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 § 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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Zhen-Qiang (CN 216723166 U) in view of Sepello; Cassandra Ann et al. (US 20220354710 A1).
Regarding claim 1, Liu discloses an undergarment (¶ [0001], The invention relates to the field of underwear; ¶ [0005], the invention claims a physiological period underwear, comprising a underwear main body; ¶ [0038], A physiological period underwear, as shown in FIG. 1 to FIG. 3, comprising a underwear body 10);
comprising one or more fabric panels forming a front side and a back side being joined such that the undergarment forms a waist opening and a pair of leg openings with a crotch region extending between the leg openings (¶ [0038], underwear body 10);
wherein a central longitudinal axis of the undergarment extends along the one or more fabric panels of the undergarment in a direction from the back side and towards the front side; and a transversal axis of the undergarment extends along the one or more fabric panels, perpendicular to the central longitudinal axis, dividing the undergarment into the front side and said back side (Figs. 1-2, underwear body 10 has a central longitudinal axis and a transversal axis);
the undergarment further comprising an absorbent assembly being arranged in at least part of the crotch region and comprising a wearer facing top layer, a moisture barrier and one or more intermediate layers being superimposed along a height axis (z), perpendicular to the longitudinal axis (y) and the transversal axis, between the top layer and the moisture barrier (¶ [0038], underwear body of crotch 100 is at least three-layer structure, water guide layer 102, water storage layer 103 and waterproof layer 104);
the absorbent assembly defining a circumferential outer edge, wherein a circumferential margin of the absorbent assembly extends along the circumferential outer edge (¶ [0040], In a preferred embodiment, it further comprises a crotch main body two sides of the structure 200, the structure is at least composed of a part of the waterproof layer folded back);
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wherein the circumferential margin comprises one or more sealed margin portions, each sealed margin portion comprising a fluid seal providing a continuous sealing along the sealed margin portion and between the wearer facing top layer and the moisture barrier so as to hinder fluid leakage from an area inside the circumferential margin to the outside of the circumferential outer edge via the sealed margin portion (¶ [0040], a crotch main body two sides of the structure 200 … the moisture absorbed between the water guide layer and the water storage layer is wrapped by the waterproof layer, so as to further prevent the underwear from generating side leakage along the edge); and
the circumferential margin further comprising one or more unsealed margin portions (Fig. 2 shows that the structures 200 extend only around the leg openings, therefore unsealed margin portions extend along the front and rear edges).
Liu teaches the invention substantially as claimed by Applicant but is silent whether the undergarment is washable and reusable. Sepello discloses a washable and reusable undergarment (¶ [0002], [0004], [0003], opting to use durable/washable absorbent underwear; ¶ [0014], “durable” means made predominately of cloth material that is knitted and/or woven … and which may be normally laundered or hand-washed and dried for reuse/re-wear a plurality of times; ¶ [0030] Referring to FIGS. 1 and 2 as an illustrative but non-limiting example, a pant may include a front waist portion 100, a rear waist portion 120 and a crotch portion 130; ¶ [0116] Prior to measuring absorption capacity, the examples of the pants of interest (prior to removal of samples therefrom) are washed in order to mimic in-use conditions);
comprising one or more fabric panels forming a front side and a back side being joined such that the undergarment forms a waist opening and a pair of leg openings with a crotch region extending between the leg openings wherein a central longitudinal axis of the undergarment extends along the one or more fabric panels of the undergarment in a direction from the back side and towards the front side (¶ [0023] For purposes herein, “pant” includes any garment adapted for wear about the human lower torso, including a front waist portion and a rear waist portion that join about the wearer's hips and beneath the wearer's crotch, to form a garment having a waist opening and a pair of leg openings; ¶ [0025], For a legged pant, the lowermost points 140a along the inside leg opening edges 140 are disposed below the crotch tangent line 500 (i.e., away from the front waist edge 102) (see FIG. 5B)); and
a transversal axis of the undergarment extends along the one or more fabric panels, perpendicular to the central longitudinal axis, dividing the undergarment into the front side and said back side (¶ [0023] For purposes herein, “pant” includes any garment adapted for wear about the human lower torso);
the undergarment further comprising an absorbent assembly being arranged in at least part of the crotch region and comprising a wearer facing top layer, a moisture barrier, and one or more intermediate layers being superimposed along a height axis (z), perpendicular to the longitudinal axis (y) and the transversal axis, between the top layer and the moisture barrier (¶ [0049], Thus, in some circumstances, it may be desired that one or more layers present in the crotch portion 130 and/or crotch gusset 230 of the pant be formed of a rib knit fabric, with the “ribs” oriented substantially along the lateral direction of the pant; ¶ [0068] Now referring to FIGS. 2, 3A-3F and 4, through experimentation it has been learned that it may be desirable to incorporate the absorbent assembly 238 (including at least an absorbent layer 232, a barrier layer 233, and optionally including an additional, wearer-facing layer 231) into the pant structure);
the absorbent assembly defining a circumferential outer edge, wherein a circumferential margin of the absorbent assembly extends along the circumferential outer edge; wherein the circumferential margin comprises one or more sealed margin portions, each sealed margin portion comprising a fluid seal providing a continuous sealing along the sealed margin portion and between the wearer facing top layer and the moisture barrier so as to hinder fluid leakage from an area inside the circumferential margin to the outside of the circumferential outer edge via the sealed margin portion (¶ [0070] Referring to FIGS. 3A, 3B, 3E and 4, in one example, any or all of these seams may include an edge sealing structure including an edge sealing strip 235, wrapping about the absorbent assembly 238 at the periphery thereof, proximate any or all of seams 134, 135 and 138).
