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 § 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.
Claims 1-17 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.
Claims 1-2 and 7 recite the limitation that the pocket is in its erected configuration in the absence of any applied pressure, which the instant specification notes as meaning no pressure exerted on the pocket other than gravity. However, the fact that the pocket goes from a flattened state to an erected state appears to require some force, particularly from the third material as later described. Thus it does not appear clear that the pocket expands without any pressure. For the purpose of examination, the limitation will be interpreted as the pocket being erected absent an external pressure exerted, as such a term is also used in the context of the application (see claim 9).
Similarly, claim 7 recites the pocket erecting to a percentage of its maximum height in the absence of any applied forces, which has similar concerns as recited in the analysis of claims 1-2 above. For the purpose of examination, the limitation will be interpreted as occurring in the absence of any externally applied forces.
Moreover, claim 7 recites wherein the pocket erects to at least 30% or at least 50% of its maximum height. It is not immediately clear if the bounds of the limitation are that the prior art is required to erect to 50% of its maximum height to read on the limitation, or 30% of its maximum height. For the purpose of examination, the limitation will be interpreted as the pocket erecting to at least 30% of its maximum height.
Claim 15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language, in this instance reciting a . This claim is an omnibus type claim.
The remaining claims are rejected by virtue of being dependent on claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8, and 17 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Mishima (US 20020138058)
Regarding claim 1, as best understood by the examiner, Mishima discloses a disposable defecation pocket for containing feces (abstract), the pocket having an opening (fig. 2, opening 28), a perimeter around the opening (fig. 2, perimeter of flange 32), a bottom (fig. 2, lower sheet 27 with a bottom 16 plus upper sheet 26 and side wall 19), a side wall extending from the perimeter to the bottom (fig. 3, side wall defined by cylindrical guide 29 extending from flange 32 to bottom partially defined by upper sheet 26), the side wall and the bottom each having a first surface facing towards the inside of the pocket and a second surface facing outwardly (fig. 3 shows the bottom and side wall as defined has an internal compartment with an inward facing surface and an outward facing surface);
the pocket being able to expand from a flat, collapsed configuration to an erected configuration (paragraph 0019 describes the cylinder being able to be stretched and contracted like a bellows, going from a collapsed to erected configuration), wherein the erected configuration provides a void volume inside the pocket (fig. 3, erecting the cylindrical guide 29 creates a void volume), the pocket being, at least partly, in its erected configuration in the absence of any applied pressure (paragraph 0023 describes the contraction of the supporting members [which as best understood is not an external pressure] causing the flange 32 to be in contact with a zone surrounding the anus);
the pocket comprising:
a first material forming the bottom (fig. 2, lower sheet 27 as the first material, paragraph 0021 describing a liquid-impervious nonwoven fabric),
a second material forming the side wall, wherein the first and second material is the same or different (fig. 3, cylindrical guide 29 formed of a material, paragraph 0019 describing an inelastic nonwoven fabric or plastic film);
a first attachment material continuously provided along the perimeter, the first attachment material enabling attachment of the perimeter to the skin around the anus of a wearer (paragraph 0023 describes the flange 32 having a coating of adhesive that has an alleviated adhesive force, paragraph 0023); and
a second attachment material provided on the second surface of the bottom, the second attachment material enabling attachment of the bottom to a surface of an article selected from the group consisting of a diaper, an absorbent pant, an absorbent insert, an outer cover, and underpants (paragraph 0025 describes the lower sheet 27 coated with either adhesive or mechanical fastener to attach to topsheet of a diaper).
Regarding claim 2, as best understood by the examiner, Mishima discloses wherein the pocket converts from its flat compressed configuration into its least partly or completely erected configuration on its own motion in the absence of any applied pressure (paragraph 0023 describes the contraction of the supporting members [which as best understood is not an external pressure] causing the flange 32 to be in contact with a zone surrounding the anus).
Regarding claim 3, Mishima discloses wherein the first attachment material is a body adhesive (paragraph 0023 describes if flange 32 is coated with adhesive, the adhesive force itself can be alleviated).
Regarding claim 4, Mishima discloses wherein the second attachment material is an adhesive or a mechanical fastener (paragraph 0025 describes either an adhesive or a mechanical fastener).
Regarding claim 5, Mishima discloses wherein the size and shape of the perimeter enables attachment around the anus of a wearer, including the area between the anus and the genitals of a wearer (paragraph 0016 describes the region placed against a zone surrounding the anus, with paragraph 0020 describing the perimeter and the space between the support members 20 allows for a user to put his penis between the branches).
Regarding claim 6, Mishima discloses wherein the perimeter is formed by a rim, the rim comprising an outer perimeter and an inner perimeter (fig. 2, flange 32 has an outer perimeter and inner perimeter surrounding opening 28), the inner perimeter forming the opening (fig. 2), the rim comprising a first surface intended to be in contact with the skin of the wearer when the pocket is in use, wherein the first attachment material of the perimeter is provided on the first surface of the rim (paragraph 023 describes the flange 32 having a coating of adhesive to attach to the wearer’s skin).
