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
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Applicant’s submission filed on August, 6, 2025 has been entered.
Amendment Entered-in-part
The amended specification filed on 4/14/2025 has not been entered because it does not comply with 37 CFR 1.125 which requires markings to show all the changes relative to the immediate prior version.
Drawings Objection
The drawings filed on 08/06/2025 are objected to because:
(1) In Fig.2C, reference numerals “65” and “651” have not been described in the specification and should be deleted.
(2) In Fig.2D, reference numerals “65’” and “651’” have not been described in the specification and should be deleted.
(3) In Fig.2E, reference numeral “22” has not been described in the specification and should be changed to --48-- (e.g., a substrate, see Fig.2B).
(4) In Figs.4A and 4C, reference numeral “652” has not been described in the specification and should be changed to --62-- (e.g., a lower surface, see Fig.2C).
(5) In Fig.4B, reference numeral “752” has not been described in the specification and should be deleted.
(6) In Fig.8B, reference numeral “220” has not been described in the specification and should be changed to --20-- (e.g., a housing, see Fig.1B).
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.
Objection to the Specification
The disclosure is objected to because of the following informalities:
(1) On page 9, line 1, “apertures 630” should read --apertures 630,630’,430--. Note apertures 630 and 630’ are shown in Figs.2C and 2D, respectively, and apertures 430 are shown in Figs.5A and 5B.
(2) On page 10, lines 3 and 4, reference numeral “642” is not found in any drawings and should be deleted.
(3) On page 10, line 3, “62 (note shown)” should read --62--. Note reference numeral “62” is shown in Figs.2C.
(4) On page 10, lines 16 and 17, “632’” is not found in any drawings and should be deleted.
(5) On page 10, line 16, “642’” is not found in any drawings and should be deleted.
Appropriate correction is required.
Claim Objection
Claim 3 is objected to because of the following informalities:
(1) Claim 3 depends from a cancelled claim. For examination purpose, claim 3 has been interpreted as being dependent from claim 1.
Appropriate correction is required.
Claim Rejection - 35 U.S.C. 112(a)
1. 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.
2. Claims 1, 3-5, 14 and 18 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
(1) In claim 1, lines 10-11, “wherein the treatment sheet and the support structure do not share the same cross-sectional plane” contains new matter. There is no disclosure in the original specification that the treatment sheet and the support structure do not share the same cross-sectional plane as now claimed.
Claim Rejection - 35 U.S.C. 112(b)
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. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
(1) In claim 1, lines 8-9, “said support structure is joined to … a lower inner perimeter area” does not agree with page 13, lines 17-19 of the original specification. As described, the support structure 35 (e.g. support ring 80) is joined to the sheet 40 on the outer lower perimeter areas 452 of the treatment sheet 40.
(2) In claim 1, lines 10-11, “wherein the treatment sheet and the support structure do not share the same cross-sectional plane” does not agree with the elected species IV (e.g., solid tube in Fig.7D or hollow tube in Fig.7E). The treatment sheet 40 and the support structure 35 of species IV (Figs.7D or 7E) do share the same cross-sectional plane where the treatment sheet 40 and the support structure 35 are on opposite sides (e.g., upper and lower sides, respectively) of the same plane.
(3) Claim 14 is an improper Markush-type claim. A Markush claim lists the alternatives in a format such as “selected from the group consisting of A, B,C. See MPEP 803.02. Further, clam 14 appears to contradict amended claim 1 which requires the support ring comprised of a flexible material that provides elasticity. However, claim 14 requires the support ring comprised of “thermoplastic” and “thermoset”. Thermoplastic is flexible when heated, and thermoset is not flexible after cured. It is suggested claim 14 be amended to read --wherein said support ring is comprised of rubber or elastomer--. Support can be found on page 13, lines 11-12 of the original specification.
Claim Rejection - 35 U.S.C. 102(a)(1)
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. 102(a)(1) as being anticipated by Ackerman (U.S. Patent No. 2,614,321).
Regarding claim 1, Ackerman discloses a personal care product (see Fig.7) comprising:
a treatment unit (2,5) comprising a treatment sheet (2) having a plurality of first apertures (note Fig.2 and column 1, line 30) and a support structure (8) joined to said treatment sheet (5),
wherein said support structure (5) comprises a support ring (5), and
wherein the support ring (5) is in the form of a hollow tube (5),
wherein said support structure (5) is comprised of a flexible material (e.g., “rubber”, see column 2, lines 41 and 43-44) that provides elasticity;
wherein the support structure (5) is joined to an outer perimeter area of said treatment sheet (2);
wherein the treatment sheet (2) and the support structure (5) do not share the same cross-sectional plane (note a plane defined by the treatment sheet 2 is spaced from a plane defined by the lip 4 of the support structure 5, see Fig.7, e.g., the treatment sheet 2 and the support structure 5 do not share the same cross-sectional plane as claimed).
Regarding claim 3, Ackerman's support structure (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 (5) does not obstruct said plurality of said first apertures of the treatment sheet (2).
Regarding claim 14, Ackerman's support ring (5) is comprised of elastomeric polymer (note “rubber” is a type of elastomeric polymer).
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 (5, see Fig.7).
Remarks
Applicant’s arguments with respect to claims 1, 3-5, 14 and 18 have been considered but are moot in light of the above new ground(s) of rejection.
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 3:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Eiseman, can be reached at telephone number 571-270-3818. 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