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 .
Response to Amendment
Applicant’s submission filed on October 14, 2025 has been entered. Claims 1, 7, and 8 were amended. Claim 6 was canceled. Claims 1-5, 7-12 are pending. Applicant’s amendments to the claims have partially overcome the 112b rejections previously set forth in the Non-Final Office Action mailed on July 14, 2025, further details below. Claims 1-5, 7-12 are examined in this action.
Claim Objections
Claim 8 is objected to because of the following informality “wherein said personal product” in line 1. This should be corrected to “wherein said personal care product.” Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "at least one of the planar outer surface" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim as claim 1, on which this claim depends on, recites “a planar outer surface.” Therefore, it is unclear as to which outer surfaces the “at least one of” is referring to. For examination purposes, examiner is interpreting “at least one of the planar outer surface” to be the same limitation as “a planar outer surface” recited in claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20220072725 A1 by Drori.
Regarding claim 1, Drori discloses a cover (see Examiner annotated Drori Figure 4, hereinafter “EADF4”; cover) for an applicator head (EADF4, applicator head) of a personal care product (EADF4, personal care product) comprising: a first portion (see Examiner annotated Drori Figure 1, hereinafter “EADF1”; 1st portion) comprising a planar outer surface (EADF1, planar outer surface); a second portion (EADF1, 2nd portion) comprising a cavity (EADF1, cavity); a third portion (see Examiner annotated Drori Figure 3, hereinafter “EADF3”; 3rd portion) comprising an inner rim (EADF3, inner rim) around a portion of a perimeter of said cavity (EADF3, cavity), said inner rim configured to frictionally engage the applicator head of said personal care product when said applicator head is disposed in said cavity (see Drori Figures 4A-4C; see also EADF4, applicator head); and a fourth portion (EADF3, 4th portion) comprising one or more planar tabs (EADF3, planar tabs) protruding beyond said inner rim (EADF3, inner rim); wherein the cover (EADF4, cover) for an applicator head of a personal care product is formed as one-piece having no hinges, springs, or assembled components (Drori, para. 30, “One skilled in the art will also recognize that although each element of the frame and grate are illustrated as seamlessly integrated with one another…”).
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Regarding claim 3, Drori discloses said first, second, third, and fourth portions are integrally formed (Drori, para. 30, “One skilled in the art will also recognize that although each element of the frame and grate are illustrated as seamlessly integrated with one another…”).
Regarding claim 9, Drori discloses said third portion further includes an outer rim (EADF1, outer rim) that extends around a perimeter of said planar outer surface (EADF1, planar outer surface).
Regarding claim 10, Drori discloses said outer rim (EADF1, outer rim) is perpendicular to said planar outer surface (EADF1, planar outer surface).
Regarding claim 11, Drori discloses said cavity (EADF3, cavity) has a planar inner surface (EADF3, planar inner surface) configured to receive said applicator head (see Drori Figures 4A-4C).
Regarding claim 12, Drori discloses said planar inner surface (EADF3, planar inner surface) of said cavity (EADF3, cavity) comprises a polygonal shape (see shape in Drori Figure 3) or a substantially circular shape.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220072725 A1 by Drori in view of US 20110005089 A1 by Bridges et al. (hereinafter “Bridges”).
Regarding claim 2, Drori does not explicitly detail a tab length.
Bridges, however, does teach one or more tabs extend a tab length (Bridges, Fig. 1, flange 66) ranging from about 3 mm to about 30 mm (Bridges, para. 13, “the flange 66 may have a width w1 that extends out from the front wall 52, the back wall 54, and the pair of side walls 56 and 58 by about 0.5 mm, 0.75 mm, or 1 mm to about 2.0 mm, 2.5 mm, or 3 mm...”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to modify the tabs of Drori to have a tab length ranging from about 3 mm to about 30 mm as taught by Bridges to provide the cover more support when frictionally engaged with the applicator head (Bridges, para. 13, “The flange 66 may enhance the rigidity of the reversible cover 50 to increase the force required to remove the reversible cover 50 from the shaving razor cartridge 20 to prevent unintentionally removal of the reversible cover 50”).
Regarding claim 4, Drori does not explicitly disclose a cover material.
Bridges, however, does teach said cover is comprised of a rigid plastic (Bridges, para. 11, “the reversible cover 50 may be injection molded or thermoformed from a polymer material, including but not limited to, poly vinyl chloride (PVC), polyethylene terephthalate (PET)… polypropylene (PP), or any combination thereof”) or metal.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to modify the cover of Drori to be a rigid plastic as taught by Bridges as the use of a known technique (in this case, the use of a rigid plastic from Bridges for a protective cover) to improve similar devices (in this case, the cover of Drori for a personal care product) in the same way (in this case, Drori using rigid plastic as a material that would be able to properly protect the personal care product).
Regarding claim 5, Drori does not explicitly disclose a cover material.
