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 § 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.
Claims 19-21 are 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.
Claim 19 recites the limitation "the sealing plug" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the sealing plug" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 is rejected as inheriting the defect of claim 19.
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.
Claim(s) 19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maguire (US 2079744) in view of Tajima (US 7972075).
Regarding claim 19, Maguire teaches a dispensing package to dispense and apply a fluid product, the dispensing package comprises: an applicator body comprising a cylindrical portion (10) and an application head (12 and 13), the application head having an application and dispensing face (area of 13 surrounding 16) with an orifice (16) for product dispensing; an inner bottle (26) housing the fluid product, the inner bottle enclosed by the cylindrical portion of the applicator body (Fig. 1); a screw rod assembly (B) positioned rotatably at a bottom part of the inner bottle, a screw rod (29) of the screw rod assembly threadedly engaged with a piston (30), allows fluid product dispensing through the orifice on the application head; a dialer (C) for rotating the screw rod assembly to move the piston along the screw rod so that the fluid product in the inner bottle is discharged from the orifice located on the application head.
Maguire does not teach that the application head comprises an inner cylindrical skirt extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof; wherein the inner cylindrical skirt forms a passage, allowing the fluid product to flow from the inner bottle to the orifice of the applicator head; wherein the sealing plug includes an inner annular skirt encompassing a hollow space, an outer annular skirt spaced radially outward and co-axial with inner skirt, and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt; and wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head, and the inner annular skirt of the sealing plug makes a sealing contact with the inner cylindrical skirt of the application head, preventing the flow of the fluid product from the inner bottle into a hollow space of the application head that surrounds the inner cylindrical skirt.
Tajima teaches an application head (11) that comprises an inner cylindrical skirt (comprising 11a) extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof (Fig. 1); wherein the inner cylindrical skirt forms a passage, allowing the fluid product to flow from the inner bottle to the orifice of the applicator head; wherein a sealing plug (12a) includes an inner annular skirt (102a) encompassing a hollow space (between 12a and 11, see Fig. 1), an outer annular skirt spaced radially outward and co-axial with inner skirt (Fig. 3), and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt (Fig. 3); and wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head (Fig. 1), and the inner annular skirt of the sealing plug makes a sealing contact with the inner cylindrical skirt of the application head (Fig. 1), preventing the flow of the fluid product from the inner bottle into a hollow space of the application head that surrounds the inner cylindrical skirt (Fig. 1).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have modified the device of Maguire such that the application head comprises an inner cylindrical skirt extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof; wherein the inner cylindrical skirt forms a passage, allowing the fluid product to flow from the inner bottle to the orifice of the applicator head; wherein the sealing plug includes an inner annular skirt encompassing a hollow space, an outer annular skirt spaced radially outward and co-axial with inner skirt, and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt; and wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head, and the inner annular skirt of the sealing plug makes a sealing contact with the inner cylindrical skirt of the application head, preventing the flow of the fluid product from the inner bottle into a hollow space of the application head that surrounds the inner cylindrical skirt as taught by Tajima for the purpose of regulating the flow of fluid to the applicator (Tajima col. 4, ll. 41-44).
Regarding claim 21, Maguire teaches a dispensing package to dispense and apply a fluid product, the dispensing package comprises: an applicator body comprising a cylindrical portion (10) and an application head (12 and 13), the application head having an application and dispensing face (area of 13 surrounding 16) with an orifice (16) for product dispensing; an inner bottle (26) housing the fluid product, the inner bottle enclosed by the cylindrical portion of the applicator body (Fig. 1); a screw rod assembly (B) positioned rotatably at a bottom part of the inner bottle, a screw rod (29) of the screw rod assembly threadedly engaged with a piston (30), allows fluid product dispensing through the orifice on the application head; a dialer (C) for rotating the screw rod assembly to move the piston along the screw rod so that the fluid product in the inner bottle is discharged from the orifice located on the application head, and wherein at a final stage of the piston, the piston comes in intimate contact with the top of the applicator body unable to move any further, and at this final stage, an annular inner wall of the piston fits snugly into the cylindrical inner skirt of the applicator head (see phantom lines in Fig. 1 and pg. 2, col. 2, ll. 38-44).
