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 13-14 and 21 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 13 recites the limitation "the first layer rearmost fourth" in ln. 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the second layer frontmost fourth" in ln. 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites “wherein the absorbent assembly is an absorbent assembly according to claim 2”. It is unclear which claim claim 21 depends from. For the purposes of compact prosecution, claim 21 will be interpreted as “the washable and reusable absorbent pad accordingly to claim 20, wherein the maximum width of the first layer frontmost half is at least 5% greater than the maximum width of the first layer rearmost half.
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.
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.
Claim(s) 1-3, 6-8, 11, 15, 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tulk et al. (Pub. No.: US 2016/0184146 A1) in view of Hovey (Pub. No.: US 2015/0157513 A1).
Regarding claim 1, Tulk discloses (fig. 1-3) a washable and reusable absorbent undergarment (undergarment article 2, ¶ 0002) comprising an integrated absorbent assembly (crotch portion 32), the absorbent undergarment having an extension in the longitudinal direction and in the transverse direction (fig. 1-2), the absorbent assembly comprising an absorbent core (liquid-absorbent layer 74), the absorbent core comprising a first absorbent layer (first sublayer 74a) and a second absorbent layer (second sublayer 74b) (¶ 0135), the absorbent core having a front portion (first end 57), a crotch portion and a rear portion (second end 59) (¶ 0120), the absorbent core having a core front transverse edge (see first transverse stitch 56) and a core rear transverse edge (see second transverse stitch 60), wherein the first absorbent layer and the second absorbent layer overlap each other in the crotch portion of the absorbent core (fig. 3, ¶ 0129), the first absorbent layer has a first layer frontmost half and a first layer rearmost half (fig. 2), and a first layer transverse edge and a first layer rear transverse edge (fig. 2, ¶ 0129), the second absorbent layer has a second layer rearmost half and a second layer frontmost half (fig. 2), and a second layer rear transverse edge and a second layer front transverse edge (fig. 2), wherein a maximum width of the second layer rearmost half is greater than a maximum width of the second layer frontmost half (fig. 2).
Tulk fails to disclose wherein a maximum width of the first layer frontmost half is greater than a maximum width of the first layer rearmost half.
Hovey teaches (fig. 1-3) a washable and reusable absorbent undergarment (undergarment 100, ¶ 0019) and thus in the same field of endeavor, comprising an integrated absorbent assembly (crotch piece 200), the absorbent assembly comprising an absorbent core, the absorbent core having a first absorbent layer (¶ 0022), wherein the first absorbent layer has a first layer frontmost half and a first layer rearmost half (fig. 3), and wherein a maximum width of the first layer frontmost half is greater than a maximum width of the first layer rearmost half (¶ 0029) in order to protect against leaks due to incontinence.
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 first absorbent layer of Tulk such that a maximum width of the first layer frontmost half is greater than a maximum width of the first layer rearmost half, as taught by Hovey, in order to protect against leaks due to incontinence (Hovey, ¶ 0029).
Regarding claim 2, Tulk in view of Hovey discloses wherein the maximum width of the first layer frontmost half (e.g., 200 mm) is 70% greater than the maximum width of the first layer rearmost half (e.g., 140 mm) (Hovey, ¶ 0029) which falls within the claimed range of at least 5% greater.
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (see MPEP §2131.03.I).
Regarding claim 3, Tulk in view of Hovey fail to disclose wherein the maximum width of the second layer rearmost half is at least 5% greater than a maximum width of the second layer frontmost half.
Hovey teaches that the absorbent core can have a maximum rearmost half width of between 7 and 160 mm and a maximum frontmost half width of between 120 and 250 mm (¶ 0029). Accordingly, Hovey teaches that a maximum width of the absorbent core rearmost half can be 160 mm and a maximum width of the absorbent core frontmost half can be 120 mm, thus resulting in the maximum width of the absorbent core rearmost half being 75% greater than a maximum width of the absorbent core frontmost half, which falls within the claimed range of at least 5% greater.
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (see MPEP §2131.03.I).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify second absorbent layer of Tulk in view of Hovey such that the maximum width of the second layer rearmost half is at least 5% greater than a maximum width of the second layer frontmost half, as taught by Hovey, in order to provide a second absorbent layer dimensioned to help protect against leaks due to incontinence (Hovey, ¶ 0029).
