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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/11/2025 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 6, “engage the threaded rear opening of the first chamber and a sealed rear end” should be amended as follows: “engage the threaded rear opening of the first chamber, and a sealed rear end”.
Claim 2 is objected to because of the following informalities: in lines 2-3, “and configured to define a plurality of internal stoppers” should be amended as follows: “and
Claim 13 is objected to because of the following informalities:
In line 17, “projecting channels each smaller than then first chamber front end” should be amended as follows: “projecting channels each smaller than the first chamber front end”.
In lines 27-28, “a blunt top and configured to define a plurality of internal stoppers” should be amended as follows: “a blunt top, and . Appropriate correction is required.
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.
Claims 1, 3, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Herzog et al. (US6247586) in view of Inoue (US2005/0257800).
Regarding claim 1, Herzog discloses a modular (Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”; Herzog’s device comprises a plurality of separate parts, as best shown in Figures 1-4, that combine to form a complete whole device for dispensing a fluid), multi-chamber (1, 3) fluid dispenser (“peroxide and hair dye”, refer to the Abstract; 32 is an outlet for dispensing the fluid, refer to Figure 1) assembly, comprising:
a first chamber (2 + 10, see Figure 1) configured to hold a fluid substance (the limitation “configured to hold a fluid substance” is interpreted as a functional/intended use limitation; that is, body 2 + 10, has a hollow interior that is fully capable of and therefore configured to hold a fluid substance therein, when assembled on the device), such first chamber having a front end (top end with respect to Figure 1) defining an opening (not labeled, but is the threaded neck portion at a top of the first chamber, refer to Figure 1) and a rear end (bottom end with respect to Figure 1) defining a threaded (4) rear opening (not labeled but is the opening disposed within threaded portion 4);
a second chamber (3) axially aligned (best shown in Figure 1, wherein the first and second chambers are aligned about an axis passing through a center of both chambers) with the first chamber and configured to hold a fluid substance (“the contents of the containers”, refer to Column 2, lines 33-34, i.e. each of the containers comprise some content therein; and “peroxide as one component, the other…hair dye”, refer to Column 2, line 37-38; where peroxide is a fluid hair dye developer), the second chamber having a front end (top end with respect to Figure 1) defining an opening (not labeled but is the portion bound by threads, 11, best shown in Figure 1) configured to threadedly engage the threaded rear opening of the first chamber (“two individual containers…are connected to each other by way of threads 4, 11”, refer to Column 2, lines 31-32), and a sealed rear end (refer to Figure 1, wherein the rear end/bottom end of the second chamber is depicted as having a closed/sealed end);
a pressure activated (“The lower container…can be screwed against the upper container…in which case the first lower stopper 13 of the sealing plug 5 and then the upper stopper 12 of the sealing plug 5 is ejected”, refer to Column 2, lines 43-46) gate (5) securely disposed between the first and second chambers (refer to Figure 1) operative to selectively permit fluid exchange between the first and second chambers (“The individual components are mixed in a simple manner by screwing in the lower container in the direction of the upper container”, refer to Column 1, lines 47-49); and
an outlet (32) secured within the open front end of the first chamber (refer to Figure 1, wherein a shoulder of the outlet is shown to be disposed within the opening of the first chamber).
Herzog does not disclose that the outlet comprises a plurality of openings defining outwardly-projecting channels. Rather, Herzog discloses a single outlet that defines a single outwardly-projecting channel (see Herzog Figure 1).
Herzog also does not disclose at least one interchangeable applicator removably securable to the outlet in outward-facing axial alignment with the first and second chambers, the applicator defining a plurality of openings corresponding to and mateable with the outwardly-projecting channels of the outlet and configured to receive a mixture of the fluid substances ejected into such applicator via the outlet channels for application to a targeted surface. Rather, Herzog’s device dispenses a mixture of the fluid from the single outlet directly onto a targeted surface.
