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 .
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 05/26/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/26/2026 was filed after the mailing date of the notice of allowance on 05/08/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
As currently amended Claims 1-6 of this pending application are written (see the amendments of the claim set in the notice of allowance, 05/08/2026), they can be still rejected on the ground of nonstatutory double patenting as being unpatentable over Claims of application No. 18/243,205.
Although the claims language at issue are not identical, they are not patentably distinct from each other because it is clear that all structures of Claims of this pending application are found in Claims of application No. 18/243,205.
For an example, with regard to Claim 1, claims of the application No. 18/243205 teaches a personal care product (see claims 1 and 8) comprising:
an applicator head (see the preamble of claim 1) comprising a flat treatment sheet (see claim 8, line 3 “a flat treatment sheet”);
a cover configured to surround said applicator head and to cover said treatment sheet (see claim 1, line 5), said cover comprises;
a base including a planar outer surface that defines a plane having no apertures and parallel to the flat treatment sheet when the applicator head is in the cover;
an outer rim around a perimeter of said planar outer surface (see claim 9) and an inner rim configured to frictionally engage a portion of said applicator head (see claim 1, lines 4-6), and
one or more tabs integral with said cover and extending along the plane by a tab length beyond the inner rim (see claim 1, line 7),
wherein said personal care product comprises a center of gravity with a projection on the one or more tabs in the plane, wherein the tab length of the one or more tabs along the plane exceeds a length between the projection and the inner rim along the plane, and wherein the applicator head is received within a cavity of the cover (see claims 7-8).
The subject matter of Claims 2-6 is well known which can be found in the art (see the previous rejections, 05/22/2025 and 09/11/2025).
Since claims of this application are anticipated by claims of the applications above and it is not patentably distinct from the claims of the applications. This is a non-statutory double patenting rejection.
As currently amended Claims 1-6 of this pending application are written (see the amendments of the claim set in the notice of allowance, 05/08/2026), they can be rejected on the ground of nonstatutory double patenting as being unpatentable over Claims of application No. 18/243,188.
Although the claims language at issue are not identical, they are not patentably distinct from each other because it is clear that all structures of Claims of this pending application are found in Claims of application No.18/243,188.
For an example, with regard to Claim 1, claims of the application No. 18/243,188 teaches a personal care product (see claim 1) comprising:
an applicator head (see claim 1, line 2) comprising a flat treatment sheet;
a cover configured to surround said applicator head and to cover said treatment sheet (see claim 1, lines 4-5), said cover comprises;
a base including a planar outer surface that defines a plane having no apertures and parallel to the flat treatment sheet when the applicator head is in the cover (see claim 16 for the “parallel”);
an outer rim around a perimeter of said planar outer surface (see claim 1) and an inner rim configured to frictionally engage a portion of said applicator head (see claim 1), and
one or more tabs integral with said cover and extending along the plane by a tab length beyond the inner rim (see claim 2),
wherein said personal care product comprises a center of gravity with a projection on the one or more tabs in the plane, wherein the tab length of the one or more tabs along the plane exceeds a length between the projection and the inner rim along the plane, and wherein the applicator head is received within a cavity of the cover (see claims 7-8).
The subject matter of Claims 2-6 is well known which can be found in the art (see the previous rejections, 05/22/2025 and 09/11/2025).
Since claims of this application are anticipated by claims of the applications above and it is not patentably distinct from the claims of the applications. This is a non-statutory double patenting rejection.
Allowable Subject Matter
This is in response to the claim set filed on 05/08/2026 and Applicant’s presentative authorized and approved the examiner’s amendment to the record that appears in the notice of allowance mailed on 05/08/2026. See the notice of allowance on 05/08/2026.
Examiner has considered the IDS, 05/26/2026, none of the references in the IDS by themselves or in combination with the other prior art cited that teach or suggest the claimed invention, as set forth in the amended claim 1, 05/08/2026. Also, see the notice of allowance on 05/08/2026.
Claims 1-6 are allowed.
The following is an examiner’s statement of reasons for allowance: the amendment of Claim 1 is free of the prior art because the closet prior arts do not teach or suggest to have a personal care product (a system) comprising:
an applicator head comprising a flat treatment sheet;
a cover configured to surround said applicator head and to cover said treatment sheet, said cover comprises:
a base including a planar outer surface that defines a plane having no apertures and parallel to the flat treatment sheet when the applicator head is in the cover,
an outer rim around a perimeter of said planar outer surface and an inner rim configured to frictionally engage a portion of said applicator head, and
one or more tabs integral with said cover and extending along the plane by a tab length beyond the inner rim,
wherein said personal care product comprises a center of gravity with a projection on the one or more tabs in the plane, wherein the tab length of the one or more tabs along the plane exceeds a length between the projection and the inner rim along the plane, and wherein the applicator head is received within a cavity of the cover, (emphasis added) as set forth in claim 1.
The closest art, Thompson (US 2551859) shows a personal care product (razor) having a cover or a stand (51, 52, Figure 4), wherein the cover includes a tab (51) and a base (52), which is parallel to a blade while the razor is on the cover, wherein the base has no perforation or apertures, however, Thompson’s a center of gravity of the razor with a projection is NOT on the one or more tabs in the plane, wherein the tab length of the one or more tabs along the plane exceeds a length between the projection and the inner rim along the plane, and wherein the applicator head is received within a cavity of the cover.
Based on the amendments of claim 1, it has been overcome the closest art and the art used in the final office rejections. Therefore, none of references by themselves or in combination with the other prior art cited teach or suggest unique features of the personal care product of claim 1. There appears to be no justification to modify the above mentioned references, in any combination to meet the requirements of the claimed invention as set forth in claim 1.
Claims 2-6 are considered to contain allowable subject matter due to their dependency on claim 1. Thus, claims 1-6 are allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicants states that “Applicant will consider filling a terminal disclaimer if necessary” in the remarks, 08/22/2025, however, there is no terminal disclaimer being filed.
However, if Applicant needs to discuss the rejections above, Applicant should feel free to call the Examiner to schedule an interview.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHAT CHIEU Q DO whose telephone number is (571)270-1522. The examiner can normally be reached 8AM-5PM EST.
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, Boyer Ashley can be reached at (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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/NHAT CHIEU Q DO/Primary Examiner, Art Unit 3724 5/29/2026
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