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 Arguments
Applicant’s arguments and remarks, see (Pgs. 2 – 4), filed on (8 – 14 – 2025), with respect to the amended feature(s) of claim(s) 1 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Baracat-Nasr et al. (US 20160030301 A1) in view of (Ogasawara US 4403932 A)
Claim Objections
Claim(s) 19 & 21 – 22 are objected to because of the following informalities:
Currently, claim 22 reads “…thereby inserting the bottom plate in a centring seat provided at the lower end of the cylindrical extractor…” it should read “thereby inserting the bottom plate in a centering seat provided at the lower end of the cylindrical extractor
Appropriate correction is required.
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 (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 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.
A.) Claim(s) 19 – 20 & 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baracat-Nasr et al. (US 20160030301 A1, hereinafter Baracat-Nasr) in view of (Ogasawara US 4403932 A, hereinafter Ogasawara)Regarding claim 19,
A method for the production of a pasty or semisolid cosmetic product with a relief surface finishing, comprising:
heating a viscous composition adapted to make the cosmetic product with a relief surface finishing to a melting temperature to form a liquid state composition and
pouring the liquid state composition in a containment bottom plate;
cooling the liquid state composition poured in the containment bottom plate until it reaches a pasty or semisolid condition, followed by obtaining a cosmetic product in the form of an initial pod with a free upper surface;
pressing only the free upper surface of the initial pod with a punch having a relief design and forming a finished pod with a relief surface finishing.
Baracat-Nasr teaches the following:
(Abstract) teaches the invention relates to a method of manufacturing a cosmetic article having a decorative embossed and/or debossed surface, based on at least one cosmetic product hot-poured into a container. ([0028]) teaches that the receptacle is preheated and at least the portion of the closure member having the embossed and/or debossed surface is preheated. This prevents the cosmetic product hot-poured into the receptacle from undergoing too much thermal shock when it comes in contact with the receptacle or the closure member. As such, the hot pour material is understood to be pre-heated due to imparting thermal shock a non-heated surface.
([0077]) teaching that the cosmetic product may be poured inside the cavity C which forces the air initially present in the cavity out the vent holes 13. As such, pouring the liquid state composition in a containment mold is understood to be disclosed.
([0078]) teaches that a step of cooling and at least partial solidification of the poured cosmetic product. This step may be done by placing the assembly formed by the receptacle 1 in the supporting frame 3 and the closure member 2 in room air or possibly by using a cooling plate or a device which blows cold air. As such, pouring the liquid state composition in a containment mold followed by cooling is understood to transpire.
([0023]) teaches that as best show in (Fig. 2), the closure member 2 is used comprises a closure frame 23 having a recess 24, and an insert 20 having the embossed and/or debossed surface and received in said recess. As such, the closure member 2 with insert 20 having the embossed and/or debossed surface acts as punch having a relief design. Highlighting, as the cosmetic product is poured into the mold cavity, it is understood to be simultaneously pressed / forced against and between the inserts 20 having a relief design and bottom portion 11 for forming a finished pod with a relief surface finishing.
Regarding Claim 1, Baracat-Nasr is silent on pressing the free upper surface of the initial pod with a punch having a relief design and forming a finished pod with a relief surface finish. In analogous art for producing a cosmetic product via molding a cosmetic material, (Abstract), Ogasawara suggests details regarding pressing the free upper surface of the initial pod with a punch having a relief design and forming a finished pod with a relief surface finishing, and in this regard, Ogasawara teaches the following:
(Col. 3, lines 14 – 17) teaches that preferably, the lower surface of the absorbent block 11 has an embossed pattern section 16. (Col. 3, lines 26 – 40) teaches that then, by the action of the air cylinder 15, the holder plate 13 as well as the absorbent block 11 connected thereto is moved down until the absorbent block 11 is pressed upon the supporting block 6 with the sheet net 17 interposed therebetween as shown in (Fig. 2). Thus, the hollow spaces 3--3 in the receptacle 1 are completely covered with the sheet net 17 and the absorbent block 11. Thus, block 11 and receptacle 1 form a mold structure having therein mold cavities partially defines by block 11 and partially defined by receptacle 1. (Col. 4, lines 26 – 30) teaches that the cosmetic material 9 filled in the recessed sections 3'3 of the receptacle 1 is shown in (Fig. 3), in which the net pattern 17a thereon is provided to indicate the unused state of the cosmetic material and an embossed pattern thereon is provided for decorative purpose.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr. By modifying the cosmetic molding process to including a pressing step to induce an embossed pattern thereon to the cosmetic matching the reliefs that are disposed on the die surface, as taught by Ogasawara. Highlighting, one would be motivated to include a pressing step to induce the reliefs that are disposed on the die surface as it provides for implementing embossments for decorative purpose (Col. 4, lines 26 – 30). Highlighting, that the use of known technique to improve similar devices (methods, or products) in the same way and/or the simple substitution of one known element for another to obtain predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
Regarding claim 20 as applied to claim 19,
Wherein in the pressing an elastic canvas is interposed between a free upper surface of the initial pod and the punch, arranged to come into contact, during the pressing, with the initial pod and with the punch, and absorbing any oily substances deriving from the pressing of the initial pod.
