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 .
Status of the Claims
Claims filed 04/17/2025 has been entered. Claims 2-26 are pending and under consideration.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-7, 15-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of U.S. Patent No. 12257173 (‘173) in view of Dolan et al (US 20040034335 A1).
As to claims 2-9 and 12-26, claims 1-27 of ‘173 teach or suggest the claim as follows (with claim dependencies shown in paratheses, e.g., 3/2/1 as claim 3 incorporating claims 1 and 2).
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Regarding Claims 2, ‘173 teaches the claim except for a protrusion attached to the bottom wall of the body; and
the raised portion at least partially defines a channel defined by at least one raised portion protrusion, the channel exhibits a size and shape that permits the protrusion to move within the channel while the at least one raised portion protrusion inhibits the protrusion from moving out of the channel
wherein the raised portion is coupled to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening
In the same field of endeavor, namely an external urinary catheter, Dolan teaches the urine collection system (figures 3-4), comprising:
a protrusion (annotated figure, protrusion) attached to the bottom wall of the body; and
the raised portion (annotated figure, raised portion) at least partially defines a channel (annotated figure; channel)defined by at least one raised portion protrusion (annotated figure; raised portion protrusion), the channel exhibits a size and shape that permits the protrusion to move within the channel while the at least one raised portion protrusion inhibits the protrusion from moving out of the channel (annotated figure, the circumferential channel sized and shaped to permit the protrusion rotate within the channel while the raised portion protrusion inhibits the protrusion escapes from the channel)
wherein the raised portion is coupled to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening (annotated figure, the base 14’ including circumferential groove configured to be removably coupled to the annular protrusion of housing 10’. Accordingly, the angular configuration contains movement of the protrusion in a direction extending from the first side toward the second side, i.e., through the opening of the base 14’, and permits circumferential movement of the protrusion about the aperture and the opening, i.e, rotation of cylindrical housing 10’ relative to the base 14’)
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Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified ‘173, to incorporate the teachings of Dolan and provides the base portion as claimed, and one of skill in the art motivated to do so, for the purpose of facilitating removal of the body from the stabilization accessory, while maintaining a fluid-tight seal as taught by Dolan ([0013]). Such a modification would allow the body and the stabilization accessory to be manufactures separately, thereby simplifying manufacturing and reducing manufacturing costs.
Regarding claim 21, ‘173 teaches the claim except for a protrusion attached to the bottom wall of the body; and
the raised portion at least partially defines a channel defined by at least one raised portion protrusion, the channel exhibits a size and shape that permits the protrusion to move within the channel while the at least one raised portion protrusion inhibits the protrusion from moving out of the channel
wherein the raised portion is coupled to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening
In the same field of endeavor, namely an external urinary catheter, Dolan teaches the urine collection system (figures 3-4), comprising:
a protrusion (annotated figure, protrusion) attached to the bottom wall of the body; and
the raised portion (annotated figure, raised portion) at least partially defines a channel (annotated figure; channel)defined by at least one raised portion protrusion (annotated figure; raised portion protrusion), the channel exhibits a size and shape that permits the protrusion to move within the channel while the at least one raised portion protrusion inhibits the protrusion from moving out of the channel (annotated figure, the circumferential channel sized and shaped to permit the protrusion rotate within the channel while the raised portion protrusion inhibits the protrusion escapes from the channel)
wherein the raised portion is coupled to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening (annotated figure, the base 14’ including circumferential groove configured to be removably coupled to the annular protrusion of housing 10’. Accordingly, the angular configuration contains movement of the protrusion in a direction extending from the first side toward the second side, i.e., through the opening of the base 14’, and permits circumferential movement of the protrusion about the aperture and the opening, i.e, rotation of cylindrical housing 10’ relative to the base 14’)
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Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified ‘173, to incorporate the teachings of Dolan and provides the base portion as claimed, and one of skill in the art motivated to do so, for the purpose of facilitating removal of the body from the stabilization accessory, while maintaining a fluid-tight seal as taught by Dolan ([0013]). Such a modification would allow the body and the stabilization accessory to be manufactures separately, thereby simplifying manufacturing and reducing manufacturing costs.
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.
Claims 2-4, 8, 9, 12-14 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 6635037 B1) in view of Jha (US 20130245586 A1) and Dolan (US 20040034335 A1).
