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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “inner peripheral wall of the container part tilt[ing] to decrease in sectional area toward the lower portion thereof” of claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 321H in Fig. 2.
The drawings are objected to because:
Figs. 4 and 5 appear to use reference character 1 to indicate pressurization protrusion 510.
Fig. 6 appears to use reference characters 500 and 600 to indicate brush rod 500-1 and tip member 600-1, respectively.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 6-7 are objected to because of the following informalities: “a pressurizing protrusion” is recited in lines 1-2 of claim 6, but appears to be subsequently recited as “the pressurization protrusion” in line 2, and in lines 2 and 8 of claim 7. Appropriate correction is required.
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 9-10 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.
Regarding claims 9 and 10, each claim recites “the inner peripheral wall” (line 2 of claim 9; lines 1 and 3 of claim 10). There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10, the claim recites “the lower portion thereof” in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chan (US 2017/0105506).
Regarding claim 1, Chan discloses a container (see Fig. 1) comprising: a container part (10) adapted to receive a content therein (Paragraph 0011); a guide part (13) movably received in the container part (see Fig. 4); and a brush rod assembly (20/21/22) adapted to be inserted into the guide part (see Figs. 4-5), wherein the brush rod assembly is movable together with the guide part in a first moving distance (“the piston piece 13 will be pressed downward at the same time when the extension rod 21 is inserted therein”; Paragraph 0011) and movable independently of the guide part in a second moving distance (“[t]hereafter, the piston piece 13 is supported and positioned by the liquid surface when it is pushed to the liquid surface, and the extension rod 21 can then inserted into the liquid material to soak in it”; Paragraph 0011).
Regarding claim 9, Chan further discloses that at least one side of the guide part is spaced apart from the inner peripheral wall of the container part while the brush rod assembly is moving the first moving distance (i.e., contact with wall is only made at upper and/or lower edges of guide part; see annotated Fig. 4 below).
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Fig. 4 of Chan, cropped and annotated by Examiner
Claims 1, 6, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2018/0027944).
Regarding claim 1, Kim et al. disclose a container (Fig. 1) comprising: a container part (100) adapted to receive a content therein (Paragraph 0023); a guide part (240) movably received in the container part (via 300; Fig. 3); and a brush rod assembly (400/200) adapted to be inserted into the guide part (“240 is coupled to the brush rod 220 for encasing an outer circumferential surface of the brush rod 220”; Paragraph 0026), wherein the brush rod assembly is movable together with the guide part in a first moving distance (during insertion of brush rod when 222 contacts 240 and both move together past 310; Paragraph 0032; see Figs. 6B-6C) and movable independently of the guide part in a second moving distance (subsequent removal of brush rod until 221 contacts guide part; see Fig. 4B).
Regarding claim 6, Kim et al. further disclose that the brush rod assembly has a pressurizing protrusion (222) protruding outward from a periphery thereof, and the pressurization protrusion pressurizes the guide part, while the brush rod assembly is moving the first moving distance (“240 moves to a lower portion of the limitation protrusion 310 when the second pressurization part 222 pressurizes the brush rod wiper 240”; Paragraph 0032).
Regarding claim 9, Kim et al. further disclose that at least one side of the guide part is spaced apart from the inner peripheral wall of the container part while the brush rod assembly is moving the first moving distance (240 does not contact inner peripheral wall; see Fig. 3).
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 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Chan in view of Chen et al. (US 2017/0245618).
Regarding claims 2-4, Chan discloses the container according to claim 1, but does not disclose a compression member as claimed.
Chen et al. teaches a similar container (see Figs. 2a-2b) having a compression member (6) adapted to absorb a content thereinto (“containment and release body 6 is thus soaked in the cosmetic product and, in particular, the liquid cosmetic product so as not to release said cosmetic product and, in particular, the liquid cosmetic product, unless it is deformed, that is to say, unless it is made to contract, preferably by the applicator 4”; Paragraph 0051). Chen et al. illustrate an embodiment in which the applicator/brush rod deforms the top surface of the compression member, but further contemplate an embodiment in which the applicator is inserted into a cavity in the compression member (Paragraph 0053). Chen et al. teach that the compression member facilitates withdrawal of the content, and prevents buildup and/or degradation of the content (Paragraphs 0083-0085).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the container of Chan with a compression member, as taught by Chen et al., in order to facilitate withdrawal of the content and prevent buildup and/or degradation of the content. One having ordinary skill in the art would be capable of making such a modification with predictable results (e.g., by applying the teaching described in Paragraph 0053 of Chen et al. and employing the guide part to provide compressive force across the top surface of the compression member while the brush rod is inserted into a cavity of the compression member).
When implemented in the device of Chan, the compression member would thus be received between the guide part and the container part and pressurized against the guide part in such a way as to discharge the content therefrom, in accordance with claim 2. Furthermore, after the brush rod has passed through the guide part and continues along the second moving distance, the guide part is no longer compressing the compression member and would be capable of moving upwards due to the displacement of liquid content as the brush rod advances (see Paragraph 0011 of Chan, describing how liquid content on the brush rod acts as a lubricant; Paragraph 0011) and/or the restorative force of the compression member due to its elastic nature (see Paragraph 0050 of Chen et al.). Thus, the combined invention of Chan and Chen et al. is capable of satisfying the limitations of claim 3 (wherein the guide part moves toward the compression member, while the brush rod assembly is moving the first moving distance, and the guide part moves in a direction distant from the compression member, while the brush rod assembly is moving the second moving distance) and claim 4 (wherein the compression member returns to an original shape thereof as the pressurized state against the guide part is released or disappears). One having ordinary skill in the art would be capable of modifying the guide part disclosed by Chan to accommodate such movement with predictable results, while still achieving the stated purpose of Chan (i.e., scraping content from the container wall; see Paragraphs 0003-0004 of Chan).
