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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/27/2026 has been entered.
Specification
The attempt to incorporate subject matter into this application by reference to provisional application number 62/890,565 is ineffective because the reference document is not clearly identified as required by 37 CFR 1.57(c)(2)). It should refer to non-provisional Application number 16/947,933 or an associated U.S. patent or U.S. patent application publication number for proper identification.
Claim Objections
Claims 2, 4, 10, and 12 are objected to because of the following informalities:
Claims 2 and 12 each recite “liquid product” (in line 4 of claim 2, and lines 23-24 of claim 12) after positively reciting “a liquid product” (in line 3 of claim 1, and line 1 of claim 12). For clarity, each claim should read --the liquid product-- or similar.
Claim 4 recites “to facilitate removably attach” in lines 3-4, but should read --to facilitate removably attaching-- or similar.
Claim 10 contains an extraneous word, “least” in line 3.
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.
Claim 15 is 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.
The claim is dependent upon claim 14, which was cancelled. For purposes of examination only, the claim will be interpreted as being dependent upon claim 12, in accordance with Examiner’s best understanding.
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 12, 15-17, 20, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2023/0022130).
Regarding claim 12, Lee et al. disclose a cartridge (110 with 130; see Figs. 3-4; see also refill container 200 having equivalent features 210 with 230, but shown with cover 240; Figs. 7-8) containing a liquid product (Paragraph 0036) and configured for use with a bottle (“second set” 120, 140, 150, 160, and 170; Paragraph 0067; Fig. 6) for dispensing the liquid product therefrom, the bottle having a spray pump assembly (150 with 170) comprising a pump engine (150), and a housing (120) configured to removably receive the cartridge (Figs. 5-6), the cartridge comprising:
a body (110/210 with outer portion of 130/230) having a top (113/213) defining an opening (see Fig. 3) and a bottom (112/212; see Figs. 1 and 6), the body defining a reservoir and being configured to be received by the housing of the bottle (Figs. 5-6);
a pump engine adapter (131/231) configured to be received at least in part through the opening and into the reservoir and to be securely affixed to the top of the body (via 132/232, 133/233; Figs. 3-4), the pump engine adapter being configured to receive a portion of the pump engine when the cartridge is received by the bottle (see Fig. 6);
a tube (190/290) disposed within the reservoir (Fig. 6), the tube having a first end having an outlet and being supported by the pump engine adapter and a second end having an inlet in communication with the liquid product contained in the reservoir (Paragraph 0060); and
a neck (outer portion of 130/230, coupled to 113/213; Paragraph 0045; Fig. 3) formed with threads (134/234) being configured for mating with a removable cartridge cover (240) for securing connection therewith (Paragraph 0072), the threads being further configured, when the cartridge cover is removed therefrom, for mating with the bottle for receipt thereby and to facilitate joining the cartridge with the spray pump assembly (cover is removed and neck is joined to 140; Paragraphs 0074-0078; Fig. 8);
wherein the tube and the pump engine adapter provide a continuous path through which liquid product from the reservoir passes through the tube into the spray pump assembly (Paragraph 0060).
Regarding claim 15, Lee et al. further disclose that upon actuation of the pump engine, the liquid product contained in the reservoir is drawn into the tube via the tube inlet, flows through the tube and through the pump engine adapter and into the pump engine, and exits an outlet of the pump engine for dispensing the liquid product (Paragraphs 0055-0056; see Figs. 1-2).
Regarding claim 16, Lee et al. further disclose that the body further comprises a connector portion (outer portion of 130/230 with threads 134/234) disposed at the top and adapted to matingly secure the cartridge to the bottle when the cartridge is received within the housing (Paragraph 0049; see Fig. 6).
Regarding claim 17, Lee et al. further disclose a cover (240) removably connected to the body and disposed over the opening (Figs. 7-8) and adapted to prevent spillage of the liquid personal care product contained in the reservoir prior to installation of the cartridge in a dispenser housing (Paragraphs 0072-0073).
Regarding claim 20, Lee et al. further disclose that the liquid product contained in the cartridge is essentially maintained at atmospheric pressure (dispensing occurs through pressurization of the nozzle to suck liquid from the cartridge; Paragraph 0056).
