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 .
Claims 1-3, 5-13, 15-21 & 23 are being treated on the merits.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3, 13, 15, 19 & 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3, 13, 15, 19 & 20 recite the limitation “between about 7cm to about 14cm or between about 12cm to about 23 cm”, “about 20% to about 100% length”, “at least 10% and at least 30%”, “about 1cm to about 10cm” and “about 7cm to about 9cm”. Such limitation renders the claim indefinite since it's not clear what structural limitation applicant intends to cover since it is nowhere stated what is meant by "between about" or “about”. “Between about” or “about” does not render the claim defined in definite terms.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification
and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
Regarding claim 6, claim element “fastening means” and regarding Claim 10 & 11, claim element “connections means” is a means (or step) plus function limitation that may invokes 35 U.S.C. 112, sixth paragraph. However, the written description fails to clearly link or associate the disclosed structure, material, or acts to the claimed function such that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function. The specification fails to provide any disclosure regarding “means for locking and pressing”. Applicant is required to:
(a) revise the claim so that the claim limitation will no longer be a means (or step) plus function limitation under 35 U.S.C. 112, sixth paragraph; or
(b) revise the written description of the specification such that it clearly links or associates the corresponding structure, material, or acts to the claimed function without introducing any new matter (35 U.S.C. 132(a)); or
(c) indicate on the record where the corresponding structure, material, or acts are set forth in the written description of the specification that performs the claimed function.
For more information, see 37 CFR 1.75(d) and MPEP 2181 and 608.01(o).
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 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.
Claims 1, 5, 10, 11, 12, 17, 18 & 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Welch (US 2023/0338206).
Regarding Claim 1, Welch discloses a reusable menstrual and/or incontinence garment (Figures 1A-1D and/or 8A-8B or 9A-9B) comprising: a washable support sheet (Para. 20 & 76) comprising a front portion (Figure 1A, 1C &/or 8A), a rear portion (1D and/or 8B) and a crotch area (102/116/802/816); a gusset (102/802) comprising a washable and reusable absorbent layer configured for the absorption of menstrual fluid and/or urine (Para. 20, 28-33 & 76-77) and a first strap (817 on one side, Para. 73) joining the front portion to the rear portion on a first side and a second strap (817 on another side, Para. 73) joining the front portion to the rear portion on a second side, wherein the lengths of the first and second straps are adjustable (Para. 73).
Regarding Claim 5, Welch discloses one or both of the first and second straps are detachably connected to the front and/or rear portions (Para. 73, Figures 8A-8B)
Regarding Claim 10, Welch discloses the first and second straps are connected to the washable support sheet via connection means (817)
Regarding Claim 11, Welsch discloses the connection means are configured so that at least one of the first and second straps are detachable at one or both ends (Figures 8A-8B & Para. 73)
Regarding Claim 12, Welch discloses the connection means comprises a first section for connection the washable support sheet (Figures 8A-8B) and a second section for connection to the first or second strap (Figures 8A-8B & Para. 73), wherein at least one of the first and second section are configured to enable disengagement of the strap from the washable support sheet (Figures 8A-8B & Para. 20 & 76).
Regarding Claim 17, Welch discloses side edges at the rear portion are configured to curve outwards from a centre line of the support sheet (Figures 1A-1D).
Regarding Claim 18, Welch discloses the washable support sheet is configured to have a first end, a second end and opposition sides, the first end being provided at the front portion (Figures 1A-1D and/or 8A-8B) and the second end being provided at the rear portion (Figures 1A-1D and/or 8A-8B), wherein the distance between opposite sides at the second end is larger than the distance between opposite sides at the first end (Figures 1A-1D and/or 8A-8B).
Regarding Claim 21, Welch discloses the garment is configured to be a thong, wherein the rear portion is configured to fit between gluteal muscles of the wearer (Figures 9A-9B).
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.
Claims 1-3, 6-11, 13, 15, 16, 18-20 & 23 are rejected under 35 U.S.C. 103 as being unpatentable over Welch (WO 2022/060629) in view of Mosha (US 2004/0083537).
Regarding Claim 1, Welch discloses a reusable menstrual and/or incontinence garment (Figures 1A-1D) comprising: a washable support sheet comprising a front portion (Figure 1A & 1C), a rear portion (Figure 1D) and a crotch area (102/116); a gusset (102) comprising a washable and reusable absorbent layer configured for the absorption of menstrual fluid and/or urine (Para. 20, 28-33) and two sides edges (117). Welch does not specifically discloses a first strap joining the front portion to the rear portion on a first side and a second strap joining the front portion to the rear portion on a second side, wherein the lengths of the first and second straps are adjustable. However, Mosha discloses a first strap (Figure 1) joining a front portion to a rear portion on a first side (Figure 1) and a second strap (Figure 1) joining the front portion to the rear portion on a second side (Figure 1), wherein the lengths of the first and second straps are adjustable (Para. 18). It would have been obvious to one of ordinary skill in the art before the effective filing date to include adjustable side portions as taught by Mosha, to the garment of Welch, in order to provide custom fit, improved comfort and appearance.
