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 .
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) 1-5 and 10-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neuenschwander (9,937,083).
With respect to claim 1, Neuenschwander discloses a diaper, as shown in figure 1a, comprising an outer side and an opposite inner side comprising an absorbent part 12, as disclosed in column 8, lines 25-28. A top layer 11 defines a peripheral border of the diaper and defines a top layer area delimited by the peripheral border overlaying at least a portion of the absorbent part, as shown in figure 2b. The absorbent part and peripheral border define a pouch 6, as shown in figure 2a, defining a pouch cavity therein (i.e. interior of the bag 6). The top layer 11 defines a body contacting surface and provides an opening 5 for access to the pouch 6, as shown in figures 1b and 2b. When the diaper is worn, the opening is provided to be positioned about the anus of the user for providing for fecal matter to enter the pouch 6, as disclosed in column 8, lines 29-54.
With respect to claim 2, the opening 5 is provided in a central line area of the top layer 11, as shown in figure 1b.
With respect to claim 3, Lee discloses an adhesive 27 provided for adhering to a user’s skin at an inner side of each buttock within the intergluteal cleft, as disclosed in column 9, lines 47-50, and shown in figure 7. The adhesive 27 is provided on an element that attaches to the top layer on either side of the opening, and therefore is considered to be comprised in the top layer area.
With respect to claim 4, the adhesive 27 includes a pair of longitudinal strips along a longitudinal length, as shown in figure 6b, so at to be removably sealed along a longitudinal length of a user’s skin, as shown in figure 7.
With respect to claim 5, the adhesive 27 provides a seal with the user’s skin about each lateral side of the anus, as shown in figure 7, and the opening via backing member 19, as disclosed in column 9, lines 47-52.
With respect to claim 10, the top layer 11 comprises a tear line 2, as shown in figure 1a, for being selectively torn along a length thereof to form the opening 5, as shown in figure 1b.
With respect to claim 11, the tear line 2 is formed along a central line area of the top layer 11, as shown in figure 1a.
With respect to claim 12, the tear line 2 comprises perforations, as disclosed in column 8, lines 3-5. The tear line can be defined to have a central portion and front and rear portions such that the central portion is bigger than either front or rear portion and therefore has a greater number of perforations.
With respect to claim 13, the top layer 11 provides for a front part 7 of the absorbent part to be uncovered for receiving urine discharge, as shown in figure 3b.
With respect to claim 14, the front part 7 defines a pair of front separate fingers on either side of the opening 5, as shown in figure 3b, and therefore define an inwardly recessed portion.
With respect to claim 15, the top layer comprises adhesive 4, as shown in figure 1b, which is fully capable of being adhered to a user’s skin or sealing the pouch after use.
With respect to claim 16, the inner side comprises a length and a width, as shown in figure 1a, wherein the length is greater than the width and therefore the longitudinal tension along the length will inherently be greater than the lateral tension along the width.
With respect to claim 17, the top layer area defines a length and forms waves 7 defining peaks (areas between holes 7) and valleys (holes 7), and the opening 5 is provided at a peak, as shown in figure 3b.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neuenschwander (9,937,083).
With respect to claim 6, Neuenschwander discloses all aspects of the claimed invention with the exception of the adhesive being covered by a removable liner prior to use. The use of removable liners to protect adhesive prior to use of the adhesive is well-known in the art. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to cover the adhesive of Neuenschwander with a removable liner to achieve the predictable result of protecting the adhesive prior to use.
With respect to claim 7, the adhesive 27 has a top layer, as shown in figure 6b, for adhering to the user’s skin directly on each buttock, as shown in figure 7.
With respect to claim 8, the adhesive 27 includes a pair of longitudinal strips along a longitudinal length, as shown in figure 6b, so at to be removably sealed along a longitudinal length of a user’s skin, as shown in figure 7.
With respect to claim 9, Neuenschwander discloses all aspects of the claimed invention with the exception of the adhesive being covered by a removable liner prior to use. The use of removable liners to protect adhesive prior to use of the adhesive is well-known in the art. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to cover the adhesive of Neuenschwander with a removable liner to achieve the predictable result of protecting the adhesive prior to use.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neuenschwander (9,937,083) in view of Suzuki et al. (10,350,118).
With respect to claim 18, Neuenschwander discloses all aspects of the claimed invention with the exception of lateral sides of the peripheral boundary of the top layer having a zigzag configuration. Suzuki discloses a diaper having a top layer having a peripheral boundary with lateral sides having a zigzag configuration, as shown in figure 2, to form wrinkles around the leg openings. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to make the lateral sides of the peripheral boundary of the top layer of Neuenschwander have a zigzag configuration, as taught by Suzuki, to achieve the predictable result of a diaper with wrinkled leg openings to improve comfort to the wearer.
With respect to claim 19, Neuenschwander discloses all aspects of the claimed invention with the exception of the top layer comprising soft elastic element running a length thereof. Suzuki teaches providing elastic elements 30 running the length of the top layer 12a of a diaper, as shown in figures 1(A) and 1(C). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the top layer of Neuenschwander with elastic elements running along a length therefore, as taught by Suzuki, to achieve the predictable result of preventing leakage along the side edges of the diaper.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neuenschwander (9,937,083) in view of Yang (12,048,614).
With respect to claim 20, Neuenschwander discloses all aspects of the claimed invention with the exception of the top layer area comprising silicone circumscribing the opening. Neuenschwander discloses an adhesive circumscribing the opening, but does not disclose the use of silicone. Yang discloses a diaper comprising an opening circumscribed by adhesive, as shown in figure 2, and teaches that an adhesive comprising silicone is safe for the human body, as disclosed in column 3, lines 6-8. It would therefore have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to provide the top layer area of Neuenschwander with silicone circumscribing the opening, as taught by Yang, to provide an adhesive that is safe for the human body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patents and Publications 5,817,086; 8,382,733; 2013/0046267; 2013/0144243; 2022/0218536; and 2022/0331175 disclose diapers having pouches for receiving fecal matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LYNNE ANDERSON whose telephone number is (571)272-4932. The examiner can normally be reached Monday-Friday 10-6.
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/CATHARINE L ANDERSON/Primary Examiner, Art Unit 3781
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