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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/26/2026 has been entered.
Response to Amendment
Amendments to the claims, filed on 05/26/2026, are accepted and do not introduce new matter.
Previous 112(b) rejection of claim 13 is overcome by amendment. “The access port” now has proper antecedent basis.
Claims 9, 11-15 and 17-18 are pending; claims 1-8, 10 and 16 are cancelled.
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.
Claim 9, 11-15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kazazian (U.S. 8,082,754) in view of Hui et al (U.S. 2017/0275060).
Regarding claim 9, Kazazian teaches an earring (14), comprising:
a body including a reservoir (main body 2, which includes a reservoir, as seen in Figs 6-7), an atomizer (spray mechanism 4); wherein the atomizer is coupled to the reservoir (as seen in Figs 6-7); and
an attachment element (ear fastener 12) extending from a top of the atomizer and configured to be attached to an ear of a user (as seen in Figs 6-7 and disclosed in col 3, line 11, the fastener is disclosed as an ear fastener; thus it is configured to be attached to the ear of a user.
However, Kazazian does not teach the body including an access port, wherein the access port extends into the reservoir through which the liquid is dispensed into the reservoir; wherein the atomizer is configured to, when compressed, reduce a liquid stored in the reservoir into a spray; wherein the earing comprises a cap releasably coupled to the body covering the atomizer; and wherein the atomizer is movable between a closed state, in which the atomizer is at least partially covered by the cap to prevent compression of the atomizer, and an open state, in which the atomizer is at least partially exposed by the cap to permit compression of the atomizer.
Hui teaches a perfume dispenser [thus, it is reasonable pertinent to Kazazian] that comprises an atomizer (135) and a body (107) including a reservoir (160) and an access port (181), wherein the access port extends into the reservoir through which the liquid is dispensed into the reservoir (as seen in Fig 1C and Par 0078, the access port 181 allows for liquid to flow into the reservoir in order to refill it); wherein the atomizer is configured to, when compressed, reduce a liquid stored in the reservoir into a spray (Par 0067 discloses the cap used to prevent the atomizer from being pressed down in order to avoid unwanted actuation, meaning when the atomizer is meant to be activated and the cap is removed, the atomizer is pressed, i.e. compressed, which in turn moves the liquid in the reservoir upwards via tube 190 an into the atomizer to be turned into a spray – Par 0072, Par 0067 also discloses the dispenser as “a spray bottle”); wherein the body comprises a cap (120) releasably coupled to the body covering the atomizer (as seen in Fig 1A-1C, the cap 120 is coupled to the body covers atomizer 135); and wherein the atomizer is movable between a closed state (when the cap is on the body), in which the atomizer is at least partially covered by the cap to prevent compression of the atomizer (in the closed state, the cap 120 covers the atomizer to prevent activation, see Fig 1A and Par 0067), and an open state (when the cap is removed from the body), in which the atomizer is at least partially exposed by the cap to permit compression of the atomizer (once the cap is removed, the atomizer is exposed to allow compression of the atomizer).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kazazian to incorporate the teachings of Hui to modify the reservoir such that it requires the atomizer to be compressed in order to spray and to provide a cap to the main body in order to cover the atomizer so that the user can handle the earring with the liquid stored safely inside the reservoir in a leak-proof manner and in order to prevent unwanted activation of the atomizer (as disclosed in Par 0067 of Hui); and it would have been obvious to modify the reservoir such that includes an access port in order to refill the reservoir without removing any other part of the main body (as disclosed in Par 0078 of Hui). In combination, the attachment element (12) of Kazazian extends from the cap, as taught by Hui, since the cap is the topmost feature of the dispenser, which is where the attachment element 12 of Kazazian is anchored to. Examiner points to D’Alessandro (U.S. 2017/0295893) as evidence for this configuration, since D’Alessandro teaches a piece of jewelry that diffuses a scent; wherein the jewelry can be used as earrings (see Par 0031), comprising an attachment element (seen in Fig 1, attachment element is coupled to a cap 20) coupled to and extending from a cap (20, as seen in Fig 1).
