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 without traverse of Species A (Figures 1-14) in the reply filed on 03/04/2026 is acknowledged. Claims 1-17 are deemed readable on the elected Species.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention.
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.
Claim(s) 3 and 12 is/are 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 “a wing part protruding from the container body”; however, a review of the Specification and the Drawings appears to indicate that the wing part protrudes from the refill container (see Figure and [0053]-[0057]). The specification discloses the wing part formed on the refill container body making it unclear if it is a container body or the refill container the part that is being referenced or if the term “protruding from” is being used to indicate contact between the wing part and the container body instead of integral extension from the claimed container body. Therefore, the claim is indefinite. For the purpose of examination, this limitation is interpreted as the wing part protruding from the refill container.
Claim 12 recites “wherein a first angle formed by the rotation protrusion and the fixing groove is greater than a second angle formed by the elastic part and a first guide groove”; it is unclear how these angles are measured. Therefore, the scope of the claims is unclear.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeo (KR 20200093217 A, see the translation attached and the PTO 892 form) .
Regarding claim 1,Yeo discloses a refillable cosmetic container ([0001] and Figure 1) comprising: a refill container (300) configured to store a content ([0002]); and a container body (100) selectively coupled with the refill container ([0040]), wherein the refill container (300), a fixing groove (310) is formed (the Examiner notes that said fixing groove 310 may be composed of one or more, composed of multiple pieces, each groove (310) may be spaced apart from each other [0042]), and wherein in the container body (100), an elastic part (120) is formed, which is provided to be elastically deformable by an external force applied by the refill container (since this structure is formed of resin [0043] and has all the necessary structures to be configured/provided to be elastically deformable by an external force applied by the refill container; see this force fitting mechanism in Figure 3 and [0034]), and which is configured to be fixed in the fixing groove via the relative rotation between the refill container and the container body ([0040]).
Claim(s) 1, 4 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gach (US 3770153 A).
Regarding claim 1, Gach discloses refillable cosmetic container comprising (container 10 has all the necessary structures to be configured to be refillable, Figure 18): a refill container (10) configured to store a content; and a container body (11) selectively coupled with the refill container (col 1, lines 30-55), wherein in the refill container (10), a fixing groove (17d) is formed, and wherein in the container body (11), an elastic part (21d) is formed (note that it could be made of an elastic material, e.g. plastic; col 3, line 14), which is provided to be elastically deformable by an external force applied by the refill container, and which is configured to be fixed in the fixing groove via the relative rotation between the refill container and the container body (col 1, lines 30-55).
Regarding claim 4, Gach discloses wherein in the refill container (10), a wing part (16d) is formed, which is configured to be seated on the container body (Figure 18), wherein the wing part is formed along the circumference of the refill container (10), and is provided with a non-continuous portion, and wherein the fixing groove (17d) is formed by the non-continuous portion of the wing part (Figure 18).
[AltContent: textbox (Figure 1. Annotated Figure 18. )]
PNG
media_image1.png
788
1225
media_image1.png
Greyscale
Regarding claim 13, Gach discloses wherein the wing part includes: a lower side surface forming the lower side of the wing part; an upper side surface forming the upper side of the wing part; a first support surface extending downward from the upper side surface; and a first inclined surface extending slantingly from the first support surface to the lower side surface (Annotated Figure 18, below).
Claim(s) 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song KR 102164827 B1, see translation attached to this Office Action and the PTO 892 form.
Regarding claim 14, Song discloses a refillable cosmetic container (Figure 2) comprising: a refill container (20) configured to store a content; and a container body (10) selectively coupled with the refill container (page 2), wherein on the outer side of the refill container, at least one rotation protrusion (240) is formed, and wherein in the inner side of the container body, a guide groove (S3) is formed, to which the rotation protrusion is movably coupled (Figure 6 and page 7).
Regarding claim 15, Song discloses wherein the guide groove (S3) includes: a first guide groove (portion 160 of groove S3) extending in a vertical direction; and a second guide groove (portion of S3 near 170 and to the left of 150) connected to the first guide groove and extending in a circumferential direction (Figure 5), and wherein on one side of the upper or lower portion of the second guide groove (portion of S3 near 170 and to the left of 150), an elastic protrusion (150, which is elastic as it’s deformed to permit 230 to move from one side of 158 to the other side of 158; see Figures 6a-6c) is provided, which is elastically deformable by the rotation protrusion and prevents the rotation of the rotation protrusion (page 5).
