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 1, 8, and 14 are objected to because of the following informalities:
Claim 1, lines 6-7: “a lower edge of the waistband a first side of the waistband” should read “a lower edge of the waistband at a first side of the waistband”;
Claim 8, lines 6-7: “a lower edge of the waistband a rear side of the waistband” should read “a lower edge of the waistband at a rear side of the waistband”;
Claim 14, lines 6-7: “a lower edge of the waistband a first side of the waistband” should read “a lower edge of the waistband at a first side of the waistband”. Appropriate correction is required.
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.
Claim(s) 1-3, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kimball (Patent No. US 3,468,310 A).
Regarding claim 1, Kimball teaches an undergarment (Figures 1-4) comprising:
a waistband having a width sufficient to contain a colostomy bag thereunder (main body 10 has a width to contain a colostomy bag 23; Figures 1-3; Column 2, lines 21-34);
a pocket fabric attached along a lower edge and along side edges thereof, to a back side of the waistband (inner panel 13 is attached at lower edge and side edges to the backside of the main body 10 to form a pocket 14; Figure 3; Column 2, lines 21-34), the pocket fabric configured to be disposed behind at least a portion of the colostomy bag when the undergarment is worn by a user (inner panel 13 is configured to be disposed behind a portion of the bag 23 when garment is worn; Figure 3; Column 2, lines 21-34);
a crotch fabric fixed to and extending from a lower edge of the undergarment a first side of the undergarment (crotch piece 31 is fixed to the lower edge and the back side of undergarment through the connectors; Figure 2 and 4; Column 2, lines 57-62).
Kimball does not teach a crotch fabric fixed to and extending from a lower edge of the waistband a first side of the waistband.
However, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have the crotch fabric of Kimball be connected to the lower edge and the first side of the waistband and to lower edge of the front side of the waistband at the other end of the crotch fabric, since it has been held that rearranging parts of an invention involves only routine skill in the art since the device would not perform differently than the prior art device, whether located on the waistband or on the pocket fabric, with the common function at either locations of removably connecting the crotch fabric from the waistband, In re Japikse, 86 USPQ 70 (MPEP 2144.04 VI.C.).
The modified Kimball further teaches a connection end of the crotch fabric operable to removably attach to a first connection region at a second, opposite side of the waistband (crotch piece 31 has connectors to removeably attach to a first connection region of the main body 10 on the front side; Figure 2 and 4; Column 2, lines 57-62); and
a second connection region at the first side of the waistband operable to attach to the connection end of the crotch fabric (second connection region at the first side of the waistband to receive snaps of the crotch fabric; Figure 2 and 4).
Regarding claim 2, Kimball teaches the undergarment of claim 1. Kimball further teaches wherein the first side is a back side of the waistband and the second side is a front side of the waistband (front side is side with ostomy pouch 23 and back side is the opposing side; Figure 2).
Regarding claim 3, Kimball teaches the undergarment of claim 1. Kimball further teaches further comprising a first connector at the connection end of the crotch fabric (connector at the connection end of crotch fabric 31 at the front side of the waistband; Figure 1 and 2).
Regarding claim 8, Kimball teaches an undergarment (Figures 1-4) comprising:
a waistband having a width sufficient to contain a colostomy bag thereunder (main body 10 has a width to contain a colostomy bag 23; Figures 1-3; Column 2, lines 21-34);
a pocket fabric attached along a lower edge and along side edges thereof, to a user-facing side of the waistband (inner panel 13 is attached at lower edge and side edges to the backside of the main body 10 to form a pocket 14; Figure 3; Column 2, lines 21-34), the pocket fabric configured to be disposed behind at least a portion of the colostomy bag when the undergarment is worn by a user (inner panel 13 is configured to be disposed behind a portion of the bag 23 when garment is worn; Figure 3; Column 2, lines 21-34);
a crotch fabric fixed to and extending from a lower edge of the undergarment a rear side of the undergarment (crotch piece 31 is fixed to the lower edge and the back side of undergarment through the connectors; Figure 2 and 4; Column 2, lines 57-62).
Kimball does not teach a crotch fabric fixed to and extending from a lower edge of the waistband a rear side of the waistband.
However, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have the crotch fabric of Kimball be connected to the lower edge and the rear side of the waistband and to lower edge of the front side of the waistband at the other end of the crotch fabric, since it has been held that rearranging parts of an invention involves only routine skill in the art since the device would not perform differently than the prior art device, whether located on the waistband or on the pocket fabric, with the common function at either locations of removably connecting the crotch fabric from the waistband, In re Japikse, 86 USPQ 70 (MPEP 2144.04 VI.C.).
