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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/6/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “the inner surface or the outer surface includes one or more recesses that extend into the body to define one or more portions of the body through which light produced by the light is more visible than through other portions of the body” in lines 15-19. It is found that there is no disclosure that specifies the inner surface or the outer surface includes one or more recesses that extend into the body to define one or more portions of the body through which light produced by the light is more visible than through other portions of the body. Though the drawings present the recesses on the removable plate on the outer surface, it is found that there is no support to allude that the inner surface could also define one or more of such portions.
Claims 2, 4-5, 7-9, and 21-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph for being dependent off of claim 1.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 10 recites “the inner surface or the outer surface includes one or more recesses that extend into the body such that light produced by the light is visible through the outer surface via the one or more recesses” in lines 11-14. It is found that there is no disclosure that specifies the inner surface or the outer surface includes one or more recesses that extend into the body to define one or more portions of the body through which light produced by the light is more visible than through other portions of the body. Though the drawings present the recesses on the removable plate on the outer surface, it is found that there is no support to allude that the inner surface could also define one or more of such portions.
Claims 11, 13-18, and 23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph for being dependent off of claim 10.
Claim Rejections - 35 USC § 103
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, 4, 8, 10, 13, 17, 19 and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 102012833 B1, see machine translated ver) in view of Moon (KR 101211271 B1, see machine translated ver.).
Re. Claim 1, Kwon discloses a compact (Fig. 1-2 and 5-6; Abstract) comprising:
a lower portion (110);
an upper portion (120) coupled to the lower portion (Fig. 1; Par. 8) wherein the upper portion comprises a peripheral portion (Annotated Figure A of Fig. 2) that defines a cavity (where element 120A is fitted into) in the upper portion (Fig. 2);
a light (130) positioned within the cavity (Par. 26); and
a plate (120a) arranged to be attached to the upper portion (Fig. 1-2), wherein the plate comprises a body having an inner surface (Annotated Figure B of Fig. 2) and an outer surface (Annotated Figure B of Fig. 2), wherein the inner surface is configured to face into the cavity when the plate is attached to the upper portion (Fig. 2).
However, Kwon is silent to the upper portion movably coupled to the lower portion by a hinge such that the upper portion rotates about the hinge to transition from a closed state to an open state. Further, Kwon is silent to the light is exposed when the removable plate is detached from the upper portion, and wherein the inner surface or the outer surface includes one or more recesses that extend into the body to define one or more portions of the body through which light produced by the light is more visible than through other portions of the body.
Moon discloses a cosmetic container in the same field of endeavor and further discloses a removable cover (300; Par. 28), an upper portion (200), and a lower portion (100). Further, the upper portion is movably coupled to the lower portion by a hinge (Annotated Figure C of Fig. 9) where the function of a hinge would result in the portions being rotated to an open and closed state. Moon also is found to disclose that the removable plate comprises an inner surface and outer surface (see Annotated Figure D of Fig. 9) where the inner surface is configured into the cavity when the removable plate is attached to the upper portion (Fig. 9-10). It is found that the outer surface includes one or more recesses that extend into the body to define one or more portions of the body through which light produced by the light is more visible than through other portions of the body (Fig. 8 and 10; Par. 29 and 31 discloses that the cover comprises paint on the outer surface where a portion of the pain is removed to make the fine holes/recesses to allow light to pass through. The portion that has the paint lasered off would have the smaller thickness than the rest of the portion that still comprises the paint layers). As a result, it allows light to pass through the portion with a smaller thickness to present the design (Par. 31 and 38).
Kwon discloses that the upper and lower portions are coupled to one another but are silent to the means of attachment. Moon provides a teaching of the portions being coupled to one another through a hinge to allow the container to be open and closed. Further, it should be noted that the elements emitting the light are separate from the plate.
Thus, it would have been obvious to someone skilled in the art before the effective filing date to substitute the hinge of the container of Kwon to have the upper portion movably coupled to the lower portion by a hinge such that the upper portion rotates about the hinge to transition from a closed state to an open state as taught by Moon as a design choice as the functionality to open and close the container remains the same.
