DETAILED ACTION
Note: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to communications filed May 6, 2026.
Status of Claims
1. Claims 1-12 and 14-24 are pending and currently under consideration for patentability.
Claim 13 is cancelled and claim 24 is newly presented as of the May 6, 2026 claim amendment.
Response to Amendments
2. Applicant has amended claim 6 to overcome the previously applied 35 U.S.C. 112(b) rejection; accordingly, the rejection has been withdrawn herein.
Applicant has amended independent claims 1 and 16, necessitating new grounds of rejection.
Response to Arguments
3. Applicant’s arguments with respect to claim(s) 1-12 and 14-24 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Raynie (US 5,662,630), which was previously utilized as a secondary reference in the rejection of claims 1 and 16, is reinterpreted in light of the amendments to independent claims 1 and 16, in the instant rejection below. Takayuki et al (CN 102958356 A) is newly presented as an additional secondary reference in rendering obvious the amended limitations of independent claims 1 and 16.
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.
4. Claim(s) 1-8, 10, 14, 16-20 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Johannes et al. (US PGPUB 2019/0282391 A1) in view of Raynie (US 5,662,630) in view of Takayuki et al (CN 102958356 A) in view of Newton, Jr. (US PGPUB 2013/0338617 A1) in view of Thaxton, Sr. (US 5,346,483).
5. With regard to claim 1, Johannes discloses a urine collection device (urine collection system, 100; abstract; Figs. 1, 5c, 5d), comprising: an aerator (urine collecting assembly, 502’), comprising: a channel (fluid permeable support, 572’; “a channel (not shown) between the fluid impermeable layer 568’ and the fluid permeable layer 574’; [0085]) comprising natural fibers ([0086]); a first fabric layer (fluid permeable layer, 574’) covering an inner circumference of the channel (572’; “a one-way fluid movement fabric, gauze, or cloth”; [0084]); a second fabric layer (fluid impermeable layer, 568’) covering an outer circumference of the channel (572’; [0085]; “Forming the layers of the sheath 564 from at least one of thin layers, flexible layers, or fabric can allow the sheath 564 to be sufficiently flexible”; [0087]; [0091-0092]); a retention ring (ring, 562’) at a proximal end of the aerator ([0083]; [0088]), attached to the first fabric layer (574’) and the second fabric layer (568’; [0090]); and a first connection ring (upper ring, 578) at a distal end of the aerator (502’), attached to the first fabric layer (574’) and the second fabric layer (568’; via sump 566’; [0097]); and a receptacle (external receptacle, 160; Fig. 1), comprising: a discharge line (122) coupled at a proximal end of the receptacle (160), attached to the receptacle ([0050]; [0054-0055]).
However, while Johannes discloses that the channel (572’) comprises natural fibers ([0086]), Johannes is silent in regard to the channel comprising corrugated paper having a plurality of perforations, the plurality of perforations providing ventilation and aeration from outside the channel to inside the channel.
Raynie, in the same field of endeavor, discloses a biodegradable urine collection device (10; abstract; Figs. 1A-1D, 3F), comprising: an engagement member (12) having a front opening (24) and rear opening (26) for connection to a leak-proof, biodegradable collection bag (16; col. 3, line 52 – col. 4, line 24); and a channel (dispersal means, 14; Fig. 3F) comprising paper (pressed or molded wood pulp fiber and/or recycled paper fibers; col. 8, lines 4-8) having a plurality of perforations (multiple orifices, 82), the plurality of perforations fully capable of providing ventilation and aeration from outside the channel to the inside of the channel (col. 5, line 40 – col. 6, line 20).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the channel disclosed Johannes to comprise paper, similar to that disclosed by Raynie, in order to utilize common, well-known, recyclable, biodegradable natural fibers, as suggested by Raynie in column 8, lines 4-8 and by Johannes in paragraph [0086], while providing the channel with a dispersal means employing multiple paths of transport for urine into the interior of the receptacle, as suggested by Raynie in column 5, lines 63-65with a reasonable expectation of success.