Regarding claim 2, Bennett substantially teaches applicant’s claimed invention, and specifically discloses a device with every structural limitation of applicant’s claimed invention (except for the limitations shown in italics and grayed-out) including:
A urine collecting system (figure 1 urinary incontinence management device 11), comprising:
a body (figure 1, external condom portion 43) extending from a proximal end (figure 3, proximal end coupled to base support portion 41) proximal end coupled to a distal end (figure 3, opposite distal end comprising coupling portion 43c), the body defining an opening (figures 3-6, opening at the proximal end) that provides access to a reservoir (figures 3-6, interior space defined by the external condom portion 43) defined by the body, the body defining an outlet (col 3l line 29-46, coupling portion 43c comprising an outlet) for egressing urine from the reservoir;
a stabilization accessory (figure 3, 41) rotatably coupled to or near a bottom wall of the body, the stabilization accessory including:
a base portion (figure 3, base support portion 41) having a first side (figure 6, rear surface 45), a second side (figure 6, opposite surface), and an aperture (figure 7, central aperture 47) extending through the first side and the second side, the first side including an adhesive that is configured to couple to a skin of the user;
a protrusion attached to the bottom wall of the body; and
a raised portion (figure 3, central portion 46 raised extending from the first side) attached to or extending from the second side of the base portion;
wherein the raised portion is coupleable to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening.
Bennett does not teach the first side including an adhesive that is configured to couple to a skin of the user.
In the same field of endeavor, namely an immobilization system for fluid transport tubes, Jha teaches an adhesion platform (figures 10-12, 42) comprises the first side including an adhesive that is configured to couple to a skin of the user ([0038]).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett to incorporate the teachings of Jha and provides the stabilization accessory base as claimed for the purpose of improving attachment of the urine collection system to the patient and reducing leakage during normal movement of the patient, as taught by Jhan ([0006 and 0009])
The combination is still silent as to the urine collection system, comprising:
a stabilization accessory rotatably coupled to or near a bottom wall of the body;
a protrusion attached to the bottom wall of the body; and
wherein the raised portion is coupleable to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening.
In the same field of endeavor, namely an external urinary catheter, Dolan teaches the urine collection system (figures 3-4), comprising:
a stabilization accessory (figures 3- 4, base 14’) rotatably coupled to or near a bottom wall of the body (figures 3-4 and annotated figure [0022] base 14’ comprising circumferential groove configured to be coupled to annular protrusion of housing 10’. Accordingly the angular configuration permits the housing 10’ rotates relative to the base 14’);
a protrusion (annotated figure, protrusion) attached to the bottom wall of the body; and
wherein the raised portion is coupleable to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening (annotated figure, the base 14’ including circumferential groove configured to be removably coupled to the annular protrusion of housing 10’. Accordingly, the angular configuration contains movement of the protrusion in a direction extending from the first side toward the second side, i.e., through the opening of the base 14’, and permits circumferential movement of the protrusion about the aperture and the opening, i.e, rotation of cylindrical housing 10’ relative to the base 14’ ).
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Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett, as modified by Jha, to incorporate the teachings of Dolan and provides the base portion as claimed, and one of skill in the art motivated to do so, for the purpose of facilitating removal of the body from the stabilization accessory, while maintaining a fluid-tight seal as taught by Dolan ([0013]). Such a modification would allow the body and the stabilization accessory to be manufactures separately, thereby simplifying manufacturing and reducing manufacturing costs.
Regarding claim 3, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2.
The combination further teaches wherein the body is generally cylindrical (Bennett; figure 1, condom portion 43 being cylindrical).
Regarding claim 4, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2.
The combination further teaches wherein the proximal end of the body is an open proximal end (Bennett; figure 3, opening at proximal end 3)
Regarding claim 8, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2.
The combination further teaches wherein the raised portion at least partially defines a channel defined by at least one raised portion protrusion (Dolan; annotated figure; Channel)
Regarding claim 10, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2.
The combination further teaches, wherein the channel is configured to be, during use, defined by the at least one raised portion protrusion on one side and the skin of the user on the other side (Dolan; annotated figure, the channel formed between the raised portion protrusion and skin underneath the base 14’)
Regarding claim 11, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2.
