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 .
Claim Objections
Claim 3 is objected to because of the following informalities: In line 2, is “a handle portion” meant to be “the handle portion”?
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.
Claims 1-5, 7-14, and 17-19 are 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 1 recites the limitation "the handle" in line 12. There is insufficient antecedent basis for this limitation in the claim. Is “the handle” (occurs in both lines 12 and 13) the same as “the handle portion” (first occurrence in line 2)?
Claim 1 lines 12-13 were added by amendment 4 May 2026 to recite that “the proximal end of the handle comprises a convex shape and the distal end of the handle comprises a concave shape”. This appears to potentially include a typographical or transposing error. The specification on page 8 line 30 describes the upper surface of the handle (5) as being proximal and is shown as concave (surface 5 not labeled in Figure 1A, but is shown as concave; see also Figure 2 showing upper surface 5 as the same surface where the bristles 6 are located). Originally filed claim 6 (currently canceled) defines the proximal end of the handle portion as concave and the distal end of the handle portion as convex. It appears that the applicant may have intended to recite the opposite, that “the proximal end of the handle comprises a concave shape and the distal end of the handle comprises a convex shape”
Claim 1 lines 5-6 recites “…wherein each of the plurality of protuberances comprises a group of secondary bristles collectively forming a dome shape…” Claim 2 recites “…the plurality of bristles comprise a second set of bristles grouped together, and wherein each protuberance…is at a proximal end of a particular grouping of bristles of the second set of bristles.” It is unclear if the “second set of bristles” in claim 2 is the same set of bristles that comprise “secondary bristles” in claim 1.
Claim 12 recites the limitation "the handle" in line 11. There is insufficient antecedent basis for this limitation in the claim. Is “the handle” the same as “the handle portion” (see claim 12 line 3)?
Claim 17 recites the limitation "the second set of bristles" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the first set of bristles" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang, US 2020/0154873.
Regarding claim 15, Chang discloses a method of forming a brush comprising: providing a plurality of bristles (bristles 12, 13 provided, see Figures 1B-1C), wherein at least some of the plurality of bristles extend from a common substrate (extends from a substrate of the base 11, see Figures), wherein the plurality of bristles comprises a set of primary bristles (13) and a plurality of protuberances (12); providing a handle portion (10); and coupling the plurality of bristles to the handle portion by providing the substrate in communication with an interior portion of the handle portion (bristles 12 and 13 coupled by molding to base 11 that is secured to the handle portion 10, paragraph [0026]; the substrate forming base 11 extends from a perimeter to a central interior portion that covers the handle portion 10 in Figures 1B-1C), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal from the handle portion and are provided in a concave arrangement at least when the substrate is provided in communication with the handle portion (Figures 1B-1C). Regarding claim 20, the handle comprises an upper surface (upper surface of 10, Figures 1B-1C), wherein the plurality of bristles is coupled to and extend from the upper surface (Figures 1B-1C), wherein a portion of the upper surface is visible after the plurality of bristles is coupled to the upper surface (gaps of the upper surface of 10 would show visibly from a top view due to the gaps between the bristles 13 and protuberances 12 in Figures 1B-1C), and wherein the plurality of bristles is surrounded by a portion of the upper surface after the plurality of bristles are coupled to the upper surface (Figures 1B-1C).
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.
Claim(s) 1-3 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 in view of Chang, US 2020/0154873.