Maguire does not teach that the application head comprises an inner cylindrical skirt extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof, wherein the inner cylindrical skirt forms a passage, allowing the fluid product to flow from the inner bottle to the orifice of the applicator head; wherein the sealing plug includes an inner annular skirt encompassing a hollow space, an outer annular skirt spaced radially outward and co-axial with inner skirt, and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt; and wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head, and the inner annular skirt of the sealing plug makes a sealing contact with the inner cylindrical skirt of the application head; and wherein at a final stage of the piston, the piston comes in intimate contact with the sealing plug unable to move any further, and at this final stage, an annular inner wall of the piston fits snugly into the cylindrical inner skirt of the applicator head.
Tajima teaches an application head (11) that comprises an inner cylindrical skirt (comprising 11a) extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof (Fig. 1); wherein the inner cylindrical skirt forms a passage, allowing the fluid product to flow from the inner bottle to the orifice of the applicator head; wherein a sealing plug (12a) includes an inner annular skirt (102a) encompassing a hollow space (between 12a and 11, see Fig. 1), an outer annular skirt spaced radially outward and co-axial with inner skirt (Fig. 3), and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt (Fig. 3); and wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head (Fig. 1), and the inner annular skirt of the sealing plug makes a sealing contact with the inner cylindrical skirt of the application head (Fig. 1).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have modified the device of Maguire such that the application head comprises an inner cylindrical skirt extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof, wherein the inner cylindrical skirt forms a passage, allowing the fluid product to flow from the inner bottle to the orifice of the applicator head; wherein the sealing plug includes an inner annular skirt encompassing a hollow space, an outer annular skirt spaced radially outward and co-axial with inner skirt, and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt; and wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head, and the inner annular skirt of the sealing plug makes a sealing contact with the inner cylindrical skirt of the application head for the purpose of regulating the flow of fluid to the applicator (Tajima col. 4, ll. 41-44).
Furthermore, it would have been obvious to have shaped the sealing plug of Tajima such that at a final stage of the piston, the piston comes in intimate contact with the sealing plug unable to move any further, and at this final stage, an annular inner wall of the piston fits snugly into the cylindrical inner skirt of the applicator head for the purpose of ensuring that material in the top of the inner bottle is discharged (Maguire pg. 2, col. 2, ll. 38-44).
Claim(s) 1-9 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maguire and Tajima as applied to claim 19 above, and further in view of Gieux (US 9155372).
Regarding claim 20, the combination of Maguire and Tajima teaches the dispensing package according to claim 19, but does not teach that the application head includes a non-dispensing face opposing the application and dispensing face; wherein the non-dispensing face extends over the rear, left, and right sides of the applicator head, encompassing a larger area around a central longitudinal axis of the application head compared to the application and dispensing face; wherein the application and dispensing face inclines towards a rear side of the application head, including a smoothly arched surface that extends from an upper end of a cylindrical base of the application head to a tip thereof; and wherein the non-dispensing face slopes towards the dispensing and application face, having a subtle concave curve before smoothly merging with a periphery of the application and dispensing face; and wherein the application and dispensing face has a greater inclination relative to the central longitudinal axis of the application head as compared to the non-dispensing face.
