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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 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.
The amendment of claim 1 to include the new limitation: “wherein the handle portion comprises…” changes the scope of the claim, thus necessitating new search, new interpretation of the prior art, and subsequently, new grounds of rejection.
Applicant’s arguments regarding claim(s) 2-16 have been considered but are moot because the amendment of claim 1, upon which they are dependent, necessitates new grounds of rejection thus claim(s) 2-16 would be examined to include such.
Applicant’s arguments regarding claim(s) 17-20 have been considered but are moot because claim(s) 17-20 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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, 2, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2022182670 A1) in view of (JP 2008543392 A).
Regarding claim 1, Lee et al. discloses a formulation cartridge (800 Figs. 8A-B; paragraphs 0096-0097) comprising:
a body portion (810 Figs. 8A-B; paragraph 0099) configured to contain a formulation pouch (816/814 Fig. 9) (see Fig. 9; paragraphs 0102 – 0103);
a release (824 Fig. 8A; the examiner interprets element 824 to be a release as it is capable of exposing the internal contents of the cartridge to the outside [0102]) located on a body portion (806 Fig. 8A) of the formulation cartridge (800 Fig. 8A); and a handle portion (802 Figs. 8A-9) configured to enclose at least a portion of the body portion (810 Figs. 8A – 9) (see Figs. 8A and 9; see that the handle 802 encloses a portion of element 810).
Furthermore, Lee et al. is silent regarding the formulation cartridge of claim 1, wherein the handle portion comprises a protrusion internal to the handle portion, wherein the protrusion is configured to apply pressure onto the release when the body portion is inserted into the handle portion, and wherein the pressure degasses the body portion of the formulation pouch.
(JP 2008543392 A) teaches an analogous device comprising (Figs. 1-4), wherein the handle portion (5 Figs. 1 and 2) comprises a protrusion (10 Figs. 2 and 3) internal to the handle portion (see Fig. 3), wherein the protrusion is configured to apply pressure onto the release (24 Figs. 10 and 11) when the body portion (6 Fig. 6) is inserted into the handle portion, and wherein the pressure degasses the body portion of the formulation pouch (page 2: it is necessary to manually attach the to a needle valve provided for degassing; element 10 engages element 24 (see paragraph 8 of page 7) of element 6 to degas element 6; page 7: element 10 is inserted into element 24 of the gas cartridge (element 6) ).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the device of Lee et al. be configured wherein the handle portion comprises a protrusion internal to the handle portion, wherein the protrusion is configured to apply pressure onto the release when the body portion is inserted into the handle portion, and wherein the pressure degasses the body portion of the formulation pouch, as taught by (JP 2008543392 A). One of ordinary skill in the art would have been motivated to make this modification in order to create a means to effectively release the contents in the thus easing handling and user friendliness of the hair styling device, as suggested by (JP 2008543392 A) (see pages 5 (last line of the last paragraph) and 6 (second paragraph)).
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Regarding claim 2, Lee et al./(JP 2008543392 A) as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al. further discloses the formulation cartridge (800 Figs. 8A-B), wherein the release (824 Fig. 8A) is located on a rear body portion of the formulation cartridge (see annotated Fig. 8A).
Regarding claim 16, Lee et al./(JP 2008543392 A) as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al. further discloses the formulation cartridge wherein the formulation cartridge (800 Figs. 8A-B) further comprises the formulation pouch (814/816 paragraph 0100), and wherein the formulation pouch contains a hair developer (see paragraphs 0100-0101; The first formulation 818 and second formulation 820 can each be any of the formulations described herein, for example a permanent hair dye; semi-permanent hair dye; developer…).
Claim(s) 3, 4, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2022182670 A1) in view of (JP 2008543392 A) and further in view of Elliott (US 20200154846 A1).
Regarding claim 3, Lee et al./(JP 2008543392 A)as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al./(JP 2008543392 A)are silent regarding claim 3 wherein the release is located on a hump of the body portion of the formulation cartridge.
