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 .
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, 3-12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Vasas et al. (US 3662769, hereinafter Vasas) in view of Bouix et al. (US 20100166488, hereinafter Bouix).
Regarding Claim 1, Vasas discloses an apparatus (figures 1-4) for storing and applying a product (abstract), comprising: an applicator (12; figures 1-4; also see "eye-liner applicator" (col. 2, line 12)) for applying the product (column 2, lines 9-20), comprising: a shank (16; figure 3) having a longitudinal center axis (figure 1); and an applicator tip (20; figure 1) that is mounted on a distal end (figure 1) of the shank (figure 1), and a container (10; figure 1) for storing the product (column 2, lines 9-20), comprising: a longitudinal center axis (figure 1); a top opening (at 30; figures 1-3) orthogonal to the longitudinal center axis (figure 1-3); a tubular peripheral wall (the side of 10; figure 1) that defines the top opening (figures 1-3); and a bottom (28; figures 1-3) that faces the top opening (figures 1 and 3) and closes a lower end of the tubular peripheral wall (figure 1), wherein the tubular peripheral wall (figures 1 and 3) and the bottom (figures 1-3) cooperatively define a space (26; figure 1) for storing the product, wherein the applicator and the container are configured: to be able to couple with each other (figures 1-3) such that the applicator tip is located in the space of the container (figure 1) and the applicator (figure 1) seals off the container (via 27; figure 1); and to be separable from each other such that the applicator can be used for an application of the product with the applicator tip (figures 2-3; abstract), and wherein the container further comprises a wiper (60; figures 1- 3) protruding inward from the tubular peripheral wall (figures 1-3) towards the longitudinal center axis (figures 1-3) of the container.
Vasas does not disclose the container is made of plastic, and wherein the wiper is integrally formed on the tubular peripheral wall of the container by integral molding.
Bouix discloses an apparatus (1; figure 1) for storing and applying a product (Paragraph [0027]), comprising: an applicator (40, 42, 44, 46, 48; figure 1) for applying the product (paragraph [0027]), comprising: a shank (42, 48; figure 1) having a longitudinal center axis (figure 1); and an applicator tip (46; figure 1) that is mounted on a distal end (figure 1) of the shank (figure 1), and a container (18; figure 1) for storing the product (paragraph [0027]), comprising: a longitudinal center axis (figure 1); a top opening (at 10; figure 1) orthogonal to the longitudinal center axis (figure 1); a tubular peripheral wall (5; figure 1) that defines the top opening (figures 1-3); and a bottom (22; figure 1); the container is made of plastic (paragraph [0042]), and wherein the wiper (6; figure 1) is integrally formed on the tubular peripheral wall (5; figure 1) of the container (2; figure 1) by integral molding (paragraph [0003]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the composition and formation of the container and wiper of Vasas so the container is made of plastic, and wherein the wiper is integrally formed on the tubular peripheral wall of the container by integral molding as taught by Bouix as it is well known and a common modification in order to reduce cost of manufacturing.
Regarding Claim 3, Vasas as modified by Bouix discloses the apparatus of Claim 1. Vasas discloses the wiper extends circumferentially around the longitudinal center axis of the container (figures 1-3) such that it forms a side surface (figure 3) of a virtual truncated cone whose diameter decreases toward the bottom (figure 3).
Regarding Claim 4, Vasas as modified by Bouix discloses the apparatus of Claim 1. Vasas discloses wherein the container comprises: a tubular member (figures 1-3) forming the tubular peripheral wall (figures 1-3);
Vasas does not disclose a plug member forming the bottom, and the plug member is fitted in a lower opening of the tubular member so as to close the lower opening.