Regarding Claim 20, Baracat-Nasr is silent on the pressing having an elastic canvas is interposed between a free upper surface of the initial pod and the punch. In analogous art as applied above, Ogasawara suggests details regarding the pressing having an elastic canvas is interposed between a free upper surface of the initial pod and the punch, and in this regard, Ogasawara teaches the following:
(Col. 3, lines 26 – 40) teaches that then, by the action of the air cylinder 15, the holder plate 13 as well as the absorbent block 11 connected thereto is moved down until the absorbent block 11 is pressed upon the supporting block 6 with the sheet net 17 interposed therebetween as shown in (Fig. 2). Thus, the hollow spaces 3--3 in the receptacle 1 are completely covered with the sheet net 17 and the absorbent block 11. Thus, block 11 and receptacle 1 form a mold structure having therein mold cavities partially defines by block 11 and partially defined by receptacle 1. (Col. 3, lines 17 – 20) teaches that the sheet net 17 is stretched between a pair of rollers 18 and a winder 19. As such, the sheet net 17 is understood to an elastic canvas is interposed between a free upper surface of the initial pod and the punch. (Col. 4, lines 26 – 30) teaches that the cosmetic material 9 filled in the recessed sections 3'3 of the receptacle 1 is shown in (Fig. 3), in which the net pattern 17 a thereon is provided to indicate the unused state of the cosmetic material and an embossed pattern thereon is provided for decorative purpose.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr. By modifying the cosmetic molding process to including a pressing step that includes a sheet net, as taught by Ogasawara. Highlighting, one would be motivated to include a pressing step that includes a sheet net as it provides for implementing an indication of the unused state of the cosmetic material, (Col. 4, lines 26 – 30). Highlighting, that the use of known technique to improve similar devices (methods, or products) in the same way and/or the simple substitution of one known element for another to obtain predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
Regarding claim 38,
A method for the production of a pasty or semisolid cosmetic product with a relief surface finishing, comprising:
heating a viscous composition adapted to make the cosmetic product with a relief surface finishing to a melting temperature to form a liquid state composition and
pouring the liquid state composition in a containment bottom plate:
cooling the liquid state composition poured in the containment bottom plate until it reaches a pasty or semisolid condition, followed by obtaining a cosmetic product in the form of an initial pod with a free upper surface;
pressing on the free upper surface of the initial pod with a punch having a relief design and forming a finished pod with a relief surface finishing,
wherein in the pressing an elastic canvas is interposed between a free upper surface of the initial pod and the punch, arranged to come into contact during the pressing with the initial pod and with the punch and absorbing any oily substances deriving from the pressing of the initial pod.
Baracat-Nasr teaches the following:
(Abstract) teaches the invention relates to a method of manufacturing a cosmetic article having a decorative embossed and/or debossed surface, based on at least one cosmetic product hot-poured into a container. ([0028]) teaches that the receptacle is preheated and at least the portion of the closure member having the embossed and/or debossed surface is preheated. This prevents the cosmetic product hot-poured into the receptacle from undergoing too much thermal shock when it comes in contact with the receptacle or the closure member. As such, the hot pour material is understood to be pre-heated due to imparting thermal shock a non-heated surface.
