Detailed Action
The communications received 04/10/2024 have been filed and considered by the Examiner. Claims 1-20 are pending.
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 .
Examiner’s Note
All limitations pertaining to the nature of the material and paper are understood to be the material/article worked upon by the apparatus which does not further limit the apparatus claims [MPEP 2115].
All limitations pertaining to how the device is used that impart no structure (such as pressing with sufficient force, the wetting of the material/paper, and pressing the material into the one or more holes) are understood to be manners of operating the device which do not distinguish the apparatus claim from the prior art [MPEP 2114(II)].
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“porous element” in claims 1-3, 5-6, 8, 11-12, 14, 17, and 20 which is tied to the structure of a sponge as suggested in pg. 17 of the instant specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 18-19 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.
Claims 18-19 recite the limitation "the first opening". There is insufficient antecedent basis for this limitation in the claim as it is unclear whether this refers to “the opening” or a new opening. For purposes of examination this is understood to refer to “the opening”.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kurokawa (US 2014/0310905) hereinafter KUR.
As for claim 1, KUR teaches a device for wetting and changing texture and density of a material (a fingernail/toenail care sponge) [Abstract], comprising:
a porous element that absorbs and retains liquid, and releases the liquid when pressed (the inner layer of a two layered sponge) [Fig. 2C and 3A area corresponding to #2a; 0092];
a textured piece with one or more holes adjacent to the porous element [Fig. 2C and 3A #5, as it is part of the textured piece but adjacent to the side that is the porous element] that can be pressed with the material onto and compress the porous element with applied force sufficient to release liquid to wet the material (outer part of the sponge) [Fig. 2C and 3A area corresponding to #5a; 0092],
such that a mass of the material is introduced into the one or more holes of the textured piece and against the compressed porous element (via gap) [Fig. 2C and 3A #5],
and wherein the textured piece returns to a relaxed position when not pressed (as part of compressing and expanding of a sponge) [Fig. 5].
As for claim 2, KUR teaches claim 1 and further comprising a container [Fig. 5 #7a; 0104] that encases the porous element and the textured piece, with a first opening through which to add liquid to the porous element and access the material (the opening around #9 of Fig. 3A and 5 used to hold an insert #8a).
As for claim 3, KUR teaches claim 2, further comprising a recession on a surface of the porous element corresponding to the first opening of the container, the recession providing a cavity into which to add liquid and press the material [refer to modified Fig. 3A below].
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As for claim 4, KUR teaches claim 3, wherein the textured piece has a concavity, wherein the concavity aligns with the recession [refer to modified Fig. 3A below].
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As for claim 5, KUR teaches claim 1 and that the textured piece is laminated to the porous element (as part of an overall sponge) [Fig. 2C and 3A #2].
As for claim 6, KUR teaches claim 1 and wherein the textured piece is integrated with the porous element (as part of an overall sponge) [Fig. 2C and 3A #2].
As for claim 7, KUR teaches claim 2 and further comprising a lip extending around the perimeter of the first opening of the container to provide a cavity into which to add liquid and access the material [Fig. 3A #9 area].
As for claim 8, KUR teaches claim 2 and further comprising a rigid or semi-rigid plate adjacent to the porous element, wherein the rigid or semi-rigid plate is also encased by the container [Fig. 3A #8A; 0106].
As for claim 9, KUR teaches claim 2 and further comprising an outer case encasing the container with a second opening aligned with the first opening of the container (the cap with its corresponding opening) [Fig. 3A #15a; 0112].
As for claim 10, KUR teaches claim 2 and a cap aligned with the first opening (the cap) [Fig. 3A #15a; 0112].
As for claim 11, KUR teaches claim 1 and it is understood that the porous element and textured piece are held in place via protrusions [0016] and therefore can be removed and replaced.
As for claim 12, KUR teaches claim 2 and further comprising the container being segmented into one or more compartments by one or more walls [Fig. 3B #24], each such compartment having at least one textured piece, at least one porous element, and at least one first opening (when divided like a pizza, each segment has one of each of the limitations).
As for claim 13, KUR teaches claim 2 and wherein the container is pocket-sized and waterproof (as it is sized in relation to a finger and can hold liquids) [Fig. 3A and 5; Abstract; 0104-106; 0114].
As for claim 14, KUR teaches a device for wetting and changing texture and density of a material (via removing nail polish as a nail/toenail cleaner) [Abstract], comprising:
a porous element that absorbs and retains liquid, releases liquid when pressed [refer to the modified Fig. 3As above];
a container that encases the porous element, with an opening through which to add liquid to the porous element and access the material [see claim 2];
a recession on a surface of the porous element, aligned with the opening of the container [see claim 4];
and an insert that extends through and secures in the opening of the container with a wall adjacent to the contours of the surface of the porous element that forms a textured piece with one or more holes (the inner side of the textured piece), the insert which can be pressed downward with paper onto and compress the porous element with applied force sufficient to release liquid to wet and densify the material [Fig. 2C and 3A the area corresponding to #5a],
such that a mass of the material is introduced into the one or more holes of the textured piece and against the compressed porous element to form textures on a surface of the material, and return to a relaxed position when not pressed [see claim 1].
As for claim 15, KUR teaches claim 14 and further wherein the insert includes one or more sections that folds when at a relaxed position (the divets formed by the interactions with #4 and #24 they are substantially a fold) [Fig. 3B #24 and 4] and unfolds to extend when the insert is pressed upon (as pressing a finger all the way inside is understood to flatten #4 therefore to ‘unfold’ #4) [Fig. 3B and 5 #4].
As for claim 16, KUR teaches claim 14 and wherein the insert includes an elastic element (as it behaves in an elastic manner) [Fig. 3A and 5, refer to modified figures 3A above].
As for claim 17, KUR teaches claim 14 and further comprising a rigid or semi-rigid plate adjacent to the porous element, wherein the rigid or semi-rigid plate is also encased by the container [see claim 8].
As for claim 18, KUR teaches claim 14 and further comprising an outer case encasing the container with a second opening aligned with the first opening of the container [see claim 8].
As for claim 19, KUR teaches claim 14 and wherein the container includes a cap aligned with the first opening [see claim 10].
As for claim 20, KUR teaches claim 14 and further comprising the container being segmented into one or more compartments by one or more walls, each such compartment having at least one textured piece, at least one porous element, and at least one first opening [see claim 12].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Elisa Vera whose telephone number is (571)270-7414. The examiner can normally be reached M-F 8 - 4:30.
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, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.V./Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748