Takayuki, in the same field of endeavor, discloses a permeable plate (3) for use as a toilet (abstract; Figs. 1, 5, 7), wherein the permeable plate (3) is shaped as a channel and formed of corrugated paper (corrugated plate sheet, 32; [0046]) having a plurality of perforations (multiple hole part, 31; Fig. 7; [0048-0050]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the paper channel disclosed by Johnson in view of Raynie to comprise corrugated paper, similar to that disclosed by Takayuki, in order to provide a perforated channel for passage of bodily fluids, which is simple to manufacture as easy to obtain, as suggested by Takayuki in paragraph [0050].
Further, while Johannes discloses a receptacle (external receptacle, 160; Fig. 1) coupled to the aerator (502’; [0050]; [0054-0055]), Johannes and Raynie are silent in regard to the receptacle comprising: a second connection ring at a proximal end of the receptacle, attached to the receptacle.
However, Newton, in the same field of endeavor, discloses an external urinary catheter system (300; Figs. 1A, 2, 3A, 5; abstract; [0027]) comprising an external urinary collector (100; [0028-0030]) having a first connection ring (connection member, 126) at a distal end of the external urinary collector (100; [0034]); and a receptacle (drainage container, 200; [0037]), comprising: a second connection ring (connection member, 240) at a proximal end of the receptacle (200), attached to the receptacle ([0038]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the receptacle disclosed Johannes to include a second connection ring attached at its proximal end, similar to that disclosed by Newton, in order to provide a suitable direct coupling between the aerator and the receptacle that may be made relatively inexpensively, is easy to use, and prevents leakage, as suggested by Newton in paragraph [0034].
As a final matter, Johannes, Raynie, Takayuki and Newton are silent in regard to an absorbent media held within the receptacle.
However, Thaxton, in the same field of endeavor, discloses an external male catheter (abstract; Figs. 5, 6) comprising a sheath member (20) coupled to a receptacle (flexible bag member, 32) containing an absorbent media (absorbent material, 36; col. 7, lines 20-55).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the receptacle disclosed Johannes in view of Raynie, Takayuki and Newton to include an absorbent media, similar to that disclosed by Thaxton, in order to absorb collected urine within the receptacle, preventing emission of sloshing sounds from the received urine, as suggested by Thaxton in column 2, lines 58-64, and permit ease of emptying the absorbent media and absorbed urine from the receptacle, as suggested by Thaxton in column 3, lines 60-66, via inexpensive and easily disposed of material, as suggested by Thaxton in column 7, lines 37-41.
6. With regard to claim 16, Johannes discloses a urine collection apparatus (urine collection system, 100; abstract; Figs. 1, 5c, 5d), comprising: a stabilization accessory (180) comprising an external coupling (“a recess formed in the stabilization accessory”; [0074]; “threads” or “at least one protrusion extending from a surface of the stabilization accessory”; [0075]); an aerator (urine collecting assembly, 502’), comprising: a channel (fluid permeable support, 572’; “a channel (not shown) between the fluid impermeable layer 568’ and the fluid permeable layer 574’; [0085]) comprising natural fibers ([0086]); a first fabric layer (fluid permeable layer, 574’) covering an inner circumference of the channel (572’; “a one-way fluid movement fabric, gauze, or cloth”; [0084]); a second fabric layer (fluid impermeable layer, 568’) covering an outer circumference of the channel (572’; [0085]; “Forming the layers of the sheath 564 from at least one of thin layers, flexible layers, or fabric can allow the sheath 564 to be sufficiently flexible”; [0087]; [0091-0092]); a retention ring (ring, 562’) at a proximal end of the aerator ([0083]; [0088]), attached to the first fabric layer (574’) and the second fabric layer (568’; [0090]); and a first connection ring (upper ring, 578) at a distal end of the aerator (502’), attached to the first fabric layer (574’) and the second fabric layer (568’; via sump 566’; [0097]); and a receptacle (external receptacle, 160; Fig. 1), comprising: a discharge line (122) coupled at a proximal end of the receptacle (160), attached to the receptacle ([0050]; [0054-0055]).