Inoue discloses a similar dispenser assembly (1, Figures 1-11B), that is used to dispense a fluid onto a user’s hair and/or scalp (“hair care equipment, having a container, which contains…other liquid, and a brush part, from which the liquid can flow out, and being for directly applying the liquid to hair or scalp”, refer to Paragraph [0002]) and is therefore in the same field of endeavor as Herzog, that is the field of devices used for dispensing fluids to a user’s hair and/or scalp. Inoue’s assembly comprises a first chamber (5), having an open front end (52), an outlet (4) secured to the front end (see at least Inoue Figure 2) comprising at least one opening (45, see Figure 3A) that defines an outwardly-projecting channel (“nozzle like protruding parts”, 45, refer to Paragraph [0063] and Figure 3A) configured to receive and direct the fluid contained within the chamber (refer to Figure 3B), and at least one interchangeable (refer to Paragraph [0034]) applicator (3) provided to impart a massaging effect to the user’s scalp during use (refer to Paragraph [0035]), the applicator being removably secured (“since the projection assembly [3] and the supporting body [4] are arranged to be mounted detachably, the arrangement is economical in that just the projection assembly needs to be replaced when the projections become worn, degraded, or broken or when a change to a brush rigidity or projection density of choice is to be performed”, refer to Paragraph [0034], i.e. the applicator/projection assembly is detachable from the outlet and is therefore able to be interchanged with another in order replace a broken applicator or for selecting a different bristle configuration) to the outlet in outward-facing axial alignment with the chamber (refer at least to Inoue Figure 1), the applicator defining a plurality of openings (34) corresponding to and mateable with the projecting channels of the outlet (refer to Figure 3B) and configured to receive the fluid in the chamber (refer to Inoue Figure 3B; additionally refer to Paragraph [0063]), in order to reduce leaking of the fluid at the connection between the chamber and the applicator (“leakage of the liquid can be prevented”, (refer to Paragraph [0063]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Herzog’s kit to comprise at least one interchangeable applicator removably securable to the outlet in outward-facing axial alignment with the first chamber, where the applicator is configured to receive a fluid ejected into such applicator via the outlet for application to a targeted surface, as taught by Inoue, since providing a removable applicator enables the assembly to impart a massaging effect to the user’s scalp during use and further permits a user to select a particular bristle configuration based on a user’s preference.
It additionally would have additionally been obvious to one of ordinary skill in the art before the effective filing date to modify Herzog’s assembly such that the outlet comprises a plurality of openings defining outwardly-projecting channels and the applicator defines a plurality of openings corresponding to and mateable with the outwardly-projecting channels of the outlet, as taught by Inoue, since such a modification provides the advantage of reducing a leakage at the connection between the applicator and the chamber.
Providing Herzog’s assembly to have the outlet comprise a plurality of openings defining outwardly-projecting channels and at least one interchangeable applicator removably securable to the outlet in outward-facing axial alignment of with a first chamber, where the applicator defines a plurality of openings corresponding to and mateable with the outwardly-projecting channels of the outlet, as taught by Inoue, renders the device to be configured such that the applicator is in axial alignment with both the first and second chambers, and is configured to receive a mixture of the fluid substances ejected into such applicator via the outlet channels for application to a targeted surface.
Regarding claim 3, the combination of Herzog and Inoue discloses assembly of claim 1, as applied above. Herzog further discloses the assembly further comprising a removable spacer (17) externally disposed between the first and second chambers and operative to prevent breach of the pressure activated gate and fluid exchange between the chambers (“After the securing ring 17 has been removed from the two-component container 1, the lower container 3 can be screwed further against the upper container 2”, refer to Column 2, lines 57-60).
Regarding claim 8, the combination of Herzog and Inoue disclosed the assembly of claim 1, wherein the dispenser is configured for single use (the limitation “configured for single use” is interpreted as an intended use limitation; that is a user may choose to use the assembly only a single time and then dispose of the assembly afterward, thereby providing a single use assembly).
Regarding claim 10, the combination of Herzog and Inoue discloses the assembly of claim 1, as applied above. Herzog further discloses wherein the pressure activated gate is securely disposed in the front end opening of the second chamber (refer to Herzog Figure 1; the pressure activated gate is described as a sealing plug, and is therefore securely disposed therein in order to act as a seal, refer to Herzog Column 2, lines 47-48).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzog, and Inoue as applied to claim 1 above, and further in view of Capristo (US2005/0211261).
Regarding claim 2, the combination of Herzog and Inoue discloses the assembly of claim 1, as applied above. Herzog further discloses the assembly further comprising a replaceable lid (31) defined by at least one sidewall (vertical threaded walls, refer to Figure 1) extending from a blunt top (blunt convex top surface, refer to Figure 1).
The combination does not disclose wherein the replaceable lid comprises a plurality of internal stoppers configured to align with the plurality of openings in the outlet operative to prevent spillage when in place. Rather, the combination discloses a single internal stopper configured to align with the single opening to prevent spillage (see Herzog Figure 1, wherein the lid 31 comprises a single protrusion on an interior thereof to plug/stop the outlet).
Capristo discloses a similar fluid dispenser assembly (21, Figures 1-9) comprising an applicator (47) and a first chamber (27), the device further comprising a plurality of openings (75) in communication with the applicator (refer to Figure 8). Capristo further discloses a cap (105, Figure 7) comprising a blunt top (refer to Figure 7, wherein the cap is depicted as having a blunt top/rectangular portion at a right-most position of the Figure) with a plurality of stoppers (107) depending from the blunt top for purposes of plugging/stopping each of the plurality of outlets (“teeth 107 each sealingly positioned within one of the…channels”, refer to Paragraph [0065]), where an internal stopper is provided for each respective outlet to selectively close the outlets such that the liquid within the chamber “is prevented from flowing out” of the openings (refer to Paragraph [0065]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog, and Inoue such that the single internal stopper taught by Herzog is duplicated to include a plurality of internal stoppers, one for each outlet, as taught by Capristo, since such a modification provides the advantage of preventing leakage out of assembly.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzog and Inoue as applied to claim 1 above, and further in view of McKay (US5337764).