([0077]) teaching that the cosmetic product may be poured inside the cavity C which forces the air initially present in the cavity out the vent holes 13. As such, pouring the liquid state composition in a containment mold is understood to be disclosed.
([0078]) teaches that a step of cooling and at least partial solidification of the poured cosmetic product. This step may be done by placing the assembly formed by the receptacle 1 in the supporting frame 3 and the closure member 2 in room air or possibly by using a cooling plate or a device which blows cold air. As such, pouring the liquid state composition in a containment mold followed by cooling is understood to transpire.
([0023]) teaches that as best show in (Fig. 2), the closure member 2 is used comprises a closure frame 23 having a recess 24, and an insert 20 having the embossed and/or debossed surface and received in said recess. As such, the closure member 2 with insert 20 having the embossed and/or debossed surface acts as punch having a relief design. Highlighting, as the cosmetic product is poured into the mold cavity, it is understood to be simultaneously pressed / forced against and between the inserts 20 having a relief design and bottom portion 11 for forming a finished pod with a relief surface finishing.
Regarding Claim 38, Baracat-Nasr is silent on pressing the free upper surface of the initial pod with a punch having a relief design and forming a finished pod with a relief surface finish. In analogous art for producing a cosmetic product via molding a cosmetic material, (Abstract), Ogasawara suggests details regarding pressing the free upper surface of the initial pod with a punch having a relief design and forming a finished pod with a relief surface finishing, and in this regard, Ogasawara teaches the following:
(Col. 3, lines 14 – 17) teaches that preferably, the lower surface of the absorbent block 11 has an embossed pattern section 16. (Col. 3, lines 26 – 40) teaches that then, by the action of the air cylinder 15, the holder plate 13 as well as the absorbent block 11 connected thereto is moved down until the absorbent block 11 is pressed upon the supporting block 6 with the sheet net 17 interposed therebetween as shown in (Fig. 2). Thus, the hollow spaces 3--3 in the receptacle 1 are completely covered with the sheet net 17 and the absorbent block 11. Thus, block 11 and receptacle 1 form a mold structure having therein mold cavities partially defines by block 11 and partially defined by receptacle 1. (Col. 4, lines 26 – 30) teaches that the cosmetic material 9 filled in the recessed sections 3'3 of the receptacle 1 is shown in (Fig. 3), in which the net pattern 17a thereon is provided to indicate the unused state of the cosmetic material and an embossed pattern thereon is provided for decorative purpose.
(Col. 3, lines 26 – 40) teaches that then, by the action of the air cylinder 15, the holder plate 13 as well as the absorbent block 11 connected thereto is moved down until the absorbent block 11 is pressed upon the supporting block 6 with the sheet net 17 interposed therebetween as shown in (Fig. 2). Thus, the hollow spaces 3--3 in the receptacle 1 are completely covered with the sheet net 17 and the absorbent block 11. Thus, block 11 and receptacle 1 form a mold structure having therein mold cavities partially defines by block 11 and partially defined by receptacle 1. (Col. 3, lines 17 – 20) teaches that the sheet net 17 is stretched between a pair of rollers 18 and a winder 19. As such, the sheet net 17 is understood to an elastic canvas is interposed between a free upper surface of the initial pod and the punch. (Col. 4, lines 26 – 30) teaches that the cosmetic material 9 filled in the recessed sections 3'3 of the receptacle 1 is shown in (Fig. 3), in which the net pattern 17 a thereon is provided to indicate the unused state of the cosmetic material and an embossed pattern thereon is provided for decorative purpose.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr. By modifying the cosmetic molding process to including a pressing step that includes a sheet net, as taught by Ogasawara. Highlighting,
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr. By modifying the cosmetic molding process to including a pressing step to induce an embossed pattern thereon to the cosmetic matching the reliefs that are disposed on the die surface, and the pressing step to comprise an elastic canvas that is interposed between a free upper surface of the initial pod and the punch, as taught by Ogasawara. Highlighting, one would be motivated to include a pressing step to induce the reliefs that are disposed on the die surface as it provides for implementing embossments for decorative purpose (Col. 4, lines 26 – 30) and one would be motivated to include a pressing step that includes a sheet net as it provides for implementing an indication of the unused state of the cosmetic material, (Col. 4, lines 26 – 30). Highlighting, that the use of known technique to improve similar devices (methods, or products) in the same way and/or the simple substitution of one known element for another to obtain predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
