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 .
Election/Restrictions
Claim 9-11, 17, and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/27/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wicking structure” of claims 1, 12, and 18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-8, 12-16 and 18 are objected to because of the following informalities:
Claims 1 and 18 recite “said holder secures” the menstrual pad or disposable pad, respectively. This is interpreted as positively claiming the structure of the menstrual pad. It is suggested the claim is rephrased to recite “said holder is configured to secure” since the limitation “for holding” a menstrual/disposable pad is not positively claiming the menstrual/disposable pad as a structural component of the underwear garment. Correction of clarification is required.
Claims 1 and 12 recites “said holder cover a crotch region of the wearer and is in bodily contact.” It is suggested the claim is rephrased to recite “said holder is configured to cover a crotch region of the wearer and is configured to be in bodily contact” so the functional relationship between the elements is more clearly established.
Claims depending from claims objected to under this section are similarly objected to for their dependence on a claim rejected to under this section.
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 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 2,977,957 A to Clyne in view of US 4,880,424 A to Rautenberg, US 2004/0193136 A1 to Miller, and US 2020/0390161 A1 to Liou.
For claim 1, Clyne discloses an underwear garment (fig. 1) comprising:
a holder (fig. 2) sewn to an inside of said underwear garment for holding a menstrual pad, wherein said holder secures the menstrual pad for prohibition of shifting and wrinkling of the menstrual pad (seams attaching pockets to front and back sections, see figs. 2-3 and col. 2, lines 34-41);
a moisture barrier layer (col. 2, lines 35-36);
a right leg opening and a left leg opening for receiving a pair of legs of a wearer (openings on lower lateral sides of garment); and
a waistband for securing around a waist of the wearer (10), wherein said holder covers a crotch region of the wearer and is in bodily contact with said crotch region, and further wherein said crotch region includes at least a perineum area (col. 2, lines 41-57).
Clyne does not specifically disclose the underwear garment comprises a breathable fabric; a wicking structure; or an odor control layer.
However, attention is directed to Rautenberg teaching an analogous garment (abstract of Rautenberg) wherein the fabric of the holder is a liquid-proof, breathable elastic layer for providing waterproofness, air permeability, and stretch qualities (claim 1 of Rautenberg). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Clyne would be modified wherein the underwear comprises a liquid-proof, breathable elastic layer for providing a waterproofness, air permeability, and stretch qualities, as taught by Rautenberg (claim 1 of Rautenberg).
As modified, Clyne does not specifically disclose wherein the underwear garment comprises wicking structure or an odor control layer.
However, attention is directed to Miller teaching an analogous moisture management liner (abstract of Miller). Specifically, Miller teaches the panty liner comprises ribbed structures and channels on the part of the liner facing away from the wearer for purpose of wicking moisture downwardly away from the wearer thus providing improved moisture control and management (paras 0034-0035 of Miller). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Clyne would be further modified to comprise wicking structures in the form of ribbed structures and channels on the part of the holder facing away from the wearer for purpose of wicking moisture downwardly away from the wearer thus providing improved moisture control and management, as taught by Miller (paras 0034-0035 of Miller).
As modified, Clyne does not specifically disclose wherein the underwear garment comprises an odor control layer.
However, attention is directed to Liou teaching an analogous undergarment having leak proof features and moisture absorption (abstract of Liou). Specifically, Liou teaches the garment comprises a bamboo charcoal fiber layer for purposes of providing deodorizing capabilities, moisture absorption, and ventilation for the wearer (paras 0017-0019 of Liou). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Clyne would be further modified wherein to include a bamboo charcoal fiber layer for purposes of providing deodorizing capabilities, moisture absorption, and ventilation for the wearer, as taught by Liou (paras 0017-0019 of Liou).
For claim 2, the modified Clyne teaches the underwear garment of claim 1, wherein the odor control layer is comprised of an activated carbon fabric, a bamboo charcoal-infused textile, or a zeolite-treated fiber (see discussion for claim 1 above and teachings of Liou).
For claim 3, the modified Clyne teaches the underwear garment of claim 2, wherein said holder comprises a front portion symmetrical to a rear portion, and further wherein said front portion and said rear portion are centered in said crotch region (see fig. 2)
For claim 4, the modified Clyne teaches the underwear garment of claim 1, wherein said holder comprises a first longitudinal elastic seam and a second opposing longitudinal elastic seam for securing the menstrual pad therebetween (elastic edging 34 configured in a longitudinal direction, see fig. 2).
