DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed 01/15/2026 (hereafter “the amendment”) has been accepted and entered.
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) 1-2 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lebon (US11498731B2).
Regarding claim 1, Lebon 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 (fig.9-14 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.12 shows hollow body 12 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 12 comprising 62 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.10 shows part 14 comprising face 46 capable of being oriented direction opposite to the packaging case with second snap-fit relief at 66 that engage with 62 and show a decoration 72 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, it being possible to disassemble 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.9-12 show the that body 12 and 14 that are being fixed together to close off the second opening of the body 12 with the part 14 and the two reliefs that engage together i.e. 62 and 66 and it is possible to disassemble them without damaging the body or the part).
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lebon further teaches wherein the hollow body comprises a shroud defining an internal cavity, and an insert fixed inside the shroud (fig.12 shows the body 12 having a shroud 16 and when assembled with part 14 the insert 50 will be fixed inside the shroud of part 14).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lebon as modified in claim 1 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.15 shows the two parts being flush).
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) 1-3,5-10,13-17 and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lefevre (US20150367367A1) and further in view of Chapin (US20150197366A1)
Regarding claim 1, Lefevre 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 (fig.2 shows the covering system 2 capable of being applied to a packaging device for at least one cosmetic product and the cover 2 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.1 shows hollow body 13 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 13 comprising 163 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 at least one second snap-fit relief (fig.1 shows decorative part 14 comprising face 191 capable of being oriented direction opposite to the packaging case with second snap-fit relief at 183 that engage with 163),
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, it being possible to disassemble 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.1 and 2 show the part 14 and body 13 being fixed together to close off the second opening of the body 13 with the part 14 and the two reliefs that engage together i.e.163 and 183 and it is possible to disassemble them without damaging the body 13 or the part 14). Lefevre does not teach wherein the decoration part have a decoration on one face.
Chapin teaches wherein the decoration part have a decoration on one face (fig.3 and 4 show the decoration 320 on face 312). 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 Lefevre 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)
Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lefevre as modified in claim 1 further teaches wherein the hollow body comprises a shroud defining an internal cavity, and an insert fixed inside the shroud (fig.1 shows the body 13 having a shroud which the external wall of 17 which defines an inertial cavity that has an insert 160 that is fixed inside the shroud once assembled).
Regarding claim 3, the references as applied to claim 2 above discloses all the limitations substantially claimed. Lefevre as modified in claim 2 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.1 shows the insert 160 that has two ends extending in longitudinal direction and first end being, top where 160 is pointed, 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. Lefevre as modified in claim 2 further teaches wherein the insert has a means for fixing the cover to the casing of the packaging device (fig.1-3 show the insert 160 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. Lefevre as modified in claim 2 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).
Regarding claim 7, the references as applied to claim 2 above discloses all the limitations substantially claimed. Lefevre as modified in claim 2 further teaches wherein the at least one first snap-fit relief is formed by the insert (fig.1 shows the snap fit 163 is formed on the insert 160).
Regarding claim 8, the references as applied to claim 7 above discloses all the limitations substantially claimed. Lefevre as modified in claim 7 further teaches wherein the at least one first snap-fit relief is formed on an outer face of the insert (fig.1 shows the snap fit is formed on the outer face of the insert).
Regarding claim 9, the references as applied to claim 6 above discloses all the limitations substantially claimed. Lefevre as modified in claim 6 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.1 shows the snap fit 163 comprises a bead and the second snap fit 183 comprises a deformable tab extending from a face of the opposite of the decorative part 191).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lefevre as modified in claim 1 further teaches wherein the at least one face having a decoration, of the decorative part, is substantially planar (fig.1 shows the191 face is substantially planer).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lefevre as modified in claim 1 further teaches a clearance between the decorative part and the second end of the hollow body (fig.2-3 shows there a clearance between the part 14 and the second end of body 13 as the 14 is moveable).
Regarding claim 14, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lefevre as modified in claim 1 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.1-3 show the snap fit 163 and 183 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. Lefevre as modified in claim 1 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.1 the snap fits 163 and 183 are shaped to allow disassembly of the parts by pushing).
