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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the inner layer, outer layer, elastic edge portion, moisture wicking layer, absorptive layer, waterproof layer, and encapsulation material must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the inner layer, outer layer, elastic edge portion, moisture wicking layer, absorptive layer, waterproof layer, and encapsulation material as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings (Figs. 8 – Fig. 33) are objected to under 37 CFR 1.83(b) because they are incomplete. 37 CFR 1.83(b) reads as follows:
When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the following terms do not appear in the specification:
moisture wicking layer
absorptive layer
waterproof layer
encapsulation material
adhesive layer
inner layer
outer layer
These limitations only appear in the claims. Throughout the specification, the layers are described as first layer, second layer, third layer, fourth layer, fifth layer, sixth layer, and seventh layer. Correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities: Claim 3 recites “positioned between the inner layer the upper region of the encapsulation material” in line 2. It appears the claim is intended to recite “positioned between the inner layer and the upper region of the encapsulation material”. Appropriate correction is required.
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.
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.
Claims 1, 6, 7, 11-13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Dunbar et al. US Patent Application Publication 2014/0039432 in view of Bruemmer et al. EP 048600.
Note: Dunbar teaches the particular features, structures, routines, steps, or characteristics may be combined in any suitable manner in one or more examples of the technology (para. 0016). Dunbar teaches that moreover, it is to be understood that the features of the various embodiments described herein were not mutually exclusive and can exist in various combinations and permutations, even if such combinations or permutations were not made express herein, without departing from the spirit and scope of the invention (paras. 0039-0040).
As to claim 1, Dunbar teaches an absorptive garment 100, 102 (Fig. 1A) comprising:
a waistband 120;
a front area (Fig. 1A);
a back area (Fig. 1A);
a pair of leg openings 108 (Fig. 1A; para. 0025); and
a crotch area 110 disposed between the pair of leg openings 108, the crotch area 110 further comprising:
an inner layer 116 proximal to a wearer's body (para. 0026), the inner layer having an outer edge – at stitching (para. 0027)
an outer layer 118 distal to the wearer's body, the outer layer having an outer edge - at stitching (paras. 0026-0027).
Dunbar does not specifically teach an elastic edge portion partially overlapping the outer layer. However, Dunbar does teach the fabric body may be an elastic material (paras. 0009, 0013, and claim 12). Thus, it would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide an elastic edge portion partially overlapping the outer layer since Dunbar teaches an elastic material for the fabric body is within the scope of the invention.
Dunbar teaches a multi-layer pad extending over the crotch region 110 (Fig. 2; para. 0029). Dunbar teaches the multi-layer pad 2 comprises:
a moisture wicking layer 204 positioned between the inner layer and the outer layer (Fig. 2; para. 0029), the moisture wicking layer having an outer edge (Fig. 2)
an absorptive layer 206, the absorptive layer 206 having an outer edge 16,17 (Fig. 5);
a waterproof layer 208 for preventing the transfer of a liquid absorbed by the absorptive layer to the outer layer;
Dunbar does not specifically teach the waterproof layer 208 is at least partially overlaying the absorptive layer. Dunbar does teach the moisture-impermeable (waterproof) pad layer 208 and the moisture absorbent pad layer 206 may have identical or similar shapes but different sizes. Dunbar teaches the moisture-impermeable pad layer 208 may be larger than the moisture-absorbent pad layer 206 to avoid leakage from any point on the border of the moisture absorbent pad layer 206. Dunbar further teaches the moisture-impermeable pad layer 208 may be extended beyond the crotch region to the front and/or back panels [of the undergarment] (para. 0033). Based on the teaching of Dunbar, it would have been obvious for one having ordinary skill in the art before the invention was originally filed to have the waterproof layer 208 at least partially overlaying the absorptive layer. Doing so would avoid leakage from any point on the border of the moisture absorbent pad as taught in Dunbar.
The absorptive layer 206 is positioned between the moisture wicking layer 204 and the waterproof layer 208 (Fig. 2), and wherein the waterproof layer has an outer edge – where Dunbar teaches the moisture-impermeable pad may cover the crotch region only or may be extended to the front and back panel (para. 0033);
an encapsulation material that surrounds the outer edges of the moisture wicking, absorptive, and waterproof layers respectively - where Dunbar teaches a ridge running around all or a portion of the periphery of the third layer 708A, 708B, 708C (the moisture-impermeable layer para. 0036) and the height of the ridge with respect to the plane of the third layer 70A, 708B, 708C may be greater than or equal to the thickness of the second layer (moisture-absorbent layer) 706A, 706B, 706C and/or the first layer (moisture wicking pad layer) 704A, 704B, 704C to thereby prevent or deter moisture leaks from the second layer 706A, 706/b, 706C. Dunbar further teaches the ridge may be made of the same material as the moisture-impermeable pad layer (e.g. polyurethane or other moisture-impermeable material) (para. 0036).
