DETAILED ACTION
Note: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
1. Claims 1 is pending and currently under consideration for patentability.
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on January 28, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Statutory Double Patenting
4. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
5. Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No.12,239,567. This is a statutory double patenting rejection.
With regard to claim 1, Patent ‘567 discloses “A fluid collection device, comprising: a fluid impermeable layer having a proximal end region and a distal end region, the fluid impermeable layer at least partially defining an interior volume of the fluid collection device and at least partially forming a first region of the fluid collection device; a fluid permeable membrane having an outer surface positioned to contact skin of a user and form at least a portion of a second region of the fluid collection device, wherein the outer surface of the fluid permeable membrane extends convexly outward away from at least a portion of the fluid impermeable layer; an outlet positioned at the proximal end region of the fluid impermeable layer and in fluid communication with the interior volume of the fluid collection device; a sump positioned in the distal end region of the fluid impermeable layer, the sump being defined at least partially by the fluid impermeable layer; an elongated tube having an intake end disposed in the interior volume at least proximate to the sump and in fluid communication with the outlet; a permeable member disposed at least partially in the interior volume of the fluid collection device, wherein the permeable member and the fluid permeable membrane are at least partially concentric around the elongated tube (See claim 1 of Patent ‘567).”
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sanchez (US 8,287,508) discloses a fluid collection device (60; abstract; Figs. 3, 8), comprising: a fluid impermeable layer/backing (closed container, 62) having a proximal end region (“one end” having outlet port, 68) and a distal end region (opposite end, 72), the fluid impermeable layer/backing (62) at least partially defining an interior volume (internal chamber, 64) of the fluid collection device (60) and at least partially forming a first region (region opposite to array of openings, 66) of the fluid collection device (60; Fig. 8; col. 6, lines 12-31); a fluid permeable membrane (moisture wicking material, 20; best seen in Figs. 2, 3, 4) having an outer surface positioned to contact skin of a user and form at least a portion of a second region (region having openings, 66) of the fluid collection device (60), wherein the outer surface of the fluid permeable membrane (20) extends convexly outward away (see Figs. 2, 3, 4; where 20 extends convexly outward away by virtue of its wrapping around 62) from at least a portion of the fluid impermeable layer/backing (62; col. 6, lines 32-40); an outlet (68) positioned at the proximal end region of the fluid impermeable layer/backing (62) and in fluid communication with the interior volume (64) of the fluid collection device (62; col. 6, lines 32-40; Figs. 2, 3); a sump (lowest portion within the chamber; col. 6, lines 12-31; “the opposite end 72 of the container 62 can be positioned conveniently at a lower elevation than the remainder of the container so that the urine-transfer tube 70 is positioned for receiving the voided urine that collects in the lowest portion within the chamber 64”) positioned in the distal end region (72) of the fluid impermeable layer/backing (62) distal to the outlet (68; Fig. 8), the sump (lowest portion within the chamber) being defined at least partially by the fluid impermeable layer/backing (62; Fig. 8); and an elongated tube (urine transfer tube, 70) having an intake end disposed in the interior volume (64) at least proximate to the sump (lowest portion within the chamber) and in fluid communication with the outlet (68; Fig. 8).
Wolff et al. (US 6,740,066) discloses a urine collection device (abstract; Figs. 5a-5b), comprising a fluid impermeable layer (outer layer, 33), a moisture-wicking layer (nylon mesh layer, 38), and an outlet (35) connected to an elongated tube (col. 5, line 56 - col. 6, line 23); wherein an elongated member (open-structured shape-retaining material, 39) is provided and configured to retain a nonlinear configuration after being adjusted to the nonlinear configuration to maintain the fluid collection device in the nonlinear configuration (col. 6, lines 24-35); wherein the elongated member (39) is proximate to the elongated tube (35; see Figs. 5a-5b).
Martin (US 4,631,061) discloses a substantially cylindrical fluid collection device (collection vessel, 22; abstract; Figs. 1, 8), comprising: a fluid impermeable backing/layer (“formed of a liquid impermeable material”; col. 3, lines 15-21) at least partially defining an interior volume of the fluid collection device (22) and at least partially forming a first region (region having deep well, 92) and a second region (opposite top region); and an outlet (through flexible tube, 24) in fluid communication with the interior volume (well 92) of the fluid collection device (22; col. 2, line 65 - col. 3, line 37); wherein the fluid impermeable layer (22) defines one or more vacuum relief openings (air vents, 91; Fig. 8; col. 3, lines 34-37).
Tanimoto et al. (US 9,173,799) discloses a urine disposal device (11; abstract; Figs. 1, 5, 9, 11). Lawrence et al. (US 5,678,564) discloses a liquid removal system (abstract; Figs. 1-4).
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J MENSH whose telephone number is (571)270-1594. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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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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/ANDREW J MENSH/ Primary Examiner, Art Unit 3781
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