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 Objections
Claim 18 is objected to because of the following informalities:
Claim 18, ln. 3 should read ---one [[grove]] groove or channel defined on the surface---
Appropriate correction is required.
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 17-25 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.
Claim 17 recites the limitation "the wearer’s anatomy" in ln. 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 18-25 are rejected due to dependency on claim 17.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-6, 9, 11-12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yahiaoui et al. (Pub. No.: US 2005/0136773 A1).
Regarding claim 1, Yahiaoui discloses (fig. 1-2) a removable undergarment (disposable diaper 10) for directing fluid away from a user (¶ 0005), the undergarment comprising:
A topsheet (liquid permeable topsheet 22, ¶ 0048);
An absorbent core (absorbent body 24, ¶ 0048); and
A liquid impermeable layer (surge management layer 34 which may comprise hydrophobic materials, ¶ 0069 and is thus considered to be liquid impermeable) disposed beneath the topsheet and above the absorbent core (¶ 0050, fig. 1-2),
Wherein the liquid impermeable layer is only disposed beneath a portion of the topsheet and above a portion of the absorbent core which corresponds to a urethra of the user when the undergarment is worn by the user (¶ 0072-¶ 0073).
While Yahiaoui does not explicitly disclose “wherein the liquid impermeable layer is configured to prevent bacteria disposed within the portion of the absorbent core which corresponds to the urethra of the user when the undergarment is worn by the user from contacting the urethra of the user”, such limitation relates to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. The liquid impermeable layer of Yahiaoui is configured to reduce flowback from the undergarment to the user’s skin (¶ 0004-¶ 0005) and is thus capable of preventing bacteria disposed within the portion of the absorbent core which corresponds to the urethra of the user when the undergarment is worn by the user from contacting the urethra of the user and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
Regarding claim 3, Yahiaoui discloses wherein the liquid impermeable layer is at least partially impermeable to liquid (the surge layer may be formed from a material that is substantially hydrophobic, ¶ 0069).
Regarding claim 4¸ Yahiaoui discloses wherein the liquid impermeable layer is at least partially hydrophobic (the surge layer may be formed from a material that is substantially hydrophobic, ¶ 0069).
Regarding claim 5, Yahiaoui where the liquid impermeable layer comprises of at least one of the following: polyethylene, polyester, polypropylene, polyurethane, polyvinyl chloride, ethylene-vinyl acetate, polytetrafluoroethylene, expanded polytetrafluoroethylene, Gore-Tex®, silicone, or any polymer, elastomer, rubber, composite, fabric, woven fiber, spunbound fiber, membrane, film, coating or a layer comprising a degree of liquid impermeability or hydrophobicity, or both (¶ 0069-¶ 0070).
Regarding claim 6, Yahiaoui discloses where the liquid impermeable layer comprises at least one of the following: antibacterial material, antiviral material, bacteriostatic material, bactericidal material, antifungal material, moisturizing material, or infection indicating material (¶ 0059).
Regarding claim 9, Yahiaoui discloses wherein the liquid impermeable layer is disposed within a front portion of the undergarment (¶ 0072-¶ 0073).
Regarding claim 11, Yahiaoui discloses where the liquid impermeable layer comprises a shape configured to only be disposed directly beneath the vaginal and urethral openings if the person wearing the undergarment is female and directly beneath the glans and urethra of the penis if the person wearing the undergarment is male (¶ 0072-¶ 0073).
Regarding claim 12¸ Yahiaoui discloses a border area adjacent to the liquid impermeable layer, the border area providing direct communication between the topsheet and the absorbent core (fig. 1-2).
Regarding claim 14, Yahiaoui discloses a distribution layer disposed between the liquid impermeable layer and the absorbent core (¶ 0066).
Claim(s) 17-21 and 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Osborn, III et al. (US Pat. No.: 5,647,862), hereinafter Osborn.