Regarding claim 5, the compression member is taught by Chen et al. to be made of a porous material (Paragraphs 0049, 0052), and the content absorbed into the compression member is taught by Chen et al. to be a cosmetic product such as mascara or lip gloss (Paragraph 0002), which would inherently include formulations comprising a lipophilic material.
Claims 6-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Chan in view of Shin et al. (KR 20130012946). All references to the written description of Shin et al. are made to the attached machine translation into English, KR20130012946-MT.
Regarding claim 6, Chan discloses the container according to claim 1, but does not explicitly disclose a pressurizing protrusion as claimed.
Shin et al. teaches a similar container (see Figs. 3-4) having a brush rod assembly (200/300) with a pressurizing protrusion (320) protruding outward from a periphery thereof (on brush rod 300), and the pressurization protrusion pressurizes a guide part (500), while the brush rod assembly is moving a first moving distance (insertion of the brush rod; Paragraph 0016; see Fig. 6). Shin et al. teach that this feature prevents leakage through the guide part (“when the pressure generating step (320) provided at the end of the brush (300) penetrates the circular lip (520) of the brush-through hole (510), a sealing pressure is applied”; Paragraphs 0018, 0021).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the brush rod assembly of Chan with a pressurizing protrusion, as taught by Shin et al., in order to prevent leakage through the guide part as the brush rod assembly is inserted.
Regarding claim 7, Chan-Shin et al. in combination disclose the container according to claim 6. Chan further discloses that the brush rod assembly comprises a brush rod (21) adapted to pass through the guide part, and the guide part comprises: a brush rod through hole formed at the center thereof in such a way as to allow the brush rod to pass therethrough (see the Abstract and Fig. 4); and an elastic portion for surrounding the brush rod through hole in such a way as to allow a diameter of the brush rod through hole to be varied (13 is “soft elastic material” and has an interference fit with the brush rod; Paragraph 0011). When modified in accordance with the teaching of Shin et al., the brush rod would have the pressurization protrusion (the protrusion taught by Shin et al. is on the brush rod), and the pressurization protrusion would pressurize the elastic portion to expand the diameter of the brush rod through hole and pass through the brush rod through hole (in the same manner Chan describes with respect to the interference fit of the brush rod and through hole).
Regarding claim 10, Chan discloses the container according to claim 1. Chan appears to illustrate a container that tapers slightly toward the lower portion, but does not explicitly disclose that the inner peripheral wall of the container part tilts to decrease in sectional area toward the lower portion thereof.
Shin et al. teaches a similar container having an inner peripheral wall with a decreased sectional area toward the lower portion thereof (130 receives brush rod tip; see Fig. 2). Shin et al. teach that this feature allows the remaining content to be used even after the guide part is moved to the bottom (Paragraph 0015).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the container of Chan with an inner peripheral wall that decreases in sectional area toward the lower portion thereof, as taught by Shin et al., in order to maximize use of the content remaining at the bottom of the container when the guide part reaches the lowest point of the brush rod. One having ordinary skill in the art would be capable of implementing this through a tapering/tilting shape of the container with predictable results - namely, that the guide part stops moving in the container part when the guide part is supported against the inner peripheral wall, thus satisfying the limitations of claim 10.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chan in view of Shin et al., as applied to claim 7 above, and further in view of Sim et al. (WO 2020/080611). All references to the written description of Sim et al. are made to the attached machine translation into English, WO2020080611-MT.
Chan-Shin et al. in combination disclose the container according to claim 7, but neither reference discloses that the elastic portion is provided plurally, and the guide part has incised slits formed between the neighboring elastic portions in such a way as to allow the plurality of elastic portions to be deformed in shape.
Sim et al. teach a similar container with a guide part (40) having an elastic portion provided in portions (see 45 in Fig. 5) with incised slits (45A) formed between the neighboring elastic portions in such a way as to allow the plurality of elastic portions to be deformed in shape (Paragraph 0046). Sim et al. teach that this enables the content to be effectively wiped from a brush rod as it is removed (Paragraph 0054).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to provide the elastic portion of the combined invention with incised slits, as taught by Sim et al., in order to more effectively wipe content from the brush rod as it is removed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form for additional examples of similar containers having features relevant to the instant application. In particular, Masuyama (US 6,568,405), Gueret (US 6,082,918), Lasfargues et al. (US 8,152,399), Ramet et al. (US 7,824,121), and Lee et al. (KR 102543546) appear to disclose containers that would meet the limitations of at least the independent claim of the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C PATTERSON whose telephone number is (571)270-5558. The examiner can normally be reached M-F 7:30-4:00 CST.
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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.
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/MICHAEL C PATTERSON/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 July 24, 2026
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