The encapsulation material includes a piece that extends beyond the outer edges of the moisture wicking, absorptive, and waterproof layers (as discussed above in para. 0036), wherein the encapsulation material includes an upper region that extends between the moisture wicking layer and the inner layer and a lower region that extends between the waterproof layer and the outer layer – where Dunbar teaches the height of the ridge is greater than or equal to the thickness of the second layer and/or the first layer (para. 0036), which represents the upper region of the encapsulation material and the encapsulation material extends from the moisture-impermeable pad layer positioned on the outer layer (para. 0033), which represents the lower region of the encapsulation material;
wherein the outer edge of the inner layer 116 and the outer edge of the outer layer 118 each extend beyond the outer edges of the moisture wicking 204, absorptive 206, and waterproof layers 208 respectively - where Dunbar teaches the multilayer pad 2, which encompasses the pads 204, 206, and 208 may extend over at least some or all of the crotch region 110 (para. 0029).
Dunbar teaches the inner layer 116 may wholly or partially contact the body of the wearer and an outer fabric body 118 (para. 0026). Dunbar teaches any of the layers of the fabric body 104 may be cut to the full size of the outer fabric-body layer or cut to less than the full size thereof (para. 0026). Dunbar does not specifically teach the inner layer does not extend over a central region of the moisture wicking layer such that it defines an opening through which the moisture wicking layer is visible. Bruemmer from the same field of endeavor teaches an absorbent article having a topsheet 12 having an opening 64 facing the wearer’s skin. The topsheet 12 is elevated to create a pocket-like shape which receives, isolates, and contains waste material away from the skin of the wearer (Bruemmer col. 1, lines 30-33; Figs. 1, 2A, and 8). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide an opening over a central region of the inner layer for the benefits taught in Bruemmer.
Dunbar/Bruemmer teach a stitched seam extends through the inner layer, the outer layer, the elastic edge portion, and the piece of the encapsulation material, and wherein the stitched seam does not extend through the moisture wicking, absorptive, and waterproof layers where Dunbar teaches the inner fabric-body layer 116 may be densely stitched to the inner surface of the outer-fabric body layer 118 (paragraph 0027). Dunbar teaches the fabric body 104 may be elastic, thus the stitched seam would also extend through the elastic edge portions (paras. 0009, 0013, and claim 12). Dunbar also teaches an embodiment in Figures 5A, 5B where the multilayer pad is not stitched to the fabric body, but is removable, thus the stitching avoids extending through the moisture wicking, absorptive, and waterproof layers.
Dunbar does not specifically teach a stitched seam where the stitching extends through the encapsulation material. However, Dunbar teaches the ridge that encapsulates the moisture wicking layer, absorptive layer, and moisture-impermeable layer can be made of moisture-impermeable material different from the moisture-impermeable pad layer (para. 0036), which suggests the encapsulation material is a separate material from the pad layers. Dunbar/Bruemmer teach the fabric body includes two or more layers and that any number of layers of the fabric body 104 is within the scope of the invention, and any of the layers may be cut to the full size of the outer fabric-body layer 118 or cut to less than the full size thereof (Dunbar para. 0027). Additionally, Dunbar teaches various arrangements for the stitch lines to provide enhanced comfort to a wearer, provide additional support for the multi-layer pad, and/or provide additional leak resistance (Dunbar paras. 0034-0035). Thus, based on the teaching of Dunbar, one having ordinary skill in the art before the invention was originally filed would be able to provide the claimed arrangement of the stitching with multiple layers in the inner and outer fabric body layers, the elastic edge portion, and the encapsulation layer to provide leak prevention, stain prevention, moisture-wicking comfort, and liquid absorption as taught in Dunbar (para. 0037).
As to claim 6, Dunbar/Bruemmer teach the inner layer defines a bow shaped area through which the moisture wicking layer (Bruemmer pledget 20) is presented as bow shaped (Bruemmer Figs. 1, 2A, and 8).
As to claim 7, Dunbar/Bruemmer teach the moisture wicking layer is visually distinct relative to the inner layer – where Dunbar teaches the innermost layer is a dark color (e.g. black) such that any stains are nonobvious or invisible (Dunbar paras. 0009, 0026).
As to claim 11, Dunbar/Bruemmer teach the absorptive garment of claim 1, wherein the waterproof layer is a coating positioned on the absorptive layer – where Dunbar teaches the third layer includes, for example, cotton bonder with a moisture-impermeable material e.g., wax or breathable urethane on the outer surface (Dunbar para. 0009, 0033). Dunbar further teaches the outer fabric-body layer 118 may form the outermost layer of the multi-layer pad (Dunbar para. 0034).