The modified Kimball further teaches a connection end of the crotch fabric operable to removably attach to a first connection region at a front side of the waistband (crotch piece 31 has connectors to removeably attach to a first connection region of the main body 10 on the front side; Figure 2 and 4; Column 2, lines 57-62); and
a second connection region at the rear side of the waistband operable to attach to the connection end of the crotch fabric (second connection region at the first side of the waistband to receive snaps of the crotch fabric; Figure 2 and 4), wherein the connection end of the crotch fabric is removably attachable to either the first connection region or the second connection region (crotch fabric 31 has connectors on both ends to be removably attachable to both the first or second connection region; Figure 4; Column 2, lines 57-62).
Regarding claim 9, Kimball teaches the undergarment of claim 8. Kimball further teaches further comprising a first connector at the connection end of the crotch fabric (connector at the connection end of crotch fabric 31 at the front side of the waistband; Figure 1 and 2).
Claim(s) 4-5, 10-11, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kimball (Patent No. US 3,468,310 A) in view of Loffredo (Patent No. US 7,000,261 B1).
Regarding claim 4, Kimball teaches the undergarment of claim 3. Kimball does not teach further comprising a mating connector at the first connection region, the mating connector forming a removable connection with the first connector.
However, Loffredo teaches further comprising a mating connector at the first connection region (fasteners 17 on the waistband of the third opening 19; Figure 1 and 4), the mating connector forming a removable connection with the first connector (fasteners 17 on the waistband is to removably connect to fasteners 17 on torso portion; Figure 1 and 4; Column 3, lines 33-55).
Kimball and Loffredo are considered to be analogous to the claimed invention because they are in the same field of ostomy garments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball to incorporate the teachings of Loffredo to have the fasteners/connectors with the mating connectors of Loffredo be the connectors on the crotch fabric at both ends and the mating connectors at the first connection region and the second connection region of the waistband of Kimball. This allows for the repetitive connection and disconnection of the fasteners without damaging the fasteners or the garment (Loffredo; Column 3, lines 33-42).
Regarding claim 5, Kimball in view of Loffredo teaches the undergarment of claim 4. The combination of Kimball in view of Loffredo further teaches further comprising a second connector at the second connection region (second connector of Loffredo on the second connection region of Kimball; see rejection of claim 4 above), the second connector being a type of connector that is the same as the mating connector (second connector on the second connection region of Kimball in view of Loffredo is a mating connector; see rejection of claim 4 above), wherein the first connector forms a removable connection with the second connector (Loffredo; fasteners 17 on the waistband is to removably connect to fasteners 17 on torso portion; Figure 1 and 4; Column 3, lines 33-55).
Regarding claim 10, Kimball teaches the undergarment of claim 9. Kimball does not teach further comprising a mating connector at the first connection region, the mating connector forming a removable connection with the first connector.
However, Loffredo teaches further comprising a mating connector at the first connection region (fasteners 17 on the waistband of the third opening 19; Figure 1 and 4), the mating connector forming a removable connection with the first connector (fasteners 17 on the waistband is to removably connect to fasteners 17 on torso portion; Figure 1 and 4; Column 3, lines 33-55).
Kimball and Loffredo are considered to be analogous to the claimed invention because they are in the same field of ostomy garments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball to incorporate the teachings of Loffredo to have the fasteners/connectors with the mating connectors of Loffredo be the connectors on the crotch fabric at both ends and the mating connectors at the first connection region and the second connection region of the waistband of Kimball. This allows for the repetitive connection and disconnection of the fasteners without damaging the fasteners or the garment (Loffredo; Column 3, lines 33-42).
Regarding claim 11, Kimball in view of Loffredo teaches the undergarment of claim 10. The combination of Kimball in view of Loffredo further teaches further comprising a second connector at the second connection region (second connector of Loffredo on the second connection region of Kimball; see rejection of claim 10 above), the second connector being a type of connector that is the same as the mating connector (second connector on the second connection region of Kimball in view of Loffredo is a mating connector; see rejection of claim 10 above), wherein the first connector forms a removable connection with the second connector (Loffredo; fasteners 17 on the waistband is to removably connect to fasteners 17 on torso portion; Figure 1 and 4; Column 3, lines 33-55).
Regarding claim 14, Kimball teaches an undergarment (Figures 1-4) comprising:
a waistband having a width sufficient to contain a colostomy bag thereunder (main body 10 has a width to contain a colostomy bag 23; Figures 1-3; Column 2, lines 21-34);
a pocket fabric attached along a lower edge and along side edges thereof, to a back side of the waistband (inner panel 13 is attached at lower edge and side edges to the backside of the main body 10 to form a pocket 14; Figure 3; Column 2, lines 21-34), the pocket fabric configured to be disposed behind at least a portion of the colostomy bag when the undergarment is worn by a user (inner panel 13 is configured to be disposed behind a portion of the bag 23 when garment is worn; Figure 3; Column 2, lines 21-34);
a crotch fabric fixed to and extending from a lower edge of the undergarment a first side of the undergarment (crotch piece 31 is fixed to the lower edge and the back side of undergarment through the connectors; Figure 2 and 4; Column 2, lines 57-62).
