DETAILED ACTION
This office action is in response to the claim set filed on 05/21/2024. The applicant is a National Stage Entry of application PCT/KE2022/017696, claiming foreign priority to application KR10-2021-0186818 with priority date of 12/24/2021. Because all of the requirement for foreign priority are met, the effective filing date of the claim set is 12/24/2021. Claims 1-12 are pending in the application and are examined on the merits.
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 1-12 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999).
The term “formed” in claim 1 is used by the claim to mean “arranged or located or coupled to,” while the accepted meaning is “manufactured or created.” The term is indefinite because the specification does not clearly redefine the term. More specifically, in claim 1, recitations “an inner housing formed on an inner side of the shoulder” and “an opening and closed rod formed on the inner housing” make it appear that these components are manufactured or created on top of the inner housing. However, in fact, these components are assembled or coupled to the inner housing and thus use of “formed” leads to indefiniteness.
Claims 2-12 are also rejected under the same grounds for being dependent on claim 1.
Allowable Subject Matter
Claims 1-12 are allowable if the 35 USC 112(b) rejections are overcome through amendment. The primary reason for allowance is the inclusion of limitations “an inner housing formed on an inner side of the shoulder, and having a contents inlet hole formed on one side of the inner housing; an opening and closing rod formed on the inner housing to open and close the discharge port through a reciprocating movement” in claim 1. The prior arts do not teach or render obvious the claimed recitation either alone or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior arts disclose subject matter related to cosmetic dispensers but fail to teach each and every limitation of the claims: US PG PUB 2007/0164053, US PG PUB 2016/0073762, US PN 9,517,482, and US PN 10,618,069.
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/Vishal Pancholi/Primary Examiner, Art Unit 3754