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 Objections
Claims 1, 14, and 23 are objected to because of the following informalities:
Claims 1, 14 and 23 recites “a recessed portion” wherein it should be revised to be a “depression” to be consistent with the specification and to avoid confusion.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11-13 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11-13 recites the securing mechanism to include various securing mechanisms including using friction, snap mechanism and a magnetic coupling. It should be noted that the securing mechanism disclosed can be of various means including using a depression as claimed in claim 1. It is found however, of combining multiple securing mechanisms together to secure the lid to the body. Par. 54 of applicant’s specification discloses the various securing mechanism but is silent to combining the securing mechanisms together.
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.
Claim(s) 1-5, 9-10, 14-16 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 200483448 Y1, see machine translated ver.) in view of Hempel (DE 102006026623 A1, see machine translated ver.)
Re. Claim 1, Kim discloses an apparatus (Fig. 1-5; Abstract) comprising:
a body (110) having an opening to a first chamber (120) and a second chamber (see Fig. 1 where it is the recess surrounding the first chamber);
a lid (140) to connect with the body (Fig. 5); and
an applicator (130) connected to the lid (Fig. 1), wherein the applicator is to be stored in the first chamber when the lid is in the closed position (Fig. 5; Par. 5).
However, Kim is silent to the lid including a recessed portion to fit in the opening, wherein the recessed portion forms a seal with the opening to seal the first chamber and the second chamber when the lid is secured to the body in a closed position.
Kim does disclose a plug (142) to seal the first chamber from the second chamber (Fig. 5; Par. 30).
Hempel discloses an apparatus in the same field of endeavor and further discloses a body (2) where a lid (4) is connected to the body (see Figure), wherein the lid includes a plug (see where the recessed portion 15 is found to be placed on and is found to be fitted into the body as shown in the figure) with a recessed portion (15) to fit in the opening (see Figure), wherein the recessed portion forms a seal with the opening is to seal the first chamber (Annotated Figure A) and the second chamber (Annotated Figure A) when the lid is secured to the body in a closed position (Par. 15).
It would have been obvious to someone skilled in the art before the effective filing date to have the lid of Kim to include a recessed portion to fit in the opening, wherein the recessed portion forms a seal with the opening to seal the first chamber and the second chamber when the lid is secured to the body in a closed position as taught by Hempel to provide further sealing between the chambers.
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Annotated Figure A
Re. Claim 2, Kim and Hempel discloses the apparatus of claim 1, wherein Kim discloses the second chamber is to receive an ointment (Abstract discloses it can hold cosmetic product and as such is fully capable of receiving an ointment; It should be noted that the limitation is functionally claim.).
Re. Claim 3, Kim and Hempel discloses the apparatus of claim 2, wherein Kim discloses the ointment is semi-solid (It is found that the ointment is functionally claimed and is fully capable that the ointment received in the second chamber to be semi-solid).
Re. Claim 4, Kim and Hempel discloses the apparatus of claim 3, wherein Kim discloses the ointment is petroleum jelly (It is found that the ointment is functionally claimed and is fully capable that the ointment received in the second chamber to be petroleum jelly).
Re. Claim 5, Kim and Hempel discloses the apparatus of claim 1, wherein Kim discloses the applicator is detachably connected to the lid (Par. 22).
Re. Claim 9, Kim and Hempel discloses the apparatus of claim 1, Kim discloses further comprising a grip portion disposed on the lid (see Fig. 1 where the side surface pointed by element 140 is the grip portion).
Re. Claim 10, Kim and Hempel discloses the apparatus of claim 1, Kim discloses further comprising a securing mechanism to secure the lid to the body (Par. 28 discloses threading between the lid and container).
Re. Claim 14, Kim and Hempel discloses the apparatus Fig. 1-5; Abstract) comprising:
a body (110) having an opening to a first chamber (120) and a second chamber (see Fig. 1 where it is the recess surrounding the first chamber);
a lid (140) to connect with the body (Fig. 5); and
a connector mechanism (143) disposed on the lid to receive an applicator (Fig. 1-5; Par. 29), wherein the applicator is to be stored in the first chamber when the lid is in the closed position (Fig. 5; Par. 5).
