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 .
Detailed Action
The amendment filed on 02/10/2026 has been entered.
Claim Rejection - 35 U.S.C. 103
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
2. Claims 1, 3-5, 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ackerman (U.S. Patent No. 2,614,321) in view of Simms et al. (U.S. Patent No. 5,604,983, hereinafter “Simms”).
Regarding claim 1, Ackerman discloses a personal care product (see Fig.7) comprising:
a treatment unit (2,4,5) comprising a treatment sheet (2) having a plurality of first apertures (note Fig.2 and column 1, line 30) and a support structure (4,5) joined to said treatment sheet (2),
wherein said support structure (4,5) comprises a support ring (4,5, see Fig.7) comprised of a flexible material (e.g., “rubber”, see column 2, lines 41 and 43-44) that provides elasticity substantially as claimed.
The mere difference between Ackerman and the claimed invention resides in that Ackerman’s support structure (4,5) is formed of one single support ring (4,5) for supporting both an upper surface and a lower surface of the treatment sheet (2) rather than two separate support rings with one support ring below the treatment sheet (2) and the other support ring above the treatment sheet (2) for supporting the treatment sheet (2).
Simms shows a personal care product comprising a treatment sheet (16) with a plurality of apertures (40, see Fig.6), and having a support structure (14,17) joined to the treatment sheet (16), wherein the support structure (14,17) comprises a support ring (14) below the treatment sheet (16) and a second support ring (17) above the treatment sheet (16).
Thus, it would have been obvious to one skilled in the art to modify Ackerman by making the support structure (4,5) into two separate support rings one below the treatment sheet (2) and the other above the treatment sheet (2) for the predictable result of supporting the treatment sheet (2) as taught by Simms.
Moreover, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177.
Regarding claim 3, Ackerman's support structure (4,5) is compliant along at least a portion of said lower surface of said treatment sheet (2, see Fig.7).
Regarding claim 4, each of Ackerman's plurality of first apertures of said treatment sheet (2) comprises cutting edges (see Fig.2 and column 1, line 30).
Regarding claim 5, Ackerman's support structure (4,5) does not obstruct said plurality of said first apertures of the treatment sheet (2).
Regarding claim 14, Ackerman as modified has the support ring below the treatment sheet (2) comprised of “rubber” (see column 2, lines 41 and 43-44).
Regarding claim 18, Ackerman's personal care product (Fig.7) further comprises a housing (6) having an upper surface comprising a groove (e.g., a groove for receiving the support structure (4,5, see Fig.7).
Prior Art Citation
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 12,447,693 shows a method of making a personal care product including the step of providing a treatment sheet and joining a support structure to a lower surface of the treatment sheet having a support ring formed of a rubber.
Remarks
Applicant’s arguments with respect to claim 1 has been considered but are moot in light of the above new ground(s) of rejection. Dependent claims 3-5, 14 and 18 have not been argued independently. Accordingly, they stand or fail with claim 1.
Action Made Final
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HWEI-SIU PAYER whose telephone number is (571)272-4511. The examiner can normally be reached on Monday -Friday from 7:00 AM to 3:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley, can be reached at telephone number 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724
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