Elliott teaches an analogous formulation cartridge (126a Fig. 46A including the pouch outlined in dotted lines and further illustrated in Fig. 47A) comprising:
a body portion (126c (Fig. 46A)/outlined pouch (128 Fig. 47A), paragraphs 0257-0259);
a release (127c Fig. 47A) located on a body portion (126c (Fig. 46A)/outlined pouch (128a Fig. 47A));
a handle portion (126b Fig. 46A) configured to enclose at least a portion of the body portion (see Figs. 46A-B, see that at least a portion (126g and 126d) of the body (126c (Fig. 46A)/outlined pouch (128a Fig. 47A)) is enclosed within element 126b).
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Regarding claim 3, Elliott further teaches the analogous formulation cartridge, wherein the release (127c Fig. 47A) is located on a hump (see annotated Fig. 47A) of the body portion (126c (Fig. 46A)/outlined pouch (128a Fig. 47A)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al./(JP 2008543392 A)to be configured such that the release is located on a hump of the body portion of the formulation cartridge, as taught by Elliott. One of ordinary skill in the art would have been motivated to make this modification in order to create a release efficiently positioned such as to allowing for proper engagement of the protrusion with the release of the body portion, as suggested by Elliott.
Regarding claim 4, Lee et al./(JP 2008543392 A)as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al./(JP 2008543392 A)are silent regarding claim 4 wherein the protrusion is triangular.
Elliot teaches an analogous formulation cartridge (126a Fig. 46A) wherein the protrusion (127a) is triangular (see Fig. 46A; see that element 127a has a triangular profile with an apex region that makes the first contact with the formation pouch (outline in dotted lines in Fig. 46A)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al./(JP 2008543392 A)to be configured such that the protrusion is triangular, as taught by Elliott. One of ordinary skill in the art would have been motivated to make this modification in order to create a protrusion with a conical or triangular form to ensure an efficient formation of an opening in the formulation pouch upon the application of pressure to the release, as suggested by Elliott.
Regarding claim 12, Lee et al./(JP 2008543392 A) as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al./(JP 2008543392 A) are silent regarding claim 12, wherein the release is located on a half of the body portion of the formulation cartridge.
Elliott teaches an analogous formulation cartridge (126a Fig. 46A including the pouch outlined in dotted lines and further illustrated in Fig. 47A) comprising:
a body portion (126c (Fig. 46A)/outlined pouch (128 Fig. 47A), paragraphs 0257-0259);
a release (127c Fig. 47A) located on a body portion (126c (Fig. 46A)/outlined pouch (128a Fig. 47A));
a handle portion (126b Fig. 46A) configured to enclose at least a portion of the body portion (see Figs. 46A-B, see that at least a portion (126g and 126d) of the body (126c (Fig. 46A)/outlined pouch (128a Fig. 47A)) is enclosed within element 126b).
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Regarding claim 12, Elliott further teaches the formulation cartridge, wherein the release (127c Fig. 47A) is located on a half of the body portion (126c (Fig. 46A)/outlined pouch (128a Fig. 47A); for better illustration, the examiner used Fig. 47A which depicts the outlined pouch on Fig. 46A to show that the release (127c) is located at a half of element 128a. It is the examiner’s interpretation that when element 128a is contained inside element 126c as shown in Fig. 46A, the half of element 126c that corresponds to the annotated half of element 128a both makes up the “half of the body portion”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al./(JP 2008543392 A)to be configured such that the release is located on a half of the body portion of the formulation cartridge. One of ordinary skill in the art would have been motivated to make this modification in order to create a release efficiently positioned such as to allowing for proper engagement of the protrusion with the release of the body portion, as suggested by Elliott.
Claim(s) 5 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2022182670 A1) in view of (JP 2008543392 A) and further in view of (KR 200445888 Y1).
Regarding claim 5, Lee et al./(JP 2008543392 A) as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al./(JP 2008543392 A)is silent regarding the protrusion of the formulation of claim 5, wherein the protrusion is a first protrusion located on a first internal side of the handle portion, and wherein the formula cartridge further comprises: a second protrusion located on a second internal side of the handle portion, opposite the first internal side.
