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 § 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 5-6 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 5 and 6 recite the limitation "the paths of the leg opening edges" in lines 2 and 3, respectively. There is insufficient antecedent basis for this limitation in the 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 (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, 3 and 7 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Beck et al. (US 2006/0070163).
With reference to claim 1, Beck et al. (hereinafter “Beck”) discloses a durable absorbent pant [0003], comprising:
an outer pant structure comprising:
a front waist portion with a front waist edge (see annotated figure 1 below);
a rear waist portion with a rear waist edge (opposite rear of garment);
a crotch portion having a forward portion meeting the front waist portion and a rearward portion meeting the rear waist portion (see annotated figure 1 below); and
left and right hip side portions at which the front waist portion meets the rear waist portion to form a waist opening with a waist opening edge comprising the front waist edge and the rear waist edge, and to form left and right leg openings with left and right leg opening edges (see annotated figure 1 below); and
a gusset assembly disposed at least partially in the crotch portion (figure 3), the gusset assembly having a wearer-facing surface, an outward-facing surface and a perimeter edge (figures 4-9), and comprising:
an absorbent layer (14B disclosed as including cotton in [0018]);
a liquid-impermeable barrier layer (14C) disposed beneath the absorbent layer (see figures 4-9),
the barrier layer comprising an outward-facing surface of the gusset assembly (see figures 4-9); and
an edge barrier that overlies portions of the wearer-facing surface proximate the perimeter edge within the crotch portion and effectively continues over and around the perimeter edge from the wearer-facing surface to the outward-facing surface in the crotch region, wherein the edge barrier comprises one or more section(s) of liquid impermeable edge sealing strip material (14D) joined to the barrier layer proximate the perimeter edge, or, wherein the edge barrier comprises an extension of the barrier layer (see annotate figure 9 below);
wherein the gusset assembly is affixed within the crotch portion by a pattern of discrete deposits of adhesive (i.e., adhesive strips) as set forth in [0045].
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As to claim 3, Beck discloses a durable absorbent pant wherein an area of an outward-facing surface of the gusset assembly, entirely surrounded by but longitudinally and laterally inboard of the perimeter edge, is not affixed to the crotch portion as shown in annotated figure 9 above.
Regarding claim 7, Beck discloses a durable absorbent pant wherein the deposits of adhesive affix one or both the barrier layer and edge barrier directly to the crotch portion as set forth in [0045] and as shown in figure 9.
Claims 8-10 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by Kajanthan et al. (US 2021/0177676).
Regarding claim 8, Kajanthan et al. (hereinafter “Kajanthan”) discloses a durable absorbent pant, comprising:
an outer pant structure comprising: a front waist portion with a front waist edge (figure 8A);
a rear waist portion with a rear waist edge (figure 8B);
a crotch portion having a forward portion meeting the front waist portion and a rearward portion meeting the rear waist portion (figures 6B and 6D); and
left and right hip side portions at which the front waist portion meets the rear waist portion to form a waist opening with a waist opening edge comprising the front waist edge and the rear waist edge, and to form left and right leg openings with left and right leg opening edges (figures 8A and 8B); and
a gusset assembly (100) disposed at least partially in the crotch portion (see figures), the gusset assembly having a wearer-facing surface, an outward-facing surface and a perimeter edge (see figures, especially figure 4C), and comprising:
an absorbent layer (104);
a liquid-impermeable barrier layer (106) disposed beneath the absorbent layer (figure 4C), the barrier layer comprising an outward-facing surface of the gusset assembly (figure 4C); and
an edge barrier (110) that overlies portions of the wearer-facing surface proximate the perimeter edge within the crotch portion and effectively continues over and around the perimeter edge from the wearer-facing surface to the outward-facing surface in the crotch region (figure 4C),
wherein the edge barrier comprises one or more section(s) of liquid impermeable edge sealing strip material joined to the barrier layer proximate the perimeter edge, or, wherein the edge barrier comprises an extension of the barrier layer [0049];
an extending flange (112) comprising a fabric material [0053] having a width, the entirety of the width being bonded (113) to the edge barrier, the flange extending laterally outboard beyond a proximate side edge of the absorbent layer in the crotch portion (figure 4C), the extending flange being affixed to the outer pant structure (200) as shown in figure 6C.
As to claim 9, Kajanthan discloses a durable absorbent pant wherein the gusset assembly comprises an elastic stretch knit fabric as set forth in [0065] and in [0031].
With respect to claim 10, Kajanthan discloses a durable absorbent pant wherein the barrier layer comprises an elastomeric film as set forth in [0041].
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Beck et al. (US 2006/0070163).
With reference to claims 2 and 4, Beck teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Beck and claims 2 and 4 is the provision that the deposits of adhesive in the pattern have a specific average size and/or shape.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the size of the of the adhesive as desired since it has been held that the mere change in size and/or shape of elements previously disclosed in the prior art is considered to be within the level of ordinary skill in the art.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Beck et al. (US 2006/0070163) and further in view of Kajanthan et al. (US 2021/0177676).
With reference to claim 5, Beck teaches the invention substantially as claimed as set forth in the rejection of claim 1.
The difference between Beck and claim 5 is the provision that the pattern of deposits of adhesive follow paths that generally parallel the paths of the leg opening edges and are disposed inboard thereof and proximate thereto.
