimensional structure 3 form a dome that tapers towards a tip from the absorbent body 22).
Regarding claim 6, Tanio discloses wherein the back insertion member tapers from a central section of the back insertion member to each of a frontmost end and a backmost end of the back insertion member (fig. 1 shows three-dimensional structure 3 have front and rear starting points 31 and 32; the center of structure 3 tapers to said points 31 and 32 forming an eye shape).
Regarding claim 7, Tanio discloses wherein each buttock engagement flap is integrally formed with the base panel (fig. 3, rear-flaps 8 are part of the backsheet 21 that serves as the base panel).
Regarding claim 8, Tanio discloses wherein each buttock engagement flap (8) tapers away from the base panel to a distal end with respect to the base panel (fig. 1, rear flaps 8 taper into a curve away from the center of the article/base panel).
Regarding claim 9, Tanio discloses the pad further comprising a pair of wings (7) coupled to the base panel and positioned on opposite sides of the middle portion of the absorbent body, each wing comprising the flexible material (fig. 1 shows fold-back flaps 7, 7 on opposite sides of the middle portion of absorbent layer 22. The flaps 7, 7 are formed from a flexible material by virtue of being fold-back flaps).
Regarding claim 10, Tanio discloses wherein each wing is integrally formed with the base panel fig. 1 shows an integral formation of fold-back flaps 7, 7 into the panel).
Regarding claim 11, Tanio discloses the pad further comprising a plurality of adhesive layers configured to releasably attach to the undergarment, each adhesive layer being mounted on an associated one of the base panel and either wing of the pair of wings (fig. 4 shows at least two pressure-sensitive adhesive layers 25, 25 on the backsheet 21/ base panel. Col. 9, lines 55-58 note that fold-back flaps 7, 7 and rear flaps 8, 8 also have pressure-sensitive adhesive layers).
Regarding claim 12, Tanio discloses the pad further comprising an adhesive layer (25) configured to releasably attach to the undergarment, the adhesive layer being mounted on the base panel (fig. 4, pressure-sensitive adhesive layers 25, 25 on the base panel/ backsheet 21).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable under Tanio in view of Bradley, and further in view of Glasgow (US 6620144).
Regarding claim 2, Tanio does not teach wherein the absorbent body narrows from each of the front portion and the back portion to the middle portion.
However, Glasgow teaches a sanitary napkin (abstract) wherein the absorbent body narrows from each of the front and back portion to the middle portion (fig. 1 shows primary absorbent member 30 described as a substantially hourglass shape where transverse end regions are wider than the central region, col. 6, lines 18-39).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Tanio such that the absorbent body narrows from each of the front portion and the back portion to the middle portion, as taught by Glasgow, for the purpose of providing a suitable structure that approximates the anatomical shape of the crotch region and enhances comfort to the user (col. 6, lines 18-39).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tanio in view of Bradley, and further in view of Lassen (US 4804380).
Regarding claim 4, Tanio, as modified by Bradley, does not teach wherein the back insertion member is integrally formed with the absorbent body.
However, Lassen teaches a sanitary protection device (abstract) wherein a similar raised portion of a pad (fig. 1, raised section 34 to fit comfortably between the buttocks, col. 5, lines 1-12) utilizes structure from the absorbent core (46, 48) and is thus integral to the absorbent body (fig. 6 shows raised portion of the pad 34, fig. 7 shows said raised portion formed of the two sections of absorbent 46 and 48 described in col. 4, lines 53-63).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Tanio in view of Bradley such that the back insertion member is integrally formed with the absorbent body, as taught by Lassen, for the purpose of providing a suitable means of utilizing existing absorbent material as opposed to needing to add extra absorbent material to save on material, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S 164 (1893).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable under Tanio in view of Bradley, and further in view of Glasgow and Lassen.