Sepello enables a wearer to wash and reuse the garment to improve comfort and reduce the garment’s material impact (¶ [0003], Additionally, some market segments have exhibited a preference for durable absorbent underwear … for various reasons including comfort, appearance (e.g., discreetness under clothing), concerns for added burdens on waste management systems, concerns for raw material sourcing sustainability, etc.). One would be motivated to modify Liu with Sepello’s washable materials to improve the garment’s comfort and reduce its material impact. For example, Liu points out difficulties with traditional materials (¶ [0002], In addition, because the menstruation is blood, and it is difficult to wash; ¶ [0003], The ventilation property of the common underwear in the market is generally, not suitable for physiological use). Liu further calls for a knitted material (¶ [0045], In a preferred embodiment, the water guide layer is a knit conductive structure of the structure cloth).
A skilled artisan would have been able to modify Liu with Sepello’s washable materials by constructing the garment from washable materials. Sepello describes washable materials, including a knitted fabric (¶ [0041] In one example, the front and rear waist portions 100, 120, and the outward-facing layer 234 of the crotch gusset 230, may include or be formed of a knitted stretch fabric, in some examples, a combination of one or more of nylon, polyester, cotton and elastane fibers (e.g., Lycra spandex (a product of The Lycra Company, Wilmington, Del.)); ¶ [0054], Accordingly, one or more of polyester, polyamide and/or combinations thereof may be preferred … for the absorbent layer 232; ¶ [0056] In other examples, one or more elastically extensible polymer film layers distinct from the fabric layer(s) in the crotch portion 130 may be included). Therefore, it would have been obvious to modify Liu with Sepello’s washable materials to enhance comfort and minimize the garment’s material impact.
Regarding claims 26 and 28, Liu discloses an absorbent assembly for an undergarment (¶ [0001], [0005], [0038], comprising a underwear body 10, underwear body of crotch 100 is at least three-layer structure);
the assembly comprising a wearer facing top layer (¶ [0038], water guide layer 102);
a moisture barrier (¶ [0038], waterproof layer 104); and
one or more intermediate layers being superimposed along a height axis, perpendicular to the longitudinal axis and the transversal axis, between the top layer and the moisture barrier (¶ [0038], water storage layer 103);
the absorbent assembly defining a circumferential outer edge, wherein a circumferential margin of the absorbent assembly extends along the circumferential outer edge (¶ [0040], In a preferred embodiment, it further comprises a crotch main body two sides of the structure 200, the structure is at least composed of a part of the waterproof layer folded back);
wherein the circumferential margin comprises one or more sealed margin portions, each sealed margin portion comprising a fluid seal providing a continuous sealing along the sealed margin portion between the wearer facing top layer and the moisture barrier so as to hinder fluid leakage from an area inside the circumferential margin to the outside of the circumferential outer edge via the sealed margin portion (¶ [0040], In a preferred embodiment, it further comprises a crotch main body two sides of the structure 200, the structure is at least composed of a part of the waterproof layer folded back); and
the circumferential margin further comprising one or more unsealed margin portions, wherein the absorbent assembly is free from fluid seals outside of the one or more sealed margin portions (Fig. 2 shows that the reverse structures 200 extend only around the leg openings, therefore unsealed margin portions extend along the front and rear edges).