However, while Johannes discloses that the channel (572’) comprises natural fibers ([0086]), Johannes is silent in regard to the channel comprising corrugated paper having a plurality of perforations, the plurality of perforations providing ventilation and aeration from outside the channel to inside the channel.
Raynie, in the same field of endeavor, discloses a biodegradable urine collection device (10; abstract; Figs. 1A-1D, 3F), comprising: an engagement member (12) having a front opening (24) and rear opening (26) for connection to a leak-proof, biodegradable collection bag (16; col. 3, line 52 – col. 4, line 24); and a channel (dispersal means, 14; Fig. 3F) comprising paper (pressed or molded wood pulp fiber and/or recycled paper fibers; col. 8, lines 4-8) having a plurality of perforations (multiple orifices, 82), the plurality of perforations fully capable of providing ventilation and aeration from outside the channel to the inside of the channel (col. 5, line 40 – col. 6, line 20).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the channel disclosed Johannes to comprise paper, similar to that disclosed by Raynie, in order to utilize common, well-known, recyclable, biodegradable natural fibers, as suggested by Raynie in column 8, lines 4-8 and by Johannes in paragraph [0086], while providing the channel with a dispersal means employing multiple paths of transport for urine into the interior of the receptacle, as suggested by Raynie in column 5, lines 63-65with a reasonable expectation of success.
Takayuki, in the same field of endeavor, discloses a permeable plate (3) for use as a toilet (abstract; Figs. 1, 5, 7), wherein the permeable plate (3) is shaped as a channel and formed of corrugated paper (corrugated plate sheet, 32; [0046]) having a plurality of perforations (multiple hole part, 31; Fig. 7; [0048-0050]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the paper channel disclosed by Johnson in view of Raynie to comprise corrugated paper, similar to that disclosed by Takayuki, in order to provide a perforated channel for passage of bodily fluids, which is simple to manufacture as easy to obtain, as suggested by Takayuki in paragraph [0050].
Further, while Johannes discloses a receptacle (external receptacle, 160; Fig. 1) coupled to the aerator (502’; [0050]; [0054-0055]), Johannes, Raynie and Takayuki are silent in regard to the receptacle comprising: a second connection ring at a proximal end of the receptacle, attached to the receptacle.
However, Newton, in the same field of endeavor, discloses an external urinary catheter system (300; Figs. 1A, 2, 3A, 5; abstract; [0027]) comprising an external urinary collector (100; [0028-0030]) having a first connection ring (connection member, 126) at a distal end of the external urinary collector (100; [0034]); and a receptacle (drainage container, 200; [0037]), comprising: a second connection ring (connection member, 240) at a proximal end of the receptacle (200), attached to the receptacle ([0038]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the receptacle disclosed Johannes to include a second connection ring attached at its proximal end, similar to that disclosed by Newton, in order to provide a suitable direct coupling between the aerator and the receptacle that may be made relatively inexpensively, is easy to use, and prevents leakage, as suggested by Newton in paragraph [0034].
Additionally, Johannes, Raynie, Takayuki and Newton are silent in regard to an absorbent media held within the receptacle.
However, Thaxton, in the same field of endeavor, discloses an external male catheter (abstract; Figs. 5, 6) comprising a sheath member (20) coupled to a receptacle (flexible bag member, 32) containing an absorbent media (absorbent material, 36; col. 7, lines 20-55).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the receptacle disclosed Johannes in view of Raynie, Takayuki and Newton to include an absorbent media, similar to that disclosed by Thaxton, in order to absorb collected urine within the receptacle, preventing emission of sloshing sounds from the received urine, as suggested by Thaxton in column 2, lines 58-64, and permit ease of emptying the absorbent media and absorbed urine from the receptacle, as suggested by Thaxton in column 3, lines 60-66, via inexpensive and easily disposed of material, as suggested by Thaxton in column 7, lines 37-41.