Kwon teaches light being pass through the plate but is silent as to how it passes through the plate (i.e. varying thickness, material differs). Moon provides teaching as such of a outer surface having varying thicknesses such that light produced by the light is more visible through the first portion than through the second portion. This is done by the varying thicknesses made by the sections that have the paint layer and the other sections having no paint layer (Par. 31 and 38).
Thus, it would have been obvious to someone skilled in the art before the effective filing date to have the container of Kwon to have the plate comprise the light is exposed when the removable plate is detached from the upper portion, and wherein the inner surface or the outer surface includes one or more recesses that extend into the body to define one or more portions of the body through which light produced by the light is more visible than through other portions of the body as taught by Moon to allow light to pass through only that particular part that comprises the design.
Lastly, though Kwon teaches a decorative plate, Kwon is silent to the plate being removable. Moon provides teaching of a decorative plate similarly to that of Kwon in function and discloses that the plate is removable to allow the user to replace the cover to whatever pattern they desire (Par. 32).
Thus, it would have been obvious to someone skilled in the art before the effective filing date to have the plate of Kwon to be removable as taught by Moon to allow the user to replace the cover to whatever pattern they desire.
The combination of Kwon and Moon would provide the teaching that the light is exposed when the plate is detached from the upper portion where Moon provides teaching of the element being detachable. Kwon provides teaching that the light is positioned below the plate in which if the plate is removed, it would expose the light.
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Re. Claim 4, Kwon and Moon discloses the compact of Claim 1, Kwon further discloses further comprising a battery (Abstract discloses the battery), wherein the light is arranged to produce the light when the upper portion is in the open state (Claim 1 and Abstract discloses that when the cover is opened, the switch can operate which would control the light emitting unit; It should also be noted that the language is functional).
Re. Claim 8, Kwon and Moon discloses the compact of Claim 1, wherein Kwon discloses the upper portion comprises a lower surface (Annotated Figure E of Fig. 2) and an upper surface (Annotated Figure E of Fig. 2) opposite the lower surface (Annotated Figure E of Fig. 2), wherein the lower surface is positioned between the upper surface and the lower portion when the upper portion is in the closed state (Fig. 1), and wherein the removable plate is arranged to be attached to the upper surface (Fig. 1-2; Annotated Figure E of Fig. 2).
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Re. Claim 10, Kwon discloses a compact (Fig. 1-2 and 5-6; Abstract) comprising:
a lower portion (110);
an upper portion (120) coupled to the lower portion (Fig. 1; Par. 8);
a light positioned (130) within the upper portion (Par. 26; Fig. 2 where it is found to be positioned in a cavity- where element 120a is fitted into); and
a plate (120a) arranged to be attached to the upper portion (Fig. 1-2), wherein the plate comprises a body having an inner surface (Annotated Figure B of Fig. 2) and an outer surface (Annotated Figure B of Fig. 2), wherein the inner surface is configured to face into the cavity when the plate is attached to the upper portion (Fig. 2).
However, Kwon is silent to the upper portion movably coupled to the lower portion by a hinge such that the upper portion rotates about the hinge to transition from a closed state to an open state. Further, Kwon is silent to the light is exposed when the removable plate is detached from the upper portion, and wherein the inner surface or the outer surface includes one or more recesses that extend into the body such that light produced by the light is visible through the outer surface via the one or more recesses.
Moon discloses a cosmetic container in the same field of endeavor and further discloses a removable cover (300; Par. 28), an upper portion (200), and a lower portion (100). Further, the upper portion is movably coupled to the lower portion by a hinge (Annotated Figure C of Fig. 9) where the function of a hinge would result in the portions being rotated to an open and closed state. Moon also is found to disclose that the removable plate comprises an inner surface and outer surface (see Annotated Figure D of Fig. 9) where the inner surface is configured into the cavity when the removable plate is attached to the upper portion (Fig. 9-10). It is found that the outer surface includes one or more recesses that extend into the body to define one or more portions of the body through which light produced by the light is more visible than through other portions of the body (Fig. 8 and 10; Par. 29 and 31 discloses that the cover comprises paint on the outer surface where a portion of the pain is removed to make the fine holes/recesses to allow light to pass through. The portion that has the paint lasered off would have the smaller thickness than the rest of the portion that still comprises the paint layers). As a result, it allows light to pass through the portion with a smaller thickness to present the design (Par. 31 and 38).
