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 .
This action is responsive to applicants’ amendment and response received August 27, 2025. Claims 1-20 are currently pending.
Specification
The amendment filed August 27, 2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: In claim 1 the language “wherein when the compressed sponge is removed from the interior of the covering, the compressed sponge remains rigid and compressed” does not appear in the specification. The examiner acknowledges various amendments were discussed in the interview held November 1, 2024, but obviously any amendments to the claims must have basis in the specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
Response to Amendment
The examiner notes the claims have been amended such that a soap is dried on the compressed sponge, and presumably this is sufficient to keep the sponge compressed as the claim language now states “wherein when the compressed sponge is removed from the interior of the covering, the compressed sponge remains rigid and compressed”. Though this language is objected to, it is instructive in determining what applicants believe keeps the sponge compressed, which would appear to be merely the dried soap alone. Turning to the present specification, we see that the method of making the sponge includes the following steps:
001] Also provided is a process for making any of the products described herein, comprising: a) c[0014] Also provided is a process for making any of the products described herein, comprising: a) compressing an uncompressed sponge, thereby producing the compressed sponge; and b) drying the soap onto and/or into the compressed sponge; wherein the compressed sponge is configured to expand by about three times when placed under a stream of water.
er a stream of water.
There is no mention of an external force or any means to keep the sponge compressed other than the dried soap, and so the examiner concludes, absent evidence to the contrary, that a compressed sponge with dried soap will remain at least partially compressed.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Popovsky et al, US 2013/0011564 in view of Esponjabon.com/collections/soap-sponge.
Popovsky et al teach personal cleansing soap-infused sponges wherein the sponges are compressed and immersed in molten soap (¶72). The compression range is from 0.5 to 5 inches, and can be adjusted based on the sponge materials and densities. The pressure is slowly released so that the soap is absorbed into the pores of the sponge and the soap is allowed to dry. As discussed above, this appears to be the same method as the method of the invention, in that soap is applied to a compressed sponge and allowed to dry, and so the examiner maintains the “soap-infused compressed sponge” claimed is satisfied.
With respect to the height of the sponge when compressed, obviously this is dependent on the starting height, the composition, and density of the sponge. Whether a sponge is 1/3 of an inch in height, a half inch, an inch, or many inches is according to the needs of the formulator and is not a basis for patentability. With respect to how much the sponge expands, persons of skill in the art and consumers alike understand that a sponge will expand two to three times its initial volume when water is added. What follows is the AI answer to the question “how much does a sponge expand when wet?”
A sponge can typically expand to nearly double or even triple its original size when wet, depending on the material and design, with many makeup sponges specifically designed to significantly increase in size when dampened for smoother application.
Surfactants such as cocoamidopropyl betaine may be added as foam boosters (¶54), the sponge can be made of synthetic or natural fibers (¶42), fragrances and colors may be added to the sponge such that the fragrance matches the color (¶42), and there is sufficient soap on and in the sponge for multiple uses (claim 37).
With respect to claim 7, as perfumes and essential oils may be used in these compositions (see examples), and aldehydes, esters, ketones, and alcohols run the gamut for all possible fragrances used in personal compositions, the examiner maintains this limitation is satisfied.
With respect to the “kit” claimed, this is merely a packaged soap sponge. Persons of skill in the art and consumers alike understand that soap sponges are packaged in some form or fashion. The packaging is not specified by the reference however.
Esponjabon.com/collections/soap-sponge teaches a variety of soap sponges containing sodium tallowate contained in an easy-tear package. The examiner notes that the “kit” claimed is merely a packaged soap sponge, which is precisely taught by the reference. With respect to the dimensions of the sponge, this is an obvious design choice to the skilled formulator.
With respect to the sponge being disposable, all sponges are disposable eventually.
With respect to the sponge having a single use or multiple uses, that would depend on the user and the surface area of the substrate to be cleaned.
All remaining rejections set forth in the previous action are withdrawn in view of applicants’ amendment and response.
Applicants lead off their traversal of this rejection by noting that the sponge of Esponjabon is uncompressed. Esponjabon is relied upon to demonstrate it is obvious to put an infused sponge, compressed or no, in an easy-tear package. Applicants traverse Popovsky et al on the grounds that though the reference teaches a compressed sponge of ½ inch in height, it does not teach a compressed sponge of 1/3 inch in height and so the reference should not be applied. The examiner disagrees and maintains that any compressed height is based on the properties of the sponge itself and the needs of the formulator and is an obvious design choice to persons of skill in the art.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES I BOYER whose telephone number is (571)272-1311. The examiner can normally be reached M-S 10-430.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at 5712722817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES I BOYER/Primary Examiner, Art Unit 1761