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 .
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.
Claims 4 and 6 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention. In claim 4, line 3, “in each of the upper surface of the arms” lacks antecedent basis and lacks basis for one surface of the collective arms. The phrasing should be --by an upper surface of each of the arms--.
In claim 6, line 2, “the internal walls” is inconsistent with claim 1, lines 6-7, “one or more internal walls” and should be --the one or more internal walls--.
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.
Claims 1-4 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumar (7,677,386). Disclosed is a soap holder comprising a holder member (14 alone, or 14 and 40) having a contact surface (top surfaces of 14, see Figures 7-7B) configured to support a bar of soap thereon, a tray member (40 or 42) configured to receive the holder member such that the contact surface of the holder member is located above a base surface (all sections 44 of 40 or 42) of the tray member, wherein the contact surface of the holder member comprises an upper surface of a plurality of arms (18) that extend in an upwardly angular manner from a central point (along the approximate bisector between the two 16s) and the tray member has one or more internal walls (44) that extend below the holder member with each internal wall angled towards an egress hole (at the inner free edges of all sections 44) formed in the base surface of the tray member such that any water entering the soap holder is directed away from the bar of soap and towards the egress hole to be released from the tray member.
As to claim 2, the holder member (14 or 40) is removably supported by the tray member (40 or 42).
As to claim 3, the holder member (14) is formed integrally with the tray member (40).
As to claim 4, the holder member (14 alone, or 14 and 40) comprises three arms (18) extending in a curving angular manner from the central point (along the approximate bisector between the two 16s) and supporting the bar of soap in each of the upper surface of each arm (see Figures 7-7B).
As to claim 7, disclosed is a container member (28) upon which the tray member is mounted.
As to claim 8, the container member (28) comprises a rectangular prism having an open top onto which the tray member (40 or 42) is mounted such that the holder member (14 alone, or 14 and 40) is able to receive the bar of soap during use.
As to claim 9, the container member (28) receives water exiting the egress hole (at the inner free edges of all sections 44) of the tray member (40 or 42) and retains the water therein during use of the soap bar.
As to claims 10 and 11, the container member (28) comprises one or more drainage holes (54, see column 4, lines 35-42), including a removable plug (56). .
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar. Kumar discloses the holder member (14 alone, or 14 and 40) comprises three arms (18) extending in a curving angular manner from the central point (along the approximate bisector between the two 16s) and supporting the bar of soap in each of the upper surface of each arm (see Figures 7-7B). To provide an additional similar arm to act in the manner of the three arms would be merely the duplication of an arm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the soap holder of Kumar with an additional arm as claimed, as such a modification would predictably provide a mere duplication of arms proving nothing new or unobvious over three arms. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. See St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar in view of WO 2014/019823. Kumar discloses the container member (28) comprising a rectangular prism having an open top. Kumar does not disclose a tray member inverted to form a lid for the container member. However, WO 2014/019823 discloses a soap holder (1) where it was known to invert a tray member (3) to form a lid for the container member (2) and the tray member (3) holding the container member. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the soap holder of Kumar with its tray member (40 or 42) inverted in the manner of WO 2014/019823 as claimed, as such a modification would predictably provide a lid for the container member (28).
Claim 6 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles-Bosques, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG