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 .
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.
The claim limitations “means for snap-fitting” in claim 11, “means for wedging” in claim 12 and “means for assisting extraction” in claim 14 have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “means” coupled with functional language “wedging” and “assisting extraction” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1, 4, 9, 12, 14, and 15 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: the means for snap-fitting in claim 11 is disclosed as being snap-fit protrusions; the means for assisting extraction in claim 14 is disclosed as being a contact between the cover and the refill (refer to Applicant’s Specification Paragraph [00155]) and the means for wedging in claim 12 appears to be projections, 58 adjacent the hinge member which provide a stop for the hinge of the cover (refer to Applicant’s Specification Paragraph [00142-00146]).
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 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 1, 4-5, 9, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Moretti (US2021/0169198) in view of Lee (KR20210058430A) and Gatesoupe et al. (US2011/0011418).
Regarding claim 1, Moretti discloses a refill (5, 6, 7, 70; Figures 1-8) for a cosmetic product dispensing receptacle, comprising:
a base (7 and/or 70) defining a housing (not labeled, but is the interior space bounded by 9, as best shown in Figures 2 and 6) suitable for receiving a cup (4, 4A, 4B, 4C) containing the cosmetic product (2),
a platform (6) for holding the cup in position (refer to Paragraph [0036]), the platform being movable in rotation (best shown in Figure 2; additionally refer to Paragraph [0032]) with respect to the base between a closed position (position depicted in Figure 1) capable of clamping the cup (refer to Paragraph [0035-0036]) and an open position (position depicted in Figure 2) allowing the cup to be removed (refer to Figure 2 wherein the platform is hinged open and the cup/godet, 4, is shown to be removed from the base, 7), the platform being connected to the base by a pivot connection (externally to the lugs, refer to Paragraph [0049]; “multiple hinging”, refer to Paragraph [0049]), the platform having an annular shape (best shown in Figures 2, 5 and 8, wherein the window), with a central window (“window”, 6A) allowing free access to the cosmetic product of the cup (the limitation “allowing free access to the cosmetic product of the cup” is interpreted as an intended use/functional limitation. Moretti discloses a window, 6A, in the form of an opening, this opening permits a user to access any cosmetic product in the cup and therefore Moretti’s central window allows free access to the cosmetic product of the cup), and
a system for positioning the cup in order to limit any relative movement of the cup with respect to the base in the closed position (refer to Figure 4), the bearing surface having at least one positioning means, the positioning system comprising a bearing surface of the platform capable of resting against an upper rim of the cup (the bottom surface of the platform presses against an upper rim of the cup as best described in Paragraph [0036]; additional means 10, are providing for positioning the cup, refer to Paragraph [0041]).
Moretti does not disclose that the system for positioning the cup serves to also center the cup within the base or wherein said bearing surface is inclined, wherein said inclined bearing surface flares radially outwards towards a bottom of the refill, wherein said inclined bearing surface has clamping lugs projecting towards the base such that the clamping lugs are configured to bear against the upper rim of the cup, wherein said clamping lugs are regularly distributed around a circumference of the inclined bearing surface to center the cup within the base.
Lee discloses a similar refill (Figures 1-8) comprising a base (40) adapted to receive a cup (10) containing a cosmetic (refer to Figures 3-5, and 7-8 which depict a cosmetic product disposed within the cup; additionally refer to Page 4, third paragraph of the translation which states “the contents filled in the inner space of the contents plate 10”), a cover (30) and a platform (20), the platform further abuts an upper rim of the cup (refer to cropped and annotated Lee Figure 5, below), the bottom surface of the platform comprising an incline that flares radially outward (flare is defined by Merriam-Webster as “a spreading outward”; Lee’s incline is angled outward, and is therefore spreading outward/flared outward; additionally, this limitation is interpreted in light of the specification, wherein the configuration of Lee’s inclined bearing surface is similar to that of the instant application when compared to applicant’s figure 20), wherein a bottom surface of the platform defines a system for positioning the cup and serves to center the cup (the bottom surface of the cup has an incline which, when placed against a surface of the cup would aid in centering the cup within the base).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Moretti’s refill such that said bearing surface is inclined, the incline of the bearing surface constituting one of the at least one positioning means, the inclined bearing surface resting against the upper rim of the cup, wherein said inclined bearing surface flares radially outward towards a bottom of the refill and centers the cup in the base, as taught by Lee, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a cosmetic container capable of securely storing a refill of cosmetic material.
