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 Group I, claims 1-10 in the reply filed on 10/06/2025 is acknowledged. Claims 11-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claims 3 and 4 are objected to because of the following informalities: Claims 3 and 4 recite “tea Vitamin E” and “tea mineral oil” where the word tea should not appear before Vitamin E or mineral oil. It is believed this is a mistake as “tea tree oil” is recited in claim 2. Appropriate correction is required.
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.
Claims 1 and 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Sykes et al. (US 20050096577) and Salon System Elegant Touch Rapid Dry Spray, hereafter Salon System (https://www.salon-services.com/nails/nail-polish/nail-polish-quick-dry/salon-system-elegant-touch-rapid-dry-spray-125ml/107897.html).
Regarding claims 1, 3, 4 and 5, Sykes et al. disclose a nail treatment device for preventing nail polish which has been applied to a plurality of toenails of a foot from transferring to external surfaces, comprising: a sleeve (20,40) having an open rear end (open end near 30) and a closed front end (end opposite 30), the sleeve having a size such that the sleeve is configured for receiving the plurality of toenails and a plurality of toes of the foot through the open rear end (Refer to Figure 5), the sleeve comprising a fluid impermeable material such that the sleeve is configured to inhibit the nail polish from permeating the sleeve, the fluid impermeable material being flexible such that the fluid impermeable material is configured to conform to an exterior of the foot (Refer to Abstract, paragraphs 0015 and 0026, claim 4 and Figures 1-5). However, Sykes et al. does not disclose the sleeve is part of a kit which includes a nail polish drying substance being configured to absorb solvents in the nail polish and evaporate more readily than the solvents of the nail polish, where the nail polish drying substance includes vitamin E and mineral oil and is provided in a spray bottle operable to diffusely spray the substance.
Skyes et al. explain that the sleeve is designed to protect the nail polish on toes and prevents polish from smudging. It is well-known and common practice in the art for various items used in pedicuring/manicuring (e.g. cuticle pusher, nail files, nail polish, clippers, protectors/sleeves, drying sprays, etc.) to be provided together as a kit for convenience to the user, where nail polish drying substances are conventional in the art. Salon System discloses a quick-drying substance for use on wet nail polish, where the drying substance is provided in a spray bottle and is configured to absorb solvents in nail polish and evaporate more readily the solvents (Refer to ingredients list). The nail drying spray also includes mineral oil (paraffinum liquidum) and vitamin E (tocopheryl acetate, tocopherol, sweet almond oil and jojoba oil), as disclosed in the ingredients list. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Sykes et al. and the spray bottle with the nail polish drying substance having vitamin E and mineral oil of Salon System together in a kit, as these items are used in pedicuring and it is known to provide items used in a process together.
Regarding claim 6, the combination of Skyes et al. and Salon System disclose the nail treatment kit of claim 1 above, Skyes et al. further disclose the size of the sleeve is such that the sleeve is configured to extend from the toes to a plurality of metatarsophalangeal joints of the foot (Refer to Figure 5).
Regarding claim 7, the combination of Skyes et al. and Salon System disclose the nail treatment kit of claim 1 above, Skyes et al. further disclose a cuticle oil coating (vitamin E oil, Refer to Abstract) a front portion of an inner surface of the sleeve, the cuticle oil being configured for moisturizing a plurality of nail beds of the foot.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Skyes et al. and Salon System as applied to claim 1 above, and further in view of Nail Tek Renew (https://www.youtube.com/watch?v=x7rGgGnIs34).
Regarding claim 2, the combination of Skyes et al. and Salon System disclose the kit of claim 1 above; however, the combination does not disclose the nail polish drying substance comprises tea tree oil. Salon System is relied upon for the teaching of the spray bottle containing a nail polish drying substance where the ingredients list includes various oils which serve to moisturize, strength and promote healthy cuticles and nails. Although Salon System does not list tea tree oil as an ingredient it is well-known and conventional for tea tree oil to be included in such products for the same reasons (moisturize, strength and promote healthy cuticles and nails), where tea tree oil also provides the additional benefit of delivering antifungal and antimicrobial properties. Nail Tek Renew demonstrates it is well-known and conventional (published in 2011) to include tea tree oil in such nail and cuticle treating substances (Refer to packaging at 0:00 timestamp which indicates the product contains tea tree oil and 0:18-0:24 which explain the substance restores moisture and maintains healthy cuticles and nails). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the nail polish drying substance of the combination of Skyes et al. and Salon System to include tea tree oil as Nail Tek Renew demonstrates it is well-known and conventional for nail and cuticle treating products to include tea tree oil, as tea tree oil serves to strength nails, moisturize cuticles, promote healthy nails and cuticles and provides antifungal and antibacterial properties.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Skyes et al. and Salon System as applied to claim 1 above, and further in view of Tuttle (US 20130212774).