Regarding claim 1, Godin et al. disclose a brush comprising: a handle portion operable to be grasped by a user (116), the handle portion comprising a proximal end and a distal end (see Figures, ends of 116); and a plurality of bristles extending from the handle portion (124), wherein the plurality of bristles comprises a set of primary bristles (the bristle fibers 124 that are not part of nubs 1010, Figures 10-11) and a plurality of protuberances (1010, Figures 10-11), wherein each of the plurality of protuberances comprises a group of secondary bristles collectively forming a dome shape extending from adjacent primary bristles (the secondary bristles are the bristles that form protuberances 1010, Figures 10-11, paragraph [0066]); wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal to the handle portion (Figures 10-11), and distal ends of the primary bristles are provided in a concave arrangement (Figure 10, proximal ends of 124 that do not include 1010 are provided in a concave arrangement in that the end 130 can be concave, second to last sentence in paragraph [0049], not shown in Figures). Regarding claim 2, the plurality of bristles comprise a second set of bristles grouped together (the second set are those bristles that form the protuberances 1010, Figures 10-11, paragraph [0066]), wherein each protuberance of the plurality of protuberances is at a proximal end of a particular grouping of bristles of the second set of bristles (Figure 10, grouping(s) of bristles that form 1010). Regarding claim 3, the plurality of bristles is coupled to a substrate that is couplable to a handle portion (112, substrate may also include a fastener or an adhesive, paragraph [0048], ferrule 112 couplable to handle, paragraph [0051]), wherein the substrate includes a plurality of apertures (not shown, described in paragraph [0048] as grooves that extend into face 350 of the ferrule 112), and wherein each grouping of bristles of the second set of bristles is extended through a particular aperture of the plurality of apertures (paragraph [0048], describes all brush fibers as secured within the grooves). Regarding claim 9, the handle portion comprises an upper surface (upper surface 350, Figure 12), and wherein the plurality of bristles is coupled to and extend from the upper surface (Figure 12).
Godin et al. fail to disclose that the proximal end of the handle comprises a convex shape and the distal end of the handle comprises a concave shape. Also, the brush of Godin et al. is intended for cosmetic use on human skin (Abstract, paragraph [0003]). Godin et al. recognize that the handle of their brush can have various shapes, cross sections, can comprise the ferrule only (paragraphs [0051]-[0052] and Figures 13-18).
Further regarding claim 1, Chang teaches a massage brush comprising: a handle portion operable to be grasped by a user (10, Figures 1B-1C), the handle portion comprising a proximal end and a distal end (proximal end is the lower convex end in Figure 1C, the distal end is the surface facing upwards in Figure 1C); and a plurality of bristles extending from the handle portion (12, 13), wherein the plurality of bristles comprises a set of primary bristles (13) and a plurality of protuberances (12, Figures 1B-1C), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal from the handle portion and are provided in a concave arrangement (Figures 1B-1C); and further teaches that the proximal end of the handle portion comprises a convex shape and the distal end of the handle comprises a concave shape (the handle portion 10 is a moon shape in Figure 1C, the surface facing upwards is the distal end comprising a concave shape and the opposite surface is the proximal end comprising a convex shape). Regarding claim 7, the convex distal end of the handle portion is contoured to conform to a first arc and the concave proximal end of the handle portion is contoured to conform to a second different arc (Figure 1C). Regarding claim 8, the first arc is a portion of an ellipse and the second arc is a portion of a circle (Figure 1C). Chang teaches that the shape and contours of the handle can provide advantages when use in detangling or in massage (paragraph [0027]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the handle portion of Godin et al. so that the proximal end of the handle comprises a convex shape and the distal end of the handle comprises a concave shape including that the contours conform to different arcs, as taught by Chang, to provide a handle that provides advantages during the application of cosmetics including providing a pleasant massaging sensation when the bristles make contact with the skin. In addition, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the handle portion of Godin et al. so that the proximal end of the handle comprises a convex shape and the distal end of the handle comprises a concave shape including that the contours conform to different arcs as an obvious change in shape, design and aesthetic, that the particular shape of the handle portion would not modify the operation or significantly effect the brush. See MPEP 2144.04(IV)B.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 and Chang, US 2020/0154873 as applied to claim 3, in view of Chen, US 6,735,808.
Godin et al. and Chang disclose all elements previously discussed above. Regarding claim 4, Godin et al. fails to disclose that the first set of bristles are coupled to a front surface of the substrate and wherein each grouping of bristles of the second set of bristles is extended through a particular aperture of the plurality of apertures through a rear surface of the substrate prior to the rear surface of the substrate being coupled to the handle portion. It is noted that Godin et al. teach that the plurality of bristles and substrate can couple to the handle in a number of different fastening arrangements (paragraphs [0048], [0051]).
Chen teaches a brush having a handle portion to be grasped by a user (52), a plurality of bristles extending from the handle portion (73, 62), wherein the plurality of bristles comprises a first set of primary bristles (73) and a second set of bristles that form protuberances (62), the plurality of bristles are coupled to a substrate couplable to the handle portion (substrate formed by 7, shown unassembled in Figure 3 and assembled/coupled in Figures 4-8), wherein the substrate includes a plurality of apertures (71, 72), wherein each of the second set of bristles extends through a particular aperture of the plurality of apertures (Figures 3 and 5-7). Regarding claim 4, the first set of bristles are coupled to a front surface of the substrate (via 71, see Figures 3 and 5-7), wherein each of the second set of bristles extends through a particular aperture (72) of the plurality of apertures through a rear surface of the substrate prior to the rear surface of the substrate being coupled to the handle portion (Figures 5-7, column 3 lines 3-13) so that each of the first/primary set of bristles and the second set of bristles can be manufactured separately and then assembled together quickly (column 3 lines 14-22).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the substrate and coupling method of Godin et al. and Chang so that the first set of bristles are coupled to the front face of the substrate and wherein each grouping of the bristles of the second set of bristles are extended through a particular aperture of the plurality of apertures through a rear surface of the substrate prior to the substrate being coupled to the handle portion, as Chen teaches, so that the two separate sets of bristles can be preassembled separately and then fastened together in a quick manner.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 and Chang, US 2020/0154873.
Godin et al. and Chang disclose all elements previously disclosed above. Regarding claim 5, Godin et al. additionally teaches that the plurality of bristles include varying types of bristles including lengths and cross-section shapes (paragraphs [0047], [0050]) and that the bristles of the first set of bristles may be different material than the second set of bristles (paragraph [0067]). Inherently, if the bristles of the first set and second set are different material or cross-section shape then they must have different hardnesses and densities. Godin et al. does not specifically mention that the first and second sets of bristles have different hardnesses and densities.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first set of bristles and second set of bristles of Godin et al. and Chang where they are each formed of different materials and cross-sectional shapes so that they have different hardness and density as it is well known that a different material and shapes would result in different structural characteristics including hardness and density.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 and Chang, US 2020/0154873 as applied to claim 9 in view of Richards, US D836,920.
Godin et al. and Chang disclose all elements previously discussed above. Godin et al. show the bristles being secured to the upper surface but does not disclose or show that a portion of the upper surface is visible after the plurality of bristles is coupled to the upper surface. In Godin et al. it is noted that the bristles (124) can be secured to the upper surface in various ways (paragraph [0048]).
Richards teaches a cosmetic brush similar to that of Godin et al. having bristles with dome-shaped protuberances formed of a secondary set of bristles (see Figures), there is a handle portion with an upper surface (see Figures), the plurality of bristles is coupled to and extend from the upper surface (see Figure 1 in particular). Regarding claim 10, a portion of the upper surface is visible after the plurality of bristles is coupled to the upper surface (at the perimeter of the upper surface, Figure 1). Regarding claim 11, the plurality of bristles is surrounded by a portion of the upper surface after the plurality of bristles are coupled to the upper surface (Figure 1).
[AltContent: textbox (bristles, coupled to the upper surface)][AltContent: arrow]Annotated Figure 1:
[AltContent: textbox (handle portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (portion of an upper surface that is visible)]
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the manner in which the bristles are attached to the upper surface of the handle portion of Godin et al. and Chang so that a portion of the upper surface is visible after the plurality of bristles is coupled, as taught by Richards, so that a outer circumference is exposed to provide a desired design and aesthetic to the brush.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 in view of Chang, US 2020/0154873 and in view of Zeilah, US 2018/0168333.
Regarding claim 12, Godin et al. disclose a brush comprising: a handle portion operable to be grasped by a user (116); and a plurality of bristles extending from the handle portion (124), wherein the plurality of bristles comprises a set of primary bristles (the bristle fibers 124 that are not part of nubs 1010, Figures 10-11) and a plurality of protuberances (1010, Figures 10-11), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal to the handle portion and are provided in a concave arrangement (Figure 10, proximal ends of 124 are provided in a concave arrangement in that the end 130 can be concave, second to last sentence in paragraph [0049], not shown in Figures), wherein the plurality of protuberances comprises an array of dome shaped protuberances (1010, Figures 10-11) arranged on the concave arrangement of the primary bristles (not shown, when end of primary bristles at 130 is concave, see second to last sentence in paragraph [0049]). The brush disclosed in Godin et al. is capable of providing a therapeutic massage depending on its use, see MPEP 2114 that recites: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Godin et al. recognize that the handle of their brush can have various shapes, cross sections, can comprise the ferrule only (paragraphs [0051]-[0052] and Figures 13-18), but does not specifically disclose that a width of the handle is greater than a depth of the handle. Godin et al. fail to disclose that the brush is part of a system that comprises a case.