Gieux teaches an application head (in figs. 2a-2c) with a non-dispensing face (210) opposing an application and dispensing face (110); wherein the non-dispensing face extends over the rear, left, and right sides of the applicator head, encompassing a larger area around a central longitudinal axis of the application head compared to the application and dispensing face (Fig. 2c); wherein the application and dispensing face inclines towards a rear side of the application head, including a smoothly arched surface that extends from an upper end of a cylindrical base of the application head to a tip thereof; and wherein the non-dispensing face slopes towards the dispensing and application face, having a subtle concave curve before smoothly merging with a periphery of the application and dispensing face; and wherein the application and dispensing face has a greater inclination relative to the central longitudinal axis of the application head as compared to the non-dispensing face (Fig. 2c).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have modified the shape of the applicator head of Maguire such that it includes a non-dispensing face opposing the application and dispensing face; wherein the non-dispensing face extends over the rear, left, and right sides of the applicator head, encompassing a larger area around a central longitudinal axis of the application head compared to the application and dispensing face; wherein the application and dispensing face inclines towards a rear side of the application head, including a smoothly arched surface that extends from an upper end of a cylindrical base of the application head to a tip thereof; and wherein the non-dispensing face slopes towards the dispensing and application face, having a subtle concave curve before smoothly merging with a periphery of the application and dispensing face; and wherein the application and dispensing face has a greater inclination relative to the central longitudinal axis of the application head as compared to the non-dispensing face as taught by Gieux, wherein doing so would merely be a matter of simple substitution of one known applicator shape for another with predictable results.
Regarding claim 1, Maguire teaches a dispensing package to dispense and apply a fluid product, the dispensing package comprises: an applicator body, formed as a single unit (Fig. 1), including a cylindrical body (10) at a lower portion thereof, an application head (12 and 13) at an upper portion thereof, and a shoulder portion (11) between the cylindrical body and the application head; an inner bottle (26) accommodated inside the cylindrical body of the applicator body, the inner bottle configured to house the fluid product therein; a screw rod assembly (B) positioned rotatably at a bottom part of the inner bottle; a piston (30) threadedly engaged with a screw rod (29) of the screw rod assembly and having an annular outer wall elastically contacted with an inner surface of the side wall of the inner bottle (col. Pg. 2, col. 2, ll. 63-65); a dialer (C) for rotating the screw rod to slide the piston along the screw rod so that the fluid product in the inner bottle is lifted and discharged from an orifice (16) located on the application head; wherein the application head includes an application and dispensing face (surrounding orifice 16) suitable for applying the product to skin of a user, at a front side thereof, wherein the application and dispensing face includes the orifice for dispensing the fluid product.
Maguire does not teach a sealing plug fixed within the applicator body, located at a lower end of the application head and positioned above the inner bottle; a non-dispensing face; wherein the non-dispensing face extends over the rear, left, and right sides of the applicator head, encompassing a larger area around a central longitudinal axis of the application head compared to the application and dispensing face; wherein the application and dispensing face inclines towards a rear side of the application head, including a smoothly arched surface that extends from an upper end of a cylindrical base of the application head to a tip thereof; wherein the non-dispensing face slopes towards the dispensing and application face, having a subtle concave curve before smoothly merging with a periphery of the application and dispensing face; wherein the application and dispensing face has a greater inclination relative to the central longitudinal axis of the application head as compared to the non-dispensing face; wherein the application head comprises an inner cylindrical skirt extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof; wherein the sealing plug includes an inner annular skirt encompassing a hollow space, an outer annular skirt spaced radially outward and co-axial with inner skirt, and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt, wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head, and the inner annular skirt of the sealing plug form a sealing contact with the inner cylindrical skirt of the application head, preventing the fluid product from flowing into a hollow space of the application head that surrounds the inner cylindrical skirt.
Tajima teaches a sealing plug (12a) fixed within an applicator body, wherein the application head comprises an inner cylindrical skirt (comprising 11a) extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof (Fig. 1); wherein the sealing plug includes an inner annular skirt (102a) encompassing a hollow space (between 11 and 12a, see Fig. 1), an outer annular skirt spaced radially outward and co-axial with inner skirt, and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt (Fig. 3), wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head, and the inner annular skirt of the sealing plug form a sealing contact with the inner cylindrical skirt of the application head, preventing the fluid product from flowing into a hollow space of the application head that surrounds the inner cylindrical skirt (Fig. 1).