Regarding claim 22, Lee et al. further disclose that the liquid product is a personal care product (e.g., a cosmetic; Paragraph 0036).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. in view of Alpert (US 2023/0211934).
Regarding claim 1, Lee et al. disclose a dispenser (100) comprising a bottle (“second set” 120, 140, 150, 160, and 170; Paragraph 0067; Fig. 6) and a replaceable cartridge (see above regarding claim 12), the bottle being adapted to removably receive the cartridge and dispense a liquid product contained therein (Paragraph 0049), the bottle comprising:
a housing (120) having a top and a bottom and defining an interior space (Paragraphs 0039-0041; see Fig. 6), the top having an opening (at 122; see Fig. 2); and
a spray pump assembly (150 with 170) comprising a pump engine (150) having an inlet (see annotated Fig. 2 below) and an outlet (171), the pump engine having a tube interface component (see annotated Fig. 2 below);
the cartridge defining a reservoir for containing the liquid product (Paragraph 0036), the cartridge comprising:
a pump engine adapter (131/231) configured to receive the tube interface component when the cartridge is joined with the spray pump assembly (see annotated Fig. 2 below);
a tube (190/290) disposed within the reservoir (see Fig. 6), the tube having a first end supported by the pump engine adapter and defining an outlet, and a second end defining an inlet configured to be in communication with the liquid product contained in the reservoir (Paragraph 0060); and
a neck (outer portion of 130/230, coupled to 113/213; Paragraph 0045; Fig. 3) formed with threads (134/234) being configured for mating with a removable cartridge cover for securing connection therewith (Paragraph 0072), the threads being further configured, when the cartridge cover is removed therefrom, for mating with the bottle for receipt thereby and to facilitate joining the cartridge with the spray pump assembly (cover is removed and neck is joined to 140; Paragraphs 0074-0078; Fig. 8);
the spray pump assembly being configured to attach to the housing, and to detach therefrom (via 140 and 160; Paragraphs 0052, 0054; see Fig. 2); wherein, when the cartridge is joined with the spray pump assembly, the pump engine adapter receives the tube interface component (see annotated Fig. 2 below) and provides a continuous path for the liquid product within the reservoir to pass into and through the tube and into the spray pump assembly and, upon actuation of the pump engine, the liquid product contained in the reservoir is drawn into the tube via the tube inlet, flows through the tube and the tube interface component to the pump engine, and exits the outlet of the pump engine for dispensing of the liquid product for use by a user (Paragraph 0060).
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Fig. 2 of Lee et al., annotated by Examiner
Lee et al. do not disclose that the cartridge is adapted to be received within the interior space of the housing through the top opening. Instead, the cartridge of Lee et al. is disclosed to be received through a bottom opening of the housing.
Alpert teaches a similar dispenser (see the embodiment of Figs. 12-13) having a cartridge (1300) received through a bottom opening of a housing (1301). However, Alpert teaches that the dispenser may also be configured such that a cartridge is received through a top opening of a housing (see Fig. 1, in which cartridge 105 is received in housing 101). Alpert further teaches that housing 101 is attached to closure 102, which includes pump actuator 103, via detents/screw threads 108 (Paragraph 0115).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to configure the device of Lee et al. such that the housing is closed on the bottom and receives the cartridge through the top opening, as taught by Alpert, since Alpert teaches that each configuration is suitable for the intended purpose of enclosing a replaceable cartridge in a bottle. One having ordinary skill in the art would be capable of making such a modification to Lee et al. (e.g., by widening the top opening to attach to 160 via detents/screw threads, as taught by Alpert, rather than attaching to 140) with predictable results. The modified invention would include a spray pump assembly being configured to attach to the housing, and to detach therefrom to facilitate receipt and removal of the cartridge, thus arriving at the claimed invention.
Regarding claim 2, Lee et al. further disclose that the pump engine is spring- biased (Paragraph 0055; see 156 in Fig. 2) and is configured to be actuated by depression of upon a user depressing a spray head (170) provided on the liquid spray pump assembly, thereby causing the pump engine to draw a pre-determined amount of liquid product from the reservoir (Paragraph 0049).