Bouix discloses an apparatus (1; figure 1) for storing and applying a product (Paragraph [0027]), comprising: an applicator (40, 42, 44, 46, 48; figure 1) for applying the product (paragraph [0027]), comprising: a shank (42, 48; figure 1) having a longitudinal center axis (figure 1); and an applicator tip (46; figure 1) that is mounted on a distal end (figure 1) of the shank (figure 1), and a container (18; figure 1) for storing the product (paragraph [0027]), comprising: a longitudinal center axis (figure 1); a top opening (at 10; figure 1) orthogonal to the longitudinal center axis (figure 1); a tubular peripheral wall (5; figure 1) that defines the top opening (figures 1-3); and a bottom (22; figure 1); a plug member ( paragraph [0039]) forming the bottom ( paragraph [0039]), and the plug member is fitted in a lower opening of the tubular member so as to close the lower opening ( paragraph [0039]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the bottom of the container of Vasas to have a plug member forming the bottom, and the plug member is fitted in a lower opening of the tubular member so as to close the lower opening as taught by Bouix in order for the device to be refillable.
Regarding Claim 5, Vasas as modified by Bouix discloses the apparatus of Claim 1. Vasas discloses the applicator and the container are configured so as to be able to couple with each other by snap fitting (column 2, lines 20-40).
Regarding Claim 6, Vasas as modified by Bouix discloses the apparatus of Claim 1. Vasas discloses the shank comprises: an elongated main body (16; figure 4); and an insert (20; figure 4) mounted on a distal end of the elongated main body (figures 1-4), and wherein the applicator tip is fixedly held by the insert (Figures 1-4; column 2, lines 69-75).
Regarding Claim 7, Vasas as modified by Bouix discloses the apparatus of Claim 6. Vasas discloses the insert comprises: a base portion (66; figures 1-4) embedded within the elongated main body (figure 1); and a nose portion (74; figure 4) protruding from the elongated main body (figure 4), and wherein the applicator tip (figure 1) is mounted on the insert (figure 1) so as to protrude from a distal end of the nose portion (figure 1).
Regarding Claim 8, Vasas as modified by Bouix discloses the apparatus of Claim 7. Vasas discloses the applicator and the container are configured such that when the applicator and the container are coupled with each other (figure 1), the insert of the shank of the applicator (figure 1) is fully received in the container (figure 1).
Regarding Claim 9, Vasas as modified by Bouix discloses the apparatus of Claim 7. Vasas discloses the wiper (figures 1-3) is configured such that the distal end of the nose portion (74 is stopped by 22 which is located above the brush portion 25; figures 2-4) of the insert moves through the wiper (the brush portion 25 moves through the wiping portion 60 in figures 2-3, therefore the nose portion of 74 which is stopped at 22 exits the wiping portion; figures 2-3), and the distal end of the nose portion (figures 2-3) of the insert (figures 2-3) makes contact with the wiper (through contact with 16; figures 2-3) all around.
Regarding Claim 10, Vasas as modified by Bouix discloses the apparatus of Claim 7. Vasas discloses the shank of the applicator has a circular cross-section (figures 1-4) orthogonal to the longitudinal center axis (figures 1-4) of the shank (figures 1-4), and wherein the container has a circular cross-section (figures 1-3) orthogonal to the longitudinal center axis (Figures 1-3) of the container (figures 1-3).
Regarding Claim 11, Vasas as modified by Bouix discloses the apparatus of Claim 10. Vasas discloses wherein the outer diameter (see illustrated Figure 1) of a distal end of the elongated main body (figures 1 and 4) that makes contact with the container (figure 1) when the applicator (figure 1) and the container (figure 1) are coupled with each other is substantially the same as the outer diameter (see illustrated figure 1) of a top opening side end of the container (figure 1).
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Regarding Claim 12, Vasas as modified by Bouix discloses the apparatus of Claim 10. Vasas discloses the outer diameter of the elongated main body (figures 1-3) of the shank (figure 1) of the applicator (figure 4) gradually decreases toward its proximal end (figure 4), and wherein the outer diameter of the container (figure 1) is substantially constant.
Regarding Claim 15, Vasas as modified by Bouix discloses the apparatus of Claim 1. Vasas discloses the product (P) to be stored in the container (figures 1-4) is a fluid cosmetic product (column 4, lines 5-10 discloses a fluid cosmetic).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Vasas and Bouix in view of Nakada (US 20220183441).
