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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/12/2026 has been entered.
Non-final mailed
Non-Final Mailed 10/01/2026 is withdrawn as it did not include the annotated figure.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3,5-6,9-11,13-15,17 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brunerie (US 20050184093 A1).
Regarding claim 1, Brunerie teaches a cover for a packaging device for at least one cosmetic product, the cover being suitable for attachment on a packaging casing for a cosmetic product, the cover comprising (annotated fig.2 below shows the covering system capable of being applied to a packaging device for at least one cosmetic product and the cover capable for attachment on packaging casing for a cosmetic product):
- a hollow body extending primarily in a longitudinal direction comprising a first longitudinal end defining a first opening and intended to be oriented towards the casing of the packaging device, and a second longitudinal end defining an opening, opposite to the first longitudinal end, the hollow body comprising at least one first snap-fit relief (fig.2 below shows hollow body extending primarily in longitudinal direction with two ends with two openings where one open end at the bottom will be towards the device and the other opening at the top and the body comprising as the snap fit relief), and
- a decorative part, the decorative part comprising at least one face intended to be oriented in a direction opposite to the packaging casing and having a decoration, and at least one second snap-fit relief (fig.2 below shows decorative part comprising face capable of being oriented direction opposite to the packaging case with second snap-fit relief at that engage with first snap fit relief and show a decoration on it),
the decorative part being fixed to the hollow body so as to close off the second opening of the hollow body, by snap-fitting of the at least one first and at least one second snap-fit reliefs, the decorative part being detachable from the hollow body by disassembling the snap-fitting of the at least one first and at least one second snap-fit reliefs without damaging the hollow body nor the decorative part (fig.2 below and figs. 1-5 shows the that body that are being fixed together to close off the second opening of the body with the decorative part and the two reliefs that engage together and it is detachable from the hollow body by disassembling the snap fit reliefs them without damaging the body or the part).
Annotated fig.2 of Brunerie
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the hollow body comprises a shroud defining an internal cavity, and an insert fixed inside the shroud (fig.2 above shows the body having a shroud and having an internal cavity seen in fig.5 and the insert 14 will be fixed inside the shroud).
Regarding claim 3, the references as applied to claim 2 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the insert has the general shape of a sleeve extending in the longitudinal direction between a first longitudinal end of the insert and a second longitudinal end of the insert, the first longitudinal end of the insert being intended to be oriented towards the first longitudinal end of the hollow body (fig.2 above shows the insert 14 that has two ends extending in longitudinal direction and first end and second end, towards the hollow body and it is in general shape of a sleeve).
Regarding claim 5, the references as applied to claim 2 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the insert has a means for fixing the cover to the casing of the packaging device (fig.2 above show the insert 14 that has the means i.e. capable of fixing the cover to the casing for the packaging device).
Regarding claim 6, the references as applied to claim 2 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the at least one first snap-fit relief is formed by the shroud (fig.1 shows the snap fit relief is formed by the shroud i.e. shroud as it turned into the top surface of the body).
Regarding claim 9, the references as applied to claim 6 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the at least one first snap-fit relief is formed by at least one bead, the at least one second snap-fit relief being formed by at least one resiliently deformable tab extending from a face of the decorative part that is opposite to the at least one face having a decoration (fig.2 shows the first snap fit comprises a bead i.e. openings underside where the tab 270 of the second snap fit is engaged and the second snap fit comprises a deformable tab 270 extending from a face of the opposite of the decorative part).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the at least one face having a decoration, of the decorative part, is substantially planar (fig.1 shows decoration face is substantially planer).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the at least one face having a decoration, of the decorative part, is flush with the second end of the hollow body (fig.2 above shows the two parts being flush when they are assembled i.e. the bottom part of the decorative part and the body ).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie further teaches a clearance between the decorative part and the second end of the hollow body (fig.2-5 above shows there a clearance between the decorative part and the second end of body as the two parts are moveable).
Regarding claim 14, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie further teaches wherein each first snap-fit relief comprises a first surface in contact with a second surface of an associated second snap- fit relief, each first or second surface extending in a plane which forms an angle with the longitudinal direction (fig.1-5 and fig.2 above show the first and second snap fit that contact surfaces on each other and surfaces extending in a plane which forms an angle with longitudinal direction).