For claim 5, the modified Clyne teaches the underwear garment of claim 4, wherein said holder comprises a rear elastic seam for positioning the menstrual pad (col. 3, lines 35-41).
For claim 6, the modified Clyne teaches the underwear garment of claim 5, but does not specifically disclose wherein said underwear garment and said holder comprise a material selected from the group consisting of a wood pulp, a plurality of cross-linked cellulosic fibers, and a plurality of synthetic fibers.
However, in a different embodiments, Clyne does teach the different sections of the garment can be made from nylon tricot fabric, considered a synthetic fiber, and that the front, rear, and crotch backing can also be made of tricot fabric (col. 5, lines 21-34 of Clyne). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the above embodiment of Clyne would be further modified wherein said underwear garment and said holder comprise nylon tricot fabric, a synthetic fibers, for offering stretch properties to the panels of the garment, as taught by Clyne (col. 5, lines 21-34 of Clyne).
For claim 8, the modified Clyne teaches the underwear garment of claim 5, wherein said holder comprises a tapered shape tapering from opposing ends of said holder toward a center area of said holder (see fig. 2).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Clyne in view of Rautenberg, Miller, Liou, as applied to claim 6 above, and further in view of US 10,441,479 B2 to Griffiths.
For claim 7, the modified Clyne teaches the underwear garment of claim 6, but does not specifically disclose wherein said underwear garment comprises a first layer thickness and said holder comprises a second layer thickness, and further wherein said second layer thickness is less than said first layer thickness.
However, attention is directed to Griffiths teaching an analogous absorbent under garment (abstract of Griffiths). Specifically, Griffiths teaches a holder in the form of elastic bonding films 26a and 26b are thin relative to the garment for purposes of ensuring the holder is in a generally flush configuration with the top of the absorbent pad for creating a smooth and comfortable wearing experience for the wearer (col. 7, lines 25-53 of Griffiths). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the pocket forming section (24) of Clyne would be modified to comprise a thinner layer of material relative to the other underwear garment sections for purposes of ensuring the pocket forming section are in a generally flush configuration with the top of the absorbent pad for creating a smooth and comfortable wearing experience for the wearer, as taught by Griffiths (col. 7, lines 25-53 of Griffiths).
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Clyne in view of Liou and US 2020/0222256 A1 to Chong.
For claim 12, Clyne discloses an underwear garment (fig. 1) comprising:
a moisture barrier (col. 2, lines 35-36);
a disposable pad comprised of an absorbent material for absorbing a fluid discharge from a wearer (30);
a holder (fig. 2) sewn to the inside of said underwear garment for holding the disposable pad, wherein said holder secures said disposable pad for prohibition of shifting and wrinkling of said disposable pad when worn by the wearer (seams attaching pockets to front and back sections, see figs. 2-3 and col. 2, lines 34-41);
a right leg opening and a left leg opening for receiving a pair of legs of the wearer (openings on lateral sides of garment); and
a waistband for securing the underwear garment around a waist of the wearer (10), wherein said holder covers a crotch region of the wearer and is in bodily contact with said crotch region (col. 2, lines 41-57).
Clyne does not specially disclose an odor control layer and an antimicrobial coating.
However, attention is directed to Liou teaching an analogous undergarment having leak proof features and moisture absorption (abstract of Liou). Specifically, Liou teaches the garment comprises a bamboo charcoal fiber layer for purposes of providing deodorizing capabilities, moisture absorption, and ventilation for the wearer (paras 0017-0019 of Liou). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Clyne would be further modified wherein to include a bamboo charcoal fiber layer for purposes of providing deodorizing capabilities, moisture absorption, and ventilation for the wearer, as taught by Liou (paras 0017-0019 of Liou).
Clyne does not specifically disclose an antimicrobial coating.
However, attention is directed to Chong teaching a protective insert used in garments for preventing fluid passage through the garment (abstract of Chong). Specifically, Chong teaches the fabrics may be further impregnated or coated with antimicrobial treatments that are silver ion-based to further enhance the antimicrobial and/or odor eliminating capabilities of the fabric (para 0057 of Chong). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Clyne would be further modified to comprise an antimicrobial coating that is silver-ion based to further enhance the antimicrobial and/or odor eliminating capabilities of the fabric, as taught by Chong (para 0057 of Chong).
