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
The following claims are objected to because of the following informalities:
There is a lack of antecedent basis for: “the discharge port“ in claims 5 and 10.
Appropriate corrections are required.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3-5, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toshimitsu (JP H0535715 U).
Regarding claim 1, Toshimitsu discloses a liquid contents ejection container (1) having a nozzle blocking structure (see fig.4-5), the liquid contents ejection container (fig.1-5) comprising: a container body (2) in which liquid contents are stored; an ejection unit connected to the container body to eject the liquid contents (via dispensing unit resting under push button 4); a push button (4) connected to the ejection unit to operate the ejection unit (via 9), and formed therein with an ejection path (7); a nozzle coupled (3, see fig.3) to one side of the push button and having an ejection hole (5); and a nozzle blocking unit (6, 8, 9) composed of an elastic body (8, see attached translation, page 3, ll.1-5) formed inside the nozzle and elastically deformed, and a nozzle valve (6) for opening/closing the ejection hole while being reciprocated by the elastic body, wherein the nozzle valve is spaced apart from the ejection hole to open the ejection hole while the elastic body is stretched outward from the inside of the nozzle (6 can be in open position if moved outward from 3 via extending 8 by push button 4), and the nozzle valve covers the ejection hole on an outer side thereof to close the ejection hole while the elastic body is restored (see fig.1-3).
Regarding claim 3, Toshimitsu discloses the container body has one side further coupled to a shoulder to which a push button is straight movably coupled (the shoulder inherently exist within the container body in allowing the push button to move up and down).
Regarding claim 4, Toshimitsu discloses the ejection unit includes a pump for pumping the liquid contents stored in the container body (see fig. 1-3).
Regarding claim 5, Toshimitsu discloses the nozzle has an inner circumference from which a locking step protrudes, and at least a part of the nozzle valve is locked by the locking step, so that the nozzle valve opens and closes the discharge port of the nozzle from an outside (see protruding area that holds 6 in 3).
Regarding claim 10 , Toshimitsu discloses the nozzle valve includes a central shaft inserted into an inner space of the nozzle so as to be coupled to the elastic body, and a valve plate extending outward from the central shaft to open and close the discharge port of the nozzle (see 6 at the end of shaft on 8 in fig.4-5).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Toshimitsu (JP H0535715 U) in view of In view of Son (US 2007/0164053).
Toshimitsu is silent in disclosing the container body includes an inner container for containing the liquid contents therein and an outer container for surrounding an outer side of the inner container. However, Son teaches the commonality of having a container body that includes an inner container for containing the liquid contents therein and an outer container for surrounding an outer side of the inner container (inner 40 and outer containers shown in fig.1). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to add an outer container as taught by Son to the container of Toshimitsu, in order to improve the safety of the device.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Toshimitsu (JP H0535715 U) in view of Mashinter (US 2,555,803).
Regarding claims 6 and 8-9, Toshimitsu discloses the elastic body includes a locking portion (9), an elastic portion (8) extending from the locking portion and elastically deformed.
Toshimitsu is silent in disclosing a coupling portion formed at an end of the elastic portion and coupled to the nozzle valve; the elastic portion has a cylindrical screw shape in which at least one line is wound in parallel at predetermined angle around an imaginary axis passing through the locking portion and the coupling portion; and the coupling portion includes a coupling ring formed at a center thereof with a hole to which the nozzle valve is coupled, and at least one connecting rib for connecting the coupling ring to the elastic portion at a predetermined interval. However, Mashinter teaches the commonality of having an elastic body (50) with a coupling portion (52, fig.1) formed at an end of the elastic portion (50) and coupled to the nozzle valve (62); the elastic portion has a cylindrical screw shape in which at least one line is wound in parallel at predetermined angle around an imaginary axis passing through the locking portion and the coupling portion (see shape of 52 and 36 with respect to shape of 50 in fig.1); and the coupling portion includes a coupling ring formed at a center thereof with a hole to which the nozzle valve is coupled (see shape of 52 and a central hole connected to 62), and at least one connecting rib for connecting the coupling ring to the elastic portion at a predetermined interval (see connection of 52 to 50 in fig.1). It would have been obvious to one having ordinary skill in the art before the effective filling date of the application to modify the elastic body of Toshimitsu as such to include a coupling portion as taught by Mashinter, in order to replace or disassemble parts conveniently.
Regarding claim 7, Toshimitsu discloses the locking portion has a ring shape and is locked and fixed to one end of the nozzle (see shape of 9 in fig.2).
State of the Prior Arts
Regarding claim 1, the prior arts to Kim (KR 20120073669 A), Son (US 2007/0164053), Toshimitsu Yamagishi (JP H0535715 U), Kangs (KR 20130025022 A) and Mashinter (US 2,555,803) as cited in PTO-892 are also citing significant pertinent structures or features to the applicant’s claimed invention with regard to a liquid contents ejection container having a container body in which liquid contents are stored; an ejection unit connected to the container body to eject the liquid contents; a push button connected to the ejection unit to operate the ejection unit, and formed therein with an ejection path; a nozzle coupled to one side of the push button and having an ejection hole; and a nozzle blocking unit composed of an elastic body formed inside the nozzle and elastically deformed, and a nozzle valve for opening/closing the ejection hole while being reciprocated by the elastic body; and the nozzle valve is spaced apart from the ejection hole to open the ejection hole while the elastic body is stretched outward from the inside of the nozzle, and the nozzle valve covers the ejection hole on an outer side thereof to close the ejection hole while the elastic body is restored. It appears that claim 1 does not provide any inventive concept over the cited prior arts.
Conclusion
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/BOB ZADEH/Primary Examiner, Art Unit 3754