Regarding claim 11, Kazazian and Hui teach the earring of claim 9, wherein the access port is configured to receive a stem of a container through which the liquid flows to refill the reservoir (Examiner notes that the claim is directed to an earring; therefore the stem of a container that is used to refill the reservoir of the earring are not actual parts of the claimed invention. Nonetheless, Hui discloses in Par 0067 that their refill mechanism is the same as the one disclosed in U.S. Patent No. 8,079,388 by inventor Turgeman; wherein Turgeman discloses a container 150 that has a stem 152 that is inserted into access port 34 in order to refill reservoir 12; Thus Hui teaches the subject matter of this claim).
Regarding claim 12, Kazazian and Hui teach the earring of claim 9, wherein at least one of the cap and the body comprises at least one of a metal, a fabric, a polymer, and a glass (col 3, lines 43-46 of Kazazian disclose the assembly, which includes the main body, comprising plastic and metal).
Regarding claim 13, Kazazian and Hui teach the earring of claim 9, wherein the body extends from a top end (upper end of body 2 of Kazazian) to a bottom end (lower end of body 2), the cap is proximate of the top end, and the access port is proximate of the bottom end (in combination, the cap 120 as modified by Hui is defined on the upper end of the device, see Fig 1C; and the access port 181 as modified by Hui is defined on the bottom end of the device, see Fig 1C).
Regarding claim 14, Kazazian and Hui teach the earring of claim 13, wherein the cap is coupled proximate to the top end (as seen in Fig 1C of Hui, the cap 120 is coupled proximate to the top end of the device).
Regarding claim 15, Kazazian and Hui teach the earring of claim 9, wherein the attachment element includes a post, a kidney wire, a hook, or a demountable fastener (as seen in Figs 6 and 7 of Kazazian, the attachment element 12 is a hook).
Regarding claim 17, Kazazian and Hui teach the earring of claim 9, wherein the atomizer is movable between a closed state, in which the cap is coupled to the body thereby covering the atomizer to prevent compression of the atomizer (in the closed state, the cap 120 of Hui is coupled to the body of the atomizer to prevent activation, see Fig 1A of Hui), and an open state, in which the cap is separated from the body thereby exposing the atomizer to permit compression of the atomizer (once the cap is separated from the body as taught by Hui Fig 1B, the atomizer of Kazazian is exposed to allow compression of the atomizer).
Regarding claim 18, Kazazian and Hui teach a method of refilling the reservoir of the earring of claim 11, comprising: exposing the stem of the container (stem 152 of container 150 as taught by Turgeman, which is incorporated by Hui, see Par 0067 of Hui); inserting the stem into the access port; and transferring the liquid from the container, through the stem, into the reservoir (as seen in Fig 3 and disclosed in col 3, lines 50-60 of Turgeman, the stem 152 is inserted into access port 34 of the reservoir 12 in order to transfer liquid from the container into the reservoir through the stem to refill the reservoir. Turgeman is incorporated by Hui, see Par 0067 of Hui).
Alternate rejections:
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.
Claim 9, 11-15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hui et al (U.S. 2017/0275060) in view of Kazazian (U.S. 8,082,754).
Regarding claim 9, Hui teaches a perfume dispensing device (100, see Par 0001), comprising: a body (defined by 107) including a reservoir (160), an atomizer (135) and an access port (181); wherein the atomizer is coupled to the reservoir and configured to, when compressed, reduce a liquid stored in the reservoir into a spray (Par 0067 discloses the cap used to prevent the atomizer from being pressed down in order to avoid unwanted actuation, meaning when the atomizer is meant to be activated and the cap is removed, the atomizer is pressed, i.e. compressed, which in turn moves the liquid in the reservoir upwards via tube 190 an into the atomizer to be turned into a spray – Par 0072, Par 0067 also discloses the dispenser as “a spray bottle”);
a cap (120) releasably coupled to the body covering the atomizer (as seen in Fig 1A-1C, the cap 120 is coupled to the body covers atomizer 135); and
wherein the access port extends into the reservoir through which the liquid is dispensed into the reservoir (as seen in Fig 1C and Par 0078, the access port 181 allows for liquid to flow into the reservoir in order to refill it); and
the atomizer is movable between a closed state (when the cap is on the body), in which the atomizer is at least partially covered by the cap to prevent compression of the atomizer (in the closed state, the cap 120 covers the atomizer to prevent activation, see Fig 1A and Par 0067), and an open state (when the cap is removed from the body), in which the atomizer is at least partially exposed by the cap to permit compression of the atomizer (once the cap is removed, the atomizer is exposed to allow compression of the atomizer).
