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 .
Reopening After Appeal Brief
In view of the appeal brief filed on 10/31/2025, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 8, 12, 18, 29, and 35-47 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The independent claims 1, 12, and 35 include the claim limitation “the thermal liner layer formed as a single continuous piece”, however the specification does not describe a single continuous piece and the drawings do not show a single continuous piece. In the appeal brief filed 10/31/2025 the applicant pointed to paragraph 4 in the specification to describe the thermal liner layer, however paragraph 4 is silent as to the “single continuous piece”.
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) 1, 12, 29, 39, and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. PGPUB 2009/0301511 A1 to Vinci (“Vinci”) in view of U.S., Patent No. 8,622,235 to Suchecki (“Suchecki”).
As to claim 1, Vinci teaches a cosmetics bag comprising: an outer shell layer (walls 22 and 23) comprising a durable material (Vinci, pg. 2, ¶ 0014); a thermal liner layer (auxiliary storage compartments 42 and 52) contained within the outer shell layer (Vinci Fig. 3 shows the storage compartments contained within the walls 22 and 23), wherein said thermal liner layer comprises one or more non-woven fabrics (Vinci, pg. 2, ¶ 0014); the thermal liner layer configured to maintain a stable temperature inside the cosmetics bag (Vinci pg. 4, ¶ 0024, “eliminates any possibility of warmer spots occurring along the length of the holding areas”); a facing material layer (inner layer 40) contained within the thermal liner layer (Vinci Fig. 4 shows the inner layer inside the cosmetics carrying case); wherein the thermal liner layer and the facing material layer are sewn together (permanently joined at 30 by sewing, Vinci, pg. 2, ¶ 0015); and wherein make-up (lipstick 130) is storable within the cosmetics bag (Vinci, pg. 4, ¶ 0024); but does not teach the thermal liner layer further comprising a refractory coating; the thermal liner layer formed as a single continuous piece.
Suchecki teaches the thermal liner layer further comprising a refractory coating i.e. polytetrafluoroethylene (Suchecki, col. 3, line 65-col. 4, line 3); the thermal liner layer formed as a single continuous piece (Suchecki Fig. 4 shows the bottom panel 54 is a single continuous piece).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the polytetrafluoroethylene coating of Suchecki with the bag as taught by Vinci to provide superior thermal insulation (Suchecki, col. 5, lines 53-54).
As to claim 12, Vinci teaches a method for mitigating likelihood that cosmetic products located inside of a cosmetics bag will melt due to prolonged exposure to elevated temperatures comprising: providing a cosmetics bag (case 20) suitable for transporting small objects, said cosmetics bag comprising: an outer shell layer (walls 22 and 23) comprising a durable material (Vinci, pg. 2, ¶ 0014); a thermal liner layer (auxiliary storage compartments 42 and 52) contained within the outer shell layer (Vinci Fig. 3 shows the storage compartments contained within the walls 22 and 23); wherein said thermal liner layer comprises one or more non-woven fabrics (Vinci, pg. 2 ¶ 0014); the thermal liner layer configured to maintain stability of temperature inside the cosmetics bag (Vinci pg. 4, ¶ 0024, “eliminates any possibility of warmer spots occurring along the length of the holding areas”); a facing material layer (inner layer 40) contained within the thermal liner layer sewn together with the thermal liner layer (permanently joined at 30 by sewing, Vinci, pg. 2, ¶ 0015); and wherein make-up (lipstick 130) is storable within the cosmetics bag (Vinci, pg. 4, ¶ 0024); but does not teach wherein said thermal liner layer comprises one or more non-woven fabrics coated with a refractory coating to form the thermal liner layer as a single continuous piece.
Suchecki teaches the thermal liner layer further comprising a refractory coating (Suchecki, col. 3, line 65-col. 4, line 3); the thermal liner layer formed as a single continuous piece (Suchecki Fig. 4 shows the bottom panel 54 is a single continuous piece).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the polytetrafluoroethylene coating of Suchecki with the bag as taught by Vinci to provide superior thermal insulation (Suchecki, col. 5, lines 53-54).
