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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “upper lip” and “lower lip” in claims 1 and 7 must be numerically labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Objections
Claims 1 and 7 are objected to because of the following informalities:
In claim 1, line 1, rephrase “device to cover” to read –device configured to cover--.
In claim 1, line 2, remove the term “potential”.
In claim 1, line 3, rephrase “may be shaped” to read --is shaped--.
In claim 1, line 5, rephrase “may be separate” to read –are separate--.
In claim 1, line 5, rephrase “may or may not blend” to read –blend or not blend--.
In claim 1, lines 7-8, rephrase “to allow” to read –configured to allow--.
In claim 1, line 8, rephrase “the device” to read –the lip device--.
In claim 1, line 9, rephrase “may extend” to read –is configured to extend--.
In claim 1, line 12, rephrase “the said” to read –the--.
In claim 7, line 1, rephrase “to cover” to read –configured to cover--.
In claim 7, line 3, rephrase “may be shaped” to read --is shaped--.
In claim 7, line 5, rephrase “may be separate” to read –are separate--.
In claim 7, line 5, rephrase “may or may not blend” to read –blend or not blend--.
In claim 7, line 7, rephrase “to allow” to read –configured to allow--.
In claim 7, line 9, rephrase “may be used” to read --is used--.
In claim 7, line 10, remove the term “may”.
In claim 1, line 13, rephrase “the said” to read –the--.
In claims 1 and 7, rephrase “where” to read –wherein--.
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 1 and 7 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 claim 1, it is unclear if the terms “a lip covering” in line 3 and 4; “a lip protective device” in line 7; “a lip guard” in line 9; and “a lip device” in line 11 are a double inclusion of the same “A lip protective device” in line 1 or are different structures being introduced. Since Applicant’s Figures 1-2 only show one structure, for Examination purposes rephrase “A lip protective device to cover and protect a user's lips against potential sexually transmitted infections and/or diseases comprising: a. A lip covering, where said invention may be shaped into a full pair of lips; b. A lip covering, where said invention has an upper lip and a lower lip where said ends may be separate and may or may not blend into the corners of a user's mouth; c. A lip protective device, where said invention has an opening flexible enough to allow the user to perform french kissing and/or oral sex, while attached to the lips; d. A lip guard, where said invention may extend beyond a user's lips for total coverage; and e. A lip device, where said invention has a front side and a back side where said back side comprises adhesive to keep the said lip protection invention in place” to read --A lip protective device configured to cover and protect a user's lips against potential sexually transmitted infections and/or diseases comprising: comprising an upper lip and a lower lip whereinare separate andare configured to blend or not blend into [[the]] corners of a user's mouth; flexible opening configured to allow [[the]]a user to perform french kissing and/or oral sex, while attached to the lips; lip protective device is configured to extend beyond a user's lips for total coverage; and in said back side comprises adhesive to keep the [[said]] lip protection device in place--.
In claim 7, it is unclear if the terms “a lip covering” in line 3 and 4; “a lip device” in line 7, 9, and 12 are a double inclusion of the same “A lip device” in line 1 or are different structures being introduced. Since Applicant’s Figures 1-2 only show one structure, for Examination purposes rephrase “A lip device to cover a user's lips for cosmetic and/or sanitary purposes comprising: a. A lip covering, where said invention may be shaped into a full pair of lips; b. A lip covering, where said invention has an upper lip and a lower lip where said ends may be separate and may or may not blend into the corners of a user's mouth; c. A lip device, where said invention has an opening flexible enough to allow the user to speak, eat and/or drink while the device is attached to the lips; d. A lip device, where said invention may be used cosmetically to cover the lips if symptoms of herpes, cold sores, acne, cleft lip, or other lip distortions may exist, or for fun; and e. A lip device, where said invention has a front side and a back side where said back side comprises adhesive to keep the said lip invention in place” to read --A lip device configured to cover a user's lips for cosmetic and/or sanitary purposes comprising: comprising an upper lip and a lower lip wherein are separate and configured to blend or not blend into [[the]] corners of a user's mouth; flexible opening configured to allow [[the]]a user to speak, eat and/or drink while the lip device is attached to the lips; in said lip device is in said back side comprises adhesive to keep the [[said]] lip device in place--.
The term “enough” in claims 1 and 7 is a relative term which renders the claim indefinite. The term “enough” 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. Since the meets and bounds of the term “enough” are not limited; for examination purposes, remove the term “enough” from the claims to improve clarity.