B.) Claim(s) 21 & 23 – 24, is/are rejected under 35 U.S.C. 103 as being unpatentable over Baracat-Nasr et al in view of Ogasawara in view of Yasuo Arai (US 4660608 A, hereinafter Arai) and in view of Olsen et al. (US 5318660 A, hereinafter Olsen) in view of Piguet et al. (US 20040206254 A1, hereinafter Piguet) and in further view of Winfield Anderson (US 3478680 A, hereinafter Anderson)
Regarding claim 21 as applied to claim 20,
Wherein the pressing comprises:
feeding the bottom plate comprising the initial pod to an operating position of a forming station comprising
a forming assembly equipped with the punch, vertically movable in the operating position, and
with a cylindrical extractor, coaxially surrounding the punch and vertically movable with respect to it,
placing the bottom plate on a supporting disc provided with a retainer adapted to keep the bottom plate in place, the supporting disc being placed, vertically movable, below said forming assembly and
said elastic canvas being positioned horizontally between the free upper surface of the initial pod present on the supporting disc and the forming assembly;
raising, starting from an initial lowered position, the supporting disc with the bottom plate containing the initial pod up to contact between the free upper surface of the initial pod and the elastic canvas and
lowering, starting from an initial raised position, the forming assembly down to contact of a lower edge of the cylindrical extractor with the elastic canvas;
pushing further upwards the supporting disc with the bottom plate, together with the cylindrical extractor, with respect to the punch, thereby pressing the initial pod against the punch with the elastic canvas interposed therebetween, impressing the relief surface finishing on the upper surface of the initial pod;
lowering the cylindrical extractor with respect to the punch, pushing downwards the supporting disc, which retains by said retainer the bottom plate containing the finished pod, thereby detaching the finished pod itself from the punch and the elastic canvas;
bringing back the supporting disc with the bottom plate containing the finished pod in the initial lowered position and bringing back the forming assembly in the initial raised position;
moving away the bottom plate containing the finished pod from the operating position.
Regarding Claim 21, Baracat-Nasr as modified by Ogasawara is silent on a cylindrical extractor, coaxially surrounding the punch and vertically movable with respect to it. In analogous art for loading and solidifying of a cosmetic material is achieved by dripping a viscous cosmetic material into a container having a filter bottom, (Abstract), Arai suggests details regarding a cylindrical extractor, coaxially surrounding the punch and vertically movable with respect to it, and in this regard, Arai teaches the following: :
(Col. 4, lines 1 – 19) teaches that the presser 40 comprises an inner pressing block 41 which fits into the container 20 on the supporting block 30 in order to press the cosmetic material 21 in the container, an outer pressing block 42 which surrounds the inner pressing block and rests against an upper rim of the container 20 in order to prevent the cosmetic material 21 from overflowing, and air cylinders 43 and 44 which respectively move the inner and outer pressing blocks up and down. Accordingly, by the action of piston rod 44a, the inner pressing block 41 can be moved up and down in relation to the outer pressing block 42. As such, the pressing block 42 is found to act as applicant’s cylindrical extractor, coaxially surrounding the punch and vertically movable with respect to it.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara. By further modifying the punch to comprise a cylindrical extractor that coaxially surrounds that punch, as taught by Arai. Highlighting, one would be motivated to implement a cylindrical extractor that coaxially surrounds the punch as it provides for an outer pressing block 42 which surrounds the inner pressing block and rests against an upper rim of the container 20 in order to prevent the cosmetic material 21 from overflowing, (Col. 4, lines 1 – 19). Highlighting, that the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
Regarding Claim 21, Baracat-Nasr as modified by Ogasawara and Arai is silent on details regarding the pressing apparatus structure and the movement of the cylindrical extractor. In analogous art for altering an article using a reciprocating press, (Abstract), Olsen suggests details regarding the pressing apparatus structure and the movement of the cylindrical extractor, and in this regard, Olsen teaches the following:
(Col. 4, lines 55-58) teaches that the part or substrate 123 to be decorated is mounted on a fixture 124. (Col. 7, lines 26-29) teaches that the part 123 again may be positioned on the table 125 either manually or automatically by an automatic parts feeder as is well known in the art. As illustrated in (Fig. 1), the fixture 124 is in turn mounted on an adjustable table 125. As such, the part on the fixture is found to be feed / within the molding apparatus.
