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 .
Terminal Disclaimer
The terminal disclaimer filed on 28 May 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Application # 18/683,966 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed 28 May 2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Mellos fails to disclose the claimed wicking layer because the core moisture absorbing layer is a single component, it is noted that Mellos discloses in paragraph [0078] an embodiment comprising two layers of material. Applicant argues that the claims explicitly list both a wicking layer and an absorbent layer as separate features, but the claims do not disclose any features that differentiate the two layers. Therefore, one of the layers disclosed in paragraph [0078] by Mellos anticipates the claim limitation of a wicking layer, and the second layer of Mellos anticipates the claim limitation of an absorbent layer.
In response to Applicant’s argument that the core moisture absorbing layer of Mellos is silent regarding the layer being a wicking layer, it is noted that the claims as presently written do not disclose any additional structure or features that differentiate the wicking layer from the absorbent layer. Applicant argues that a wicking layer is designed to move moisture away from a user’s skin quickly, but such a feature is not claimed, and it is improper to import claim limitations from the specification. Further, it is possible for a layer to both wick liquid and also absorb and retain liquid. Additionally, Mellos discloses the layer described in paragraph [0078] is a knitted fabric comprising synthetic fibers, as disclosed in paragraph [0079], which is fabric described in the present specification as being suitable for use as a wicking layer. Therefore, Mellos discloses a layer that anticipates the claimed wicking layer.
In response to Applicant’s argument that one of ordinary skill in the art would not have modified Mellos’s knitted top layer in view of Kreuzer, it is noted that both Mellos and Kreuzer disclose top layers for absorbent articles with the intent of having liquid easily pass through to absorbent layers below. One of ordinary skill in the art would recognize that the teaching of Kreuzer of the number of apertures per unit area of the top layer would be advantageous regardless of the material of the top layer. Applicant does not provide evidence that the teaching of Kreuzer would not be applicable to the material of Mellos.
In response to Applicant’s argument that Mellos does not disclose a single knit fabric, it is noted that Mellos discloses in paragraph [0014] a single knit layer.
With respect to newly added claims 34-35, please see the rejections below.
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.
Claim(s) 1-3, 7, 10-11, 15-16, 18, 20, 23-24, 27, and 30-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mellos (2023/0082418) in view of Kreuzer (10,888,469).
With respect to claim 1, Mellos discloses a washable and reusable absorbent undergarment, as shown in figure 2a, the undergarment having an extension in the longitudinal direction and the transverse direction. The undergarment has an absorbent assembly 18, as shown in figure 7, comprising a wearer facing top layer 34, a moisture barrier 38, least one absorbent layer 36, and an additional layer that is considered to anticipate a wicking layer beneath the top layer, as disclosed in paragraph [0078]. The top layer 34 has openings 40 that span 1-5 stitches, as shown in figure 9c.
Mellos discloses all aspects of the claimed invention with the exception of 5-60 openings/cm2. Kreuzer teaches providing the top layer of an absorbent article with 20 openings/cm2, as disclosed in column 9, lines 10-22, to provide enough passageways for the flow of excrement with minimizing potential rewet. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the top layer of Mellos with 20 openings/cm2, as taught by Kreuzer, to provide enough passageways for the flow of excrement with minimizing potential rewet.
With respect to claim 2, modified Mellos discloses all aspects of the claimed invention with the exception of the openings having a dimension within the range of 0.3-2.0 mm. Kreuzer teaches providing the top layer of an absorbent article with openings having a dimension in the range of 0.3-2.0 mm, as disclosed in column 9, lines 9-22, to provide enough passageways for the flow of excrement with minimizing potential rewet. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the openings of Mellos with a dimension in the range of 0.3-2.0 mm, as taught by Kreuzer, to provide enough passageways for the flow of excrement with minimizing potential rewet.
With respect to claim 3, modified Mellos discloses all aspects of the claimed invention with the exception of the openings having a dimension within the range of 0.5-1.5 mm. Kreuzer teaches providing the top layer of an absorbent article with openings having a dimension in the range of 0.5-1.5 mm, as disclosed in column 9, lines 9-22, to provide enough passageways for the flow of excrement with minimizing potential rewet. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the openings of Mellos with a dimension in the range of 0.5-1.5 mm, as taught by Kreuzer, to provide enough passageways for the flow of excrement with minimizing potential rewet.
With respect to claim 7, the top layer 34 of Mellos has 2-10 wales and 2-10 courses between openings 40, as shown in figure 9c and disclosed in paragraph [0073].
With respect to claim 10, modified Mellos discloses all aspects of the claimed invention with the exception of the wicking layer being a jersey knit. Jersey is a commonly known knitting technique that is known to be used in absorbent undergarments. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the wicking layer of Mellos from a jersey knit to achieve the predictable result of applying a known technique to a known product.
With respect to claim 11, Mellos teaches providing additional absorbent layers to increase absorbency, as disclosed in paragraph [0069]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorbent assembly of Mellos with two absorbent layers in addition to a wicking layer to achieve the predictable result of increasing absorbency.
With respect to claim 15, the top layer 34 of Mellos is not a spacer fabric, as shown in figure 7.
