DETAILED CORRESPONDENCE
Note: This office action is in response to communication filed on 11/08/2025.
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 .
Status of Claims
Claims 1-14 are pending in the application.
Claims 12-14 withdrawn from consideration.
Claims 1-11 are examined on the merits.
Response to Arguments
Applicant’s arguments filed on 11/08/2025 have been fully considered, but they are not found persuasive.
With respect to the claim rejection(s) under 35 U.S.C. § 103 of amended claim 1, Applicant argues that Kim (KR 20220088821) does not disclose a reusable multi-chamber pressure vessel because when the device of Kim is activated by pushing down the upper container 10, the upper container 10 cannot be used again. Applicant’s argument is not found persuasive. First, the “reusable multi-chamber pressure vessel” is not positively recited/required by claim 1. Second, Applicant is setting forth the intended use of the claimed multi-chamber pressure vessel which does not add patentable weight to the structural limitations of the multi-chamber pressure vessel (See MPEP §§ 2114 II and 2115). Third, the device of Kim is capable of being reusable until all solution inside the device is used up. Thus, the device of Kim is a reusable multi-chamber pressure vessel.
Applicant argues that Kim in view of Yi and Cronin does not disclose the chambers are capable of containing internal pressures of at least 35 psi because Cronin does not mention about the strength of the materials for making the containers and the container of Yi does not generate internal pressure after activating. Since the materials disclosed/suggested by Cronin are the same as the materials that are capable of sustaining internal pressures of 35 psi to 60 psi disclosed by Applicant in ¶0013 of Applicant’s specification), Kim in view of Cronin discloses the chambers are capable of containing internal pressures of at least 35 psi. Furthermore, Yi is applied to teach the limitation “the closed end of the dispensing chamber comprising at least one exit aperture”. Examiner does not apply Yi to teach “the chambers are capable of containing internal pressures of at least 35 psi”. Thus, Kim in view of Yi and Cronin discloses the claimed invention.
With respect to the claim objection(s), applicant’s amendment(s) to the claim(s) has/have overcome the objection(s).
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 is/are rejected under 35 U.S.C 103 as being unpatentable over Kim (KR 20220088821) in view of Yi (KR 200458646) and Cronin (US PGPUB 20060118435).
Regarding claim 1, Kim discloses a multi-chamber pressure vessel for dispensing a skin treatment solution (a dispenser: pg. 2, lines 15-18; and Figs. 1-7) comprising:
a generally cylindrical activation chamber open at a first and a second end (an inner cap 30 that opens at a first end and a second end: pg. 2, line 9; and Figs. 5-7); an activator storage element attached to the activation chamber by a structure with apertures that allow passage of liquid entering the activation chamber from its first end (a plurality of openings 36 formed at the first end of the inner cap 30 and is capable of allowing passage of liquid entering the inner cap 30 from its first end: pg. 2, lines 54-55 and Figs. 5-7);
a liquid container chamber (an upper container 10 stores cosmetic liquid: pg. 2, line 14 and Figs. 1-2) removably attached to the first end of the activation chamber (removably attached by a connection part 20: pg. 2, lines 12-13, 34-35; and Figs. 2-4), comprising a generally cylindrical pressure vessel with an open end and a closed bottom (Figs. 1-4); and
a chamber (a lower container/chamber 40: pg. 2, lines 8-14; and Figs. 1-4), removably attachable to the second end of the activation chamber (removably attached by a connection part 20: pg. 2, lines 12-13, 34-35; and Figs. 2-4), having an open end and a closed end (Figs. 2-4);
wherein the chambers are attachable with connections (a connection part 20: pg. 2, lines 34-35; and Figs. 2-4).
Kim does not disclose the dispenser is reusable; however, a person having ordinary skill in the art would have understood that the dispenser of Kim is capable of being reusable until all solution inside the dispenser is used up.
Kim does not disclose the closed end of the dispensing chamber 40 comprising at least one exit aperture.
In the same field of endeavor, container for skin treatment solution, Yi discloses a cosmetic container 100 comprising a pack container 130 and a liquid container 110 (pg. 2, lines 40-43; and Fig. 4). Kim further discloses the liquid container 110 comprising at least one exit aperture (a take-out unit/portion 111: pg. 2, lines 42-50; and Figs. 3-5) for the benefit of extracting liquid cosmetics (pg. 2, lines 16-19).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the multi-chamber vessel of Kim in view of Yi by incorporating at least one exit aperture at the closed end of the lower chamber, in order to extract/withdraw liquid in the lower chamber, as suggested in pg. 2, lines 16-19 of Yi.