Regarding claim 8, Mishima discloses wherein the side wall comprises a hinge, the hinge providing a fold line along which the pocket folds when being compressed from its erected configuration to its flat, collapsed configuration (fig. 2, cylinder with pleats 38 that have hinges/folds in between them to act as a bellows, paragraph 0019).
Regarding claim 17, Mishima discloses a kit comprising one or more pockets of claim 1 and one or more articles (fig. 1 shows the disposal means 1 inside disposable diaper 2), each article having a designated target area to which the second attachment material is intended to be attached (fig. 1 shows an area intended for disposal means 1 to be attached).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Mishima.
Regarding claim 7, as best understood by the examiner, Mishima wherein the pocket has a minimum height in its flat, collapsed configuration (paragraph 0019 describes the cylinder being stretched and contracted, implying a minimum height) and a maximum height in its erected configuration (paragraph 0019),
but is silent to wherein the pocket erects to at least 30% of its maximum height in the absence of any applied forces.
However, Mishima teaches wherein the cylindrical guide is stretched upward to be brought in close contact with the zone surrounding the anus (paragraph 0029). In this manner, it appears that the maximum height it stretches without external forces is dependent on the distance of the article from the user’s anus.
Therefore, 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 device disclosed in ref A such that the pocket erects to at least 30%, of its maximum height in the absence of any applied forces, for the purpose of providing a suitable means of keeping the flange in close contact with the zone surrounding the anus (paragraph 0029), and 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 Mishima would not operate differently with the claimed percentage of maximum height as long as the flange keeps in close contact with the user’s anus. Further, it appears that the applicant places no criticality on the range claimed, as multiple ranges are given for acceptable percentages for maximum heights (see instant PGPUB, paragraph 0081).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Mishima in view of Cheng (US 20110196332).
Regarding claim 15, Mishima is silent to wherein the bottom has a low surface tension fluid strikethrough time of at least 100 seconds, and the side wall has a low surface tension fluid strikethrough time of at least 50 seconds, as measured according to the test method set out herein (what?)
However, Mishima teaches wherein the bottom is made of a liquid impervious plastic film (paragraph 0021), with the side being made of an inelastic nonwoven (paragraph 0019), and Cheng teaches an absorbent article (abstract) wherein nonwoven materials teaching a surface tension fluid strikethrough time of at least 100-200 seconds is known in the art (paragraph 0261, also fig. 29 showing a 15 gsm SMS having a strikethrough time of over 100 seconds)
Therefore, 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 device disclosed in Mishima such that the bottom has a low surface tension fluid strikethrough time of at least 100 seconds, and the side wall has a low surface tension fluid strikethrough time of at least 50 seconds, as measured according to the test method set out herein, as taught by Cheng, for the purpose of providing a suitably hydrophobic material that assists in containing low surface tension liquids (see Cheng, paragraph 0007).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Mishima in view of Kim (US 10561523).
Regarding claim 16, Mishima does not teach the device comprising a grip at or adjacent to the perimeter
However, Kim teaches a collector for human feces (abstract) that comprises a grip (101a) adjacent to the perimeter (fig. 5, handles 101a on the edges of the fixing plate 100).
Therefore, 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 device disclosed in Mishima such that it comprises a grip at or adjacent to the perimeter, as taught by Kim, for the purpose of providing a suitable handle that allows a user more easily prepare the device for use (see Kim, col. 6, lines 60-67).
Allowable Subject Matter
Claims 9-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 9, wherein the side wall comprises a third material, the third material being provided discontinuously and being attached to the second material, the combination of the second and third material enabling at least partial erection of the pocket in the absence of external forces applied on the pocket.
Neuenschwander (US 8382734) teaches an adult diaper system (abstract) wherein a sidewall comprises a third material (54), the third material being provided discontinuously and being attached to the second material (fig. 2, radially extending ribs 54 as discontinuously attached to wall material of chamber 34), the third material enabling at least partial erection of the pocket in the absence of external forces applied on the pocket (col. 4, lines 4-12 describes the function of the ribs 54 to hold the inner portion and chamber in an extended operative open orientation). However, Neuenschwander does not appear to demonstrate the pocket being able to expand from a flat, collapsed configuration. Moreover, applying the third material to the device of Mishima would not appear obvious, as it is unclear how the rib structure would work with the bellows of Mishima without destroying functionality.
For these reasons, claim 9 contains allowable subject material
Claims 10-14 contain allowable subject material by virtue of being dependent on claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON W LEVY whose telephone number is (571)272-7582. The examiner can normally be reached M-F 7:30AM- 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 5712705879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Brandon W. Levy/Examiner, Art Unit 3781
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