The combination of Moretti and Lee does not disclose wherein said inclined bearing surface has clamping lugs projecting towards the base such that the clamping lugs are configured to bear against the upper rim of the cup, wherein said clamping lugs are regularly distributed around a circumference of the inclined bearing surface to center the cup within the base.
Gatesoupe discloses a similar refill (10, Figures 1-8) for a cosmetic product (“to contain at least one cosmetic article”, refer to Paragraph [0064]), comprising a cup (16) containing the product, a cover (32) and an intermediate platform (36), that bears against an upper rim of the cup (best shown in Figure 2), wherein the intermediate platform comprises an inclined surface (refer to Figure 2) with clamping lugs (62, 82) projecting toward the base (refer to Figure 2), and that are configured to bear against (refer to Paragraph [0110]; additionally refer to Figure 2) an upper rim of the cup (refer to Figure 2), the rims being regularly distributed (refer to Figure 5) around a circumference of the inclined bearing surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bearing surface of the combination of Moretti and Lee to comprise clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup and are regularly distributed around a circumference of the inclined bearing surface, as taught by Gatesoupe, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of engaging a platform with a cosmetic cup.
Modifying the inclined bearing surface of the combination of Moretti and Lee to have clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup and are regularly distributed around a circumference of the inclined bearing surface provides a configuration similar to that shown in the appended figure below, wherein the clamping lugs are configured to center the cup within the base, since these lugs are disposed on an outer circumference of the cup.
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Regarding claim 4, the combination of Moretti, Lee, and Gatesoupe discloses the refill according to claim 1, as applied above. Moretti further discloses wherein said positioning system cooperates with a hanging system provided between the platform and the base (the limitation “hanging system” is being interpreted under a broadest reasonable interpretation, in light of Applicant’s disclosure. Per Applicant’s disclosure, the hanging system is provided by snap-fit between a female coupling means, 9, on the base of the receptacle and a male coupling means, 24, disposed on the platform, refer to Applicant’s Figure 9. Thus, under a broadest reasonable interpretation, the hanging system is interpreted as a snap-fit coupling means; Moretti teaches “snap-fit means”, 8A, 8B which secures the base and the platform and therefore constitutes a hanging system; additionally refer to Moretti Paragraph [0033] and Moretti Figure 2).
Regarding claim 5, the combination of Moretti, Lee, and Gatesoupe discloses wherein said positioning system comprises a plurality of pins (90, refer to Moretti Figure 6) protruding from a bottom of the base (best shown in Moretti Figure 6) and adapted to support the cup (portions 90 are adapted to laterally support cups 4A, 4B, 4C; refer to Moretti Figure 6). The combination does not explicitly disclose that the pins are rigid. The combination does however disclose that the entire base may be made of many different materials including PP, PE, PET, PLA, filled PLA, filled PP, ABS, PETG-SAN-PMMA-PC (refer to Moretti Paragraph [0079]), many of which may be processed to provide a final product exhibiting rigidity. Thus, the combination demonstrates that the material of the base and therefore the material of the pins may be modified as a matter of design choice. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the refill of the combination of Moretti, Lee, and Gatesoupe such that the pins are rigid, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice; additionally, modifying the pins to be rigid ensures better lateral support of the cups.
Regarding claim 9, the combination of Moretti, Lee, and Gatesoupe discloses the refill according to claim 1, as applied above. Moretti further discloses an inner skirt (9) disposed within the base (refer to Figures 2, 6-8) wherein the base has two lateral tabs for gripping the cup, said lateral tabs being fitted in an internal skirt of the base (per Applicant’s disclosure, the lateral tabs, 7, are depicted as recesses in the skirt, as best shown in Applicant’s Figure 11; Moretti discloses that the skirt “may feature recesses”, refer to Paragraph [0039] to aid in the removal of the godet/cup, refer to Paragraph [0076], which in light of Applicant’s disclosure, constitute lateral tabs).
