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
Applicant’s election without traverse of Species 1 in the reply filed on 05/20/2026 is acknowledged.
Claims 14 and 17-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 05/20/2026.
Claim Objections
Claim 6 is objected to because of the following informalities:
“with the hydrophobic base layer being closer to the wearer's skin than the waterproof adhesive layer” in Claim 6 should read “with the hydrophobic base layer being configured to be closer to the wearer's skin than the waterproof adhesive layer” so as to avoid positively claiming a wearer’s skin
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 7-13, and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yip et al. (US 2022/0142827).
Regarding Claim 1, Yip et al. teaches an absorbent garment (10), wherein the absorbent garment comprises: a pants body (12) having an upper edge (see annotated Fig.) for surrounding a wearer's waist during wearing (annotated fig. 1 shows the upper edge surrounding a wearer’s waist during wearing), two leg openings (22) configured to allow the wearer's legs to pass through (fig. 1 shows the leg opening (22) configured to allow the wearer’s legs to pass through), and a crotch region (see annotated Fig.) located between the two leg openings (annotated fig. 1 shows the crotch region between the leg openings (22)); a base layer (11) combined with the pants body at least on both sides of the crotch region (fig. 2 shows the base layer (11) combined with the pants body (12) on both sides of the crotch region), wherein the base layer and the pants body enclose a receiving space (see annotated Fig.) (annotated fig. 3 shows the base layer and pants body enclosing a receiving space), and the base layer is configured to face toward the wearer's crotch during wearing (fig. 3 shows the base layer (11) facing upwards and toward a wearer’s crotch while wearing); the pants body has a first edge (see annotated Fig.) on one side of the crotch region, the base layer has a second edge (see annotated Fig.) corresponding to the first edge (Annotated fig. 3 shows the first and second corresponding edges of the pants body and base layer, respectively), and the first edge and the second edge extend into the receiving space and are sewn together by stitching (40) within the receiving space (annotated fig. 3 shows the first and second edges extending into the receiving space and being stitched together by stitch (40) in the receiving space); and an absorption layer (26) located within the receiving space and combined with the base layer or the pants body (fig. 3 shows the absorption layer (26) located in the receiving space and being combined with the base layer (11)).
Regarding Claim 3, Yip et al. teaches all of the limitations of the absorbent garment of Claim 1, as discussed in the rejections above. Yip et al. further teaches wherein the stitching (40) is concealed within the receiving space (fig. 3 shows the stitching (40) at least partially concealed within the receiving space).
Regarding Claim 4, Yip et al. teaches all of the limitations of the absorbent garment of Claim 1, as discussed in the rejections above. Yip et al. further teaches wherein the base layer (11) comprises a first region (24) and a second region (130), the first region is located at a middle position of the crotch region, the second region is located at side positions of the crotch region (annotated fig. 3 shows the first region in the middle of the crotch region and the second region at the side positions of the crotch region), and a liquid absorption rate per unit area of the first region is greater than that of the second region (paragraph [0038] teaches “the elastic bands 30, 130 are treated with chemicals that make them waterproof or water resistant,” wherein the elastic bands (130) make up the second region and paragraph [0049] teaches “The layer of liner material 24 can be any appropriate material that quickly absorbs liquid and pulls it away from the body,” wherein annotated fig. 3 shows the liner (24) is in the first region, therein the first region clearly has greater liquid absorption rate than the second region).
Regarding Claim 5, Yip et al. teaches all of the limitations of the absorbent garment of Claim 4, as discussed in the rejections above. Yip et al. further teaches wherein the first region is configured to allow penetration therethrough and flow toward the absorption layer (paragraph [0049] teaches “The layer of liner material 24 can be any appropriate material that quickly absorbs liquid and pulls it away from the body,” therein the first region which includes the liner (24) above the absorption layer (26) clearly allows penetration of liquid therethrough to flow toward the absorption layer, and the second region at least partially uses a waterproof material and is configured to prevent lateral diffusion of liquid and prevent penetration of liquid to the absorption layer (paragraph [0038] teaches “the elastic bands 30, 130 are treated with chemicals that make them waterproof or water resistant, as described herein below, this “cuff” can further prevent leaks from the absorbent portion(s) of the absorbent assembly 11,” and as the second region includes the elastic bands (130), a waterproof material is clearly used to prevent lateral diffusion of liquid and prevent penetration of liquid through the second region to the absorption layer).
