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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102/103
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.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Saitoh (Pub. No.: US 2016/0331599 A1).
Regarding claim 1, Saitoh discloses (fig. 1-5) a wearable article (diaper for insert-type toilet bowl 66), the wearable article comprising:
A nipped sheet part (crotch contour wrapping portion 70) having an opening (74, ¶ 0017, fig. 1-2);
A first absorption part (thick cushion member 76) arranged outside of the nipped sheet part in a plan view (fig. 1, first absorption part extends into waist contour wrapping portions 68, 69, ¶ 0046),
Wherein the nipped sheet part includes: A thin sheet part (see sheet forming main body of the diaper 67) that is provided at least in an outer peripheral portion of the nipped sheet part and is thinner than the first absorption part (fig. 1, 3a-1), and
A second absorption part (adhesive member 75) that is provided inside the thin sheet part in the plan view (fig. 1-2).
Regarding the limitations of the wearable article being “nipped by an inner member and an outer member, for holding the inner member to the wearer in a state that the inner member opposes an inguinal region of the wearer”, such limitations relate to an intended use of the wearable article, which in this case, imparts no further limitations on the structure of the device. The wearable article of Saitoh is identical to the claimed invention and is capable of “being nipped by an inner member and an outer member, for holding the inner member to the wearer in a state that the inner member opposes an inguinal region of the wearer”, and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
Further, Saitoh discloses that the wearable article is configured to be used with a insert type toilet boil (9) (abstract).
In the alternative, 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 wearable article of Saitoh such that it is nipped by an inner member and an outer member, for holding the inner member to the wearer in a state that the inner member opposes an inguinal region of the wearer, in order to configure the wearable article to be used with a insert type toilet bowl (abstract).
Further, such limitations of: “the inner member including a receiving part for receiving excrement of a wearer and a connection part extending from the receiving part to an outside and to be connected to a processing unit for processing the excrement received in the receiving part”, and “the outer member including a fitting recess part to be fitted to an outside of the inner member” and “a through hole in communication with the fitting recess part for allowing the connection part to pass” further limit the inner member and outer member which are not positively claimed and separate from the claimed wearable article.
Similarly, such limitations of the nipped sheet being “nipped by the inner member and the outer member by the fitting of the inner member in the fitting recess part of the outer member”, the opening “for allowing the connection part to pass” and the first absorption part “for absorbing excrement leaking from the receiving part” relate to an intended use and aspects of the inner member and outer member that are not positively claimed and separate from the claimed wearable article.
Regarding claim 2, as discussed in claim 1 above, Saitoh discloses the wearable article of claim 1 and the thin sheet part. Such limitations of the wearable article being “nipped by the inner member and the outer member which are engaged with each other in at least a portion”, and “a portion to be interposed between the respective engaging portions of the inner member and the outer member” relate to an intended use of the wearable article and the thin sheet part, respectively.
Regarding claim 3, such limitations of the wearable article being “nipped by the inner member and the outer member, the inner member including the receiving part lying below buttocks of the wearer who is in a supine position, and a urination guide part that extends upward from the receiving part” relate to an intended use of the wearable article. Further, such limitation of the second absorption part being “arranged so as to face a lower surface of the receiving part” further limits the inner member which is not positively claimed, such inner member is not required by the claimed invention. The second absorption part is capable of being arranged to face a lower surface of a receiving part since the second absorption part faces the opening (fig. 2).
Regarding claim 4, Saitoh discloses wherein at least a part of the opening is provided in a region of the nipped sheet part (fig. 5e-5f, ¶ 0017). Regarding the limitation of the opening “to be disposed along the urination guide part”, such urination guide part is a portion of the inner member and is not positively claimed and required by the claimed invention. The opening of Saitoh is capable of being disposed along a urination guide part.
Regarding claim 5, such limitations of the wearable article being “nipped by the inner member and the outer member, the inner member including the receiving part lying below buttocks of the wearer who is in a supine position, and a urination guide part that extends upward from the receiving part” relate to an intended use of the wearable article. Further, such limitation of the second absorption part being “arranged so as to face a lower surface of the receiving part” further limits the inner member which is not positively claimed, such inner member is not required by the claimed invention. The second absorption part is capable of being arranged to face a lower surface of a receiving part since the second absorption part faces the opening (fig. 2).
Regarding claim 6, Saitoh discloses wherein at least a part of the opening is provided in a region of the nipped sheet part (fig. 5e-5f, ¶ 0017). Regarding the limitation of the opening “to be disposed along the urination guide part”, such urination guide part is a portion of the inner member and is not positively claimed and required by the claimed invention. The opening of Saitoh is capable of being disposed along a urination guide part.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (Pub. No.: US 2022/0370231 A1) discloses a wearable article. Saitoh et al. (Pub. No.: US 2016/0310313 A1) discloses a wearable article.
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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
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