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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klinger (US 5,383,867).
Regarding claim 1, Klinger discloses an incontinence apparatus for mitigating a wetting of garments due to involuntary urination in a human male (see Figs. 1-6, Abstract) comprising: (a) underpants (see Figs. 1-6) including a waistband 36, a pair of leg openings 40, 42; and a central opening 44 to allow penetration of a penis (see col. 7, lines 47-60); and (b) an absorbent flap 50 (see Figs. 1, 6; col. 8, lines 31-36) positioned on the underpants and being selectively movable between a covering position and a supporting position (see Figs. 5, 6; col. 8, lines 5-10, with flap 50 moved from covering the opening to uncovering the opening); (i) the covering position including the absorbent flap being against the underpants and covering the central opening (see Figs. 1, 5-6); and (ii) the supporting position including the absorbent flap having at least one underpants portion secured to the underpants below the central opening with an absorbent flap remaining portion of the absorbent flap extending away from the underpants to be positioned below the penis extending through the central opening (see Figs. 5-6; col. 4, lines 66-68; col. 5, lines 1-6; col. 8, lines 5-10).
Regarding claim 2, Klinger discloses the apparatus further comprising a coupling arrangement 54 between the absorbent flap and the underpants (see Figs. 4-5; col. 8, lines 20-31) to permit convenient positioning of the absorbent flap between the covering position and the supporting position (see Fig. 6; col. 8, lines 20-31).
Regarding claim 5, Klinger discloses the coupling arrangement includes an adhesive (see col. 8, lines 20-31).
Regarding claim 9, Klinger discloses the apparatus of claim 1 along with the required absorbent flap (see Figs. 1-6), which is capable of being thrown away and therefore disposable.
Claim(s) 1, 6, 8, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wyant (US 5,843,065).
Regarding claim 1, Wyant discloses an incontinence apparatus (see Figs. 1-6) for mitigating a wetting of garments due to involuntary urination in a human male (see Abstract) comprising: (a) underpants (see Figs. 1-6) including a waistband W (see Fig. 2), a pair of leg openings LO (see Fig. 2; col. 3, lines 3-5) and a central opening 69 to allow penetration of a penis (see col. 3, lines 29-37); and (b) an absorbent flap 51 (see col. 3, lines 11-14) positioned on the underpants (see Fig. 4) and being selectively movable between a covering position (see Fig. 4) and a supporting position (see Fig. 6); (i) the covering position including the absorbent flap being against the underpants and covering the central opening (see Fig. 4); and (ii) the supporting position including the absorbent flap having at least one underpants portion secured to the underpants below the central opening with an absorbent flap remaining portion of the absorbent flap extending away from the underpants to be positioned below the penis extending through the central opening (see Fig. 6).
Regarding claim 6, Wyant discloses the absorbent flap 51 is removable and replaceable from the underpants (see col. 3, lines 24-28).
Regarding claim 8, Wyant discloses the absorbent flap 51 is an oblong shape (see Figs. 3, 6) adapted to fully support the penis while in the supporting position (see Fig. 6; col. 3, lines 39-43).
Regarding claim 17, Wyant discloses a method of preparing an incontinence apparatus (see Figs. 1-6) comprising: (a) providing underpants (see Figs. 1-6) worn by a human (see Abstract describing male along with Figs. 1-6 including leg openings LO for human legs), including a waistband W (see Fig. 2), a pair of leg openings LO ((see Fig. 2; col. 3, lines 3-5), and central opening 69 sized to accommodate a penis (see col. 3, lines 29-37); and (b) removably attaching an absorbent flap 51 (see col. 3, lines 11-14) to the underpants to selectively cover the central opening (see Figs. 4 and 6), while allowing the absorbent flap to be positioned to project outward from the underpants when the penis extends through the central opening (see Fig. 6).
Regarding claim 20, Wyant discloses an absorbent flap 51 (see col. 3, lines 11-14) for use with an incontinence apparatus (see Figs. 1-6), the absorbent flap comprising: a base material 53 having an elongated shape and a perimeter edge (see Fig. 3); a hook and loop fastener material 61 (see col. 3, lines 19-21) secured to at least a portion of the perimeter edge (see Fig. 3); and an absorbent core 55 secured to the base material (see Fig. 3); wherein the absorbent flap is shaped and configured to removably cover an opening for a penis in underpants (see Figs. 4, 6; col. 3, lines 56-59).
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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klinger in view of Holder (GB 2500186).
Regarding claim 3, Klinger discloses the apparatus of claim 2 but does not disclose the coupling arrangement includes a hook and loop fastener.
Holder discloses an alternative to a releasable seal of an adhesive is Velcro (see Abstract, page 2, lines 11-14), which is a hook and loop fastener. The substitution of one element (resealable adhesive of Holder) for another (resealable hook and loop fastener) would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since the substitution would have yielded predictable results, namely, a releasable seal to prevent unintentional separation or disengagement of the flap.