Regarding claim 16, Song discloses wherein on the upper or lower side of the elastic protrusion a deformation groove (recessed portion of S3 located below 150) is formed, which allows the elastic deformation of the elastic protrusion (150; see page 5).
Regarding claim 17, Song discloses wherein on the upper or lower side of the elastic protrusion (150), a deformation surface (158) is formed, which forms one side of the deformation groove (recessed portion of S3 located below 150), and wherein the deformation surface is provided to be elastically deformable by receiving a force from the elastic protrusion (since Figure 6 and page 7). The Examiner notes that since the elastic protrusion is forcefully fitted through the deformation groove (page 7), said deformation surface is provided to be elastically deformable.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or
nonobviousness.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song, in view of Yeo.
Regarding claim 1, Song discloses a refillable cosmetic container comprising: a refill container (20) configured to store a content; and a container body (10) selectively coupled with the refill container.
Song discloses a mechanism for securing the refill container to the container body, wherein on the outer side of the refill container (20), at least one rotation protrusion (240) is formed, and wherein in the inner side of the container body (10), a guide groove (S3) is formed, which is configured to guide the movement of the rotation protrusion (240) (see page 4 last paragraph to page 5 first paragraph). Additionally, Song discloses protrusion 210 may serve as a guide when the refill container 20 is coupled to the container body 10. In addition, since the body protrusion 210 is provided, an area in which the refill container body 20 and the refill container circumference 22 contact may be reinforced (page 8, paragraph 10).
However, Song fails to disclose an additional locking/reinforcing mechanism. Therefore, it does not disclose “wherein in the refill container, a fixing groove is formed”, “wherein in the container body, an elastic part is formed, which is provided to be elastically deformable by an external force applied by the refill container, and which is configured to be fixed in the fixing groove via the relative rotation between the refill container and the container body”.
Yeo discloses a refillable cosmetic container ([0001] and Figure 1) comprising: a refill container (300) configured to store a content ([0002]); and a container body (100) selectively coupled with the refill container ([0040]), wherein in the refill container (300), a fixing groove (310) is formed. The Examiner notes that said fixing groove 310 may be composed of one or more, composed of multiple pieces, each groove (310) may be spaced apart from each other [0042]. Therefore, the surface of the container where the spaces are formed, are wing part protruding from the container body.
Wherein in the container body (100), an elastic part (120) is formed, which is provided to be elastically deformable by an external force applied by the refill container (since this structure is formed of resin [0043] and has all the necessary structures to be configured/provided to be elastically deformable by an external force applied by the refill container; see this force fitting mechanism in Figure 3 and [0034]), and which is configured to be fixed in the fixing groove via the relative rotation between the refill container and the container body ([0040]).
Therefore, it would have been obvious to one of ordinary skills in the art, before the effective filing date of the application, to modify Song’s locking mechanism to add an the securing mechanism taught by Yeo, since such modification would reinforce the contact between the refill container and the container body.
The Examiner notes that the combined teachings of Song and Yeo creates a device that is configured to be fixed in the fixing groove via the relative rotation between the refill container and the container body, since Song’s requires a guide groove (S3), which is configured to guide the movement of the rotation protrusion (240); therefore, the elastic part, as taught by Yeo, would rotate as well until it falls into place in the fixing groove, also taught by Yeo (note that these grooves are multiple and spaced apart from each other; Yeo: [0042]).
Regarding claim 2, Song and Yeo, as combined above, disclose the invention substantially as claimed. Song discloses wherein on the outer side of the refill container (20), at least one rotation protrusion (240) is formed, and wherein in the inner side of the container body (10), a guide groove (S3) is formed, which is configured to guide the movement of the rotation protrusion (240) (see page 4 last paragraph to page 5 first paragraph).
Regarding claim 3, Song and Yeo, as combined above, disclose the invention substantially as claimed. Wherein when the rotation protrusion (Song: 240) descends along a first guide groove (Song: 160) extending in a vertical direction, the elastic part (Yeo: 120) is elastically deformed outward in a radial direction by a wing part protruding from the container body (Yeo: 100). The Examiner notes that since Yeo’s fixing groove 310 may be composed of one or more, composed of multiple pieces, each groove (310) may be spaced apart from each other [0042], then the surface of the container where the spaces are formed, are wing part protruding from the container body.
