DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 2, 7, 11, and 16 are objected to because of the following informalities: Claims 2 and 11 disclose the limitation “positioned an” in line 1. This appears to be a typographical error for “positioned at an”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “attachment means” in claim 3, 6, 7, 12, 15, and 16.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
Claims 3, 6-7, 12, and 15-16 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c,d). In the present instance, claims 3 and 12 recite the broad recitation “an adhesive attachment means”, and the claim also recites “such as a hook and loop fabric, a sticky strip, or an adhesive strip” which is the narrower statement of the range/limitation. Claims 6-7 and 15-16 recite the broad recitation “an attachment means”, and the claim also recites “such as a hook and loop fabric, a sticky strip, or an adhesive strip” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richardson (6,623,466).
With respect to claim 1, Richardson discloses a flushable removable diaper liner 26, as shown in figure 3, comprising an interior diaper shape in a breakaway frame 28 having a first tab 24 configured for adding to an existing diaper 10, as shown in figure 4, for use in removing and flushing solid waste 92, as shown in figure 9, prior to depositioning the existing diaper thus preventing solid waste from entering a landfill, as disclosed in column 18, lines 17-20. The diaper liner 26 is disclosed in column 17, lines 33-36, as being made from the same material as the topsheet, which is made of a liquid permeable mesh, as disclosed in column 7, lines 42-57. The diaper liner 26 is impermeable to solid waste 62, as shown in figure 9.
With respect to claim 2, a second tab 24 is positioned at an opposing end from the first tab 24, as shown in figure 4.
With respect to claim 3, an adhesive attachment means 38 is an adhesive strip for attachment to a diaper side of the diaper liner, as shown in figure 5 and disclosed in column 10, lines 52-53.
With respect to claim 4, the interior diaper shape is fitted within a gusset edge (i.e. barrier cuffs 60) of the existing diaper 10, as shown in figure 3.
With respect to claim 5, the existing diaper 10 is disposable or reusable (see Abstract).
With respect to claim 6, the first tab comprises an attachment means 56, as shown in figure 5B, such as an adhesive strip, as disclosed in column 11, lines 20-23, which is fully capable of being attached to an external surface of the existing diaper.
With respect to claim 7, the first and/or second tab comprises an attachment means 56, as shown in figure 5B, such as an adhesive strip, as disclosed in column 11, lines 20-23, which is fully capable of being attached to an external surface of the existing diaper.
With respect to claim 8, the diaper 10 comprises a liquid permeable layer 12, a liquid retaining layer (i.e. absorbent core), and a liquid impermeable exterior facing layer 14, as disclosed in column 7, lines 21-25.
With respect to claim 9, the interior diaper shape 26 is disclosed in column 17, lines 33-36, as being made from the same material as the topsheet, which is made of a biodegradable material, as disclosed in column 7, lines 57-58.
With respect to claim 10, Richardson discloses a removable diaper liner for a diaper 10 comprising an additional top liner 26, as shown in figure 3, that can be removed and flushed, as shown in figure 9, without changing the structure or integrity of the diaper that will be thrown away. The additional top liner 26 is a flushable removable diaper liner 26 comprising an interior diaper shape in a breakaway frame 28 having a first tab 24 configured for adding to an existing diaper 10, as shown in figure 4, for use in removing and flushing solid waste 92, as shown in figure 9, prior to depositioning the existing diaper thus preventing solid waste from entering a landfill, as disclosed in column 18, lines 17-20. The diaper liner 26 is disclosed in column 17, lines 33-36, as being made from the same material as the topsheet, which is made of a liquid permeable mesh, as disclosed in column 7, lines 42-57. The diaper liner 26 is impermeable to solid waste 62, as shown in figure 9. The diaper 10 comprises a liquid permeable layer 12, a liquid retaining layer (i.e. absorbent core), and a liquid impermeable exterior facing layer 14, as disclosed in column 7, lines 21-25.
With respect to claim 11, a second tab 24 is positioned at an opposing end from the first tab 24, as shown in figure 4.
With respect to claim 12, an adhesive attachment means 38 is an adhesive strip for attachment to a diaper side of the diaper liner, as shown in figure 5 and disclosed in column 10, lines 52-53.
With respect to claim 13, the interior diaper shape is fitted within a gusset edge (i.e. barrier cuffs 60) of the existing diaper 10, as shown in figure 3.
With respect to claim 14, the existing diaper 10 is disposable or reusable (see Abstract).
With respect to claim 15, the first tab comprises an attachment means 56, as shown in figure 5B, such as an adhesive strip, as disclosed in column 11, lines 20-23, which is fully capable of being attached to an external surface of the existing diaper.
With respect to claim 16, the first and/or second tab comprises an attachment means 56, as shown in figure 5B, such as an adhesive strip, as disclosed in column 11, lines 20-23, which is fully capable of being attached to an external surface of the existing diaper.
With respect to claim 17, the interior diaper shape 26 is disclosed in column 17, lines 33-36, as being made from the same material as the topsheet, which is made of a biodegradable material, as disclosed in column 7, lines 57-58.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents 4,964,857 and 10,052,241; and UK Patent Application GB2256803A disclose diapers having removable, flushable liners.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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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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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781