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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10, 12-15, 17-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Griffin (US 20170042748 A1).
Regarding Claim 1, Griffin discloses an incontinence device for males (Fig 1 ¶[0031] male urine cup 100), comprising:
a. a tubular body having a closed distal end and an open proximal end for receiving a penis (Fig 1-2 ¶[0034] 100 comprises tubular body 111 with a closed distal end 115 and an open proximal end 128 for receiving a penis 110);
b. at least one retaining device for securing the tubular body to the penis (Fig 1-2 ¶[0032] closure strap 116 comprises at least one securing tab 116a to secure 111 to the penis 110); and
c. an absorbent core internal to the tubular body for absorbing urine (Fig 6 ¶[0038] absorbent core comprises 139 and 142 internal to body 111).
Regarding Claim 2, Griffin discloses that the at least one retaining device comprises a fastener selected from the group consisting of adhesive tape, stretch tape, hook, and loop fastener (Fig 1 ¶[0032] 116a may comprise tape or hook and loop fasteners).
Regarding Claim 3, Griffin discloses that the absorbent core comprises a nonabsorbent retainer and an absorbent filler (Fig 6 ¶[0038-0040] absorbent core comprises fluid impermeable inner layer 138 and absorbent core 142.)
Regarding Claim 4, Griffin discloses that the absorbent filler comprises a mixture of superabsorbent polymer (SAP) and villous pulp (Fig 6 ¶[0043][0064] 142 may comprise a mixture of fluffed wood pulp and a super absorbent polymer).
Regarding Claim 5, Griffin discloses that the tubular body is formed from a cladding layer comprising a non-porous material (Fig 6 ¶[0042] outer layer 140 is formed from a polyolefin film).
Regarding Claim 6, Griffin discloses a plurality of retaining devices for securing the tubular body to the penis (Fig 1-4 and 7, ¶[0059] stretchable waistband 143 and fastener strip 120 may assist in securing the tubular body 111 to the penis).
Regarding Claim 7, Griffin discloses that the tubular body is configured to hold a volume of urine ranging from minor leakage events to overnight leakage events (¶[0038] absorbent core may retain 8 to 16 ounces of urine).
Regarding Claim 8, Griffin discloses that the tubular body is configured to remain in position during sleep and during moderate to strenuous physical activity (¶[0032] 100 is secured to the shaft of the penis).
Regarding Claim 9, Griffin discloses that the tubular body is configured to prevent leakage of urine during use (¶[0010] no leakage).
Regarding Claim 10, Griffin discloses that the tubular body is configured to be disposable after use (¶[0010] disposable).
Regarding Claim 12, Griffin discloses an incontinence device for males (Fig 1 ¶[0031] male urine cup 100), comprising:
a. a tubular body having a closed distal end and an open proximal end for receiving a penis (Fig 1-2 ¶[0034] 100 comprises tubular body 111 with a closed distal end 115 and an open proximal end 128 for receiving a penis 110);
b. at least one retaining device for securing the tubular body to the penis (Fig 1-2 ¶[0032] closure strap 116 comprises at least one securing tab 116a to secure 111 to the penis 110);
c. an absorbent core internal to the tubular body for absorbing urine (Fig 6 ¶[0038] absorbent core comprises 139 and 142 internal to body 111); and
d. said tubular body is configured to be disposable after use (¶[0010] disposable).
Regarding Claim 13, Griffin discloses that the tubular body is selected from the group consisting of latex, silicone, and a flexible plastic material (¶[0070] outer layer of 111 may be constructed from petroleum-based plastic, plastic-treated material, polyethylene film and bioplastic).
Regarding Claim 14, Griffin discloses that the at least one retaining device comprises a fastener selected from the group consisting of adhesive tape, stretch tape, hook, loop fastener, straps, belts, buckle, a snap and magnetic closure device (Fig 1 ¶[0032] 116a may comprise tape or hook and loop fasteners).
Regarding Claim 15, Griffin discloses that the absorbent core comprises a nonabsorbent retainer and an absorbent filler and said absorbent filler is selected from the group comprising cotton, cellulose, and a superabsorbent polymer (Fig 6 ¶[0038-0040] absorbent core comprises fluid impermeable inner layer 138 and absorbent core 142. ¶[0043][0064] 142 may comprise a mixture of fluffed wood pulp and a super absorbent polymer).