Kim/Yi does not disclose the chambers are capable of containing internal pressures of at least 35 psi and the chambers are attachable with connections that stop leakage of liquid contents under at least 35 psi of pressure.
In the same field of endeavor, multi-chamber container, Cronin discloses a multi-chamber container comprising a container main body providing a first chamber for holding a liquid and a container cap mounted at the opening of the container main body (¶0011 and Fig. 5). Cronin further teaches components of the multi-chamber container made of materials such as Low Density Polyethylene (LDPE), High Density Polyethylene (HDPE), or Polypropylene (PP) (¶0055; wherein the taught materials are the same as the materials that are capable of sustaining internal pressures of 35 psi to 60 psi disclosed by Applicant in ¶0013 of Applicant’s specification) as they are FDA approved materials for manufacturing containers (¶0055).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified multi-chamber vessel of Kim/Yi in view of Cronin by selecting Low Density Polyethylene (LDPE), High Density Polyethylene (HDPE), or Polypropylene (PP) as the materials of the chambers, as suggested in ¶0055 of Cronin and as it has been held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP § 2144.07). Since the chambers of Kim/Yi in view of Cronin are made of the same materials as the materials of the claimed chambers, the chambers of Kim/Yi in view of Cronin are capable of containing internal pressures of at least 35 psi and stopping leakage of liquid contents under at least 35 psi of pressure.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claim(s) 2-11 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 2, Kim does not disclose the open end of the liquid container chamber and the first end of the activation chamber have matching buttress threads. Examiner did not find any teachings/motivations to modify the first end of the activation chamber and the open end of the liquid container chamber to incorporate matching buttress threads because the activation chamber (30) of Kim is configured to be seated on an open upper portion of the lower/dispensing container (40) and the open end of the liquid container chamber (10) is configured to be hung on a jaw (24) at a connecting portion (20). In addition, there is not an apparent/obvious reason/motivation for this modification as this modification increases the complexity of the system in the prior art in terms of structure, function, and design (See MPEP §2143.01 (IV)).
Therefore, claim 2 and its dependent claims 3 and 5-10 are deemed novel and non-obvious over the prior art of record.
No other prior art fairly suggests the claimed invention in whole or in part, along with teachings/motivations for combining to render the claimed invention obvious.
Regarding claim 4, Kim does not disclose the open end of the dispensing chamber and the second end of the activation chamber have matching buttress threads. Examiner did not find any teachings/motivations to modify the second end of the activation chamber and the open end of the dispensing chamber to incorporate matching buttress threads because the activation chamber (30) of Kim is configured to be seated on an open upper portion of the lower/dispensing container (40). In addition, there is not an apparent/obvious reason/motivation for this modification as this modification increases the complexity of the system in the prior art in terms of structure, function, and design (See MPEP §2143.01 (IV)).
No other prior art fairly suggests the claimed invention in whole or in part, along with teachings/motivations for combining to render the claimed invention obvious.
Regarding claim 11, Kim does not disclose the open end of the liquid container chamber and the first end of the activation chamber have matching buttress threads and the open end of the dispensing chamber and the second end of the activation chamber have matching buttress threads. Examiner did not find any teachings/motivations to modify the first end of the activation chamber and the open end of the liquid container chamber to incorporate matching buttress threads because the activation chamber (30) of Kim is configured to be seated on an open upper portion of the lower/dispensing container (40) and the open end of the liquid container chamber (10) is configured to be hung on a jaw (24) at a connecting portion (20). In addition, the connecting portion (20) and the lower/dispensing container (40) have matching buttress threads (Figs. 2-4). Thus, there is not an apparent/obvious reason/motivation for this modification as this modification increases the complexity of the system in the prior art in terms of structure, function, and design (See MPEP §2143.01 (IV)).
No other prior art fairly suggests the claimed invention in whole or in part, along with teachings/motivations for combining to render the claimed invention obvious.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHU Q TRAN whose telephone number is (571)272-2032. The examiner can normally be reached Monday-Thursday 8:00-5:00 (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SARAH AL-HASHIMI can be reached on (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NHU Q. TRAN/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781