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 .
Response to Arguments
Applicant's arguments filed March 31, 2026 have been fully considered but they are not persuasive.
The claims have not been amended such that all 112 rejections are overcome. See rejections herein.
As to the art rejection based upon Han, applicant states:
Han does not disclose or suggest the feature "wherein the mixing parts comprise a first turning path which guides fluid so as to rotate in one direction, a second turning path which guides fluid so as to rotate in another direction, and a direction conversion path which converts the rotating direction of the fluid between the first turning path and the second turning path" set forth in amended base claim 11.
The examiner disagrees. Han discloses the first mixing part 421 may include a first turning path 4211 which guides fluid so as to rotate in one direction, a second turning path 4212 which guides fluid so as to rotate in the other direction, and a direction conversion path 4213 which converts the rotating direction of the fluid between the first turning path 4211 and the second turning path 4212. (paragraph 0115).
Therefore, arguments are not persuasive and the claims are rejected as given herein.
Drawings
The drawings were received on March 31, 2026. These drawings are unacceptable because the quality of the drawings is insufficient so as to determine what is shown in the drawings.
The drawings are objected to because the quality of the drawings are such that it is unclear what is being represented in figures 1 and 2. There is no labeling nor reference numerals employed in the figures nor legend provided to indicate what distinct features are shown in the drawing. 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 lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
Content of Specification
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i)-(p).
The claimed invention is defined by the positively claimed elements, the structural elements listed on separate indented lines listed in the body of the claim after the transitional phrase, “comprising”.
A claim is only limited by positively claimed elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims”. MPEP 2115 Material or Article Worked Upon by Apparatus.
It is noted that although the claims mention a cosmetic composition, first content, second content, cometic material, and additional first content, but none of such are positively claimed as structural elements of the apparatus (container). All of such are considered as materials intended be, can be worked upon, can be used with the container. None of such materials are required to present nor structurally define the claimed apparatus (container). Furthermore, it is noted that none of the “contents”, cosmetic composition, nor cosmetic material are defined in the claims as being and specific material/state of matter. One can subjectively characterize any composition and material as “cosmetic” as one desires.
It is noted that the “for storing and dispensing…”, “configured to store…”, “configured to mix…”, “to form…”, “configuration that maintains…”, “configured so that…”, “for receiving…”, “configured to alter…”, “promoting mixing”, “can be stored…”, “to form…”, and similar clauses recited throughout the claims do not provide for any further structures nor structural elements, but are directed to intended use and/or process steps. The claims are directed to an apparatus not a process of use. There is no requirement for the claimed apparatus to be used to performed any process steps (storing, dispensing, mixing, flowing, joining, injecting, receiving, overlapping, converging, etc. of anything) with any unclaimed structures or materials, including in any use of the apparatus that may be intended by applicant. The apparatus is defined by the positively claimed structures listed on separate indented lines within the claims, not by any possible use uses of the device.
It is noted that the term “plurality’ and nouns ending in “s” (such as “parts”) only requires 2.
Laminar flow conditions are not structure. As previously stated there is no requirement for the container to be used in a process with anything (unspecified, unclaimed contents) such that any flowing and mixing of anything occurs (forming an unclaimed, unspecified “cosmetic” material/composition) such that a Reynolds number calculation of 1 or less results. The claimed apparatus, container is defined by the positively claimed structural elements listed in the body of the claim not by any process of use nor what Reynold’s number value can be calculated from such use. Here, the structural elements are: a first container defining a space, a second container defining a space, a microfluidic channel having a vertical dimension (not specified as a length of the channel) of 1 mm or less, wherein the microfluidic cannel is in fluid communication with the first and second containers.