Regarding claims 3-5, Lee et al., modified in view of Alpert as described above, disclose the dispenser of claim 1, and further disclose that:
the housing further comprises a support component (160 with 140 of Lee et al.) adapted to removably attach to the top of the housing (see the modification described above regarding claim 1), the support component having a pump engine support portion (142) adapted to join with and support the liquid spray pump assembly (Paragraphs 0051 and 0056);
the housing includes a threaded circumference at its top, the support component including a first set of threads adapted to mate with the threaded circumference to facilitate removably attaching the support component to the top of the housing (Lee et al. discloses that 120 connects to 140 via protrusions/grooves [see Paragraph 0052], but when modified as described above regarding claim 1, this connection would be replaced by feature 108 of Alpert, which is taught to be a threaded connection between support component 102 and housing 101; when implemented in the device of Lee et al., this would be a threaded circumference on 120 mating with a first set of threads on 160); and
the support component includes a cartridge support portion (141) adapted to mate with and support the threads formed on the neck of the cartridge (Paragraph 0050).
Regarding claim 7, Lee et al. further discloses a protective outer cap (180; Fig. 1) adapted to be removably attached to the bottle to cover the spray pump assembly, thereby protecting an exposed portion of the liquid spray pump assembly including the outlet thereof, and thereby facilitating preventing undesired actuation of the pump engine (Paragraph 0059).
Regarding claim 21, Lee et al. further disclose that the liquid product is a personal care product (e.g., a cosmetic; Paragraph 0036).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. in view of Alpert, as applied to claim 1 above, and further in view of Daigler et al. (WO 2021/148444).
Regarding claim 9, Lee et al.-Alpert in combination disclose the liquid dispenser of claim 1, but do not explicitly disclose a bottom cover attached to and thereby protecting the bottom of the housing.
Daigler et al. teach a similar dispenser (see Fig. 6) having a bottom cover (20) attached to and thereby protecting the bottom of a housing (“Body 12 is received in bottom sleeve 20”; Page 5, line 22; see Fig. 18), the bottom cover having a flat portion to promote stability of the dispenser when placed on a flat surface (bottom surface of 20 is flat; see Figs. 1-3 and 18). Daigler et al. teach this feature for protecting the bottom of the housing (“Sleeve 20 protects the bottom of the bottle from damage such as scuffs, scrapes and denting”; Page 5, lines 22-24).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the combined invention of Lee et al.-Alpert with a bottom cover, as taught by Daigler et al., in order to protect the bottom of the dispenser from damage.
Regarding claims 10-11, Lee et al.-Alpert in combination disclose the liquid dispenser of claim 1, but do not explicitly disclose that at least a portion of the housing is transparent or semi-transparent, whereby at least a portion of the cartridge is visible through the transparent or semi- transparent portion of the housing when received within the interior space.
Daigler et al. teach a similar dispenser wherein a portion of a housing is transparent or semi-transparent (18 is a window in 14 or 12 made of a transparent or translucent plastic; Page 7, line 29 - Page 8, line 8), whereby an outer surface of the cartridge (flaps 108; see Fig. 7) includes one or more indicia (e.g., a color; Page 8, lines 4-5) concerning the liquid product contained therein, whereby with the cartridge is received in the housing, the one or more indicia is visible through the transparent or semi-transparent portion of the housing (108 visible through 18; Page 7, line 31 - Page 8, line 1). Daigler et al. teach that this feature allows a user to identify the cartridge without opening the dispenser (Page 8, lines 3-5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the device of Lee et al., modified as described above by Alpert, with a housing having a transparent or semi-transparent window, and a cartridge having indicia visible through the window, as taught by Daigler et al., in order to allow a user to identify the cartridge without opening the dispenser.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Examiner acknowledges that the amendments dated 1/27/2026 distinguish the instant invention from the device disclosed by Toh et al. and relied upon in the previous Office Action dated 8/27/2025. For clarity of the record, Examiner notes that the prior art of record includes teachings that may be applicable to modify the device of Toh et al. (see below regarding pertinent art not relied upon) in accordance with the amended claims. However, upon further search and consideration in light of the amendments, the claims have now been rejected under 35 U.S.C. 102/103 using the Lee et al. and Alpert references cited above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form. In particular, Abe et al. (JP 5789063) discloses a dispenser and cartridge relevant to the independent claims of the instant application, and Wells (WO 2022/140818) teaches a cartridge having a threaded neck connection that could be applied to other dispensers in the prior art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 April 6, 2026