Ex Parte Mosbacher et al

Board of Patent Appeals and Interferences

Mar 15, 2012

11303222 (B.P.A.I. Mar. 15, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/303,222 12/15/2005 Richard D. Mosbacher 21,737 8745
23556 7590 03/16/2012
KIMBERLY-CLARK WORLDWIDE, INC.
Tara Pohlkotte
2300 Winchester Rd.
NEENAH, WI 54956
EXAMINER
STEPHENS, JACQUELINE F
ART UNIT PAPER NUMBER
3761
MAIL DATE DELIVERY MODE
03/16/2012 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte RICHARD D. MOSBACHER, CHRISTOPHER P. OLSON,
ROBERT SCHLAUPITZ, and ANDREW M. LONG
__________

Appeal 2010-009342
Application 11/303,222
Technology Center 3700
__________

Before ERIC GRIMES, LORA M. GREEN, and ERICA A. FRANKLIN,
Administrative Patent Judges.

GRIMES, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to a
wetness-signaling diaper. The Examiner has rejected the claims as obvious.
We have jurisdiction under 35 U.S.C. § 6(b). We reverse.
STATEMENT OF THE CASE
The Specification discloses that “various types of moisture or wetness
indicators have been suggested for use in absorbent articles” such as diapers
(Spec. 1:14-17). The Specification discloses garments “with easy-to-use
App
App

signa
at lea
Figu
dispo
cond
recep
orien
17:2
read

exter
a fro
defin

cond
cond

seco
conn
eal 2010-0
lication 11
ling devic
st three or
Figure 8
re 8 shows
sed in the
uctive elem
tacle 140
tation 110
0-22).
Claims 1
as follows
1. A gar
a chassis
ior surfac
nt region a
ing a wais
first and
uctive elem
uctive elem
a signali
nd termina
ect to the
09342
/303,222
es” (id. at
ientations
of the Spe
“an embo
left two q
ent 102 i
” (id. at 17
, a second
-27 are on
:
ment com
comprisin
e, the chas
nd a back
t region;
second co
ents loca
ents form
ng device
l, the first
first and se
2:4-5) tha
” (id. at 2:
cification
diment wh
uadrants o
s disposed
:11-13). T
orientatio
appeal. C
prising:
g an oute
sis includi
region, th
nductive e
ted in at le
ing part o
including
and secon
cond cond
2
t are “adap
16-17).
is shown b

ere the fir
f the recep
in the righ
he “signa
n 110' and
laims 1 a
r cover hav
ng a crotch
e front reg
lements co
ast the wa
f a circuit
at least on
d terminal
uctive ele
ted to con
elow:
st conduc
tacle 140
t two qua
ling device
a third or
nd 14 are r
ing an int
region po
ion and th
ntained in
ist region,
; and
e first term
s adapted
ments;
nect to the
tive eleme
and the se
drants of t
110 show
ientation 1
epresentat
erior surfa
sitioned i
e back reg
the chass
the first a
inal and a
to operativ
chassis in
nt 100 is
cond
he
n in a firs
10''” (id. a
ive and
ce and an
n between
ion jointly
is, the
nd second
t least one
ely

t
t

Appeal 2010-009342
Application 11/303,222

3
wherein the signaling device is adapted to connect to the chassis in at
least three orientations, the first and second terminals operatively connect to
the first and second conductive elements in each of the three orientations.

14. A garment comprising:
a chassis comprising an outer cover having an interior surface and an
exterior surface, the chassis including a crotch region positioned in between
a front region and a back region, the front region and the back region jointly
defining a waist region;
first and second conductive elements contained in the chassis, the
conductive elements located in at least the waist region, the first and second
conductive elements forming part of a circuit; and
a signaling device including a first surface and a second surface, the
first surface and the second surface being nonplanar, the first surface
including at least one first terminal, the second surface including at least one
second terminal, the first and second terminals adapted to operatively
connect to the first and second conductive elements;
wherein the signaling device is adapted to connect to the garment in at
least a first orientation and a second orientation, where the first and second
terminals operatively connect to the first and second conductive elements in
the first and second orientations.

The Examiner has rejected all of the claims on appeal under 35 U.S.C.
§ 103(a) as being obvious in view of Fard1 and Kline.2 The Examiner finds
that Fard discloses a diaper that “comprises a wetness signaling device
comprising first and second conductive elements” (Answer 4). The
Examiner finds that although Fard “does not teach the claimed three
orientations” (id. at 5), its signaling device “is capable of achieving multiple
orientations in that Fard teaches a pivoting clip … which implies the device

1 Fard, US 6,097,297, Aug. 1, 2000.
2 Kline et al., US 5,392,032, Feb. 21, 1995.
Appeal 2010-009342
Application 11/303,222