Chang teaches a massage brush comprising: a handle portion operable to be grasped by a user (10, Figures 1B-1C); a plurality of bristles extending from the handle portion (12, 13), wherein the plurality of bristles comprises a set of primary bristles (13) and a plurality of protuberances provided proximal to the handle portion (12, Figures 1B-1C), and further teaches that a width of the handle portion is greater than a depth of the handle portion (the handle portion 10 in Figure 1C in particular).
Zeilah, regarding claim 12, teaches a system that incorporates a brush (50) comprising a handle portion (50A) and a plurality of bristles (29); and a case (10; Figure 1) operable to actuate between an open configuration (Figure 2) and a closed configuration (Figure 3), wherein the case is operable to receive the brush when the case is in the open configuration (as shown in Figure 1), and wherein the case is operable to house the brush when the case is in the closed configuration (Figure 5). Regarding claim 13, the case includes a plurality of projections operable to receive and align the brush within the case when the case is in the closed configuration (projecting walls of 26 along with the curved opening 19 receive and align the brush handle 50A and thus the brush within the case when it is closed, see Figures 1 and 5). Regarding claim 14, the case includes a hinge (31), the case transitions between the closed configuration and the open configuration about an axis through the hinge (Figures 2 and 4, paragraph [0036]). Zeilah teach that the case prevents the brush from being damaged during storage and is designed to be portable (paragraphs [0009]-[0010]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the handle portion of Godin et al. so that a width of the handle portion is greater than a depth of the handle portion, as taught by Chang, to provide a handle that provides advantages during the application of cosmetics including providing a pleasant massaging sensation when the bristles make contact with the skin. In addition, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the handle portion of Godin et al. so that the proximal end of the handle comprises a convex shape and the distal end of the handle comprises a concave shape including that the contours conform to different arcs as an obvious change in shape, design and aesthetic, that the particular shape of the handle portion would not modify the operation or significantly affect the brush. See MPEP 2144.04(IV)B. Further, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brush of Godin et al. so that it is incorporated as part of a system that additionally includes a case, such as the one taught by Zeliah that is operable to house a brush when the case is in an open configuration and closed configuration so that a user is able to store the brush within the case in order to protect the brush from damage.
Claim(s) 15 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 in view of Chang, US 2020/0154873.
Regarding claim 15, Godin et al. disclose a method of forming a brush comprising: providing a plurality of bristles (bristles 124), wherein at least some of the plurality of bristles extend from a common substrate (112, substrate may also include a fastener or an adhesive, paragraph [0048], ferrule 112 couplable to handle, paragraph [0051]) and the plurality of bristles comprises a set of primary bristles (the bristle fibers 124 that are not part of nubs 1010, Figures 10-11) and a plurality of protuberances (1010); providing a handle portion (116); and coupling the plurality of bristles to the handle portion (via ferrule 112, may include grooves, a fastener or an adhesive, paragraph [0048]), wherein proximal ends of at least one of the primary bristles and the plurality of protuberances are provided proximal to the handle portion and are provided in a concave arrangement at least when the substrate is coupled to the handle portion (Figures 10-12 and proximal ends of 124 are provided in a concave arrangement in that the end 130 can be concave, second to last sentence in paragraph [0049], not shown in Figures; substrate includes 112 and/or fastener and/or adhesive, paragraph [0048]). Regarding claim 17, the substrate includes a plurality of apertures (not shown, described in paragraph [0048] as grooves that extend into face 350 of the ferrule 112), and wherein each grouping of bristles of the second set of bristles is extended through a particular aperture of the plurality of apertures (paragraph [0048], describes all brush fibers as secured within the grooves). Regarding claim 18, the first set of bristles are coupled to a front surface of the substrate (bristles 124 coupled to substrate 112). Regarding claim 19, the substrate is coupled to the handle portion via an adhesive positioned between the substrate and the handle portion (paragraph [0048]).