The combination further teaches wherein the channel exhibits a size and shape that permits the protrusion to move within the channel while the at least one raised portion protrusion inhibits the protrusion from moving out of the channel (Dolan; annotated figure, the annular channel having a size and shape that accommodating the annular protrusion of housing 10, thereby allowing rotation of the protrusion within the raised portion protrusion and inhibits the protrusion being removed from the channel through the raised portion).
Regarding claim 12, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 8.
The combination further teaches wherein the channel is curved and the protrusion has a curved shape, and wherein the radius of curvature of the protrusion generally corresponds to a radius of curvature of the channel (Dolan; figures 3-4 and annotated figure, the circumferential channel corresponds to a radius of circumferential protrusion)
Regarding claim 13, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2
The combination further teaches wherein the raised portion extends completely around the aperture (Dolan; figures 3 and 4)
Regarding claim 14, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2
The combination further teaches wherein the raised portion extends completely around the aperture (Dolan; annotated figure).
Regarding claim 19, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2
The combination further teaches wherein at least a portion of the stabilization accessory is flexible (Bennett; col 5 lines 1-10, the base support portion is formed of a flexible material)
Regarding claim 20, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2
The combination further teaches further comprising a sump attached to the body (Bennett; figure 1, bulbous portion 43b)
Regarding claim 21, Bennett teaches a urine collecting system (figure 1, urinary incontinence management device 11), comprising:
a body (figure 1, external condom portion 43) extending from a proximal end (figures 3, proximal end coupled to base support portion 41) to a distal end (figures 3, opposite distal end comprising coupling portion 43c), the body defining an opening (figures 3, opening at the proximal end) that provides access to a reservoir (figures 3, interior space defined by the condom portion 43) defined by the body, the body defining an outlet (col 3 line 29-46, coupling portion 43c comprising an outlet) for egressing urine from the reservoir;
a stabilization accessory (figure 3, 41) rotatably coupled to or near a bottom wall of the body, the stabilization accessory including:
a base portion (figure 3, base support portion 41) having a first side (figure 3, rear surface 45), a second side (figure 3, opposite surface), and an aperture (figure 3, central aperture 47) extending through the first side and the second side, the first side including an adhesive that is configured to couple to a skin of the user;
a protrusion attached to the bottom wall of the body; and
a raised portion (figure 3, central portion 46 extending from the second side) attached to or extending from the second side of the base portion, the raised portion (figure 3, the central portion 46 completely around the central aperture 47) extends completely around the aperture, the raised portion at least partially defines a channel defined by at least one raised portion protrusion, the channel exhibits a size and shape that permits the protrusion to move within the channel while the at least one raised portion protrusion inhibits the protrusion from moving out of the channel
wherein the raised portion is coupled to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening
Bennett does not teach the first side including an adhesive that is configured to couple to a skin of the user.
In the same field of endeavor, namely an immobilization system for fluid transport tubes, Jha teaches an adhesion platform (figures 10-12, 42) comprises the first side including an adhesive that is configured to couple to a skin of the user ([0038]).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett to incorporate the teachings of Jha and provides the stabilization accessory base as claimed for the purpose of improving attachment of the urine collection system to the patient and reducing leakage during normal movement of the patient, as taught by Jhan ([0006 and 0009])
The combination is still silent as to the stabilization accessory rotatably coupled to or near a bottom wall of the body;
a protrusion attached to the bottom wall of the body; and
the raised portion at least partially defines a channel defined by at least one raised portion protrusion, the channel exhibits a size and shape that permits the protrusion to move within the channel while the at least one raised portion protrusion inhibits the protrusion from moving out of the channel
wherein the raised portion is coupled to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening
In the same field of endeavor, namely an external urinary catheter, Dolan teaches the urine collection system (figures 3-4), comprising:
the stabilization accessory (figures 3-4, base 14’) rotatably coupled to or near a bottom wall of the body (figures 3-4 and annotated figure [0022] base 14’ comprising circumferential groove configured to be coupled to annular protrusion of housing 10;. Accordingly the annular configuration permits the housing 10’ rotates relative to the base 14’);
a protrusion (annotated figure, protrusion) attached to the bottom wall of the body; and