Regarding claim 17, Osborn discloses a method for distributing fluid (abstract) in a person wearing a removable undergarment (sanitary napkin 20),the method comprising:
Contacting a topsheet (38) of the undergarment to a portion of the wearer’s anatomy (col. 5, ln. 25-30);
Absorbing a fluid received from the wearer through the topsheet (col. 5, ln. 15-17);
Absorbing a fluid received from the wearer through the topsheet (col. 5, ln. 15-20);
Directing the received fluid across a surface of a liquid impermeable layer (fluid directing strip) and to at least one outer edge of the liquid impermeable layer (col. 10, ln. 1-7); and
Absorbing the fluid within a core (42) beneath the liquid impermeable layer (col. 10, ln. 1-7).
Osborn fails to explicitly disclose that the method is for reducing bacterial infections in a person wearing the removable undergarment. However, Osborn discloses that the method reduces the tendency to allow liquids to pass back through and rewet the wearer’s skin such that the body remains dry and thereby reducing body soiling (col. 5, ln. 43-60). Thus, the feature of reducing bacterial infections is inherent to the method of Osborn as liquids, such as urine, are moved away from the user’s skin.
It is further noted: “where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705,709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775,227 USPQ 773 (Fed. Cir. 1985)”.
Regarding claim 18, Osborn discloses (fig. 9) where the directing the received fluid across the surface of the liquid impermeable layer comprises directing the received fluid through at least one groove or channel (92) defined on the surface of the liquid impermeable layer (col. 13, ln. 12-15).
Regarding claim 19, Osborn discloses where directing the received fluid across the surface of the liquid impermeable layer comprises directing the received fluid across a front portion of the undergarment (col. 10, ln. 1-7, see end regions 28 and 30 include the liquid impermeable layer, fig. 1).
Regarding claim 20, Osborn discloses where directing the received fluid to at least one outer edge of the liquid impermeable layer comprises directing the received fluid to a border area adjacent to the liquid impermeable layer and beneath the topsheet (fig. 1, col. 10, ln. 1-7).
Regarding claim 21, Osborn discloses wherein directing the received fluid across the surface of the liquid impermeable layer comprises directing the received fluid through at least one aperture defined through the liquid impermeable layer (col. 10, ln. 46-47).
Regarding claim 23, Osborn discloses preventing fluid absorbed by the core from recontacting the topsheet in contact with the portion of the wearer’s anatomy (col. 5, ln. 53-57).
Regarding claim 24, Osborn discloses distributing the fluid over a surface of the core after it has been directed off the at least one edge of the liquid impermeable layer (col. 10, ln. 1-10).
Regarding claim 25, Osborn discloses distributing the received fluid over the surface of the liquid impermeable layer after being absorbed through the topsheet (col. 8, ln. 43-48; col. 10, ln. 1-7).
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(s) 2, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yahiaoui, as applied to claim 1 above, and further in view of Osborn.
Regarding claim 2, Yahiaoui fails to disclose where the liquid impermeable layer comprises a plurality of grooves or channels configured to direct fluid to at least one outer edge of the liquid impermeable layer.
Osborn teaches (fig. 1-2, 9) a removable undergarment (sanitary napkin 20) and thus in the same field of endeavor, comprising: a liquid impermeable layer (fluid directing strip 48, col. 10, ln. 11-14), where the liquid impermeable layer comprises a plurality of grooves or channels (92, fig. 9) configured to direct fluid to at least one outer edge of the liquid impermeable layer (col. 13, ln. 12-15) in order to improve means for directional fluid distribution that distributes bodily exudates (col. 2, ln. 8-10).
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 liquid impermeable layer of Yahiaoui such that it comprises a plurality of grooves or channels configured to direct fluid to at least one outer edge of the liquid impermeable layer, as taught by Osborn, in order to improve means for directional fluid distribution that distributes bodily exudates (Osborn col. 2, ln. 8-10).
Regarding claim 13, Yahiaoui fails to disclose where the liquid impermeable comprises at least one aperture defined therein, with at least one aperture configured to direct fluid through the impermeable layer.