(KR 200445888 Y1) teaches an analogous formulation cartridge (see annotated Fig. 3) comprising a body portion (210/260/340 Fig. 2); a handle portion (310/320 Figs 2 and 3); and a protrusion (300 Figs. 2 and 3).
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Regarding claim 5, (KR 200445888 Y1) further teaches the formulation cartridge (see annotated Fig. 3) of claim 5, wherein the protrusion (300 Figs. 2 and 3) is a first protrusion (300 affixed on element 310 Fig. 2) located on a first internal side (the internal side of element 310 Figs. 2 and 3) of the handle portion (310/320 Figs. 2 and 3), and wherein the formula cartridge further comprises: a second protrusion (300 affixed on element 310 Figs. 2 and 3) located on a second internal side (the internal side of element 320 Figs. 2 and 3) of the handle portion (310/320 Figs. 2 and 3), opposite the first internal side (see Fig. 2; see that element 310 is opposite the other internal side of the handle portion, labelled 320 in Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al./(JP 2008543392 A) be configured wherein the protrusion is a first protrusion located on a first internal side of the handle portion, and wherein the formula cartridge further comprises: a second protrusion located on a second internal side of the handle portion, opposite the first internal side, as taught by (KR 200445888 Y1). One of ordinary skill in the art would have been motivated to make this modification in order to create a pressing mechanism to press the formulation pouch thus, allowing efficient discharge of the contents of the formulation pouch, as suggested by (KR 200445888 Y1).
Regarding claim 7, Lee et al./(JP 2008543392 A)as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al./(JP 2008543392 A)is silent regarding the protrusion of the formulation of claim 7, wherein the protrusion comprises a spring.
(KR 200445888 Y1) further teaches the protrusion (300 Fig. 2), wherein the protrusion comprises a spring (see Fig.2 and highlight 1 of the translation of (KR 200445888 Y1); see that element 300 is a spring).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the protrusion of Lee et al./(JP 2008543392 A)to comprise a spring, as taught by (KR 200445888 Y1). One of ordinary skill in the art would have been motivated to make this modification in order to provide a pressurizable elastic body such as a spring to ensure adequate pressure application to the formulation pouch during use, as suggested by (KR 200445888 Y1).
Regarding claim 8, Lee et al./(JP 2008543392 A) et al./ (KR 200445888 Y1) as modified discloses the claimed invention substantially as set forth in claim 7. Lee et al./(JP 2008543392 A)are silent regarding claim 8 wherein the spring comprises a coil and a platform (see the annotated Fig. 2 and
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highlight 1 of the translation of (KR 200445888 Y1)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al./(JP 2008543392 A) to be configured with a spring comprising a coil and a platform, as taught by (KR 200445888 Y1), in order to create a device with a restorative compression means (a coil) and a platform for even-distribution of the compression force thus ensuring efficient discharge of the content of the formulation pouch.
Regarding claim 9, Lee et al./(JP 2008543392 A) et al./ (KR 200445888 Y1) as modified discloses the claimed invention substantially as set forth in claim 7. Lee et al./(JP 2008543392 A)are silent regarding claim 9 wherein the spring is selected from a compression spring, a leaf spring, or a molded spring (see highlight 1 of the translation of (KR 200445888 Y1); A plurality of springs 300 are arranged in the lower portion of the pressing plate 260 to press the stored dyeing tube. It can be seen that the structure of the spring 300 uses an elastic body such as a coil spring, a spiral spring, a leaf spring, and the like within the scope of the present invention).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Lee et al./(JP 2008543392 A) to be configured such that the spring is selected from a compression spring, a leaf spring, or a molded spring. One of ordinary skill in the art would have been motivated to make this modification as detailed in claims 7 and 8, above.
Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2022182670 A1) in view of (JP 2008543392 A) and further in view of (JP 2002537053 A).