As a final matter, while Johannes discloses a stabilization accessory (180) comprising an external coupling (“a recess formed in the stabilization accessory”; [0074]; “threads” or “at least one protrusion extending from a surface of the stabilization accessory”; [0075]), Johannes, Raynie and Newton are silent in regard to a garment comprising an external coupling.
However, Thaxton, in the same field of endeavor, discloses an external male catheter (abstract; Figs. 1, 2, 5, 6) comprising a garment (elastic waistband, 12 and sheath support member, 14) comprising an external coupling (first attachment assembly, 17; col. 6, line 45 – col. 7, line 19); and a sheath member (20) coupled to a receptacle (flexible bag member, 32; col. 7, lines 20-55).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the stabilization assembly disclosed Johannes to be a garment, similar to that disclosed by Thaxton, in order to provide a comfortable, washable, clothlike, support member for the aerator, which is provided support around a user’s waist, as suggested by Thaxton in column 6, line 45 to column 7, line 19.
7. With regard to claim 2, while Johannes discloses a stabilization accessory (180) comprising an external coupling (“a recess formed in the stabilization accessory”; [0074]; “threads” or “at least one protrusion extending from a surface of the stabilization accessory”; [0075]) for reversibly fastening to the retention ring (562’), Johannes, Raynie, Takayuki and Newton are silent in regard to the retention ring being configured to be reversibly fastened to a garment.
However, Thaxton, in the same field of endeavor, discloses an external male catheter (abstract; Figs. 1, 2, 5, 6) comprising a garment (elastic waistband, 12 and sheath support member, 14) comprising an external coupling (first attachment assembly, 17) configured to be reversibly fastened to a retention ring (second attachment assembly, 18) of a sheath member (20; col. 6, line 45 – col. 7, line 19).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the stabilization assembly disclosed Johannes to be a garment, similar to that disclosed by Thaxton, in order to provide a comfortable, washable, clothlike, support member for the aerator, which is provided support around a user’s waist, as suggested by Thaxton in column 6, line 45 to column 7, line 19.
8. With regard to claims 3-6 and 18, Johannes, Raynie, Takayuki and Thaxton are silent in regard to the first connection ring and the second connection ring being configured to reversibly fasten the aerator to the receptacle (claims 3 and 18); that the first connection ring comprises one or more prominences on an outer circumference (claim 4); that the second connection ring comprises one or more recesses on an inner circumference (claim 5); and that the one or more prominences on the outer circumference of the first connection ring correspond to and interlock with the one or more recesses on the inner circumference of the second connection ring to fasten the aerator to the receptacle (claim 6).
However, Newton discloses a first connection ring (126) and a second connection ring (240; Fig. 5) being configured to reversibly fasten the aerator (100) to the receptacle (200); wherein one or more prominences (“male threads”) on the outer circumference of the first connection ring (126) correspond to and interlock with one or more recesses (“female threads”) on the inner circumference of the second connection ring (240) to fasten the aerator (100) to the receptacle (200; [0034]).
Accordingly, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the first and second connection ring disclosed by Johannes in view of Raynie, Takayuki, Newton and Thaxton to include one or more prominences on the outer circumference of the first connection ring correspond to and interlock with one or more recesses on the inner circumference of the second connection ring, similar to that disclosed by Newton, in order to provide a suitable direct coupling between the aerator and the receptacle that may be made relatively inexpensively, is easy to use, and prevents leakage, as suggested by Newton in paragraph [0034].
9. With regard to claim 7, Johannes in view of Raynie, Takayuki, Newton and Thaxton disclose the urine collection device of claim 1, further Johannes discloses that the receptacle (160; Fig. 1) comprises a liquid proof material (“sealed container”; [0054]).