However, Hui does not teach the dispensing device being an earring having an attachment element extending from the cap configured to be attached to an ear of a user.
Kazazian teaches a perfume dispensing device (see abstract) being an earring 914) having an attachment element (ear fastener 12) configured to be attached to an ear of a user (12 is an ear fastener).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hui to incorporate the teachings of Kazazian to provide an attachment element configured to attach to an ear of a user, such that the device is configured as an earring in order to allow the user to apply perfume throughout the day without having to carry a separate device altogether, this would be a convenient means for the wearer to carry and apply the perfume (as disclosed in col 1, lines 20-37). In combination, the attachment element 12 of Kazazian extends from the cap of Hui, since the cap is the topmost feature of the dispenser, which is where the attachment element 12 of Kazazian is anchored to. Examiner points to D’Alessandro (U.S. 2017/0295893) as evidence for this configuration, since D’Alessandro teaches a piece of jewelry that diffuses a scent; wherein the jewelry can be used as earrings (see Par 0031), comprising an attachment element (seen in Fig 1, attachment element is coupled to a cap 20) coupled to and extending from a cap (20, as seen in Fig 1).
Regarding claim 11, Hui and Kazazian teach the earring of claim 9, wherein the access port is configured to receive a stem of a container through which the liquid flows to refill the reservoir (Examiner notes that the claim is directed to an earring; therefore the stem of a container that is used to refill the reservoir of the earring are not actual parts of the claimed invention. Nonetheless, Hui discloses in Par 0067 that their refill mechanism is the same as the one disclosed in U.S. Patent No. 8,079,388 by inventor Turgeman; wherein Turgeman discloses a container 150 that has a stem 152 that is inserted into access port 34 in order to refill reservoir 12; Thus Hui teaches the subject matter of this claim).
Regarding claim 12, Hui and Kazazian teach the earring of claim 9, wherein at least one of the cap and the body comprises at least one of a metal, a fabric, a polymer, and a glass (Par 0068 of Hui discloses the cap as metallic).
Regarding claim 13, Hui and Kazazian teach the earring of claim 9, wherein the body extends from a top end (upper end of dispenser body of Hui) to a bottom end (lower end of dispenser body of Hui), the cap is proximate of the top end (the cap 120 is at the top end, see Fig 1B of Hui), and the access port is proximate of the bottom end (the access port 181 is at the bottom end, see Fig 1C).
Regarding claim 14, Hui and Kazazian teach the earring of claim 13, wherein the cap is coupled proximate to the top end (as seen in Fig 1C of Hui, the cap 120 is coupled proximate to the top end of the device).
Regarding claim 15, Hui and Kazazian teach the earring of claim 9, wherein the attachment element includes a post, a kidney wire, a hook, or a demountable fastener (as seen in Figs 6 and 7 of Kazazian, the attachment element 12 is a hook).
Regarding claim 17, Hui and Kazazian teach the earring of claim 9, wherein the atomizer is movable between a closed state, in which the cap is coupled to the body thereby covering the atomizer to prevent compression of the atomizer (in the closed state, the cap 120 of Hui is coupled to the body of the atomizer to prevent activation, see Fig 1A of Hui), and an open state, in which the cap is separated from the body thereby exposing the atomizer to permit compression of the atomizer (once the cap is separated from the body as taught by Hui Fig 1B, the atomizer of Kazazian is exposed to allow compression of the atomizer).