Regarding claim 6, Lee et al./(JP 2008543392 A)as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al./(JP 2008543392 A) is silent regarding the protrusion of the formulation of claim 1, wherein the protrusion comprises a bump.
(JP 2002537053 A) teaches an analogous device (78/22/80 Fig. 9) comprising:
a body portion (78 Fig. 9) configured to contain a formulation pouch (22 Fig. 9);
a handle portion (80 Fig. 9) configured to enclose at least a portion of the body portion (see Fig. 9); and
a protrusion (82 Fig. 9) internal to the handle portion (80 Fig. 9) (see Fig. 9).
Regarding claim 6, (JP 2002537053 A) further teaches the analogous formulation cartridge (78/22/80 Fig. 9), wherein the protrusion (82 Fig. 9) comprises a bump (see Fig. 9; the shape and appearance of element 9 is obviously interpretable to be a bump, a protuberance on a level surface or a projection or a hump or a bulge).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al./(JP 2008543392 A) to be configured such that the protrusion comprises a bump, as taught by (JP 2002537053 A). One of ordinary skill in the art would have been motivated to make this modification in order to create a pressurizing mechanism for controllably compressing the formulation pouch, allowing the controlled discharge of the hair care product contained within, as suggested by (JP 2002537053 A).
Regarding claim 11, Lee et al./(JP 2008543392 A) as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al. is silent regarding the protrusion of the formulation of claim 1, wherein the protrusion is located on a side of the handle portion.
(JP 2002537053 A) further teaches the analogous device (78/22/80 Fig. 9), wherein the protrusion (82 Fig. 9) is located on a side of the handle portion (80 Fig. 9) (see Fig. 9; see that element 82 is located on a side of the handle portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al. to be configured such that the protrusion is located on a side of the handle portion, as taught by (JP 2002537053 A). One of ordinary skill in the art would have been motivated to make this modification in order to create a pressurizing mechanism for controllably compressing the formulation pouch, allowing the controlled discharge of the hair care product contained within, as suggested by (JP 2002537053 A), and to have the protrusion conveniently placed for easy access to the user.
Claim(s) 10 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2022182670 A1) in view of (JP 2008543392 A) and (KR 200445888 Y1) and further in view of Elliott (US 20200154846 A1).
Regarding claim 10, Lee et al./(JP 2008543392 A) et al./(KR 200445888 Y1) as modified discloses the claimed invention substantially as set forth in claim 7. Lee et al./(JP 2008543392 A) et al./(KR 200445888 Y1) are silent regarding claim 10, wherein the formulation cartridge further comprises: a valve configured to purge gas emitted from the release, and wherein the valve is force balanced to the spring.
Elliott teaches an analogous formulation cartridge ((126a Fig. 46B) further comprises: a valve (132e/132f/132d Fig. 46B; paragraphs 0266-0267) configured to purge gas emitted (the valve, 132e/132f/132d Fig. 46B; paragraphs 0266-0267, allows for the discharge of the contents of the formulation pouch (128). The limitation as stated is functional thus, while Elliott does not have to teach the device functioning as claimed, it clearly demonstrates that the device of Elliott is capable of functioning as claimed, therefore satisfies the claimed limitation) from the release (127c Fig. 47A and 128 outlined in Fig. 46A is interpreted to also comprise element 127c), wherein the valve (132e/132f/132d Fig. 46B; paragraphs 0266-0267) is force balanced to the spring (132b Figs. 46B-D) (see Figs. 46A-D).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al./(JP 2008543392 A) et al./(KR 200445888 Y1) to be configured such that the formulation cartridge further comprises: a valve configured to purge gas emitted from the release, and wherein the valve is force balanced to the spring, as taught by Elliott. One of ordinary skill in the art would have been motivated to make this modification in order to create a device with a controlled discharge of gas/liquid/or other contents of the formulation pouch during use, as suggested by Elliott (see paragraph 0266).
