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 without traverse of Group I in the reply filed on 7/27/2026 is acknowledged.
Claim 19 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/27/2026.
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 one-way valve must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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
Claim 1 is objected to because of the following informalities: Claim 1, line 3 please change “delimited by surface” to - -delimited by a surface- -. 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 5, 7, 9, 10, 12, 13, and 14 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 5, states “a first end portion extending in a transverse direction a long a length” it is unclear what structure applicant is referring too. Along the length of what? It will be examined as “the support further comprising…”
Claim 9, line 2, “the support void space” lacks a prior antecedent.
Claim 10, line 4, “the connector void space” lacks a prior antecedent.
Claim 12, line 2, “the closure” lacks a prior antecedent.
Claim 13, line 3, “the closure” lacks a prior antecedent.
Claim 14, line 2, “the first position of the closure resides in the closer first position and the second position of the closure reside in the closure second position” lack a prior antecedent.
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(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (WO 2006/129930).
Regarding claim 1, Song discloses a dry hair shampoo applicator (130), comprising a support (100), a plurality of apertures (120) delimited by surface of the support; and a first plurality of teeth (310) arranged in a first row along the support (Fig. 2).
Regarding claim 2, a closure (132) moveably connected to a portion of the applicator; and said closure adjustable to and from a closure first position and a closure second position (Fig. 2; paragraphs 41-42).
Regarding claim 3, wherein said closure (132) further comprises a plurality of closure through holes (133) in the closure; and a plurality of barrier portions, each barrier portion formed with surface of said closure (Fig. 2).
Regarding claim 4, when said closure (132) is in said first position, each closure through hole opens into a unique one of said apertures; and when said closure in said second position, each barrier portion completely covers a unique one of said apertures (Fig. 2; paragraphs 41-42).
Regarding claim 5, the support further comprises a first end portion extending in a transverse direction along a length, the first end portion includes a base; the first end the portion includes a free end opposite the base; and a second end portion extends in the transverse direction along a length, the second portion includes a base and a free end opposite the base (Fig. 1 and 2).
Regarding claim 6, further comprising: a guide (arm of 134) residing in a support void space (Fig. 2), the closure coupled to the guide slides relative to the guide between the first and second positions (Fig. 2).
Regarding claim 7, further comprising: a connector (200) which delimits a void space (space with 134); the connector void space resides in fluid connection with a void space delimited by said support void space (110) (Fig. 2).
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.
Claim(s) 8-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (WO 2006/129930) in view of Anguelo (US 6,962,158).
Song further discloses an actuator (134) which moves to and from a first and a second position (Fig. 2); a link connecting the actuator to the closure (Fig. 2); movement of the actuator to and from the first and the second positions moves the closure to and from the closure first and closure second position (Fig. 2; paragraphs 41-42) and wherein the product is dry shampoo (paragraphs 66-70).
Song discloses the claimed invention except for the connector further comprises a first connector open end connected to the support; the first open end of the connector opens into the support void space; the connector further comprises; a second open end spaced from the connector first open end; said connector second open end opens into the connector void space and a container having an interior surface defining an interior void space in which can reside the product, said container connected to the connector; a container open end of said container opens into the connector void space, the container has a closed end opposite the open end, raising said container in a transverse direction relative to the support, moves product from the container through the connector and into the support void space; a one way valve residing at the connector, the container open end, or at the support void space; said one way valve positioned and configured to at least substantially prevent backflow of product having exited the container from going back into the container.
Anguelo disclose a hair product device comprising a connector having a first connector open end connected to a support (20); the first open end of the connector opens into the support void space (48); the connector further comprises; a second open end (46) spaced from the connector first open end; said connector second open end opens into the connector void space and a container (80) having an interior surface defining an interior void space (88) in which can reside the product, said container connected to the connector (via screw threads); a container open end of said container opens into the connector void space (Fig. 2), the container has a closed end (90) opposite the open end, raising said container in a transverse direction relative to the support, moves product from the container through the connector and into the support void space; a one way valve (92) residing at the connector (Fig. 6), the container open end, or at the support void space; said one way valve positioned and configured to at least substantially prevent backflow of product having exited the container from going back into the container (col. 2, lines 50-60).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Song be made with a removable container comprising a one-way valve as taught by Angelo to allow for easy replacement cartridges to be used.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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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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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
8/4/2026
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