4
can be moved.… Therefore, the device is adapted to be [ ] oriented in 3 or
more orientations” (Answer 6).
The Examiner also finds that
Kline teaches a device for signaling a wet condition in a diaper
where an alarm is mounted in various orientations. For
example, Kline teaches an alarm mounted on an external
surface so that it is readily viewed by a caretaker.… Kline
further teaches an alarm attached within the diaper [ ] which
provides a signal when the diaper is wetted.
(Id. at 5.) That is, the Examiner “relie[s] on Kline for a teaching of multiple
orientations, where Kline teaches external or internal mounting of a
signaling device” (id. at 6). The Examiner concludes that it would have
been obvious to “modify Fard with various orientations of the alarm for the
benefits that Kline teaches” (id. at 5).
Appellants argue that the cited references would not have made
obvious a garment comprising a “signaling device … adapted to connect to
the chassis in at least three orientations,” as required by claim 1, because
different “orientations” require that “the signaling device is located in
generally the same position with respect to the chassis, while allowing for
connection to the chassis in different orientations” (Appeal Br. 4).
Appellants argue that “Fard discloses only one possible orientation for its
device. Similarly, while Kline might hint at two positions for its device, it
does not cure the deficiencies of Fard … with respect to multiple
orientations” (id. at 5).
We agree with Appellants that the Examiner has not shown that the
cited references would have made obvious the garment of claim 1. Fard
discloses a “wetness awareness system” that includes “a mounting device
App
App

trans
Fard
Figu
inclu
trans
and c
col.
pure
assem
Fard
an au
audib
ll. 26
devi
and i
eal 2010-0
lication 11
mitter and
is shown
re 2 shows
des a “sen
mitter 35”
onductor
8, ll. 30-32
ly adhesiv
bly 31 ex
discloses
dible sign
le signal
Kline di
-28). Klin
ce is prefe
ncludes an
09342
/303,222
user carri
below:
a perspec
sor wick a
(id. at col
assembly
). Fard di
e mode of
tends ove
that upon
al or trans
(id. at col.
scloses a w
e disclose
rably posit
audible a
ed receive
tive view
nd conduc
. 8, ll. 16-
31 include
scloses tha
support an
r sensor tr
sensing we
mits a sign
11, ll. 12-
etness sen
s that “[w
ioned in a
larm (id. a
5
r” (Fard, c
of a diaper
tor assem
18). Fard
s a pair of
t a “pivot
d holding
ansmitter 3
tness, sen
al to a rem
25).
sing devic
]hen used
n embedde
t col. 2, ll
ol. 1, ll. 7-
(id. at col
bly 31 …
discloses t
conductor
ing clip ca
, the senso
5” (id. at
sor/transm
ote receiv
e for a dia
… with a
d location
.45-50). K
11). Figu

. 7, ll. 1-6
[and] a sen
hat the “se
s 41 and 4
n be used,
r wick and
col. 8, ll. 2
itter 35 ei
er that em
per (Kline
disposable
within th
line also d
re 2 of
) that
sor/
nsor wick
3” (id. at
but in a
conducto
0-24).
ther emits
its an
, col. 2,
diaper, th
e diaper”
iscloses a

r
e
n
Appeal 2010-009342
Application 11/303,222

6
embodiment in which “the audible alarm is either replaced with or
augmented with a visual alarm … preferably mounted … on the external
surface of the diaper” (id. at col. 2, ll. 61-68).
The Examiner concludes that alarms can be mounted in different
orientations because Kline discloses an alarm that can be mounted either on
the external surface of a diaper or within the diaper. We agree, however,
with Appellants that when the claim language is read in light of the
Specification, it does not support the Examiner’s position that the claims
read on attaching a device at different positions, within or on the surface of a
diaper; rather the claims require that the device be capable of attachment in
different orientations. For example, as shown in the Specification’s Figure
8, the device can be attached in orientations that are rotated 0, 90, and 180
degrees.
The Examiner also argues that Fard’s signaling device can be attached
in multiple orientations because Fard teaches a pivoting clip as an
attachment mechanism (Answer 6). Although Fard discloses that a pivoting
clip may be used to attach the signaling device to the waistband (Fard, col. 8,
ll. 21-25), the Examiner has pointed to no evidence that the pivoting clip can
attach the device to the waistband in three different orientations that allow
the terminals to attach to the conductors. Thus, we reverse the rejection of
independent claim 1, and dependent claims 2-13, as being obvious in view
of Fard and Kline.
Regarding claim 14, Appellants argue that the claim requires a
signaling device that includes nonplanar surfaces that include terminals, and
Appeal 2010-009342
Application 11/303,222

7
the “Examiner does not address this subject matter in any manner in the
Office Action mailed on June 10, 2009” (Appeal Br. 5).
In the Answer, the Examiner responds that the “nonplanar surfaces of
the terminals” are shown in Fard’s Figure 2 (Answer 6). We agree with
Appellants that the Examiner has not adequately shown that the cited
references would have made obvious the garment of claim 14, which
requires that the signaling device have two nonplanar surfaces that each
comprise a terminal. The signaling devices of both Fard and Kline have
both the first and second terminals on the same surface of the device (see
Fard, Fig. 1; Kline, Figs. 7, 12). Thus, the Examiner has not provided
adequate evidence to show that the references would have made obvious the
product of claim 14.
Thus, we reverse the rejection of independent claim 14, and dependent
claims 15-27, as being obvious in view of Fard and Kline.
SUMMARY
We reverse the rejection of claims 1-27 under 35 U.S.C. § 103(a).

REVERSED

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