the raised portion (annotated figure, raised portion) at least partially defines a channel (annotated figure; channel)defined by at least one raised portion protrusion (annotated figure; raised portion protrusion), the channel exhibits a size and shape that permits the protrusion to move within the channel while the at least one raised portion protrusion inhibits the protrusion from moving out of the channel (annotated figure, the circumferential channel sized and shaped to permit the protrusion rotate within the channel while the raised portion protrusion inhibits the protrusion escapes from the channel)
wherein the raised portion is coupled to the protrusion such that the raised portion constrains movement of the protrusion in a direction extending from the first side towards the second side and permits circumferential movement of the protrusion about the aperture and the opening (annotated figure, the base 14’ including circumferential groove configured to be removably coupled to the annular protrusion of housing 10’. Accordingly, the angular configuration contains movement of the protrusion in a direction extending from the first side toward the second side, i.e., through the opening of the base 14’, and permits circumferential movement of the protrusion about the aperture and the opening, i.e, rotation of cylindrical housing 10’ relative to the base 14’)
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Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett, as modified by Jha, to incorporate the teachings of Dolan and provides the base portion as claimed, and one of skill in the art motivated to do so, for the purpose of facilitating removal of the body from the stabilization accessory, while maintaining a fluid-tight seal as taught by Dolan ([0013]). Such a modification would allow the body and the stabilization accessory to be manufactures separately, thereby simplifying manufacturing and reducing manufacturing costs.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 6635037 B1) in view of Jha (US 20130245586 A1) and Dolan (US 20040034335 A1), and in further view of Lim (US 3788324 A)
Regarding claim 5, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2.
The combination further teaches wherein the body includes a sheath (Bennett; figure 3, body of condom portion 43), the sheath including a fluid impermeable barrier (Bennett; col 3 lines 29-45, the body of condom portion 43 is formed of fluid impermeable material, i.e., latex, rubber, or plastic)
The combination does not teach the sheath including at least one porous material.
In the same field of endeavor, namely an external catheter device, Lim teaches a body includes a sheath including a fluid impermeable barrier and at least one porous material (figure 1, col 2 lines 15-26 and col 3 line 50-65, tubular sheath 10 formed of rubber prevent leakage of fluid, and the sheath comprising urethane foam 24 disposed along the entire length of the body )
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett, as modified by Jha and Dolan, to incorporate the teachings of Lim and provides the body as claimed for the purpose of facilitating attachment of the body to the male member while additionally effecting a modicum of cushioning so as to increase comfort during use as taught by Lim (col 3 line 50-65).
Regarding claim 7, Bennett, as modified by Jha, Dolan and Lim, teaches the urine collecting system of claim 5.
The combination further teaches wherein the at least one porous material extends from the opening to the distal end (Lim; figure 1 and col 3 line 50-65, the foam extend along the length of tubular sheath 10)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 6635037 B1) in view of Jha (US 20130245586 A1), Dolan (US 20040034335 A1) and Lim (US 3788324 A), and in further view of Bester et al (US 8353886 B2).
Regarding claim 6, Bennett, as modified by Jha, Dolan and Lim, teaches the urine collecting system of claim 5.
The combination does not teach wherein the at least one porous material includes spun plastic.
In the same field of endeavor, namely a male hygienic article and dispenser, Bester teaches wherein the at least one porous material includes spun plastic (col 4 lines 1-33, Spunbond fibers may be formed by extruding molten thermoplastic material).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett, as modified by Jha, Dolan and Lim, and provides the porous material as claimed for the purpose of providing desired absorbent capacity to retain residual fluid as taught by Bester (col 1 lines 5-10).
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 6635037 B1) in view of Jha (US 20130245586 A1) and Dolan (US 20040034335 A1), and in further view of Carter et al (US 20120316522 A1)
Regarding claim 15, Bennett, as modified by Jha and Dolan, teaches the urine collection system of claim 2
The combination further teaches wherein the base portion forms a primary attachment portion (Bennett; annotated figure, primary attachment portion) and a secondary attachment portion (Bennett; annotated figure, secondary attachment portion), the primary attachment portion and the secondary attachment portion configured to attach the stabilization accessory to a region about the user's penis (Bennet; figure 2, the base support portion 141 is configured to attach to the region about user’s penis).
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The combination does not teach the aperture is located off center on the base portion.