(Col. 4, lines 35-37) teaches that an air cylinder 121, a heated platen or head 122, which is attached to a piston 120. As such, an assembly equipped with a punch that is vertically movable is provided.
(Col. 4, lines 57-58) teaches that the adjustable table 125 is mounted via an adjustable screw 127 to a stand 126. Where the adjustable screw is understood to provide a cylindrical extractor that is vertically movable in the operating position.
(Col. 4, lines 55-57) teaches that the part is mounted on a fixture 124. the fixture 124 is in turn mounted on an adjustable table 125. As such, the fixture provides for a supporting disc.
As illustrated in (Fig. 1) the carrier web 115 is provided between the upper surface of the part present on the fixture 124.
(Col. 7, lines 20-24) teaches that once the part 123 has been pressed at the second station 2 with the image 133, the part is removed from the adjustable table 125 either manually or automatically in the conventional manner. As detailed, the part is found to remain on the fixture 124 containing the finished part, thereby detaching the finished part itself from the die and the foil.
(Col. 7, lines 20-24) teaches that once the part 123 has been pressed at the second station 2 with the image 133, the part is removed from the adjustable table 125 either manually or automatically in the conventional manner. As such, the fixture and finished part str moved from the pressing 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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara and Arai. By further modifying the pressing apparatus to including the structure as described above and as taught by Olsen. Highlighting, one would be motivated to implement a pressing apparatus to including the structure as described above as it provides for implementing and image / decorating the part is, (Col. 7, lines 20-24).Regarding Claim 21, Baracat-Nasr as modified by Ogasawara, Arai and Olsen is silent on details regarding the cylindrical extractor and its movement. In analogous art for altering an article using reciprocating dies (Abstract), Piguet suggests details regarding the cylindrical extractor and its movement, and in this regard, Piguet teaches the following:
([0026]) teaches that the lower platen 3 is raised, the platen press 1 stops, while each counter printing plate 16 comes to encase into the related printing plate 17. The part 12 and the portion of the metallized foil 4 are sandwiched between these two devices and thus is strongly compressed one against the other.
& j.) ([0026]) teaches that stamped part 12 is then withdrawn out of the press by means of the gripper bar 13 and a new cycle can begin. As such, when begin a new cycle, the lower platen 3 is understood to be lowered to the initial lowered position such that the lower platen 3 may be risen again.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara, Arai and Olsen. By further modifying the pressing apparatus to include a lower platen that is raised and lowered, as taught by Piguet. Highlighting, one would be motivated to implement a pressing apparatus that comprises a lower platen that is raised and lowered as it provides for compression pressure, to which is added heat released by the heated printing plate, which enables die cutting of the imprint of the printing plate 17 into the foil 4 and to stick the imprint onto the part 12, ([0026]). Regarding Claim 21, Baracat-Nasr as modified by Ogasawara, Arai, Olsen and Piguet is silent on details regarding the cylindrical extractor being coaxial with the punch and the cylindrical extractor starting from an initial raised position, the forming assembly down to contact of a lower edge of the cylindrical extractor with the canvas. In analogous art for altering an article using reciprocating dies (Abstract), Anderson suggests details regarding the cylindrical extractor being coaxial with the punch and the cylindrical extractor starting from an initial raised position the forming assembly down to contact of a lower edge of the cylindrical extractor with the canvas, and in this regard, Anderson teaches the following:
(Col. 3, lines 3-11) teaches that a die 52 is mounted within box member 50 and is supported in thermally insulated and spaced relationship to the walls of box member 50 by means of a plurality of spacing elements 54 of thermal insulating material. The outwardly facing surface of die 52 is formed with raised portions such as 54 which correspond in shape to the design of the decoration to be applied to the surface of the article. As such, the box member 50 acts as applicant’s cylindrical extractor, where the box member 50 is found to be coaxially aligned with the a die 52. Noting, (Col. 2, lines 70-End & Col. 3, lines 1-2) teaches that platen plate 48 which is fixedly coupled to piston rod 32. On the side of platen plate 48 facing the article, is a hollow box-like structure 50 is mounted to define a chamber open at its side remote from platen plate 48.
