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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
the body 10, is mentioned in the specification (published application US 2024/0325215; para. 0021-0025), but is not shown in the drawings
lower perimeter edge 87 is mentioned in the specification (published application US 2024/0325215; para. 0025), but is not shown in the drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: In the published application US 2024/0325215; paragraph 0022, the front wall panel is identified as number 20 and then as number 30.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
Claims 1-7 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claims 1 recites the limitation “the second layer of the body being adjacent a user” in line 8;
Claims 3 and 4 recite the limitation “adjacent a groin area of the wearer” in lines 2 and 3, respectively.
The broadest reasonable interpretation of these claims necessarily includes a feminine hygiene product being positioned relative to a person’s body. That is, the person’s body must be part of the claim to infringe these limitations. Accordingly, claims 1, 3, and 4 recite a human organism and the rejection under 35 U.S.C. 101 is proper. A suggestion is to use the language of "configured to be positioned adjacent to” or some version thereof.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Venable US Patent Application Publication 2011/0224639.
As to claim 1, Venable teaches a feminine hygiene product 100 configured to capture and retain bodily fluids (Abstract) wherein the feminine hygiene product comprises:
a body, the body having a first layer 204, 122 (exterior portion) and a second layer 200, 120 (interior portion) (Fig. 9B and 9C; para. 0059), the first layer and the second layer being adjacent and operably coupled (Fig. 9A-9C), the body having a front wall panel 108 and a rear wall panel 110 (Fig. 2; para. 0030).
Venable teaches the present invention substantially as claimed. Venable does not teach the front wall panel 108 and the rear wall panel 110 having opposing side panels operably coupled intermediate the front wall panel and rear wall panel. Instead, the side panels/regions 132, 134 (Fig. 3) are integral with the front wall panel 108 and rear wall panel 110. It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide separate opposing side panels, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
The second layer 200 of the body being adjacent a user (para. 0060), the second layer 200 being manufactured from an absorbent material – where Venable teaches the cover (second) layer 200 can comprise natural fibers, for example, cellulose fiber derived from wood pulp, cotton fibers, the like, and combination thereof (para. 0060). Although Venable teaches preferred material for the cover layer 200 are liquid pervious but non-absorbent (para. 0060), Venable does teach the cover layer comprises cellulosic fibers, an absorbent material, as mentioned above and teaches the cover layer 200 preferably is a material that tends to wick moisture from the body and direct the moisture to the absorbent core 202. Venable further teaches the surfactant treated cover layer should be less hydrophilic than the absorbent core layer for most application settings (para. 0061).
The body further having upper leg portions 104,106, the upper leg portions being integrally formed with the front wall panel 108 and the rear wall panel 110 (Fig. 1A, 1B, and 2’ para 0033),
the upper leg portions having a lower perimeter edge 146 (Fig. 1A, 2, and 7B; para 0056);
the first layer 204, 122 of the body being manufactured from elastane (para. 0074).
Venable teaches the portions of the garment may comprise a single piece of fabric or two or more pieces of fabric operatively associated together to form the garment (para. 0033).
Venable further teaches the body is configured to provide coverage of a pelvic area of a wearer (para. 0086).
Claims 2-7 are rejected under 35 U.S.C. 103 as being unpatentable over Venable US Patent Application Publication 2011/0224639 in view of Baumchen US Patent Application Publication 2005/0261658.
As to claim 2, Venable teaches the present invention substantially as claimed. The examiner considers the absorbent thigh areas 138, 140 as tab members in that these areas function like the tab members of the present invention, to capture bodily fluids present in the groin area (published application US 2024/0325215 para. 0025; Venable para. 0043).
Venable teaches the tab members 138, 140 being integrally formed with the lower perimeter edge 146 of the upper leg portions (Fig. 5, 7B, 8B). Venable does not teach the tab members 138, 140 extending downward from the lower perimeter edge. Venable does teach the absorbent garment is provided with an increased surface area of absorbent material for increased protection to the wearer against leakage of bodily fluids and to prevent soiling of the wearer’s outer garments (Venable para. 0026). Venable further teaches the absorbent portion 126 having an absorbent region 136 that is considered an extension of the central absorbent region 128 (para. 0037). Venable teaches the length of the central absorbent region, forward and rear, can vary depending on the needs of the wearer. Venable teaches the absorbent region can extend at least about 6 inches and up to 10 inches forward and/or rear of the center point 131 of the central absorbent region (para. 0038-0039), which is generally configured to be adjacent the flow sources when the undergarment is worn (para. 0039). Although Venable does not teach tabs 138, 140 extending downward from the lower perimeter edge of the upper leg portions, Venable provides motivation for an extensive absorbent region to protect the thigh and leg areas - where Venable teaches increasing coverage for the thighs, and longer pants can be used to provide coverage of the inner thigh regions (para. 0086) also teaches the garment can be provided in a variety of sizes to accommodate a variety of body shapes and sizes and leg openings can vary and designed so that garment is not bulky and has a smooth appearance such that the garment is not readily detectable under the wearer’s outer garments (Venable para. 0041-0043, 0053, 0087). Baumchen teaches an absorbent article having absorber flaps 14, 16 attached to the lower perimeters 7, 9 of a boxer short type incontinence garment (Baumchen Fig. 1 and 2; para. 0024) for the benefits of providing a discreet absorbent undergarment that helps to keep the user’s clothing dry (para. 0005, 0025-0027). Baumchen teaches the absorber flaps 14, 16 can encircle the user’s leg, positioned to cover an inner portion of the user’s thigh as well as at least a portion of the front of the user’s thigh (Baumchen para. 0031); and be sized and positioned to be discreet and unnoticeable to those other than the user (Baumchen para. 0024-0025).
It would have been obvious to one having ordinary skill in the art to modify Venable with the absorber flaps of Baumchen since both Venable and Baumchen are from the same field of endeavor and seek to provide an absorbent article that is discreet and absorbent and is not readily detectable under the wearer’s outer garments (Venable para. 0087, 0089; Baumchen (para. 0024-0025, 0031).
As to claim 3, the tab members 112, 114 (thigh regions), 138,140 are adjacent a groin area of the wearer – where the aforementioned tab members are configured to be present in a upper thigh and groin area (Fig. 5, 7A, and 7B; para. 0044, 0047-0048).
As to claim 4, the tab members 112, 114, 138, 140 extend from the front wall panel to the rear wall panel adjacent the groin area of the wearer - where the tab members 138, 140 are configured to be present in a upper thigh and groin area (Fig. 5, 7A, and 7B; para. 0044, 0047-0048).
As to claim 5, the opposing side panels, see the rejection of claim 1, being integral with the leg portions, are manufactured from elastane (para. 0074).
As to claim 6, the body further including a waistband 118, the waistband extending around a top of the body (Fig. 1A, 1B; para. 033).
As to claim 7, Venable teaches the body is formed in a boxer short style (Fig. 1A, 1B, 2, 4, 5, 7B, 8B, 10A, 10B, and 12; para. 0028).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Carlino et al. US Patent Application Publication 2023/0225437 is cited to show feminine hygiene products with increased absorbency in the upper thigh and groin regions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
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, 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.
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.
/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781