Wherein when the rotation protrusion moves along a second guide groove (Song: portion of S3 near 170 and to the left of 150) extending in a circumferential direction, the elastic part (Yeo: 120) remains in the elastically deformed state by the wing part (Yeo: spaces between fixing grooves 310), and wherein when the rotation protrusion (Song: 240) reaches an end point located at the end of the second guide groove (Song: portion of S3 near 170 and to the left of 150), the elastic part (Yeo: 120) is released from the elastically deformed state, and is inserted into the fixing groove (Yeo: 310).
Regarding claim 4, Song and Yeo, as combined above, disclose the invention substantially as claimed. Yeo discloses wherein in the refill container (300), a wing part (formed by the spaces between fixing grooves 310) is formed, which is configured to be seated on the container body, wherein the wing part is formed along the circumference of the refill container (300) (Figure 3, [0042]), and is provided with a non-continuous portion ([0042]), and wherein the fixing groove is formed by the non-continuous portion of the wing part ([0042]).
Regarding claim 5, Song and Yeo, as combined above, disclose the invention substantially as claimed. Song discloses wherein the guide groove (S3) includes: a first guide groove (portion 160 of groove S3) extending in a vertical direction and provided with an inlet through which the rotation protrusion (240) is introduced (Figure 5); and a second guide groove (portion of S3 near 170 and to the left of 150) connected to the first guide groove and extending in a circumferential direction (Figure 5), and wherein in one side of the second guide groove (portion of S3 near 170 and to the left of 150), an elastic protrusion (150) is provided, which is configured to fix the rotation protrusion (240) (Figure 6 and page 5, paragraph 8).
Regarding claim 6, Song and Yeo, as combined above, disclose the invention substantially as claimed. Song discloses wherein in the inner side of the container body (10), a deformation groove (recessed portion of S3 located below 150) is formed, which is located at a predetermined distance from the second guide groove (portion of S3 near 170 and to the left of 150) and allows elastic deformation of the elastic protrusion (150) (Figure 6 and page 5, paragraph 8).
Regarding claim 7, Song and Yeo, as combined above, disclose the invention substantially as claimed. Wherein the refill container includes: a refill container body (Song: 20) forming a content storage space (Song: S2) configured to store the content (page 2, last paragraph); and a wing part (Yeo: spaces between fixing grooves 310) protruding outward along the circumference of the refill container body (Yeo: 300, Figure 3).
Regarding claim 8, Song and Yeo, as combined above, disclose the invention substantially as claimed. Wherein the container body (10) includes: a first inner surface configured to be in contact with the refill container body (20); and a second inner surface which has a diameter greater than that of the first inner surface and is configured to surround the wing part (as taught by Yeo). Note that the neck of the container is narrower than the interior space that receives the refill (page 4, paragraphs 2-3 and Figure 7).
Regarding claim 9, Song and Yeo, as combined above, discloses the invention substantially as claimed. Wherein the elastic part (120, Yeo) includes: a tension lever which extends from the first inner surface of the container body configure to be in contact with the refill container, and which is configured to be elastically deformed by in a radial direction, and a locking lever which extends from the tension lever and is configured to be caught in the fixing groove (Annotated Figure 3, below). The Examiner notes that per the rejection of claim 1, the entire securing mechanism of Yeo was incorporated into Song, therefore, Song and Yeo as combined provide the limitations of claim 9.
[AltContent: textbox (Figure 2. Annotated Figure 3.)]
PNG
media_image2.png
448
984
media_image2.png
Greyscale
Regarding claim 10, Song and Yeo, as combined above, discloses the invention substantially as claimed. Yeo discloses wherein the locking lever includes a third inner surface protruding inward further than a second inner surface configured to surround a wing part of the refill container (Annotated Figure 3, above). The Examiner notes that per the rejection of claim 1, the entire securing mechanism of Yeo was incorporated into Song, therefore, Song and Yeo as combined provide the limitations of claim 10.
Regarding claim 11, Song and Yeo, as combined above, disclose the invention substantially as claimed. Yeo discloses wherein in the container body, a cutout portion is formed along the periphery of the elastic part to allow elastic deformation of the elastic part (Annotated Figure 3, above). The Examiner notes that per the rejection of claim 1, the entire securing mechanism of Yeo was incorporated into Song, therefore, Song and Yeo as combined provide the limitations of claim 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Choe (KR 20210030051).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS MIGUEL RUIZ MARTIN whose telephone number is (571)270-0839. The examiner can normally be reached M-F 8 Am - 5 PM (EST).
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 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.
/LUIS RUIZ MARTIN/
Examiner, Art Unit 3772
/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
Prosecution Insights