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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph [0076], line 4, “has a lateral wall (112) extending” should be amended as “has a lateral wall [[(112)]] extending”, since reference numeral 112 has already been used to identify the lateral wall of the entire device/body 110.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
In Figure 8, the axis that extends through packaging element, 150, should be labeled “C”, as described in at least paragraph [0072] of the specification.
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. 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.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 4, the claim recites “each compartment being able to accommodate a packaging element containing a product”, and in lines 15-17, the claim recites “the body cap and packaging cap being configured so that a removal of the body cap off the dispensing opening simultaneously causes a removal of the packaging cap off the open end of the packaging element in the dispensing position”. Line 4 does not positively recite a packaging element but rather only requires that each compartment is able to accommodate a packaging element, then lines 15-17 require a specific relationship between the body cap of the device and a cap of the packaging element. It is suggested to positively recite the packaging element in line 4 so that the relationship between the body cap and the cap of the packaging element is positively required by the claim by amending line 4 to include the following: “being able to accommodate a packaging element, and a packaging element received in one of the at least two compartments for containing a product”.
Claim 10 is objected to because of the following informalities:
In line 3, “the compartment axis” should be amended as follows: “[[the]] a compartment axis”.
In line 5, “proximate to the bottom, a top position away from the bottom” should be amended as follows: “proximate to the bottom, and a top position away from the bottom”.
Claim 13 is objected to because of the following informalities: in line 2, “the device is a lipstick” should be amended as follows: “the product is a lipstick”.
Claim 14 is objected to because of the following informalities: In line 2, “The device” should be amended as follows: “[[The]] the device” and in lines 3-4, “At least two products respectively received in the compartments” should be amended as “a packaging element respectively received in each of the at least two compartments”.
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 1-5, 10, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kamboj (US2016/0135567) in view of Kim et al. (KR101893891B1).
Regarding claim 1, Kamboj discloses a device (400, Figures 4-5) for dispensing a plurality of products comprising:
a body (412 + 414) comprising a lateral wall (vertical portion of 412 + 414, refer to Figure 4) and a dispensing opening (opening defined by 418, refer to Figure 4);
a selector (416 + 510) comprising a product support (the top horizontal surface of 416 + 510 defines a product support, since product, 422, 522 is depicted as being supported thereon, refer to Figure 4) comprising at least two compartments (referring to Figure 5, there are four compartments, 510; it is noted that compartment 510 is similar to compartment 210 of the embodiment of Figures 1-3C, wherein the compartment is described as magnets or indents, as described in Paragraph [0051]), each compartment being able to accommodate a packaging element, and a first packaging element (420, see Figure 4) received in one of the at least two compartments for containing a product (Kamboj discloses “The cartridge positioners 510 are configured to hold a cosmetic cartridge 420 in place”, refer to Paragraph [0066], where the cosmetic cartridge is configured to contain a product), the product support being movably housed in the body (“The base cover 416…is configured to rotate relative to the outer shell”, refer to Paragraph [0064]), each packaging element comprises a packaging wall (referring to Figures 4 and 5, the packaging element, 420 is depicted as having a cylindrical wall), a packaging axis (not labeled, referring to Figure 5, a packaging axis extends into the page, through a center of 420), an open end (top end with respect to Figure 4) substantially perpendicular to the packaging axis (referring to Figure 4, the open end extends horizontally which is perpendicular to a direction of the packaging axis);
a body cap (150) cooperating with the body in order to reversibly close the dispensing opening (refer to Figure 4, wherein cap 450 is depicted as being configured to reversibly close the dispensing opening);
wherein the selector is configured to move the product support in order to move each compartment between a dispensing position in which said compartment faces the dispensing opening in order to allow dispensing the product, and a storage position in which said compartment is brought away from the dispensing opening (“to allow the user to manipulate the cosmetic cartridges 420 within the housing 410 by rotating the base cover 416”, refer to Paragraph [0068]).
Kamboj does not disclose a packaging cap cooperating with said packaging element in order to reversibly close the open end of said packaging element or that the body cap and the packaging cap are configured so that a removal of the body cap off the dispensing opening simultaneously causes a removal of the packaging cap off the open end of the packaging element in the dispensing position. In the figures, Kamboj depicts a plurality of packaging elements depicted as sticks such as lipstick tubes or sponges (best shown in Figure 4); however, Kamboj discloses that the cosmetic product contained within the packaging elements may be “a cosmetic…a liquid container or the like” (refer to Paragraph [0066]).