Regarding Claim 13, Vasas discloses the apparatus of Claim 7. Vasas does not disclose at least one annular rib extending circumferentially around the longitudinal center axis of the shank is formed on the outer surface of the insert of the shank, and wherein at least one annular groove extending circumferentially around the longitudinal center axis of the container is formed on the inner surface of the tubular peripheral wall of the container, and wherein when the applicator and the container are coupled with each other, the annular rib of the shank fits into the annular groove of the container.
Nakada discloses an apparatus (figures 1-7) for storing and applying a product (paragraph [0001]), comprising: an applicator (10; figures 1-3) for applying the product (paragraph [0001]), comprising: a shank (24, 26; figure 1) having a longitudinal center axis (figure 1); and an applicator tip (end of 24; figure 5) that is mounted on a distal end (figure 1) of the shank (figure 1), and a container (28; figure 1), comprising: a longitudinal center axis (figure 1); a top opening (where 10 and 28 connect; figure 5) orthogonal to the longitudinal center axis (figure 5); a tubular peripheral wall (the side of 28; figure 5) that defines the top opening (figures 1-7); and a bottom (figures 1-3) that faces the top opening (figure 5) and closes a lower end of the tubular peripheral wall (figure 5), an elongated main body (26; figure 1); and an insert (24; figure 1) mounted on a distal end of the elongated main body (figures 1-7), and wherein the applicator tip is fixedly held by the insert (by 26a; Figure 5; paragraph [0146]), the insert comprises: a base portion (at 24a; figure 1) embedded within the elongated main body (figure 1); and a nose portion (at the end of 24 where it exits 26; figure 1) protruding from the elongated main body (figure 1), and wherein the applicator tip (figure 1) is mounted on the insert (figure 1) so as to protrude from a distal end of the nose portion (figure 1); at least one annular rib (26b; figures 1-7) extending circumferentially around the longitudinal center axis (figures 1-7) of the shank (figure 1) is formed on the outer surface of the insert (figure 1) of the shank (figure 1), and wherein at least one annular groove (figures 1-7; paragraph [0146] discloses 26b engages the cap) extending circumferentially around the longitudinal center axis (figure 6) of the container is formed on the inner surface of the tubular peripheral wall (figure 6; paragraph [0146]) of the container (paragraph [0146]), and wherein when the applicator and the container are coupled with each other (figure 1-7; paragraph [0146]), the annular rib of the shank fits into the annular groove of the container (figures 1-7; paragraph [0146]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the shank and container of Vasas to have at least one annular rib extending circumferentially around the longitudinal center axis of the shank is formed on the outer surface of the insert of the shank, and wherein at least one annular groove extending circumferentially around the longitudinal center axis of the container is formed on the inner surface of the tubular peripheral wall of the container, and wherein when the applicator and the container are coupled with each other, the annular rib of the shank fits into the annular groove of the container as taught by Nakada to ensure that the cap is secured to the device.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Vasas and Bouix in view of Bianco (US 20200329847).
Regarding Claim 14, Vasas discloses the apparatus of Claim 1. Vasas does not disclose the applicator tip is composed of compacted artificial fibers or compacted natural fibers.
Bianco discloses an apparatus (1; figure 1) for storing and applying a product (Paragraph [0128]), comprising: an applicator (2; figure 1) for applying the product (paragraph [0128]), comprising: a shank (2a; figure 1) having a longitudinal center axis (figure 1); and an applicator tip (10; figure 1) that is mounted on a distal end (figure 1) of the shank (figure 1), and a container (200; figure 1) for storing the product (paragraph [0128]), the applicator tip is composed of compacted artificial fibers or compacted natural fibers (paragraph [0083]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the formation of the applicator of Vasas to composed of compacted artificial fibers or compacted natural fibers as taught by Bianco to decrease the cost of manufacturing.
Response to Arguments
Applicant's arguments filed 09/15/25 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that Vasas does not disclose the container is made of plastic, and wherein the wiper is integrally formed on the tubular peripheral wall of the container by integral molding, the Examiner agrees and such limitation is taught by Bouix. Further, Applicant argues that the wiper of Bouix is formed on the neck rather than the tubular peripheral wall, the Examiner notes that such limitation is functionally claimed as it is product by process and only the end result will be given patentable weight. Additionally, the neck is connected integrally to the tubular wall and is therefore part of the tubular wall.
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 Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772