Kimball does not teach a crotch fabric fixed to and extending from a lower edge of the waistband a first side of the waistband.
However, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have the crotch fabric of Kimball be connected to the lower edge and the first side of the waistband and to lower edge of the front side of the waistband at the other end of the crotch fabric, since it has been held that rearranging parts of an invention involves only routine skill in the art since the device would not perform differently than the prior art device, whether located on the waistband or on the pocket fabric, with the common function at either locations of removably connecting the crotch fabric from the waistband, In re Japikse, 86 USPQ 70 (MPEP 2144.04 VI.C.).
The modified Kimball further teaches a connection end of the crotch fabric operable to removably attach to a first connection region at a second, opposite side of the waistband (crotch piece 31 has connectors to removeably attach to a first connection region of the main body 10 on the front side; Figure 2 and 4; Column 2, lines 57-62);
a second connection region at the first side of the waistband operable to attach to the connection end of the crotch fabric (second connection region at the first side of the waistband to receive snaps of the crotch fabric; Figure 2 and 4); a first connector at the connection end of the crotch fabric (connector at the connection end of crotch fabric 31 at the front side of the waistband; Figure 1 and 2); and a second connector at the second connection region (connector at the connection end of crotch fabric 31 at the back side of the waistband; Figure 1 and 2), wherein the connection end of the crotch fabric is removably attachable to either the first connection region or the second connection region (crotch fabric 31 has connectors on both ends to be removably attachable to both the first or second connection region; Figure 4; Column 2, lines 57-62). Kimball does not teach a mating connector at the first connection region, the mating connector forming a removable connection with the first connector; the second connector being a type of connector that is the same as the mating connector.
However, Loffredo teaches a mating connector at the first connection region (fasteners 17 on the waistband of the third opening 19; Figure 1 and 4), the mating connector forming a removable connection with the first connector (fasteners 17 on the waistband is to removably connect to fasteners 17 on torso portion; Figure 1 and 4; Column 3, lines 33-55).
Kimball and Loffredo are considered to be analogous to the claimed invention because they are in the same field of ostomy garments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball to incorporate the teachings of Loffredo to have the fasteners/connectors with the mating connectors of Loffredo be the connectors on the crotch fabric at both ends and the mating connectors at the first connection region and the second connection region of the waistband of Kimball. This allows for the repetitive connection and disconnection of the fasteners without damaging the fasteners or the garment (Loffredo; Column 3, lines 33-42).
The combination of Kimball in view of Loffredo further teaches a second connector at the second connection region (second connector of Loffredo on the second connection region of Kimball; see combination above), the second connector being a type of connector that is the same as the mating connector (second connector on the second connection region of Kimball in view of Loffredo is a mating connector; see combination above).
Regarding claim 15, Kimball in view of Loffredo teaches the undergarment of claim 14. Kimball further teaches wherein the first side is a back side of the waistband and the second side is a front side of the waistband (front side is side with ostomy pouch 23 and back side is the opposing side; Figure 2).
Claim(s) 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kimball (Patent No. US 3,468,310 A) in view of Javaid et al. (Publication No. US 2012/0142253 A1).
Regarding claim 6, Kimball teaches the undergarment of claim 1. Kimball does not teach wherein at least a portion of fabric forming the undergarment is 95% bamboo and 5% spandex.
However, Javaid teaches wherein at least a portion of fabric forming the undergarment is 95% bamboo and 5% spandex (Paragraph 0010 and 0024).
Kimball and Javaid are considered to be analogous to the claimed invention because they are in the same field of undergarments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball to incorporate the teachings of Javaid to have a portion of fabric forming the undergarment of Kimball to be made of a fabric comprising 95% bamboo and 5% spandex, as taught by Javaid. This allows for the wicking of moisture away from the user and discourage moisture-buildup on the skin of the user (Javaid; Paragraph 0006).
Regarding claim 12, Kimball teaches the undergarment of claim 8. Kimball does not teach wherein at least a portion of fabric forming the undergarment is 95% bamboo and 5% spandex.
However, Javaid teaches wherein at least a portion of fabric forming the undergarment is 95% bamboo and 5% spandex (Paragraph 0010 and 0024).
Kimball and Javaid are considered to be analogous to the claimed invention because they are in the same field of undergarments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball to incorporate the teachings of Javaid to have a portion of fabric forming the undergarment of Kimball to be made of a fabric comprising 95% bamboo and 5% spandex, as taught by Javaid. This allows for the wicking of moisture away from the user and discourage moisture-buildup on the skin of the user (Javaid; Paragraph 0006).