Kim discloses a similar device (100, Figures 1-8) for dispensing a plurality of fluid products, the device comprising a body (120) comprising a lateral wall (vertical wall of body 120, refer to Figure 2), a dispensing opening (any of the three openings disposed in a top surface of body 120, as best shown in Figure 4), and a body cap (110); a plurality of packaging elements (130), each packaging element comprising a packaging wall (interior cylindrical wall of each compartment, 130), an open end (top end of 130 with respect to Figure 4), and a packaging cap (141), where the packaging element contains a fluid therein (“cosmetic compositions of the liquid or gel type”, refer to Page 4, second full paragraph) and where the packaging cap cooperates with said packaging element in order to reversibly close the open end of said packaging element to prevent the fluid contents of the individual packaging elements from spilling (“the cap 141 closes the container 130 to prevent the cosmetics from flowing out of the container 130”, refer to Page 5, sixth paragraph). The packaging element further comprises an applicator (142 + 143) coupled to the cap to provide a convenient means for applying the liquid cosmetic. To actuate the packaging cap and applicator, the packaging element may be elevated (“the fastening means 160 may be fastened to each other by pushing fastening means 151 corresponding to the buttons provided on the lid 110”, refer to Page 6, fifth paragraph), similar to that of Kamboj’s device (see Kamboj’s Figure 4 wherein a right-most packaging element is shown to be elevated), in order to engage with the body cap, where the body cap and the packaging cap are detachably connected and are thereby configured so that a removal of the body cap off the dispenser simultaneously causes a removal of the packaging cap off the open end of the packaging element (“The lid 110 may be coupled to the cap 141 among the components of the brush assembly 140”, refer to Page 5, eight paragraph; additionally refer to Figure 5 which depicts the coupling means of the body cap and the packaging cap; additionally refer to Page 5, tenth paragraph and Page 6, fifth and seventh paragraphs), thereby permitting a user to conveniently access a liquid cosmetic using an applicator brush provided therewith. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kamboj’s device such that each of the packaging elements comprise a fluid cosmetic product and a packaging cap cooperating with said packaging element in order to reversibly close the open end of said packaging element, as taught by Kim, since such a modification provides the advantage of preventing a cosmetic from spilling out of each of the individual packaging elements.
It would have additionally been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of the combination of Kamboj and Kim such that the body cap and the packaging cap are detachably connected and thereby are configured so that a removal of the body cap off the dispenser simultaneously causes a removal of the packaging cap off the open end of the packaging element, as taught by Kim, since such a modification provides the advantage of permitting a user to conveniently access a cosmetic contained within the packaging element, using a brush applicator supplied therewith while simultaneously preventing the product from spilling out of each of the packaging elements.
Regarding claim 2, the combination of Kamboj and Kim discloses the device for dispensing a plurality of products according to claim 1, as applied above. Kamboj further discloses wherein the body has a body axis (not labeled, but in a first interpretation, is an axis extending into the page with respect to Kamboj Figure 5, through a center of 412; for a second interpretation, refer to the Kamboj Annotated Figure 4, below), the dispensing opening is comprised in a first end (top end with respect to Kamboj Figure 4) of the body and has a dispensing axis (not labeled, but is an axis extending into the page with respect to Kamboj Figure 5, through a center of the circle defined by 510; additionally refer to the Kamboj Annotated Figure 4, below) substantially parallel to the body axis (referring to Kamboj Figure 5, in a first interpretation, the body axis extends into the page through a center of the circle defined by 412 and the dispensing axis extends into the page through a center of the circle defined by 510, these axes being substantially parallel; under the second interpretation, these axes are substantially parallel, as indicated in the Kamboj Annotated Figure 4, provided below), each compartment has a compartment axis (not labeled but is the axis extending through a center of each of the compartments, 510), said compartment axis being, in the dispensing position, aligned with the dispensing axis, and said compartment axis being offset from the dispensing axis in the storage position (referring to Kamboj Figure 5, the right-most compartment is in the dispensing position which is aligned with the dispensing axis, whereas the compartments corresponding to the top, left, and bottom positions are offset from the dispensing axis and are in the storage position).
