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 Arguments
Applicant's arguments filed 7/22/2026 have been fully considered but they are not persuasive. Applicant contends Glithero et al. (US 20200390591 A1) does not disclose a hydrophilic polypropylene and that polypropylene is naturally hydrophobic. Although polypropylene is naturally hydrophobic due to its non-polarity, it is commonly treated via surface modifications or chemical coatings to become hydrophilic, making it better suited for wicking capabilities. Glithero teaches a wicking material 115 as a fluid permeable membrane 118 that can be made of a multitude of possible materials (para. [0039]). Glithero lists polypropylene as a potential synthetic fiber that can be used as a fabric wicking material and also any other fabric that has been chemically treated with a hydrophilic agent to move fluid away from the skin. Applicant argues Glithero only teaches a generic polypropylene and assumes it would be hydrophobic, but Glithero teaches a polypropylene fabric and treated hydrophilic fabrics that are both well suited for the wicking material. It is well contemplated that a wicking polypropylene fabric can be a hydrophilic treated fabric because a hydrophobic fabric would repel fluid and not effectively attract or pull liquid away from its source—i.e., would not wick fluid which is the purpose of having the polypropylene fabric in Glithero.
In response to applicant's argument that the reliance on Park et al. (US 20140216478 A1) for its teaching of bamboo fibers in a nonwoven is unsupported, the claims only require a porous material to have a bamboo spunbonded nonwoven material. Park teaches exactly that—a spunbonded nonwoven fabric made of bamboo fibers with clear advantages like air permeability, deodorization, and absorption. Park is narrowly being relied upon for its specific use of a natural bamboo fiber in a nonwoven that clearly brings an advantage to the invention and Glithero teaches the use of natural fibers in its wicking layer, so expanding one’s search to look for natural fibers in porous nonwoven materials and relying on Park is reasonable.
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, 6, 15, 23-25, 28-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glithero et al. (US 20200390591 A1).
Regarding claim 1, Glithero discloses a fluid collection assembly (fig. 2B), comprising: a fluid impermeable barrier (102) at least defining: a chamber (104); at least one opening (106); and a fluid outlet (112); and at least one porous material (115) disposed in the chamber, the at least one porous material including an outer layer (118) and an inner layer (120, para. [0034-0035, 0038]), the outer layer (118) including at least one of bamboo, hydrophilic polypropylene (para. [0039]), or hydrophilic polyethylene.
Regarding claim 6, Glithero discloses the assembly of claim 1 and further discloses wherein outer layer material includes a woven material (para. [0039]).
Regarding claim 15, Glithero discloses the assembly of claim 1 and further discloses wherein the inner layer (120) includes at least one of a vertical nonwoven material or a porous foam (para. [0040]).
Regarding claim 23, Glithero discloses a fluid collection system, comprising: a fluid collection assembly (fig. 2B) including: a fluid impermeable barrier (102) at least defining: a chamber (104) at least one opening (106); and a fluid outlet (112); and at least one porous material (115) disposed in the chamber, the at least one porous material including an outer layer (118) and an inner layer (120, para. [0034-0035, 0038]), the outer layer (118) including at least one of bamboo, hydrophilic polypropylene (para. [0039]), or hydrophilic polyethylene; a fluid storage container (para. [0045]); and a vacuum source (para. [0045]); wherein the chamber of the fluid collection assembly, the fluid storage container, and the vacuum source are in fluid communication with each other such that, when one or more bodily fluids are present in the chamber, a suction provided from the vacuum source to the chamber of the fluid collection assembly removes the one or more bodily fluids from the chamber and deposits the bodily fluids in the fluid storage container (para. [0045, 0055, 0086-0087]).
Regarding claim 24, Glithero discloses a method of using a fluid collection system, the method comprising: positioning a fluid collection assembly (fig. 2B) such that at least one opening (106) defined by a fluid impermeable barrier (102) of the fluid collection assembly is positioned adjacent to or receives a urethral opening (para. [0045]), the fluid impermeable barrier (102) of the fluid collection assembly at least defining a chamber (104) and a fluid outlet (112), the fluid collection assembly including at least one porous material (115) disposed in the chamber (104), the at least one porous material including an outer layer (118) and an inner layer (120), the outer layer including at least one of a bamboo, cellulose, hydrophilic polypropylene (para. [0039]), or hydrophilic polyethylene, or hydrophilic polyester; and receiving one or more bodily fluids from the urethral opening into the at least one porous material (para. [0045]).
Regarding claim 25, Glithero discloses the assembly of claim 1 and further discloses wherein the outer layer includes hydrophilic polypropylene (para. [0039]).
Regarding claim 28, Glithero discloses the assembly of claim 1 and further discloses wherein the at least one porous material further includes cellulose or hydrophilic polyester (para. [0039]).
Regarding claim 29, Glithero discloses the assembly of claim 1 and further discloses wherein the inner layer includes polyester (para. [0039]).
Regarding claim 30, Glithero discloses the assembly of claim 1 and further discloses wherein the at least one porous material (115) includes at least one additional layer (made of layers 118 and 120, para. [0034-0035, 0038]).
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.
Claim(s) 2-3, 5, 8, 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glithero et al. (US 20200390591 A1) in view of Park et al. (US 20140216478 A1).
