DETAILED ACTION
Response to Amendment
Due to applicant’s amendment filed on August 21, 2025.
The status of the claim(s) is as follows:
Claim 1 has been amended,
Claim 4 was previously presented,
Claims 2-3 and 5 have been cancelled,
Claims 6-17 were and still are withdrawn from further consideration, and
Lastly claim 18 has been newly added.
Therefore, claims 1, 4 and 18 are currently pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bodenbender (US 7913866 A – art of record; hereinafter Bodenbender) in view of Bernardaud (FR 3056087 A1 – art of record; hereinafter Bernardaud).
Regarding claims 1 and 18, Bodenbender teaches a pot (1) having a multipart setup, the pot comprising:
an enveloping pot (11 and 12) and a product pot (31) for being received in the enveloping pot and serves for receiving a lotion, the enveloping pot and the product being made of different materials AND are different physical entities (see Bodenbender Figs. 1 and 3-5 – in which the product pot (31) is different/separate component/entity from the enveloping pot (11-12); emphasis added);
a pot collar (14) for connecting the product pot to the enveloping pot;
a pot weight (13) disposed in a space between the product pot and the enveloping pot;
a first connection formed between the product pot and the pot collar by connecting an abutment edge (32) of the product pot to an upper collar edge (36) of the pot collar; and
a second connection formed between a circumferential edge of the pot collar and a connective upper edge of the enveloping pot, so that the connective upper edge of the enveloping pot is fully flush with a transition surface of the pot collar that is formed by the circumferential edge of the pot collar (Bodenbender Col. 3 Ln. 37 – Col. 4 Ln. 27 and Figs. 1-5 (annotated below)).
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However, Bodenbender fails to teach wherein the second connection is a detachable press-fit, force fit, adhesive or welded connection, but more specifically, an adhesive or welded connection.
Bernardaud is in the same field of endeavor as the claimed invention and Bodenbender, which is a cosmetic pot or container. Bernardaud teaches a cosmetic pot having a multipart setup, the cosmetic pot comprising:
an enveloping pot (2) and a product pot (4) for being received in the enveloping pot, the product pot being adapted for receiving a lotion, the enveloping pot and the product pot being made of different material AND are different physical entities (as shown in Bernardaud Figs. 1 and 4);
a pot collar (i.e. in the form of thread ring (3)) for connecting the product pot to the enveloping pot, wherein the pot collar is formed as an open threaded sleeve (as shown in Bernardaud Figs. 1-2 and 4);
a first connection formed between the product pot and the pot collar by connecting an abutment edge (i.e. the over-hang or U-shaped flange of the product pot) to an upper collar edge (i.e. in the form of a clip-on notch (14)) of the pot collar; and
a second connection formed between a circumferential edge (i.e. in the form of shoulder (13)) of the pot collar and a connective upper edge (i.e. flange (15)) of the enveloping pot, wherein the second connection is an adhesive or welded connection, but more specifically, an adhesive connection (Bernardaud bottom of pg. 3 to top of pg. 9 and Figs. 1-9).
Examiner’s note: Bernardaud teaches the following, “According to another embodiment of the invention, the threaded ring 3 is held integral with the base 2 by bonding, applied for example at the level of the groove 16. Such a bonding made with an adhesive, for example epoxy, is advantageously not visible by user of pot 1…” (see third ¶ from the bottom of pg. 7). Examiner construes this above teaching to mean that an adhesive is used between the pot collar (3) and the enveloping pot (2) to ensure the pot collar does not get dislodged. Thus Bernardaud teaches the claimed adhesive connection; emphasis added.
With this in mind, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an adhesive connection (as taught by Bernardaud) AS AN ADDITIONAL FORM of attachment between the pot collar and the enveloping pot (of Bodenbender) to ensure the pot collar does not get dislodged from the enveloping pot (during use or transport).
Regarding claim 4, modified Bodenbender as above further teaches wherein the pot collar is connected to the upper connective edge via a ledge extending around the pot collar for forming the second connection (see Bodenbender Figs. 1 and 5).
Response to Arguments
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Therefore, applicant’s arguments with respect to the pending claims have been considered but are moot because the arguments do not apply to the combination of the references being used in the current rejection.
Conclusion
Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited documents are listed on the attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIJESH V. PATEL whose telephone number is (571)270-1878. The examiner can normally be reached on Monday - Thursday 6:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached on 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B. V. P./
Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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