Regarding claim 4, the combination of Herzog and Inoue discloses the assembly of claim 1, as applied above. The combination does not explicitly disclose wherein the first and second chambers are resilient and compressible.
McKay discloses a similar assembly (Figures 3-5) comprising a first chamber (13), a second chamber (46), a pressure activated gate (40, Figure 5) disposed between the first and second chambers (best shown in Figure 5), and an applicator (10), wherein the first and second chambers comprise liquids to be mixed prior to use in order to apply the mixed liquid to a user’s hair (refer to Column 4, lines 26-30). McKay’s chambers “may optionally be comprised of a resilient or flexible material such that fluid may be squeezed therefrom” (refer to Column 6, lines 50-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog and Inoue such that the first and second chambers are resilient and compressible, as taught by McKay, since such a modification provides the advantage of permitting the liquid to be more easily expelled from the assembly by squeezing out the mixture from the chambers if desired.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzog and Inoue as applied above, and further in view of Licari (US2005/0072442).
Regarding claim 5, the combination of Herzog and Inoue discloses the assembly of claim 1, as applied above. The combination does not thus far disclose wherein at least one of the first and second chambers is at least partially transparent and operative to permit view of a fluid mixture within such chamber.
Licari discloses a similar assembly (30-30n, Figures 1-25) comprising first (32c, Figure 6) and second (92, Figure 6) chambers for housing a fluid (refer to Paragraph [0011]), for dispensing to a user’s hair (refer to the Abstract), wherein at least one of the first and second chambers is at least partially transparent (the chambers may have “optical properties that permit the separation or mixing condition of the components within the container. For example, a transparent container allows the condition of the sealing member 42 to be observed as well as the state of mixing of the components 34 and 35”, refer to Licari Paragraph [0065]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog and Inoue such that the first chamber is at least partially transparent, as taught by Licari, since such a modification provides the advantage of enabling a user to see the interior of the container, thereby permitting the user to determine the level of mixing of the two components. Providing the first chamber to be transparent renders the assembly operative to permit view of a fluid mixture within such chamber.
Regarding claim 6, the combination of Herzog, Inoue, and Licari discloses the assembly of claim 5, as applied above. Per the modification addressed in claim 5, the first chamber was modified to be at least partially transparent, wherein the transparent container acts as a window through which a user may view the contents of the container. The limitation “operative to permit visual observation of a dynamic fluid substance mixture held by such chamber, including changes in appearance indicative of chemical readiness for dispensing” is interpreted as a functional/intended use limitation and the combination of Herzog, Licari, and Inoue discloses a transparent container/window which is structurally capable of, without modification, performing the functional/intended use limitation as claimed.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzog and Inoue as applied to claim 1 above, and further in view of Acierto (US2011/0268490).
Regarding claim 7, the combination of Herzog and Inoue discloses the assembly of claim 1, as applied above. The combination does not thus far disclose wherein at least one of the first and second chambers is opaque.
Acierto discloses an assembly for storing multiple cosmetic compositions and is therefore in the same field of endeavor as the combination of Herzog and Inoue and is therefore analogous art and is therefore similar. Acierto’s assembly comprises a first chamber (122) and a second chamber (134), wherein each of the chambers are configured to store liquid cosmetics (refer at least to the Abstract). The reservoirs may be either transparent (refer to Paragraph [0019]) or opaque (refer to Paragraph [0019]) to “permit…or prevent a user from seeing the contents” of the chambers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog and Inoue such that at least one of the first and second chambers is opaque, as taught by Acierto, in order to prevent a user from seeing the contents of the chambers and/or to minimize light damage to the product contained therein.
Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzog and Inoue as applied to claims 1 and 10 above, and further in view of Baudin (US6021892).
Regarding claim 9, the combination of Herzog and Inoue discloses the assembly of claim 1, as applied above. The combination does not disclose wherein the rear end of the second chamber defines an opening secured by a removable cap.
Baudin discloses a similar assembly (1, 101; Figures 1-4) for holding a fluid substance such as hair dye (refer to Column 1, line 17) have first and second chambers (2a + 61 +62, 2b; Figures 1-4), threadingly engaged with one another (“coupling…the compartments…may have a thread system”, refer to Column 5, lines 7-9), where the rear end of the second chamber defines an opening (12b) secured with a removable cap (14b) in order to permit selective fluid communication between the second chamber and an additional chamber. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog and Inoue such that the rear end of the second chamber defines an opening secured by a removable cap, as taught by Baudin, since such a modification provides the advantage of increasing the flexibility of the assembly by permitting additional, separate fluids to be mixed prior to immediate use.
