CTNF 18/956,399 CTNF 88440 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-29-01 AIA Claim 6 is objected to because of the following informalities: Claim contains two periods. Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. See Fressola v . Manbeck, 36 USPQ2d 1211 (D.D.C. 1995). MPEP 608.01 (m) . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 14-15 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. 07-34-05 AIA Claim 14 recites the limitation " the depressions " in line 2. There is no mention of these features earlier in the claim nor in the claim from which this claim depends . There is insufficient antecedent basis for this limitation in the claim. Claim 15 is rejected for its incorporation of the above through its dependency of claim 14. Claim Rejections - 35 USC § 102/103 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-20-aia AIA 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. 07-27-aia AIA Claim(s) 1-5, 9-15, 17, and 18 is/are rejected under 35 U.S.C. 102( a)(1 ) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Turbett et al. (US Patent No. 5,875,936) as evidenced and/or modified by Hoour (US 2005/0218159 A1) . Re: Claim 1, Turbett discloses the claimed invention including a system for dispensing a personal care product, the system comprising: a dispenser comprising: a rigid dispenser body (104, 131) comprising a refill cavity (Col. lines, snap together forming rigid dispensing body), the dispenser body further comprising a top section (131) having a resilient portion (135) configured to pivot about an axis inwardly toward the refill cavity and outwardly away from the refill cavity (Fig. 9, Col. 6, lines 59-67, resilient portion pivoting between positions); a dispenser lid (121) comprising a flange portion extending from a top portion thereof (Figs. 6-7, downward extending wall constitutes flange) except for expressly stating the flange portion having an inner surface a recess formed therein; and a pump sub-system (118) mounted to the dispenser lid, the pump sub-system comprising a dispensing orifice (134) and a pump (114); and a refill cartridge configured for slidable insertion and removal from the refill cavity, the refill cartridge comprising: a cartridge body (160, 162) comprising a cartridge body cavity (162) (Fig. 10); a store of the personal care product (128) in the cartridge body cavity (Fig. 5); the dispenser lid configured to be alterable between: (1) a first state in which the refill cartridge can be slid into the refill cavity (Fig. 6, unassembled state); and (2) a second state in which the dispenser lid is coupled to the dispenser body so that the dip tube is oriented within the cartridge body and the store of the personal care product can be dispensed from the dispensing orifice upon actuation of the pump, wherein, in the second state (Depicted in Fig. 4-5), the resilient portion is received in the recess as evidenced/modified by Hoour teaching resilient portions (142) received in a recess (114) for interlocking engagement (Depicted in Fig. 3) . Re: Claim 2, Turbett discloses the claimed invention including the resilient portion is formed by a pair of slots formed into the top section of the dispenser body, each of the pair of slots extending to an upper edge of the dispenser body (Depicted in Fig. 9). Re: Claim 3, Turbett discloses the claimed invention including the resilient portion comprises a vertical wall and a latch, the latch being located at the upper edge of the dispenser body and configured to extend away from the vertical wall in a direction away from the refill cavity (Depicted in Fig. 9, latch extending away). Re: Claim 4, Turbett discloses the claimed invention including the flange portion is configured such that contact of the flange portion with the resilient portion causes the resilient portion to move from a biased resting configuration and pivot inwardly toward the refill cavity (Fig. 9, Col. 6, lines 59-67, resilient portion pivoting between positions). Re: Claim 5, Turbett as evidenced by Hoour in the rejection of claim 1 above discloses the claimed invention including latch is configured to nest within the recess to secure the dispenser lid to the dispenser body (Hoour: Depicted in Fig. 3). Re: Claim 9, Turbett discloses the claimed invention including the resilient portion comprises the dispenser body comprises one or more protuberances (171) extending inward from an inner surface of the dispenser body that defines the refill cavity (Fig. 9); and wherein the cartridge body comprises one or more depressions (169) that receive the one or more protuberances when the refill cartridge is positioned within the refill cavity (Fig. 9, Col. 7, lines 9-12, protuberances received