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 Status
Claims 1-20 are pending.
Claims 10-20 are withdrawn.
Claims 1-9 are examined on the merits herein.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 31-Mar-2026 has been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-9 in the reply filed on 23-Jun-2026 is acknowledged.
Drawings
The drawing/photograph disclosure is objected to because Figures 6A-E, 7, 8, 9A-B, 10-14, 16-24, and 26B-F lack detail or contrast, resulting in indiscernible features.
Specification
The use of the term “LightStone”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The use of the term “HANDCRAFT BLENDS”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claim(s) 1-3, 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sachau et al. (DE102004038285A1, Published: 27-Apr-2006).
In regards to claims 1-3, 7, and 9, Sachau teaches a polymer substrate composition of Example 15 comprising of a silicone PSA matrix containing eucalyptus oil (Paragraph 268).
In regards to claim 8, Sachau teaches that the shape can be altered into the form of an elongated strip (Paragraph 245 and Fig 5).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim(s) 1 and 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sachau as applied to claim 1 above, and further in view of Buggyband (Amazon, 30-Mar-2021).
Sachau teaches a polymer substrate composition comprising of a silicone PSA matrix containing eucalyptus oil with constant release properties as applied to claim 1 discussed above.
In regards to Claims 4-6, Sachau teaches a general goal of the composition is that the polymer substrate can release a diffusion mediated amount of the active ingredient over a long period of time (Paragraph 12).
However, Sachau does not teach a release rate that is constant, the release rate is related to an external stimuli, and the nature of the external stimuli, such as heat, light, moisture, or a mechanical stress.
Buggyband teaches a wearable pest repellent device comprising of a polymer with citronella oil that provides 350 hours of use. Buggyband further teaches that airflow to the device must be allowed because excessive moisture reduces the device’s effectiveness, establishing the release rate relating to external stimulus.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the composition of Sachau such that the release rate of the active ingredient is configured to relate to an external stimulus by applying Buggyband’s teaching that moisture on skin attenuates repellent effectiveness. This represents combination of known prior art elements to yield predictable results with a reasonable expectation of success.
Furthermore, it would have been obvious to a person having ordinary skill in the art to optimize the composition of Sachau to release the active ingredient at a constant rate. Release rate represents a result-effective variable and would have been a matter of routine optimization in order to achieve a constant release rate. For the foregoing reasons, Claims 4-6 are rendered obvious by the teachings of the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WENHAN LI whose telephone number is (571)272-9143. The examiner can normally be reached Monday-Friday 7:30 am-5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ali Soroush can be reached at (571)272-9925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.L./Examiner, Art Unit 1614
/ALI SOROUSH/Supervisory Patent Examiner, Art Unit 1614
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