As to claim 12, Dunbar/Bruemmer teach the absorptive garment of claim 1, wherein the waterproof layer 208 is a separate sheet of material. Dunbar does not specifically teach the waterproof layer 208 is at least partially overlaying the absorptive layer. Dunbar does teach the moisture-impermeable (waterproof) pad layer 208 and the moisture absorbent pad layer 206 may have identical or similar shapes but different sizes. Dunbar teaches the moisture-impermeable pad layer 208 may be larger than the moisture-absorbent pad layer 206 to avoid leakage from any point on the border of the moisture absorbent pad layer 206. Dunbar further teaches the moisture-impermeable pad layer 208 may be extended beyond the crotch region to the front and/or back panels [of the undergarment] (para. 0033). Based on the teaching of Dunbar, it would have been obvious for one having ordinary skill in the art before the invention was originally filed to have the waterproof layer 208 at least partially overlaying the absorptive layer. Doing so would avoid leakage from any point on the border of the moisture absorbent pad as taught in Dunbar.
.
As to claim 13, Dunbar/Bruemmer teach the absorptive garment of claim 12, wherein the waterproof layer 208 is adhered to the absorptive layer 206 – where Dunbar teaches the middle pad layers 206, 208 may be stitched to the inner fabric-body layer 116 and/or the outer fabric-body layer 118 of the undergarments prior to finishing the undergarment by sewing the inner and outer fabric-body layers 116, 118 together (para. 0034), which indicates the absorptive layer 206 and waterproof layer 208 are also sewn together.
As to clam 18, Dunbar/Bruemmer teach the absorptive garment of claim 13, wherein the moisture wicking layer 204 is adhered to the absorptive layer 206 – where Dunbar teaches the moisture wicking layer is attached to the inner fabric-body layer 116 (Dunbar para. 0030) and Dunbar also teaches the absorptive layer 206 is attached to the inner fabric-body layer 116 (para. 0034). Thus, the moisture wicking layer 206 and the absorptive layer 206 would be attached to one another via the attachment to the inner fabric-body layer 116.
Claims 2-5, 9, 14, 15, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dunbar et al. US Patent Application Publication 2014/0039432 in view of Bruemmer et al. EP 048600 and further in view of Jayasuriya et al. US Patent Application Publication 2018/0014983.
As to claim 2, Dunbar/Bruemmer teach the absorptive garment of claim 1, substantially as claimed. Dunbar/Bruemmer teach the undergarments include a multilayer pad attached to the interior surface of the fabric body by stitching, gluing, or any other such attachment mechanism (Dunbar para. 0025). However, Dunbar/Bruemmer do not teach an adhesive layer positioned between the inner layer and the moisture wicking layer, wherein the adhesive layer couples at least a portion of the inner layer to at least a portion of the moisture wicking layer. Jayasuriya teaches an absorbable pad attached to a fabric body 170 (Fig. 1; para. 0050). The pad 100 has a functional layer 120, which serves as the acquisition and distribution (wicking) layer (Jayasuriya para. 0049), a liquid absorbent layer 130 over the liquid impermeable layer 110 (Fig. 1; para. 0050). Jayasuriya teaches an adhesive layer 150 positioned between the inner layer 170 and the functional (wicking) layer 120 (Fig. 1, para. 0054). Jayasuriya teaches bonding the layers around the periphery of the layers by adhesives to for the benefit of forming a liquid impenetrable barrier cuff (Jayasuriya paras. 0019-0021). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to use an adhesive layer for bonding means for the benefits taught in Jayasuriya.
As to claim 3, Dunbar/Bruemmer teach the present invention substantially as claimed. Dunbar/Bruemmer do not teach the he absorptive garment of claim 1, further comprising an additional layer positioned between the inner layer and the upper region of the encapsulation material, wherein the encapsulation material includes an adhesive material for bonding or adhering the additional layer to the moisture wicking layer via the encapsulation material. Jayasuriya teaches an absorbable pad attached to a fabric body 170 (Fig. 1; para. 0050). The pad 100 has a functional layer 120, which serves as the acquisition and distribution (wicking) layer (Jayasuriya para. 0049), a liquid absorbent layer 130 over the liquid impermeable layer 110 (Fig. 1; para. 0050) and encapsulation material 140. Jayasuriya teaches an additional layer 160 positioned between the inner layer 170 and the upper region of the encapsulation material 140. The additional layer 160 is bonding means and may be adhesive or ultrasonic bonding (Jayasuriya para. 0050). Jayasuriya teaches bonding the layers around the periphery of the layers by adhesives to for the benefit of forming a liquid impenetrable barrier cuff (Jayasuriya paras. 0019-0021). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Dunbar/Bruemmer with an additional layer for bonding means for the benefits taught in Jayasuriya.
