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 of Species I in the reply filed on 10/24/24 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2,10-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/24/24.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
[AltContent: textbox (Second through hole)][AltContent: textbox (Through hole at bottom of trough)]Claims 1,3,5,6,9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goncalves 5018894.
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With regard to claim 1, Goncalves discloses a cosmetics container, comprising a container body 2, a rotatable cap 8, a dispenser 6, and a cover 36; the container body 2 is configured to accommodate cosmetics; one end of the container body is formed as a connecting portion 17; an end surface of the connecting portion is provided with a first through hole 22 configured to dispense the cosmetics; the rotatable cap 8 is fitted on the connecting portion 17 by rotary connection to define a sealed cavity between the rotatable cap 8 and the connecting portion 17 and in communication with both the rotatable cap and the connecting portion; the rotatable cap 8 is provided with a second through hole 27a in communication with the cavity; the dispenser 6 is mounted on the rotatable cap 8; the first through hole 22, the cavity, and the second through hole 27a define a cosmetics dispensing channel from the container body 2 to the dispenser 6; the cover 36 covers said end of the container body 2, and also houses the rotatable cap 8 and the dispenser 6; wherein a projection 7 which is integrally formed with the connecting portion 17 is provided inside the cavity; the projection opens or closes the cosmetics dispensing channel subject to rotation of the rotatable cap 8.
With regard to claim 3, note that the projection 7 is provided at a center of the end surface of the connecting portion 17 (see above figs. 1 and 2); correspondingly, the second through hole 27a is configured at a center of the rotatable cap 8; also, the rotatable cap 8 and the connecting portion 17 are connected by threaded connection (see col. 5, lines 62-68 and col. 6, lines 1-6) ; the projection 7 opens or closes the second through hole 27a depending on the rotation of the rotatable cap 8 with respect to the connecting portion 17.
With regard to claim 5, note that the end surface of the connecting portion 17 is recessed to form a trough 23; the projection 7 is positioned at a center of the trough 23; the first through hole 22 is provided at a bottom surface of the trough 23 (see above annotated figures); an end surface of the rotatable cap 8 facing towards the connecting portion 17 is provided with an annular flange 28; the flange 28 is slidable in an axial direction thereof on a wall of the trough when the rotatable cap 8 is rotated with respect to the connecting portion 17, and the flange 28 maintains a sealing effect against the wall of the trough 23 during sliding.
With regard to claim 9, note that an end of the rotatable cap 8 facing towards the cover 36 is provided with a mounting cavity 35; the dispenser 6 is mounted in the mounting cavity.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Goncalves 5018894 in view of Pederson 1042032.
With regard to claim 4, Goncalves does not disclose wherein one end of the second through hole facing towards the projection is shaped as a tapered hole; the tapered hole has an increasing diameter along a direction towards the projection; an end surface of the projection is provided with a platform corresponding to the tapered hole; when the cosmetics container is in a closed condition, the platform is fitted into the tapered hole.
Pederson discloses a cosmetics container (see annotated fig. 3 below) wherein a tapered through hole 4 has an increasing diameter towards a projection 10 (see top portion of hole 4) and an end surface of the projection that has a platform corresponding to the tapered hole, to close the container.
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It would have been obvious to one skilled in the art to utilize the tapered through hole/projection with platform as the closing mechanism of the cosmetics container of Goncalves, as taught by Pederson, if one wished for an axial closing of the dispenser of Goncalves.
Allowable Subject Matter
Claims 6,7,8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Johanas can be reached on 571-270-5085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772