Regarding Claim 7, Yip et al. teaches all of the limitations of the absorbent garment of Claim 4, as discussed in the rejections above. Yip et al. further teaches wherein the first region (24) is a first portion of the base layer (11), the second region (130) is a second portion of the base layer (11) (fig. 3 shows the first (24) and second (130) regions being first and second portions of the base layer (11), respectively), the first portion has a third edge (see annotated Fig.) , the second portion has a fourth edge (see annotated Fig.) adjacent to the third edge, and the third edge and the fourth edge extend into the receiving space and are combined within the receiving space (annotated fig. 3 shows the third and fourth edges being adjacent and extending into and combined within the receiving space).
Regarding Claim 8, Yip et al. teaches all of the limitations of the absorbent garment of Claim 7, as discussed in the rejections above. Yip et al. further teaches wherein the fourth edge (see annotated Fig.) of the second portion (130) is folded and extends into the receiving space (paragraph [0033] teaches “the left and right elastic bands 130 are folded around respective left and right lateral edges of each of the layer of liner material 24 and the layer of absorbent material 26,” therein the fourth edge is clearly folded and extends into the receiving space as shown in annotated fig. 3).
Regarding Claim 9, Yip et al. teaches all of the limitations of the absorbent garment of Claim 7, as discussed in the rejections above. Yip et al. further teaches wherein the third edge (see annotated Fig.) and the fourth edge are sewn together by stitching (32) or bonded by an adhesive (annotated fig. 3 shows the third and fourth edges being sewn together by stitching (32)).
Regarding Claim 10, Yip et al. teaches all of the limitations of the absorbent garment of Claim 1, as discussed in the rejections above. Yip et al. further teaches wherein the absorbent garment further comprises a pants body waterproof layer (28) disposed on at least a portion of a surface of the pants body facing the receiving space (fig. 28 shows the waterproof layer (28) capable of being disposed on a portion of the surface of the pants body facing the receiving space).
Regarding Claim 11, Yip et al. teaches all of the limitations of the absorbent garment of Claim 1, as discussed in the rejections above. Yip et al. further teaches wherein a width of the absorption layer (26) is smaller than a width of the crotch region, and edges of the absorption layer do not extend to edges of the crotch region (fig. 3 shows the absorption layer (26) being smaller than a width of the crotch region such that edges of the absorption layer don’t extend to the edges of the crotch region).
Regarding Claim 12, Yip et al. teaches all of the limitations of the absorbent garment of Claim 7, as discussed in the rejections above. Yip et al. further teaches wherein the absorption layer (26) and the first portion (24) are jointly combined with the second portion (130) (fig. 3 shows the absorption layer (26), first portion (24) and the second portion (130) being jointly combined), the absorption layer has a fifth edge (see annotated Fig.) , and the third edge, the fourth edge, and the fifth edge extend into the receiving space and are combined within the receiving space (annotated fig. 3 shows the third, fourth, and fifth edges extending into and being combined within the receiving space).
Regarding Claim 13, Yip et al. teaches all of the limitations of the absorbent garment of Claim 12, as discussed in the rejections above. Yip et al. further teaches wherein the third edge, the fourth edge, and the fifth edge are sewn together within the receiving space (annotated fig. 3 shows stitching (32) sewing together the third, fourth, and fifth edges in the receiving space).
Regarding Claim 15, Yip et al. teaches all of the limitations of the absorbent garment of Claim 4, as discussed in the rejections above. Yip et al. further teaches wherein an extension range of the absorption layer (26) does not exceed a coverage range of the first region (24) (fig. 3 shows the absorption layer (16) not exceeding coverage range of the first region (24)).
