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 with traverse of species in the reply filed on 6/27/2025 is acknowledged. The traversal is on the ground(s) that Fig. 1-16E and 18A-21B do not present 2 vertical slots where the cover slides and rotates in the same plane. This is not found persuasive because it is shown that the specie presented has 2 vertical slots and not horizontal slots as presented in species B. Further, species B presents it rotating the cover outwardly in one plane (Fig. 17B) and then sliding outwards in another plane as shown in Fig. 17D which differs from species A. Species A shows it both sliding and rotating in the same plane as shown in Fig. 6A and 6C.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites “the at least one slot and the locking hole are at different container surfaces of the plurality of container surfaces” in lines 1-2. However, claim 2- which it depends from- recites “the cover of the lever system comprises the locking hole and the container comprises the locking peg” in lines 1-2. It becomes unclear as to how the locking hole are at different container surfaces of the container when the locking hole is found to be on the cover. For examination purposes, it will be interpreted as claim 3 being dependent off of claim 1 where applicant is specifying that the container comprises the locking peg in which would be at different container surfaces of the plurality of container surfaces.
Claims 4-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for being dependent off of claim 3.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites “wherein the at least one slot and the locking hole are both in one of the front container surface or the back container surface” in lines 4-5. However, it is found that claim 4 is dependent on claim 3 where it states that the slot and locking hole would be found on different container surfaces. This contradicts to what applicant is further claiming making it unclear. For examination purposes, it will be interpreted as claim 4 being dependent off of claim 1.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3-12 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph.
Claims 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 3 recites “the at least one slot and the locking hole are at different container surfaces of the plurality of container surfaces” in lines 1-2. However, claim 2- which it depends from- recites “the cover of the lever system comprises the locking hole and the container comprises the locking peg” in lines 1-2. It is found the limitation contradicts claim 2 which it depends off of as claim 2 states the container comprises the locking peg whereas claim 3 comprises the locking hole. For examination purposes, it will be interpreted as claim 3 being dependent off of claim 1 where applicant is specifying that the container comprises the locking peg in which would be at different container surfaces of the plurality of container surfaces.
Claims 4-12 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph for being dependent off of claim 3.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 4 recites “wherein the at least one slot and the locking hole are both in one of the front container surface or the back container surface” in lines 4-5. However, it is found that claim 4 is dependent on claim 3 where it states that the slot and locking hole would be found on different container surfaces. This contradicts to what applicant is further claiming making it unclear. For examination purposes, it will be interpreted as claim 4 being dependent off of claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 15 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corbellini (US 20080142532 A1).
Re. Claim 1, Corbellini discloses an apparatus (Fig. 1-6B) having an apparatus closed position and an apparatus open position (Abstract; Fig. 4a-4b), the apparatus comprising:
a container (Fig. 1-2) comprising
a plurality of container surfaces (Annotated Figure A of Fig. 1/2),
a cavity within the plurality of container surfaces (Annotated Figure A of Fig. 1/2),
an orifice through which the cavity is accessible (Annotated Figure A of Fig. 1/2), and
at least one slot in at least one of the plurality of container surfaces (Annotated Figure A of Fig. 1/2);
a lever system (Fig. 3) comprising
a cover (44),
a surface extending from the cover (43), and
a hinge mechanism (45/47) on the surface (Fig. 3), wherein the cover is configured to cover the orifice in the apparatus closed position (Fig. 4a); and
a complementary hinge mechanism (35) coupled with the hinge mechanism of the lever system to form a hinge through the at least one slot of the container (Par. 28),
the hinge configured to permit the container and the lever system to rotate relative to each other between the apparatus closed position and the apparatus open position and configured to slide along the at least one slot in the apparatus open position (Fig. 4a-5b),
wherein the cover of the lever system comprises one of a locking peg or a locking hole, and the container further comprises the other of the locking peg or the locking hole (Par. 62 discloses the cover has a snap fitment 48 to hold the cover in place with the container’s snap fitment 23), and
wherein the locking hole receives the locking peg in the apparatus closed position to prevent the hinge from sliding along the at least one slot in the apparatus closed position (Par. 62).
PNG
media_image1.png
1182
982
media_image1.png
Greyscale
Annotated Figure A
Re. Claim 2, Corbellini discloses the apparatus of claim 1, wherein the cover of the lever system comprises the locking hole and the container comprises the locking peg (Fig. 1 and 3 shows that the locking peg is element 23 and found on the container shown in Fig. 1 whereas the locking hole is element 48 found on the cover shown in Fig. 3).
Re. Claim 15, Corbellini discloses the apparatus of claim 1, further comprising a support system (Annotated Figure B of Fig. 2) configured to nest within the container, the support system comprising the complementary hinge mechanism (Fig. 2 where the complementary hinge system is element 35), wherein the lever system and the support system are coupled together by the hinge through the at least one slot of the container (Par. 28).