Claim(s) 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kimball (Patent No. US 3,468,310 A) in view of Edwards (Publication No. US 2013/0104294 A1).
Regarding claim 7, Kimball teaches the undergarment of claim 1. Kimball does not teach wherein the crotch fabric is formed from two pieces of crotch fabric overlapping with each other.
However, Edwards teaches wherein the crotch fabric is formed from two pieces of crotch fabric overlapping with each other (front panel 68 and flap 44 are overlapping, two pieces of fabric that covers the crotch; Paragraph 0040-0042 and 0050; Figure 5).
Kimball and Edwards are considered to be analogous to the claimed invention because they are in the same field of undergarments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball to incorporate the teachings of Edwards to have the overlapping fabrics/panel and flap of Edwards on the crotch fabric of Kimball. This allows for the ease of opening and closing the flap at the crotch area during and after use, respectively, without the removal of the undergarment (Edwards; Paragraph 0041 and 0045).
Regarding claim 13, Kimball teaches the undergarment of claim 8. Kimball does not teach wherein the crotch fabric is formed from two pieces of crotch fabric overlapping with each other.
However, Edwards teaches wherein the crotch fabric is formed from two pieces of crotch fabric overlapping with each other (front panel 68 and flap 44 are overlapping, two pieces of fabric that covers the crotch; Paragraph 0040-0042 and 0050; Figure 5).
Kimball and Edwards are considered to be analogous to the claimed invention because they are in the same field of undergarments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball to incorporate the teachings of Edwards to have the overlapping fabrics/panel and flap of Edwards on the crotch fabric of Kimball. This allows for the ease of opening and closing the flap at the crotch area during and after use, respectively, without the removal of the undergarment (Edwards; Paragraph 0041 and 0045).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kimball (Patent No. US 3,468,310 A) in view of Loffredo (Patent No. US 7,000,261 B1), as applied to claim 14 above, and further in view of Javaid et al. (Publication No. US 2012/0142253 A1).
Regarding claim 16, Kimball in view of Loffredo teaches the undergarment of claim 14. The combination of Kimball in view of Loffredo does not teach wherein at least a portion of fabric forming the undergarment is 95% bamboo and 5% spandex.
However, Javaid teaches wherein at least a portion of fabric forming the undergarment is 95% bamboo and 5% spandex (Paragraph 0010 and 0024).
Kimball in view of Loffredo and Javaid are considered to be analogous to the claimed invention because they are in the same field of undergarments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball in view of Loffredo to incorporate the teachings of Javaid to have a portion of fabric forming the undergarment of Kimball in view of Loffredo to be made of a fabric comprising 95% bamboo and 5% spandex, as taught by Javaid. This allows for the wicking of moisture away from the user and discourage moisture-buildup on the skin of the user (Javaid; Paragraph 0006).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kimball (Patent No. US 3,468,310 A) in view of Loffredo (Patent No. US 7,000,261 B1), as applied to claim 14 above, and further in view of Edwards (Publication No. US 2013/0104294 A1).
Regarding claim 17, Kimball in view of Loffredo teaches the undergarment of claim 14. The combination of Kimball in view of Loffredo does not teach wherein the crotch fabric is formed from two pieces of crotch fabric overlapping with each other.
However, Edwards teaches wherein the crotch fabric is formed from two pieces of crotch fabric overlapping with each other (front panel 68 and flap 44 are overlapping, two pieces of fabric that covers the crotch; Paragraph 0040-0042 and 0050; Figure 5).
Kimball in view of Loffredo and Edwards are considered to be analogous to the claimed invention because they are in the same field of undergarments. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kimball in view of Loffredo to incorporate the teachings of Edwards to have the overlapping fabrics/panel and flap of Edwards on the crotch fabric of Kimball in view of Loffredo. This allows for the ease of opening and closing the flap at the crotch area during and after use, respectively, without the removal of the undergarment (Edwards; Paragraph 0041 and 0045).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Caliste (Patent No. US 8,181,280 B2): discloses an undergarment with overlapping fabrics at the crotch fabric (Abstract; Figures 1A-C);
Beaupied (Patent No. US 5,135,520 A): discloses an undergarment that has a pocket fabric for holding an ostomy bag (Abstract; Figure 8-11); and
Fair (Patent No. US 4,533,355 A): discloses an undergarment with a pocket fabric to hold an ostomy bag and a crotch fabric removeably connectable to the waist band (Abstract; Figure 1-2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE-PH M PHAM whose telephone number is (571)272-0468. The examiner can normally be reached Mon-Fri, 8AM to 5PM ET.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHERINE-PH MINH PHAM/Examiner, Art Unit 3781
/KAI H WENG/Primary Examiner, Art Unit 3781