Regarding claim 6, Tulk in view of Hovey disclose wherein a width of the first absorbent layer differs from a width of the second absorbent layer along an area of the absorbent core where the first absorbent layer and the second absorbent layer overlap each other in the crotch portion (see Tulk fig. 2, Hovey, fig. 3, first and second absorbent layers taper, thus have a different width along an area of the overlap).
Regarding claim 7, Tulk to discloses wherein the first absorbent layer has a length as measured along a longitudinal centerline of the absorbent undergarment corresponding to 100% of a total length of the absorbent core between the front transverse edge of the absorbent core and the rear transverse edge of the absorbent core (the absorbent core comprises the first absorbent layer, thus the absorbent core and the first absorbent layer have the same length, ¶ 0135), which falls within the claimed range of from 35% to 100%.
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (see MPEP §2131.03.I).
Regarding claim 8, Tulk to discloses wherein the second absorbent layer has a length as measured along a longitudinal centerline of the absorbent undergarment corresponding to 100% of a total length of the absorbent core between the front transverse edge of the absorbent core and the rear transverse edge of the absorbent core (the absorbent core comprises the second absorbent layer, thus the absorbent core and the second absorbent layer have the same length, ¶ 0135), which falls within the claimed range of from 35% to 100%.
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (see MPEP §2131.03.I).
Regarding claim 11, Tulk discloses wherein the absorbent core comprises a third absorbent layer, the third absorbent layer extending over the crotch portion of the absorbent core (¶ 0135).
Regarding claim 15, Tulk in view of Hovey disclose wherein the first absorbent layer and the second absorbent layer together forma dog-bone shaped absorbent core (Tulk fig. 2, Hovey fig. 3).
Regarding claim 17, Tulk discloses wherein the absorbent assembly comprises one or more of the following: a woven material, a nonwoven and/or a knit material (¶ 0118).
Regarding claim 18, Tulk discloses wherein the absorbent assembly comprises a backsheet barrier layer (waterproof layer 78, ¶ 0129).
Regarding claim 19, Tulk discloses wherein the backsheet barrier layer comprises a plastic film (¶ 0138).
Regarding claim 20, Tulk discloses (fig. 1-3) a washable and reusable absorbent pad (crotch portion 32) comprising an absorbent assembly (fig. 3) comprising a body facing layer (water-repellent layer 30, ¶ 0121), a backsheet barrier layer (waterproof layer 78) and an absorbent core (liquid-absorbent layer 74) interposed between the body-facing layer and the backsheet barrier layer (fig. 3, ¶ 0129), the absorbent core comprising a first absorbent layer (first sublayer 74a) and a second absorbent layer (second sublayer 74b) (¶ 0135), the absorbent core having a front portion (first end 57), a crotch portion and a rear portion (second end 59) (¶ 0120), the absorbent core having a core front transverse edge (see first transverse stitch 56) and a core rear transverse edge (see second transverse stitch 60), wherein the first absorbent layer and the second absorbent layer overlap each other in the crotch portion of the absorbent core (fig. 3, ¶ 0129), the first absorbent layer has a first layer frontmost half and a first layer rearmost half (fig. 2), and a first layer transverse edge and a first layer rear transverse edge (fig. 2, ¶ 0129), the second absorbent layer has a second layer rearmost half and a second layer frontmost half (fig. 2), and a second layer rear transverse edge and a second layer front transverse edge (fig. 2), wherein a maximum width of the second layer rearmost half is greater than a maximum width of the second layer frontmost half (fig. 2).
Tulk fails to disclose wherein a maximum width of the first layer frontmost half is greater than a maximum width of the first layer rearmost half.
Hovey teaches (fig. 1-3) a washable and reusable absorbent pad (crotch piece 200) and thus in the same field of endeavor, comprising an absorbent assembly comprising an absorbent core, the absorbent core having a first absorbent layer (¶ 0022), wherein the first absorbent layer has a first layer frontmost half and a first layer rearmost half (fig. 3), and wherein a maximum width of the first layer frontmost half is greater than a maximum width of the first layer rearmost half (¶ 0029) in order to protect against leaks due to incontinence.
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 first absorbent layer of Tulk such that a maximum width of the first layer frontmost half is greater than a maximum width of the first layer rearmost half, as taught by Hovey, in order to protect against leaks due to incontinence (Hovey, ¶ 0029).
