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 .
Election/Restrictions
Applicant's election with traverse of Group I, Claims 1-13 in the reply filed on 13 July 2026 is acknowledged. The traversal is on the grounds that the amended claim 14 and dependent claims 15-17 are now dependent on claim 1 and includes the limitations of Claim 1, and that Group I and Group II would be classified in class B65D and subclass 47.
Applicant’s traversal is found persuasive. The restriction requirement as set forth in the Office action mailed on 11 May 2026 is hereby withdrawn.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-17 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.
The term “such as” in claim 1 is a relative term which renders the claim indefinite. One of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear which fluid products would or would not be included in the scope of the claim. For purposes of examination, Examiner will interpret claim 1 line 1 as “a fluid
Claims 2-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for their dependence on one or more rejected base and/or intervening claims.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such claim limitation(s) are:
“locking/unlocking means” in claim 5 line 2 which contains the term “means”, is modified by functional language “locking/unlocking”, and is not modified by sufficient structure, material, or acts for performing the claimed function; in light of the Specification and claim 6, Examiner will interpret “means” of claim 5 line 2 as referring to a rib of the reservoir having at least one recess and at least one rib of the control ring (para. 0018).
“means for inhibiting” in claim 8 line 2 which contains the term “means”, is modified by functional language “for inhibiting the control ring”, and is not modified by sufficient structure, material, or acts for performing the claimed function; in light of the Specification and claim 9, Examiner will interpret “means” of claim 8 line 2 as referring to the stop of the control ring, and/or a lug of the reservoir (para. 0022)
“means for allowing” in claim 10 line 2 which contains the term “means”, is modified by functional language “for allowing the control ring to be mounted”, and is not modified by sufficient structure, material, or acts for performing the claimed function; in light of the Specification and claim 11, Examiner will interpret “means” of claim 10 line 2 as referring to a clipping stop of the reservoir, at least part of the clipping stop being arranged at the level of said at least one recess of the rib of the reservoir (para. 0025).
“sound indication means” in claim 12 line 2 which contains the term “means”, is modified by functional language “to emit a sound”, and is not modified by sufficient structure, material, or acts for performing the claimed function; in light of the Specification and claim 13, Examiner will interpret “means” of claim 12 line 2 as referring to at least one deformable element configured to emit a sound when it is deformed and at least one deformation element configured to deform said at least one deformable element (para. 0027).
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“locking/unlocking means” in claim 6 line 2
“stop means” in claim 7 lines 1-2
“means for inhibiting” in claim 9 lines 1-2
“means for allowing” in claim 11 lines 1-2
“sound indication means” in claim 13 lines 1-2
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claim 1-7, and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al (KR 20180003248 U and translated PDF, hereinafter “Kang”).
In regard to claims 1, 2, 3, 4, and 7, Kang teaches an applicator of a fluid cosmetic product (Abstract, Figs. 1-5) comprising:
a reservoir (10 and 30 in Fig. 1) provided with an outlet orifice (11 in Fig. 1, para. 0020);
a control ring (40 and 60 in Fig. 1, para. 0021) movably mounted in rotation on the reservoir between a closed position in which the control ring closes the outlet orifice (Fig. 2, para. 0039), an open position in which the control ring releases the outlet orifice (Fig. 3, para. 0038), and a dismounting position in which the control ring is separated from the reservoir (para. 0040); and
an application member (50 in Fig. 1, para. 020) mounted on the control ring (Fig. 2) and capable of communicating with the outlet orifice in the open position (Fig. 3, para. 0038).
