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 03/12/2026 has been entered. Claims 38, 42 have been amended. Claims 39 and 41 are cancelled. Claims 38, 40, and 42-47 remain pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 38, 40-47 have been considered but are moot because the new ground of rejection does not rely on the same combination of references for any teaching or matter specifically challenged in the argument. Wang is no longer relied upon. Applicant argues that there is no disclosure in Carballo of a pouch comprising an absorbent pad. Johnson is cited to teach such limitation. Applicant argues that the modification of liquid being absorbed and retained in the pouch goes against the teachings of Carballo. However, as discussed in the rejection below, such modification provides the advantage of substantially limiting or even eliminating contact of expelled urine with the wearer’s skin (Johnson col. 5, ln. 51-57).
Claim Objections
Applicant is advised that should claim 40 be found allowable, claim 42 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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) 38, 40, 42-44 and 46-47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carballo (Pub. No.: US 2003/0028161 A1) and further in view of Johnson (Pat. No.: US 8,702,667 B1).
Regarding claim 38, Carballo discloses (fig. 1-3) an undergarment system (abstract) comprising:
An undergarment (garment 10), the undergarment comprising a waistband, a front portion coupled to the waistband, a rear portion coupled to the waistband and a crotch region disposed between the front portion and the rear portion (fig. 1); and
A pouch (bag 20), the pouch being detachable couplable to an outer surface of the crotch region of the undergarment (the pouch is proximate the patient’s pubis, ¶ 0030-¶ 0031) such that bodily fluids are collected within the pouch in the crotch region (¶ 0031),
Wherein the crotch region of the undergarment comprises fixtures on the outer surface for detachably coupling the pouch to the crotch region of the under garment (¶ 0030-¶ 0031).
Carballo fails to disclose the pouch comprising an absorption pad such that bodily fluids absorbed by the absorption pad are collected within the pouch in the crotch region.
Johnson teaches (fig. 3-5) an undergarment system (abstract) and thus in the same field of endeavor comprising: an undergarment (male incontinence garment 10); and a pouch (pocket 48) comprising an absorption pad (single sheet 50 of moisture-absorbent material, col. 6, ln. 5-8), wherein bodily fluids absorbed by the absorption pad are collected within the pouch (col. 5, ln. 49-57) in order to substantially limit or even eliminate contact of expelled urine with the wearer’s skin (col. 5, ln. 51-57).
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 pouch of Carballo such that it comprises an absorption pad such that bodily fluids absorbed by the absorption pad are collected within the pouch, as taught by Johnson, in order to substantially limit or even eliminate contact of expelled urine with the wearer’s skin (Johnson col. 5, ln. 51-57).
Regarding claim 40, Carballo discloses wherein the fixtures comprise snap buttons or hook and loop fasteners (¶ 0031).
Regarding claim 42, Carballo discloses wherein the fixtures comprise snap buttons or hook and loop fasteners (¶ 0031).
Regarding claim 43, Carballo in view of Johnson disclose wherein the absorption pad is integrated into the pouch (Johnson col. 6, ln. 3-8).
Regarding claim 44, Carballo discloses a permeable layer in the crotch region of the undergarment (see face 24 of bag 20 includes aperture 26 and is thus permeable, fig. 3, ¶ 0031).
Regarding claim 46, Carballo discloses wherein the permeable layer is detachable (¶ 0031).
Regarding claim 47, Carballo in view of Johnson fail to disclose wherein the undergarment is reusable.
Johnson teaches wherein the undergarment is reusable (col. 3, ln. 34-35) in order to enable the undergarment to be laundered as a typical pair of men’s underwear (col. 3, ln. 34-37).
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 undergarment of Carballo in view of Johnson such that it is reusable, as taught by Johnson, in order to enable the undergarment to be laundered as a typical pair of men’s underwear (Johnson col. 3, ln. 34-37).
Claim(s) 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carballo in view of Johnson, as applied to claim 44 above, and further in view of Hurtwitz et al. (Pub. No.: US 2017/0202714 A1).
Regarding claim 45, Carballo in view of Johnson fail to disclose wherein the permeable layer comprises wicking fibers.
Hurwitz teaches (fig. 1-2) an undergarment system (abstract) and thus in the same field of endeavor, comprising a permeable layer (quick wicking area 30) in the crotch region of the undergarment (fig. 1-2), wherein the permeable layer comprises wicking fibers (¶ 0054) in order to channel urine and liquid down and away from the user (¶ 0054).
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 permeable layer of Carballo in view of Johnson such that it comprises wicking fibers, as taught by Hurwitz, in order to channel urine and liquid down and away from the user (Hurwitz ¶ 0054).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mahon (Pub. No.: US 2018/0221198 A1) discloses an undergarment system having a removable pouch.
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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/MEAGAN NGO/Examiner, Art Unit 3781
/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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