Regarding claim 21, Tulk in view of Hovey discloses wherein the maximum width of the first layer frontmost half (e.g., 200 mm) is 70% greater than the maximum width of the first layer rearmost half (e.g., 140 mm) (Hovey, ¶ 0029) which falls within the claimed range of at least 5% greater.
“[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (see MPEP §2131.03.I).
Claim(s) 4-5 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tulk in view of Hovey, as applied to claim 1 above, and further in view of Sepello et al. (Pub. No.: US 2021/0290447 A1).
Regarding claim 4, Tulk in view of Hovey fail to disclose wherein the maximum width of the first layer rearmost half is within the range of -80% to 20% of a width of a first layer crotch part, the width of the first layer crotch part being measured at a smallest width of the absorbent core where the first absorbent layer and the second absorbent layer overlap each other in the crotch portion. However, Tulk in view of Hovey disclose wherein the maximum width of the first layer rearmost half is between 7 and 160 mm (Hovey ¶ 0029), thus, the maximum width of the first layer rearmost half can be, for example, 84 mm. Tulk further discloses wherein the first absorbent layer and the second absorbent layer overlap each other in the crotch portion (fig. 3, ¶ 0129).
Sepello teaches (fig. 1-2) a washable and reusable absorbent undergarment (abstract, ¶ 0018) and thus in the same field of endeavor, comprising an absorbent assembly (crotch gusset 230) comprising an absorbent core (¶ 0034), wherein the absorbent core has a first layer crotch part width (CW), the width of the first layer crotch part being measured at a smallest width of the absorbent core (¶ 0034), wherein the first layer crotch part width is at least 70 mm (¶ 0039).
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 absorbent core of Tulk in view of Hovey such that it has a width of a first layer crotch part being measured at a smallest width of the absorbent core of at least 70 mm, as taught by Sepello, thus resulting in the maximum width of the first layer rearmost half being +20% of a width of a first layer crotch part, which falls within the claimed range of -80% to 20%, in order to provide a crotch width sufficient for providing effective coverage and contact against the body through a variety of normal body positions and movements (Sepello, ¶ 0039).
Regarding claim 5, Tulk in view of Hovey fail to disclose wherein the maximum width of the second layer frontmost half is within the range of -80% to 20% of a width of a second layer crotch part, the width of the second layer crotch part being measured at a smallest width of the absorbent core where the first absorbent layer and the second absorbent layer overlap each other in the crotch portion. However, Tulk further discloses wherein the first absorbent layer and the second absorbent layer overlap each other in the crotch portion (fig. 3, ¶ 0129).
Hovey teaches that the absorbent core can have a maximum frontmost half width of between 120 and 250 mm (¶ 0029), thus, the maximum frontmost half width can be, for example, 120 mm.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify second absorbent layer of Tulk in view of Hovey such that the absorbent core can have a maximum frontmost half width of between 120 and 250 mm, as taught by Hovey, in order to provide a second absorbent layer dimensioned to help protect against leaks due to incontinence (Hovey, ¶ 0029).
Sepello teaches (fig. 1-2) a washable and reusable absorbent undergarment (abstract, ¶ 0018) and thus in the same field of endeavor, comprising an absorbent assembly (crotch gusset 230) comprising an absorbent core (¶ 0034), wherein the absorbent core has a first layer crotch part width (CW), the width of the first layer crotch part being measured at a smallest width of the absorbent core (¶ 0034), wherein the first layer crotch part width is at least 70 mm (¶ 0039), and thus, the first layer crotch part width can be, for example, 100 mm.
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 absorbent core of Tulk in view of Hovey such that it has a width of a first layer crotch part being measured at a smallest width of the absorbent core of at least 70mm, as taught by Sepello, thus resulting in the maximum width of the second layer (120 mm) frontmost half being +20% of a width of a first layer crotch part (100 mm), which falls within the claimed range of -80% to 20%, in order to provide a crotch width sufficient for providing effective coverage and contact against the body through a variety of normal body positions and movements (Sepello, ¶ 0039).