Osborn teaches (fig. 1-2) a removable undergarment (sanitary napkin 20) and thus in the same field of endeavor, comprising: a liquid impermeable layer (fluid directing strip 48, col. 10, ln. 11-14), where the liquid impermeable comprises at least one aperture defined therein, with at least one aperture configured to direct fluid through the impermeable layer (col. 10, ln. 46-47) in order distribute liquids to different portions of the absorbent core (col. 12, ln. 27-col. 13, ln. 4).
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 impermeable layer of Yahiaoui such that it comprises at least one aperture defined therein, with at least one aperture configured to direct fluid through the impermeable layer, as taught by Osborn, in order distribute liquids to different portions of the absorbent core (Osborn col. 12, ln. 27-col. 13, ln. 4).
Regarding claim 15¸ Yahiaoui fails to disclose a distribution layer disposed between the topsheet and the liquid impermeable layer.
Osborn teaches (fig. 1-2) a removable undergarment (sanitary napkin 20) and thus in the same field of endeavor, comprising:
A topsheet (38); an absorbent core (42) (col. 4, ln. 55-58); and a liquid impermeable layer (fluid directing strip 48; col. 10, ln. 11-14) disposed beneath the topsheet and above the absorbent core and a distribution layer (absorbent strip 46; col. 11, ln. 54-56) disposed between the topsheet and the liquid impermeable layer (col. 4, ln. 61-67), the distribution layer configured to allow liquid to be wicked and distributed to the ends of the absorbent core (col. 4, ln. 54-56) such that liquids are distributed to different portions of the absorbent core (col. 12, ln. 27-col. 13, ln. 4).
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 removable undergarment of Yahiaoui such that it includes the distribution layer disposed between the topsheet and the liquid impermeable layer, as taught by Osborn, in order to provide a layer configured to allow liquid to be wicked and distributed to the ends of the absorbent core (Osborn col. 4, ln. 54-56) such that liquids are distributed to different portions of the absorbent core (Osborn col. 12, ln. 27-col. 13, ln. 4).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yahiaoui, as applied to claim 1 above, and further in view of Isserow et al. (Pub. No.: US 2014/0206947 A1).
Regarding claim 7, Yahiaoui fails to disclose wherein the liquid impermeable layer comprises at least one light source configured to provide microbe killing visible light, wherein the light intermittently or constantly illuminates the topsheet, the impermeable layer, or the absorbent core.
Isserow teaches (fig. 1-2) a treatment device (1) for directing fluid away from a user (¶ 0090) and thus analogous to the claimed invention, the device comprising: at least one light source (lighting mechanism 75) configured to provide microbe killing visible light (¶ 0007), wherein the light is intermittently or constantly illuminating a surface (¶ 0075).
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 impermeable layer of Yahiaoui such that it comprises at least one light source configured to provide microbe killing visible light as taught by Isserow, in order to kill bacteria and prevent bacterial infections. Further, 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 light source of Yahiaoui in view of Isserow such that the light is intermittently or constantly illuminates the topsheet, the impermeable layer, or the absorbent core, as such surfaces are configured to receive urine and are thus susceptible to microbes.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yahiaoui, as applied to claim 1 above, in view of Edward (Pub. No.: US 2011/0022011 A1) and further in view of Sharma et al. (Pub. No.: US 2021/0353450 A1).
Regarding claim 8, Yahiaoui fails to disclose where the liquid impermeable layer comprises an inlet and a first connector configured to deliver an anti-microbial substance or drying material to the liquid impermeable layer and an outlet and a second connector configured to transport the anti-microbial substance or drying material out the undergarment.
Edward teaches (fig. 1) a device (apparatus 10) for directing fluid away from a user (¶ 0024) and thus in the same filed of endeavor, comprising: an inlet and a first connector (110) configured to deliver an anti-microbial substance (flushing fluids 115, ¶ 0014) or drying material to the device (¶ 0024) and an outlet and a second connector (130) configured to transport the antimicrobial substance or drying material out of the device (¶ 0024) in order to protect the user from contaminants and irritants (¶ 0015).