Regarding claim 12, the combination of Herzog and Inoue discloses the assembly of claim 10, as applied above. The combination does not disclose further comprising at least one additional chamber defining a front and rear opening, configured to align and threadedly engage with the first and second chambers in sequence, and further configured to hold a fluid substance; and for each at least one additional chamber, an additional pressure activated gate securely disposed in the front opening of each additional chamber operative to selectively permit fluid exchange with any other chamber.
Baudin discloses a similar assembly (1, 101; Figures 1-4) for holding a fluid substance such as hair dye (refer to Column 1, line 17) have first and second chambers (2a + 61 +62, 2b; Figures 1-2), threadingly engaged with one another (“coupling…the compartments…may have a thread system”, refer to Column 5, lines 7-9), and where a pressure activated (“further comprises actuator for causing stopper 14 to be ejected…annular zone 18 is formed…to be deformable by axial depression” in order to dislodge gate 14 from an opening 12 disposed between the first and second chambers, refer to Column 5, lines 14-21) gate (16 + 14, Figures 1-2) is disposed between the first and second chambers to prevent the fluid of the chambers from mixing prior to use, similar to that of the assembly of the combination of Herzog, Licari, and Inoue. Alternatively, Baudin discloses an embodiment comprising at least one additional chamber (2c, refer to Figures 3-4) defining a front (12b) and rear (12c) opening, configured to align (refer to Figures 3-4) and threadedly engage (“coupling…the compartments…may have a thread system”, refer to Column 5, lines 7-9) with the first and second chambers in sequence (refer to Figures 3-4), and further configured to hold a fluid substance (refer to Column 1, line 17); and for each at least one additional chamber, an additional pressure activated gate (14b) securely disposed in the front opening of each additional chamber operative to selectively permit fluid exchange with any other chamber (best shown in Figures 3-4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog and Inoue to further comprise at least one additional chamber defining a front and rear opening, configured to align and threadedly engage with the first and second chambers in sequence, and further configured to hold a fluid substance; and for each at least one additional chamber, an additional pressure activated gate securely disposed in the front opening of each additional chamber operative to selectively permit fluid exchange with any other chamber, as taught by Baudin, since such a modification provides the advantage of increasing the flexibility of the assembly by permitting additional, separate fluids to be mixed prior to immediate use.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzog and Inoue as applied to claim 1 above, and further in view of Venere (US2008/0142030).
Regarding claim 11, the combination of Herzog and Inoue disclose the assembly of claim 1, as applied above. The combination does not disclose wherein an outer surface of any of the first and second chambers defines an ergonomic depression as a means for gripping such chambers.
Venere discloses a similar assembly (10, Figures 1-7), comprising a first (14) and second (12) chamber, the first chamber comprising an opening (32) in communication with an outlet (62, Figure 4) and an applicator (60), the first and second chambers being separated by a gate (20), to selectively permit contents of the first and second chambers to selectively mix. The second chamber further comprises an ergonomic depression (refer to Figure 1 wherein second chamber has a concavely curved exterior, thereby providing an ergonomic depression as a means for gripping). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog and Inoue, such that the second chamber has an ergonomic depression, as taught by Venere, since such a modification provides the advantage of preventing a user’s hand from slipping off of the assembly during use.
Claims 13, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Herzog et al. (US6247586) in view of Licari et al. (US2005/0072442) and Inoue (US2005/0257800) and Capristo (US2005/0211261).
Regarding claim 13, Herzog discloses a hair dye kit, comprising:
a modular (Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”; Herzog’s device comprises a plurality of separate parts, as best shown in Figures 1-4, that combine to form a complete whole device for dispensing a fluid), multi-chamber (2 + 10, 3) hair dye dispenser (“peroxide and hair dye”, refer to the Abstract; 32 is an outlet for dispensing the fluid, refer to Figure 1), comprising:
a) a first chamber (2 +10) comprising a first fluid hair coloring agent (“the contents of the containers”, refer to Column 2, lines 33-34, i.e. each of the containers comprise some content therein; and “peroxide as one component, the other…hair dye”, refer to Column 2, line 37-38; where hair dye is a fluid hair coloring agent), such first chamber having a front end (top end, refer to Figure 1) defining an opening (not labeled, but is the necked portion at a top of the first chamber, refer to Figure 1) and a rear end (bottom end, refer to Figure 1) defining a threaded (4) rear opening (not labeled, but is the interior volume bound by threaded region 4);
b) a second chamber (3) comprising a fluid hair dye developer (“the contents of the containers”, refer to Column 2, lines 33-34, i.e. each of the containers comprise some content therein; and “peroxide as one component, the other…hair dye”, refer to Column 2, line 37-38; where peroxide is a fluid hair dye developer), such second chamber axially aligned (refer to Figure 1) with the first chamber and having a front end (top end, refer to Figure 1) and a sealed rear end (bottom end, refer to Figure 1), the front end defining an opening configured to threadedly engage (11) the threaded rear opening of the first chamber;
c) a pressure activated gate (5) securely disposed between the first and second chambers (refer to Figure 1) operative to selectively permit mixing of the first and second fluids between the first and second chambers upon screwing the first and second chambers into one another (“The individual components are mixed in a simple manner by screwing in the lower container in the direction of the upper container”, refer to Column 1, lines 47-49);
d) a removeable spacer (17) operative to prevent breach of the gate until desired (“After the securing ring 17 has been removed…the lower container 3 can be screwed further” refer to Column 2, lines 57-60; and “As the lower container 3 is screwed further...the previously separated components can be mixed”, refer to Column 3, lines 6-13); and
e) an outlet component (32) secureable within the open front end of the first chamber (refer to Figure 1, wherein a shoulder of the outlet is shown to be disposed within the opening of the first chamber) defining an opening (referring to Figure 1, the opening is the hole defined by 32) and configured to receive and direct a mixture of the fluid hair coloring agent and fluid hair dye developer (“the active hair dye is applied through discharge opening 32”, refer to Column 3, lines 14-16, where the active hair dye comprises the mixture of the fluid hair coloring agent and the fluid hair dye developer); and
a replaceable lid (31) defined by at least one sidewall (vertical threaded portion, refer to Figure 1) extending from a blunt top (convex blunted top, refer to Figure 1) and configured to cover the outlet (refer to Figure 1) and an internal stopper configured to align with the opening in the outlet.
