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 .
Response to Amendment
The amendment filed 08/14/2026 has been entered. Claim 1 has been amended. Claim 14 is new. Claims 1-14 remain pending in this application. Claims 8-13 are withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 6-7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new grounds of rejection is made over Mugadza and Belardo is no longer relied upon.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 6-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mugadza (Pub. No.: US 2024/0207085 A1).
Regarding claim 1, Mugadza discloses (fig. 1-3) a menstrual collecting device (menstrual cup 100) configured as a menstrual disc for placement within the vaginal fornix underneath the cervix (¶ 0004, ¶ 0139), comprising a collection bag (receptacle 102) having a rim (top rim 104) (¶ 0109), the collection bag created by a wall enclosing a chamber having a volume for collecting menstrual discharge (¶ 0109), the collection bag having a height between a bottom surface and a front surface (fig. 1), the collection bag having an opening located on the front surface of the collection bag (fig. 1), the rim surrounding the perimeter of the opening and having a volume for collecting menstrual discharge (fig. 1), wherein a diameter of the front surface is greater than the height of the collection bag between the front surface and the bottom surface (fig. 1-3), and an elongated flexible pull string or pull tab (stem 108 of the same material as the receptacle ¶ 0109, which is foldable ¶ 0108 and thus flexible) being attached to the rim or below the rim (fig. 1, ¶ 0109) and configured to facilitate removal of the menstrual collecting device from underneath the cervix toward the vaginal opening (¶ 0091).
Regarding claim 2, Mugadza discloses wherein the menstrual collecting device is reusable or disposable (¶ 0094).
Regarding claim 3, Mugadza discloses wherein the rim is defined further by one or more of the following features:
a) the rim is adjustable, and the adjustable rim includes an expandable/contractible feature (¶ 0095),
b) the rim is a co-molded ridged material to create a spring, comprises opposing indents, is a spiral molded with variable wall thicknesses, is a spring coil molded with variable wall thicknesses, comprises a "C" spring, and/or comprises any other suitable collapsing feature;
c) the rim is substantially circular, elliptical, or any other suitable shape (fig. 1);
d) the rim is manufactured by a method which includes injection molding, co-molding and/or compression molding; and/or
e) the rim is concave.
Regarding claim 6, Mugadza discloses wherein the collection bag is defined further by one or more of the following features:
a) some or all parts of the collection bag have different wall thickness to prevent sudden spillage upon the user's activity;
b) the collection bag is contoured to prevent spillage; and/or
c) the collection bag is in the shape of a semi-sphere, a spherical ellipsoid, the frustum of a cone, or a semi sphere that is flattened near the bottom (fig. 1).
Regarding claim 7, Mugadza discloses wherein the pull string or a pull tab is defined further by one or more of the following features:
a) the pull string is connected to the menstrual collecting device on or below the rim and serves to ease removal for the user (fig. 1, ¶ 0091);
b) the pull string or the pull tab is connected to the return wall;
c) the pull string or the pull tab may have texture for the user’s grip; and/or
d) the pull string or the pull tab is wider at its point of attachment to the menstrual collecting device and tapers out.
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mugadza, as applied to claim 1 above, and further in view of Vasudeva (Pat. No.: US 10470920 B1).
Regarding claim 4, Mugadza fails to disclose wherein the menstrual collecting device further may comprise of a return wall positioned over a portion of the opening of the menstrual collecting device, the return wall being attached to the rim and/or to the wall of the menstrual collecting device.
Vasudeva teaches (fig. 1-6) a menstrual collecting device (menstrual cup 10) and thus in the same field of endeavor, comprising a collection bag (storage receptacle 20) having a rim (upper rim 24),
Wherein the menstrual collecting device further may comprise of a return wall (barrier funnel 30) positioned over a portion of the opening of the menstrual collecting device (fig. 5-6), the return wall being attached to the rim (col. 3, ln. 53-55) and/or to the wall of the menstrual collecting device, the return wall configured to prevent backflow and leakage (abstract).
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 menstrual collecting device of Mugadza such that it comprises a return wall positioned over a portion of the opening of the menstrual collecting device, the return wall being attached to the rim and/or to the wall of the menstrual collecting device, as taught by Vasudeva, in order to prevent backflow and leakage (Vasudeva, abstract).
Regarding claim 5, Mugadza in view of Vasudeva disclose the return wall, as discussed above in claim 4. Mugadza in view of Vasudeva further disclose wherein the return wall is defined further by one or more of the following features:
a) the return wall is angled downwards transitioning into the opening;
b) the opening is located at the center or side of the rim (Vasudeva fig. 6);
c) the opening takes the shape of a circle (Vasudeva fig. 2), a hexagon, a water droplet, a slit, an "x", or any other suitable shape for collection of menstrual discharge in the collection bag;
d) the return wall's function is to withhold collected vaginal discharges or menses from escaping (Vasudeva col. 6, ln. 1-6); and/or
e) the opening can be closed or sealed through different mechanisms involving folding, sealing, and/or covering the return wall for ease of disposal.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mugadza, as applied to claim 1 above, and further in view of Contente (Pat. No.: US 6,264,638 B1).
Regarding claim 14, Mugadza fails to disclose wherein the diameter of the front surface is in the range from 55 to 75 mm and the height of the collection bag is in the range from 10 to 40 mm.
Contente teaches (fig. 13-14) a menstrual collecting device (device 250; col. 7, ln. 4-8) and thus in the same field of endeavor, comprising a collection bag having a rim (elastomeric rim 252), the collection bag having a height (depth 292 and height 256) between a bottom surface and a front surface (fig. 14), wherein a diameter (outside diameter 282) of the front surface is greater than the height of the collection bag between the front surface and the bottom surface (fig. 14), wherein the diameter of the front surface is between 68 and 72 mm (col 14, ln. 33-38), which falls within the claimed range of 55 to 75 mm, and the height of the collection bag is 40 mm (the rim height 256 is 10 mm col. 14, ln. 8-9 and the depth 292 is 40 mm col. 12, ln. 27-29), which falls within the claimed range of from 10 to 40 mm, wherein such diameter is of an acceptable size for most women (col. 14, ln. 31-38) and such height of the collection bag is configured to prevent spillage during removal of the device (col. 12, ln. 24-32).
“[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).
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 menstrual collecting device of Mugadza such that the diameter of the front surface is in the range from 55 to 75 mm and the height of the collection bag is in the range from 10 to 40 mm, as taught by Contente, as such diameter is of an acceptable size for most women (Contente col. 14, ln. 31-38) and such height of the collection bag is configured to prevent spillage during removal of the device (Contente col. 12, ln. 24-32).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Adame et al. (Pub. No.: US 2023/0099175 A1) discloses a menstrual disc.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEAGAN NGO whose telephone number is (571)270-1586. The examiner can normally be reached M - TH 8:00 - 4:00 PT.
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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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/MEAGAN NGO/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781