Regarding claim 18, Hui and Kazazian teach a method of refilling the reservoir of the earring of claim 11, comprising: exposing the stem of the container (stem 152 of container 150 as taught by Turgeman, which is incorporated by Hui, see Par 0067 of Hui); inserting the stem into the access port; and transferring the liquid from the container, through the stem, into the reservoir (as seen in Fig 3 and disclosed in col 3, lines 50-60 of Turgeman, the stem 152 is inserted into access port 34 of the reservoir 12 in order to transfer liquid from the container into the reservoir through the stem to refill the reservoir. Turgeman is incorporated by Hui, see Par 0067 of Hui).
Response to Arguments
Applicant's arguments filed 05/26/2026, with regards to the rejections based on Kazazian in view of Hui, have been fully considered but they are not persuasive.
Applicant argues that Kazazian does not teach the atomizer “configured to, when compressed, reduce a liquid stored in the reservoir into a spray”. Examiner has modified the rejection so that Hui is now used for the teaching of this limitation, as stated in the rejection above. Hui teaches a reservoir 106 with an atomizer 135 that is the same as Applicant’s; whereby the user compresses the atomizer 135, which in turn drives the liquid from the reservoir and turns it into a spray that is dispensed by outlet 130. Examiner notes that this configuration is well known in the art and provides no novelty. Examiner has now modified the reservoir and atomizer of Kazazian with the one of Hui.
Applicant argues that Kazazian does not teach a cap and an access port; and that Hui does not teach an earring. Examiner notes that Kazazian, which teaches an earring that dispenses a liquid, is modified with Hui to include the cap and access port. Both modifications taken from Hui have been provided with motivations taken directly from Hui’s teachings, as such they are not based on hindsight. Specifically, adding a cap would cover the atomizer so that the user can handle the earring with the liquid stored safely inside the reservoir in a leak-proof manner and in order to prevent unwanted activation of the atomizer (as disclosed in Par 0067 of Hui); and adding an access port would allow for refilling the reservoir without removing any other part of the main body (as disclosed in Par 0078 of Hui). Both are beneficial modifications to Kazazian, which do not prevent the device from being used as intended.
Applicant further argues that there is no motivation for one ordinary skill in the art to combine Kazazian with Hui. Examiner respectfully disagrees. As stated above, the motivations to combine were taking directly from Hui and would benefit the device of Kazazian. Furthermore, Examiner notes that both Kazazian and Hui are directed to perfume dispensers, as such they are more than reasonably pertinent to each other.
Applicant argues that the cited art does not teach an “unitary body”. Examiner notes that this is non-commensurate with claim language, as the claims are silent with respect to a unitary body. As such, this argument is moot.
Applicant argues that Kazazian teaches a dispenser as a “single unit”, and that it would be improper to modify it with the device of Hui, which has many parts. Examiner notes that nowhere in the disclosure of Kazazian it is disclosed that the dispenser is a single unit and that it is meant to be monolithic. In fact, Figs 6-7 show different portions of the device that could be separated, such as the atomizer 4 from the reservoir 2. As such, modifying it with Hui would not go against the nature of Kazazian and would not prevent it from operating as intended.
Lastly, Applicant states that there is a lack of reasonable expectation of success if one of ordinary skill in the art combines Kazazian with Hui. Examiner notes that this argument is based on previous arguments that have already been rebutted, as stated above.
Examiner has included an alternate rejection that relies on Hui in view of Kazazian, which is a different grounds of rejection altogether. As such, the arguments presented by Applicant do not apply to these rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN C BARRERA whose telephone number is (571)272-6284. The examiner can normally be reached on M-F Generally 10am-4pm and 6-8pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ARTHUR O. HALL can be reached on 571-270-18141814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUAN C BARRERA/
Examiner, Art Unit 3752
/STEVEN M CERNOCH/Primary Examiner, Art Unit 3752
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