Regarding claim 15, Moretti discloses an assembly (1, Figures 1-8) consisting of a receptacle (5) for dispensing cosmetic product (2) and of a cup (4) housed in a refill (6, 7, 70; Figures 1-8), the refill comprising a base (7 and/or 70) defining a housing (not labeled, but is the interior space bounded by 9, as best shown in Figures 2 and 6) suitable for receiving the cup (4), a platform (6) for holding the cup in position (refer to Paragraph [0036]), the platform being movable in rotation (best shown in Figure 2; additionally refer to Paragraph [0032]) with respect to the base between a closed position (position depicted in Figure 1) capable of clamping the cup (refer to Paragraph [0035-0036]) and an open position (position depicted in Figure 2) allowing the cup to be removed (refer to Figure 2 wherein the platform is hinged open and the cup/godet, 4, is shown to be removed from the base, 7), the platform being connected to the base by a pivot connection (externally to the lugs, refer to Paragraph [0049]; “multiple hinging”, refer to Paragraph [0049]) and a system for positioning the cup in order to limit any relative movement of the cup with respect to the base in the closed position of the platform, the positioning system comprising a bearing surface of the platform capable of resting against an upper rim of the cup (the bottom surface of the platform presses against an upper rim of the cup as best described in Paragraph [0036]; additional means 10, are providing for positioning the cup, refer to Paragraph [0041]).
Moretti does not disclose that the system for positioning the cup centers the cup within the base, or the bearing surface having at least one positioning means (in light of applicant’s specification, the at least one positioning means constitutes an inclined bearing surface; Moretti appears to only provide a substantially flat bearing surface as best shown in Moretti Figure 4), wherein said bearing surface is inclined, the incline of the bearing surface constituting one of the at least one positioning means, the inclined bearing surface resting against the upper rim of the cup, wherein said inclined bearing surface flares radially outwards towards a bottom of the refill, wherein said inclined bearing surface has clamping lugs projecting towards the base such that the clamping lugs are configured to bear against the upper rim of the cup, wherein said clamping lugs are regularly distributed around a circumference of the inclined bearing surface to center the cup within the base. Rather, Moretti discloses a substantially flat bearing surface that bears against an upper rim of the cup (refer to annotated Moretti Figure 4, below).
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Lee discloses a similar assembly (Figures 1-8) comprising a base (40) adapted to receive a cup (10) containing a cosmetic (refer to Figures 3-5, and 7-8 which depict a cosmetic product disposed within the cup; additionally refer to Page 4, third paragraph of the translation which states “the contents filled in the inner space of the contents plate 10”), a cover (30) and a platform (20), wherein a bottom surface of the platform abuts an upper rim of the cup (refer to cropped and annotated Lee Figure 5, below), the bottom surface of the platform comprising an incline that flares radially outward toward a bottom of the refill/base (flare is defined by Merriam-Webster as “a spreading outward”; Lee’s incline is angled outward, and is therefore spreading outward/flared outward; additionally, this limitation is interpreted in light of the specification, wherein the configuration of Lee’s inclined bearing surface is similar to that of the instant application when compared to applicant’s figure 20; the inclined bearing surface flares downward, i.e. towards a bottom of the refill/base, as best shown in the annotated Figure below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Moretti’s assembly such that the system for positioning the cup centers the cup within the base, the bearing surface having at least one positioning means, wherein said bearing surface is inclined, the incline of the bearing surface constituting one of the at least one positioning means, the inclined bearing surface resting against the upper rim of the cup, wherein said inclined bearing surface flares radially outwards towards a bottom of the refill, as taught by Lee, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a cosmetic container configured to securely store a refill of cosmetic material.
The combination of Moretti and Lee does not disclose wherein said inclined bearing surface has clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup, wherein said clamping lugs are regularly distributed around a circumference of the inclined bearing surface to center the cup within the base.
Gatesoupe discloses a similar assembly (10, Figures 1-8) for a cosmetic product (“to contain at least one cosmetic article”, refer to Paragraph [0064]), comprising a cup (16) containing the product, a cover (32) and an intermediate platform (36), that bears against an upper rim of the cup (best shown in Figure 2), wherein the intermediate platform comprises an inclined surface (refer to Figure 2) with clamping lugs (62, 82) projecting toward the base (refer to Figure 2) that are configured to bear against (refer to Paragraph [0110]; additionally refer to Figure 2) an upper rim of the cup (refer to Figure 2), the rims being regularly distributed (refer to Figure 5) around a circumference of the inclined bearing surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bearing surface of the combination of Moretti and Lee to comprise clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup and are regularly distributed around a circumference of the inclined bearing surface, as taught by Gatesoupe, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of engaging a platform with a cosmetic cup.