Regarding claim 13, Tanio discloses a menstruation pad (abstract) comprising:
a base panel (2, 21) being elongated between a front end and a back end, the base panel comprising a flexible material (fig. 1, backsheet 21 as part of napkin body 2, col. 5, lines 58-63 describe the backsheet 21 being a polyethylene resin film. Article going from fig. 1 in its flat form to fig. 11 where it conforms to the patient’s body demonstrates flexibility, also noting the napkin body 2 with fold-back flaps 7, 7 that are designed to be folded and thus further demonstrate flexibility of the material of the base panel)
an absorbent body (22) mounted on a top surface of the base panel, the absorbent body being elongated and being aligned parallel to the base panel (fig. 1, liquid absorbent layer 22 on top of backsheet 21, also seen in fig. 4), the absorbent body comprising an absorbent material (col. 5, lines 58063), the absorbent body having a front portion, a back portion, and a middle portion (see annotated fig. 1 below), a forward end and a rearward end of the absorbent body are rounded (fig. 1 shows the ends of liquid absorbent layer 22 as rounded off);
a back insertion member (3) mounted atop the back portion of the absorbent body (fig. 1, three-dimensional structure 3 on top of the back and central portion of layer 22), the back insertion member being elongated and being aligned parallel to the absorbent body (fig. 3, structure 3 elongated and parallel of absorbent layer 22), the back insertion member (3) being sized and configured to fit into an intergluteal cleft of a user (col. 8, lines 49-52), the back insertion member comprising another absorbent material (fig. 3 shows reinforcing member 35 that functions for absorbing and retaining liquid, col. 8, lines 53-59), the back insertion member (3) tapering from the absorbent body to a distal edge with respect to the absorbent body (fig. 2 shows three-dimensional structure 3 form a dome that tapers towards a tip from the absorbent body 22), the back insertion member tapers from a central section of the back insertion member to each of a frontmost end and a backmost end of the back insertion member (fig. 1 shows three-dimensional structure 3 have front and rear starting points 31 and 32; the center of structure 3 tapers to said points 31 and 32 forming an eye shape);
a pair of buttock engagement flaps (8) coupled to the base panel and positioned on opposite sides of the back insertion member (fig. 1, rear flaps 8), each buttock engagement flap comprising the flexible material (fig. 4, with the rear flap 8 being integral with the backsheet 21, and the backsheet 21 being previously discussed as flexible, has the buttock engagement flaps comprising the flexible material), each buttock engagement flap having a thickness wherein the buttock engagement flap is configured to minimize visibility of an outline of the buttock engagement flap through an undergarment worn by the user (fig. 1, rear flaps 8 have a thickness that is configured to minimize visibility of an outline of the buttock engagement flap through an undergarment worn by the user, especially since Applicant's specification provides no specificity (e.g., no thickness values) or criticality regarding this thickness), each buttock engagement flap (8) tapering away from the base panel to a distal end with respect to the base panel (fig. 1, rear flaps 8 taper into a curve away from the center of the article/base panel);
a pair of wings (7) coupled to the base panel and positioned on opposite sides of the middle portion of the absorbent body, each wing comprising the flexible material (fig. 1 shows fold-back flaps 7, 7 on opposite sides of the middle portion of absorbent layer 22. The flaps 7, 7 are formed from a flexible material by virtue of being fold-back flaps), each wing being integrally formed with the base panel fig. 1 shows an integral formation of fold-back flaps 7, 7 into the panel); and
a plurality of adhesive layers configured to releasably attach to the undergarment, each adhesive layer being mounted on an associated one of the base panel and either wing of the pair of wings (fig. 4 shows at least two pressure-sensitive adhesive layers 25, 25 on the backsheet 21/ base panel. Col. 9, lines 55-58 note that fold-back flaps 7, 7 and rear flaps 8, 8 also have pressure-sensitive adhesive layers).
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Tanio does not teach wherein the back insertion member comprises the absorbent material described from the absorbent core, wherein the absorbent body narrows from each of the front portion and the back portion to the middle portion, the back insertion member being integrally formed with the absorbent body.
However, Bradley teaches a sanitary article (abstract) with a similar back insertion member (90) that comprises the absorbent material from the absorbent core (fig. 4 shows an absorbency core 34 within the ridge member 90 and below the body contacting surface 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pad disclosed in Tanio by adding absorbent material into the back insertion member such that the back insertion member comprises the absorbent material described from the absorbent core, as taught by Bradley , for the purpose of providing a suitable structure that allows for more bodily fluid absorbency (see Bradley, col. 3, lines 43-52).
Tanio does not teach the absorbent body narrowing from each of the front portion and the back portion to the middle portion, the back insertion member being integrally formed with the absorbent body.
However, Glasgow teaches a sanitary napkin (abstract) wherein the absorbent body narrows from each of the front and back portion to the middle portion (fig. 1 shows primary absorbent member 30 described as a substantially hourglass shape where transverse end regions are wider than the central region, col. 6, lines 18-39).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Tanio such that the absorbent body narrows from each of the front portion and the back portion to the middle portion, as taught by Glasgow, for the purpose of providing a suitable structure that approximates the anatomical shape of the crotch region and enhances comfort to the user (col. 6, lines 18-39).
Tanio, as modified by Bradley, does not teach wherein the back insertion member is integrally formed with the absorbent body.
However, Lassen teaches a sanitary protection device (abstract) wherein a similar raised portion of a pad (fig. 1, raised section 34 to fit comfortably between the buttocks, col. 5, lines 1-12) utilizes structure from the absorbent core (46, 48) and is thus integral to the absorbent body (fig. 6 shows raised portion of the pad 34, fig. 7 shows said raised portion formed of the two sections of absorbent 46 and 48 described in col. 4, lines 53-63).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed in Tanio in view of Bradley such that the back insertion member is integrally formed with the absorbent body, as taught by Lassen, for the purpose of providing a suitable means of utilizing existing absorbent material as opposed to needing to add extra absorbent material to save on material, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S 164 (1893).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON W LEVY whose telephone number is (571)272-7582. The examiner can normally be reached M-F 7:30AM- 4:00 PM.
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/Brandon W. Levy/Examiner, Art Unit 3781