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 1-6 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.
Regarding claim 1, the phrase "as a" renders the claim indefinite because it is unclear whether the limitations following the phrase (i.e. “brush”) are part of the claimed invention. See MPEP § 2173.05(d).
Claim 4 requires each of the prongs have a base end portion in the axis direction where the base end portion has a height along the radially inward direction which increase towards the opening. It is unclear what is meant by this language. The term height is conventionally understood to mean the measurement from a base end to a top end of something, commonly in a vertical direction. The claim is requiring the height of a specific portion of a prong increase in a particular direction, which does not make sense.
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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Funatsu et al. (US 20080035165).
Regarding claim 1, Funatsu et al. discloses a cosmetic container comprising: a sleeve (portion of 20 the slides over 22) that has a tubular shape and includes an opening (space between 60) through which an applicator (40,30,42), as a brush, is insertable, the sleeve being configured to bundle the applicator; and a main body (22) that is engaged with the sleeve, wherein the sleeve has a plurality of prongs (60) disposed on a peripheral edge that defines the opening, the prongs each protrude in a radially inward direction of the opening, and extend along an axis direction of the sleeve, and one or more gaps (spaces between prongs 60 which are opposite with one another), through which the applicator is movable, are provided ahead of the prongs along the radially inward direction (Refer to Figures 1-11).
Regarding claim 2, Funatsu et al. the prongs include a comb tooth (one or more f 60) protruding along the axis direction in the opening (Refer to Figures 1-11).
Regarding claim 3, Funatsu et al. the applicator has a tip end (tips of 30) projecting beyond tip ends of the prongs (60) (Refer to Figures 7-11).
Regarding claim 4, Funatsu et al. each of the prongs (60) has a base end portion in the axis direction, the base end portion having a height along the radially inward direction, which increases toward the opening (the prongs bend inwardly from the proximal end toward the distal end, Refer to Figures 1-11, meaning the height/width along the radially inward direction increases toward the opening).
Regarding claim 5, Funatsu et al. the sleeve has a first edge (edge with one row of 60) defining the opening, and a second edge (other edge with one row of 60, opposite first edge) defining the opening and located so as to interpose an axis of the sleeve with the first edge, the prongs (60) include a plurality of first prongs (prongs on the first edge) disposed on the first edge and a plurality of second prongs (prongs on the second edge) disposed on the second edge, the first prongs and the second prongs oppose each other, respectively, and the gaps (spaces between prongs which are opposite with one another) are provided between the first prongs and the second prongs, respectively.
Regarding claim 6, Funatsu et al. wherein the prongs each extend from the opening of the sleeve to a side opposite to the opening beyond a center in the axis direction of the sleeve (Refer to Figures 1-11, the prongs have distal ends disposed in the opening and the prongs extend from the distal end toward the edge of the sleeve which is beyond the center inn the axis direction).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799