Bridges, however, does teach said one or more tabs (Bridges, Fig. 1, flange 66 & reversible cover 50) are comprised of a rigid plastic (Bridges, para. 11, “the reversible cover 50 may be injection molded or thermoformed from a polymer material, including but not limited to, poly vinyl chloride (PVC), polyethylene terephthalate (PET)… polypropylene (PP), or any combination thereof”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of invention to modify the tabs of Drori to be a rigid plastic as taught by Bridges as the use of a known technique (in this case, the use of a rigid plastic from Bridges for a protective cover) to improve similar devices (in this case, the tabs of Drori for a cover of a personal care product) in the same way (in this case, Drori using rigid plastic as a material that would be able to properly protect the personal care product).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220072725 A1 by Drori in view of JP 2018102554 A by Shimoda.
Regarding claim 7, Drori discloses the cover (EADF4, cover) is configured to support the personal care product on a resting surface (Drori, Abstract, “The guard is secured over the blade retaining cartridge of the razor. When disposed over the blade retaining cartridge, the grate portion of the guard spaces any blades retained in the cartridge from the surface of a user’s skin”), wherein said personal care product (EADF4, personal care product) comprises a center of gravity (EADF4, COG). Drori does not explicitly disclose tabs extending along the resting surface.
However, Shimoda does teach said one or more tabs (Shimoda, Fig. 3, support legs 27) extend a tab length along the resting surface (see Shimoda Figure 5) that exceeds a length between the inner rim and a projection of the center of gravity onto the resting surface, the projection in a direction parallel to an axis that is normal with the resting surface (see Shimoda English Machine Translated Document, hereinafter “SEMTD”; para. 28, “By providing a locking slit 41 on the upper end edge of the support leg 27 biased toward the cap part 21… the center of gravity is prevented from moving away from the center of the cap part 21, and the electric shaver can be placed in a stable state”).
While Shimoda does not explicitly teach that the one or more tabs extend a length greater than the length between a projection of a center of gravity and the inner rim, it would have been obvious to one having ordinary skill in the art at the time of invention to optimize and arrive at a greater tab length, recognizing that the length is directly correlated to how well the product can stably support the care product by keeping the center of gravity relatively centered (SEMTD, para. 28, “By providing a locking slit 41 on the upper end edge of the support leg 27 biased toward the cap part 21… the center of gravity is prevented from moving away from the center of the cap part 21, and the electric shaver can be placed in a stable state”; SEMTD, para. 32, “the lower end of the electric shaver is held in a space surrounded by the pair of support legs 27 and the bridging wall 45. With this upright position holding part 44, the lower end of the electric shaver is surrounded by the pair of support legs 27 and the bridging wall 45 to prevent it from wobbling…”), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, Drori discloses said personal product comprises a center of gravity (EADF4, COG) including a projection (EADF4, projection) onto a plane that is parallel to at least one of the planar outer surface and the flat treatment sheet (see EADF4). Drori does not explicitly disclose tabs extending further than a length between a projection and inner rim.
However, Shimoda does teach wherein a tab length (see Examiner annotated Shimoda Figure 13a, hereinafter “EASF13A”; tab length) of said one or more tabs (Shimoda, Fig. 13, support legs 27) along the plane (EASF13A, plane) beyond the inner rim exceeds a length (EASF13A, length 1) between said projection (EASF13A, projection) and the inner rim along the plane.
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While Shimoda does not explicitly teach that the one or more tabs extend a length greater than the length between a projection of a center of gravity and the inner rim, it would have been obvious to one having ordinary skill in the art at the time of invention to optimize and arrive at a greater tab length, recognizing that the length is directly correlated to how well the product can stably support the care product by keeping the center of gravity relatively centered (SEMTD, para. 28, “By providing a locking slit 41 on the upper end edge of the support leg 27 biased toward the cap part 21… the center of gravity is prevented from moving away from the center of the cap part 21, and the electric shaver can be placed in a stable state”; SEMTD, para. 32, “the lower end of the electric shaver is held in a space surrounded by the pair of support legs 27 and the bridging wall 45. With this upright position holding part 44, the lower end of the electric shaver is surrounded by the pair of support legs 27 and the bridging wall 45 to prevent it from wobbling…”), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges of a result effective variable involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant’s arguments, see Remarks, filed on October 14, 2025, with respect to the rejection of claim 1 under header Rejection Under 35 USC 102(a)(1) (AIA ) Over Lampard et al beginning on page 1 have been considered. Applicant argues that with the newly introduced claim limitation “… the cover for an applicator head of a personal care product is formed as one-piece having no hinges…,” the combination of prior art presented in the Non-Final Office Action mailed on July 14, 2025 does not teach all the claim limitations. However, as necessitated by the claim amendments, a new grounds of rejection is made in view of US 20220072725 A1 by Drori. Therefore, Applicant’s arguments are considered moot and claim 1 and all its dependent claims are subsequently rejected as detailed above.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH LIN whose telephone number is (703)756-5936. The examiner can normally be reached M-T: 7:30am-5:00pm, every other Friday 7:30am-5:00pm.
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/DEBORAH LIN/Examiner, Art Unit 3724
/JENNIFER S MATTHEWS/Primary Examiner, Art Unit 3724