Liu teaches the invention substantially as claimed by Applicant but is silent whether the absorbent assembly is washable and reusable. Sepello discloses a washable and reusable absorbent assembly for an undergarment (¶ [0002], [0004], [0003], [0014], [0030], [0068], absorbent assembly 238; ¶ [0116]);
the assembly comprising washable and reusable materials (¶ [0041], knitted stretch fabric, in some examples, a combination of one or more of nylon, polyester, cotton and elastane fibers (e.g., Lycra spandex (a product of The Lycra Company, Wilmington, Del.)); ¶ [0054], Accordingly, one or more of polyester, polyamide and/or combinations thereof may be preferred … for the absorbent layer 232; ¶ [0056] In other examples, one or more elastically extensible polymer film layers distinct from the fabric layer(s) in the crotch portion 130 may be included).
Sepello constructs an absorbent assembly from commercially available materials, and which enhance comfort and minimize the garment’s material impact. Regarding the rationale and motivation to modify Liu with Sepello’s washable and reusable materials, see the discussion of claim 1 above.
Regarding claims 2-3, 6-7, 12-17 and 20-24, Liu discloses an undergarment wherein the absorbent assembly is free from fluid seals outside of the one or more sealed margin portions (Fig. 2, only the structures 200 contain fluid seals);
wherein, in the one or more sealed margin portions, the fluid seal or fluid seals substantially coincide with the circumferential outer edge of the absorbent assembly (Fig. 2, the structures 200 coincide with the article’s outer edges);
wherein the one or more fluid seals comprises a fluid sealing joint; wherein the wearer facing top layer and the moisture barrier are directly joined by at least one of the fluid sealing joints (¶ [0043], In a preferred embodiment, the crotch edge is embedded with a glue film strip 107);
wherein at least one of the one or more fluid sealing joints and/or the one or more non-fluid sealing joints comprises a mechanical joint (¶ [0042], In a preferred embodiment, the reverse structure in the sewing line 201 is fixedly connected to the crotch, the sewing thread is hidden between the outer surface of the waterproof layer);
wherein the one or more unsealed margin portions comprises a front margin portion, wherein the circumferential outer edge of the absorbent assembly faces towards the front of the undergarment; wherein the one or more unsealed margin portions comprises a back margin portion wherein the circumferential outer edge of the absorbent assembly faces towards the back of the undergarment (Fig. 2 shows unsealed front and back margin portions);
wherein the one or more sealed margin portions includes a pair of sealed side margin portions located opposite to each other and on each side of the longitudinal axis, wherein optionally each sealed side margin portion extends longitudinally along at least a part of the crotch region of the undergarment; wherein, in each sealed side margin portion, at least a part of the circumferential outer edge of the absorbent assembly follows the contour of a respective leg opening of the undergarment; wherein each of the fluid seals in the sealed side margin portions extends continuously over a longitudinal side sealing length (SSL) (Fig. 2, structures 200 extend longitudinally on the sides of the crotch portion and follow the contours of a respective leg openings);
wherein the circumferential margin and absorbent assembly are free from fluid seals outside of the sealed side margin portions (Figs. 1-3, Liu’s undergarment contains seals only along structures 200);
wherein the circumferential margin forms a front margin portion being the part of the circumferential margin located longitudinally between the frontmost longitudinal end of the sealed side margin portions and the frontmost end of the absorbent assembly and/or a rear margin portion being the part of the circumferential margin located between the rearmost longitudinal end of the sealed side margin portions and the rearmost end of the absorbent assembly (Fig. 2, the crotch 100 includes front and rear margin portions);
wherein the front margin portion and/or the rear margin portion comprises an unsealed margin portion (annotated Fig. 2 shows unsealed front and rear margin portions);
wherein the wearer facing top layer and/or the moisture barrier layer extend beyond the one or more intermediate layers in at least a portion of the front margin portion and/or rear margin portion (Fig. 3, water guide layer 102 and waterproof layer 104 extend more widely than water storage layer 103).
Regarding claims 4, 5 and 8-10, Liu does not explicitly disclose that the fluid seals extend at a distance from the circumferential outer edge or comprise an elastic tape. Sepello discloses an undergarment wherein, in one or more sealed margin portions, fluid seals are arranged to extend along a circumferential outer edge and at a distance from the circumferential outer edge (¶ [0070] Referring to FIGS. 3A, 3B, 3E and 4, in one example, any or all of these seams may include an edge sealing structure including an edge sealing strip 235, wrapping about the absorbent assembly 238 at the periphery thereof, proximate any or all of seams 134, 135 and 138);
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wherein a wearer facing top layer, a moisture barrier and one or more intermediate layers are joined by fluid sealing joints (¶ [0031], In the example shown, one or more additional layers of material 231, 232, 233 may be added to the wearer-facing side of layer 234 as shown, and be connected or affixed directly or indirectly to the first section of material via, e.g., stitching/sewing, adhesive bonding, thermal bonding (fusing or welding) or other suitable attachment/joining mechanism (hereinafter, attachment mechanism) at, e.g., forward and rearward gusset seams 134, 138 and/or along the crotch leg opening edges 140);
wherein at least one of the one or more fluid seals comprises a fluid sealing member; wherein the fluid sealing member is an elastic tape (¶ [0070] Referring to FIGS. 3A, 3B, 3E and 4, in one example, any or all of these seams may include an edge sealing structure including an edge sealing strip 235, wrapping about the absorbent assembly 238 at the periphery thereof, proximate any or all of seams 134, 135 and 138. Edge sealing strip 235 may include a strip of film that is liquid impermeable and hydrophobic).
