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 on 12/23/2025 (hereinafter “amendment”) has been accepted and entered. Claims 1-22 are pending. Claims 2-7, 10-14 and 16-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim.
Election/Restrictions
Applicant argues that claim 14 should not be withdrawn because paragraph [0096] recites “In the case of Fig. 12 also, the cover 24 can be screwed onto the case 12 until the first and second snap-fit reliefs 23, 37 snap-fit.” This is not persuasive. The specification cites that it can not that is does, i.e., that it is a possible alternate embodiment. The elected species of Fig. 12 does not disclose any threads or structure to enable the cover to be screwed onto the case nor the relationship between such screwing structure and the snap fit structure. As such claim 14 remains withdrawn from consideration as it is not directed to the elected species.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/23/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 22 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 22 recites “at least two slits passing through the thickness of a body in which it is formed”, this is unclear. The slits are actively passing through? Does this mean the slits move? Does the slit extent completely through the body? Does the slit have a variable depth so as to dip or pass along the body? What direction is considered the thickness of the body? This is generally unclear and further it is unclear if this is directed towards the elected species.
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, 8-9 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sequin FR 2565559 A1, herein after referred to as Sequin.
Regarding claim 1 Seguin discloses a packaging device (Figs. 1-5) for at least one cosmetic product, comprising:
a case (1 body) defining a housing, the case (1) having at least one first snap-fit relief (area below bead 7); and
a cover (3 lid) adapted to be fixed on the case (Figs. 1-2) to close the housing, wherein the cover (1) has at least one second snap-fit relief (area above bead 8), adapted to cooperate with the at least one first snap-fit relief (Fig. 2) to fix the cover (3) on the case (1),
wherein one of the at least one first snap-fit relief (area below 7) and the at least one second snap-fit relief (area above 8) is made of metal (English page 4, line 145) and comprises at least one clipping tab (8 bead) extending between at least two slits (Fig. 3A and 4A, there are slits at either end of 8)
Regarding claim 8 Seguin discloses the packaging device according to claim 1 and further discloses wherein the cover extends mainly along an axis, the two slits being parallel to the axis (Fig. 3A and 4A, the slits extend between the end of the clipping tabs 8 to the lug 11).
Regarding claim 9 Seguin discloses the packaging device according to claim 1 and further discloses in which the other one of the at least one first snap-fit relief (area below bead 7) and the at least one second snap-fit relief (area above bead 8) includes one of a groove (the first snap-fit relief is a groove below 7, Figs. 1-2), a rib, and at least one lug.
Regarding claim 15 Seguin discloses the packaging device according to claim 1 and further discloses which the case (1) is a bottle with an opening (covered by the stopper, Figs. 1 and 3B) through which the housing opens out.
Response to Arguments
Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive. Applicant states that “Applicant respectfully disagrees as no slit can be seen at the end of the bead (8)”. The applicant gives a general statement and no reasons how the structures are different. As shown in at least Figs. 3A and 4A the clipping tab (8) extents between two slits as the slits are areas on the interior of the cover at either end of the clipping tab, which is a reduction in the thickness of the cover between the end of the clipping tab 8 and the lug 11 and as such is a slit.
Conclusion
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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