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 1-10 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.
Claim 1 recites a gasket comprising an O-ring, where it is unclear if the gasket and the O-ring are the same exact structure being claimed with two different terms or if they are different structures. These elements appear to be the same; if they are the same, the claim should be amended to simply recite an O-ring (delete gasket) or require the gasket be annular.
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rousselet (EP 1579784A1).
Regarding claim 1 , Rousselet discloses a device (Refer to Figures 1-15)for applying a product comprising: a container (2) suitable for containing said product and defining a first opening (opening at 11) and a longitudinal axis (axis X), a closure portion (22) configured to reversibly close said first opening, a rod (20) defining a first end (end of 20 near 22) integral with said closure portion and a second end (end of 20 with 21) opposite said first end and comprising an applicator (21), said container and said closure portion respectively defining a first interface surface (one of 57 and 25) and a second interface surface (other of 57 and 25) mutually opposed when said closure portion closes said first opening, constraint means (threading on 11 and 22, Refer to paragraphs 0033 and 0039 and Figures 1-11 and 14-15) configured to reversibly constrain said container and said closure portion by achieving an interlock when said closure portion closes said first opening; and characterized in that: said device comprises a gasket (35,36), distinct from said constraint means, comprising an O-ring (gasket 35,36 forms an O-ring) and suitable for pressing said interface surfaces along a portion wherein said interface surfaces are mutually parallel and form an of less than 30° with said longitudinal axis (Refer to Figures 1-11 which depict the angle being approximately 0 degrees (e.g. 0 or a small angle), and paragraphs 0047 and 0050 which explain that the gasket is slightly compressed, similar to Applicant’s disclosure, meaning the interface surfaces may also be at a small angle due to the forces exerted).
Regarding claim 2, Rousselet discloses said gasket (35,36) comprises an element made of elastomeric material (Refer to paragraph 0037).
Regarding claim 3, Rousselet discloses said gasket (35,36) is spaced apart from said constraint means (threading of 11 and 22) along said longitudinal axis (Refer to Figures 2, 3, 5-8, 11, 14 and 15).
Regarding claim 4, Rousselet discloses a removal element (lower part of 4 having 30,37) designed for allowing the passage of said rod and cleaning said applicator during said passage (Refer to Figures 1, 2, 4, 5, 10, 11, 14 and 15).
Regarding claim 5, Rousselet discloses said removal element is constrained at said first opening (Refer to Figures 1-8, 10, 11, 14 and 15).
Regarding claim 6, Rousselet discloses said rod predominantly develops along said longitudinal axis (Refer to Figures 4 and 10).
Regarding claim 7, Rousselet discloses said container defines a cavity and comprises an opening portion (11) having a cross-section perpendicular to said longitudinal axis having smaller dimensions than the cross-section perpendicular to said longitudinal axis of said cavity, and said first opening (opening at 11) is placed at said opening portion (Refer to Figures 5-8, 11, 14 and 15).
Regarding claim 8, Rousselet discloses said constraint means (threading) are placed at said opening portion (11) and said reversible interlock is achieved between said opening portion and said closure portion (22) (Refer to Figures 1-11 and 14-15).
Regarding claim 9, Rousselet discloses said gasket is integral with said container (Refer to Figures 1-11 and 14-15).
Regarding claim 10, Rousselet discloses said constraint means (threading) comprise closure elements (protruding threads on 11 and inner surface of 22) protruding from both said interface surfaces in a direction perpendicular to said longitudinal axis (Refer to Figures 1-11 and 14-15).
Conclusion
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/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799