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 .
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 1-8 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 1 recites the limitation "the top of the shoulder" in line 6. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claims 2-8 fail to cure the deficiencies.
Claim 2 recites the limitation "the outer peripheral surface of the should part or on the inner peripheral surface…." in lines 2-3; and “the rotation” in line 3. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claim 3 recites the limitation "the outer peripheral surface of the should part or on the inner peripheral surface…." in lines 2-3; and “the rotation” in line 3. There is insufficient antecedent basis for this limitation in the claim; therefore, the metes and bounds of the limitation are not readily understood.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amorepacific Corporation (KR 10-1896280 B1; hereinafter Amorepacific).
Regarding claim 1, Amorepacific discloses a pump container (10; see Figs. 1-4) comprising a pump part (322); a shoulder part (30) of which one side is coupled to the container part and the other side is coupled to the pump part to couple the pump part to the container part (see Fig. 4); and a head part (50) coupled to the top of the shoulder part to discharge the contents in response to pressing by a user (see Par. 0029 and 0034).
Regarding claim 2, Amorepacific discloses a pump container wherein at least one rotation prevention protrusion (52) is protrudingly formed on an inner peripheral surface of the head part to prevent the rotation of the shoulder part and the head part (see Fig. 5; Par. 0054-0056).
Regarding claims 3-4, Amorepacific discloses a pump container wherein at least one rotation prevention groove (423) is formed on an outer peripheral surface of the shoulder part to prevent the rotation of the shoulder part and the head part (see Fig. 5).
Regarding claims 5-6, Amorepacific discloses a pump container wherein a ring part (421/422) which extends outward from the outer peripheral surface to a predetermined length and is in contact with at least a portion of the inner peripheral surface of the head part is provided on the upper side of the shoulder part (see Figures 5-6).
Regarding claims 7-8, Amorepacific discloses a pump container wherein the pump part comprises a cylinder (32) opened at the upper portion and the lower portion thereof and has a hollow formed therein (see Fig. 4); a cylinder cap (33) provided on the inner wall of the cylinder; a sealing part (31), at least a portion of which is inserted into the cylinder to at least partially seal the upper portion of the cylinder; a piston rod (313) having an inlet formed at the bottom to be opened and closed by the cylinder cap, and a passage formed to the top thereof to be connected to the inlet; a stem (42) coupled to the piston rod to ascend and descend together with the piston rod; and an elastic member (35) provided between the stem and the sealing part to provide elasticity from the sealing part to the stem (see Fig. 3; and Par. 0034).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734
Prosecution Insights