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 .
Claims 1-20 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. 63/579,048 filed on 08/28/2023.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 112(a) as follows: The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/579,048, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The prior-filed application does not provide support in the specification for the limitations of claims 3-5, 8, 10-13, and 18-20 in the instant application. Regarding claims 3-5, 11-13, and 18-20, Application No. '048 fails to provide support for a methane threshold level. Regarding claim 8, Application No. ‘048 fails to provide support for a gas-permeable casing. Regarding claim 10, Application No. ‘048 fails to provide support for transmission being done by a Bluetooth transmitter. Accordingly, claims 3-5, 8, 10-13, and 18-20 do not receive priority of the application filed on 08/28/2023.
Claims 1-2, 6-7, 9, and 14-17 receive priority to the prior-filed application, 08/28/2023.
Claims 3-5, 8, 10-13, and 18-20 receive the filing date of the instant application, 02/02/2024.
Specification
The use of the term Bluetooth (para. 0032), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Claims 1, 6, and 17 recite the following limitation: “diaper device with methane sensor” in ln. 1. This should read “diaper device with a methane sensor”.
Claims 2-5, 7-16, and 18-20 recite the following limitation: “diaper device with methane sensor” in ln. 1. This should read “diaper device with the methane sensor”.
Claim 17 recites the following limitation: “and and changing the diaper once the mobile application has produced a notification”. This should read “and changing the diaper once the mobile application has produced a notification”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1 and 6 recite “[a] diaper device with methane sensor comprising…a mobile application comprised of a notification feature”. Claim 17 recites “a diaper device with methane sensor comprised of…a mobile application”. The claims read as though the mobile application is a part of the diaper. The applicant’s specification provides support for a mobile application that is downloaded by a user to a smart device (para. 0035) and that communicates with the transmitter of the sensor positioned in the diaper (para. 0032-0033); therefore, the claims do not comply with the written description requirement.
Claims 2-5, 7-16, and 18-20 are rejected for depending upon a rejected base claim.
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.
Claims 1 and 6 recite the limitation "[a] diaper device with methane sensor comprising…a mobile application comprised of a notification feature " in ln. 1 and 3. This limitation is indefinite in that it is unclear how a diaper device with a methane sensor can comprise a mobile application. The examiner is treating the claim as though the limitation reads “[a] notification system for a diaper device with a methane sensor comprising…a mobile application comprised of a notification feature”. Claim 17 comprises a similar limitation to that of claims 1 and 6 in ln. 3-4 and is treated similarly.
Claims 3, 11, and 18 recite “wherein the methane sensor is comprised of a methane threshold level” in ln. 1-2. This limitation is indefinite in that it is unclear how the methane sensor may be comprised or made from a methane threshold level. For the sake of compact prosecution, the examiner is treating the claim as though it reads “wherein the methane sensor measures a methane threshold level” as disclosed in applicant’s specification (para. 0012).
Claim 10 contains the trademark/trade name Bluetooth. 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 short-range wireless technology used for exchanging data employing ultra-high frequency radio waves and, accordingly, the identification/description is indefinite.
Claims 4-5, 7-9, 12-16, and 19-20 are rejected for depending upon a rejected base claim.
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 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.
Claims 1-6 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent no. 8,933,292 B2 to Abraham.
Regarding claim 1, Abraham discloses a notification system for a diaper device with a methane sensor (Fig. 1; Fig. 2; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2) comprising:
a diaper comprised of a pad and a fastener (Fig. 1, absorbent article 20 comprising absorbent structure and fastener 82; col. 9 ln. 53-59, “an absorbent structure disposed between the outer cover 40 and the bodyside liner 42”; col. 11 ln. 25-37);
a mobile application comprised of a notification feature (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 13 ln. 44-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”); and
a sensor positioned within the diaper (Fig. 2, sensor system comprising electronic sensor array 104 comprising sensors 100, controller 106, and signaling device 110 comprising transmitter 112; Fig. 5, second interior plate 132 of housing unit 102 comprising sensor system on the inside of absorbent article 20; col. 14 ln. 14-67), the sensor comprised of a transmitter in wireless electrical communication with the mobile application (Fig. 2, sensor system comprising electronic sensor array 104 comprising sensors 100, controller 106, and signaling device 110 comprising transmitter 112; col. 12 ln. 57-60, “data from the signaling device may be transmitted to a radio, computer, or smartphone through a wireless network or other means”).
Regarding claim 2, Abraham discloses the invention of claim 1. Abraham further discloses wherein the sensor is comprised of a methane sensor (Fig. 2, sensor system comprising electronic sensor array 104 comprising sensors 100, controller 106, and signaling device 110 comprising transmitter 112; col. 5 ln. 58-67 and col. 6 ln. 1-6).
Regarding claim 3, Abraham discloses the invention of claim 2. Abraham further discloses wherein the methane sensor measures a methane threshold level (Fig. 2, sensor system comprising electronic sensor array 104 comprising sensors 100, controller 106, and signaling device 110 comprising transmitter 112; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2).
Regarding claim 4, Abraham discloses the invention of claim 3. Abraham further discloses wherein once the methane threshold level has been met or is exceeded, the notification feature sends a notification (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”).
Regarding claim 5, Abraham discloses the invention of claim 1. Abraham further discloses wherein the notification is comprised of an email, a text, a phone call, an audible alert, a vibration alert, or a push notification (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”).
Regarding claim 6, Abraham discloses a notification system for a diaper device with a methane sensor (Fig. 1; Fig. 2; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2) comprising:
a diaper comprised of a pad and a fastener (Fig. 1, absorbent article 20 comprising absorbent structure and fastener 82; col. 9 ln. 53-59, “an absorbent structure disposed between the outer cover 40 and the bodyside liner 42”; col. 11 ln. 25-37);
a mobile application comprised of a notification feature (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 13 ln. 44-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”); and
a methane sensor surrounded by a casing, wherein the methane sensor is positioned within the diaper (Fig. 2, methane sensor system surrounded by housing unit 102 comprising electronic sensor array 104 comprising sensors 100, controller 106, and signaling device 110 comprising transmitter 112; Fig. 5, second interior plate 132 of housing unit 102 comprising sensor system on the inside of absorbent article 20; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 14 ln. 14-67) and is comprised of a transmitter in wireless electrical communication with the mobile application (Fig. 2, sensor system comprising electronic sensor array 104 comprising sensors 100, controller 106, and signaling device 110 comprising transmitter 112; col. 12 ln. 57-60, “data from the signaling device may be transmitted to a radio, computer, or smartphone through a wireless network or other means”).
Regarding claim 8, Abraham discloses the invention of claim 6. Abraham further disclose wherein the casing is comprised of a gas-permeable casing (Fig. 5, housing unit 102 comprising openings 108; col. 12 ln. 61-67 and col. 13 ln. 1-3).
Regarding claim 11, Abraham discloses the invention of claim 6. Abraham further discloses wherein the methane sensor measures a methane threshold level (Fig. 2, sensor system comprising electronic sensor array 104 comprising sensors 100, controller 106, and signaling device 110 comprising transmitter 112; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2).
Regarding claim 12, Abraham discloses the invention of claim 11. Abraham further discloses wherein once the methane threshold level has been met or is exceeded, the notification feature sends a notification (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”).
Regarding claim 13, Abraham discloses the invention of claim 12. Abraham further discloses wherein the notification is comprised of an email, a text, a phone call, an audible alert, a vibration alert, or a push notification (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”).
Regarding claim 14, Abraham discloses the invention of claim 6. Abraham further discloses wherein the diaper is comprised of an infant diaper (col. 1 ln. 58-67 and col. 2 ln. 1-12, “an electronic device that can detect body fluids such as urine and bowel movement components is highly desired, particularly for new users as well as users of adult care incontinent products”; col. 5 ln. 23-32).
Regarding claim 15, Abraham discloses the invention of claim 6. Abraham further discloses wherein the diaper is comprised of an child diaper (col. 1 ln. 58-67 and col. 2 ln. 1-12, “an electronic device that can detect body fluids such as urine and bowel movement components is highly desired, particularly for new users as well as users of adult care incontinent products”; col. 5 ln. 23-32).
Regarding claim 16, Abraham discloses the invention of claim 6. Abraham further discloses wherein the diaper is comprised of an adult diaper (col. 1 ln. 58-67 and col. 2 ln. 1-12, “an electronic device that can detect body fluids such as urine and bowel movement components is highly desired, particularly for new users as well as users of adult care incontinent products”; col. 5 ln. 23-32).
Regarding claim 17, Abraham discloses a method of using a notification system for a diaper device with a methane sensor (Fig. 1; Fig. 2; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2), the method comprising the following steps:
providing a notification system for a diaper device with a methane sensor (Fig. 1; Fig. 2; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2) comprised of a diaper comprised of a methane sensor and a mobile application (Fig. 1, absorbent article 20 comprising absorbent structure and fastener 82; col. 9 ln. 53-59, “an absorbent structure disposed between the outer cover 40 and the bodyside liner 42”; col. 11 ln. 25-37; Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 13 ln. 44-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”);
placing the diaper on an infant, a child, or an adult (col. 1 ln. 58-67 and col. 2 ln. 1-12, “an electronic device that can detect body fluids such as urine and bowel movement components is highly desired, particularly for new users as well as users of adult care incontinent products”; col. 5 ln. 23-32); and
changing the diaper once the mobile application has produced a notification (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 2 ln. 7-12; col. 13 ln. 44-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”).
Regarding claim 18, Abraham discloses the invention of claim 17. Abraham further discloses wherein the methane sensor measures a methane threshold level (Fig. 2, sensor system comprising electronic sensor array 104 comprising sensors 100, controller 106, and signaling device 110 comprising transmitter 112; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2).
Regarding claim 19, Abraham discloses the invention of claim 18. Abraham further discloses wherein once the methane threshold level has been met or is exceeded, the notification is sent (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”).
Regarding claim 20, Abraham discloses the invention of claim 17. Abraham further discloses wherein the notification is comprised of an email, a text, a phone call, an audible alert, a vibration alert, or a push notification (Fig. 4, block diagram of electrical communication between transmitter 112 and computer device or smart phone adapted to analyze and generate a report for access by a user; col. 5 ln. 58-67 and col. 6 ln. 1-6; col. 13 ln. 16-67 and col. 14 ln. 1-2, “[w]hen sent to a computer device or smart phone, the alert may be visual or auditory, or the alert may be stored as data along with previous or future alerts”).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Abraham as applied above, and further in view of CN/112666310 A to Hou.
Regarding claim 7, Abraham discloses the invention of claim 6; however, Abraham differs from the instantly claimed invention in that Abraham fails to disclose wherein the casing is comprised of a waterproof casing.
Hou teaches a gas concentration sensor wherein the casing is comprised of a waterproof casing (para. 0034-0035; para. 0040; Fig. 2-3, gas concentration sensor comprising casing formed from 11 connectors).
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 methane sensor of Abraham to further comprise a casing as taught by Hou, because Hou teaches that providing detection holes on the packaging shell of a gas concentration detection device allows for some water or solution to enter the device which can affect normal operation of the device (para. n0002), and that their invention of a casing that is waterproof and gas-permeable prevents liquid from entering the device while still allowing for gases to pass through for detection by the sensors (para. n0034-n0035).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Abraham as applied above, and further in view of US/2018/0333306 A1 to Ahong.
Regarding claims 9-10, Abraham discloses the invention of claim 6. Abraham further discloses wherein the transmitter is comprised of a wireless transmitter (col. 12 ln. 57-60, “data from the signaling device may be transmitted to a radio, computer, or smartphone through a wireless network or other means”); however, Abraham differs from the instantly claimed invention in that Abraham fails to disclose (Claim 9) wherein the transmitter is comprised of a Wi-Fi transmitter or (Claim 10) wherein the transmitter is comprised of a Bluetooth transmitter.
Ahong teaches a diaper detection system comprising a transmitter that sends signals via any suitable form of wireless communication, such as Bluetooth or WiFi (para. 0228).
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 transmitter of Abraham to be a Bluetooth or WiFi transmitter as taught by Ahong, because Abraham discloses that data may be transmitted through a wireless network or other means (col. 12 ln. 57-60) and Ahong teaches that Bluetooth and WiFi are suitable means for wireless transmission (para. 0228).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US/2018/0253957 A1 to Jhangiani discloses a soiled diaper detection system comprising a methane sensor. US/2015/0212034 A1 to Ansley discloses a bowel movement detection system for use in the home.
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
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781