on cartridge depressions). Re: Claim 10, Turbett discloses the claimed invention including the cartridge body comprises one or more shoulders (165); and wherein the one or more protuberances of the dispenser body contact the one or more shoulders of the cartridge body to support the refill cartridge (Fig. 13, Col. 7, lines 1-12, cartridge body shoulders contact protuberances). Re: Claim 11, Turbett discloses the claimed invention including the refill cartridge further comprises a cartridge lid (166) that seals a top end of the fluid cavity (Fig. 13). Re: Claim 12, Turbett discloses the claimed invention including the cartridge lid is a puncturable film (156) (Figs. 12-13). Re: Claim 13, Turbett discloses the claimed invention including a lower portion of the cartridge is tapered (Fig. 13, cartridge is made of flexible material and inherently able to be shaped with a tapered lower portion). Re: Claim 14, Turbett discloses the claimed invention including the cartridge body comprises one or more depressions formed into an outer surface of a sidewall of the cartridge body, each of the one or more depressions terminating at one of the downwardly facing shoulders. Re: Claim 15, Turbett discloses the claimed invention including each of the one or more depressions is elongated in a direction of the cartridge axis. Re: Claim 17, Turbett discloses the claimed invention including the dispenser body comprises an open top end (Depicted in Fig. 3). Re: Claim 18, Turbett discloses the claimed invention including the personal care fluid is one of hand soap, a hair application product, lotion, sanitizer, dentifrice or other oral fluids used for treatment of the oral cavity (Col 1, lines 12-13, any liquids and semi liquids) . 07-22-aia AIA Claim (s) 6-8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turbett et al. (US Patent No. 5,875,936) as applied to claim 1 above, and further in view of Hoour (US 2005/0218159 A1) . Re: Claim 6-7, Turbett discloses the claimed invention except for a plurality of resilient portions. However, Hoour teaches a device with a resilient portion comprises a plurality of resilient portions including a first resilient portion (142) and a second resilient portion (142) (Depicted in Fig. 3), wherein the plurality of resilient portions comprises a first resilient portion and a second resilient portion that are separated from one another (Depicted in Fig. 3). It would have been obvious to one having ordinary skill in the art at the time of the effective filling date to include a plurality of recesses as taught by Hour, since such a modification ensures an effective connection with multiple secure points, and further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co. , 193 USPQ 8. Re: Claim 8, Turbett as modified by Hour in the rejection of claims 6-7 above discloses the claimed invention including the recess (113, 114) comprises a plurality of recesses, wherein the quantity of recesses is greater than the quantity of resilient portions (Hoour: Depicted in Fig. 1, 8, recesses to 4 resilient members). Re: Claim 16, Turbett discloses the claimed invention except for an open bottom end. However, Hoour discloses including the dispenser body (11) comprises an open bottom end (12), wherein the refill cartridge may be inserted into the dispenser body from the open bottom end (Depicted in Fig. 1, cartridge may be inserted from the bottom). It would have been obvious to one having ordinary skill in the art at the time of the effective filling date to include an open bottom as taught by Hoour, since such a modification allows the user to completely disassemble to the dispensing body for clean and maintenance, further it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman , 168 USPQ 177, 179 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 provide additional examples of dispensers of constituent parts connected via resilient members and recesses . Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm. 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, Paul Durand can be reached at 571-272-4459. 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. /CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754 Application/Control Number: 18/956,399 Page 2 Art Unit: 3754 Application/Control Number: 18/956,399 Page 3 Art Unit: 3754 Application/Control Number: 18/956,399 Page 4 Art Unit: 3754 Application/Control Number: 18/956,399 Page 5 Art Unit: 3754 Application/Control Number: 18/956,399 Page 6 Art Unit: 3754 Application/Control Number: 18/956,399 Page 7 Art Unit: 3754 Application/Control Number: 18/956,399 Page 8 Art Unit: 3754 Application/Control Number: 18/956,399 Page 9 Art Unit: 3754
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