Regarding claim 4, Klinger discloses the apparatus of claim 2 but does not disclose the coupling arrangement includes at least one button.
Holder discloses a flap that includes a sealing means for releasably sealing with a front panels such as an adhesive, and states that other sealing means may be included such as buttons (see page 2, lines 11-14). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include other sealing means such as buttons to the flap of Klinger, such an addition proposed by Holder and predictably resulting in additional releasable sealing means that would help with maintaining the flap in place.
Kilnger discloses an absorbent flap for use with an incontinence apparatus; the absorbent flap comprising: (a) a base material having an elongated shape and a perimeter edge; (b) a hook & loop fastener material secured to at least a portion of the perimeter edge; and (c) an absorbent core secured to the base material; wherein the absorbent flap is shaped and configured to removably cover an opening for a penis in underpants.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klinger in view of Taylor (US 3,926,189).
Regarding claim 7, Klinger discloses the apparatus of claim 1 further comprising an absorbent core 30 (see Fig. 4) but does not disclose the absorbent core having felted or woven fibers.
Taylor discloses underpants comprising an absorbent core 24, the absorbent core having felted fibers (see Abstract; col. 2, lines 56-61). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the absorbent core of Klinger include felted fibers, such a material suggested by Taylor for an absorbent core and predictably resulting in absorption of moisture/urine.
Claim(s) 10 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wyant in view of Guerrero (US 9,125,440).
Regarding claim 10, Wyant discloses the apparatus of claim 1 but does not disclose the apparatus further comprising a pair of trousers adapted to be worn on top of the underpants, the pair of trousers including: (a) a trouser waistband; (b) a pair of trouser leg openings; and (c) a trouser central opening to allow the penetration of the absorbent flap, wherein the trouser central opening is selectively movable between a trouser covering position and a trouser supporting position; (i) the trouser covering position including a trouser flap covering the trouser central opening; and (ii) the trouser supporting position including the trouser flap having at least a portion of the trouser flap secured to the pair of trousers below the central opening with a trouser remaining portion of the trouser flap extending away from the pair of trousers to be positioned below the absorbent flap extending through the trouser central opening.
Official notice is taken that it is well-known to wear pants/trousers over underpants, especially as the name “underpants” itself suggests that it is for under pants. Consequently, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the apparatus further comprise a pair of trousers adapted to be worn on top of the underpants, as wearing pants/trousers over underpants is well known and allows for more modesty and warmth in covering of the body versus just wearing underpants.
Guerrero discloses a pair of trousers (see Figs. 1-3) including: (a) a trouser waistband 16; (b) a pair of trouser leg openings (see Figs. 1-2, right and left sections with openings for each leg); and (c) a trouser central opening (see Figs. 3, 7; col. 2, lines 55-66) , wherein the trouser central opening is selectively movable between a trouser covering position (see Fig. 1) and a trouser supporting position (see Fig. 7; col. 2, lines 55-66, removal of front flap all the way back past the scrotum); (i) the trouser covering position including a trouser flap 12 covering the trouser central opening (see Fig. 1); and (ii) the trouser supporting position including the trouser flap having at least a portion of the trouser flap secured to the pair of trousers below the central opening with a trouser remaining portion of the trouser flap extending away from the pair of trousers (see Fig. 3 and col. 2, lines 55-66, continuation of pulling down flap would be away from the trousers). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the trousers be those configured such as disclosed by Guerrero in order to allow men to urinate without removing their pants simply by removing the front flap (see Guerrero, claim 2, lines 63-66).
As the trouser opening would allow for urination without removal of pants and the absorbent flap of Wyant is capable of being placed through a narrow slit (see Fig. 6), the resulting trouser opening would allow the penetration of the absorbent flap due to the flap’s flexibility of being able to be pulled through such a narrow opening in Wyant and its requirement in being pulled out before the penis could go through the central opening for urination. Additionally, as the trouser flap would have to be pulled down before accessing what is under the trouser flap (the underpants), the trouser flap extending away from the pair of trousers would be positioned below the absorbent flap, which would have to be pulled out in order for the penis to go through the central opening for urination. Consequently, the trouser flap would be below the absorbent flap extending through the trouser central opening.
Regarding claim 18, Wyant discloses the method of claim 17 but does not disclose further comprising providing a pair of trousers worn by the human on top of the underpants, the pair of trousers including: a trouser waistband; a pair of trouser leg openings; and a trouser central opening sized to accommodate the central opening.
Official notice is taken that it is well-known to wear pants/trousers over underpants, especially as the name “underpants” itself suggests that it is for under pants. Consequently, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the apparatus further comprise a pair of trousers adapted to be worn on top of the underpants, as wearing pants/trousers over underpants is well known and allows for more modesty and warmth in covering of the body versus just wearing underpants.