However, Kim is silent to the lid including a recessed portion to fit in the opening, wherein the recessed portion forms a seal with the opening to seal the first chamber and the second chamber when the lid is secured to the body in a closed position.
Kim does disclose a plug (142) to seal the first chamber from the second chamber (Fig. 5; Par. 30).
Hempel discloses an apparatus in the same field of endeavor and further discloses a body (2) where a lid (4) is connected to the body (see Figure), wherein the lid includes a plug (see where the recessed portion 15 is found to be placed on and is found to be fitted into the body as shown in the figure) with a recessed portion (15) to fit in the opening (see Figure), wherein the recessed portion forms a seal with the opening is to seal the first chamber (Annotated Figure A) and the second chamber (Annotated Figure A) when the lid is secured to the body in a closed position (Par. 15).
It would have been obvious to someone skilled in the art before the effective filing date to have the lid of Kim to include a recessed portion to fit in the opening, wherein the recessed portion forms a seal with the opening to seal the first chamber and the second chamber when the lid is secured to the body in a closed position as taught by Hempel to provide further sealing between the chambers.
Re. Claim 15, Kim and Hempel discloses the apparatus of claim 14, wherein Kim discloses the second chamber is to receive an ointment (Abstract discloses it can hold cosmetic product and as such is fully capable of receiving an ointment; It should be noted that the limitation is functionally claim.).
Re. Claim 16, Kim and Hempel discloses the apparatus of claim 15, wherein Kim discloses the ointment is semi-solid (It is found that the ointment is functionally claimed and is fully capable that the ointment received in the second chamber to be semi-solid).
Re. Claim 18, Kim and Hempel discloses the apparatus of claim 14, Kim discloses further comprising a grip portion disposed on the lid (see Fig. 1 where the side surface pointed by element 140 is the grip portion).
Re. Claim 19, Kim and Hempel discloses the apparatus of claim 14, Kim discloses further comprising a securing mechanism to secure the lid to the body (Par. 28 discloses threading between the lid and container).
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 200483448 Y1, see machine translated ver.) in view of Hempel (DE 102006026623 A1, see machine translated ver.) and Bouix (WO 9920144 A1).
Re. Claim 11, Kim and Hempel discloses the apparatus of claim 10, but are silent to the securing mechanism is to secure the lid to the body with friction.
Bouix discloses a cosmetic container in the same field of endeavor and further discloses a lid (2) and a base (3) that can be secured to one another in various means including threading, snap fit, magnetic assembly and press fit/friction (Pg. 5, lines 6-12 of Specification).
It would have been obvious to someone skilled in the art before the effective filing date to have the apparatus of Kim and Hempel to have a securing mechanism to secure the lid to the body with friction as taught by Bouix as it is a design choice as to a means for securing the two elements to a closed position.
Re. Claim 12, Kim and Hempel discloses the apparatus of claim 10, but are silent to the securing mechanism includes a snap mechanism.
Bouix discloses a cosmetic container in the same field of endeavor and further discloses a lid (2) and a base (3) that can be secured to one another in various means including threading, snap fit, magnetic assembly and press fit/friction (Pg. 5, lines 6-12 of Specification).
It would have been obvious to someone skilled in the art before the effective filing date to have the apparatus of Kim and Hempel to have a securing mechanism to secure the lid to the body with a snap mechanism as taught by Bouix as it is a design choice as to a means for securing the two elements to a closed position.
Re. Claim 13, Kim and Hempel discloses the apparatus of claim 10, but are silent to the securing mechanism includes a magnetic coupling.
Bouix discloses a cosmetic container in the same field of endeavor and further discloses a lid (2) and a base (3) that can be secured to one another in various means including threading, snap fit, magnetic assembly and press fit/friction (Pg. 5, lines 6-12 of Specification).
It would have been obvious to someone skilled in the art before the effective filing date to have the apparatus of Kim and Hempel to have a securing mechanism to secure the lid to the body with a magnetic coupling as taught by Bouix as it is a design choice as to a means for securing the two elements to a closed position.
Claim(s) 23-24, 28, and 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 200483448 Y1, see machine translated ver.) in view of Hempel (DE 102006026623 A1, see machine translated ver.), Kamen (US 20050075596 A1) and Kingsford (US 20010032656 A1).
