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 Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8-12, 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blackner, US 11122880.
Regarding claim 1 (and likewise claim 18), Blackner discloses: A personal care applicator (Fig. 2, reach device 10) device comprising: a head (Fig. 2, sleave assembly 40) having a rocker assembly (Fig. 2, grip member 32) rotatably disposed within an anchoring scaffold (Fig. 2, sleeve assembly 40); and a rod extending (Fig. 2, hook 36) from the rocker assembly.
Regarding claim 2, Blackner further discloses: the rocker assembly (Fig. 2, grip member 32) comprises a front wall (Fig. 2, second end 28) positioned opposite a rear wall (Fig. 2, first end 26) connected by oppositely disposed sidewalls (Fig. 2, arms 23 and 24).
Regarding claim 3, Blackner further discloses: the body of the rocker assembly extends from a base surface at a distal end to an end surface formed by the front wall, rear wall, and side walls positioned at a proximal end (see Fig. 2).
Regarding claim 4, Blackner further discloses: the rocker assembly comprises a well which extends from a base surface at a distal end to an end surface at a proximal end to receive a container of a personal care composition (see Fig. 2).
Regarding claim 5, Blackner further discloses: the rocker assembly (Fig. 2, grip member 32) comprises at least one protuberance (Fig. 2, pivot 34) to engage with a corresponding groove on the anchoring scaffold, optionally wherein the rocker assembly comprises oppositely positioned protuberances to engage with a pair of corresponding grooves on the anchoring scaffold (Col. 3, line 5, “Pivots 34 may secure sleeve assembly 40 in between handle 22 or more specifically between grip members 32. It should be understood stood that pivots 34 may be able to freely rotate 360 degrees. Pivots 34 may be fasteners such as screws or other suitable fastening means or members. In one embodiment, underneath of each of pivots 34 may be a washer 35. Washer 35 may help facilitate the rotation of each of pivots 34 as sleeve assembly 40 is rotated about pivots 34.”).
Regarding claim 6, Blackner further discloses: the two oppositely positioned protuberances are aligned and form an axis defining the rotational movement of the rocker assembly relative to the anchoring scaffold (see Fig. 2).
Regarding claim 8, Blackner further discloses: the anchoring scaffold is shaped such that it can be ergonomically received in an underarm of a user (see Fig. 2).
Regarding claim 9, Blackner further discloses: the anchoring scaffold comprises a pair of oppositely positioned sidewalls (Fig. 2, holding sleeve 42) having a curved edge located at a proximal end of the anchoring scaffold (see Fig. 2)., optionally wherein the anchoring scaffold further includes crossbars extending between the pair of oppositely positioned sidewalls (Fig. 2, holding sleeve 42 is circular, and each end can be considered to be connected by crossbars via the rest of the circle)..
Regarding claim 10, Blackner further discloses: the crossbars define limits for the axial rotation of the rocker assembly (Col. 3, line 5).
Regarding claim 11, Blackner further discloses: the curved edge is configured to engage with the curvature of an underarm of a user (see Fig. 2).
Regarding claim 12, Blackner further discloses: the sidewalls of the anchoring scaffold comprise grooves positioned to receive the protuberances of the rocker assembly (Col. 3, line 5).
Regarding claim 14, Blackner further discloses: a handle (Fig. 2, connecting hook 36) attached to an end of the rod opposite the head.
Regarding claims 15-17, Blackner anticipates the device of claims 1-6, 8-9, and 11-12, and 18. Therefore, under MPEP 2112.02, Process Claims [R-07.2015], the method of claims 15-17 are also anticipated, and therefore rejected. “Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986)”.
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Blackner in view of Taylor, US 5419646.
Regarding claim 13, the Blackner device discloses the device of claim 1.
Blackner does not explicitly disclose: the rod is movable between a compact configuration and an extended configuration.
Taylor teaches: the rod is movable between a compact configuration and an extended configuration (Fig. 1, hinged extension arm 10).
Therefore, it would have been obvious to one having ordinary skill in the art before the time of filing to utilize the hinged extension arm of Taylor in combination with the device of Blackner, thereby combining prior art elements to achieve a predictable result. The benefit of this alteration is that is allows for the device to be utilized by a larger person needing a longer reach.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
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