Gieux teaches a non-dispensing face (210); wherein the non-dispensing face extends over the rear, left, and right sides of the applicator head, encompassing a larger area around a central longitudinal axis of the application head compared to the application and dispensing face; wherein the application and dispensing face inclines towards a rear side of the application head, including a smoothly arched surface that extends from an upper end of a cylindrical base of the application head to a tip thereof; wherein the non-dispensing face slopes towards the dispensing and application face, having a subtle concave curve before smoothly merging with a periphery of the application and dispensing face; wherein the application and dispensing face has a greater inclination relative to the central longitudinal axis of the application head as compared to the non-dispensing face; wherein the application head comprises an inner cylindrical skirt extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof (Fig. 2C).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have modified the device of Maguire to include a sealing plug fixed within the applicator body, wherein the application head comprises an inner cylindrical skirt extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof; wherein the sealing plug includes an inner annular skirt encompassing a hollow space, an outer annular skirt spaced radially outward and co-axial with inner skirt, and an annular horizontal wall connecting lower ends of both the outer skirt and the inner skirt, wherein the outer skirt of the sealing plug forms a tight seal with an inner surface of the application head, and the inner annular skirt of the sealing plug form a sealing contact with the inner cylindrical skirt of the application head, preventing the fluid product from flowing into a hollow space of the application head that surrounds the inner cylindrical skirt as taught by Tajima for the purpose of regulating the flow of fluid to the applicator (Tajima col. 4, ll. 41-44).
Furthermore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have modified the shape of the application head of Maguire such that it includes a non-dispensing face; wherein the non-dispensing face extends over the rear, left, and right sides of the applicator head, encompassing a larger area around a central longitudinal axis of the application head compared to the application and dispensing face; wherein the application and dispensing face inclines towards a rear side of the application head, including a smoothly arched surface that extends from an upper end of a cylindrical base of the application head to a tip thereof; wherein the non-dispensing face slopes towards the dispensing and application face, having a subtle concave curve before smoothly merging with a periphery of the application and dispensing face; wherein the application and dispensing face has a greater inclination relative to the central longitudinal axis of the application head as compared to the non-dispensing face; wherein the application head comprises an inner cylindrical skirt extending downward from an interior surface of the application and dispensing face, encircling the orifice from inner side thereof as taught by Gieux, wherein doing so would merely be a matter of simple substitution of one known applicator shape for another with predictable results.
Regarding claim 2, the combination of Maguire, Tajima, and Gieux teaches the dispensing package according to claim 1, wherein a perimeter of the application and dispensing face includes a gentle first convex curve rising from an upper end of the cylindrical base of the application head, extending axially upward and with its convex facing the left side of the applicator head; wherein the first convex curve transitions into a more pronounced second convex curve that intersects a plane of symmetry of the application head, the second convex curve face the rear side of the applicator head; and wherein the second convex curve concluding downwardly with a third convex curve near the cylindrical base, the third convex curve faces the right side of the applicator head (Gieux, Fig. 2C).
Regarding claim 3, the combination of Maguire, Tajima and Gieux teaches the dispensing package according to claim 2, wherein the third convex curve being similarly shaped as the first convex curve, having steeper slopes than a slope of the second convex curve (Gieux, Fig. 2C).
Regarding claim 4, the combination of Maguire, Tajima, and Gieux teaches the dispensing package according to claim 2, wherein the application and dispensing face and the non-dispensing face are curved convexly in a direction perpendicular to the central longitudinal axis of the applicator head; wherein the non-dispensing face covers a first portion of a peripheral contour of the application head, while the application and dispensing face covers a second portion of the peripheral contour of the application head; and wherein a convex curve of the application and dispensing face in a direction perpendicular to the central longitudinal axis of the applicator head being gentler than a convex curve of the non-dispensing face in a direction perpendicular to the central longitudinal axis of the applicator head (Gieux, Fig. 2C).
Regarding claim 5, the combination of Maguire, Tajima and Gieux teaches the dispensing package according to claim 2, wherein the application head includes the plane of symmetry that passes through the central longitudinal axis of the applicator head, and the plane of symmetry divides the second convex curve of the perimeter in two equal halves; and wherein the tip of the applicator head is defined on the perimeter of the application and dispensing face lies on the plane of symmetry (Gieux Fig. 2C).