As to claim 4, Dunbar/Bruemmer/Jayasuriya teach the absorptive garment of claim 2, wherein the adhesive layer 150 includes a bonding tape (Jayasuriya para. 0054).
As to claim 5, Dunbar/Bruemmer/Jayasuriya teach the absorptive garment of claim 4, where the adhesive layer 150 is bonded to the outer layer 170 at an end region of the outer layer (Fig. 1; para. 0054).
As to claim 9, Dunbar/Bruemmer/Jayasuriya teaches the absorptive garment of claim 3, wherein the stitched seam does not extend through the additional layer as Jayasuriya teaches the bonding means 160 is not stitching and may be adhesive or ultrasonic bonding.
As to claim 10, Dunbar/Bruemmer/Jayasuriya teach the piece of the encapsulation material 140 (Jayasuriya Fig. 1) is defined by a region of the encapsulation material that is folded and bonded together – where Jayasuriya teaches the liquid absorbing pad may be bonded to a garment using a C-fold arrangement of the fabric body 170 and the liquid impermeable barrier material 140 using an adhesive glue or more particularly, a double-sided adhesive tape (para. 0076).
As to claim 14, Dunbar/Bruemmer/Jayasuriya teach the absorptive garment of claim 2, wherein the adhesive layer 150 is coupled to the moisture wicking layer 120 and to the outer layer 170 (Jayasuriya Fig. 1; para. 0054).
As to claim 15, Dunbar/Bruemmer/Jayasuriya teach the absorptive garment of claim 14, wherein the adhesive layer 150 comprises a bonding tape (Jayasuriya para. 0054).
As to claim 16, Dunbar/Bruemmer/Jayasuriya teach the absorptive garment of claim 3, wherein the additional layer 160 is bonded to the outer layer 170 via an adhesive – where Jayasuriya teaches the layer 160 comprises bonding means used to bond the barrier material 140 to at least the liquid impermeable layer 110 (para. 0050). Jayasuriya further teaches the composite fabric is bonded together using 140, 150, and 170 (para. 0095), the composite includes the layer 160 since it is used to bond 140 to the pad 100.
As to claim 17, Dunbar/Bruemmer/Jayasuriya teaches the absorptive garment of claim 16, wherein the adhesive 150 comprises a bonding tape or a glue material adhered to the additional layer – where Jayasuriya teaches the adhesive 150 comprises a tape (para. 0054). Jayasuriya further teaches the composite fabric is bonded together using 140, 150, and 170 (para. 0095), the composite includes the layer 160 since it is used to bond 140 to the pad 100.
As to claim 19, Dunbar/Bruemmer/Jayasuriya teaches the absorptive garment of claim 2, wherein the stitched seam does not extend through the additional layer as Jayasuriya teaches the bonding means 160 is not stitching and may be adhesive or ultrasonic bonding.
As to claim 20, Dunbar/Bruemmer/Jayasuriya teach the absorptive garment of claim 9, wherein the additional layer 160 comprises an adhesive coating or material positioned on a surface of the inner layer for securing the inner layer to at least one of the moisture wicking layer or the encapsulation material – where Jayasuriya teaches the layer 160 comprises adhesive or ultrasonic bonding means for bonding the encapsulation material 140 to the moisture wicking layer and the fabric body 170 (paras. 0050, 0076, and 0095).
Allowable Subject Matter
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 8, Dunbar/Bruemmer/Jayasuriya do not teach the stitched seam extends through the adhesive layer. While Dunbar teaches the layers may be stitched or glued, Dunbar does not specifically teach an adhesive layer as claimed. Jayasuriya teaches an adhesive layer for combining the layers, but teaches away from the use of stitching as a method of combining the layers. Thus, the combination of Dunbar/Bruemmer/Jayasuriya that is used to teach the adhesive layer would not have a stitched seam extending through the adhesive layer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Beck et al. US Patent Application Publication 2006/0070163 is cited to show a garment having a multi-layered absorbent with a protective gusset at the periphery of the layers (Fig. 9). Carlbark et al. EP 1232735 is cited to show a laminate diaper cover with encapsulating material where the layers are laminated together using an adhesive (Fig. 2; para. 0012) . Gielis et al. WO 2019/027318 is cited to show a multi-layered absorbent pad in an undergarment, the pad having a waterproof layer partly overlying an absorptive layer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE F STEPHENS whose telephone number is (571)272-4937. The examiner can normally be reached 8:30-5:00.
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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781
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