Claim 1 recites the limitation “said invention” in line 3-4, 7, 9, and 11’; “said ends” in lines 4-5; “the corners” in line 5; "the user" in line 8; and “the said lip protection invention” in line 12. There is insufficient antecedent basis for these limitations in the claim. Rephrase “said invention” to read –said lip protective device--. Rephrase “said ends” to read –ends--. Rephrase “the corners” to read –corners--. Rephrase “the user” to read –a user--. Rephrase “the said lip protection invention” to read –the lip protective device--.
Claim 7 recites the limitation “said invention” in line 3-4, 7, 9, and 12; “said ends” in lines 4-5; “the corners” in line 5; "the user" in lines 7-8; and “the said lip invention” in line 13. There is insufficient antecedent basis for these limitations in the claim. Rephrase “said invention” to read –said lip device--. Rephrase “said ends” to read –ends--. Rephrase “the corners” to read –corners--. Rephrase “the user” to read –a user--. Rephrase “the said lip invention” to read –the lip device--.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
7. Claims 1 and 7 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Regarding claim 1, the limitation “blend into the corners of a user’s mouth” in lines 5-6 includes a user’s mouth as a structural component of the invention. For examination purposes, rephrase to read in the alternative/intended use –be configured to blend into corners of a user’s mouth --.
Regarding claim 7, the limitation “blend into the corners of a user’s mouth” in lines 5-6 includes a user’s mouth as a structural component of the invention. For examination purposes, rephrase to read in the alternative/intended use –be configured to blend into corners of a user’s mouth --.
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 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freer et al. (U.S. Patent Pub. No. 20200329849).
Regarding claim 1, Freer discloses a lip protective device 16 (Paragraphs 20, 56-61 and Figure 5, patch 16 forming two shapes upper 16U and lower lip 16L worn on lips and surrounding skin to cover wearer’s lips and surrounding skin when worn with central opening for mouth) configured to cover and protect a user's lips against potential sexually transmitted infections and/or diseases comprising: a full pair of lips16U,16L comprising an upper lip 16U and a lower lip 16L wherein ends (Paragraphs 20, 56-57, separate individual 16U and 16L patches) and are configured to blend (Paragraphs 20, 56-61 and Figure 5, lip patches 16U and 16L may be sized to blend) or not blend (Paragraphs 20, 56-61 and Figure 5, lip patches 16U and 16L may be sized not to blend) into corners of a user's mouth; a flexible opening (Paragraph 61 and Figure 5) configured to allow a user to perform french kissing and/or oral sex, while attached to the lips; wherein said lip protective device is configured to extend beyond a user's lips for total coverage; and a front side (Paragraphs 24-25 and Figure 2C, top surface of layer 18-2) and a back side (Paragraphs 24-25 and Figure 2B, lower/skin-facing surface of layer 18-2 having adhesive thereon) wherein said back side comprises adhesive (Paragraph 25, peeling off liner 18-1 from adhesive of layer 18-2 to expose adhesive to place and keep patch on user’s face) to keep the lip protection device16 in place.
Regarding claim 7, Freer discloses a lip device 16 (Paragraphs 20, 56-61 and Figure 5, patch 16 forming two shapes upper 16U and lower lip 16L worn on lips and surrounding skin to cover wearer’s lips and surrounding skin when worn with central opening for mouth) configured to cover a user's lips for cosmetic and/or sanitary purposes comprising: a full pair of lips 16U,16L comprising an upper lip 16U and a lower lip 16L wherein ends (Paragraphs 20, 56-57, separate individual 16U and 16L patches) and are configured to blend (Paragraphs 20, 56-61 and Figure 5, lip patches 16U and 16L may be sized to blend) or not blend (Paragraphs 20, 56-61 and Figure 5, lip patches 16U and 16L may be sized not to blend) into corners of a user's mouth; a flexible opening configured to allow a user to speak, eat and/or drink while the lip device is attached to the lips; wherein said lip device 16 is used cosmetically to cover the lips if symptoms of herpes, cold sores, acne, cleft lip, or other lip distortions exist, or for fun; and a front side (Paragraphs 24-25 and Figure 2C, top surface of layer 18-2) and a back side (Paragraphs 24-25 and Figure 2B, lower/skin-facing surface of layer 18-2 having adhesive thereon) wherein said back side comprises adhesive (Paragraph 25, peeling off liner 18-1 from adhesive of layer 18-2 to expose adhesive to place and keep patch on user’s face) to keep the lip device16 in place.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chang (US 20230346649 ) teaches a lip device.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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, Alireza Nia can be reached on +1(571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786