Godin et al. fails to disclose that the substrate is in communication with an interior portion of the handle portion (claim 15) and that the substrate includes apertures so that each of the groupings of first or second sets of bristles extend through the apertures (claims 17-18).
Regarding claim 15, Chang discloses a method of forming a brush comprising: providing a plurality of bristles (bristles 12, 13, 131, 132), wherein at least some of the plurality of bristles extend from a common substrate (substrate of the base 11 or alternatively 22, 23, see Figures), wherein the plurality of bristles comprises a set of primary bristles (13 or 231) and a plurality of protuberances (12 or 232); providing a handle portion (10, 20); and coupling the plurality of bristles to the handle portion by providing the substrate in communication with an interior portion of the handle portion (bristles 12 and 13 coupled by molding to base 11 that is secured to the handle portion 10, paragraph [0026]; the substrate forming base 11 extends from a perimeter to a central interior portion that covers the handle portion 10 in Figures 1B-1C; bristles 231 or 232 are coupled to base 22, 23, paragraph [0031], the substrate extends from a perimeter to a central interior portion and also extends within the handle portion). Regarding claims 17-18, the substrate includes apertures so that each of the groupings of first or second sets of bristles extend through the apertures (through holes 222, paragraphs [0031]-[0032], Figures 4A-4B).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of forming a brush of Godin et al. so that the substrate is in communication with an interior portion of the handle portion and that the substrate includes apertures so that each of the groupings of first or second sets of bristles extend through the apertures, as taught by Chang, as an effective way of securing a plurality of bristles to a brush handle portion.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Godin et al., US 2020/0138177 and Chang, US 2020/0154873 as applied to claim 15 in view of Richards, US D836,920.
Godin et al. and Chang disclose all elements previously discussed above. Godin et al. show the bristles being secured to the upper surface but does not disclose or show that a portion of the upper surface is visible after the plurality of bristles is coupled to the upper surface. In Godin et al. it is noted that the bristles (124) can be secured to the upper surface in various ways (paragraph [0048]).
Richards teaches a cosmetic brush similar to that of Godin et al. having bristles with dome-shaped protuberances formed of a secondary set of bristles (see Figures), there is a handle portion with an upper surface (see Figures), the plurality of bristles is coupled to and extend from the upper surface (see Figure 1 in particular). Regarding claim 20, a portion of the upper surface is visible after the plurality of bristles is coupled to the upper surface (at the perimeter of the upper surface, Figure 1) and the plurality of bristles is surrounded by a portion of the upper surface after the plurality of bristles are coupled to the upper surface (see annotated Figure 1 previously presented).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the manner in which the bristles are attached to the upper surface of the handle portion of Godin et al. and Chang so that a portion of the upper surface is visible after the plurality of bristles is coupled, as taught by Richards, so that a outer circumference is exposed to provide a desired design and aesthetic to the brush.
Response to Arguments
Applicant's arguments filed 4 May 2026 have been fully considered but they are not persuasive.
The applicant argues that with regards to Chang, that it does not recite the device of claim 15. The examiner respectfully disagrees and maintains that Chang recites all of the features recited in claim 15 and notes that the applicant has not pointed to any specific limitations or aspects that Chang does not anticipate. Note that in Chang, the common substrate (11) is in communication with an interior portion of the handle portion (the interior as facing inwardly from an outer perimeter, or alternatively, an interior surface of 10 that is covered by substrate 11).
Applicant’s arguments, filed 4 May 2026, with respect to the rejection(s) of claim(s) as being anticipated by Godin et al. have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made by Godin et al. in view of Chang, US 2020/0154873 or Richards, US D836,920.
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 Laura C Guidotti whose telephone number is (571)272-1272. The examiner can normally be reached typically M-F, 6am-9am, 10am-4:30pm.
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/LAURA C GUIDOTTI/Primary Examiner, Art Unit 3723
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