PNG
media_image2.png
436
439
media_image2.png
Greyscale
Annotated Figure B
Re. Claim 19, Corbellini discloses an apparatus (Fig. 1-6B) having an apparatus closed position and an apparatus open position (Abstract; Fig. 4a-4b), the apparatus comprising:
a container (Fig. 1-2) comprising
a plurality of container surfaces (Annotated Figure A of Fig. 1),
a cavity within the plurality of container surfaces (Annotated Figure A of Fig. 1),
an orifice through which the cavity is accessible (Annotated Figure A of Fig. 1), and
at least one slot in at least one of the plurality of container surfaces (Annotated Figure A of Fig. 1),
wherein the plurality of container surfaces comprises a front container surface, a back container surface, a bottom container surface, and side container surfaces, wherein the at least one slot is in the front container surface or the back container surface (Annotated Figure D of Fig. 1);
a lever system (Fig. 3) comprising
a cover (44),
a surface extending from the cover (43), and
a hinge mechanism (45/47) on the surface (Fig. 3), wherein the cover is configured to cover the orifice in the apparatus closed position (Fig. 4a); and
a complementary hinge mechanism (35) coupled with the hinge mechanism of the lever system to form a hinge through the at least one slot of the container (Par. 28),
the hinge configured to permit the container and the lever system to rotate relative to each other between the apparatus closed position and the apparatus open position and configured to slide along the at least one slot in the apparatus open position (Fig. 4a-5b).
PNG
media_image3.png
1055
984
media_image3.png
Greyscale
Annotated Figure D
Re. Claim 20, Corbellini discloses the apparatus of claim 19, wherein the cover of the lever system comprises one of a locking peg or a locking hole, and the container further comprises the other of the locking peg or the locking hole (Par. 62 discloses the cover has a snap fitment 48 to hold the cover in place with the container’s snap fitment 23), and wherein the locking hole receives the locking peg in the apparatus closed position to prevent the hinge from sliding along the at least one slot in the apparatus closed position (Par. 62).
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) 3 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corbellini (US 20080142532 A1).
(As best understood) Re. Claim 3, Corbellini discloses the apparatus of claim 1, wherein Corbellini discloses the at least one slot and the locking peg are at different container surfaces of the plurality of container surfaces (Fig. 1).
The locking peg interacts with the locking hole of the cover to allow a secure closure of the apparatus when not in use. It would have been obvious to someone skilled in the art before the effective filing date to have reverse placement of the locking peg and locking hole of Corbellini as the functionality of securing the container closed remains the same. By reversing the parts, it would as such read upon the limitation that the at least one slot and the locking hole are at different container surfaces of the plurality of container surfaces.
Re. Claim 13, Corbellini discloses the apparatus of claim 1, but is silent to the cover of the lever system comprises the locking peg and the container comprises the locking hole. Corbellini does disclose that the cover of the lever system comprises a locking hole (48; Fig. 3 and Par. 62) that interacts with a locking peg of the container (23; Fig. 1 and Par. 62).
It would have been obvious to someone skilled in the art before the effective filing date to modify the apparatus of Corbellini to have the locking peg and the container comprises the locking hole as it is a reversal in parts where the functionality of keeping the cap close remain the same.
Re. Claim 14, Corbellini discloses the apparatus of claim 13, wherein the at least one slot and the locking hole are in different container surfaces of the plurality of container surfaces (Fig. 1 shows that element 23- which is where the locking hole would be- to be at a different container surface from the at least one slot).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corbellini (US 20080142532 A1) in view of Au (US 20090071867 A1).
Re. Claim 16, Corbellini discloses the apparatus of claim 15, wherein the support system is configured to receive at least one pan (32), the at least one pan configured to hold a product and being insertable and removable from the support system (Annotated Figure B of Fig. 2; Fig. 4 shows the product 100 being held into place; Par. 27). Alternatively, in a different embodiment, it is disclosed of a pan which holds cosmetic product (50; Par. 66 and Fig. 6a-6b). However, Corbellini is silent to the pan being insertable and removable from the support system.
Au discloses an apparatus (Fig. 1) in the same field of endeavor and further discloses a container (31/32) inserted into a lever system cover (20) where the container further comprises a support system (32) that has a complementary sliding mechanism to the cover (Fig. 1 where 332 is the complementary sliding mechanism to the sliding mechanism 13 of the lever system). The support system is configured to receive a pan (31) configured to hold product (Abstract) and being insertable and removable from the support system (Par. 38) to allow for the user to clean the apparatus (Par. 38).
It would have been obvious to someone skilled in the art before the effective filing date to substitute the apparatus of Corbellini to have the support system at least one pan configured and is configured to hold a product and being insertable and removable from the support system as taught by Au to allow the user to clean the apparatus when desired. This is because, Corbellini provides teaching of not only holding a singular stick product as well as the system receive pans to hold cosmetic product in different embodiments.
Re. Claim 17, Corbellini and Au discloses the apparatus of claim 16, wherein Corbellini further discloses in a different embodiment (Fig. 6a-6b) the plurality of container surfaces comprises a window (52) positioned to provide a view of the product in the apparatus closed position (Par. 67).
It would have been obvious to someone skilled in the art before the effective filing date to have the container surface of Corbellini and Au to have a window as taught by Corbellini to view the product when the apparatus is closed.
Allowable Subject Matter
Claim 18 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Corbellini is found to disclose everything except the front/back surface comprises at least one slot and the locking hole and peg are found to be on the front surface and back surface in combination with the rest of the claim limitation. Corbellini is found to teach the slots on the sides rather than on the front or back surfaces.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY T TO whose telephone number is (571)272-0719. The examiner can normally be reached Monday - Thursday 6:30 - 4:30.
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 at (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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HOLLY T. TO/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799