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 .
Response to Amendment
• The amendments filed on November 14, 2025, have been entered.
• The previously raised claim objections have been withdrawn in light of the amendment submitted by the Applicant on November 14, 2025.
Drawings
The drawings are objected to under 37 CFR 1.84 (h) because Fig 3 and Fig 8B fail to show the plane upon which a sectional view is taken which should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view and should have arrows to indicate the direction of sight. MPEP § 608.02(d).
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 should read “A deck for holding a cosmetic product in a container, the deck comprising: a rigid outer rim comprising one or more securing points for securing the rigid outer rim to a cosmetic container; and a flexible inner portion connected to the rigid outer rim, the flexible inner portion comprising a well for suspending a cosmetic product, wherein the cosmetic container comprises at least one side wall and a bottom forming an inner surface, wherein the flexible inner portion is isolated from the inner surface by a gap.”. Correction is required to overcome these issues.
Claim 4 should read “wherein the cosmetic product is held in [[a]] the cosmetic container which is removably suspended within the well
PNG
media_image1.png
5
2
media_image1.png
Greyscale
” Correction is required to overcome this issue.
Claim 10 should read “wherein the one or more securing points for securing the rigid outer rim to the cosmetic container comprise one or more clips for removably clipping the rigid outer rim to the cosmetic container.”. Correction is required to overcome these issues.
Claim 11 should read “wherein the one or more securing points for securing the rigid outer rim to the cosmetic container comprise one or more bayonet type connectors for removably connecting the rigid outer rim to the cosmetic container wherein the rigid outer rim is rotatable with respect to the cosmetic container and wherein the rigid outer rim is engaged and disengaged from the cosmetic container by rotating the rigid outer rim.”. Correction is required to overcome these issues.
Claim 13 should read “wherein the rigid outer rim comprises an extension that extends inward of the at least one sidewall, wherein an inner edge of the extension is positioned inward of the at least one sidewall, wherein the flexible inner portion connects with the inner edge, wherein the inner edge holds the flexible portion to span the gap between the at least one side wall of the cosmetic container and the well.”. Correction is required to overcome these issues.
Claim 14 should read “A cosmetic compact comprising: a base unit comprising a bottom wall and [[a]] at least one side wall; and a deck for holding a cosmetic product, the deck comprising, a rigid outer rim comprising one or more securing points for securing the rigid outer rim to the base unit, and a flexible inner portion connected to the rigid outer rim, the flexible inner portion comprising a well for suspending the cosmetic product, wherein the at least one side wall and the bottom wall of the base unit form an inner surface wherein the flexible inner portion is isolated from the inner surface by a gap, and wherein the flexible inner portion and the rigid outer rim to span the gap between the at least one side wall of the base unit and the well.”. Correction is required to overcome these issues.
Claim 20 should read “wherein the one or more securing points comprise one or more bayonet connectors, wherein the outer rim is rotatable with respect to the compact, and wherein the cosmetic product in the compact is replaceable by rotating the rigid outer rim to engage and disengage the one or more bayonet connectors.”. Correction is required to overcome this issue.
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.
Claims 1-2, 8-9, 13-15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Takayuki Goto (JP5774511B2, hereinafter “Takayuki”).
Regarding claim 1. Takayuki discloses a deck (annotated Fig 1, A. combination of middle frame 17 and shock absorbing member M) for holding a cosmetic product (¶0018 and Fig 1) in a container (Fig 1), the deck comprising: an outer rim (Fig 1, middle frame 17) comprising one or more securing points (Fig 1, hook/ notch 17f and 17a shown in annotated Fig 1, B) for securing the outer rim to a container (Fig 1, container 10 includes body 12 and lid 13. Hook/ notch 17f is securing middle frame 17 to lid 13; ¶0028, 17a is securing middle frame 17 to body 12); and a flexible inner portion (Fig 1, 14 and buffer portion 15. ¶0022, buffer portion 15 is made of flexible soft material) connected to the outer rim (annotated Fig 1, C), the flexible inner portion comprising a well (Fig 1, inside storage portion 14) for suspending a cosmetic product (Fig 1, member 11 with cosmetic S is received inside storage portion 14), wherein the container comprises at least one side wall (annotated Fig 1, side wall 12a) and a bottom (annotated Fig 1, 12b) forming an inner surface (annotated Fig 1, A’), wherein the flexible inner portion is isolated from the inner surface by a gap (annotated Fig 1, the flexible inner portion/ 14 and buffer portion 15 is isolated from the inner portion by gap B’).