Regarding claim 15, Lee et al./(JP 2008543392 A)as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al./(JP 2008543392 A)is silent regarding claim 15 wherein the formulation cartridge further comprises: a valve configured to purge emitted from the release.
Elliott teaches an analogous formulation cartridge ((126a Fig. 46B) further comprises: a valve (132e/132f/132d Fig. 46B; paragraphs 0266-0267) configured to purge gas emitted (the valve, 132e/132f/132d Fig. 46B; paragraphs 0266-0267, allows for the discharge of the contents of the formulation pouch (128). The limitation as stated is functional thus, while Elliott does not have to teach the device functioning as claimed, it clearly demonstrates that the device of Elliott is capable of functioning as claimed, therefore satisfies the claimed limitation) from the release (127c Fig. 47A and 128 outlined in Fig. 46A is interpreted to also comprise element 127c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee et al./(JP 2008543392 A)to be configured such that the formulation cartridge further comprises: a valve configured to purge emitted from the release, as taught by Elliott. One of ordinary skill in the art would have been motivated to make this modification as detailed in claim 10 above.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2022182670 A1) in view of (JP 2008543392 A) and further in view of (KR 20040032802 U).
Lee et al./(JP 2008543392 A) as modified discloses the claimed invention substantially as set forth in claim 1. Lee et al./(JP 2008543392 A) is silent regarding claim 13 wherein the protrusion is located on a bottom of the handle portion.
(KR 20040032802 U) teaches analogous formulation cartridge comprising: a body portion (54 Fig. 2); a handle portion (30/56 Fig. 2) configured to enclose at least a portion of the body portion (see Figs. 2 and 3); and a protrusion (56a Figs. 2 and 3). Regarding claim 13, (KR 20040032802 U) further teaches the analogous formulation cartridge wherein the protrusion (56a Figs. 2 and 3) is located on a bottom of the handle portion (30/56 Fig. 2) (see Figs. 2 and 3; the end of the element the handle portion that engages with element 56 is interpreted by the examiner to be the bottom end of the handle portion. It can be clearly observed that element 56a protrudes from the internal side of the said bottom end of the handle portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventio to modify the device of Lee et al./(JP 2008543392 A) to be configured such that the protrusion is located on a bottom of the handle portion, as taught by (KR 20040032802 U). One of ordinary skill in the art would have been motivated to make this modification in order to create an efficient means to cause the content of the formulation pouch to be discharged up application of pressure to the bottom end with the internal protrusion, as suggested by (KR 20040032802 U), thus allowing adequate and steady supply of hair care products from the formulation pouch during a hair styling or dying process.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (WO 2022182670 A1) in view of (JP 2008543392 A) and further in view of Grez et al. (WO 2019067336 A2).
Lee et al./(JP 2008543392 A) as modified discloses the claimed invention substantially as set forth in claim 1. The combination of Lee et al./ (JP 2008543392 A) is silent regarding claim 14, wherein, when pressure is applied to the release, an opening is formed.
Grez teaches an analogous device comprising a protrusion (430 Figs. 13A-14B) and a formulation pouch (424 Figs. 14A-B) comprising a release (420 Figs. 14A-B). Grez further teaches that when pressure is applied to the release (420 Figs. 14A-B), an opening is formed (page 19 line 25 – page 20 line 5; see that the piercing tip (432 Fig. 14A) of the protrusion (430 Fig. 14A) applies pressure to the release (420) which punctures (creates an opening) the formulation pouch (424)).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify the device of Lee et al. be configured wherein, when pressure is applied to the release, an opening is formed, as taught by Grez. One of ordinary skill in the art would have been motivated to make this modification in order to create a means to effectively release the formulation contents in a formulation pouch and subsequent flow to the application site thus, allowing for efficient application of the hair product by the user, as suggested by Grez.
Conclusion
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 CHIEMERIE C AZUBUOGU whose telephone number is (571)272-0664. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00PM.
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, Eric Rosen can be reached at (571)270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A./Patent Examiner, Art Unit 3772
/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
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