Regarding claim 6, the combination of Maguire, Tajima and Gieux teaches the dispensing package according to claim 1, but does not teach that a length of the application and dispensing face lies between 25-35 mm; wherein a maximum width of the application and dispensing face lies in a range between 24-30 mm; and wherein the application head is predominantly non-circular.
At the effective filing date of the claimed invention, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have changed the size and shape of the applicator head such that a length of the application and dispensing face lies between 25-35 mm; wherein a maximum width of the application and dispensing face lies in a range between 24-30 mm; and wherein the application head is predominantly non-circular because Applicant has not disclosed that the particular size and shape of the applicator head provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Gieux's applicator head and the applicant's invention to perform equally well with either the circular shape and unspecified size taught by Gieux or the claimed applicator head with a length of the application and dispensing face lies between 25-35 mm; wherein a maximum width of the application and dispensing face lies in a range between 24-30 mm; and wherein the application head is predominantly non-circular because both applicator heads are equally capable of applying a fluid to a user’s skin.
Accordingly, it would have been obvious one of ordinary skill in the art at the effective filing date of the claimed invention to modify the size and shape of the applicator head of Gieux to obtain the invention as specified in claim 6 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Gieux.
Regarding claim 7, the combination of Maguire, Tajima, and Gieux teaches the dispensing package according to claim 2, wherein the outer annular skirt of the sealing plug includes a projection (Tajima, see annotated Fig. 3 below) that snaps into a corresponding groove (Tajima Fig. 1) located on an inner circumference of the cylindrical base of the application head; and wherein the inner annular skirt of the sealing plug securely snaps into place on the inner cylindrical skirt (Fig. 1).
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Regarding claim 8, the combination of Maguire, Tajima, and Gieux teaches the dispensing package according to claim 1, wherein the dispensing package includes a cap (Gieux 30) configured to be removably engaged to the shoulder portion of the applicator body, but does not teach that an outer surface of the shoulder portion is provided with threads to engage with corresponding threads located on an inner surface of a sidewall of the cap.
Official Notice is taken that it is extremely well-known to attach a cap to a body via a threaded connection.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the device of Maguire with a cap as taught by Gieux for the purpose of sealing the orifice when not in use (Gieux col. 10, ll. 55-58). Furthermore, it would have been within the level of ordinary skill in the art at the effective filing date of the claimed invention to have provided the cap and shoulder with threads, wherein doing so would have merely been a matter of selecting a well-known means of attaching a cap to a body.
Regarding claim 9, the combination of Maguire, Tajima, and Gieux teaches the dispensing package according to claim 8, wherein the cap includes a sealing projection (Gieux 31) extending downwardly from an inner surface of an upper wall thereof; and wherein the sealing projection is configured to be inserted into the orifice of the applicator head to effectively seal the orifice (Gieux Fig. 2b).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maguire, Tajima, and Gieux as applied to claim 1 above, and further in view of Yang (US 12497232).
Regarding claim 10, the combination of Maguire, Tajima, and Gieux teaches the dispensing package according to claim 1, wherein the inner bottle has a cylindrical structure comprising a sidewall having an open lower end and an open upper end (Maguire, Fig. 1).
The combination does not teach that an outer surface of the inner bottle an annular protrusion on outer circumference thereof configured to be received within an annular snap groove located on an inner circumference of the applicator body; and wherein an annular bead is located on outer circumference of the inner bottle near the open upper end thereof; and wherein the annular bead press against the inner circumference of the applicator body at the shoulder portion of the applicator body.
Yang teaches an inner bottle (2) wherein an outer surface of the inner bottle an annular protrusion (see annotated Fig. 1 below) on outer circumference thereof configured to be received within an annular snap groove located on an inner circumference of the applicator body; and wherein an annular bead (see annotated Fig. 1 below) is located on outer circumference of the inner bottle near the open upper end thereof; and wherein the annular bead press against the inner circumference of the applicator body at the shoulder portion of the applicator body
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Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the inner bottle of Maguire with an annular protrusion on outer circumference thereof configured to be received within an annular snap groove located on an inner circumference of the applicator body; and wherein an annular bead is located on outer circumference of the inner bottle near the open upper end thereof; and wherein the annular bead press against the inner circumference of the applicator body at the shoulder portion of the applicator body as taught by Yang for the purpose of positioning the inner bottle in the device (Yang, col. 5, ll. 26-30).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maguire, Tajima, and Gieux as applied to claim 1 above, and further in view of Chen (US 11325766).