Herzog does not disclose the outlet comprising a plurality of openings defining outwardly-projecting channels each smaller than the first chamber front end opening, a plurality of interchangeable applicators comprising at least a bristled brush, a sponge, and a comb, each applicator alternatively, removably securable to the outlet in outward-facing axial alignment with the first and second chambers, each applicator defining a plurality of openings corresponding to and mateable with the projecting channels of the outlet and configured to receive the mixture ejected into such applicator via the outlet channels for application to a targeted surface; or that the replaceable lid comprises a plurality of internal stoppers configured to align with the plurality of openings in the outlet operative to prevent spillage when in place and further configured to cover the outlet and any applicator secured to the outlet. Rather, Herzog discloses a single opening defining a single outwardly-projecting channel, smaller than the first chamber front end opening (see Herzog Figure 1), with a lid that has a single internal stopper (see Herzog Figure 1, wherein the lid 31 is shown to have a single stopper disposed within the channel).
Licari discloses a similar assembly (30-30n, refer to Figures 1-25) comprising first (32c, Figure 6) and second (92, Figure 6) chambers, each of the chambers comprising a fluid, wherein the first chamber further comprises an outlet (74), axially aligned with the first and second chambers (refer to Figure 6), wherein the outlet communicates with an opening (84) in an interchangeable applicator (80, 86, Figures 6-7) such that the interchangeable applicator is removably securable (“snap-attachment” or “Threaded arrangements”, refer to Paragraph [0073]) to the outlet in outward-facing axial arrangement with the first and second chambers, the applicator configured to receive a mixture of the fluid substances ejected into such applicator via the outlet for application to a targeted surface (“A spout 74…communicates with the opening 84 in the applicator”, refer to Paragraph [0074]). Licari provides interchangeable applicators including a brush (82, refer to Figure 6; additionally refer to Paragraph [0073]) and a sponge (88, refer to Figure 7; additionally refer to Paragraph [0073]), each of the applicators comprising a plurality of openings (not labeled, refer to the Cropped and Annotated Licari Figure 6, provided below). Licari further discloses that each applicator is alternatively, removably secured (the limitation “alternatively, removably secured” is interpreted as meaning that a first applicator such as a brush, is removed before a second applicator such as the sponge, is attached, Licari discloses separate and distinct applicators requiring removal of the first applicator before attaching a second applicator), as these types of applicators “may be better suited to apply hair color for different applications such as touch-up, highlighting, coloring facial hair, etc.”, (refer to Paragraph [0060]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Herzog’s assembly to comprise a plurality of interchangeable applicators comprising a bristled brush and a sponge, each applicator alternatively, removably securable to the outlet in outward-facing axial alignment with the first and second chambers, each applicator defining a plurality of openings configured to receive a mixture ejected into such applicator via the outlet channel for application to a targeted surface, as taught by Licari, since such a modification provides the advantage of enabling the assembly to be better suited for different applications such as touch-up.
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The combination of Herzog and Licari does not disclose the outlet comprising a plurality of openings defining outwardly-projecting channels each smaller than the first chamber front end opening, where each applicator defines a plurality of openings corresponding to and mateable with the projecting channels of the outlet, a comb applicator, or that the lid comprises a plurality of internal stoppers configured to align with the plurality of openings in the outlet operative to prevent spillage when in place and further configured to cover the outlet and any applicator secured to the outlet.