wherein the control ring is separated from the reservoir by a translation from the dismounting position (para. 0040, disassembled),
wherein the control ring is mounted in rotation exclusive of any translation on the reservoir between the dismounting position and the open position (paras. 0038 and 0040),
wherein the dismounting position is located between the closed position and the open position (para. 0038-0040; when 43 in bottom half of the reservoir of Fig. 5 it is rotated further past other side first and second locking tabs 36,37; this rotated position is between 36,37 on the top half of the container),
wherein the applicator further comprises a locking/unlocking means (38 and 41 in Figs. 1 and 2) arranged so that the control ring is in an unlocked state in the dismounting position (para. 0040),
wherein the locking/unlocking means comprises: a rib of the reservoir (38 in Fig. 1) having at least one recess (Fig. 1, recesses to sides of 38); and at least one rib of the control ring (41 in Fig. 2, para, 0027) that is capable of being positioned opposite said at least one recess in the dismounting position (para. 0040), the at least one rib of the control ring cooperates with the rib of the reservoir so as to inhibit dismounting of the control ring when the at least one rib of the control ring is not opposite the at least one recess (para. 0037) and to allow dismounting of the control ring when the at least one rib of the control ring is located opposite the at least one recess (para. 0040, disassembled),
wherein stop means (36 and 37 in Fig. 5) are provided to stop travel of the control ring in the closed position (paras. 0029, 0038-0039), the stop means comprising: two end-of-travel stops of the reservoir (Fig. 5. the labeled 36 and 37 on the right as one stop and the unlabeled 36 and 37 on the left as a second stop); and a stop of the control ring (43 in Fig. 5), the stop of the control ring capable of traveling between the two end-of-travel stops of the reservoir (paras. 0029, 0038-0039), the two end-of-travel stops of the reservoir stopping the travel of the stop of the control ring (paras. 0029, 0038-0039).
In regard to claim 14, Kang discloses the invention of claim 1. Kang further discloses a method for dismounting the applicator (paras. 0037-0040) according to Claim 1 (see above rejection of Claim 1), the method comprising:
displacing the control ring (40, and 60 in Fig. 1) from the open position to the dismounting position by rotating the control ring relative to the reservoir (Fig. 2, para. 0039-0040); and
separating the control ring from the reservoir when the control ring is in the dismounting position (para. 0040).
In regard to claim 15, Kang discloses the invention of claim 14. Kang further discloses assembling the control ring on the reservoir to a mounting position (para. 0037), the mounting position coinciding with the dismounting position (paras. 0037 and 0040; in para. 0037, to screw-couple the screw piece 38 and stop with 43 between first and second locking projections 36, 37 would mean starting at other side first and second locking projections 36, 37; in para. 0040, projection 43 is dismounted by rotating further in one direction so that projection 43 is separated from the other side first and second locking projections 36, 37); and displacing the control ring from the mounting position to the closed position (para. 0037), by rotation of the control ring relative to the reservoir (para. 0037, screw-coupled).
In regard to claim 16, Kang discloses the invention of claim 14. Kang further discloses wherein the separating the control ring from the reservoir further comprises translating the control ring from the reservoir (para. 0040).
In regard to claim 17, Kang discloses the invention of claim 15. Kang further discloses wherein the assembling the control ring on the reservoir further comprises translating the control ring relative to the reservoir (para. 0037).
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 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Lai et al (U.S. Publication No. 2020/0331665 A1)
In regard to claims 8 and 9, Kang discloses the invention of clam 1. Kang further discloses that the mounting position coincides with the dismounting position (paras. 0037 and 0040). Kang does not disclose wherein the applicator comprises a means for inhibiting the control ring from being mounted on the reservoir outside a mounting position,
wherein the means for inhibiting the control ring from being mounted on the reservoir outside the mounting position comprises at least one of: a stop of the control ring; and a lug of the reservoir arranged between two end-of-travel stops of the reservoir.