Regarding claim 14, the combination of Maguire, Tajima, and Gieux teaches the dispensing package according to claim 1, wherein the screw rod assembly includes the screw rod (Maguire 29) with threads formed along its outer surface, but does not teach that a support plate is integrally connected at a lower end of the screw rod; and wherein the support plate is secured on the bottom part of the inner bottle and fits snugly into an annular groove located on the inner surface of the bottom part of the inner bottle.
Chen teaches a support plate (including 2, 3, and 7) is integrally connected at a lower end of the screw rod; and wherein the support plate is secured on the bottom part of the inner bottle (9) and fits snugly into an annular groove (at 7) located on the inner surface of the bottom part of the inner bottle.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have modified the device of Maguire to include a support plate is integrally connected at a lower end of the screw rod; and wherein the support plate is secured on the bottom part of the inner bottle and fits snugly into an annular groove located on the inner surface of the bottom part of the inner bottle as taught by Chen, wherein doing so would merely be using an alternative means for connecting the screw rod to the inner bottle.
Regarding claim 15, the combination of Maguire, Tajima, Gieux, and Chen teaches the dispensing package according to claim 14, wherein multiple ribs (Chen 3) extend radially on the lower surface of the support plate, uniformly distributed along a circumference of the support plate; and wherein the dialer is provided with four group of protrusions (Chen 4), which are aligned equidistant around an inner perimeter of the bottom wall of the dialer, that engage between the multiple ribs for aligning the screw rod assembly and for installing the screw rod assembly in a non-rotatable manner with respect to the dialer.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maguire, Tajima and Gieux as applied to claim 1 above, and further in view of Wilcox (US 2014/0323993).
Regarding claim 16, the combination of Maguire, Tajima, and Gieux teaches the dispensing package according to claim 1, wherein the piston has an annular inner wall (Maguire, inner wall of 30), an annular outer wall (Maguire, outer wall of 30) and a plate-shaped transverse annular wall connecting the annular inner wall to the annular outer wall; wherein the annular outer wall elastically contacts with an inner surface of the inner bottle (Maguire Fig. 1); wherein the annular inner wall of the piston has a through hole and a middle section of the annular inner wall includes screw threads formed in an inner periphery thereof (Maguire Fig. 1).
Maguire does not teach that the annular inner wall accommodates a central plug in the hollow interior thereof at an upper section thereof.
Wilcox teaches a piston (905) with an annular inner wall that accommodates a central plug (901) in the hollow interior at an upper section thereof.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have modified the piston of Maguire to include a central plug in the hollow interior thereof at an upper section thereof as taught by Wilcox for the purpose of sealing around the thread (Wilcox ¶0238).
Regarding claim 17, the combination of Maguire, Tajima, Gieux, and Wilcox teaches the dispensing package according to claim 16, wherein the central plug is a hollow cylindrical body with a through-hole is formed at the center thereof (Wilcox Fig. 8); wherein an inner diameter of the open upper end portion of the central plug has a larger diameter as compared to its inner diameter at lower end portion thereof; wherein an inner periphery of the lower end portion of the central plug is provided with corresponding threads to match with the threads of screw rod (Wilcox Fig. 8).
Regarding claim 18, the combination of Maguire, Tajima, Gieux, and Wilcox teaches the dispensing package according to claim 17, wherein the hollow cylindrical body of central plug has at least one annular bead that snaps into a corresponding annular groove provided on upper inner periphery of the annular inner wall to secure the central plug into the through hole of the piston (Wilcox, lower annular bead that abuts 903, see Fig. 8).
Allowable Subject Matter
Claims 11-13 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY S OLIVER whose telephone number is (571)270-3787. The examiner can normally be reached Monday-Friday, 7-3 ET.
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/BRADLEY S OLIVER/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754