Kajanthan teaches an analogous absorbent garment including a gusset having left and right lateral adhesive that follows paths that generally parallel the paths of the leg opening edges and are disposed inboard thereof and proximate thereto as set forth in [0071] and as shown in figures 4D and 6B.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Beck with adhesive that follows paths of the leg opening edges as taught by Kajanthan in order to minimize the risk of leakage through the pad as taught by Kajanthan in [0060].
As to claim 6, see the rejection of claim 5 and the figures which show the connection of the adhesive along programmed contours conforming to the paths of the leg openings as claimed.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kajanthan et al. (US 2021/0177676) and further in view of Sepello et al. (US 2021/0290447).
With reference to claim 11, Kajanthan teaches the invention substantially as claimed as set forth in the rejection of claim 8.
The difference between Kajanthan and claim 11 is the provision that the film is elastomeric.
Sepello et al. (hereinafter “Sepello”) teaches an analogous absorbent article wherein the edge barrier comprises an elastomeric film as set forth in [0079-0080].
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the barrier of Kajanthan with an elastomeric material as taught by Sepello in an effort to not substantially reduce the elastic elongation capabilities of the assembled layers as taught by Sepello in [0079].
With reference to claim 12, Kajanthan teaches the invention substantially as claimed as set forth in the rejection of claim 8.
The difference between Kajanthan and claim 12 is the provision that the article includes a supplemental elastic stretch knit fabric trip strip having a first strip portion affixed to the gusset assembly at a first attachment location and a second strip portion affixed to the front or rear waist portion at a second attachment location, wherein the deposits of adhesive are present at either or both the first attachment location and second attachment location.
Sepello teaches an analogous absorbent article including a supplemental elastic stretch knit fabric trip strip having a first strip portion (170a) affixed to the gusset assembly at a first attachment location and a second strip portion (170c) affixed to the front or rear waist portion at a second attachment location as shown in figure 2B. Sepello also discloses that the depos deposits of adhesive are present at either or both the first attachment location and second attachment locations as set forth in [0078-0079].
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sepello et al. (US 2021/0290447).
With reference to claim 13, Sepello discloses a durable absorbent pant (abstract), comprising:
an outer pant structure (figure 1) comprising:
a front waist portion with a front waist edge (figures 2A-2B);
a rear waist portion with a rear waist edge (figures 2A-2B);
a crotch portion having a forward portion meeting the front waist portion and a rearward portion meeting the rear waist portion (figures 2A-2B); and
left and right hip side portions at which the front waist portion meets the rear waist portion to form a waist opening with a waist opening edge comprising the front waist edge and the rear waist edge, and to form left and right leg openings with left and right leg opening edges (figure 1); and
a gusset assembly disposed at least partially in the crotch portion [0034], the gusset assembly having a wearer-facing surface, an outward-facing surface and a perimeter edge (figures 3A-3D), and comprising:
an absorbent layer (131b);
a liquid-impermeable barrier layer disposed beneath the absorbent layer (131c), the barrier layer comprising an outward-facing surface of the gusset assembly as set forth in figure 4.
Sepello also discloses that the gusset assembly is affixed to the outer pant structure in the front and rear waist portions, respectively, and is unaffixed to the outer pant structure along portions proximate the leg opening edges as set forth in [0035].
The difference between Sepello and claim 13 is the explicit recitation that the article includes an edge barrier that overlies portions of the wearer-facing surface proximate the perimeter edge within the crotch portion and effectively continues over and around the perimeter edge from the wearer-facing surface to the outward-facing surface in the crotch region, wherein the edge barrier comprises one or more section(s) of liquid impermeable edge sealing strip material joined to the barrier layer proximate the perimeter edge, or, wherein the edge barrier comprises an extension of the barrier layer.
It would have been obvious to one of ordinary skill in the art at the time of the invention to provide the article of Sepello with an edge barrier as claimed because Sepello acknowledges that a strip of hydrophobic tape may be affixed via adhesive along the inside leg opening edges and wrapped about the edges and around the outward-facing layer thereby sealing the edges of the layers at the leg edges and providing wearer-facing strip along the leg openings in an effort to hinder urine flow as set forth in [0080].
With reference to claim 14, Sepello teaches the invention substantially as claimed as set forth in the rejection of claim 13.
Sepello discloses that the gusset assembly is affixed to the outer pant structure at forward and rearward seam [0035] and that the article includes first and second lengths as claimed as shown in the figures.
The difference between Sepello and claims 14-15 is the provision that the first length is equal to or greater than the second length (cl. 14) or less than the second length (cl. 15).
Sepello teaches an article that is identical to that claimed in that the multiple layers and/or barriers may include elastic material as set forth throughout the disclosure, see for example, [0061-0063] and [0079-0080].
It would have been obvious to one of ordinary skill in the art at the time of the invention to adjust the elasticity/elongation of the layer(s) and/or barriers of the article to impart the desired result since the general disclosure of adjusting the elastic elongation capabilities has already been set forth by Sepello in [0079].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Greco et al. (US 11,701,267) discloses a garment with a moisture retention portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELE M KIDWELL whose telephone number is (571)272-4935. The examiner can normally be reached Monday-Friday, 7AM-4PM EST.
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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.
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/MICHELE KIDWELL/Primary Examiner, Art Unit 3781