PNG
media_image2.png
684
1278
media_image2.png
Greyscale
PNG
media_image3.png
609
1274
media_image3.png
Greyscale
Takayuki is silent to the outer rim being rigid.
It would have been obvious to one having ordinary skill in the art before the effective filing date to specify the material of the outer rim of the deck of Takayuki’s cosmetic device to be made of a rigid material such as polypropylene similar to the tray storage material (¶0007). Thus, would help the cosmetic device withstands rough handling, heavy impact during transportation, and environmental impact during shipping and storage.
Claim 2. Takayuki teaches the invention of claim 1. Takayuki further teaches the well (Fig 2, inside storage 14) comprises a wall (Fig 2, wall 14a) and a bottom (Fig 2, 14b).
Claim 8. Takayuki teaches the invention of claim 2. Takayuki further teaches the bottom of the well (14b) comprises at least one hole (Fig 2, hole A2).
Claim 9. Takayuki teaches the invention of claim 8, but silent to the bottom of the well comprises a plurality of holes forming a pattern structure. It would have been obvious to one having ordinary skill in the art before the time the invention was made to make plurality holes forming a pattern structure, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In this instance case, one of ordinary skill in the art would be motivated to make plurality of holes forming a pattern structure to allow the user to efficiently remove the tray by pushing the bar through various holes located at the bottom wall of the tray (¶0040).
Claim13. Takayuki teaches the invention of claim 1. Takayuki further teaches the outer rim (Fig 1, middle frame 17) comprises an extension (annotated Fig 1, K) that extends inward of the at least one sidewall (Fig 1, 12 a), wherein an inner edge of the extension (annotated Fig 1, L) is positioned inward of the sidewall (annotated Fig 1), wherein the flexible inner portion (Fig 1, 14 and buffer portion 15) connects with the inner edge (Fig 1), wherein the inner edge holds the flexible portion to span the gap (annotated Fig 1, gap B’) between the at least one side wall (annotated Fig 1, side wall 12 a) of the container and the well (inside storage portion 14) (Fig 1).
PNG
media_image4.png
598
1249
media_image4.png
Greyscale
Claim 14. Takayuki discloses a cosmetic compact (¶0001 and Fig 1. container 10) comprising: a base unit (Fig 1, 12) comprising a bottom (Fig 1, 12b) and a side wall (Fig 1, 12a); and a deck (annotated Fig 1, E. combination of middle frame 17 and shock absorbing member M) for holding a cosmetic product (¶0018 and Fig 1) comprising, an outer rim (Fig 1, middle frame 17) comprising one or more securing points (Fig 1, hook/ notch 17f and 17a) for securing the outer rim to the base unit (Fig 1 and ¶0028, 17a is securing middle frame 17 to body 12), and a flexible inner portion (Fig 1, 14 and buffer portion 15. ¶0022, buffer portion 15 is made of flexible soft material) connected to the outer rim (Fig 1 and ¶0028), the flexible inner portion comprising a well (Fig 1, inside storage portion 14) for suspending the cosmetic product (Fig 1, member 11 with cosmetic S is received inside storage portion 14); wherein the at least one side wall ( annotated Fig 1, 12a) and the bottom wall (annotated Fig 1, 12b) of the base unit form an inner surface (annotated Fig 1, A’), wherein the flexible inner portion is isolated from the inner surface by a gap (annotated Fig 1, gap B’); wherein the flexible inner portion and the outer rim combine to span the gap between the at least one side wall of the base unit and the well (annotated Fig 1, F).
Takayuki is silent to the outer rim being rigid.
