DETAILED ACTION
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (KR 100970546 B1) in view of Hatakeyama (JP H08164954 A).
Claim 1, Jeon discloses at least two sub-chambers (14a, 14b), each having an opening (16a, 16b) to a mixing chamber (21);
At least one outer covering (24) of said sub-chambers (14a, 14b); and
a removable cap (17) to cover the mixing chamber;
wherein said mixing chamber allows for contents of at least some sub-chambers to interact with at least some remaining sub-chambers (FIG 3-5)
wherein the storage device has an outer shape comprising a conventional tube (11);
wherein the storage device is adapted to allow the at least two sub-chambers to be unequal in volume (Page 2; the sub compartments can be filled separately and of different amounts);
But is silent on wherein the outer covering of said sub-chambers is adapted to equalize pressure on the sub-chambers; wherein the outer covering comprises a tubular sleeve surrounding the sub-chambers along at least a portion of their length, the sleeve being permanently affixed to the sub-chambers and forming part of the hair color container in final form.
Hatakeyama teaches wherein the outer covering (2) of said sub-chambers is adapted to equalize pressure on the sub-chambers (3-4; FIG 1-3, 6); wherein the outer covering comprises a tubular sleeve (2) surrounding the sub-chambers (3-4) along at least a portion of their length ([0013]; FIG 1-3, 6), the sleeve being permanently affixed (Integrally heat-pressed and welded to form the sealing portion 5; [0019], [0022], [0024]) to the sub-chambers (5) and forming part of the hair color container in final form (FIG 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jeon with covering as taught by Hatakeyama in order to securely hold the inner tubes while maintaining the volume without having to be enlarged in addition to providing a display for product name, contents or label.
Claim 6, Jeon substantially discloses the apparatus as claimed above but is silent on an additional covering substrate for both sub-chambers.
Hatakeyama teaches an additional covering substrate for both sub-chambers ([0013]; 1-4; FIG 1-3, 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jeon with covering as taught by Hatakeyama in order to securely hold the inner tubes while maintain the volume without having to be enlarged.
Claim 8, Jeon discloses wherein said cap (25a) includes an aperture to receive said mixing chamber (21; FIG 3).
Claim(s) 2-4, 7, 9-10, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon and Hatakeyama as applied to claims 1 above, and further in view of Tsujita (JP 2001018997 A).
Claim 2, Jeon substantially discloses the apparatus as claimed above but is silent on comprising a mixing nozzle.
Tsujita teaches a mixing nozzle ([0015]; 2; FIG 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jeon with mixing nozzle as taught by Tsujita in order to provide good mixing efficiency of the fluidic contents.
Claim 3, the modified apparatus of Jeon teaches wherein the mixing nozzle comprises interior features to decrease velocity of liquid flow through the nozzle ([0021] to [0023]; FIG 3).
Claim 4, the modified apparatus of Jeon teaches wherein said mixing nozzle further comprises a helical mixing tool ([0021] to [0023]; 2; FIG 3).
Claim 7, the modified apparatus of Jeon teaches wherein said mixing nozzle is reversibly attached to the mixing chamber ([0024]; FIG 1).
Claim 9, the modified apparatus of Jeon teaches a box that receives the storage device and the nozzle ([0064]; 13; FIG 10).
Claim 10, the modified apparatus of Jeon teaches wherein said nozzle includes reversibly deformable internal structures to decrease velocity of flow of liquid traversing the nozzle ([0026]; 2; FIG 3).
Claim 21, Jeon substantially discloses the apparatus as claimed above but is silent on wherein each opening to the mixing chamber includes a one-way cover comprising slits or flaps that fold outward when pressure is applied within the corresponding sub-chamber and substantially return to a closed position when pressure is released, thereby preventing reverse flow of hair coloring substances back into the sub-chambers.
Tsujita teaches wherein each opening to the mixing chamber includes a one-way cover comprising slits or flaps that fold outward when pressure is applied within the corresponding sub-chamber and substantially return to a closed position when pressure is released, thereby preventing reverse flow of hair coloring substances back into the sub-chambers (FIG 3 shows slit and flap vales 10 for each sub-chamber a and b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jeon with valve as taught by Tsujita in order to prevent contents from flowing back from the nozzle.
Claim(s) 11, 13-20, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Tsujita and Hatakeyama.