It is noted that Reynolds number is not structure, but is a calculation of a dimensionless quantity that helps predict the flow behavior of a fluid, specifically whether it will be laminar (smooth) or turbulent (chaotic). The calculation is made based upon the equation of Reynolds (Re) = (ρ * V * L) / μ where:
ρ (rho): is the density of the fluid
V: is the fluid velocity
L: is a characteristic length (e.g., pipe diameter, chord length of an airfoil)
μ (mu): is the dynamic viscosity of the fluid
As previously stated, the Reynolds number is not structure. Such calculation is based upon unknown values not provided for in the claim including the densities and viscosities of the unclaimed, unknown first content, second content, and cosmetic composition/material, flow velocity of such (also unknown) which is a process step (no “contents” nor cosmetic material are required to be flowed at any velocity through the microfluidic channel nor any other structure); and unknown, unspecified length of the microfluidic channel. Therefore, it is unclear how any Reynolds numbers further structurally limits the invention, a container because is based upon operational conditions/parameters that are not known in this instance. Furthermore, such conditions are never required to be satisfied because the claim is directed to an apparatus not a process of use. Furthermore, there is nothing precluding the invention from being used under conditions to produce a Reynolds number value of greater than 1.
It is noted that claim 11 does not specify what/which cross-section is being referenced in the claim.
As to claim 16, it is noted that no such “interfaces” are positively claimed as structural elements of the invention, required to be formed and as previously stated, no mixing and flowing of the first content and second content is ever required to be performed,
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 11 and 15-16 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.
Claim 11 recites the limitation " the flow velocity of the first content, the second content, and the mixture thereof within the microfluidic channel does not exceed 0.9 m/s during dispensing operation". There is insufficient antecedent basis for this limitation in the claim. Although not structure, no flow velocity has been previously mentioned in the claim. It is noted that none of such first and second content and mixture are positively claimed as structural elements of the invention, not required to be fluids, nor be flowed in nor through the microchannel at any velocity at all during dispensing operation because the claim is directed to an apparatus not a process. No dispensing operation is required to be performed. What applicant intends to occur or could possibly occur during a “dispensing operation”, a process step does not provide for any structure of any prior positively claimed element nor further structural element of the claimed invention. Therefore, it is unclear what is structurally meant, required by the last paragraph of the claim.
Claim 11 recites the limitation "the mixing parts” in the last paragraph. See also claim 15. It is unclear what/which mixing parts is being referenced because claim 11 previously recites “a plurality of mixing part”. If such are the same, then the claims should clearly indicate such by reciting “the plurality of mixing parts”. It is noted that the term “part” is relatively broad, vague, and ambiguous. The term “mixing” does not provide for any structure of the parts, but appears to be directed to an intended use of the parts that is not structurally defined in the claim as being any specific structures. The intended use of the parts relative to unclaimed materials does not provide for any structure of the parts. It is unclear what is required of a part to be considered as a mixing part because the claim does not provide for such. Any part can be named/referenced as a “mixing part”. Any of the microfluidic channel, first and second containers can be considered as “mixing parts”. It is unclear what is the structural nexus, connectivity of the plurality of mixing parts to the first container, second container, and microfluidic channel of claim 11 because the claim does not provide for such.
Claims 15-16 are rejected via dependency upon rejected claim 11.
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.
Claim(s) 11 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1),(a)(2) as being anticipated by Han et al., US 2020/0205545.
Han et al. discloses an apparatus comprising a plurality of containers (first, another first, and second containers) 20, 210, 220, 230, 240 and channel part 40 comprising a channel that connects the containers to each other. (paragraphs 0051-52, 59, 94 Figures 2, 5, 8-11).
Activation of the operative unit 30 (operation unit/pressing part see also pumping part 214) produces pressure, which enables the discharge of the fluids from the containers 20. (discharge part; paragraphs 0052, 67, 82; Figures 3-4).
A cross section of the microfluidic channel (flow path) may be a circle whose diameter is 0.5 mm to 1 mm (cross-sectional dimension). (paragraph 0094).
The channel part includes injection holes 402, 404, 406, 408, 412, a confluence part 410, and three mixing parts 421, 422, 423 (claim 16). See for example figure 5 and the description of such.
The first mixing part 421 may include a first turning path 4211 which guides fluid so as to rotate in one direction, a second turning path 4212 which guides fluid so as to rotate in the other direction, and a direction conversion path 4213 which converts the rotating direction of the fluid between the first turning path 4211 and the second turning path 4212. (paragraph 0115).
As to claim 16, the channel part (channel unit 40) is a flat plate 400 in which the entire channel is inside in a single layer. (paragraph 0093; Figures 2 and 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R GORDON whose telephone number is (571)272-1258. The examiner can normally be reached M-F, 8-5:30pm; off every other Friday..
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, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R GORDON/Primary Examiner, Art Unit 1798
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