Modifying the inclined bearing surface of the combination of Moretti and Lee to have clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup and are regularly distributed around a circumference of the inclined bearing surface provides a configuration similar to that shown in the appended figure below, wherein the clamping lugs are configured to center the cup within the base, since these lugs are disposed on an outer circumference of the cup.
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Regarding claim 16, Moretti discloses a refill (5, 6, 7, 70; Figures 1-8) for a cosmetic product dispensing receptacle, comprising:
a base (7 and/or 70) defining a housing (not labeled, but is the interior space bounded by 9, as best shown in Figures 2 and 6) receiving a cup (4, 4A, 4B, 4C) containing the cosmetic product (2),
a cup (4, 4A, 4B, 4C) containing the cosmetic product (2),
a platform (6) for holding the cup in position (refer to Paragraph [0036]), the platform being movable in rotation (best shown in Figure 2; additionally refer to Paragraph [0032]) with respect to the base between a closed position (position depicted in Figure 1) capable of clamping the cup (refer to Paragraph [0035-0036]) and an open position (position depicted in Figure 2) allowing the cup to be removed (refer to Figure 2 wherein the platform is hinged open and the cup/godet, 4, is shown to be removed from the base, 7), the platform being connected to the base by a pivot connection (externally to the lugs, refer to Paragraph [0049]; “multiple hinging”, refer to Paragraph [0049]), the platform having an annular shape (best shown in Figures 2, 5 and 8, wherein the window), with a central window (“window”, 6A) allowing free access to the cosmetic product of the cup (the limitation “allowing free access to the cosmetic product of the cup” is interpreted as an intended use/functional limitation. Moretti discloses a window, 6A, in the form of an opening, this opening permits a user to access any cosmetic product in the cup and therefore Moretti’s central window allows free access to the cosmetic product of the cup), and
a system for positioning the cup in order to limit any relative movement of the cup with respect to the base in the closed position (refer to Figure 4, wherein a lower surface of platform 6 rests against an upper surface of the rim of the cup, thereby positioning the cup), the positioning system comprising a bearing surface of the platform capable of resting against an upper rim of the cup (the bottom surface of the platform presses against an upper rim of the cup as best described in Paragraph [0036]; additional means 10, are providing for positioning the cup, refer to Paragraph [0041]).
Moretti does not disclose that the system for positioning the cup centers the cup within the base in the closed position of the platform, or that the positioning system comprises an inclined bearing surface, the inclined bearing surface resting against the upper rim of the cup, wherein said inclined bearing surface flares radially outwards towards a bottom of the refill, wherein said inclined bearing surface has clamping lugs projecting towards the base such that the clamping lugs are configured to bear against the upper rim of the cup, wherein said clamping lugs are regularly distributed around a circumference of the inclined bearing surface to center the cup within the base. Rather, Moretti discloses a substantially flat bearing surface that bears against an upper rim of the cup (refer to annotated Moretti Figure 4, below).
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Lee discloses a similar refill (Figures 1-8) comprising a base (40) adapted to receive a cup (10) containing a cosmetic (refer to Figures 3-5, and 7-8 which depict a cosmetic product disposed within the cup; additionally refer to Page 4, third paragraph of the translation which states “the contents filled in the inner space of the contents plate 10”), a cover (30) and a platform (20), wherein a bottom surface of the platform abuts an upper rim of the cup (refer to cropped and annotated Lee Figure 5, below), the bottom surface of the platform comprising an incline that flares radially outward toward a bottom of the refill/base (flare is defined by Merriam-Webster as “a spreading outward”; Lee’s incline is angled outward, and is therefore spreading outward/flared outward; additionally, this limitation is interpreted in light of the specification, wherein the configuration of Lee’s inclined bearing surface is similar to that of the instant application when compared to applicant’s figure 20; the inclined bearing surface flares downward, i.e. towards a bottom of the refill/base, as best shown in the annotated Figure below).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Moretti’s refill such that the system for positioning the cup centers the cup within the base, the positioning system comprising an inclined bearing surface of the platform resting against an upper rim of the cup, wherein said inclined bearing surface flares radially outwards towards a bottom of the refill, as taught by Lee, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a cosmetic container configured to securely store a refill of cosmetic material.