Regarding claims 2-3, 5, and 8, Glithero discloses the assembly of claim 1. However, Glithero fails to disclose:
(Claim 2) wherein the outer layer includes bamboo;
(Claim 5) wherein the outer layer includes a bamboo spunbonded nonwoven material;
(Claim 8) wherein the outer layer includes a nonwoven material.
Park teaches: a bamboo spunbonded nonwoven material (abstract, para. [0021-0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the assembly of Glithero and incorporate the natural bamboo fibers as shown in Park for a hypoallergenic product and improved air permeability, deodorization, and absorption (abstract, para. [0022]). Further, the use of bamboo natural fibers for the porous material would yield predictable results, namely, a medium for liquid to pass quickly through.
Regarding claim 3, the combinations of Glithero and Park discloses the assembly of claim 1. However, the combination fails to disclose wherein the bamboo includes black bamboo.
Although Park teaches the use of bamboo fibers, it does not teach the specific use of black bamboo fibers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the assembly of Glithero and Park and use black bamboo because that is a common species of bamboo and would yield predictable results, namely, natural fibers for a porous material.
Regarding claims 26 and 27, Glithero discloses the assembly of claim 1 and further teaches the outer layer including hydrophilic polypropylene (para. [0039]). However, Glithero fails to disclose bamboo.
Park teaches: a bamboo nonwoven material (abstract, para. [0021-0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the assembly of Glithero and incorporate the natural bamboo fibers as shown in Park for a hypoallergenic product and improved air permeability, deodorization, and absorption (abstract, para. [0022]). Further, the use of bamboo natural fibers for the porous material would yield predictable results namely, a medium for liquid to pass quickly through.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glithero et al. (US 20200390591 A1) in view of Lang et al. (US 20220241115 A1).
Regarding claim 9, Glithero discloses the assembly of claim 1, but fails to disclose wherein the outer layer includes a vertical nonwoven material.
Lang teaches a bodily-fluid absorbent device with a vertically-lapped nonwoven (para. [0023]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the assembly of Glithero and incorporate the vertical nonwoven of Lang for better absorption and pressure distribution due to the vertically-oriented fibers (para. [0023, 0027]).
Claim(s) 10-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glithero et al. (US 20200390591 A1) in view of Maldonado et al. (US 20080091162 A1).
Regarding claims 10-12, Glithero discloses the assembly of claim 1, but fails to expressly disclose:
(Claim 10) wherein the outer layer exhibits a thickness of about 1 mm or less;
(Claim 11) wherein the outer layer exhibits a thickness of about 25 μm to about 150 μm;
(Claim 12) wherein the outer layer exhibits a basis weight of about 25 g/m2 to about 100 g/m2.
Maldonado teaches a similar spunbonded nonwoven in the same field of endeavor with:
(Claim 10) a thickness of about 1 mm or less (para. [0068]);
(Claim 11) a thickness of about 25 μm to about 150 μm (para. [0068]);
(Claim 12) a basis weight of about 25 g/m2 to about 100 g/m2 (para. [0068]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Glithero to have the properties of the nonwoven as taught by Maldonado since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Glithero would not operate differently with the claimed thicknesses and weight. Further, it appears that applicant places no criticality on the range claimed, indicating simply that the thicknesses and weight “may” be within the claimed ranges (para. [0036-0037]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glithero et al. (US 20200390591 A1) in view of Washington (US 4886508 A).
Glither discloses the assembly of claim 1, but fails to disclose wherein the inner layer includes a hydrophobic material.
Washington teaches a similar device in the same field of endeavor with hydrophobic material (column 3 lines 33-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the assembly of Glithero and incorporate the hydrophobicity as taught by Washington to have complete and fast draining with the material not retaining any remaining fluid (column 3 lines 33-38).
Claim(s) 16-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glithero et al. (US 20200390591 A1) in view of Sasaki et al. (US 20150216714 A1).
Regarding claims 16-17 and 19, Glithero discloses the assembly of claims 1 and 15 wherein the inner layer includes a porous foam (para. [0040]). However, Glithero fails to disclose:
(Claim 16) the porous foam including at least one of polyurethane, polyvinyl chloride, or polyethylene;
(Claim 17) the porous foam exhibiting at least one of about 7 pores/cm2 to about 13 pores/cm2 or a density of about 16 kg/m3 to about 160 kg/m3;
(Claim 19) wherein the inner layer exhibits a thickness of about 8 mm to about 20 mm.
Sasaki teaches a urine-absorbing device in the same field of endeavor:
(Claim 16) the porous foam including at least one of polyurethane (para. [0068]), polyvinyl chloride, or polyethylene;
(Claim 17) the porous foam exhibiting at least one of about 7 pores/cm2 to about 13 pores/cm2 or a density of about 16 kg/m3 to about 160 kg/m3 (para. [0051]).
(Claim 19) wherein the inner layer exhibits a thickness of about 8 mm to about 20 mm (para. [0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the assembly of Glithero and incorporate the foam parameters of Sasaki since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Glithero would not operate differently with the claimed foam parameters. Further, it appears that applicant places no criticality on the range claimed, indicating simply that the density and thickness “may” be within the claimed ranges (para. [0057, 0060]).
Conclusion
THIS ACTION IS MADE FINAL. 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 ERIN A KIM whose telephone number is (703)756-4738. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN A KIM/Examiner, Art Unit 3781
/SUSAN S SU/Primary Examiner, Art Unit 3781 19 August 2026
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