Re. Claim 23, Kim discloses a method (Abstract; Fig. 5) comprising:
removing a lid from a body (Fig. 1 and 5; Abstract; Par. 1; body is element 110), wherein an applicator is connected to the lid and stored in a first chamber (120) of the body (Fig. 1 and 5; Par. 5), and wherein the lid in an opening of the body (see Fig. 5);
inserting the applicator into a second chamber of the body (see Fig. 1 where it is the recess surrounding the first chamber; Par. 22), wherein the second chamber stores a cosmetic product (Par. 22);
loading the applicator with the cosmetic product (Par. 22);
inserting the applicator into the first chamber for storage (Fig. 5; Par. 22); and
securing the lid to the body to seal the first chamber and the second chamber with the recessed portion against the body.
However, Kim is silent to securing the lid including a recessed portion to fit in an opening of the body, and securing the lid to the body to seal the first chamber and the second chamber with the recessed portion against the body. Further, Kim is silent to the second chamber storing ointment, loading the applicator with the ointment and inserting the applicator into a nostril to apply the ointment.
Kim does disclose a plug (142) to seal the first chamber from the second chamber (Fig. 5; Par. 30).
Hempel discloses an apparatus in the same field of endeavor and further discloses a body (2) where a lid (4) is connected to the body (see Figure), wherein the lid includes a plug (see where the recessed portion 15 is found to be placed on and is found to be fitted into the body as shown in the figure) with a recessed portion (15) to fit in the opening (see Figure), wherein the recessed portion forms a seal with the opening is to seal the first chamber (Annotated Figure A) and the second chamber (Annotated Figure A) when the lid is secured to the body in a closed position (Par. 15).
It would have been obvious to someone skilled in the art before the effective filing date to have the lid of Kim to include a recessed portion to fit in the opening, wherein the recessed portion forms a seal with the opening to seal the first chamber and the second chamber when the lid is secured to the body in a closed position as taught by Hempel to provide further sealing between the chambers. The combination as such teaches securing the lid including a recessed portion to fit in an opening of the body, and securing the lid to the body to seal the first chamber and the second chamber with the recessed portion against the body.
Kamen discloses an applicator in the same field of endeavor and further discloses the applicator is coated in a gel (Par. 5) to be inserted into the nostril to apply the gel (Par. 36).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Kim and Hempel to include inserting the applicator into the nostril to apply the cosmetic product as taught by Kamen to provide a sanitary means to apply the product to the area of interest.
Kingsford discloses the apparatus in the same field of endeavor and further discloses the apparatus can comprise cosmetic product and medical ointments in the container (Par. 3).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Kim, Hempel, and Kamen to store ointment as taught by Kingsford as it is a design choice as to the product being contained. The combination as such discloses the second chamber storing ointment, loading the applicator with the ointment and inserting the applicator into a nostril to apply the ointment.
Re. Claim 24, Kim, Hempel, Kamen and Kingsford discloses the method of claim 23, Kim discloses further comprising connecting the applicator to the lid (Fig. 3; Par. 29).
Re. Claim 28, Kim, Hempel, Kamen and Kingsford discloses the method of claim 23, Kim discloses further comprising holding a grip portion disposed on the lid to manipulate the applicator (see Fig. 1 where the side surface pointed by element 140 is the grip portion).
Re. Claim 30, Kim, Hempel, Kamen and Kingsford discloses the apparatus of claim 1, wherein Hempel discloses the applicator is permanently connected to the lid (see Figure). Kim discloses the lid is used to manipulate the applicator (Fig. 1; Par. 44).
It would have been obvious to someone skilled in the art before the effective filing date to have the applicator of Kim, Hempel, Kamen and Kingsford to be permanently connected to the lid as taught by Hempel as it is a design choice as to the arrangement of the applicator to the lid.
Re. Claim 31, Kim, Hempel, Kamen and Kingsford discloses the apparatus of claim 1, Kim discloses further comprising a plug (142) to be inserted into the first chamber (Fig. 1), wherein the plug is to seal the first chamber from the second chamber (Par. 29-30).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HOLLY T TO whose telephone number is (571)272-0719. The examiner can normally be reached Monday - Thursday 6:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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