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 liquid impermeable layer of Yahiaoui such that it comprises an inlet and a first connector configured to deliver an anti-microbial substance or drying material to the liquid impermeable layer and an outlet and a second connector configured to transport the anti-microbial substance or drying material out the undergarment, as taught by Edward, in order to provide a mechanism for providing an anti-microbial substance in order to protect the user from contaminants and irritants (¶ 0015).
Yahiaoui in view of Edward fail to disclose that the anti-microbial substance is transported into an external bag.
Sharma teaches (fig. 5A) a device (urine collection device 1) for directing fluid away from a user (abstract) and thus in the same filed of endeavor, comprising: an outlet and a second connector (drain tube 43) configured to transport fluid out of the device and into an external bag (urine collection reservoir 43, ¶ 0142) as such bag may be disposed of (¶ 0142).
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 outlet and second connector of Yahiaoui in view of Edward such that it is configured to transport material into an external bag, as taught by Sharma, in order to dispose of the fluid (Sharma, ¶ 0142).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yahiaoui, as applied to claim 9 above, and further in view of Yllanes Nauca (Pub. No.: US 2021/0059870 A1).
Regarding claim 10, Yahiaoui fails to disclose a stool blocker disposed between the front portion of the undergarment and a back portion of the undergarment.
Yllanes Nauca teaches (fig. 1-2) a removable undergarment (diaper, abstract) and thus in the same field of endeavor, comprising a stool blocker (anatomical separator 5) disposed between the front portion of the undergarment and a back portion of the undergarment (fig. 1-2) in order to prevent stool and urine deposited in the undergarment from mixing and causing diseases and prevents microorganism generation (¶ 0037).
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 undergarment of Yahiaoui such that it comprises a stool blocker disposed between the front portion of the undergarment and a back portion of the undergarment, as taught by Yllanes Nauca, in order to prevent stool and urine deposited in the undergarment from mixing and causing diseases and prevents microorganism generation (Yllanes Nauca ¶ 0037).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yahiaoui, as applied to claim 1 above, and further in view of Hao et al. (Pub. No.: US 2015/0133884 A1).
Regarding claim 16, Yahiaoui fails to disclose a distribution layer disposed coplanar with the liquid impermeable layer.
Hao teaches (fig. 1-2A) a removable undergarment (overnight pad 10) and thus in the same field of endeavor, comprising: a distribution layer disposed coplanar with a layer (see additional layers 50 and 60, fig. A, ¶ 0044, ¶ 0076) in order to guide fluid in the front portion of the undergarment from a user’s vaginal opening and the second portion of the undergarment from a user’s buttock’s region (¶ 0047).
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 undergarment of Yahiaoui such that it comprises a distribution layer disposed coplanar with the liquid impermeable layer, as taught by Hao, in order to guide fluid in the front portion of the undergarment from a user’s vaginal opening and the second portion of the undergarment from a user’s buttock’s region (Hao ¶ 0047).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborn, as applied to claim 17 above, and further in view of Yllanes Nauca.
Regarding claim 22, Osborn fails to disclose blocking stool received from the wearer from entering a portion of the undergarment.
Yllanes Nauca teaches (fig. 1-2) method comprising a removable undergarment (diaper, abstract) and thus in the same field of endeavor, comprising blocking stool received from the wearer from entering a portion of the undergarment (¶ 0037) in order to prevent stool and urine deposited in the undergarment from mixing and causing diseases and prevents microorganism generation (¶ 0037).
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 method of Osborn such that it comprises blocking stool received from the wearer from entering a portion of the undergarment, as taught by Yllanes Nauca, in order to prevent stool and urine deposited in the undergarment from mixing and causing diseases and prevents microorganism generation (Yllanes Nauca ¶ 0037).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hermeniuis et al. (Pub. No.: US 2021/0169704 A1) discloses an undergarment having an impermeable layer. Roe et al. (Pub. No.: US 2006/0241555 A1) discloses an undergarment having an impermeable layer.
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/MEAGAN NGO/Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781