Sepello describes more details of how to join edges of an absorbent assembly with adhesive or sealing tape. One would be motivated to modify Liu with Sepello’s extended fluid seals since Liu calls for sealing the assembly’s edges with adhesive (¶ [0044], In a preferred embodiment, the crotch edge is embedded with a glue film strip 107; ¶ [0046], In a preferred embodiment, the crotch section is provided with a glue film ring 108 surrounded by the area). Therefore, it would have been obvious to modify Liu with Sepello’s extended fluid seals to construct the absorbent assembly with other techniques.
Regarding claim 5, Liu and Sepello are silent regarding the distance between the fluid seals and circumferential outer edge. The seal-to-edge distance is interpreted as a result-effective variable, subject to experimentation and testing. The seal-to-edge distance represents how far the seal extends beyond the absorbent layer’s edge, and can be optimized to provide an adequate waterproof margin around the absorbent layer. For example, Sepello specifies a closely related dimension which overlaps the range of less than 5 mm (¶ [0144], a barrier margin (HM) having an average dimension greater than 0 mm, more preferably at least 1 mm, and even more preferably at least 2 mm).
Optimized range
The impermeable seal will prevent liquids from contacting the wearer’s legs
Too high
The impermeable seal will extend too far around the assembly’s perimeter and will interfere with absorbing fluids, or irritate the wearer
Therefore, it would have been obvious to adjust the seal-to-edge distance in order to avoid irritating the wearer. See MPEP 2144.05(II)(A,B). Also see in re Boesch and Slaney, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 11, Liu discloses a non-fluid sealing joint (¶ [0042], In a preferred embodiment, the reverse structure in the sewing line 201 is fixedly connected to the crotch, the sewing thread is hidden between the outer surface of the waterproof layer).
Liu does not explicitly disclose that at least one of the one or more unsealed margin portions comprises at least one non-fluid sealing joint. However, Liu suggests that other parts of the undergarment are secured to each other or to the absorbent assembly, since they form a coherent garment (Figs. 1-2). A skilled artisan would have been able to modify Liu’s undergarment by sewing or stitching the crotch portion 100 to the main body 10 in order to join these pieces with a known technique. Therefore, modifying Liu’s article with a non-fluid sealing joint at the unsealed margin portions would have been obvious in order to cohere and assemble the garment.
Regarding claims 18, 19 and 25, Liu is silent regarding the dimensions of side sealing length (SSL), RML, FML or RML. The SSL, RML, FML and RML are interpreted as a result-effective variables, subject to experimentation and testing. The SSL and other measures depend on the absorbent assembly’s area and shape, which can be optimized through routine experimentation. For example, the SSL generally matches the absorbent assembly’s perimeter. Similarly, the RML, FML or RML quantify segments of the perimeter. Liu’s absorbent assembly has an irregular shape comprising a combination of curved and straight edges. A skilled artisan would have been able to adjust the absorbent assembly’s area in order to accommodate a wearer and will thereby also optimize the SSL, RML, FML or RML.
Too low
The absorbent assembly will be too small to absorb adequate fluids
Optimized range
The absorbent assembly will absorb fluids while bending easily when the user walks
Too high
The absorbent assembly will be too bulky, and will prevent free movements when the user walks
Therefore, it would have been obvious to adjust the absorbent assembly’s area and its SSL, RML, FML or RML to accommodate the user while absorbing adequate fluids. See MPEP 2144.05(II)(A,B). Also see in re Boesch and Slaney, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Koyama; Takao et al. JP 4073391 B2
Liu, Zhen-Qiang CN 113693307 A
Simmons; Frances B. US 5019067 A
Mizutani; Satoshi US 5851204 A
Rainville-Lonn, Francine et al. US 20040230175 A1
Tulk; Raquel et al. US 20160184146 A1
Kajanthan; Arulseelan et al. US 20210030605 A1
Kurt; Alyssa et al. US 20220096286 A1
Yip; Suet Hing et al. US 20220142827 A1
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/Adam Marcetich/
Primary Examiner, Art Unit 3781