The combination of Moretti and Lee does not disclose wherein said inclined bearing surface has clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup, wherein said clamping lugs are regularly distributed around a circumference of the inclined bearing surface to center the cup within the base.
Gatesoupe discloses a similar refill (10, Figures 1-8) for a cosmetic product (“to contain at least one cosmetic article”, refer to Paragraph [0064]), comprising a cup (16) containing the product, a cover (32) and an intermediate platform (36), that bears against an upper rim of the cup (best shown in Figure 2), wherein the intermediate platform comprises an inclined surface (refer to Figure 2) with clamping lugs (62, 82) projecting toward the base (refer to Figure 2) that are configured to bear against (refer to Paragraph [0110]; additionally refer to Figure 2) an upper rim of the cup (refer to Figure 2), the rims being regularly distributed (refer to Figure 5) around a circumference of the inclined bearing surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bearing surface of the combination of Moretti and Lee to comprise clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup and are regularly distributed around a circumference of the inclined bearing surface, as taught by Gatesoupe, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of engaging a platform with a cosmetic cup.
Modifying the inclined bearing surface of the combination of Moretti and Lee to have clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup and are regularly distributed around a circumference of the inclined bearing surface provides a configuration similar to that shown in the appended figure below, wherein the clamping lugs are configured to center the cup within the base, since these lugs are disposed on an outer circumference of the cup.
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Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Moretti, Lee, and Gatesoupe as applied to claim 4 above, and further in view of Peters et al. (US2014/0332026).
Regarding claim 7, the combination of Moretti, Lee, and Gatesoupe discloses the refill according to claim 4, wherein said hanging system consists of a snap-fit cooperation provided by snap-fit means disposed on the base and the platform (refer to Paragraph [0033]) but does not disclose that the snap-fit cooperation is provided between flexible legs provided on the platform and windows provided on the base. Lee discloses legs 26a that engage with grooves, 46, but the grooves are not described as windows.
Peters discloses a similar refill (Figure 9) for containing a cosmetic, the receptacle comprising a base (112 or 114), and a platform (131) that releasably locks the platform into the base (refer to Paragraph [0032]) via a snap-fit between flexible legs (129) and a window (35) provided in the base. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hanging system consisting of a snap-fit cooperation of the refill of the combination of Moretti, Lee, and Gatesoupe consists of flexible legs on the platform and windows provided on the base, as taught by Peters, since such a modification would have involved simple substitution of one known snap-fit configuration for another known connection to obtain the predictable results of retaining the platform to the base.
Regarding claim 8, the combination of Moretti, Lee, Gatesoupe and Peters discloses the refill according to claim 7, as applied above. Moretti further discloses wherein the base has an inner skirt (9) dimensioned to surround and laterally contain the cup (“laterally contain the godet 4”, refer to Paragraph [0038]). The combination does not disclose wherein the inner skirt has a plurality of windows into which he flexible legs provided are inserted on the platform; however, Moretti does disclose that the inner skirt may have recesses (refer to Paragraph [0039]), thereby demonstrating that modifying the skirt is within the scope of the invention. Peters further discloses an inner skirt (inner wall of 114, best shown in Figure 9) which comprises the plurality of windows (35, best shown in Figure 9) into which the flexible legs are inserted. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the refill of the combination of Moretti, Lee, Gatesoupe and Peters to configure the snap-fit cooperation between the platform and the base such that the plurality of windows are disposed on the inner skirt of Moretti, as taught by Peters, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of coupling two components.
Claims 10-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Moretti (US2021/0169198) in view of Lee (KR202100584320A), Gatesoupe et al. (US2011/0011418), and Yuhara (US6311701).
Regarding claims 10 and 11, Moretti discloses a cosmetic product refill (5, 6, 7, 70; Figures 1-8) comprising a base (7 and/or 70) defining a housing (not labeled, but is the interior space bounded by 9, as best shown in Figures 2 and 6) suitable for receiving a cup (4) containing the cosmetic product (2), a platform (6) for holding the cup in position (refer to Paragraph [0036]), the platform being movable in rotation (best shown in Figure 2; additionally refer to Paragraph [0032]) with respect to the base between a closed position (position depicted in Figure 1) capable of clamping the cup (refer to Paragraph [0035-0036]) and an open position (position depicted in Figure 2) allowing the cup to be removed (refer to Figure 2 wherein the platform is hinged open and the cup/godet, 4, is shown to be removed from the base, 7), this platform being connected to the base by a pivot connection (externally to the lugs, refer to Paragraph [0049]; “multiple hinging”, refer to Paragraph [0049]) and a system for positioning the cup in order to limit any relative movement of the cup with respect to the base in the closed position of the platform, the positioning system comprising a bearing surface of the platform capable of resting against an upper rim of the cup (the bottom surface of the platform presses against an upper rim of the cup as best described in Paragraph [0036]; additional means 10, are providing for positioning the cup, refer to Paragraph [0041]).