For claim 13, the modified Clyne teaches the underwear garment of claim 12, wherein the antimicrobial coating is comprised of a silver ion infusion, a copper oxide impregnation, or an antibacterial polymer coating (silver ion coating, see discussion for claim 12 above and teachings of Chong).
For claim 14, the modified Clyne teaches the underwear garment of claim 13, wherein said holder comprises a front portion symmetrical to a rear portion, and further wherein said front portion and said rear portion are centered in said crotch region (see fig. 2).
For claim 15, the modified Clyne teaches the underwear garment of claim 14, wherein said holder comprises a first longitudinal elastic seam and a second opposing longitudinal elastic seam for securing said disposable pad therebetween (elastic edging 34 configured in a longitudinal direction, see fig. 2).
For claim 16, the modified Clyne teaches the underwear garment of claim 15, wherein said holder comprises a rear elastic seam for positioning said disposable pad (col. 3, lines 35-41).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Clyne in view of Liou, Chong, and Miller.
For claim 18, Clyne discloses an underwear garment comprising:
a holder (fig. 2) sewn to an inside of said underwear garment for holding a disposable pad, wherein said holder secures said disposable pad for prohibition of shifting and wrinkling of said disposable pad when worn by a wearer (seams attaching pockets to front and back sections, see figs. 2-3 and col. 2, lines 34-41);
a right leg opening (openings on lateral sides of garment);
a left leg opening (openings on lateral sides of garment);
a moisture barrier (col. 2, lines 35-36);
a waistband for securing the underwear garment around a waist of the wearer (10);
wherein said holder covers a crotch region of the wearer and is in bodily contact with said crotch region (col. 2, lines 41-57); wherein said disposable pad comprises an absorbent material for absorbing fluid discharge from the wearer (col. 2, lines 32-34); and
further wherein said holder includes a first longitudinal elastic seam, a second opposing longitudinal elastic seam (elastic edging 34 configured in a longitudinal direction, see fig. 2), and a rear elastic seam for securing said disposable pad therebetween (col. 3, lines 35-41).
Clyne does not specifically disclose the underwear garment comprises an odor control layer; an antimicrobial coating; and a wicking structure.
However, attention is directed to Liou teaching an analogous undergarment having leak proof features and moisture absorption (abstract of Liou). Specifically, Liou teaches the garment comprises a bamboo charcoal fiber layer for purposes of providing deodorizing capabilities, moisture absorption, and ventilation for the wearer (paras 0017-0019 of Liou). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Clyne would be further modified wherein to include a bamboo charcoal fiber layer for purposes of providing deodorizing capabilities, moisture absorption, and ventilation for the wearer, as taught by Liou (paras 0017-0019 of Liou).
As modified, Clyne does not specifically disclose the underwear garment comprises an antimicrobial coating; and a wicking structure.
However, attention is directed to Chong teaching a protective insert used in garments for preventing fluid passage through the garment (abstract of Chong). Specifically, Chong teaches the fabrics may be further impregnated or coated with antimicrobial treatments that are silver ion-based to further enhance the antimicrobial and/or odor eliminating capabilities of the fabric (para 0057 of Chong). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Clyne would be further modified to comprise an antimicrobial coating that is silver-ion based to further enhance the antimicrobial and/or odor eliminating capabilities of the fabric, as taught by Chong (para 0057 of Chong).
As modified, Clyne does not specifically disclose a wicking structure.
However, attention is directed to Miller teaching an analogous moisture management liner (abstract of Miller). Specifically, Miller teaches the panty liner comprises ribbed structures and channels on the part of the liner facing away from the wearer for purpose of wicking moisture downwardly away from the wearer thus providing improved moisture control and management (paras 0034-0035 of Miller). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Clyne would be further modified to comprise wicking structures in the form of ribbed structures and channels on the part of the holder facing away from the wearer for purpose of wicking moisture downwardly away from the wearer thus providing improved moisture control and management, as taught by Miller (paras 0034-0035 of Miller).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK I LOPEZ whose telephone number is (571)272-3262. The examiner can normally be reached Monday - Friday: 9:00am - 5:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at (571) 272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERICK I LOPEZ/Examiner, Art Unit 3732
