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.
Claims 1, 7-14, 18, and 19 are rejected under 35 U.S.C. 102(a) as being anticipated by
Kajanthan et al. US Patent Application Publication 2021/0030605.
As to claim 1, Kajanthan teaches an absorbent pad 100 for use in a garment (Figs. 1 and 2), the absorbent pad comprising:
a liquid impermeable barrier layer 106;
a functional assembly 101 attached to the liquid impermeable barrier layer 106 (paras. 0029,0043,
the functional assembly 101 comprising:
an absorbent layer 104 attached to the liquid impermeable barrier layer, the absorbent layer for absorbing liquid (para. 0029); and
a wicking layer 102 attached to the absorbent layer, the wicking layer arranged to face towards a skin of a user when in use, the wicking layer for transferring liquid to the absorbent layer (para. 0031); and
a peripheral assembly 110 attached to a periphery of the functional assembly 101, at least part of the peripheral assembly 110 being liquid impermeable (para. 0048),
wherein the peripheral assembly 110 comprises a liquid-impermeable pad attaching element 112, 112a, 112b (Figs. 1-3; paras. 0053-0054) attached to the periphery of the functional assembly and for attaching the absorbent pad to the garment, the pad attaching element 112 overlaying a periphery of the wicking layer (Fig. 4C) to reduce overflow of liquid from the periphery of the wicking layer 102 (Figs 1, 2, 9A; paras. 0054, 0056, 0058).
As to claim 7, Kajanthan teaches the wicking layer and/or absorbent layer comprises a foam material and/or a spacer fabric material (para. 0037).
As to claim 8, Kajanthan teaches the absorbent pad of claim 7, where the absorbent pad is moulded such that the functional assembly comprises a deformed portion, the deformed portion being a raised portion or a recessed portion where Kajanthan teaches absorbent pad is formed in the middle section 11 where the stitching compresses the respective layers and components and creates a well-like or pocket-like profile at the middle section (paragraph 0074).
As to claim 9, Kajanthan teaches the peripheral assembly 110 is bonded to peripheries of the functional and barrier layers (paragraph 0010). Thus, the peripheral assembly comprises:
a first peripheral subassembly arranged along a front and rear of the absorbent pad and a second peripheral subassembly arranged along a left and right of the absorbent pad which would encompass the entire peripheries of the functional and barrier layers. The first and second peripheral subassemblies are structurally different from each other due to the presence of the different features of the shape of the functional and barrier layers. The front and rear edges of the pad are sized and shaped differently as seen in Figures 6E and 6F. The left and right edges of the pad are also sized and shaped differently from the front and rear edges in that the left and right edges have a wider arc to provide an hourglass-shaped pad (Figures 6E, 6F, and 9B). In the embodiment in Figure 9B, the front and rear edges are a lateral straight line as compared to the left and right edges having a concave center portion.
As to claim 10, Kajanthan teaches the first peripheral subassembly includes the pad attaching element 112 (paragraph 0051).
As to claims 11-13, Kajanthan teaches the second peripheral subassembly at the left/right edges comprises:
a sealing element 110 attached to the wicking layer 102 and barrier layer 106;
the pad attaching element 112a; and a second pad attaching element 112b attached to the liquid impermeable sealing element and for stitching to the garment (paragraph 0055). Kajanthan teaches the second peripheral subassembly at the left/right edges comprises: the pad attaching element 112a ; and a second pad attaching element 112b attached to the wicking layer 102 and barrier layer 106 (Figure 9A), wherein the pad attaching element 112a is attached to the second pad attaching element 112b and for stitching to the garment, the pad attaching element being partially folded to cover the visible stitch lines- where Kajanthan teaches the functional layer is stitched to the barrier layer 106 and is an extension of the barrier layer 106 (para. 0052), but the if separate, the stiches could potentially form conduits for liquid to pass through so the peripheral sealing element 110 overlaps the stitches in order to maintain liquid impermeability of the absorbent pad (paragraph 0051). Kajanthan further teaches peripheral attaching element 112 may have a C-fold or C-shaped arrangement like that of the peripheral sealing element 110 to form a cover over the peripheral sealing element 110, thereby protecting it and improving the texture and feel of the absorbent pad 100 (paragraph 0056).