(Col. 3, lines 16-19) teaches that a peripheral seal 58 of rubber or other suitable material extends around the periphery of the open side of box member 50 and projects outwardly beyond the edge of the box as best seen in (Fig. 3). As illustrated in (Figs. 3 – 5), the die 52 mounted within box member 50 is shown to be lowered such that the lowering of the die, starting from an initial raised position, to bring the forming assembly down and contacts a lower edge of the box member 50 / a peripheral seal 58 with the foil, which in turn is pressed against the side of article by both the die 52 and the box member 50 / a peripheral seal 58. Highlighting, while the peripheral seal 58 is understood to be a material extends around the periphery of the open side of box member 50. However, if any perceived discrepancies exist regarding the box member 50 comprising the peripheral seal 58. The case law for the unitary construction may be recited. Where, the use of a one-piece construction instead of the structure disclosed in the prior art would be obvious. It has been held to be within the general skill of one working in the art to make plural parts unitary or integral.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara, Arai Olsen and Piguet. By further modifying the pressing apparatus to a box member, as taught by Anderson. Highlighting, one would be motivated to implement a pressing apparatus that a box member as it provides a cavity for the die with protrusion such that a vacuum can be formed between the article being pressed and the canvas, allowing for forming a pressure differential that the article toward die 52 so that the side of the article firmly presses foil against the raised portions 54 of the heated die, (Col. 3, lines 67-73). Highlighting, that the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.Regarding claim 23 as applied to claim 21,
Wherein, after detaching the finished pod and the punch, the elastic canvas previously interposed therebetween is translated in order to dispose a new portion of blank canvas below the punch.
Regarding Claim 23, Baracat-Nasr is silent on the elastic canvas previously interposed therebetween being translated in order to dispose a new portion of blank canvas below the punch. In analogous art as applied above, Ogasawara suggests details regarding the elastic canvas previously interposed therebetween being translated in order to dispose a new portion of blank canvas below the punch, and in this regard, Ogasawara teaches the following:
(Col. 3, lines 17 – 20) teaches that as shown in (Figs. 1 – 2), a sheet net 17, which is stretched between a pair of rollers 18 and a winder 19 and arranged to be transferred intermittently. (Col. 4, lines 20 – 25) teaches that thereafter, the sheet net 17 is wound by the winder for a predetermined length so as to position an unused part of the sheet net 17 between the absorbent block.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr. By modifying the punch to comprise a cylindrical extractor that coaxially surrounds that punch, as taught by Ogasawara. Highlighting, one would be motivated to implement a cylindrical extractor that coaxially surrounds that punch as it provides for moving the punch up and down, (Figs. 3 – 4 & [0020]). Highlighting, that the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
Regarding claim 24 as applied to claim 23,
Wherein the translation of the elastic canvas is made by unwinding a ribbon of elastic canvas from a roller for supplying blank canvas and simultaneously winding the ribbon on a roller for storing exhausted canvas.
Regarding Claim 24, Baracat-Nasr is silent on the translation of the elastic canvas from one roller to another roller. In analogous art as applied above, Ogasawara suggests details regarding the translation of the elastic canvas from one roller to another roller, and in this regard, Ogasawara teaches the following:
(Col. 3, lines 17 – 20) teaches that as shown in (Figs. 1 – 2), a sheet net 17, which is stretched between a pair of rollers 18 and a winder 19 and arranged to be transferred intermittently. (Col. 4, lines 20 – 25) teaches that thereafter, the sheet net 17 is wound by the winder for a predetermined length so as to position an unused part of the sheet net 17 between the absorbent block.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara. By further modifying the pressing apparatus to comprise of a pair of rollers as a mean for supply the carrier web, as taught by Olsen. Highlighting, one would be motivated to include a pair of rollers as a mean for supply the carrier web as it provides for supplying a continuous carrier web with various images for transfer to a part, (Col. 3, lines 36-51).
Regarding claim 24 as applied to claim 23,
Wherein the translation of the elastic canvas is made by unwinding a ribbon of elastic canvas from a roller for supplying blank canvas and simultaneously winding the ribbon on a roller for storing exhausted canvas.