10. With regard to claim 8, Johannes in view of Raynie, Takayuki, Newton and Thaxton disclose the urine collection device of claim 1, further Thaxton (Figs. 5, 6) discloses that the absorbent media (36) is removable along with the receptacle (32; col. 3, lines 60-66; col. 7, lines 20-55).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the receptacle and absorbent media disclosed Johannes in view of Raynie, Takayuki, Newton and Thaxton to be removable, similar to that disclosed by Thaxton, in order to permit ease of emptying the absorbent media and absorbed urine from the receptacle, as suggested by Thaxton in column 3, lines 60-66, via inexpensive and easily disposed of material, as suggested by Thaxton in column 7, lines 37-41.
11. With regard to claim 10, Johannes in view of Raynie, Takayuki, Newton and Thaxton disclose the urine collection device of claim 1, further Thaxton (Figs. 5, 6) discloses that the absorbent media (36) comprises cotton (col. 7, lines 32-41).
12. With regard to claim 14, Johannes further discloses that the first fabric layer (574’; Figs. 5C, 5D) comprises a non-woven fabric ([0084]; [0087])
13. With regard to claim 17, while Johannes discloses a stabilization accessory (180) comprising an external coupling (“a recess formed in the stabilization accessory”; [0074]; “threads” or “at least one protrusion extending from a surface of the stabilization accessory”; [0075]) for reversibly fastening to the retention ring (562’), Johannes, Raynie, Takayuki and Newton are silent in regard to the retention ring being configured to be reversibly fastened to the external coupling on the garment.
However, Thaxton, in the same field of endeavor, discloses an external male catheter (abstract; Figs. 1, 2, 5, 6) comprising a garment (elastic waistband, 12 and sheath support member, 14) comprising an external coupling (first attachment assembly, 17) configured to be reversibly fastened to the retention ring (second attachment assembly, 18) of a sheath member (20; col. 6, line 45 – col. 7, line 19).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the stabilization assembly disclosed Johannes to be a garment, similar to that disclosed by Thaxton, in order to provide a comfortable, washable, clothlike, support member for the aerator, which is provided support around a user’s waist, and allows for attachment/removal of the aerator as desired, as suggested by Thaxton in column 6, line 45 to column 7, line 19.
14. With regard to claims 19 and 20, Johannes further discloses that the aerator (502’) further comprises a flexible portion (of 564’, 562’) at a distal end and at a proximal end ([0087-0088]; [0097]).
15. With regard to claim 24, Johannes discloses that the first fabric layer (574’) is breathable ([0084]; [0086]).
16. Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Johannes in view of Raynie in view of Takayuki in view of Newton in view of Thaxton, as applied to claim 1 above, and further in view of Yamamoto (US 5,007,116).
17. With regard to claim 9, while Thaxton discloses that the absorbent media (36) comprises a biodegradable fill material (“activated charcoal, paper, raw cotton, or sawdust”), alternatively held within a material enclosure (“absorbent microcapsules”; col. 7, lines 32-41), Johannes, Raynie, Takayuki, Newton and Thaxton fail to explicitly disclose that the absorbent media comprises a biodegradable material, a fabric material enclosure, and a biodegradable fill material.
Yamamoto, in the same field of endeavor, discloses a portable urinal (abstract; Figs. 1, 3) comprising a receptacle (urine-storage bag, 1) which is configured to hold an absorbent media (package, 4), wherein the absorbent media comprises a biodegradable material, a fabric material enclosure (water-permeable pouch, 5; col. 3, lines 29-35), and a biodegradable fill material (water-absorbing agent, 6; col. 3, lines 13-28).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the absorbent media disclosed by Johannes in view of Raynie, Takayuki, Newton and Thaxton to comprise a biodegradable material, a fabric material enclosure, and a biodegradable fill material, similar to that disclosed by Yamamoto, in order to provide the absorbent media as a pouch efficiently filled water-absorbing agent to thereby promote packaging efficiency and make it possible to eliminate dehumidifying installations, which lead to substantial cost reduction in installations, as suggested by Yamamoto in column 1, lines 47-57.
18. Claim(s) 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Johannes in view of Raynie in view of Takayuki in view of Newton in view of Thaxton, as applied to claim 1 above, and further in view of Jonec (US 5,722,136).