Regarding claim 13, Tulk in view of Hovey fail to disclose wherein a minimum width of the first layer rearmost fourth is +/-80% of a width of a first layer crotch part, the width of the first layer crotch part being measured at a smallest width of the absorbent core where the first absorbent layer and the second absorbent layer overlap each other in the crotch portion. However, Tulk further discloses wherein the first absorbent layer and the second absorbent layer overlap each other in the crotch portion (fig. 3, ¶ 0129). Further, Hovey teaches that the maximum width of the first layer rearmost end is about 7 to 160 mm (¶ 0029). Thus, a minimum width of the first layer rearmost fourth will fall within the range of between less than 7 and less than 160 mm and can be, for example, 100 mm.
Sepello teaches (fig. 1-2) a washable and reusable absorbent undergarment (abstract, ¶ 0018) and thus in the same field of endeavor, comprising an absorbent assembly (crotch gusset 230) comprising an absorbent core (¶ 0034), wherein the absorbent core has a first layer crotch part width (CW), the width of the first layer crotch part being measured at a smallest width of the absorbent core (¶ 0034), wherein the first layer crotch part width is at least 70 mm (¶ 0039).
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 absorbent core of Tulk in view of Hovey such that it has a width of a first layer crotch part being measured at a smallest width of the absorbent core of at least 70 mm, as taught by Sepello, thus resulting in a minimum width of the first layer rearmost fourth is about +43% of a width of a first layer crotch part, which falls within the claimed range of +/-80%, in order to provide a crotch width sufficient for providing effective coverage and contact against the body through a variety of normal body positions and movements (Sepello, ¶ 0039).
Regarding claim 14, Tulk in view of Hovey fail to disclose wherein a minimum width of the second layer frontmost fourth is +/-80% of a width of a second layer crotch part, the width of the second layer crotch part being measured at a smallest width of the absorbent core where the first absorbent layer and the second absorbent layer overlap each other in the crotch portion. However, Tulk further discloses wherein the first absorbent layer and the second absorbent layer overlap each other in the crotch portion (fig. 3, ¶ 0129).
Hovey teaches that the absorbent core can have a maximum frontmost half width of between 120 and 250 mm (¶ 0029), thus, the minimum width of the second layer frontmost fourth will be between less than 120 and less than 250 mm, and can be for example, 100 mm.
Sepello teaches (fig. 1-2) a washable and reusable absorbent undergarment (abstract, ¶ 0018) and thus in the same field of endeavor, comprising an absorbent assembly (crotch gusset 230) comprising an absorbent core (¶ 0034), wherein the absorbent core has a first layer crotch part width (CW), the width of the first layer crotch part being measured at a smallest width of the absorbent core (¶ 0034), wherein the first layer crotch part width is at least 70 mm (¶ 0039).
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 absorbent core of Tulk in view of Hovey such that it has a width of a second layer crotch part being measured at a smallest width of the absorbent core of at least 70 mm, as taught by Sepello, thus resulting in a minimum width of the second layer frontmost fourth is about +43% of a width of a second layer crotch part, which falls within the claimed range of +/-80%, in order to provide a crotch width sufficient for providing effective coverage and contact against the body through a variety of normal body positions and movements (Sepello, ¶ 0039).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tulk in view of Hovey, as applied to claim 1 above, and further in view of Romare (Pat. No.: US 6,114,597).
Regarding claim 9, Tulk in view of Hovey fail to disclose wherein at least a section of the second layer rear transverse edge has a radius of curvature and wherein at least a section of the first layer rear transverse edge has a radius of curvature from +/- 70% of the radius of curvature of the at least a section of the second layer rear transverse edge.
Romare teaches (fig. 1) an absorbent assembly (abstract) and thus in the same field of endeavor, comprising an absorbent core comprising a first absorbent layer (upper part 1) and a second absorbent layer (lower part 2), wherein at least a section of a second layer rear transverse edge (see rounded rear part 19) has a radius of curvature (fig. 1) and wherein at least a section of the first layer rear transverse edge (see rear part 4) has a radius of curvature (fig. 1) that is less than the radius of curvature of the at least a section of the second layer rear transverse edge (fig. 1).