Regarding Claim 24, Baracat-Nasr as modified by Ogasawara and Arai is silent on the translation of the elastic canvas from one roller to another roller. In analogous art as applied above, Olsen suggests details regarding the translation of the elastic canvas from one roller to another roller, and in this regard, Olsen teaches the following:
(Col. 3, lines 36 – 51) teaches that as shown in (Fig. 1), the first station 1 comprises a transfer film unwind 101 for initially holding a release or transfer coated carrier 104….After being acted upon at the first station 1, the transfer film 104 continues on to the second station 2 as a continuous carrier web 115. (Col. 4, lines 53-55) teaches that the transfer carrier rewind device 129 serves as a collecting device for the spent carrier web 134. As such, the carrier web is understood to be transferred from one transfer film unwind 101 roller to another transfer carrier rewind device 129 roller.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara and Arai. By further modifying the pressing apparatus to comprise of a pair of rollers as a mean for supply the carrier web, as taught by Olsen. Highlighting, one would be motivated to include a pair of rollers as a mean for supply the carrier web as it provides for supplying a continuous carrier web with various images for transfer to a part, (Col. 3, lines 36 – 51).
C.) Claim(s) 22, is/are rejected under 35 U.S.C. 103 as being unpatentable over Baracat-Nasr in view of Ogasawara in view of Arai in view of Olsen in view of Piguet in view of Anderson and in further view of Detrez Rene (US 2656964 A, hereinafter Rene)Regarding claim 22 as applied to claim 21,
Wherein when the bottom plate containing the initial pod and the lower edge of the cylindrical extractor are in contact with the elastic canvas, before pressing the initial pod against the punch,
the supporting disc with the bottom plate is further raised with respect to the forming assembly, thereby inserting the bottom plate in a centring seat provided at the lower end of the cylindrical extractor, with the canvas interposed between the punch and the initial pod.
Regarding Claim 22, Baracat-Nasr as modified by Ogasawara is silent on a cylindrical extractor, coaxially surrounding the punch and vertically movable with respect to it. In analogous art as applied above, Arai suggests details regarding a cylindrical extractor, coaxially surrounding the punch and vertically movable with respect to it, and in this regard, Arai teaches the following:
(Col. 4, lines 1 – 19) teaches that the presser 40 comprises an inner pressing block 41 which fits into the container 20 on the supporting block 30 in order to press the cosmetic material 21 in the container, an outer pressing block 42 which surrounds the inner pressing block and rests against an upper rim of the container 20 in order to prevent the cosmetic material 21 from overflowing, and air cylinders 43 and 44 which respectively move the inner and outer pressing blocks up and down. Accordingly, by the action of piston rod 44a, the inner pressing block 41 can be moved up and down in relation to the outer pressing block 42. As such, the pressing block 42 and its lower edge may be lowered prior to pressing the initial pod against the punch. As such, the case law for sequential vs. simultaneous may be recited regarding the bottom plate containing the cosmetic material and the lower edge of the pressing block being in contact with the elastic canvas, prior to pressing the initial pod against the punch. Where, in general, the transposition of process steps or the splitting of one step into two, where the processes are substantially identical or equivalent in terms of function, manner and result, was held to be not patentably distinguish the processes. Ex parte Rubin, 128 USPQ 440 (Bd. Pat. App. 1959).
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara. By further modifying the punch to comprise a cylindrical extractor that coaxially surrounds that punch, as taught by Arai. Highlighting, one would be motivated to implement a cylindrical extractor that coaxially surrounds the punch as it provides for an outer pressing block 42 which surrounds the inner pressing block and rests against an upper rim of the container 20 in order to prevent the cosmetic material 21 from overflowing, (Col. 4, lines 1 – 19). Highlighting, that the use of known technique to improve similar devices (methods, or products) in the same way and/or the application of a known technique to a known device (method, or product) ready for improvement to yield predictable results provides for the recitation of KSR case law. Where, "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007), MPEP 2143.