PNG
media_image5.png
634
1186
media_image5.png
Greyscale
PNG
media_image6.png
637
1331
media_image6.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date to specify the material of the outer rim of the deck of Takayuki’s cosmetic device to be made of a rigid material such as polypropylene similar to the tray storage material (¶0007). Thus, would help the cosmetic device withstands rough handling, heavy impact during transportation, and environmental impact during shipping and storage.
Regarding claim 15. Takayuki teaches the invention of claim 14. Takayuki further teaches a lid (Fig 1, lid 13) movable between first and second positions (¶0020, lid is movable between first opening position and second closing position).
Regarding claim 17. Takayuki teaches the invention of claim 14, but silent to the rigid outer rim is removably secured to the base unit. It would have been obvious to one having ordinary skill in the art before the time the invention was made to have the rigid outer rim removably secured to the base unit, since it had been held that constructing a formerly integral structure in various elements involves only routine skill. In this instance, separating parts that were once integral involves only routine skill in the art. Thus, would allow the user to remove the outer rim of the inner portion from the base unit of the cosmetic compact for cleaning purposes, and to remove unwanted foreign materials from inside the cosmetic compact to meet the user’s needs.
Regarding claim 18. Takayuki teaches the invention of claim 14. Takayuki further teaches the cosmetic product is held in a cosmetic container which is removably suspended within the well (Fig 1 and ¶0040, cosmetic S is held inside member 11 which is removably suspended within the well/ inside storage portion 14).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Takayuki Goto (JP5774511B2, hereinafter “Takayuki”) in view of Okada Chikanori (JP5424651B2, hereinafter “Okada”).
Claim 3. Takayuki teaches the invention of claim 2, but silent to the wall comprises a plurality of spaced vertical ribs.
Okada teaches similar cosmetic container (Fig 1-3, 1) including well (Fig 3, 7 and Fig 1b. The well 7 receives cosmetic product dish 3) having a wall (Fig 3, 7b) and a bottom (Fig 3, 7a), the wall comprises a plurality of spaced vertical ribs (Fig 3, spaced vertical ridges 7e or 7b and 7c) so that even when the container body receives an impact from the vertical or horizontal direction or the corner direction of the main body, the impact load is caused by crushing and deforming the outer cavity S2 of each ridge 7e, It can be absorbed and relaxed quickly and reliably. Therefore, the cosmetic container in the present embodiment is less likely to transmit impact from all directions to the inner tray 3 and has an excellent buffering effect (Page 7, paragraphs 3-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the wall of the well of Takayuki’s cosmetic device and incorporate spaced vertical ribs, as taught by Okada, to allow the cosmetic container to less likely to transmit impact from all directions to the inner tray and provide an excellent buffering effect.
Claim 4. Takayuki teaches the invention of claim 3. Takayuki further teaches the cosmetic product (Fig 1, cosmetic S) is held in a cosmetic container which is removably suspended within the well (Fig 1 and ¶0040, cosmetic S is held inside member 11 which is removably suspended within the well/ inside storage portion 14).
Claim 5. Takayuki teaches the invention of claim 4, but silent to the cosmetic container makes contact only with the plurality of spaced vertical ribs and the bottom of the well of the flexible inner portion.
Okada teaches similar cosmetic container (Fig 1-3, 1) including well (Fig 3, 7 and Fig 1b. The well 7 receives cosmetic product dish 3) having a wall (Fig 3, 7b) and a bottom (Fig 3, 7a), the wall comprises a plurality of spaced vertical ribs (Fig 3, spaced vertical ridges 7b and 7c),
the cosmetic container makes contact only with the plurality of spaced vertical ribs and the bottom of the well of the flexible inner portion (Fig 1b, spaced vertical ribs 7b and 7c contacts the container 1 at 6b, and bottom of well 7 contact container at 7a) so that even when the container body receives an impact from the vertical or horizontal direction or the corner direction of the main body, the impact load is caused by crushing and deforming the outer cavity S2 of each ridge 7e, It can be absorbed and relaxed quickly and reliably. Therefore, the cosmetic container in the present embodiment is less likely to transmit impact from all directions to the inner tray 3 and has an excellent buffering effect (Page 7, paragraphs 3-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify contact between the well and the cosmetic container of Takayuki’s cosmetic device such that the cosmetic container makes contact only with the spaced vertical ribs and the bottom of the well of the flexible inner portion, as taught by Okada, to allow the cosmetic container to less likely to transmit impact from all directions to the inner tray and provide an excellent buffering effect. Thus, would efficiently increase the cosmetic container absorption of impact/ shock from the side walls and the bottom of the well to the inside of the well which would protect the user’s cosmetic material.