Claim 11, Jeon discloses providing a first and a second sub-chamber (14a, 14b);
filling the first sub-chamber with a first solution (27);
filling the second sub-chamber with a second solution (278);
adding an external covering to the combined two sub-chambers (24);
adding an aperture in each sub chamber (16a, 16b)
covering said apertures (24);
attaching a mixing chamber (21) to the covered apertures; and
wherein each sub-chamber is reversibly deformable and said aperture covering is removable ([0061]; FIG 3-5);
wherein the storage device has an outer shape comprising a conventional tube (11);
wherein the storage device is adapted to allow the at least two sub-chambers to be unequal in volume (Page 2; the sub compartments can be filled separately and of different amounts).
But is silent on providing wherein the outer covering of said sub-chambers is adapted to equalize pressure on the sub-chambers; a mixing nozzle adapted to be reversibly fastened to the mixing chamber; wherein the outer covering comprises a tubular sleeve surrounding the sub-chambers along at least a portion of their length, the sleeve being permanently affixed to the sub-chambers and forming part of the hair color container in final form.
Tsujita teaches a mixing nozzle ([0015] to [0016]; [0021] to [0024]; 2; FIG 1-3) adapted to be reversibly fastened to the mixing chamber.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jeon with mixing nozzle as taught by Tsujita in order to provide good mixing efficiency of the fluidic contents.
Hatakeyama teaches wherein the outer covering (2) of said sub-chambers is adapted to equalize pressure on the sub-chambers (3-4; FIG 1-3, 6); wherein the outer covering comprises a tubular sleeve (2) surrounding the sub-chambers (3-4) along at least a portion of their length ([0013]; FIG 1-3, 6), the sleeve being permanently affixed (Integrally heat-pressed and welded to form the sealing portion 5; [0019], [0022], [0024]) to the sub-chambers (5) and forming part of the hair color container in final form (FIG 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jeon with covering as taught by Hatakeyama in order to securely hold the inner tubes while maintaining the volume without having to be enlarged in addition to providing a display for product name, contents or label.
Claim 13, the modified apparatus of Jeon teaches placing the container in a box (Tsujita: FIG 10; [0064]).
Claim 14, the modified apparatus of Jeon teaches wherein said external covering comprises printed indicia (Hatakeyama: [0024]).
Claim 15, the modified apparatus of Jeon teaches wherein said external covering distributes pressure between the sub-chambers (Hatakeyama: [0024]; 2-4; FIG 8).
Claim 16, Jeon discloses attaching a cap (25a) wherein said cap covers said mixing chamber (21; FIG 3).
Claim 17, the modified apparatus of Jeon teaches adding identifying indicia to said external covering (Hatakeyama: [0024]).
Claim 18, the modified apparatus of Jeon teaches wherein said identifying indicia includes a lot number and an expiration date (Hatakeyama: [0024]; Non-Functional Printed matter does not distinguish over the prior art, See MPEP 2111.05).
Claim 19, Jeon discloses wherein said sub-chambers (14a, 14b) comprise different volumes of corresponding solutions (27, 28; the chambers are inherently capable during normal use of holding differing volumes in order to achieve the desired mix ratio).
Claim 20, the modified apparatus of Jeon teaches wherein said external covering comprises a window (Hatakeyama: [0013]; 2-4).
Claim 22, Jeon substantially discloses the apparatus as claimed above but is silent on wherein each opening to the mixing chamber includes a one-way cover comprising slits or flaps that fold outward when pressure is applied within the corresponding sub-chamber and substantially return to a closed position when pressure is released, thereby preventing reverse flow of hair coloring substances back into the sub-chambers.
Tsujita teaches wherein each opening to the mixing chamber includes a one-way cover comprising slits or flaps that fold outward when pressure is applied within the corresponding sub-chamber and substantially return to a closed position when pressure is released, thereby preventing reverse flow of hair coloring substances back into the sub-chambers (FIG 3 shows slit and flap vales 10 for each sub-chamber a and b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Jeon with valve as taught by Tsujita in order to prevent contents from flowing back from the nozzle.
Response to Arguments
Applicant's arguments filed 7/20/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., injection molding) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The applicant’s arguments regarding the newly amended claims are addressed in the rejection above.
ConclusionAny inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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, 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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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
Prosecution Insights