Inoue discloses a similar dispenser assembly (1, Figures 1-11B) for treating a user’s hair and scalp (refer to Paragraph [0002]), the assembly comprising a first chamber (5), having a front end opening (opening defined by 43, see Figure 3A), the chamber comprising a fluid therein (refer to Paragraph [0006]), this fluid fully capable of being a hair dye or hair coloring fluid (“other liquid”, refer to Paragraph [0002]), the assembly comprising an outlet (4, best shown in Figure 3A) secured to the chamber and comprising a plurality of openings defining outwardly-projecting channels (“nozzle like protruding parts”, 45, refer to Paragraph [0063] and Figure 3A), these channels being smaller than a first chamber front end opening (refer to Figure 3A, wherein the channels are depicted as being smaller than the first chamber front end opening), and a comb applicator (3) defining a plurality of openings (34a) corresponding to and mateable with the outwardly-projecting channels (best shown in Figure 3B) of the outlet and configured to receive the fluid contained within the chamber via the outlet channels (“the protruding parts being fitted into the base portions 34a”, refer to Paragraph [0063]) for application to a targeted surface such a user’s hair or scalp, so that “leakage of the liquid can be prevented”, (refer to Paragraph [0063]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog and Licari such that the outlet comprises a plurality of openings defining outwardly-projecting channels, each smaller than the first chamber front end opening, and that the applicator’s plurality of openings correspond to and are mateable with the outwardly-projecting channels of the outlet, as taught by Inoue, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of preventing leakage of the liquid contained within the first chamber at the connection of the applicator.
It would additionally have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of the combination of Herzog, and Licari, to include a comb applicator having a plurality of openings, as taught by Inoue, since such a modification provides the advantage of improving the utility of the kit by providing additional attachments for different uses.
The combination of Herzog, Licari, and Inoue does not disclose that the lid comprises a plurality of internal stoppers configured to align with the plurality of openings in the outlet operative to prevent spillage when in place and further configured to cover the outlet and any applicator secured to the outlet. Rather, the combination discloses a single internal stopper configured to align with the single opening to prevent spillage (see Herzog Figure 1, wherein the lid 31 comprises a single protrusion on an interior thereof to plug/stop the outlet).
Capristo discloses a similar fluid dispenser assembly (21, Figures 1-9) comprising an applicator (47), a first chamber (27), and a plurality of openings (75) in communication with the applicator (refer to Figure 8). Capristo further discloses a cap (105, Figure 7) comprising a blunt top (refer to Figure 7, wherein the cap is depicted as having a blunt top/rectangular portion at a right-most position of the Figure) with a plurality of stoppers (107) depending from the blunt top for purposes of plugging/stopping each of the plurality of outlets (“teeth 107 each sealingly positioned within one of the…channels”, refer to Paragraph [0065]), with the outlets alternating between tufts of bristles of the applicator (refer to Capristo Figure 7), thereby providing a configuration wherein the applicator/bristles are protected/covered by the lid, and the plurality of stoppers and the lid includes a single stopper for each respective outlet, to selectively close the outlets such that the liquid within the chamber “is prevented from flowing out” of the openings (refer to Paragraph [0065]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog, Licari, and Inoue such that the single internal stopper taught by Herzog is duplicated to include a plurality of internal stoppers, one for each outlet, as taught by Capristo, since such a modification provides the advantage of preventing leakage out of the assembly. It would have additionally been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the kit of the combination of Herzog, Licari, Inoue, and Capristo such that the lid covers the outlet and any applicator secured to the outlet, as taught by Capristo, since such a modification provides the advantage of additionally protecting the applicator elements such as bristles, when not in use.
Regarding claim 15, the combination of Herzog, Licari, Inoue, and Capristo discloses the kit of claim 13, as applied above. The limitation “wherein the first and second chambers are washable and refillable” is interpreted as an intended use limitation. The first and second chambers of Herzog, Licari, Inoue and Capristo are threadingly engaged with one another and are therefore separable. Thus, a user may separate the chambers in order to wash them, then subsequently refill them with other liquids or other material as the user so desires.
Regarding claim 16, the combination of Herzog, Licari, Inoue, and Capristo discloses the kit of claim 13, as applied above. The combination does not thus far disclose wherein an outer surface of at least one of the first and second chambers defines an ergonomic depression as a means for gripping such chambers.
Inoue discloses an ergonomic depression (referring to Inoue Figure 7, a recess is disposed at a top left side of chamber, 50) disposed on chamber, 50, this chamber being analogous to the first chamber, where the ergonomic depression is provided as a means for enabling a user to reach areas near a rear of the scalp more easily. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the kit of the combination of Herzog, Licari, Inoue and Capristo such that the first chamber has an ergonomic depression, as taught by Inoue, since such a modification provides the advantage of enabling a user to reach areas near the rear of the scalp more easily.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzog, Licari, Inoue and Capristo, and further in view of McKay (US5337764).
Regarding claim 14, the combination of Herzog, Licari, Inoue and Capristo discloses the kit of claim 13, as applied above. The combination does not thus far disclose wherein the first and second chambers are resilient and compressible.