Regarding claim 16, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lefevre as modified in claim 1 further teaches 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)
Regarding claim 17, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lefevre as modified in claim 1 further teaches wherein the cover is a cap (fig.2 shows the cover is a cap).
Regarding claim 19, as best understood based on 112 issue identified above, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lefevre as modified in claim 19 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 7 with the interior cavity at 3 that is capable of receiving at least one cosmetic product and the cover 1 fixed on the casing 7).
Regarding claim 20, the references as applied to claim 19 above discloses all the limitations substantially claimed. Lefevre as modified in claim 19 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.3 shows the casing 7 with neck 5 and the cover 1 being a cap suitable for fixing to the neck 5).
Regarding claim 21, the references as applied to claim 19 above discloses all the limitations substantially claimed. Lefevre as modified in claim 19 further teaches wherein the casing is a lipstick body, receiving a lipstick mechanism (fig.1 the cover can be used for the casing that includes a cosmetic product such as lip stick body capable of receiving a lipstick mechanism-0039, Lefevre).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lebon (US11498731B2) and further in view of Chapin (US20150197366A1).
Regarding claim 12, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lebon 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 Lebon 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.
Allowable Subject Matter
Claim 4 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 01/15/2026 have been fully considered but they are not persuasive. Applicant did not make any amendments to the claims and did not change the scope of the claim, hence the same rejection with response to arguments. Applicant agues the restriction and how it does not disclose the invention concept, recites that the invention concept of the claim 1 is more than just the decorative part and the inventive concept is a decorative part that can be removed without damaging. This is not persuasive as the core concept is still the decorative part and the prior art one can be removed as clearly shown in fig.3 Herman as noted in the restriction mailed 07/02/2025. Applicant also argues the claim 18 withdrawal, which was not found persuasive because claim 18 discloses the tool which as not selected as the invention to examine, applicant elected to examine invention I which was the cover and the packaging, if applicant wanted the tool to be examine Group II (drawn to a tool for removing a decorative part of covering) should have been elected. Claim 18 recites “wherein the hollow body is integral with a rod, an applicator member being arranged at the end of the rod that is opposite to the hollow body” and according to the specification and the drawing the “rod” and the “applicator” is with the tool and as seen in figure 10 and now with the cover i.e. it’s a different invention. Nonetheless, if claim 1 is found to be allowable it will be rejoined as stated in the restriction. Applicant argues that claim 1 as rejected by Lebon under 102 does not teach wherein cover having reliefs which cooperate by snap-fitting. This is not found persuasive as the fig.9-12 shows the that body 12 and 14 that are being fixed together to close off the second opening of the body 12 with the part 14 and the two reliefs that engage together i.e. 62 and 66 and it is possible to disassemble them without damaging the body or the part and the 62 and 66 are snapping into each other creating a snap-fitting element. Also, it is noted that the claim recites “it being possible to disassemble 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” the limitation is never positively claimed. By reciting “it being possible” the claim is left for a lot of interpretation under BRI as the two parts can be taken apart by any possible way not just one way applicant is suggesting. Applicant also recites that two caps in Lebon do no appear to be removable without damaging at least one of them, it is unclear what applicant means by “appear” because the two caps can clearly be unlocked and locked together and the damage or the amount of damage that can be done is not specified in the claim. If applicant is suggesting the other embodiments works the same way as 0083, then the reference also states “Once the outer cap 12 is sufficiently depressed relative to the inner cap 14, the tamper-evident member 24 will be removed from the outer cap by breaking the frangible means 30 between the top wall 18 of the outer cap 12 and the tamper-evident member 24. When further pushing down the outer cap 12 relative to the inner cap 14, the driving members 62 of the outer cap come into engagement with the serrations 66 of the inner cap so that the closure can be opened.” (col. 19-20 lines 64-67; 1-5). For 103, regarding LeFevre reference applicant argues that the follower pin 183 would not allow the cover to be removable this is not persuasive because as state above the claim recite “it being possible to disassemble” it does not say fully disassemble it requires disassemble the snap-fitting of first and second reliefs they do not have to sperate just disengage. Applicant’s claims are too board which is why two rejections were given.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/PRINCE PAL/Examiner, Art Unit 3735