Guerrero discloses a pair of trousers (see Figs. 1-3) including: (a) a trouser waistband 16; (b) a pair of trouser leg openings (see Figs. 1-2, right and left sections with openings for each leg); and (c) a trouser central opening (see Figs. 3, 7; col. 2, lines 55-66) , wherein the trouser central opening is selectively movable between a trouser covering position (see Fig. 1) and a trouser supporting position (see Fig. 7; col. 2, lines 55-66, removal of front flap all the way back past the scrotum); (i) the trouser covering position including a trouser flap 12 covering the trouser central opening (see Fig. 1); and (ii) the trouser supporting position including the trouser flap having at least a portion of the trouser flap secured to the pair of trousers below the central opening with a trouser remaining portion of the trouser flap extending away from the pair of trousers (see Fig. 3 and col. 2, lines 55-66, continuation of pulling down flap would be away from the trousers). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the trousers be those configured such as disclosed by Guerrero in order to allow men to urinate without removing their pants simply by removing the front flap (see Guerrero, claim 2, lines 63-66).
As the trouser opening would allow for urination without removal of pants and the absorbent flap of Wyant is capable of being placed through a narrow slit (see Fig. 6), the resulting trouser opening would allow the penetration of the absorbent flap due to the flap’s flexibility of being able to be pulled through such a narrow opening in Wyant and its requirement in being pulled out before the penis could go through the central opening for urination, therefore the trouser central opening would be sized to accommodate the central opening. Additionally, as the trouser flap would have to be pulled down before accessing what is under the trouser flap (the underpants), the trouser flap extending away from the pair of trousers would be positioned below the absorbent flap, which would have to be pulled out in order for the penis to go through the central opening for urination. Consequently, the trouser flap would be below the absorbent flap extending through the trouser central opening.
Regarding claim 19, Wyant and Guerrero disclose the limitations of claim 18 and further disclose allowing the absorbent flap to be positioned to project through the trouser central opening when the penis extends through the trouser central opening, as the trouser flap would have to be pulled down before accessing what is under the trouser flap (the underpants), the trouser flap extending away from the pair of trousers would be positioned below the absorbent flap, which would have to be pulled out in order for the penis to go through the central opening for urination (see rejection of claim 18 above).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wyant in view of Guerrero as applied to claim 10 above, and further in view of Stearns (US 2010/0037368).
Regarding claim 11, Wyant and Guerrero disclose the limitations of claim 10 and Guerrero further discloses the trouser flap 12 is at least partially secured to the pair of trousers with stitching (see Figs. 6-8, flap 12 attached via comfort pocket 36, attached to the trousers via stitching as shown in Figure 8) but does not disclose the stitching being double stitching.
Stearns discloses pants with a seam that is sewn with either a single or double stitch (see par. 45). Consequently, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the seam of the stitch of Wyant and Guerrero be either a single or double stitch, Stearns disclosing such alternatives for seams, and this predictably resulting in the attachment of the flap to the trousers via stitching.
Claim(s) 12 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guerrero in view of Wyant.
Regarding claim 12, Guerrero discloses a pair of trousers (see Figs. 1-3) comprising: (a) a trouser waistband 16; (b) a pair of trouser leg openings (see Figs. 1-2, right and left sections with openings for each leg); and (c) a trouser central opening (see Figs. 3, 7; col. 2, lines 55-66), wherein the trouser central opening is selectively movable between a trouser covering position (see Fig. 1) and a trouser supporting position (see Fig. 7; col. 2, lines 55-66, removal of front flap all the way back past the scrotum); (i) the trouser covering position including a trouser flap 12 covering the trouser central opening (see Fig. 1); and (ii) the trouser supporting position including the trouser flap having at least one portion of the trouser flap secured to the pair of trousers below the trouser central opening with a trouser remaining portion of the trouser flap extending away from the pair of trousers (see Fig. 3 and col. 2, lines 55-66, continuation of pulling down flap would be away from the trousers) to be positioned below the absorbent flap extending through the trouser central opening.
Guerrero does not disclose the trousers for mitigating a wetting of garments due to involuntary urination in a human, the trouser central opening to allow penetration of an absorbent flap, and the trouser flap to be positioned below the absorbent flap extending through the trouser central opening.
Wyant discloses an incontinence apparatus (see Figs. 1-6) for mitigating a wetting of garments due to involuntary urination in a human male (see Abstract) comprising: (a) underpants (see Figs. 1-6) including a waistband W (see Fig. 2), a pair of leg openings LO (see Fig. 2; col. 3, lines 3-5) and an underpants central opening 69 to allow penetration of a penis (see col. 3, lines 29-37); and (b) an absorbent flap 51 (see col. 3, lines 11-14) positioned on the underpants (see Fig. 4) and being selectively movable between a covering position (see Fig. 4) and a supporting position (see Fig. 6); (i) the covering position including the absorbent flap being against the underpants and covering the underpants central opening (see Fig. 4); and (ii) the supporting position including the absorbent flap having at least one underpants portion secured to the underpants below the underpants central opening with an absorbent flap remaining portion of the absorbent flap extending away from the underpants to be positioned below the penis extending through the central opening (see Fig. 6).