McKay discloses a similar assembly (Figures 3-5) comprising a first chamber (13), a second chamber (46), a pressure activated gate (40, Figure 5) disposed between the first and second chambers (best shown in Figure 5), and an applicator (10), wherein the first and second chambers comprise liquids to be mixed prior to use in order to apply the mixed liquid to a user’s hair (refer to Column 4, lines 26-30). McKay’s chambers “may optionally be comprised of a resilient or flexible material such that fluid may be squeezed therefrom” (refer to Column 6, lines 50-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of the combination of Herzog, Licari, Inoue and Capristo such that the first and second chambers are resilient and compressible, as taught by McKay, since such a modification provides the advantage of permitting the liquid to be more easily expelled from the assembly by squeezing out the mixture from the chambers if desired.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Herzog et al. (US6247586) in view of Inoue (US2005/0257800) and Venere (US2008/0142030).
Regarding claim 17, Herzog discloses a kit, comprising:
a modular (Cambridge Dictionary defines modular as “consisting of separate parts that, when combined, form a complete whole”; Herzog’s device comprises a plurality of separate parts, as best shown in Figures 1-4, that combine to form a complete whole device for dispensing a fluid), multi-chamber (2 + 10, 3) fluid dispenser (“peroxide and hair dye”, refer to the Abstract; 32 is an outlet for dispensing the fluid, refer to Figure 1), comprising:
a) a first chamber (2 +10) comprising a first fluid hair coloring agent (“the contents of the containers”, refer to Column 2, lines 33-34, i.e. each of the containers comprise some content therein; and “peroxide as one component, the other…hair dye”, refer to Column 2, line 37-38; where hair dye is a fluid hair coloring agent), such first chamber having a front end (top end, refer to Figure 1) defining an opening (not labeled, but is the necked portion at a top of the first chamber, refer to Figure 1) and a rear end (bottom end, refer to Figure 1) defining a threaded (4) rear opening (not labeled, but is the interior volume bound by threaded region 4);
b) a second chamber (3) comprising a second fluid (“the contents of the containers”, refer to Column 2, lines 33-34, i.e. each of the containers comprise some content therein; and “peroxide as one component, the other…hair dye”, refer to Column 2, line 37-38; where peroxide is a fluid hair dye developer), such second chamber axially aligned (refer to Figure 1) with the first chamber and having a front end (top end, refer to Figure 1) and a sealed rear end (bottom end, refer to Figure 1), the front end defining an opening configured to threadedly engage (11) the threaded rear opening of the first chamber;
c) a pressure activated gate (5) securely disposed between the first and second chambers (refer to Figure 1) operative to selectively permit mixing of the first and second fluids between the first and second chambers upon screwing the first and second chambers into one another (“The individual components are mixed in a simple manner by screwing in the lower container in the direction of the upper container”, refer to Column 1, lines 47-49);
d) a removeable spacer (17) operative to prevent breach of the gate until desired (“After the securing ring 17 has been removed…the lower container 3 can be screwed further” refer to Column 2, lines 57-60; and “As the lower container 3 is screwed further...the previously separated components can be mixed”, refer to Column 3, lines 6-13); and
e) an outlet (32) secured within the open front end of the first chamber (refer to Figure 1, wherein a shoulder of the outlet is shown to be disposed within the opening of the first chamber), the outlet comprising at least one opening defining an outwardly-projecting channel (refer to Herzog Figure 1, wherein the outlet 32 is depicted as comprising a single outwardly-projecting channel) configured to receive and direct a mixture of the fluid hair coloring agent and fluid hair dye developer (“the active hair dye is applied through a discharge opening 32”, refer to Column 3, lines 14-16, wherein the active hair dye comprises the mixture of the fluid hair coloring agent and the fluid hair dye developer); and
a replaceable lid (31) defined by at least one sidewall (vertical threaded portion, refer to Figure 1) extending from a blunt top (convex blunted top, refer to Figure 1) and configured to cover the outlet (refer to Figure 1).
Herzog does not disclose at least one interchangeable applicator removably securable to the outlet in outward-facing axial alignment with the first and second chambers, the applicator defining a plurality of openings corresponding to and mateable with the projecting channels of the outlet and configured to receive a mixture of the first fluid and second fluid ejected into such applicator via the outlet for application to a targeted surface; and therefore also does not disclose that the lid covers any applicator secured to the outlet.