Regarding Claim 2, the combination of Welch and Mosha disclose the first and second straps are configured to have an unstretched minimum distance between front and rear portions (Para. 18), and wherein the lengths of the first and second straps can be expanded without stretching (via 24). The combination of Welch and Mosha do not specifically disclose the lengths of the first and second straps can be expanded without stretching by an additional 50-100% of the minimum distance. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of expansion for the straps in order to achieve an optimal configuration for the purpose of comfort, since discovering the optimum or workable ranges of the expansion involves only routine skill in the art.
Regarding Claim 3, the combination of Welch and Mosha do not specifically disclose the minimum distance is between about 7cm to about 17cm or between about 12cm to about 23cm. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of expansion for the straps in order to achieve an optimal configuration for the purpose of comfort, since discovering the optimum or workable ranges of the expansion involves only routine skill in the art.
Regarding Claim 6, the combination of Welch and Mosha disclose the first and/or second straps comprise an adjustable fastening means (Mosha, Para. 18), allowing adjustment of the length of the first and/or second straps and fastening at the desired length (Mosha, Para. 18).
Regarding Claim 7, the combination of Welch and Mosha disclose the adjustable fastening means comprises a sliding means (Mosha, Figure 1 & Para. 18), the sliding means comprising a frame and a central bar forming two loops within the frame (Mosha, Figure 1 & Para. 18).
Regarding Claim 8, the combination of Welch and Mosha disclose the frame has a substantially rectangular shape, with straight edges parallel to the bar (Mosha, Figure 1 & Para. 18).
Regarding Claim 9, the combination of Welch and Mosha disclose one or both of the straight edges is provided with textured surface on a surface facing the bar (Mosha, Figure 1 & Para. 18, texture of smooth).
Regarding Claim 10, the combination of Welch and Mosha disclose the first and second straps are connected to the washable support sheet via connection means (Mosha, 24).
Regarding Claim 11, the combination of Welch and Mosha disclose the connection means are configured so that at least one of the first and second straps are detachable at one or both ends (Mosha, Figure 1 & Para. 18).
Regarding Claim 13, the combination of Welch and Mosha do not specifically disclose the gusset has a length in the range of from about 20% to about 100% of the length of the support. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of length for the gusset in order to achieve an optimal configuration for the purpose of comfort and coverage, since discovering the optimum or workable ranges of the gusset involves only routine skill in the art.
Regarding Claim 15, the combination of Welch and Mosha disclose various fabrics may be used (Welch, Para. 28-33). The combination of Welch and Mosha do not specifically disclose the support sheet comprises a high stretch fabric which stretches by between at least 10% and at least 30%. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of stretch for the support sheet in order to achieve an optimal configuration for the purpose of comfort, since discovering the optimum or workable ranges of the stretch involves only routine skill in the art.
Regarding Claim 16, the combination of Welch and Mosha disclose the support sheet comprises a first panel of high stretch fabric at an end of the front portion (Welch, Para. 28-33) and a second panel of high stretch fabric at an end of the rear portion (Welch, Para. 28-33).
Regarding Claim 18, the combination of Welch and Mosha disclose the washable support sheet is configured to have a first end, a second end and opposition sides, the first end being provided at the front portion (Figures 1A-1D and/or 8A-8B) and the second end being provided at the rear portion (Figures 1A-1D and/or 8A-8B), wherein the distance between opposite sides at the second end is larger than the distance between opposite sides at the first end (Figures 1A-1D and/or 8A-8B).
Regarding Claim 19, the combination of Welch and Mosha disclose the distance between opposite sides at the second end is larger than the distance between opposite sides at the first end by about 1cm to about 10cm when the garment is unstretched. The combination of Welch and Mosha do not specifically disclose the distance between opposite sides at the second end is larger than the distance between opposite sides at the first end by about 1cm to about 10cm when the garment is unstretched. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of distance for the ends in order to achieve an optimal configuration for the purpose of comfort, since discovering the optimum or workable ranges of the distance involves only routine skill in the art.
Regarding Claim 20, the combination of Welch and Mosha do not specifically disclose the gusset have a minimum width of at least 3cm or in the range of from about 7cm to about 9cm. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of width for the gusset in order to achieve an optimal configuration for the purpose of comfort, since discovering the optimum or workable ranges of the width involves only routine skill in the art.
Regarding Claim 23, the combination of Welch and Mosha do not specifically disclose the first and second side straps comprise a fabric which can stretch by at least 40%. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of stretch for the strap in order to achieve an optimal configuration for the purpose of comfort, since discovering the optimum or workable ranges of the stretch involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/ Primary Examiner, Art Unit 3732