Official notice is taken that it is well-known to wear pants/trousers over underpants, especially as the name “underpants” itself suggests that it is for under pants. Consequently, it would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the apparatus further comprise a pair of trousers adapted to be worn on top of the underpants of Wyant, as wearing pants/trousers over underpants is well known and allows for more modesty and warmth in covering of the body versus just wearing underpants. As the trouser opening would allow for urination without removal of pants (see Guerrero, claim 2, lines 63-66) and the absorbent flap of Wyant is capable of being placed through a narrow slit (see Fig. 6), the resulting trouser opening would allow the penetration of the absorbent flap due to the flap’s flexibility of being able to be pulled through such a narrow opening in Wyant and its requirement in being pulled out before the penis could go through the central opening for urination. Additionally, as the trouser flap would have to be pulled down before accessing what is under the trouser flap (the underpants), the trouser flap extending away from the pair of trousers would be positioned below the absorbent flap, which would have to be pulled out in order for the penis to go through the central opening for urination. Consequently, the trouser flap would be below the absorbent flap extending through the trouser central opening. All the above characteristics of the underpants when combined with the trousers would result in a pair of trousers for mitigating a wetting of garments due to involuntary urination in a human.
Regarding claim 14, Guerrero and Wyant disclose the limitations of claim 12 and Guerrero further discloses the trouser waistband is adjustable (see Abstract; col. 1, lines 47-50).
Regarding claim 15, Guerrero and Wyant disclose the limitations of claim 12, and Wyant further discloses (as cited above) (a) underpants (see Figs. 1-6) including a waistband W (see Fig. 2), a pair of leg openings LO (see Fig. 2; col. 3, lines 3-5) and an underpants central opening 69 to allow penetration of a penis (see col. 3, lines 29-37); and (b) an absorbent flap 51 (see col. 3, lines 11-14) positioned on the underpants (see Fig. 4) and being selectively movable between a covering position (see Fig. 4) and a supporting position (see Fig. 6); (i) the covering position including the absorbent flap being against the underpants and covering the underpants central opening (see Fig. 4); and (ii) the supporting position including the absorbent flap having at least one underpants portion secured to the underpants below the underpants central opening with an absorbent flap remaining portion of the absorbent flap extending away from the underpants to be positioned below the penis extending through the central opening (see Fig. 6).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guerrero in view of Wyant as applied to claim 12 above, and further in view of Stearns.
Regarding claim 13, Guerrero and Wyant disclose the limitations of claim 12 and Guerrero further discloses the trouser flap 12 is at least partially secured to the pair of trousers with stitching (see Figs. 6-8, flap 12 attached via comfort pocket 36, attached to the trousers via stitching as shown in Figure 8), therefore disclosing the trouser covering disposed around a periphery of the trouser central opening with stitching, but does not disclose the stitching being double stitching.
Stearns discloses pants with a seam that is sewn with either a single or double stitch (see par. 45). Consequently, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the seam of the stitch of Wyant and Guerrero be either a single or double stitch, Stearns disclosing such alternatives for seams, and this predictably resulting in the attachment of the flap to the trousers via stitching.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guerrero in view of Wyant as applied to claim 15 above, and further in view of Blauer et al. (US 5,588,154).
Regarding claim 16, Guerrero and Wyant disclose the limitations of claim 15 but do not disclose the pair of trousers are machine washable.
Blauer discloses trousers that are machine washable (see col. 9, lines 54-56) as well as the use of machine washable shell fabric and waistband (see col. 8, line 47; col. 9, line 34-36). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the trousers be machine washable, trousers being machine washable disclosed by Blauer and help provide user with low maintenance cost/easy care (see Blauer, col. 8, lines 49-50).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boykins, Jr. (US 4,389,733), disclosing pants with a flap that is attached via hook and loop means; Southwell (US 4,637,078), disclosing an undergarment for males with a slit in the front and flap attaching over the slit and attached via hook and loop means; Johnson (US 8,702,667), disclosing a male incontinence garment with a flap that has velcro along the edge for attachment to a brief; and Kovalik (US 5,926,851), disclosing a garment for handicapped individuals comprising trousers with a flap.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIANA ZIMBOUSKI whose telephone number is (303)297-4665. The examiner can normally be reached 8:30 - 5:00 PST M-F.
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/ARIANA ZIMBOUSKI/ Primary Examiner, Art Unit 3781