Regarding claims 8 and 9, the combination of Skyes et al. and Salon System disclose the nail treatment kit of claim 1 above, Sykes et al. disclose an adhesive coating (adhesive tape at 30, Refer to Abstract and Figures 2-5) a rear portion of the sleeve and being configured for removably adhering to the foot to form a seal between the sleeve and the foot; however, Skyes et al. does not disclose the adhesive being on the inner surface of the sleeve and a shielding strip being removably coupled to the adhesive for preventing the adhesive from adhering to a surface. Tuttle discloses a protective cover having an adhesive coating for removably adhering the device to a user (Refer to Figures 1-9). Tuttle explains that an inner surface of the sleeve is provided with an adhesive coating (820,850 of Fig 8; 155,165 of Figures 2 and 3) and releasable shielding strips (830,860; 160,170) are disposed over the adhesive to protect the adhesive and prevent contact with other surfaces prior to use. During use, the releasable shielding strips are removed to expose the adhesive and the adhesive is placed in direct contact with the user’s skin to form a seal (Refer to paragraphs 0024-0025 and 0032). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify kit of the combination of Skyes et al. and Salon System such that the adhesive be provided on an inner surface of the sleeve and a shielding strip be removably coupled to the adhesive as taught by Tuttle in order to provide a sealed connection between the sleeve and the user’s skin while protecting the adhesive prior to use.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sykes et al. (US 20050096577), Tuttle (US 20130212774), Salon System Elegant Touch Rapid Dry Spray, hereafter Salon System (https://www.salon-services.com/nails/nail-polish/nail-polish-quick-dry/salon-system-elegant-touch-rapid-dry-spray-125ml/107897.html) and Nail Tek Renew (https://www.youtube.com/watch?v=x7rGgGnIs34).
Regarding claim 10, Sykes et al. disclose a nail treatment device for preventing nail polish which has been applied to a plurality of toenails of a foot from transferring to external surfaces, comprising: a sleeve (20,40) having an open rear end (open end near 30) and a closed front end (end opposite 30), the sleeve having a size such that the sleeve is configured for receiving the plurality of toenails and a plurality of toes of the foot through the open rear end (Refer to Figure 5), the sleeve comprising a fluid impermeable material such that the sleeve is configured to inhibit the nail polish from permeating the sleeve, the fluid impermeable material being flexible such that the fluid impermeable material is configured to conform to an exterior of the foot (Refer to Abstract, paragraphs 0015 and 0026, claim 4 and Figures 1-5), a cuticle oil coating (vitamin E oil, Refer to Abstract) a front portion of an inner surface of the sleeve, the cuticle oil being configured for moisturizing a plurality of nail beds of the foot, an adhesive coating (adhesive tape at 30, Refer to Abstract and Figures 2-5) a rear portion of the sleeve and being configured for removably adhering to the foot to form a seal between the sleeve and the foot.
However, Sykes et al. does not disclose the adhesive being on the inner surface of the sleeve and a shielding strip being removably coupled to the adhesive for preventing the adhesive from adhering to a surface and wherein the sleeve is part of a kit which includes a nail polish drying substance being configured to absorb solvents in the nail polish and evaporate more readily than the solvents of the nail polish, the nail polish drying substance comprising tea tree oil, Vitamin E and a mineral oil and a spray bottle containing the nail polish drying substance, the spray bottle being operable to diffusely spray the nail polish drying substance onto the nail polish.
Tuttle discloses a protective cover having an adhesive coating for removably adhering the device to a user (Refer to Figures 1-9). Tuttle explains that an inner surface of the sleeve is provided with an adhesive coating (820,850 of Fig 8; 155,165 of Figures 2 and 3) and releasable shielding strips (830,860; 160,170) are disposed over the adhesive to protect the adhesive and prevent contact with other surfaces prior to use. During use, the releasable shielding strips are removed to expose the adhesive and the adhesive is placed in direct contact with the user’s skin to form a seal (Refer to paragraphs 0024-0025 and 0032). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify sleeve of Skyes et al. such that the adhesive be provided on an inner surface of the sleeve and a shielding strip be removably coupled to the adhesive as taught by Tuttle in order to provide a sealed connection between the sleeve and the user’s skin while protecting the adhesive prior to use.
Skyes et al. explain that the sleeve is designed to protect the nail polish on toes and prevents polish from smudging. It is well-known and common practice in the art for various items used in pedicuring/manicuring (e.g. cuticle pusher, nail files, nail polish, clippers, protectors/sleeves, drying sprays, etc.) to be provided together as a kit for convenience to the user, where nail polish drying substances are conventional in the art. Salon System discloses a quick-drying substance for use on wet nail polish, where the drying substance is provided in a spray bottle and is configured to absorb solvents in nail polish and evaporate more readily the solvents (Refer to ingredients list). The nail drying spray also includes mineral oil (paraffinum liquidum) and vitamin E (tocopheryl acetate, tocopherol, sweet almond oil and jojoba oil), as disclosed in the ingredients list. Although Salon System does not list tea tree oil as an ingredient it is well-known and conventional for tea tree oil to be included in such products for the same reasons (moisturize, strength and promote healthy cuticles and nails), where tea tree oil also provides the additional benefit of delivering antifungal and antimicrobial properties. Nail Tek Renew demonstrates it is well-known and conventional (published in 2011) to include tea tree oil in such nail and cuticle treating substances (Refer to packaging at 0:00 timestamp which indicates the product contains tea tree oil and 0:18-0:24 which explain the substance restores moisture and maintains healthy cuticles and nails). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of the combination of Sykes et al. and Tuttle and the spray bottle with the nail polish drying substance having vitamin E and mineral oil of Salon System together in a kit, as these items are used in pedicuring and it is known to provide items used in a process together. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the nail polish drying substance of the combination of Skyes et al., Tuttle and Salon System to include tea tree oil as Nail Tek Renew demonstrates it is well-known and conventional for nail and cuticle treating products to include tea tree oil, as tea tree oil serves to strength nails, moisturize cuticles, promote healthy nails and cuticles and provides antifungal and antibacterial properties.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799