Regarding claim 15, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the at least one first snap-fit relief and the at least one second snap-fit relief are shaped to allow disassembly of the decorative part from the hollow body, by pushing on one among the decorative part and the hollow body in the longitudinal direction (fig.2 above shows the two snap fits are shaped to allow disassembly of the parts by pushing).
Regarding claim 17, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the cover is a cap (fig.2 above shows the cover is a cap).
Regarding claim 19, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie further teaches a casing defining a volume for receiving at least one cosmetic product, and the cover according to claim 1, fixed on the casing (fig.2-3 show the casing 30 with the interior cavity at that is capable of receiving at least one cosmetic product and the cover fixed on the casing 30).
Regarding claim 20, the references as applied to claim 19 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the casing is a bottle with a neck, the cover being a cap suitable for fixing to the neck of the bottle (fig.2 shows the casing 30 with neck 33 and the cover being a cap suitable for fixing to the neck 33).
Regarding claim 21, the references as applied to claim 19 above discloses all the limitations substantially claimed. Brunerie further teaches wherein the casing is a lipstick body, receiving a lipstick mechanism (fig.2 the cover can be used for the casing that includes a cosmetic product such as lip stick body capable of receiving a lipstick mechanism).
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunerie (US 20050184093 A1) and further in view of Chapin (US20150197366A1).
Regarding claim 12, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie does not teach wherein the decorative part comprises a decorative plate and a support plate for the decorative plate, the decorative plate being fixed, in particular glued, to the support plate.
Milnark does teach wherein the decorative part comprises a decorative plate and a support plate for the decorative plate, the decorative plate being fixed, in particular glued, to the support plate (fig.1-3 shows cover disk assembly that is the decorative part comprising a decorative plate 30 and a support plate 70 that are fixed to each other via adhesive and have indicia 100) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the decorative part disclosed by Brunerie by adding the teaching of cover disk assembly as disclosed by Milnark in order to allow markings that can easily be applied to the top side of the upper disk portion using an ink pen or pencil, which allows a patron to further personalize and uniquely identify their beverage.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over reference as applied to claim 1 above and further in view of Chapin (US20150197366A1).
Regarding claim 16, the references as applied to claim 1 above discloses all the limitations substantially claimed. Brunerie does not teach wherein the decoration comprises at least one among: - a trademark, or a logo.
Chapin does teach wherein the decoration comprises at least one among: - a trademark, or a logo (“In example embodiments, upper surfaces of both the rim section 310 and central cover 312 can include visible information 320 such as logos (e.g., beverage company logos, sports team logos, or any other logo for a product or service), trademarks, brand names, or other marketing or promotional information.”-0083, Chapin). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the top face of decorative part disclosed by Brunerie by adding the teaching of the decoration as disclosed by Chapin in order to provides an excellent branding and marketing surface over the entire product for which the covering is used. “In example embodiments, upper surfaces of both the rim section 310 and central cover 312 can include visible information 320 such as logos (e.g., beverage company logos, sports team logos, or any other logo for a product or service), trademarks, brand names, or other marketing or promotional information. The information 320 can be embossed in or on the device (e.g. raised lettering), embedded in the device or printed on the device, or formed when the device is injection molded (molded in the plastic) or provided for in any other visible manner (e.g. printed on the device 300) so that consumers purchasing a beverage can containing the device 300 can see the visible information 320. The device thus provides an excellent branding and marketing surface over the entire beverage can top, while also keeping the can top clean and free of external debris, dust, germs, bacteria, etc.” (0083, Chapin)
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 19 above.
Regarding claim 21, the references as applied to claim 19 above discloses all the limitations substantially claimed. Brunerie discloses the claimed invention except for casing is a lipstick body, receiving a lipstick mechanism. It would have been obvious to one having ordinary skill in the art at the time the invention was made to carry a lipstick body in order to protect the lipstick soft nature and casing is capable of receiving a lipstick mechanism. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Allowable Subject Matter
Claims 4,7-8 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 07/16/2026 have been fully considered but they are not persuasive. Applicant simply said new limitation is not taught however new refence has been used to reject claim 1, see above for updated rejection. No other arguments for other references were made. Claims as written are still board.
Conclusion
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/PRINCE PAL/Primary Examiner, Art Unit 3735
