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 .
Election/Restrictions
Applicant’s election without traverse of Species I, claims 1-6 in the reply filed on 1/9/26 is acknowledged.
Claims 7-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/9/26.
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 1-6 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.
In claim 1, lines 10 and 11 recite that the exit communicates with the axial space. The axial space is identified as 31 in the instant drawings and specification. It is unclear how the exit communicates with this axial space. Rather, it appears that the at least one exit communicates with the axial channel 24, and will be assumed as such for purposes of claim analysis and this office action.
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.
Claims 1,5,6 are rejected under 35 U.S.C. 103 as being unpatentable over Liu 20180332946 in view of Lee et al 20220192344.
[AltContent: arrow][AltContent: textbox (Exit disposed at edge of tapered member)][AltContent: textbox (Tapered member projects from end of main body)][AltContent: arrow][AltContent: arrow][AltContent: textbox (exit)][AltContent: arrow][AltContent: textbox (Axial space)][AltContent: arrow][AltContent: textbox (Main body of sleeve)][AltContent: arrow][AltContent: textbox (Axial channel)][AltContent: arrow][AltContent: textbox (cylinder)][AltContent: arrow][AltContent: textbox (Fastening member)][AltContent: arrow][AltContent: textbox (First flange)]
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. With regard to claims 1 and 6, Liu discloses a valve (see above annotated fig. 5), comprising: an applicator head 41; a plunger including an annular first flange 31, a fastening member 33 projecting from a first end of the annular first flange 31 with the applicator head 41 disposed thereon, a cylinder 32 extending from a second end of the annular first flange 31, and an axial channel 35 disposed through the plunger; a sleeve including a main body 12, an axial space 15 disposed through the main body 12 for receiving the cylinder 32, a tapered member (see above) projecting from a first end of the main body 12, an annular third flange 14 disposed at a second end of the main body 12, and at least one exit 16 disposed at an edge of the tapered member and communicating with the axial channel 35.
With further regard to claims 1 and 6, Liu does not disclose a hollow, cylindrical resilient member made of flexible plastic material (silicone) and disposed on the cylinder and in the axial space. Rather, Liu discloses a spring 20.
Lee et al disclose a valve which utilizes a resilient member 170 (see fig. 6) that biases the valve and compresses when an external force is applied. See paragraph 56. Note that Lee et al discloses that the resilient member may be in the form of a hollow cylindrical member which is disposed on cylinder 110, and which may be formed of silicone (paragraph 56). Lee et al also discloses that the cylindrical member may be utilized instead of a spring.
It would have been obvious to one skilled in the art to substitute a silicone cylindrical member for the resilient ring of the valve of Liu, in view of the teaching of Lee et al that a cylindrical member made of silicone may be used instead of a spring in a biased valve.
With regard to claim 5, note that the cylindrical resilient member has smooth inner and outer surfaces. See Lee fig. 6, section 172 appears to be smooth on both the inner and outer surfaces.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Liu 20180332946 in view of Lee et al 20220192344 as applied to claim 1 above, and further in view of Gutberlet 20130315645.
With regard to claim 3, Liu/Lee et al do not disclose the applicator head being made of thermoplastic polyester elastomer.
Gutberlet discloses a cosmetic applicator which the body of the applicator may be formed of thermoplastic polyester elastomer. See paragraph 14.
It would have been obvious to one skilled in the art to form the applicator head of Liu/Lee et al out of thermoplastic polyester elastomer, in view of the teaching of Gutberlet that thermoplastic polyester elastomer is a suitable material for use in a cosmetic applicator.
Allowable Subject Matter
Claims 2 and 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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/NICHOLAS D LUCCHESI/ Primary Examiner, Art Unit 3772