As to claim 29, Vinci modified by Suchecki teaches the cosmetics bag of claim 1, wherein the thermal liner layer is permanently installed within the outer shell layer (permanently joined at 30 by sewing, Vinci, pg. 2, ¶ 0015).
As to claim 39, Vinci modified by Suchecki teaches the cosmetics bag of claim 1, wherein the refractory coating further comprises an inorganic and nonmetallic material (Suchecki, col. 3, line 65-col. 4, line 3).
As to claim 40, Vinci modified by Suchecki teaches the method of claim 12, wherein the refractory coating further comprises an inorganic and nonmetallic material (Suchecki, col. 3, line 65-col. 4, line 3).
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci in view of Suchecki further in view of Canadian Patent Application CA 2,776,161 to Wood et al. (“Wood”).
As to claim 8, Vinci modified by Suchecki teaches the cosmetics bag of claim 1, but does not teach wherein said one or more non-woven fabrics comprises a coated fabric comprising silica.
Wood teaches wherein said one or more non-woven fabrics comprises a coated fabric comprising silica (Wood, pg. 16, lines 10-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the silica coating of Wood with the bag as taught by Vinci modified by Suchecki to absorb fluid (Wood, pg. 16, lines 14-17).
As to claim 18, Vinci modified by Suchecki teaches the method of claim 12, wherein the one or more non-woven fabrics comprise a moisture resistant fabric comprising silica.
Wood teaches wherein said one or more non-woven fabrics comprises a coated fabric comprising silica (Wood, pg. 16, lines 10-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the silica coating of Wood with the bag as taught by Vinci modified by Suchecki to absorb fluid (Wood, pg. 16, lines 14-17).
Claim(s) 35 and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci in view of Suchecki further in view of U.S. PGPUB 2013/0115393 A1 to Beck (“Beck”).
As to claim 35, Vinci teaches a cosmetics bag comprising: an outer shell layer (walls 22 and 23) comprising a durable material (Vinci, pg. 2, ¶ 0014); a thermal liner layer (auxiliary storage compartments 42 and 52) permanently installed within the outer shell layer (Vinci Fig. 3 shows the storage compartments contained within the walls 22 and 23); a facing material layer (inner layer 40) permanently installed within the thermal liner layer (permanently joined at 30 by sewing, Vinci, pg. 2, ¶ 0015); the thermal liner layer configured to maintain a stable temperature inside the cosmetics bag (Vinci pg. 4, ¶ 0024, “eliminates any possibility of warmer spots occurring along the length of the holding areas”); and wherein make-up (lipstick 130) is storable within the cosmetics bag (Vinci, pg. 4, ¶ 0024); but does not teach wherein the thermal liner layer formed as a single continuous piece; said thermal liner layer comprises one or more heat resistant fabrics comprising a refractory coating; wherein the one or more heat resistant fabrics comprise aramid fibers.
Suchecki teaches the thermal liner layer further comprising a refractory coating (Suchecki, col. 3, line 65-col. 4, line 3); the thermal liner layer formed as a single continuous piece (Suchecki Fig. 4 shows the bottom panel 54 is a single continuous piece).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the polytetrafluoroethylene coating of Suchecki with the bag as taught by Vinci to provide superior thermal insulation (Suchecki, col. 5, lines 53-54).
Beck teaches wherein the one or more heat resistant fabrics comprise aramid fibers (Beck, pg. 1-2, ¶ 0021).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the aramid fibers of Beck with the bag as taught by Vinci modified by Suchecki to provide a high performance fiber (Beck, pg. 1-2, ¶ 0021).
As to claim 41, Vinci modified by Suchecki and Beck teaches the cosmetics bag of claim 35, wherein the refractory coating further comprises an inorganic and nonmetallic material (Suchecki, col. 3, line 65-col. 4, line 3).