Regarding Claim 22, Baracat-Nasr as modified by Ogasawara, Arai, Olsen, Piguet and Anderson is silent on details regarding the position of cylindrical extractor and its movement. In analogous art for altering an article using a reciprocating press, (Col. 2, lines 45 – 46), Rene suggests details regarding the cylindrical extractor and its movement, and in this regard, Rene teaches the following:
(Col. 3, lines 37 – 45) teaches that that the rotary platform 1 has an intermittent rotary movement. At, each period of rest of this platform, one of the sliding supports 6 is presented successively opposite the working stations 2, 3 4 and 5. Highlighting, as illustrated in (Fig. 6) the rotary platform 1 is understood to be provided with grooves with seats 30 in which the bottle / parts are feed, with the supports 6 being provided underneath the seats 30 within the groove. The supports 6 allowing for the seats 30 to be raised with respect to the forming assembly, thereby inserting the bottle / parts are feed into and through the groove provided at the end of the cylindrical extractor.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara, Arai, Olsen, Piguet and Anderson. By further modifying the pressing apparatus to include a lower platen that is raised and lowered, as taught by Rene. Highlighting, one would be motivated to implement supports allowing for the seats to be raised with respect to the forming assembly, thereby inserting parts to be feed into and through the groove provided at the end of the cylindrical extractor, (Col. 3, lines 37 – 45).
D.) Claim(s) 25, is/are rejected under 35 U.S.C. 103 as being unpatentable over Baracat-Nasr in view of Ogasawara and in view of Arai and in view of Olsen in view of Piguet in view of Anderson and in further view of Sasaki et al. (US 4992129 A, hereinafter Sasaki)Regarding claim 25 as applied to claim 21,
Wherein the feeding of the bottom plate containing the initial pod to the operating position of the forming station and the moving away of the bottom plate containing the finished pod from said operating position are accomplished by dragging of the bottom plate by a rotating carrousel provided with seats for housing a plurality of the plural bottom plates, along a circular path passing through said operating position.
Regarding Claim 25, Baracat-Nasr as modified by Ogasawara, Arai, Olsen, Piguet and Anderson is silent on moving the part to the operating position by dragging of the bottom plate by a rotating carrousel provided with seats. In analogous art for pressing a component with a heated surface accomplished by moving the heated surface to the component to be pressed, (Col. 2, lines 49 – 50), Sasaki suggests details regarding moving the part to the operating position by dragging of the bottom plate by a rotating carrousel provided with seats, and in this regard, Sasaki teaches the following:
(Col. 8, lines 40 – 46) teaches that a multiplicity of parts 8 are continuously fed through the feed path 9, and loosely nipped by the mandrels / molds 11, and advanced by the rotation of the rotary plate 10 to a point directly below the hot roll 7. Then, the hot roll 7 is lowered and pressed into contact with the laminate tube 10 and caused to impart rotation to the laminate tube and effect transfer printing thereon. As such, the rotary plate 10 is understood to provide for a moving the part to the operating position by dragging of the bottom plate by a rotating carrousel provided with seats. Where the mandrel acts as applicant’s seat for seats for housing plurality of bottom plates and parts.
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 production method and apparatus for manufacturing a cosmetic product hot pouring cosmetic material into a mold followed by cooling and removing the article from the mold of Baracat-Nasr as modified by Ogasawara, Arai, Olsen, Piguet and Anderson. By further modifying the pressing apparatus to comprise of a pair of rollers as a mean for supply the carrier web, as taught by Olsen. Highlighting, one would be motivated to include a pair of rollers as a mean for supply the carrier web as it provides for supplying a continuous carrier web with various images for transfer to a part, (Col. 3, lines 36 – 51).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ogasawara et al. (US 4374796 A) – teaches in the (Abstract) Cosmetic material prepared by mixing powder cosmetic material with a binder and solvent is injected under a predetermined pressure into a hollow closed space partially defined by a porous absorbing material, whereby the solvent in the cosmetic material is absorbed into the absorbing material and the powder cosmetic material is solidified in the hollow closed space.
Hatakeyama et al. (US 4884601 A) – teaches in the (Abstract) Loading and solidifying of a cosmetic material is achieved by supplying a viscous cosmetic material into a container having a slidable bottom plate, closing an upper open end of the container by a presser, compressing the cosmetic material by pressing the bottom plate of the container upwardly, and squeezing solvent from the cosmetic material through a porous absorbent element secured in either the presser or a supporting block.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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.
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/Andrés E. Behrens Jr./Examiner, Art Unit 1741
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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