In the same field of endeavor, namely an external catheter, Carter teaches attaching a base portion (annotated figure 3, Base portion) of a stabilization accessory (figure 3, groin piece [0034]) to a region about the user’s penis ([0034] “a groin piece that is anatomically shaped to a user's pelvis and is sized so that a bottom of the groin piece rests above the user's testicles”), and the aperture is located off center on the base portion (figures 1-4, the opening off the center of the groin piece).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett, as modified by Jha and Dolan, to incorporate the teachings of Carter and provide the stabilization accessory as claimed for the purpose of forming the accessory piece anatomically conform with its user while securing urine collecting assembly as taught by Carter ([0034])
Regarding claim 16, Bennett, as modified by Jha, Dolan and Carter, teaches the urine collecting system of claim 15.
The combination further teaches wherein the base portion exhibits a maximum length (Bennett; annotated figure, length along the axis 8) and a maximum width (Bennett; annotated figure 8, maximum width), the maximum width measured perpendicular to a longitudinal axis of the body, wherein the primary attachment portion includes the maximum width and at least a portion of the primary attachment portion including the maximum width is spaced from the aperture (Bennett; annotated figure, the maximum width spaced apart from the opening).
The combination does not teach the maximum length is greater than the maximum width.
In the same field of endeavor, namely an external catheter, Carter teaches the maximum length is measured perpendicular to and is greater than the maximum width (figure 4 and [0035], the groin piece has a length from a top to bottom between 3-4 inches and the maximum width along the opening is between 1.2-1.3 inches).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett, as modified by Jha, Dolan and Carter, to incorporate the teachings of Carter and provides the base portion as claimed for the purpose of forming the accessory piece anatomically conform with its user while securing urine collecting assembly as taught by Carter ([0034]). In particular, providing the base portion with a relatively greater length than width would provide an adequate surface area for adhesion to the user’s skin while reducing interference between the device and the user’s groin area.
Regarding claim 17, Bennett, as modified by Jha, Dolan and Carter, teaches the urine collecting system of claim 15.
The combination further teaches wherein a minimum width (Bennett; annotated figure, the minimum width) of the stabilization accessory is on an opposite side of the aperture from the at least a portion of the primary attachment portion including the maximum width.
Regarding claim 18, Bennett, as modified by Jha, Dolan and Carter, teaches the urine collecting system of claim 15.
The combination further teaches wherein the primary attachment portion exhibits a surface area that is larger than a surface area of the secondary attachment portion (Bennett; the surface area of the primary attachment portion above has relatively greater width than the secondary attachment portion, accordingly the primary attachment portion has a relatively greater surface area).
Claims 22-26 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett (US 6635037 B1) in view of Carter et al (US 20120316522 A1)
Regarding claim 22, Bennet teaches a urine collecting assembly, comprising:
a body (figure 1, external condom portion 43) defining a proximal end (figures 3-6, proximal end of the condom, which is coupled to base support portion 41) and a distal end (figures 3-6, opposite distal end comprising coupling portion 43c), the body including a sheath (Bennett; figure 3, body of condom portion 43), the sheath including a fluid impermeable layer (col 3 lines 29-45, the body of condom portion 43 is formed of fluid impermeable material, i.e., latex, rubber, or plastic) defining an aperture (figure 6, opening at proximal end);
a fluid reservoir (figures 3-6, interior space defined within the condom portion 43) within the interior region of the body and defined by at least a portion of the fluid impermeable layer;
a fluid outlet (col 3 line 29-46, coupling portion 43c comprising an outlet) in fluid communication with the reservoir; and
a stabilization accessory (figure 1 and 6 col 5 line 43- col 6 line 5, base support portion 41 comprising catheter retaining mean 151 attachable to the condom portion 43) attached or attachable to the body, the stabilization accessory including a base portion (figure 6, base support portion 41) defining an opening (figure 7, central aperture 147) extending through the base portion, the stabilization accessory including a primary attachment portion (annotated figure, primary attachment portion) and a secondary attachment portion (annotated figure, secondary attachment portion) configured to attach the stabilization accessory to a region about the user's penis (figure 1), the base portion exhibiting a maximum length and a maximum width (annotated figure, maximum length along axis 8 and maximum width), the maximum width measured perpendicular to a longitudinal axis of the body (figure 1 and annotated figure, the body is extend perpendicular to the maximum width and length), the maximum length is measured perpendicular to and is greater than the maximum width, and wherein the primary attachment portion includes the maximum width and at least a portion of the primary attachment portion including the maximum width is spaced from the opening, wherein a minimum width of the stabilization accessory is on an opposite side of the opening from the at least a portion of the primary attachment portion including the maximum width (annotated figure, the primary attachment portion including the maximum width and the secondary attachment portion including the minimum width, and the portions are spaced from the opening).