Moretti does not disclose that the system for positioning centers the cup within the base in the closed position of the platform, the positioning system comprising an inclined bearing surface of the platform capable of resting against the upper rim of the cup or that positioning means is configured to center the cup within the base, wherein said inclined bearing surface flares radially outwards towards a bottom of the refill, wherein said inclined bearing surface has clamping lugs projecting towards the base such that the clamping lugs are configured to bear against the upper rim of the cup, wherein said clamping lugs are regularly distributed around a circumference of the inclined bearing surface to center the cup within the base. Rather, Moretti’s bearing surface appears to only provide a substantially flat bearing surface as best shown in Moretti Figure 4.
Moretti additionally does not disclose a receptacle for dispensing a cosmetic product comprising a support and a cover which can be rotated between a position in which the receptacle is closed and a position in which the receptacle is open, connected to the support by a first pivot connection, wherein the cosmetic product refill is removably housed inside the support with means for snap-fitting the refill into the support. Moretti does however disclose that the cosmetic product refill can be modified to include additional storage in the form of a small seat (refer to Paragraph [0061]).
Lee discloses a similar refill (Figures 1-8) comprising a base (40) adapted to receive a cup (10) containing a cosmetic (refer to Figures 3-5, and 7-8 which depict a cosmetic product disposed within the cup; additionally refer to Page 4, third paragraph of the translation which states “the contents filled in the inner space of the contents plate 10”), a cover (30) and a platform (20), wherein a bottom surface of the platform comprises an inclined bearing surface that abuts an upper rim of the cup (refer to cropped and annotated Lee Figure 5, below; it is noted that the cup is not positively recited in claim 10 and is therefore being interpreted as an intended use/functional limitation; thus, if a cup were provided, Lee provides a means that is fully capable of bearing against an upper rim thereof), the bottom surface of the platform comprising an incline, this incline capable of serving to center the cup within the base, wherein said inclined bearing surface flares radially outwards towards a bottom of the refill (referring to the figure below, the radial outwards direction is the leftward direction; the incline is pointed downwardly and would therefore point towards a bottom of the refill).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Moretti’s refill such that the system for positioning centers the cup within the base in the closed position of the platform, the positioning system comprising an inclined bearing surface of the platform capable of resting against the upper rim of the cup and that the positioning means is configured to center the cup within the base, wherein said inclined bearing surface flares radially outwards towards a bottom of the refill, as taught by Lee, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a cosmetic container capable of securely storing a refill of cosmetic material.
The combination of Moretti and Lee does not disclose wherein said inclined bearing surface has clamping lugs projecting towards the base such that the clamping lugs are configured to bear against the upper rim of the cup, wherein said clamping lugs are regularly distributed around a circumference of the inclined bearing surface to center the cup within the base. The combination additionally does not disclose a receptacle for dispensing a cosmetic product comprising a support and a cover which can be rotated between a position in which the receptacle is closed and a position in which the receptacle is open, connected to the support by a first pivot connection, wherein the cosmetic product refill is removably housed inside the support with means for snap-fitting the refill into the support.
Gatesoupe discloses a similar receptacle (10, Figures 1-8) for a cosmetic product (“to contain at least one cosmetic article”, refer to Paragraph [0064]), comprising a cup (16) containing the product, a cover (32) and an intermediate platform (36), that bears against an upper rim of the cup (best shown in Figure 2), wherein the intermediate platform comprises an inclined surface (refer to Figure 2) with clamping lugs (62, 82) projecting toward the base (refer to Figure 2) that are configured to bear against (refer to Paragraph [0110]; additionally refer to Figure 2) an upper rim of the cup (refer to Figure 2), the rims being regularly distributed (refer to Figure 5) around a circumference of the inclined bearing surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bearing surface of the combination of Moretti and Lee to comprise clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup and are regularly distributed around a circumference of the inclined bearing surface, as taught by Gatesoupe, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of engaging a platform with a cosmetic cup.