Claim(s) 36, 37, 42, and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci in view of Suchecki further in view of U.S. PGPUB 2007/0090014 A1 to Wheeler et al. (“Wheeler”).
As to claim 36, Vinci modified by Suchecki teaches the cosmetics bag of claim 1, but does not teach wherein the one or more non-woven fabrics comprises heat-resistant fibers; wherein the heat-resistant fibers are selected from the group consisting of: aramids, polybenzimidazoles, polyamideimides, polyetherimides, polyacrylates, aromatic copolyimides, polyacrylonitriles, polyetherketones, polysulfones, polyethersulfones, melamines, and polybenzoxazole.
Wheeler teaches wherein the one or more non-woven fabrics comprises heat-resistant fibers; wherein the heat-resistant fibers are selected from the group consisting of: aramids, polybenzimidazoles, polyamideimides, polyetherimides, polyacrylates (Wheeler, pg. 7, ¶ 0057), aromatic copolyimides, polyacrylonitriles, polyetherketones, polysulfones, polyethersulfones, melamines, and polybenzoxazole.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the polyacrylates material of Wheeler to make the fabrics for the bag as taught by Vinci modified by Suchecki to provide an absorbent layer (Wheeler, pg. 7, ¶ 0057).
As to claim 37, Vinci modified by Suchecki teaches the method of claim 12, but does not teach wherein the one or more non-woven fabrics comprises heat-resistant fibers; wherein the heat-resistant fibers are selected from the group consisting of: aramids, polybenzimidazoles, polyamideimides, polyetherimides, polyacrylates, aromatic copolyimides, polyacrylonitriles, polyetherketones, polysulfones, polyethersulfones, melamines, and polybenzoxazole.
Wheeler teaches wherein the one or more non-woven fabrics comprises heat-resistant fibers; wherein the heat-resistant fibers are selected from the group consisting of: aramids, polybenzimidazoles, polyamideimides, polyetherimides, polyacrylates (Wheeler, pg. 7, ¶ 0057), aromatic copolyimides, polyacrylonitriles, polyetherketones, polysulfones, polyethersulfones, melamines, and polybenzoxazole.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the polyacrylates material of Wheeler to make the fabrics for the bag as taught by Vinci modified by Suchecki to provide an absorbent layer (Wheeler, pg. 7, ¶ 0057).
As to claim 42, Vinci modified by Suchecki teaches the cosmetics bag of claim 1, but does not teach wherein the non-woven fabrics comprise a spunlaced non-woven material.
Wheeler teaches wherein the non-woven fabrics comprise a spunlaced non-woven material (Wheeler, pg. 6, ¶ 0050).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the material of Wheeler with the bag as taught by Vinci modified by Suchecki to provide a package with a purse-like appearance (Wheeler, pg. 3, ¶ 0031).
As to claim 44, Vinci modified by Suchecki teaches the method of claim 12, but does not teach wherein the non-woven fabrics comprise a spunlaced non-woven material.
Wheeler teaches wherein the non-woven fabrics comprise a spunlaced non-woven material (Wheeler, pg. 6, ¶ 0050).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the material of Wheeler with the bag as taught by Vinci modified by Suchecki to provide a package with a purse-like appearance (Wheeler, pg. 3, ¶ 0031).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci in view of Suchecki in view of Beck further in view of Wheeler.
As to claim 38, Vinci modified by Suchecki and Beck teaches the cosmetics bag of claim 35, but does not teach wherein the thermal liner layer further comprises: a non-woven fabric comprising heat-resistant fibers; the heat-resistant fibers selected from the group consisting of: aramids, polybenzimidazoles, polyamideimides, polyetherimides, polyacrylates, aromatic copolyimides, polyacrylonitriles, polyetherketones, polysulfones, polyethersulfones, melamines, and polybenzoxazole.