Regarding Claim 16, Yip et al. teaches all of the limitations of the absorbent garment of Claim 1, as discussed in the rejections above. Yip et al. further teaches wherein the base layer (11) is combined with the pants body (12) at least on left and right sides of the crotch region (fig. 3 shows the base layer (11) being combined with the pants body (12) on the left and right sides of the crotch region).
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Claim Rejections - 35 USC § 103
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yip et al. (US 2022/0142827) in view of Cottenden (US 4898594).
Regarding Claim 2, Yip et al. teaches all of the limitations of the absorbent garment of Claim 1, as discussed in the rejections above.
Yip et al. does not teach wherein the first edge of the pants body is folded and extends into the receiving space.
Attention is drawn to Cottenden which teaches an analogous article of apparel. Cottenden teaches an absorbent garment (see fig. 1), wherein the absorbent garment comprises: a pants body (3) having a crotch region (fig. 1 shows the crotch region of the pants body (3)); a base layer (2) combined with the pants body at least on both sides of the crotch region (fig. 2 shows the base layer (2) being combined with the pants body on both sides of the crotch region), wherein the base layer (2) and the pants body (3) enclose a receiving space (see annotated Fig.), and the base layer is configured to face toward the wearer's crotch during wearing (fig. 1 shows the base layer facing upwards and configured to face a wearer’s crotch during wearing); the pants body has a first edge (see annotated Fig.) on one side of the crotch region, the base layer has a second edge (see annotated Fig.) corresponding to the first edge (annotated fig. 2 shows the first and second corresponding edges of the pants body (3) and base layer (2)), and the first edge and the second edge extend into the receiving space and are sewn together by stitching (6) within the receiving space (fig. 1 shows the first and second edges extending into the receiving space and being stitched by stitch (6) in the receiving space); and an absorption layer (6) located within the receiving space and combined with the base layer or the pants body (fig. 1 shows the absorption layer (6) combined with the base layer in the receiving space). Cottenden further teaches wherein the first edge of the pants body is folded and extends into the receiving space (annotated fig. 1 shows the first edge of the pants body being folded and extending into the receiving space).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yip et al. to include the teachings of Cottenden such that the first edge of the pants body is folded and extends into the receiving space so as to avoid any raw fabric edges being exposed to the wearer, therein increasing the useful life of the garment by reducing wear.
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Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yip et al. (US 2022/0142827) in view of Xu (US 2022/0273060).
Regarding Claim 6, Yip et al. teaches all of the limitations of the absorbent garment of Claim 5, as discussed in the rejections above. Yip et al. further teaches wherein the first region (24) is a one-way moisture-conducting fabric configured to allow liquid to penetrate unidirectionally from the wearer's body to the absorption layer (paragraph [0049] teaches “the layer of liner material 24 is treated on the non-skin side with a chemical that causes the fabric to pull liquid away from its skin-facing surface, and thereafter prevents the liquid from returning to the skin-facing side of the fabric.”), and the second region (130) comprises a hydrophobic base layer (paragraph [0055] teaches “The elastic bands 30, 130, 52 noted herein above can be braided, knitted, or woven elastic bands,” wherein elastic is a hydrophobic material that forms the base layer) and an adhesive layer (36) laminated to the hydrophobic base layer, with the hydrophobic base layer being closer to the wearer's skin than the waterproof adhesive layer (fig. 3 shows the adhesive layer (36) being laminated to the hydrophobic base layer further from the wearer’s skin than the hydrophobic base layer).
Yip does not teach wherein the adhesive is a waterproof adhesive.
Attention is drawn to Xu which teaches an analogous article of apparel. Xu teaches a garment comprising a waterproof adhesive (paragraph [0091] teaches “the waterproof cuff band 34 is fixed to the inner surface 36 of the cuff inner portion 32 by a continuous band of adhesive, and typically waterproof adhesive.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yip to include the teachings of Xu such that the adhesive is a waterproof adhesive
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HALEY A SMITH whose telephone number is (571)272-6597. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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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.
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/HALEY A SMITH/Primary Examiner, Art Unit 3732
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