Modifying the inclined bearing surface of the combination of Moretti and Lee to have clamping lugs projecting toward the base such that the clamping lugs are configured to bear against the upper rim of the cup and are regularly distributed around a circumference of the inclined bearing surface provides a configuration similar to that shown in the appended figure below, wherein the clamping lugs are configured to center the cup within the base, since these lugs are disposed on an outer circumference of the cup.
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The combination of Moretti, Lee, and Gatesoupe does not disclose a receptacle for dispensing a cosmetic product comprising a support and a cover which can be rotated between a position in which the receptacle is closed and a position in which the receptacle is open, connected to the support by a first pivot connection, and therefore does not disclose wherein the cosmetic product refill is removably housed inside the support via means for snap-fitting the refill into the support. The combination does however disclose that the cosmetic product refill can be modified to include additional storage in the form of a small seat (refer to Moretti Paragraph [0061]).
Yuhara discloses a receptacle (16 and 12, Figures 1-68) for removably housing cosmetic product refills (20). Yuhara’s receptacle comprises a support (12) and a cover (126) which can be rotated (14) between a position in which the receptacle is closed (position shown in Figure 4) and a position in which the receptacle is open (position shown in Figure 2), connected to the support by a first pivot connection (14). Yuhara’s receptacle further provides means for removably housing cosmetic product refills therein via a snap-fit connection (18f, 28j). It would have been obvious to one of ordinary skill in the art to modify the cosmetic product refill of the combination of Moretti, Lee, and Gatesoupe to be removably housed inside a support of a receptacle via snap-fitting, as taught by Yuhara, since such a modification provides a large storage space coupled to the refill for housing applicators.
Regarding claim 13, the combination of Moretti, Lee, Gatesoupe and Yuhara discloses the receptacle according to claim 10, as applied above. Moretti further discloses wherein all parts making-up the receptacle are designed in the same plastic material (refer to Moretti Paragraph [0079]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Moretti, Lee, Gatesoupe and Yuhara as applied to claim 10 above, and further in view of Joonyoung (KR200462508Y1).
Regarding claim 12, the combination of Moretti, Lee, Gatesoupe and Yuhara discloses the receptacle according to claim 10, as applied above. The combination does not disclose the receptacle further comprising has a rear part provided with means for wedging the cover in predefined inclination positions after opening.
Joonyoung discloses a receptacle (10, Figures 1-7) comprising a cover (12) and a support (11), the receptacle comprising a rear part (referring to Figure 3, the rear part is the right half of the receptacle) provided with means for wedging the cover in predefined inclination positions after opening (22, 23 as best shown in Figure 7; additionally refer to Page 4, fourth from last paragraph of the translation) in order to improve usability of the receptacle by permitting a user to rest the cover in an open position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the receptacle of the combination of Moretti, Lee, Gatesoupe and Yuhara such that the receptacle comprises a rear part provided with means for wedging the cover in predefined inclination positions after opening, as taught by Joonyoung, since such a modification provides the advantage of preventing the cover from closing inadvertently during use.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Moretti, Lee, Gatesoupe and Yuhara as applied to claim 10 above, and further in view of Montoli (US5638839).
Regarding claim 14, the combination of Moretti, Lee, Gatesoupe and Yuhara discloses the receptacle according to claim 10, as applied above. The combination does not disclose the receptacle comprising means for assisting extraction of the refill by rotation of the cover through a predefined angle.
Montoli discloses a similar receptacle (Figures 1-6) comprising a support (16), a refill (12 and 14), and a cover (10), wherein the cover comprises means for assisting extraction of the refill, i.e. a contact between the cover and the refill (refer to Figures 3-4 wherein the cover comprises tip, 78, which acts as a cam to assist in the extraction of the refill by wedging up a portion of the refill) when the cover is rotated through a predefined angle (“the lid 10 opened beyond its usual limit of travel”, refer to Column 4, lines 44-46).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the receptacle of the combination of Moretti, Lee, Gatesoupe and Yuhara to comprises means for assisting extraction of the refill by rotation of the cover through a predefined angle, as taught by Montoli, since such a modification provides the advantage of providing an easier means for wedging a portion of the refill from the support.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-5, 7-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/SARAH WOODHOUSE/Examiner, Art Unit 3772