Inoue discloses a similar dispenser assembly (1, Figures 1-11B), that is used to dispense a fluid onto a user’s hair and/or scalp (“hair care equipment, having a container, which contains…other liquid, and a brush part, from which the liquid can flow out, and being for directly applying the liquid to hair or scalp”, refer to Paragraph [0002]) and is therefore in the same field of endeavor as Herzog, that is the field of devices used for dispensing fluids to a user’s hair and/or scalp. Inoue’s assembly comprises a first chamber (5), having an open front end (52), an outlet (4) secured to the front end (see at least Inoue Figure 2) comprising at least one opening (45, see Figure 3A) that defines an outwardly-projecting channel (“nozzle like protruding parts”, 45, refer to Paragraph [0063] and Figure 3A) configured to receive and direct the fluid contained within the chamber (refer to Figure 3B), and at least one interchangeable applicator (3) provided to impart a massaging effect to the user’s scalp during use (refer to Paragraph [0035]), the applicator being removably secured (“since the projection assembly [3] and the supporting body [4] are arranged to be mounted detachably, the arrangement is economical in that just the projection assembly needs to be replaced when the projections become worn, degraded, or broken or when a change to a brush rigidity or projection density of choice is to be performed”, refer to Paragraph [0034], i.e. the applicator/projection assembly is detachable from the outlet and is therefore able to be interchanged with another of the same or another of a different bristle configuration to meet a user’s preference or to replace a broken applicator) to the outlet in outward-facing axial alignment with the chamber (refer at least to Inoue Figure 1), the applicator defining a plurality of openings (34) corresponding to and mateable with the projecting channels of the outlet and configured to receive the fluid in the chamber (refer to Inoue Figure 3B), in order to reduce leaking of the fluid at the connection between the chamber and the applicator (“leakage of the liquid can be prevented”, (refer to Paragraph [0063]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Herzog’s kit to comprise at least one interchangeable applicator removably securable to the outlet in outward-facing axial alignment with the first chamber, the applicator configured to receive a fluid ejected into such applicator via the outlet for application to a targeted surface, as taught by Inoue, since such a modification provides the advantage of imparting a massaging effect to the user’s scalp during use.
It additionally would have been obvious to one of ordinary skill in the art before the effective filing date to modify Herzog’s kit such that the outlet comprises at least one opening defining an outwardly-projecting channel configured to receive and direct a fluid and that the applicator defines a plurality of openings corresponding to and mateable with the projecting channels of the outlet, as taught by Inoue, since such a modification provides the advantage of reducing a leakage at the connection between the applicator and the chamber.
The combination of Herzog and Inoue does not disclose that the lid covers any applicator secured to the outlet.
Venere discloses a similar kit (10, Figures 1-7), comprising a first (14) and second (12) chamber, the first chamber comprising an opening (32) in communication with an outlet (62, Figure 4) and an applicator (60). Venere further discloses a lid (18) that covers both the applicator and the outlet (best shown in Figure 4), the lid comprising a protrusion for plugging the outlet, similar to that of the combination of Herzog and Inoue, thereby providing a means for protecting the applicator when not in use. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of the combination of Herzog and Inoue, such that the lid covers any applicator secured to the outlet, as taught by Venere, since such a modification provides the advantage of protecting the applicator when not in use.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Herzog, Inoue, and Venere as applied to claim 17 above, and further in view of McKay (US5337764).
Regarding claim 18, the combination of Herzog, Inoue, and Venere discloses the kit of claim 17, as applied above. The combination does not thus far disclose wherein the first and second chambers are resilient and compressible.
McKay discloses a similar kit (Figures 3-5) comprising a first chamber (13), a second chamber (46), a pressure activated gate (40, Figure 5) disposed between the first and second chambers (best shown in Figure 5), and an applicator (10), wherein the first and second chambers comprise liquids to be mixed prior to use in order to apply the mixed liquid to a user’s hair (refer to Column 4, lines 26-30). McKay’s chambers “may optionally be comprised of a resilient or flexible material such that fluid may be squeezed therefrom” (refer to Column 6, lines 50-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the kit of the combination of Herzog, Inoue, and Venere such that the first and second chambers are resilient and compressible, as taught by McKay, since such a modification provides the advantage of permitting the liquid to be more easily expelled from the assembly by squeezing out the mixture from the chambers if desired.
Regarding claim 19, the combination of Herzog, Inoue, Venere, and McKay discloses the kit of claim 18, as applied above. The limitation “wherein the first and second chambers are washable and refillable” is interpreted as an intended use limitation. The first and second chambers of Herzog, Inoue, Venere, and McKay are threadingly engaged with one another and are therefore separable such that they may be washed. Thus, a user may wash the first and second chambers and refill them with other liquids or any other product that will fit in an interior thereof, as the user so desires.
Regarding claim 20, the combination of Herzog, Inoue, Venere, and McKay discloses the kit of claim 19, as applied above. The combination does not thus far disclose wherein an outer surface of at least one of the first and second chambers defines an ergonomic depression as a means for gripping such chambers.
Venere discloses the second chamber further comprising an ergonomic depression (refer to Figure 1 wherein second chamber has a concavely curved exterior, thereby providing an ergonomic depression as a means for gripping). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the kit of the combination of Herzog, Inoue, Venere, and McKay such that the second chamber has an ergonomic depression, as taught by Venere, since such a modification provides the advantage of preventing a user’s hand from slipping off of the assembly.
Response to Arguments
35 USC 103
Applicant's arguments filed 11/11/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991).
Conclusion
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SARAH WOODHOUSE/Examiner, Art Unit 3772