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Regarding claim 3, the combination of Kamboj and Kim discloses the device for dispensing a plurality of products according to claim 2, as applied above. Kamboj further discloses wherein each compartment is positioned around a pivot axis (not labeled, but referring to Kamboj Figure 5, the pivot axis is an axis extending into the page, through a center of the circle defined by 412) parallel to the body axis (the second interpretation as depicted in the Kamboj Annotated Figure 4, above), the compartment axis is parallel to the pivot axis (referring to Kamboj Figure 5, the compartment axis is that axis extending into the page, through a center of each of the circles defined by 510 and 420) and the selector comprises a rotary ring (referring to Figure 4, the vertical wall of 416 defines a ring) allowing moving each compartment between the dispensing position and the storage position by rotation of the product support about the pivot axis (“to allow the user to manipulate the cosmetic cartridges 420 within the housing 410 by rotating the base cover 416”, refer to Paragraph [0068]).
Regarding claim 4, the combination of Kamboj and Kim discloses the device for dispensing a plurality of products according to claim 1, as applied above. Per the modification addressed in claim 1, the packaging caps of Kim were incorporated into Kamboj’s device, wherein each of Kim’s packaging cap comprises an application device (143 + 142, see Kim Figure 4) configured to apply the product, a first end of the application device being fastened to the packaging cap (“one end of the stick 142 is connected to the inner surface of the cap 141”, refer to Page 5, sixth paragraph), and a second end configured to apply the product being placed in the packaging element when the packaging cap closes the open end of said packaging element (refer to Kim Figure 4).
Regarding claim 5, the combination of Kamboj and Kim discloses the device for dispensing a plurality of products according to claim 1, as applied above. Per the modification addressed in claim 1, the packaging caps of each packaging element as taught by Kim were incorporated into Kamboj’s device such that the packaging cap and the body cap are detachably connected wherein:
Kim’s body cap comprises a first reversible fastening element (151), and
each packaging cap comprises a second reversible fastening element (152).
The combination of Kamboj and Kim further discloses the first reversible fastening element being able to cooperate, when the compartment is in the dispensing position, with the second reversible fastening element so as to fasten the packaging cap to the body cap (Kamboj’s body cap is only able to access the packaging cap when the packaging element is in the dispensing position, as best shown in Kamboj Figure 4).
Regarding claim 10, the combination of Kamboj and Kim discloses the device for dispensing a plurality of cosmetic products according to claim 1, as applied above. Kamboj further discloses wherein:
each compartment (510) comprises a bottom (referring to the description of the compartments provided in Kamboj Paragraph [0051], the compartments are indents on the surface of the selector; thus, the bottom of each compartment is defined by the lowest point, with respect to Kamboj Figure 4, of the indent) substantially perpendicular to a compartment axis (not labeled, but the compartment axis is an axis extending into the page along an exterior surface of the compartment) opposite the dispensing opening (since the compartment bottom is disposed within the selector, 416, it is opposite the dispensing opening, refer to Kamboj Figure 4),
the packaging element is movable parallel to the compartment axis between a low position proximate to the bottom (position depicted by the packaging element at a left side of the device as shown in Kamboj Figure 4, where the packaging element is depicted as being proximate the selector), and a top position away from the bottom (position depicted by the packaging element at a right side of the device as shown in Kamboj Figure 4, wherein the packaging element is raised/spaced apart from the compartment/indent 510),
the device comprises a lifting element (430) configured to urge the packaging element towards the top position (refer to Kamboj Paragraph [0068]).
Regarding claim 12, the combination of Kamboj and Kim discloses the device for dispensing a plurality of cosmetic products according to claim 1, as applied above. Per the modification addressed in claim 1, the fluid cosmetic of Kim was incorporated into Kamboj’s device, wherein Kim’s fluid cosmetic may be a “lip tint, a lip gloss, a lipstain, a lip balm, an eyeliner or a manicure”, (refer to Kim page 4, second full paragraph), where each of the aforementioned products are cosmetic products.
