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 Objections
Claims 1-9 are objected to because of the following informalities:
Regarding claim 1, the limitation “the vertex” should be changed to “the at least one vertex” in order to correct the antecedence. The limitation “surface: and” should be changed to “surface; and” in order to correct a minor typographical informality. Claims 2-6, and 9 are objected to by virtue of their dependency.
Regarding claim 7, the limitation “essentially” should be removed in order to remove narrative claim language. The limitation “the vertex” should be changed to “the at least one vertex” in order to correct the antecedence.
Regarding claim 8, the limitation “the vertex” should be changed to “the at least one vertex” in order to correct the antecedence. The limitations “the units of the array” and “the discrete units” should be changed to “the discrete units of the array of discrete units” and “the discrete units of the array of discrete units” in order to correct the antecedence.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2, the phrase "may be" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. The Examiner has interpreted the limitation as “an absorbent layer that is either the same as or different from the first absorbent later”.
Regarding claim 8, the phrase "may be" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. The Examiner has interpreted the limitation as “wherein the units of the array are either the same or different”.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art is Stewart (U.S. 2018/0344429).
Regarding claim 1:
Stewart discloses an absorbent medical article comprising:
a first absorbent layer ([0060], absorbent fabric) with a first major surface (Fig. 5, 52 has two surfaces) and a second major surface (Fig. 5, 52 has two surfaces);
a second layer (Fig. 5, 52 is folded) with a first major surface (Fig. 5, 52 has two surfaces) and a second major surface (Fig. 5, 52 has two surfaces); and
a radio opaque element (Fig. 5, 12) located between the second major surface of the first absorbent layer and the first major surface of the second layer (Fig. 5, 12 is located between two surfaces of 52), wherein the radio opaque element comprises at least one segment that is non-linear ([0055], and [0057], groupings are non-linear) and having at least one vertex (Fig. 1A, 12).
However, Stewart fails to disclose wherein the vertex defines an angle of at least 15° and less than 165°.
Since the prior art of record fails to teach the details above, nor is there any reason to modify or combine prior art elements absent of applicant’s disclosure, the claim is deemed patentable over the prior art of record, if rewritten to overcome the objections above. Claims 2-9 are allowable by virtue of their dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOORENA KEFAYATI whose telephone number is (469)295-9078. The examiner can normally be reached M to F, 7:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at 571-272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.K./Examiner, Art Unit 2884
/DAVID J MAKIYA/Supervisory Patent Examiner, Art Unit 2884
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