19. With regard to claims 11-12, while Johannes discloses that the aerator (502’) comprises first (510a) and second sections (510b; Fig. 5D; [0092-0094]), Johannes, Raynie, Takayuki, Newton and Thaxton fail to explicitly disclose that the channel comprises a segmented channel comprising more than one segment (claim 11); and that the segmented channel comprises five segments (claim 12).
However, within the same field of endeavor, Jonec discloses a paper roll dispensable male urinary aid (78; abstract; Figs. 1-5), comprising a segmented channel (formed by sheets, 38, 40, 42, 44, 46, 48, 50 and rows of perforations, 24, 26, 28, 30, 32, 34, 36) comprising five segments (col. 6, lines 7-62; col. 8, lines 28-50).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the channel disclosed by Johannes in view of Raynie, Takayuki, Newton and Thaxton to be segmented into five segments, similar to that disclosed by Jonec, in order to allow for the user to utilize any desired length of channel, depending on the situation, by simply tearing off a segment of the channel, as suggested by Jonec in column 6, lines 34-42.
20. Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Johannes in view of Raynie in view of Takayuki in view of Newton in view of Thaxton, as applied to claim 1 above, and further in view of Miyake et al. (US PGPUB 2012/0197228 A1).
21. With regard to claim 15, Johannes, Raynie, Takayuki, Newton and Thaxton fail to explicitly disclose that the second fabric layer comprises a non-woven fabric, a needle penetrated fabric, or a combination thereof.
However, within the same field of endeavor, Miyake discloses a urine absorbing article (10; abstract; Figs. 1-6; [0037]) comprising a first inner fabric layer (top sheet, 11) and a second outer fabric layer (back sheet, 12), wherein the second fabric layer (12) comprises a non-woven fabric (“a water-repellent nonwoven fabric using hydrophobic fibers (polypropylene, polyethylene, polyester, polyamide, nylon, or the like)”; [0040]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the second fabric layer disclosed by Johannes in view of Raynie, Newton and Thaxton to be a non-woven fabric, similar to that disclosed by Miyake, in order to utilize well-known water-repellant fabrics, as suggested by Miyake in paragraph [0040], with a reasonable expectation of success.
22. Claim(s) 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Johannes in view of Raynie in view of Takayuki in view of Newton in view of Thaxton, as applied to claim 16 above, and further in view of Miskie (US PGPUB 2005/0283127 A1).
23. With regard to claims 21-23, while Thaxton discloses that the garment (12, 14; Figs. 5, 6) comprises an attachment assembly (28, 30) to temporarily retain at least a portion of the receptacle (32; col. 7, lines 20-41), Johannes, Raynie, Takayuki, Newton and Thaxton fail to explicitly disclose that the garment comprises a pouch to temporarily retain at least a portion of the aerator or the receptacle (claim 21); the pouch is included in one or more leggings of the garment (claim 22); and the pouch is internal to the garment (claim 23).
However, within the same field of endeavor, Miskie discloses a collection bag (10) adapted for use in an incontinence management system (abstract; Figs. 1, 2; [0001-0003]), further comprising a garment (supporting undergarment, 12) comprises a pouch (formed by crotch panel, 18 and 12) to temporarily retain at least a portion of a multi-piece male receptacle (11; Fig. 2; [0042]); the pouch (18, 12) is internal to the garment (12; shown in phantom within Fig. 1) and included in one or more leggings of the garment (provided at least in upper portion of each legging of 12; [0042]).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the garment disclosed by Johannes in view of Raynie, Takayuki, Newton and Thaxton to include an internal pouch in one or more leggings of the garment, similar to that disclosed by Miskie, in order to utilize a garment pouch panel for detachably receiving and retaining the aerator and/or receptacle during use, as suggested by Miskie in paragraph [0042], and provide a well-known means of concealment with a reasonable expectation of success.
Conclusion
24. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
25. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J MENSH whose telephone number is (571)270-1594. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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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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/ANDREW J MENSH/Primary Examiner, Art Unit 3781
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