With respect to claim 16, the openings 40 of Mellos are through holes, as shown in figure 9c.
With respect to claim 18, Mellos discloses all aspects of the claimed invention with the exception of 15-40 openings/cm2. Kreuzer teaches providing the top layer of an absorbent article with 20 openings/cm2, as disclosed in column 9, lines 10-22, to provide enough passageways for the flow of excrement with minimizing potential rewet. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the top layer of Mellos with 20 openings/cm2, as taught by Kreuzer, to provide enough passageways for the flow of excrement with minimizing potential rewet.
With respect to claim 20, the openings 40 of Mellos span about 1-5 stitches, as shown in figure 9c.
With respect to claim 23, the openings 40 of Mellos are arranged in transversal rows, as shown in figure 9c.
With respect to claim 24, the openings 40 of Mellos in adjacent rows are offset in relation to each other, as shown in figure 9c.
With respect to claim 27, the openings 40 of Mellos are elongated, as shown in figure 9c. Mellos remails silent as to a ratio of length to width of greater than 1.5, but shows in figure 9c openings that have a length of about 4 stitches and a width of only 1 stitch. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the ratio of length to width of the openings of Mellos greater than 1.5 since Mellos reasonably teaches such a ratio and to achieve the predictable result of openings of sufficient size to allow blood to pass through (see Mellos, paragraph [0072]).
With respect to claim 30, modified Mellos discloses all aspects of the claimed invention with the exception of the top layer being a Jacquard technique. Jacquard is a commonly known knitting technique that is known to be used in absorbent undergarments. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the top layer of Mellos from a Jacquard technique to achieve the predictable result of applying a known technique to a known product.
With respect to claim 31, the top layer of Mellos is a single knit fabric, as disclosed in paragraph [0073].
With respect to claim 32, the openings 40 of Mellos are tuck stitches, as disclosed in paragraph [0073].
With respect to claim 33, Mellos discloses a washable and reusable absorbent assembly 18, as shown in figure 6, the assembly having an extension in the longitudinal direction and the transverse direction. The absorbent assembly 18, as shown in figure 7, comprises a wearer facing top layer 34, a moisture barrier 38, least one absorbent layer 36, and an additional layer that is considered to anticipate a wicking layer beneath the top layer, as disclosed in paragraph [0078]. The top layer 34 has openings 40 that span 1-5 stitches, as shown in figure 9c.
Mellos discloses all aspects of the claimed invention with the exception of 5-60 openings/cm2. Kreuzer teaches providing the top layer of an absorbent article with 20 openings/cm2, as disclosed in column 9, lines 10-22, to provide enough passageways for the flow of excrement with minimizing potential rewet. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the top layer of Mellos with 20 openings/cm2, as taught by Kreuzer, to provide enough passageways for the flow of excrement with minimizing potential rewet.
With respect to claim 34, the top layer 34 and absorbent layer 36 of Mellos are separate layers, as shown in figure 7. Mellos further discloses an additional layer in paragraph [0078] that anticipates the wicking layer and is separate from the absorbent layer 36.
Claim(s) 5, 8, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mellos (2023/0082418) in view of Kreuzer (10,888,469), and further in view of Chong et al. (2024/0207107).
With respect to claim 5, modified Mellos discloses all aspects of the claimed invention with the exception of the top layer having a basis weight of 80-200 gsm. Chong teaches a suitable basis weight for the top layer of an absorbent undergarment is 180 gsm, as disclosed in paragraph [0060]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the top layer of Mellos with a basis weight of 180 gsm, as taught by Chong, to achieve the predictable result of a material having a suitable weight for an absorbent undergarment.
With respect to claim 8, modified Mellos discloses all aspects of the claimed invention with the exception of the wicking layer having a basis weight of 180-250 gsm. Chong teaches a suitable basis weight for the wicking layer of an absorbent undergarment is 180 gsm, as disclosed in paragraph [0060]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the wicking layer of Mellos with a basis weight of 180 gsm, as taught by Chong, to achieve the predictable result of a material having a suitable weight for an absorbent undergarment.
With respect to claim 12, modified Mellos discloses all aspects of the claimed invention with the exception of the top layer having a basis weight of 200-350 gsm. Chong teaches a suitable basis weight for the absorbent layer of an absorbent undergarment is 235 gsm, as disclosed in paragraph [0061]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the absorbent layer of Mellos with a basis weight of 235 gsm, as taught by Chong, to achieve the predictable result of a material having a suitable weight for an absorbent undergarment.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mellos (2023/0082418) in view of Kreuzer (10,888,469), and further in view of Takatera et al. (2002/0198508)
With respect to claim 35, modified Mellos discloses all aspects of the claimed invention with the exception of the top layer being a synthetic material. Mellos discloses the use of hydrophobic fibers, but remains silent as to the hydrophobic fibers being synthetic. Takatera discloses an undergarment having a top layer 1, as shown in figure 2, and teaches forming the top layer from a mixture of natural and synthetic fibers to improve the surface dry touch, as disclosed in paragraph [0016]. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the top layer of Mellos with synthetic material, as taught by Takatera, to improve the surface dry touch of the layer.
Conclusion
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.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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