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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/18/2025 has been entered.
Response to Amendment
This action is in response to Amendments made on 11/18/2025, in which: claim 8 is amended, claims 9-12 remain as filed originally, claims 1-7, 13 are cancelled.
Claim Objections
Claim 8 objected to because of the following informalities:
Regarding claim 8, line 13 states “the the” which should amended to delete the repeated word “the”. 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 8-12 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 8 recites the limitation "the therapeutic material" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
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 8-10, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Bertwell (D326562) in view of Hurwitz (US 2007/0144451).
Regarding claims 8-10, Bertwell discloses a method of grooming an animal comprising; providing a grooming device having a body (body, see figure below), a plurality of grooming elements (grooming elements, see figure below) secured to a bottom side (bottom of device, see figure below) of the body (body, see figure below), an upper peripheral rim (rim or walls of the top portion of the device, see figure below) extending around and above a periphery of the top side (top of device, see figure below) of the body (body, see figure below), said upper peripheral rim (rim or walls of the top portion of the device, see figure below) having a plurality of outer indentations (indentations in the outer sides of the body, see figure below) and a reservoir (reservoir formed in the upper open portion of the device, see figure below) defined as a space (each of the empty spaces formed between the top surfaces, inner top surface walls, and peripheral rim could be used as a reservoir, see figure below) within the upper surface (upper surface of the body, see figure below) of the body (body, see figure below) and a protruding inner sidewall (each of the sidewalls of the outer side surfaces protrude upward from the top side of the body, see figure below) of the peripheral rim (rim or walls of the top portion of the device, see figure below), applying pressure to the device (Fig. 1) against the animal wherein the upper peripheral rim (rim or walls of the top portion of the device, see figure below) deflects in response to the pressure (normal use of the device against the animal) and thereby the upper peripheral rim (rim or walls of the top portion of the device, see figure below) acts as a squeegee to remove liquid from the animal's fur (the upper peripheral rim is capable of acting as a squeegee upon normal use), but does not expressly disclose placing an applicator pad within said reservoir that holds a quantity of the therapeutic material therein, said applicator pad having a lower surface that contacts an upper surface of said body and said applicator pad having an upper exposed surface, absorbing with said applicator pad the therapeutic material in said reservoir; placing a pressure cover over the upper exposed surface of said applicator pad applying pressure to said body said applicator pad, or said pressure cover causing the therapeutic material to be dispensed from the the applicator pad; contacting the animal with the dispensed therapeutic material, said therapeutic material including at least one of a shampoo, conditioner, pheromone or a botanical compound, and wherein said pheromone or a botanical compound has a calming effect on the animal.
Hurwitz discloses a similar grooming device (50) of elastomeric material ([0045]) and placing an applicator pad (59) within said reservoir (53) that holds a quantity of the therapeutic material ([0025] saturated with liquid gel solution containing perfume, fragrance and/or other active compositions including insect repellants, hair-conditioning products, dye compositions, moisturizing ingredients, antibacterial compounds, and the like) therein, said applicator pad (59) having a lower surface (lower surface of element 59) that contacts an upper surface (upper surface of reservoir element 53 of body element 50) of said body (50) and said applicator pad (59) having an upper exposed surface (wherein prior to applying cover element 61, the applicator pad (59) has an upper exposed surface via element 54), absorbing with said applicator pad (59) the therapeutic material ([0025] saturated with liquid gel solution containing perfume, fragrance and/or other active compositions including insect repellants, hair-conditioning products, dye compositions, moisturizing ingredients, antibacterial compounds, and the like) in said reservoir (53); placing a pressure cover (61) over the upper exposed surface (wherein prior to applying cover element 61, the applicator pad (59) has an upper exposed surface via element 54) of said applicator pad (59) applying pressure ([0043] the liquid gel fragrance, perfume and/or other active compositions may be released at will by manually depressing the back cover, which squeezes the porous sponge saturated with the liquid gel fragrance, perfume and/or other active composition, [0057] the liquid gel fragrance, perfume and/or other active composition may be released at any time by the user manually depressing the back cover, even when the brush is not brushing hair or fur, [0060] manual depression of