Claims 10-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Takayuki Goto (JP5774511B2, hereinafter “Takayuki”) in view of W.G. Kendal (US1642611A, hereinafter “Kendal”).
Claim 10. Takayuki teaches the invention of claim 1, but silent to the one or more securing points for securing the outer rim to the container comprise one or more clips for removably clipping the outer rim to the container.
Kendal teaches a compact holder (Fig 1-8 and Page 1, Col 2 lines 96-97) including a removable deck (Fig 2-3, removable compact 10), one or more securing points (annotated Fig 2, clip 11) for securing the outer rim (annotated Fig 2, A) to the container (Fig 2, 14 part of the container) comprise one or more clips (Fig 10, clip 11) for removably clipping the outer rim to the container (Fig 3 and Page 1, Col 62-69) so that the ejector is arranged with one leg beneath the holder and the other above or adjacent the holder and in a position to be swung for causing a loosening or ejecting of the compact holder (Page 1, Col 1 lines 10-14).
PNG
media_image7.png
228
666
media_image7.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the attachment between the outer rim of the deck and the container of Takayuki’s device and incorporate a clip, as taught by Kendal, to allow removal and replacement of the inner components of the cosmetic container to efficiently clean the inner parts after use and exchange a defective component with a new one in order to meet the user’s needs and preference.
Claim 11. Takayuki teaches the invention of claim 1, but silent to the one or more securing points for securing the outer rim to the container comprise one or more bayonet type connectors for removably connecting the outer rim to the container, wherein the outer rim is rotatable with respect to the container and wherein the rigid outer rim is engaged and disengaged from the container by rotating the outer rim.
Kendal teaches a compact holder (Fig 1-8 and Page 1, Col 2 lines 96-97) including a removable deck (Fig 2-3, compact 10), one or more securing points (annotated Fig 2 above, clip 11) for securing the outer rim (annotated Fig 2 above, A) to the container (Fig 2, 14 part of the container) comprise one or more clips (Fig 10, clip 11) for removably clipping the outer rim to the container (Fig 3 and Page 1, Col 62-69), wherein the outer rim (annotated Fig 2 above , A) is rotatable with respect to the container (Fig 3) and wherein the outer rim is engaged and disengaged from the container by rotating the outer rim (Fig 3 and Col 1 line 12-14) to provide so that the ejector is arranged with one leg beneath the holder and the other above or adjacent the holder and in a position to be swung for causing a loosening or ejecting of the compact holder (Page 1, Col 1 lines 10-14).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the attachment between the outer rim of the deck and the container of Takayuki’s device and incorporate a clip, as taught by Kendal, to allow removal and replacement of the inner components of the cosmetic container to efficiently clean the inner parts after use and exchange a defective component with a new one in order to meet the user’s needs and preference.
Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date to substitute the clip of the combination of Takayuki and Kendal with a bayonet type connector. Thus, would provide the user with an alternative connector mechanism to meet different user’s preference and to allow removal and replacement of the inner components of the cosmetic container to efficiently clean the inner parts after use and exchange a defective component.
Claim 19. Takayuki discloses a deck (annotated Fig 1 below, A. combination of middle frame 17 and shock absorbing member M) for holding a cosmetic product in a compact (¶0018 and Fig 1), the deck comprising: an outer rim (Fig 1, middle frame 17) comprising one or more securing points (Fig 1, hook/ notch 17f and 17a shown in annotated Fig 1 below, B) for securing the outer rim to the compact (Fig 1, compact 10 includes body 12 and lid 13. Hook/ notch 17f is securing middle frame 17 to lid 13; ¶0028, 17a is securing middle frame 17 to body 12); and a flexible inner portion (Fig 1, 14 and buffer portion 15. ¶0022, buffer portion 15 is made of flexible soft material) extending from the outer rim (Fig 1. 15 extending downward from middle frame 17), the flexible inner portion comprising a well (Fig 1, inside storage portion 14) for removably suspending the cosmetic product (Fig 1 and ¶0040, cosmetic S is held inside member 11 which is removably suspended within the well/ inside storage portion 14); wherein the compact comprises at least one side wall (annotated Fig 1, side wall 12a) and a bottom wall (annotated Fig 1, 12b) forming an inner surface (annotated Fig 1, A’), wherein the flexible inner portion is isolated from the inner surface by a gap (annotated Fig 1, the flexible inner portion/ 14 and buffer portion 15 is isolated from the inner portion by gap B’).
