FINAL 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 Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues the device disclosed in Strunk is not a magnetic personal care guide having the form of a flat disk. Instead, the device disclosed in Strunk is a tooth brush holder having a rectangular base plate with a rotating cylindrical cover. The tooth brush holder is not magnetic and does not have the form of a flat disk as claimed.
In response to applicant's arguments against Strunk not discloses a magnetic personal care guide, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Hogan teaches the magnetic personal care guide.
Also, in response to applicant's argument that the references fail to show the form of a flat disk. This is not found persuasive since Strunk clearly teaches a flat disk form housing 14 similar to Applicant’s own disclosed flat disk 100 in fig. 2.
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.
Claim 1-3, 5-12, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hogan US 5,864,288 in view of Strunk US 2002/0096607.
Re claims 1, 15, Hogan discloses a magnetic personal care guide (figs. 1-2, 4-5, 8-9) for guiding a user through a personal care routine and being adapted for releasably holding a personal care implement 4 comprising a section 3 at least partially made from a magnetic and/or ferromagnetic material 510, the magnetic personal guide comprising:
(i) a guidance tool, the guidance tool (figs. 4, 9) being activated by detaching the personal care implement 4 from the magnetic personal care guide; and
(ii) a low-power display 495 providing a signal guiding the user through the personal care routine when the guidance tool is activated.
Hogan does not disclose wherein the magnetic personal care guide guide has the form of a flat disk, attachable to a wall.
Strunk teaches a personal guide 10 with the form of a flat disk 14 [at least housing 14 is a flat disk similar to Applicant’s flat disk 100 in fig.2], attachable to a wall [¶58, “[p]rongs 56 not only supply power to the improved tooth brush holder but also allow the tooth brush holder to be mounted to a wall”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Strunk with the teachings of Hogan, in order to yield the predictable result of a magnetic personal guide attachable to a wall.
Re claim 2, Hogan further discloses wherein the guide further comprises an energy source for powering the guide [battery operated, “apparatus of FIG. 7 may be suitably battery powered (e.g., two to four "AA" batteries or the like) to eliminate the need for bulky electrical cords and associated dangers thereof in the bath”].
Re claim 5, Hogan further discloses wherein the guide comprises a printed circuit board assembly comprising a [microcontroller, fig. 9].
Re claim 6, Hogan further discloses wherein the guide comprises means 11 for detecting the presence of the personal care implement (fig. 2).
Re claim 7, Hogan further discloses wherein the means 11 are selected from the following: Hall sensor, Reed contact sensor, switch, light sensor, proximity sensor, stress-strain gauge, RFID tag, microswitch and/or a movable magnet exhibiting a signal detectable by a microcontroller [“other forms of switching devices may be utilized. For example a lever switch, photoelectric, magnetic (e.g., reed switch, Hall effect, or other type of proximity switch), inductive, or other type of switch may be used to provide a waterproof and reliable connection”]
Re claim 8, Hogan further discloses wherein the guide further comprises a real time module for controlling and monitoring time [495, fig. 9].
Re claim 9, Hogan further discloses wherein the guide comprises means providing an acoustic and/or haptic signal 414.
Re claim 10, Hogan further discloses wherein the guide further comprises at least one switch [409-412] for customizing the signal provided by the guide.
Re claim 11, Hogan further discloses wherein the guide further comprises a timer 906, the timer starting to run by activating the guidance tool.
Re claim 12, Hogan further discloses wherein the guide provides a signal to the user after a pre-defined period of time after the guidance tool has been activated [905, fig. 9].
Re claim 14, Hogan further discloses wherein the guide comprises a reward system 909, the reward system providing feedback to the use after a pre-defined period of time [after the start message 905 and timer 906].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hogan US 5,864,288 in view of Strunk US 2002/0096607 and in further view of Vidaver US 20140263877 A1
Re claim 4, Hogan, and Strunk teach the invention as discussed above for claim 1 but fail to teach wherein the guide has a surface at least partially covered with a TPE layer to enhance friction between the personal care implement and the guide.
Vidaver teaches a holder made of TPE ¶31.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the TPE holder of Vidaver with the guide of Hogan in order to yield the predictable result of utilizing a stretchable and flexible injection molding material.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hogan US 5,864,288 in view of Strunk US 2002/0096607 and in further view of Ortins EP 2427138 B1.
Re claim 13, Hogan, and Strunk teach the invention as discussed above for claim 1 but fail to teach wherein the guide comprises exchange reminder means reminding a user to exchange at least a part of the personal care implement after a pre-defined period of time.
However, Ortins teaches a guidance tool (fig. 1) comprising a reminder function reminding a user to exchange the personal care implement after a pre-defined period of time [“data stored by the RFID tag or other data transmitters/communicators can be quite varied, including any personal care information. Some of the categories of data includes product identification data (e.g., the brand name or product name) and product usage or regimen data (e.g., usage time, such as 1 minute regimen for a rinse, text or graphical instructions concerning product usage), one or more rewards, and component or product replacement data (e.g., number of times or length of time that a component or product can be used before it should be replaced)”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the reminder function of Ortins with the system of Hogan in order to yield the predictable result of reminding the user when to change the toothbrush.
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carlos A. Rivera whose telephone number is (571)270-5697. The examiner can normally be reached 9AM -4PM.
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, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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C. A. R.
Primary Patent Examiner
Art Unit 3723
/C. A. RIVERA/Primary Patent Examiner, Art Unit 3723
Prosecution Insights