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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/8/25 has been considered by the examiner. It is noted one of the documents have been lined through since this document is a U.S. Patent Application Publication but it is listed in the U.S. Patents section of the IDS. The lined through document will be made of record via the attached PTO form 892.
Abstract
The abstract of the disclosure is objected to because:
Phrases that can be implied, such as “There is provided a device”, “The device comprises” (see line 1), “The device also comprises” (see lines 2 and 5) should not be present therein; and
The abstract should be submitted on a separate sheet with no other verbiage thereon.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to because:
Reference character 29 (see page 15, line 7) is not present in any of the drawings; and
In Figure 2, it appears reference character 55 should be deleted since the specification indicates reference character 55 is directed to protuberances on the head 5 (see page 15, lines 22-23 and Figure 1) while Figure 2 shows reference character 55 as being directed to the applicator 7.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
On page 16, line 20, “inlet entry 1” should be “inlet entry 15”.
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 3, 4 and 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.
In regard to claim 3, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are intended to limit the claim. See MPEP § 2173.05(d).
In regard to claim 4, term “substantially” (see lines 2 and 4) is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In regard to claim 19, the phrase "such as" (see line 2) renders the claim indefinite because it is unclear whether or not the pressure sensor is part of the claimed invention. See MPEP § 2173.05(d).
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claims 1-9 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tice (U.S. Patent 4,889,441).
In regard to claim 1, the Tice reference discloses a device for dispensing and applying lotion (see column 1, lines 6-11), the device comprising:
a body 11, the body being resiliently deformable (see column 3, lines 44-47) and defining a receptacle for storing lotion therein;
a head 13, 14 having defined therein one or more apertures 17 extending over an area defining a rigid first surface of the head, wherein the body and the head are connected such that a fluid connection exists between the receptacle and the one or more apertures of the head; and
an absorbent applicator 20 capping the rigid first surface of the head.
In regard to claim 2, the head defines a cavity 24, the cavity being part of the fluid connection between the receptacle and the one or more apertures.
In regard to claim 3, the rigid first surface of the head defines a shape configured to facilitate the application of lotion from the absorbent applicator onto a person.
In regard to claim 4, at least a region of the first surface of the head defines a substantially concave profile in a first direction (viewing Figure 2, the portion of the first surface of the head that is below the lowermost aperture 16 has a concave profile).
In regard to claim 5, the one or more apertures is a plurality of apertures 17.
In regard to claim 6, a lotion valve 26 is between the body and the head wherein the lotion valve has a first configuration, in which first configuration passage of lotion from the body to the one or more apertures via the fluid connection is restricted or prevented, and a second configuration, in which second configuration lotion may pass from the body to the one or more apertures via the fluid connection.
In regard to claims 7 and 8, the absorbent applicator is formed from a flexible porous material (i.e., close meshed fabric or spongy plastic, see column 3, lines 12-17).
In regard to claim 9, the stretchable material used to make the absorbent applicator defines an “engagement means” which serves to retain in place the absorbent applicator capping the rigid first surface of the head.
In regard to claim 14, the Tice device includes “carrying means” 16 with which the device may be carried.
Claims 1-3, 6-10 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Niles (U.S. Patent 4,553,871).
In regard to claim 1, the Niles reference discloses a device for dispensing and applying a fluid, the device comprising:
a body 10, the body being resiliently deformable (see column 2, lines 24-25) and defining a receptacle for storing fluid therein;
a head 14, 16 having defined therein one or more apertures (the aperture being defined where channel 24 enters into reservoir 18) extending over an area defining a rigid first surface of the head, wherein the body and the head are connected such that a fluid connection exists between the receptacle and the one or more apertures of the head; and
an absorbent applicator 22 capping the rigid first surface of the head.
It is noted statements of intended use, i.e., “for dispensing and applying lotion” do not lend any patentable structure to the claim. Further, the Niles device is considered to be capable of dispensing and applying lotion should a user so choose to employ the device.
In regard to claim 2, the head defines a cavity 24, the cavity being part of the fluid connection between the receptacle and the one or more apertures.
In regard to claim 3, the rigid first surface of the head defines a shape configured to facilitate the application of lotion from the absorbent applicator onto a person.
In regard to claim 6, a valve (see column 2, lines 32-39) is between the body and the head wherein the lotion valve has a first configuration, in which first configuration passage of lotion from the body to the one or more apertures via the fluid connection is restricted or prevented, and a second configuration, in which second configuration lotion may pass from the body to the one or more apertures via the fluid connection.
In regard to claims 7 and 8, the absorbent applicator is formed from a flexible porous material (i.e., flexible open cell plastic foam, see column 2, lines 40-41).
In regard to claim 9, engagement means 32 which serves to retain in place the absorbent applicator capping the rigid first surface of the head.
In regard to claim 10, the engagement means 32 comprises a clamp with first cooperating means which engage with second cooperating means on the head (see Figure 3).
In regard to claim 18, the device comprises a mirrored surface 34.
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 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Tice in view of Doherty (U.S. Patent 5,758,984).
In regard to claims 11-13, although the Tice reference does not disclose an air inlet at the distal end of the receptacle for allowing air to enter the body such that the body can return to its original shape after being squeezed, as claimed, attention is directed to the Doherty reference which discloses another fluid applicator wherein the body is deformable (at 44) in order to enable user to squeeze the body to dispensing fluid wherein an air inlet 40 at the distal end of the receptacle is employed for allowing air to enter the body such that the body can effectively return to its original shape after being squeezed. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the Tice device can include such an air inlet at a distal end of the receptacle in order to allow air to enter the body such that the body can effectively return to its original shape after being squeezed.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tice in view of Shadduck (US 2020/0205552, as cited by the Applicant).
In regard to claims 19 and 20, although the applicator disclosed in the Tice reference does not include a switch in the form of a sensor connected to an indicator, as claimed, attention is directed to the Shadduck reference, which discloses another applicator for applying product to the skin of a user wherein the applicator includes a switch in the form of a sensor for activating an indicator in order to relay information to the user (see paragraph 0089). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the Tice device can include such a switch/indicator arrangement in order to to relay information to the user.
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Niles in view of Tavares da Silva (US 2206/0018703).
In regard to claims 15-17, although the Niles reference does not disclose a cap configured to be removably retained the head wherein the cap provides a stand on which the device can be stood and includes a sealing element for sealing the receptacle, as claimed, attention is directed to the Tavares da Silva reference, which discloses another fluid applicator wherein a cap 5 is configured to be removably retained on a head 17 of the applicator wherein the cap provides a stand on which the device may be stood (the device being capable of being stood on surface 31 of the cap, see paragraph 0058, lines 1-3) and wherein the cap comprises a sealing element 35 for sealing an internal receptacle when the cap is retained on the head in order to enable the device to be sealed when not in use and stored using the cap as a stand. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the Niles device can include such a cap including a sealing element and providing a stand on which the device may be stood in order to enable the device to be sealed when not in use and stored using the cap as a stand.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Hall and Scanlon references are cited as being directed to the state of the art as teachings of other applicators having a concave application surface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DJW
7/28/26
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754
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