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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “power button” claimed in independent claims 1 and 8 must be shown or the feature canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: internal surface 12;
external surface 13
front surface 10
right leg chute 22
front face 70
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: elements 23 and 25 in Figure 3; and element 24 in Figure 10.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the urinary pad 51 having an emergency urine drainage spout 31 as described in the specification (published application US 2024/0261157; paragraph 0017).
Additionally, the specification discusses a ‘rubber valve’ as a component of the drainage spout (US 2024/0261157; paragraph 0021), which is not shown in the drawings.
Figure 10 also does not show the following details: element 5 to denote the fecal pouch; and the fecal pouch external surface 33 and internal surface 32. Additionally, the fecal pouch and urinary pouch both use 32 and 33 to denote internal and external surfaces. For purposes of clarification, the examiner suggests using different numbers to describe the internal and external surfaces of the fecal pouch since it is a separate element from the urinary pouch.
Figure 11 shows a pouch, but the pouch is not labeled. The drawing should show labeling of element 5 to denote the fecal pouch. Additionally, number 5 has been designated as the fecal pouch 5 and is also used to describe the fecal bag (paragraph 0024). The descriptions used in the specification, drawings, and claims should be consistent. Figures 10 and 11 also do not show the details of the left wire 17 and right wire 18, the routing of the wires into or through the waist band 2, and the structure of the wires in relation to the right and left release clamps 62 and 63, respectively, which is necessary for understanding the invention. Correction is required.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because: reference character “41” has been used to designate both a left wall and a left edge;
reference character “45” has been used to designate both a right wall and a right edge; and
reference character “46” has been used to designate both a left end and a first angled edge (published application US 2024/0261157; paragraph 0022)
reference characters “32” and “33” have been used to designate the internal and external surfaces, respectively of the urinary pouch 4 and the fecal pouch 5
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Note: In the specification, the figure ‘title’ should accompany the description of drawings (figures). In the present application, the elements are directed to multiple figures in the drawings. For the purpose of clarifying the invention, elements should describe the figure being discussed. As an example, “Fig. 3 shows left leg chute 21 and right leg chute 22 of the body element 3 with a urinary pouch 4 attached.”
Specification
The abstract of the disclosure is objected to because the abstract contains the following informalities: In line 8, “there are wires that run from the run” should read, “there are wires that fun from the front”. In line 9, “claps” should be “clasps”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The use of the term Velcro, 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. The terms “urinary Velcro” (published application US 2024/0261157; paragraph 0022) and “fecal Velcro” (paragraph 0023) are used to describe the Velcro fastener, element 52 (Figure 8) and element 61 (Figure 10). The description is a misnomer. The terms Velcro™ or ‘hook and loop fasteners’ are more apparent. For example, “hook and loop fasteners surrounding the fecal aperture 64” provides some clarification.
Additionally, the term “Poop Bag” is used throughout the specification. Is that a trade name for the invention? If so, the terminology should be have proper symbols as discussed above.
The disclosure is objected to because of the following informalities: the term “DPP” is used with reference to the pouch element (published application US 2024/0261157; paragraphs 0017 and 0020). There is no explanation or antecedent basis for this term in specification.
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claims 1 and 8 recite the limitation “power button”, which is not taught in the present disclosure.
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.
12. Claims 1-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for an adult diaper having left and right wires adapted to release a fecal pouch, does not reasonably provide enablement for the use of a power button. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
Case law holds that applicant's specification must be "commensurately enabling [regarding the scope of the claims]" Ex parte Kung, 17 USPQ2d 1545, 1547 (Bd. Pat. App. Inter. 1989) otherwise undue experimentation would be involved in determining how to practice and use applicant's invention. Although the statute itself does not use the phrase "undue experimentation", it has been interpreted to require that the claimed invention be enabled so that any person skilled in the art can make and use the invention without undue experimentation as stated in Ex parte Forman, 230 USPQ 546, 547 (Bd. Pat. App. Inter. 1986) and in In re Wands, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988).
Specifically, in In re Wands the Court set forth a non-exhaustive list of factors to be considered in determining whether undue experimentation would be involved in making and/or using the claimed invention. These factors include, but are not limited to:
(a) the breadth of the claims;
(b) the nature of the invention;
(c) the state of the prior art;
(d) the level of one of ordinary skill;
(e) the level of predictability in the art;
(f) the amount of direction provided by the inventor;
(g) the existence of working examples; and
(h) the quantity of experimentation needed to make or use the invention based on the content of the disclosure.
Claims 1 and 8 claim the diaper comprises a power button in combination with an elastic band, a body element, left and right wires, left and right release clamps, a urinary pouch, and a fecal pouch. However, there is no mention in the specification of a power button in the structure of the invention. In fact, the present invention teaches the operation involves releasing the clamps by pulling the plastic wires (published application 2024/0261157; paragraph 0024).
Based on the amount of direction provided by the inventor (Wands Factor F) and the level of one of ordinary skill in the art (Wands Factor D), one of ordinary skill in the art would not be apprised on how to make the invention as the disclosure contains no embodiments with a power button.
13. 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.
14. Claims 4-6, 11, and 12 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. The use of the term “Velcro” 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.
Allowable Subject Matter
15. Claims 1-13 contain allowable subject matter. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
16. The following is a statement of reasons for the indication of allowable subject matter: The examiner considers the closest prior art to be the following:
1) Qui US Patent Application Publication 2020/0323706 – Qui teaches a disposable nursing device with urine and fecal pouches and can be worn by males or females. Qui teaches each of the pouches registers with an opening in the disposable device (Qui Figures 1-7; Abstract, paragraphs 0005, 0007, 0011, 0027, 0029, 0032). Qui does not teach or suggest the structure of independent claims 1 and 8, including left and right wires, and left and right release clamps.
2) Cannon et al. USPN 11,273082 – Cannon teaches a brief with a resilient stretchable material and rectangular cut-out 119 which may allow feces and urine to flow in between absorbent article 110 and a layer of padding 112, trapping and absorbing the urine and feces (Fig. 2; col. 3, lines 37-45). Cannon teaches the urine and feces containment brief for males may also have a sling 114 with straps, creating a pouch (col. 4, lines 20-30). Cannon does not teach or suggest the structure of independent claims 1 and 8, including left and right wires, and left and right release clamps.
3) Khan USPN 4968312 – Khan teaches a disposable diaper with a fecal compartment. Khan teaches an opening 32,40 and a disposal bag 66 that is pulled through the opening (Khan Figures 1-4). The pouch 66 includes a loop 68 that is pulled to release the bag, and the bag and strings or ties 70 are optionally provided on the outside surface near the attached end. The ties encompass the bag 66 allowing it to be gathered together and tied off (Khan Figures 5 and 6; col. 6, lines 30-47). However, Khan does not teach or suggest the structure of independent claims 1 and 8, including left and right wires, and left and right release clamps.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
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, 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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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781