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 1-8 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 1 recites the limitation "said pad member" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim, since a pad member is not introduced until later in the claim. It appears this limitation is intended to refer to the liner member.
Claim 1 recites the limitation "being journaled through" in lines 20 and 23. The word “journaled” is not being applied for its common definintion, but instead appears to be used in this context as a synonym for “tunneled” or “extended through”.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bryan et al. (10,327,962).
With respect to claim 1, Bryan discloses a sanitary napkin, as shown in figure 4, operable to be cleaned and reused, as disclosed in column 1, lines 29-30, comprising a liner member 400 having a first side and a second side, a first and a second end, and first and second longitudinal edges. First and second passages 420 and 426 are formed along the first and second longitudinal edges extending intermediate the first and second ends of the liner member, as shown in figure 4. A first securing member 463 is operably coupled to the first longitudinal edge and a portion thereof is journaled through the first passage 420, as shown in figure 4. A second securing member 467 is operably coupled to the second longitudinal edge and a portion thereof is journaled through the second passage 426, as shown in figure 4. A pad member 677, as shown in figure 6, comprises three layers having a middle layer of stuffed material between a lower side and an upper side, as disclosed in column 8, line 60, to column 9, line 7, the middle layer being manufactured from an absorbent material, as disclosed in column 8, lines 62-67.
Bryan discloses all aspects of the claimed invention with the exception of the liner member and pad member being rectangular in shape. Bryan shows in figures 4 and 6 that the liner and the pad are generally elongate, and discloses in column 8, lines 16-20, that they can be any elongated shape, but remains silent as to a rectangular shape. Absent evidence that a particular configuration is significant, changes in shape are an obvious matter of design choice. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the liner member and pad member of Bryan rectangular, since it has been held that changes in shape are obvious matters of design choice. (see MPEP 2144.04(IV)(B)).
With respect to claim 2, the pad member 677 further comprises a keeper 675 operable to releasably secure the pad member to the liner member, as shown in figure 6.
With respect to claim 3, the liner member further includes a fastener, shown in figure 4 but not numbered, configured to operably couple with the keeper 675, as disclosed in column 9, lines 11-15.
With respect to claim 4, Bryan discloses all aspects of the claimed invention with the exception of the middle layer of the pad member being a rayon and polypropylene blend. Bryan discloses in column 8, line 65, to column 9, line 3, that the middle layer of the pad member can be a polyester or cotton material, but remains silent as to the use of rayon and polypropylene. Rayon and polypropylene are well-known materials for use in the manufacture of absorbent articles. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the middle layer of the pad member of Bryan from a rayon and polypropylene blend to achieve the predictable result of simple substitution of one known element for another.
With respect to claims 5-6, the first and second securing members 463 and 467 are elastic bands, as disclosed in column 6, lines 5-7.
With respect to claim 7, the first and second securing members 463 and 467 are adjustable in length, as disclosed in column 6, lines 7-20.
With respect to claim 8, the liner member is manufactured from at least three layers, as shown in figure 8, wherein a middle layer of the liner member is plastic, as disclosed in column 3, lines 38-54.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents 929,166; 2,565,738; 5,239,706; and 7,575,573 disclose sanitary napkins or undergarments having securing members extending through passages.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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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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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781