While Romare fails to teach wherein at least a section of the first layer rear transverse edge has a radius of curvature from +/- 70% of the radius of curvature of the at least a section of the second layer rear transverse edge, Romare teaches that the first and second absorbent layer are shaped such that the first absorbent layer is shaped to adapt to the shape of the user’s body and the second absorbent layer is shaped to follow the shape and movements of the undergarment (col. 3, ln. 57-64). Thus, Romare discloses that the shape and thus resulting radius of curvature is a result-effective variable and discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the first and second layer rear transverse edges such that at least a section of the first layer rear transverse edge has a radius of curvature from +/- 70% of the radius of curvature of the at least a section of the second layer rear transverse edge in order configure the first absorbent layer is to be shaped to adapt to the shape of the user’s body and the second absorbent layer to be shaped to follow the shape and movements of the undergarment (Romare col. 3, ln. 57-64).
Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious.
Regarding claim 10, Tulk in view of Hovey fail to disclose wherein at least a section of the first layer front transverse edge has a radius of curvature and wherein at least a section of the second layer front transverse edge has a radius of curvature from +/- 70% of the radius of curvature of the at least a section of the first layer transverse front edge.
Romare teaches (fig. 1) an absorbent assembly (abstract) and thus in the same field of endeavor, comprising an absorbent core comprising a first absorbent layer (upper part 1) and a second absorbent layer (lower part 2), wherein at least a section of a first layer front transverse edge (see rounded front part 3) has a radius of curvature (fig. 1) and wherein at least a section of the second layer front transverse edge (see front part 18) has a radius of curvature (fig. 1) that is less than the radius of curvature of the at least a section of the second layer rear transverse edge (fig. 1).
While Romare fails to teach wherein at least a section of the second layer front transverse edge has a radius of curvature from +/- 70% of the radius of curvature of the at least a section of the first layer transverse front edge, Romare teaches that the first and second absorbent layer are shaped such that the first absorbent layer is shaped to adapt to the shape of the user’s body and the second absorbent layer is shaped to follow the shape and movements of the undergarment (col. 3, ln. 57-64). Thus, Romare discloses that the shape and thus resulting radius of curvature is a result-effective variable and discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the first and second layer rear transverse edges such that wherein at least a section of the second layer front transverse edge has a radius of curvature from +/- 70% of the radius of curvature of the at least a section of the first layer transverse front edge in order configure the first absorbent layer is to be shaped to adapt to the shape of the user’s body and the second absorbent layer to be shaped to follow the shape and movements of the undergarment (Romare col. 3, ln. 57-64).
Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tulk in view of Hovey, as applied to claim 1 above, and further in view of Coates (Pat. No.: 5,814,037).
Regarding claim 12, Tulk in view of Hovey fail to disclose wherein the third absorbent layer has a width being either smaller or greater than a respective width of the first and second absorbent layer in a respective first and second layer crotch part.
Coates teaches (fig. 6, 7) a washable and reusable undergarment (abstract) and thus in the same field of endeavor, comprising an absorbent core (pad insert 117) comprising a first absorbent layer, a second absorbent layer and a third absorbent layer (layers 117a, 117b, 117c), the third absorbent layer has a width being either smaller or greater than a respective width of the first and second absorbent layer in a respective first and second layer crotch part (fig. 7).
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 third absorbent layer of Tulk in view of Hovey such that it has a width being either smaller or greater than a respective width of the first and second absorbent layer in a respective first and second layer crotch part, as taught by Coates, in order to provide additional fluid evaporation surfaces to facilitate drying (Coates col. 4, ln. 31-42).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tulk in view of Hovey, as applied to claim 1 above, and further in view of Bergman et al. (Pub. No.: US 2021/0402372 A1).
Regarding claim 16, Tulk discloses wherein the absorbent assembly comprises a body-facing layer (water-repellent layer 30, ¶ 0121).
Tulk in view of Hovey fail to disclose the body-facing layer having a basis of weight of 100 gsm.
Bergman teaches (2A-2B) an absorbent assembly (composite 100, abstract) and thus in the same field of endeavor, comprising a body-facing layer (first layer 112) having a basis weight of between 40 gsm and 140 gsm (¶ 0090).
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 body-facing layer of Tulk such that it has a basis weight of 100 gsm, as taught by Bergman, in order to provide a layer that is comfortable and has a nice touch and feel for direct contact with the user (Bergman, ¶ 0084).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Skinner et al. (Pub. No.: US 2021/0393454 A1) discloses a washable and reusable undergarment having a first and second absorbent layer. Griffiths (Pub. No.: US 2016/0089276 A1) discloses a washable and reusable undergarment.
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/MEAGAN NGO/Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781