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 .
Information Disclosure Statement
The information disclosure statements filed 10/9/25 and 9/26/24 have been considered. It is noted two of the Non-Patent Literature Documents on the IDS filed 9/26/24 have been lined through since no English explanation of relevance for those documents have been filed.
Abstract
The abstract of the disclosure is objected to because:
Phrases that can be implied, such as “Various embodiments disclosed relate” and “The present disclosure includes” (see lines 1-2) should not be present therein; and
The abstract should be submitted on a separate sheet with no other verbiage thereon.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to because:
Figures 4 and 5 are connected by a line, which is improper; and
Reference character 113 (see paragraph 0036, line 3) is not present in any of the drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2, 8 and 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.
In regard to claim 2, an antecedent basis for “the bottle” (see the last line) has not been defined. It appears “bottle” should be “receptacle”.
In regard to claim 8, an antecedent basis for “the corresponding set of mating threads” (see line 1) has not been defined. It appears claim 8 should depend from claim 7 as opposed to claim 1.
In regard to claim 12, it is unclear as to whether or not the cosmetic fluid is intended to be part of the claimed combination, i.e., the language in claim 1 is such that the cosmetic fluid is not intended to be claimed, however, the language in claim 12 seems to indicate the cosmetic fluid is intended to be claimed. Should the Applicant intend to claim the cosmetic fluid, an antecedent basis should be defined therefor. Should the Applicant not intend to claim the cosmetic fluid, “adapted to be” / “for” language should be used when referring thereto.
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, 2, 4, 5, 7-10, 13-15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Breuhan (U.S. Patent 2,832,981, as cited by the Applicant).
In regard to claim 1, the Breuhan reference discloses a cosmetic kit comprising:
a receptacle 3 for holding a cosmetic fluid (i.e., paint, see column 1, line 15), the receptacle having an opening (at neck 4) for retrieval of cosmetic fluid therethrough, wherein the receptacle is squeezable, such that the cosmetics fluid can flow out of the receptacle when squeezed (see column 2, lines 29-31);
an applicator 5 for the cosmetic fluid having an application end (at the free end thereof) and a handle end (at shank 6a)
a connector 6 detachably coupling the applicator to the receptacle, the connector extending from the handle end of the applicator and defining at least one channel 9 (within shank 6) aligned with the applicator to allow cosmetic fluid through the at least one channel;
wherein in a first mode of operation (see Figure 2) the connector is actuatable for securing the application end of the applicator at least partially into the receptable; and
wherein in a second mode of operation (see Figure 1) the connector is actuatable for securing the handle end of the applicator to the receptacle to allow flow of cosmetic fluid from the receptacle through the at least one channel to the applicator, wherein the second mode of operation allows for flow of fluid from the receptacle through the connector channel to the application end of the applicator.
In regard to claim 2, the Breuhan device further includes a cap 10 attachable to the connector when in the first mode of operation, wherein the cap is configurable for creating a fluid tight seal over the brush and connector “to the bottle”.
In regard to claim 4, the receptacle 3 is a bottle.
In regard to claim 5, the applicator is a brush.
In regard to claim 7, the opening on the receptacle comprises a set of threads and the connector comprises a corresponding set of mating threads 7, 8 for attaching the applicator and connector to the receptacle in the first mode of operation or the second mode of operation.
In regard to claim 8, the corresponding set of mating threads is reversable.
In regard to claim 9, the first mode of operation allows dipping of the applicator end in the cosmetic fluid in the receptacle through the opening (as shown in Figure 1).
In regard to claim 10, the first mode of operation allows for closing the kit in a fluid-tight fashion.
In regard to claim 13, the Breuhan device comprises:
a bottle 3 for holding a cosmetic, the bottle defining an inner cavity, wherein the bottle is actuatable for conducting movement of the cosmetic from the inner cavity through a flow channel 9 to the application end;
a cap assembly comprising a brush 5 having an application end (at the free end thereof), a connecting end 6 defining the fluid channel 9 and a rod 6a extending therebetween, wherein the application end is configured for dipping into the bottle, and the connecting end is configured for releasable attachment to the bottle,
the connecting end having a first configuration where the application end of the brush extends at least partially into the inner cavity of the bottle (see Figure 2) and a second configuration where the application end of the brush extends away from the bottle (see Figure 1),
wherein, in the second configuration, the fluid channel is aligned with the inner cavity of the bottle to allow the cosmetic to flow therethrough; and
a cap 10 configured to overlay the brush in the first configuration, the cap for closing the bottle (via the connector 6) and creating a fluid-tight seal.
It is noted statements of intended use, i.e., “for holding nail enamel” do not lend any patentable structure to the claim. Further, the Breuhan device is considered to be capable of holding and dispensing nail enamel should user so choose to employ the device.
In regard to claim 14, the connecting end 6 comprises an attachment feature 7, 8 actuatable for securing the brush to the bottle in the first configuration or the second configuration.
In regard to claim 15, the fluid channel 9 extends from the connecting end through the brush 5 and terminates prior to the application end and terminates prior to the application end, such that the cosmetic exiting the fluid channel flows onto the application end.
In regard to claim 18, the bottle 3 is squeezable (see column 2, lines 29-31).
Claims 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown et al. (U.S. Patent 4,748,990, hereinafter Brown).
In regard to claim 19, the Brown reference discloses a method of applying nail enamel (see column 3, lines 63-64) comprising:
securing a brush 26, 28 (see Figure 2) onto a nail enamel bottle 12 with a connector 22 defining a fluid channel 126 (see Figure 9) wherein the nail enable bottle is squeezable (see column 4, lines 38-45);
squeezing the nail enable bottle to move nail enamel through the fluid channel to the brush; and
applying the nail enamel (see column 12, lines 45-53).
In regard to claim 20, securing the brush onto a nail enable bottle comprises screwing the connector 22 (via internal threads, see Figures 9 and 5) onto an opening of the nail enamel bottle 12 (via threads 42, see Figures 5, 16 and 17) to make a fluid tight connection.
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.
Claims 6, 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Breuhan.
In regard to claim 6, although the Breuhan reference does not disclose the applicator may comprise a sponge, foam or flocked material, as claimed, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the Breuhan device may employ any suitable and known type of paint/cosmetic applicator, including those claimed, without effecting the overall operation of the device, especially since the Applicant has not indicated the particular type of applicator is critical to the overall operation of the device and the Breuhan reference does not limit the type of applicator which may be employed.
In regard to claim 12, although the Breuhan reference does not disclose the paint/cosmetic is a nail enamel as claimed, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the Breuhan device may be used to dispense any suitable fluid product, including nail enamel, without effecting the overall operation of the device, especially since the Applicant has not indicated the particular type of fluid being dispensed is critical to the overall operation of the device and the Breuhan reference does not limit the type of fluid which may be dispensed (see column 1, lines 14-15).
In regard to claim 16, although the Breuhan reference does not disclose the bottle is formed from polyethylene or polypropylene, as claimed, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the bottle in the Breuhan device may be formed from any suitable and known material, including those claimed, without effecting the overall operation of the device, especially since the Applicant has not indicated the particular material used for the bottle is critical to the overall operation of the device and the Breuhan reference does not limit the type of material which may be used to form the bottle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Dritz and Pidel references are cited as being directed to the state of the art as teachings of other fluid applicators having an applicator which is secured to a bottle via a connector wherein the connector is reversible in order to position the applicator either inside or outside of the bottle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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, David Angwin can be reached at 571-270-3735. 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.
DJW
3/3/26
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754