As to claim 14, Kajanthan teaches a garment 400 comprising:
a fabric body 200 (Figs. 6D-6F):
an absorbent pad 100 attached or attachable to the fabric body 200 (Figs. 1 and 2); and
a liquid impermeable barrier layer 106 being part of the absorbent pad 100;
wherein the absorbent pad comprises:
a functional assembly 101 attached to the liquid impermeable barrier layer 106 (paras. 0029,0043),
the functional assembly 101 comprising:
an absorbent layer 104 attached to the liquid impermeable barrier layer, the absorbent layer for absorbing liquid (para. 0029); and
a wicking layer 102 attached to the absorbent layer, the wicking layer arranged to face towards a skin of a user when in use, the wicking layer for transferring liquid to the absorbent layer (para. 0031); and
a peripheral assembly 110 attached to a periphery of the functional assembly 101, at least part of the peripheral assembly 110 being liquid impermeable (para. 0048),
wherein the peripheral assembly 110 comprises a liquid-impermeable pad attaching element 112, 112a, 112b (Figs. 1-3; paras. 0053-0054) attached to the periphery of the functional assembly and for attaching the absorbent pad to the garment, the pad attaching element 112 overlaying a periphery of the wicking layer (Fig. 4C) to reduce overflow of liquid from the periphery of the wicking layer 102 (Figs 1, 2, 9A; paras. 0054, 0056, 0058).
As to claim 18, Kajanthan teaches the garment according to claim 14, wherein:
the peripheral assembly 110 of the absorbent pad 100 comprises a liquid impermeable sealing element 110 (para. 0048) attached to peripheries of the functional assembly 101 and barrier layer 106 (para. 0048);
the functional assembly 101 and barrier layer 106 are stitched to the fabric body 200 (Fig. 9A; para 0055) of the garment 400;
the sealing element 110 is an extension of the barrier layer 106 (para. 0052) and is attached to the wicking layer (para. 0051);
the pad attaching element 112, 112a, 112b is an extension of the fabric body and is attached to the sealing element 110 to cover the sealing element (Figs. 7C, 7D; para. 0055, 0059);
the sealing element 110 and pad attaching element 112, 112a, 112b cooperatively seal the periphery of the absorbent pad 100 (Fig. 9A); and
the sealing element 110 and pad attaching element 112, are folded to cover visible stitch lines (Figs. 9A; para. 0056).
As to claim 19, Kajanthan teaches the garment according to claim 14, wherein:
the peripheral assembly 110 of the absorbent pad 100 comprises a liquid impermeable sealing element 110 (para. 0048) attached to peripheries of the functional assembly 101 and barrier layer 106 (para. 0048);
the functional assembly 101 and barrier layer 106 are stitched to the fabric body 200 (Fig. 9A; para 0055) of the garment 400;
the sealing element 110 is an extension of the barrier layer 106 (para. 0052) and is attached to the wicking layer (para. 0051);
the pad attaching element 112, 112a, 112b is an extension of the fabric body and is attached to the sealing element 110 to cover the sealing element (Figs. 7C, 7D; paras. 0055, 0059);
the sealing element 110 and pad attaching element 112, 112a, 112b cooperatively seal the periphery of the absorbent pad 100 (Fig. 9A; paras. 0056); and
the peripheral assembly 110 comprises a second pad attaching element 108, attached to the wicking layer and the pad attaching element 112 (Fig. 9A, 10A, 10B; paras. 0077-0079);
the sealing element 110 and pad attaching element 112, are folded to cover visible stitch lines (Figs. 9A; paras. 0055-0056).
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 2, 5, 6, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kajanthan et al. US Patent Application Publication 2021/0030605 in view of Chen et al. US Patent Application Publication 2022/0087873.
As to claim 2, Kajanthan teaches the present invention substantially as claimed. Kajanthan does not teach the functional assembly 101 comprises an acquisition and distribution layer attached to the wicking layer and/or the absorbent layer, the acquisition and distribution layer for facilitating liquid distribution across width-wise and length-wise directions of the absorbent pad to thereby improve liquid absorption by the absorbent layer. Chen, from the same field of endeavor, teaches a reusable absorbent garment having an absorbent insert 30 where the absorbent insert comprises a top layer 32, a wicking layer 72, an absorbent layer 64, and a fluid impermeable layer 34 (Chen Figs. 3A, 3B; paras. 0017, 0057-0061). Chen teaches the insert 30 has an acquisition/distribution system (ADS) 72 attached to the absorbent layer 64. Chen teaches one function of the ADS is to quickly acquire one or more of the fluids and distribute them to the absorbent core in an efficient manner. Chen teaches the ADS may include hydrophilic materials that provide significant wicking of bodily exudates (Chen para. 0077). It would have been obvious to one having ordinary skill in the art to modify the functional assembly of Kajanthan with an acquisition/distribution layer for the benefits taught in Chen.
As to claims 5 and 6, Kajanthan teaches the present invention substantially as claimed. Kajanthan does not specifically teach the functional assembly 101 comprises a top layer attached to the wicking layer and arranged to face towards the user's skin when in use and further that the top layer comprises an array of openings and/or the absorbent layer, the top layer comprising a hydrophobic material.