Wheeler teaches wherein the one or more non-woven fabrics comprises heat-resistant fibers; wherein the heat-resistant fibers are selected from the group consisting of: aramids, polybenzimidazoles, polyamideimides, polyetherimides, polyacrylates (Wheeler, pg. 7, ¶ 0057), aromatic copolyimides, polyacrylonitriles, polyetherketones, polysulfones, polyethersulfones, melamines, and polybenzoxazole.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the polyacrylates material of Wheeler to make the fabrics for the bag as taught by Vinci modified by Suchecki to provide an absorbent layer (Wheeler, pg. 7, ¶ 0057).
Claim(s) 43 and 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci in view of Suchecki further in view of U.S. Patent No. 7,240,513 B1 to Conforti (“Conforti”).
As to claim 43, Vinci modified by Suchecki teaches the cosmetics bag of claim 1, but does not teach wherein the non-woven fabrics comprise a perforated non-woven material.
Conforti teaches wherein the non-woven fabrics comprise a perforated non-woven material (Conforti, col. 19, lines 10-13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the perforated material of Conforti with the bag as taught by Vinci modified by Suchecki to evenly distribute the cooling effects (Conforti, col. 19, lines 7-13).
As to claim 45, Vinci modified by Suchecki teaches the method of claim 12, but does not teach wherein the non-woven fabrics comprise a perforated non-woven material.
Conforti teaches wherein the non-woven fabrics comprise a perforated non-woven material (Conforti, col. 19, lines 10-13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the perforated material of Conforti with the bag as taught by Vinci modified by Suchecki to evenly distribute the cooling effects (Conforti, col. 19, lines 7-13).
Claim(s) 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci in view of Suchecki further in view of U.S. PGPUB 2017/0320653 A1 to Mogil et al. (“Mogil”).
As to claim 46, Vinci modified by Suchecki teaches the cosmetics bag of claim 1, but does not teach wherein the outer shell layer comprises an abrasion resistant and moisture resistant coating.
Mogil teaches wherein the outer shell layer comprises an abrasion resistant and moisture resistant coating (Mogil, pg. 3-4, ¶ 0050).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the abrasion resistant cloth of Mogil with the bag as taught by Vinci modified by Suchecki to provide additional protection when placed on or against rough surfaces (Mogil, pg. 3, ¶ 0046).
Claim(s) 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinci in view of Suchecki further in view of U.S. Patent No. 5,503,477 to Schlough (“Schlough”).
As to claim 47, Vinci modified by Suchecki teaches the cosmetics bag of claim 1, but does not teach wherein the one or more non-woven fabrics comprise: a first non-woven fabric; a second non-woven fabric; and wherein the first non-woven fabric comprises a greater basis weight than the second non-woven fabric.
Schlough teaches wherein the one or more non-woven fabrics comprise: a first non-woven (Schlough, col. 5, lines 26-29) fabric (first absorbent layer 120); a second non-woven (Schlough, col. 5, lines 26-29) fabric (second printable layer 130); and wherein the first non-woven fabric comprises a greater basis weight than the second non-woven fabric (Schlough, col. 5, lines 17-23 and col. 5, lines 33-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the different non-woven fabrics of Schlough with the bag as taught by Vinci modified by Suchecki to absorb extra moisture (Schlough, col. 5, lines 14-17).
Response to Arguments
Applicant's arguments filed 09/22/2025 have been fully considered but they are not persuasive. The applicant argues that the Vinci reference does not teach “maintaining, in its interior, a stable temperature”. However, in paragraph 3 Vinci says, “thermally insulated cosmetic carrying case useful in efficiently storing heat-sensitive cosmetics in a cool, temperature controlled environment”.
Conclusion
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON LYNN POOS whose telephone number is (571)270-7427. The examiner can normally be reached Mon-Thus 10-3 EST.
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/M.L.P/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 27 February 2026