back cover) to said body (50) said applicator pad (59), said pressure cover (61) causing the therapeutic material ([0025] saturated with liquid gel solution containing perfume, fragrance and/or other active compositions including insect repellants, hair-conditioning products, dye compositions, moisturizing ingredients, antibacterial compounds, and the like) to be dispensed from the applicator pad (59); contacting the animal (Abstract) with the dispensed therapeutic material ([0025] saturated with liquid gel solution containing perfume, fragrance and/or other active compositions including insect repellants, hair-conditioning products, dye compositions, moisturizing ingredients, antibacterial compounds, and the like), said therapeutic material ([0025] saturated with liquid gel solution containing perfume, fragrance and/or other active compositions including insect repellants, hair-conditioning products, dye compositions, moisturizing ingredients, antibacterial compounds, and the like) including at least one of a shampoo, conditioner, pheromone or a botanical compound ([0025] saturated with liquid gel solution containing perfume, fragrance and/or other active compositions including insect repellants, hair-conditioning products, dye compositions, moisturizing ingredients, antibacterial compounds, and the like), and wherein said pheromone or a botanical compound ([0025] saturated with liquid gel solution containing perfume, fragrance and/or other active compositions including insect repellants, hair-conditioning products, dye compositions, moisturizing ingredients, antibacterial compounds, and the like) has a calming effect on the animal (claims 12, 13, 14)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Bertwell, by placing an applicator pad within said reservoir that holds a quantity of the therapeutic material therein, said applicator pad having a lower surface that contacts an upper surface of said body and said applicator pad having an upper exposed surface, absorbing with said applicator pad the therapeutic material in said reservoir; placing a pressure cover over the upper exposed surface of said applicator pad applying pressure to said body said applicator pad, or said pressure cover causing the therapeutic material to be dispensed from the applicator pad; contacting the animal with the dispensed therapeutic material, as taught by Hurwitz, for the purpose of providing liquid solutions or gels to the animals body and fur for cleaning, providing fragrances and for health benefits ([0053]).
PNG
media_image1.png
465
659
media_image1.png
Greyscale
PNG
media_image2.png
404
615
media_image2.png
Greyscale
PNG
media_image3.png
524
631
media_image3.png
Greyscale
Regarding claim 12, Bertwell/Hurwitz disclose the invention substantially as set forth above, but do not expressly disclose a height of the upper peripheral rim is between about 75 one-thousandths of an inch to 1 inch and a thickness of the upper peripheral rim is between about 80 to 250 one-thousandths of an inch.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention/application, to contrive any number of desirable ranges for the height and thickness of the peripheral rim in order to provide the device with strength and durability, 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 involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bertwell (D326562) and Hurwitz (US 2007/0144451) in view of Becattini (WO2023/278830).
Regarding claim 11, Bertwell/Hurwitz discloses the invention substantially as set forth above, but does not expressly disclose an upper free edge is tapered to maximize use of the rim as the squeegee.
However, Becattini discloses a similar grooming device (Fig. 1) having an upper free edge (54a) is tapered (62) to maximize use of the rim (rim of element 62) as the squeegee ([0077]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Bertwell, by making an upper free edge of the peripheral rim is tapered to maximize use of the upper peripheral rim as the squeegee, as taught by Becattini, for the purpose of providing a surface that flexes in order to squeegee material from the surface.
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
In response to applicants argument that the prior art of Hurwitz does not teach “the claimed pressure cover. It is also to be noted that the handle 11 and back cover 21 in Hurwitz alone or in combination are not a pressure cover and cannot be used as such”, the examiner respectfully disagrees. The prior art of Hurwitz discloses a body (50) that has a reservoir/cavity (53) with an applicator pad (59) and placing a cover (61) thereon, and applying pressure ([0043] the liquid gel fragrance, perfume and/or other active compositions may be released at will by manually depressing the back cover, which squeezes the porous sponge saturated with the liquid gel fragrance, perfume and/or other active composition, [0057] the liquid gel fragrance, perfume and/or other active composition may be released at any time by the user manually depressing the back cover, even when the brush is not brushing hair or fur, [0060] manual depression of back cover) the cover (61). Therefore, as stated in Hurwitz, pressure is applied to the back cover to release the contents of the pad which meets and teaches the limitations as claimed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AARON M RODZIWICZ/Examiner, Art Unit 3642