Lai teaches an applicator (Figs. 1-11, Abstract, paras. 0012-0013 and 0028) wherein the applicator comprises a means (32 in Fig. 7 and 14 in Fig. 9, paras. 0033 and 0037) for inhibiting a control ring (1 in Figs. 4 and 9) from being mounted on a reservoir (3 in Figs. 4 and 7) outside a mounting position (paras. 0033 and 0037, 32 is annular aside from groove 321 at mounting position),
wherein the means for inhibiting the control ring from being mounted on the reservoir outside the mounting position comprises a stop of the control ring (14 in Fig. 9, paras. 0033 and 0037; 14 acts as a stop by stopping control ring 1 from passing annual projection 32 aside from at guide groove 321).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of applicator assemblies with rotating closures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reservoir and control ring of the applicator of Kang by adding a means for inhibiting the control ring from being mounted on the reservoir outside a mounting position, wherein the means for inhibiting the control ring from being mounted on the reservoir outside the mounting position comprises a stop of the control ring as taught by Lai in order to allow for limiting and guiding of the control ring into a right position (Lai para. 0033).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Lai and Gieux et al (U.S. Publication No. 2010/0028070 A1, hereinafter “Gieux”).
In regard to claims 10 and 11, Kang in view of Lai discloses the invention of claim 8. Kang further discloses that the mounting position coincides with the dismounting position (paras. 0037 and 0040). Kang does not disclose wherein the applicator comprises a means for allowing the control ring to be mounted on the reservoir by clipping in the mounting position,
wherein the means for allowing the control ring to be mounted on the reservoir by clipping comprise a clipping stop of the reservoir, with at least part of the clipping stop arranged at a level of at least one recess of a rib of the reservoir.
Gieux teaches an applicator (Abstract, Fig. 100) wherein the applicator comprises a means for allowing a control ring (109 and 133 in Fig. 100, para. 0093) to be mounted on a reservoir by clipping in the mounting position (107 in Fig. 100, para. 0083 and 0086-0087, clip-fitting in translation),
wherein the means for allowing the control ring to be mounted on the reservoir by clipping comprise a clipping stop of the reservoir (107 in Fig. 100), with at least part of the clipping stop arranged at a level of at least one recess of a rib of the reservoir (recess complementary to 113 in Fig. 105D, para. 0086; rib is the rib that 107 is located on in Fig. 100).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of applicator assemblies with rotating closures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reservoir and control ring of the applicator of Kang in view of Lai by adding a means for allowing the control ring to be mounted on the reservoir by clipping in the mounting position, wherein the means for allowing the control ring to be mounted on the reservoir by clipping comprise a clipping stop of the reservoir, with at least part of the clipping stop arranged at a level of at least one recess of a rib of the reservoir as taught by Gieux in order to allow for fixing the ring to the reservoir in a simple translation (Gieux para. 0087).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Schneider (FR 2699506 A1 and translated PDF).
In regard to claims 12 and 13, Kang discloses the invention of claim 1. Kang does not disclose wherein the applicator comprises a sound indication means configured to emit a sound when the control ring reaches at least one of the open position and the closed position,
wherein the sound indication means comprises: at least one deformable element configured to emit a sound when it is deformed; and at least one deformation element configured to deform said at least one deformable element.
Schnieder discloses an apparatus (Abstract, Figs. 1-14) wherein the apparatus comprises a sound indication means (1 and 2 in Fig. 1) capable of emitting a sound when a ring (4 in Figs. 1 and 5) reaches a closed position (p. 5 lines 20-31, screwing of the hood),
wherein the sound indication means comprises: at least one deformable element (1 in Fig. 1) capable of emitting a sound when it is deformed (p. 5 lines 20-31); and at least one deformation element (2 in Fig. 1) capable of deforming said at least one deformable element (p. 5 lines 20-31).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of container assemblies with rotating covers. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the applicator and control ring of the applicator of Kang by adding the a sound indication means configured to emit a sound when the ring reaches at least one of the open position and the closed position, wherein the sound indication means comprises: at least one deformable element configured to emit a sound when it is deformed; and at least one deformation element configured to deform said at least one deformable element as taught by Schneider in order to allow for audible signaling of tightening and prevent unintentional opening in a tighter position (Schnieder p. 4 lines 24-27).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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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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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