PNG
media_image8.png
664
1241
media_image8.png
Greyscale
PNG
media_image9.png
596
1245
media_image9.png
Greyscale
Takayuki is silent to a rigid outer rim comprising one or more securing points for removably securing the rigid outer rim to the compact; and a replaceable deck.
It would have been obvious to one having ordinary skill in the art before the effective filing date to specify the material of the outer rim of the deck of Takayuki’s cosmetic device to be made of a rigid material such as polypropylene similar to the tray storage material (¶0007). Thus, would help the cosmetic device withstands rough handling, heavy impact during transportation, and environmental impact during shipping and storage.
Kendal teaches a compact holder (Fig 1-8 and Page 1, Col 2 lines 96-97) including a removable deck (Fig 2-3, compact 10) with outer rim (annotated Fig 2, A) comprising one or more securing points (annotated Fig 2, clip 11) for removably securing the outer rim to the compact (Fig 2, 14) (Fig 3 and Page 1, Col 62-69) so that the ejector is arranged with one leg beneath the holder and the other above or adjacent the holder and in a position to be swung for causing a loosening or ejecting of the compact holder (Page 1, Col 1 lines 10-14).
PNG
media_image7.png
228
666
media_image7.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the attachment between the outer rim of the deck and the compact of Takayuki’s device and incorporate a clip, as taught by Kendal, to allow removal and replacement of the inner components of the cosmetic container including the deck, making the deck replaceable, to efficiently clean the inner parts after use and exchange a defective component with a new in order to meet the user’s needs and preference.
Claim 20. Takayuki and Kendal teach the invention of claim 19. Kendal further teaches the securing points comprise one or more connectors (Fig 3, connector 11) , wherein the outer rim (annotated Fig 2 above , A) is rotatable with respect to the compact (Fig 3), and wherein the cosmetic product in the compact is replaceable by rotating the rigid outer rim to engage and disengage the one or more connectors (Fig 3 and Col 1 line 12-14; and ¶0040 of Takayuki ); but silent to bayonet connectors.
It would have been obvious to one having ordinary skill in the art before the effective filing date to substitute the clip of the combination of Takayuki and Kendal with a bayonet type connector. Thus, would provide the user with an alternative connector mechanism to meet different user’s preference and to allow removal and replacement of the inner components of the cosmetic container to efficiently clean the inner parts after use and exchange a defective component.
Response to Arguments
Applicant's arguments filed in November 14, 2025, have been fully considered but they are not persuasive.
The Applicant alleges that: Takayuki fails to show or suggest that element 14 forms a flexible inner portion that is isolated from inner walls of the container by a gap.
In response: The Examiner disagree with the Applicant’s assertion. Takayuki teaches a flexible inner portion (Fig 1, 14 and buffer portion 15. ¶0022, buffer portion 15 is made of flexible soft material), wherein the container comprises at least one side wall (annotated Fig 1, side wall 12a) and a bottom (annotated Fig 1, 12b) forming an inner surface (annotated Fig 1, A’), wherein the flexible inner portion is isolated from the inner surface by a gap (annotated Fig 1, gap B’).
PNG
media_image10.png
684
1430
media_image10.png
Greyscale
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIM ASQIRIBA whose telephone number is (571)270-3416. The examiner can normally be reached on M-F 8-5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KARIM ASQIRIBA/Examiner, Art Unit 3772
/RACHEL R STEITZ/Primary Examiner, Art Unit 3772