Regarding Claim 17, Griffin discloses that the tubular body is formed from a cladding layer comprising a non-porous material (Fig 6 ¶[0042] outer layer 140 is formed from a polyolefin film) and said cladding layer is made from a breathable material to promote comfort and reduce skin irritation (Fig 6 ¶[0042] 140 will have a breathable attribute so air can pass through).
Regarding Claim 18, Griffin discloses a plurality of retaining devices for securing the tubular body to the penis (Fig 1-4 and 7, ¶[0059] stretchable waistband 143 and fastener strip 120 may assist in securing the tubular body 111 to the penis) and said retaining devices are adjustable to accommodate different penis sizes and shapes (Fig 1 ¶[0032] closure strap 116 comprises stretchable extension member 118 and refastenable tab 116a, thus allowing adjustability when securing the strap 116).
Regarding Claim 20, Griffin discloses that the tubular body is configured to remain in position during sleep and during moderate to strenuous physical activity (¶[0032] 100 is secured to the shaft of the penis).
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.
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 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Griffin (US 20170042748 A1) in view of Lin (US 20030149409 A1).
Regarding Claim 11, Griffin is silent whether the tubular body is configured for multiple uses with a washable or replaceable absorbent core.
However, Lin teaches an incontinence device for males, thus from the same field of endeavor, wherein the tubular body is configured for multiple uses with a washable or replaceable absorbent core (Fig 7 ¶[0028] pouch 30 is reusable with replaceable sanitary napkin 50) to dispose of the sanitary napkin to eliminate odor and avoid urine from being disturbed and allow a new sanitary napkin to be placed (¶[0028]).
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 of Griffin so that the tubular body is configured for multiple uses with a washable or replaceable absorbent core, as taught by Lin to dispose of the absorbent core to eliminate odor and avoid urine from being disturbed and allow a new absorbent core to be placed (as motivated by Lin ¶[0028]).
Regarding Claim 19, Griffin discloses that the tubular body is configured to hold a volume of urine ranging from minor leakage events to overnight leakage events (¶[0038] absorbent core may retain 8 to 16 ounces of urine).
Griffin is silent whether said tubular body may include a graduated scale to indicate the volume of urine collected.
However, Lin teaches an incontinence device for males, thus from the same field of endeavor, wherein said tubular body may include a graduated scale to indicate the volume of urine collected (Fig 1, 30 includes a graduated scale as seen in Figs 1-7, once urine reaches the top of the scale, it should be replaced) to provide an indication of when the tubular body must be emptied or replaced (¶[0024]).
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 of Griffin so that said tubular body may include a graduated scale to indicate the volume of urine collected, as taught by Lin to provide an indication of when the tubular body must be emptied or replaced (as motivated by Lin ¶[0024]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Griffin (US 20170042748 A1) in view of Shiomi (US 20060282055 A1).
Regarding Claim 16, Griffin discloses that the absorbent filler comprises a mixture of superabsorbent polymer (SAP) and villous pulp (Fig 6 ¶[0043][0064] 142 may comprise a mixture of fluffed wood pulp and a super absorbent polymer).
Griffin is silent whether the absorbent core comprises rayon and bamboo fiber.
However, Shiomi teaches that the absorbent filler comprises a mixture of superabsorbent polymer (SAP), villous pulp, rayon and bamboo fiber (Fig 2 ¶[0190-0192] absorbent pad 3 may comprise flocculent pulp, SAP, absorbent fibers of rayon, bamboo, etc) in order to provide well known absorbent materials (¶[0190]).
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 of Griffin so that the absorbent filler comprises a mixture of superabsorbent polymer (SAP), villous pulp, rayon and bamboo fiber, as taught by Shiomi in order to provide well known absorbent materials (as motivated by Shiomi ¶[0190]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY LEE FLYNN whose telephone number is (571)272-8255. The examiner can normally be reached Monday-Friday 7:30-5 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
TIMOTHY LEE. FLYNN
Examiner
Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781