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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-11 and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, 14, 15, 17, and 20 of U.S. Patent No. 12,178,689. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same subject matter.
The claim correspondence is as follows:
Claim
Application
12,178,689
1
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
2
2. The indicator device of claim 1, wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
3
3. The indicator device of claim 2, wherein the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
4
4. The indicator device of claim 1, wherein latch does not pierce the outer layer of the absorbent article.
14. The indicator device of claim 1, wherein the indicator device does not pierce the outer layer of the absorbent article.
5
5. The indicator device of claim 4, wherein latch does not pierce the inner layer of the absorbent article.
15. The indicator device of claim 1, wherein the indicator device does not pierce the inner layer of the absorbent article.
6
6. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article when the housing is secured to the absorbent article.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
7
7. The indicator device of claim 6 further comprising a latch that connects the housing and the lid when the lid is in the closed position.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
8
8. The indicator device of claim 6, wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
9
9. The indicator device of claim 8, wherein the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
10
10. The indicator device of claim 6, wherein the conductor comprises a conductive plate.
9. The indicator device of claim 1, wherein the conductor comprises a conductive plate.
11
11. The indicator device of claim 6, wherein the housing comprises a cavity, and the conductor is positioned in the housing cavity.
17. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the indicator device has been properly attached to the absorbent article, and the indicator device produces a second indication to indicate that the indicator device has not been properly attached to the absorbent article; and wherein the indicator device being properly attached to the absorbent article comprises the conductor properly interfacing with the conductive strip. & 20. The indicator device of claim 17, wherein the housing comprises a cavity, and wherein the conductor is positioned in the housing cavity.
12
12. The indicator device of claim 6, wherein the absorbent article conductive strip comprises a conductive ink printed on the absorbent article.
-
13
13. The indicator device of claim 12, wherein the conductive ink is printed on an inner surface of the absorbent article outer layer.
-
14
14. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article when the housing is attached to the absorbent article; wherein the indicator device produces a first indication to indicate that the indicator device has been properly attached to the absorbent article.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
15
15. The indicator device of claim 14, wherein the indicator device produces a second indication to indicate that the indicator device has not been properly attached to the absorbent article.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
16
16. The indicator device of claim 14, wherein the indicator device being properly attached to the absorbent article comprises the conductor properly interfacing with the conductive strip.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
17
17. The indicator device of claim 14 further comprising a lid that is moveable from an open position to a closed position.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
18
18. The indicator device of claim 17 further comprising a latch that connects the housing and the lid when the lid is in the closed position.
1. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the conductor has properly interfaced with the conductive strip, and the indicator device produces a second indication to indicate that the conductor has not properly interfaced with the conductive strip.
19
19. The indicator device of claim 14, wherein the housing comprises a cavity, and wherein the conductor is positioned in the housing cavity.
17. A wetness indicator device for attachment to an absorbent article, the indicator device comprising: a housing; a lid that is moveable from an open position to a closed position; a latch that connects the housing and the lid when the lid is in the closed position such that the housing is secured to the absorbent article; and a conductor that interfaces by non-contact connection with a conductive strip positioned between an outer layer and an inner layer of the absorbent article; wherein the indicator device produces a first indication to indicate that the indicator device has been properly attached to the absorbent article, and the indicator device produces a second indication to indicate that the indicator device has not been properly attached to the absorbent article; and wherein the indicator device being properly attached to the absorbent article comprises the conductor properly interfacing with the conductive strip. & 20. The indicator device of claim 17, wherein the housing comprises a cavity, and wherein the conductor is positioned in the housing cavity.
20
20. The indicator device of claim 14, further comprising a transmitter that transmits information to a remote display device.
16. The indicator device of claim 1, further comprising a transmitter that transmits information to a remote display device.
Allowable Subject Matter
Claims 12 and 13 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.
Claims 1-11 and 14-20 would be allowable over the prior art once the double patenting rejection is overcome.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor suggest a wetness indicator device for attaching to an absorbent article that includes a conductor that interfaces with a conductive strip that is positioned between an inner and outer layer of the absorbent article, the connection being accomplished through non-contact of the conductor and conductive strip.
The closest prior art to Bluteau (US 20030011479) discloses a wetness indicator for attaching to an absorbent article that senses wetness through a conductive strip, however, Bluteau uses contact means for the connection between the sensor and the conductive strips.
Conclusion
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689