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The combination does not teach the maximum length is measured perpendicular to and is greater than the maximum width
In the same field of endeavor, namely an external catheter, Carter teaches the maximum length is measured perpendicular to and is greater than the maximum width (figure 4 and [0035], the groin piece has a length from a top to bottom between 3-4 inches and the maximum width across the opening is between 1.2-1.3 inches).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett to incorporate the teachings of Carter and provide the stabilization accessory as claimed for the purpose of forming the accessory piece anatomically conform with its user while securing urine collecting assembly as taught by Carter ([0034]). In particular, providing the base portion with a relatively greater length than width would provide an adequate surface area for adhesion to the user’s skin while reducing interference between the device and the user’s groin area.
Regarding claim 23, Bennett, as modified by Carter, teaches the urine collecting assembly of claim 22.
The combination further teaches comprising a sump (Bennett; figure 1, bulbous portion 43b) attached to at least the fluid impermeable layer of the sheath.
Regarding claim 24, Bennett, as modified by Carter, teaches the urine collecting assembly of claim 22.
The combination does not teach wherein the opening of the stabilization accessory is located off center on the base portion.
In the same field of endeavor, namely an external catheter, Carter teaches attaching a base portion (annotated figure 3, Base portion) of a stabilization accessory (figure 3, groin piece [0034]) to a region about the user’s penis ([0034] “a groin piece that is anatomically shaped to a user's pelvis and is sized so that a bottom of the groin piece rests above the user's testicles”), and the aperture is located off center on the base portion (figures 1-4, the opening off the center of the groin piece).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bennett, as modified by Carter, to incorporate the teachings of Carter and provide the stabilization accessory as claimed for the purpose of forming the accessory piece anatomically conform with its user while securing urine collecting assembly as taught by Carter ([0034])
Regarding claim 25, Bennett, as modified by Carter, teaches the urine collecting assembly of claim 22.
The combination further teaches wherein the primary attachment portion exhibits a surface area that is larger than the surface area of the secondary attachment portion (Bennett; the surface area of the primary attachment portion above has relatively greater width than the secondary attachment portion, accordingly the primary attachment portion has a relatively greater surface area)
Regarding claim 26, Bennett, as modified by Carter, teaches the urine collecting assembly of claim 22.
The combination further teaches wherein a stabilization accessory rotatably coupled to or near a bottom wall of the body (Bennett; figures 1 and 6 and col 5 line 43 – col 6 line 5, base support portion 41 comprising catheter retaining means 151 in a form of annular groove configured to be coupled to annular rib portion 143d formed in a bottom wall of the condom portion 43. Accordingly, the angular configuration permits the annular rib rotates relative to the annular groove).
Allowable Subject Matter
Claim 9 is 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.
The following is an examiner’s statement of reasons for allowance: No prior art, alone or in combination, could be found to teach (claim 9) wherein the at least one raised portion protrusions includes a plurality of raised portion protrusions.
Bennett and Dolan teaches the stabilization accessory including the at least one raised portion protrusions (Dolan; annotated figure; raised portion protrusions), but fails to teach wherein the at least one raised portion protrusions includes a plurality of raised portion protrusions, as Dolan teaches the raised portion protrusions is annular protrusions that surround the raised portion.
Jesen (US 4673401 A) teaches a plurality of raised portion protrusions (figure 6, 37 and 18) formed on the raised portion (figure 6, 38). However, It would have not been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the cited prior art above to yield the limitation above, as Jense teaches the plurality of raised portion protrusions to accommodate inner and outer spaced walls (figure 6 and 8) of the body, and therefore the modification would substantially increase complexity of the system in the prior art in terms of structure, function, and design without an improvement.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sekiyama et al (US 20120165768 A1)
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/SETH HAN/Examiner, Art Unit 3781