Chen, from the same field of endeavor, teaches a reusable absorbent garment having an outer cover with an absorbent insert where the absorbent insert comprises a top layer 32, a wicking layer 72, an absorbent layer 64, and a fluid impermeable layer 34 (Chen Figs. 3A, 3B; paras. 0017, 0057-0061. Chen teaches the functional assembly (insert 30) has a top layer 32 arranged to face towards the user’s skin when in use (para. 0062). Chen teaches the topsheet 32 has an array of openings where Chen teaches the topsheet may be manufactured from apertured plastic films and comprise on or more apertures (para. 0062). Che teaches the topsheet 32 is generally supple, soft feeling, and non-irritating to a wearer’s skin and is liquid pervious, permitting liquid to readily penetrate through the thickness of the topsheet (Chen para. 0062). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Kajanthan with a top layer for the benefits taught in Chen.
As to claim 15, Kajanthan teaches the absorbent pad of claim 14, substantially as claimed. Kajanthan does not teach the absorbent pad further comprising a plurality of fasteners located on an inner side and/or an outer side of the fabric body, the fasteners optionally comprising snap buttons and/or touch fasteners. Chen teaches the absorbent insert 30 having a plurality of fasteners (Figs. 2A-3; para. 0042) located on and inner and/or outer side to fasten and/or refasten the insert to the fabric body (para. 0042). It would have been obvious to one having ordinary skill in the art to provide a plurality of fasteners on the absorbent pad of Kajanthan. Doing so would allow a washable insert to easily be removed for cleaning (Chen. paras. 0059-0060).
As to claim 16, Kajanthan teaches the absorbent pad of claim 14, substantially as claimed. Kajanthan does not teach the garment comprises one or more areas made of a material that increases frictional resistance of said areas to improve gripping properties of the garment. Chen teaches the absorbent insert may also include one or more grasp structures 63. Chen teaches in certain embodiments the grasp structure may have a different tactile feel surrounding or adjacent areas to distinguish the area and ease the user’s identification of the grasp structures. Chen teaches the grasp structures are beneficial in that they enable the user to quickly and easily grasp the inert, handle the insert during application and/or properly place the insert (Chen para. 0059). It would have been obvious to one having ordinary skill in the art before the invention was originally filed to provide one or more areas of the garment of Kajanthan with frictional resistance to improve the gripping of the article as taught in Chen.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Kajanthan et al. US Patent Application Publication 2021/0030605 in view of Van De Maele US 2018/0064584.
As to claims 3 and 4, the wicking layer 102 comprises an array of hydrophobic yarns and hydrophilic yarns that form channels for guiding liquid flow - where Kajanthan teaches the wicking layer 102 comprises blends of polyester, polypropylene, and cotton materials that are naturally moisture-wicking (paragraph 0032). Kajanthan teaches the wicking layer may include one or more coatings or treatments which would enhance its liquid and moisture management functionality such as rate of wicking, wicking capacity, and rate of spreading and distribution (paragraph 0031). Kajanthan teaches the hydrophilic and hydrophobic compositions may be applied to the wicking layer using any conventional method known to the skilled person (paragraph 0033). However, Kajanthan does not teach the wicking layer comprising alternating lines of hydrophobic and hydrophilic material. Van De Maele teaches an absorbent structure having a distribution layer 100a and a wicking layer 100b that can be fully or partially hydrophilic or hydrophobic or a combination thereof (Van De Maele paragraph 0213). Van De Maele teaches a cost advantage can be achieved by using an inherently hydrophilic material and coating the material with a hydrophobic coating layer. Van De Maele Van De Maele does not specifically teach a linear array of the coating, but does teach the coating can be applied substantially continuously, partially, or at discreet locations. It would have been obvious to one having ordinary skill in the art at the time the invention was originally filed to modify the coating on the wicking layer of Kajanthan/Van De Maele to have multiple flow enhancing patterns and/or shapes depending on the desired end product features (Van De Maele paragraph 0213). Van De Maele additionally teaches channels for guiding liquid flow (Van De Maele paragraph 0208).
11. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kajanthan et al. US Patent Application Publication 2021/0030605 in view of Hameed et al. US Patent Application Publication 2009/0270829.
As to claim 17, Kajanthan teaches the garment according to claim 14 substantially as claimed. Kajanthan does not teach the garment comprises a pocket for holding a removable item therein, wherein the removable item is optionally a laundry bag or an absorbent component. Hameed from the same field of endeavor teaches an undergarment with at least one changing accessory for cleaning or treating an undergarment wearer or caregiver (Abstract). Hameed teaches a container 14 attached to an outer surface of the undergarment (Figs. 1-4), where the container houses a changing accessory, such as a wipe, baby powder, lotion, disposal bag, gloves, and the like (paras. 0005-0006). Hameed teaches the benefit is providing an improved system to assist in cleaning the person when changing the person’s undergarment (para. 0004), It would have been obvious to one having ordinary skill in the art before the invention was originally filed to modify Kajanthan with a pocket/container for housing a changing accessory for the benefits taught in Hameed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Griffiths US 2018/0092787 and Sepello et al. US 2021/0290447 are cited to show undergarments having a multi-layer absorbent crotch with a peripheral seal.
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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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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/JACQUELINE F STEPHENS/ Primary Examiner, Art Unit 3781
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