Regarding claim 13, the combination of Kamboj and Kim discloses the device for dispensing a plurality of cosmetic products according to claim 1, as applied above. Per the modification addressed in claim 1, the product was modified to be a fluid cosmetic material, as taught by Kim. The combination does not thus far disclose wherein the product is a lipstick. Kim discloses wherein the liquid cosmetic material is “a lip tint…lipstain”, (refer to Kim page 4, second full paragraph), i.e. a lipstick, thereby enabling a user to color their lips. 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 device of the combination of Kamboj and Kim such that the product is a lipstick, as taught by Kim, since such a modification provides the advantage of enabling a user to add color to their lips.
Regarding claim 14, the combination of Kamboj and Kim disclose the device for dispensing a plurality of products according to claim 1 (refer to the rejection to claim 1, above), wherein the combination discloses a system for dispensing a plurality of products comprising:
at least two products (refer to Kamboj Figure 5, wherein three products are depicted) respectively received in the compartments of the product support (refer to Kamboj Figures 4-5).
Regarding claim 15, the combination of Kamboj and Kim discloses the system for dispensing a plurality of products according to claim 14 (refer to the rejection to claim 14, above). Kamboj further discloses a method for using the system of claim 14, wherein at least two products are placed in the compartments of the device for dispensing a plurality of products (refer to Kamboj Figures 4-5, wherein at least two products are disposed in the compartments), the method comprising selecting a cosmetic product by switching one of the compartments into the dispensing position (“any of the cosmetic cartridges 420 with the cosmetic 422 may be rotated to be positioned in line with the protrusion 418”, refer to Kamboj Paragraph [0067]).
Regarding claim 16, the combination of Kamboj and Kim discloses the device for dispensing a plurality of product according to claim 1 (refer to the rejection to claim 1, as applied above). Kamboj further discloses a method for reloading a system for dispensing a plurality of products comprising:
selecting at least one product by a user (referring to Kamboj Figures 4-5, a product is shown to be disposed within the device, where this product had to have been selected at some point prior to its being placed within the device; additionally, “The plurality of cosmetic cartridges 420 may be accessed to be removed or replaced”, refer to Kamboj Paragraph [0064], where a user must first select a product in order to place the product into the device),
for each selected product, preparing the product (the products are prepared for use by rotating them into communication with the dispensing opening, as described in Kamboj Paragraph [0068]),
receiving the product by the user and placing each product in one of the compartments of the device for dispensing a plurality of products according to claim 1 (“The plurality of cosmetic cartridges 420 may be accessed to be removed or replaced”, refer to Kamboj Paragraph [0064]).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kamboj and Kim as applied to claim 5 above, and further in view of Gueret (US2011/0100866).
Regarding claim 6, the combination of Kamboj and Kim discloses the device for dispensing a plurality of products according to claim 5, as applied above.
The combination does not thus far disclose wherein the first and second reversible fastening elements are respectively first and second magnetic contact surfaces. Rather, Kim discloses the first and second reversible fastening elements are “male and female grooves 152 and latches 151” (refer to Kim Page 5, eleventh paragraph).
Gueret discloses an applicator (30, Figures 1-64) similar to the packaging cap of the combination of Kamboj and Kim, wherein a body cap (30) comprises a first magnetic contact surface (122) in order to detachably couple with a packaging cap (24), having a second magnetic contact surface (128). The releasable connection may be made by a number of mechanical means including “clamping, by snap-fastening, by screw-fastening” (refer to Gueret Paragraph [0033]) or alternatively, by “magnetic attraction” (refer to Gueret Paragraph [0033]), as a matter of design choice based on a user’s preference. 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 device of the combination of Kamboj and Kim such that the first and second reversible fastening elements are respectively first and second magnetic contact surfaces, as taught by Gueret, since such a modification would have involved combining prior art elements according to known methods in order to achieve the predictable result of releasably connecting two cosmetic caps.
Regarding claim 7, the combination of Kamboj, Kim and Gueret disclose the device for dispensing a plurality of products according to claim 6, as applied above. Per the modification addressed in claim 6, the coupling surfaces of the body cap and the packaging cap were modified to be magnetic contact surfaces, as taught by Gueret, wherein Gueret’s magnetic contact surfaces are configured to be transverse to one another as best shown in Gueret Figures 18-20.
Allowable Subject Matter
Claims 8-9, and 11 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: refer to the attached PTO-892.
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/SARAH WOODHOUSE/Examiner, Art Unit 3772
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