Kwon discloses that the upper and lower portions are coupled to one another but are silent to the means of attachment. Moon provides a teaching of the portions being coupled to one another through a hinge to allow the container to be open and closed. Further, it should be noted that the elements emitting the light are separate from the plate.
Thus, it would have been obvious to someone skilled in the art before the effective filing date to substitute the hinge of the container of Kwon to have the upper portion movably coupled to the lower portion by a hinge such that the upper portion rotates about the hinge to transition from a closed state to an open state as taught by Moon as a design choice as the functionality to open and close the container remains the same.
Kwon teaches light being pass through the plate but is silent as to how it passes through the plate (i.e. varying thickness, material differs). Moon provides teaching as such of a outer surface having varying thicknesses such that light produced by the light is more visible through the first portion than through the second portion. This is done by the varying thicknesses made by the sections that have the paint layer and the other sections having no paint layer (Par. 31 and 38).
Thus, it would have been obvious to someone skilled in the art before the effective filing date to have the container of Kwon to have the plate comprise the light is exposed when the removable plate is detached from the upper portion, and wherein the inner surface or the outer surface includes one or more recesses that extend into the body such that light produced by the light is visible through the outer surface via the one or more recesses as taught by Moon to allow light to pass through only that particular part that comprises the design.
Lastly, though Kwon teaches a decorative plate, Kwon is silent to the plate being removable. Moon provides teaching of a decorative plate similarly to that of Kwon in function and discloses that the plate is removable to allow the user to replace the cover to whatever pattern they desire (Par. 32).
Thus, it would have been obvious to someone skilled in the art before the effective filing date to have the plate of Kwon to be removable as taught by Moon to allow the user to replace the cover to whatever pattern they desire.
The combination of Kwon and Moon would provide the teaching that the light is exposed when the plate is detached from the upper portion where Moon provides teaching of the element being detachable. Kwon provides teaching that the light is positioned below the plate in which if the plate is removed, it would expose the light.
Re. Claim 13, Kwon and Moon discloses the compact of Claim 10, wherein Kwon further discloses the light is arranged to produce the light when the upper portion is in the open state (Claim 1 and Abstract discloses that when the cover is opened, the switch can operate which would control the light emitting unit; It should also be noted that the language is functional).
Re. Claim 17, Kwon and Moon discloses the compact of Claim 10, wherein Kwon discloses the upper portion comprises a lower surface (Annotated Figure E of Fig. 2) and an upper surface (Annotated Figure E of Fig. 2) opposite the lower surface (Annotated Figure E of Fig. 2), wherein the lower surface is positioned between the upper surface and the lower portion when the upper portion is in the closed state (Fig. 1), and wherein the removable plate is arranged to be attached to the upper surface (Fig. 1-2; Annotated Figure E of Fig. 2).
Re. Claim 19, Kwon discloses a compact (Fig. 1-2 and 5-6; Abstract) comprising:
an upper portion (110) comprising a peripheral portion (Annotated Figure A of Fig. 2) that defines a cavity (where element 120A is fitted into) in the upper portion (Fig. 2);
a light (130) positioned within the cavity (Fig. 1-2; Par. 26); and
a plate (120a) arranged to be attached to the upper portion (Fig. 1-2), wherein the plate comprises a body having an inner surface (Annotated Figure B of Fig. 2) and an outer surface (Annotated Figure B of Fig. 2), and a thickness defined between the inner surface and outer surface (Annotated Figure B of Fig. 2).
However, Kwon is silent to the upper portion movably coupled to the lower portion by a hinge such that the upper portion rotates about the hinge to transition from a closed state to an open state. Further, Kwon is silent to the thickness of the body in a first portion of the body is less than the thickness of the body in a second portion of the body such that light produced by the light is more visible through the first portion than through the second portion.
Moon discloses a cosmetic container in the same field of endeavor and further discloses a removable cover (300; Par. 28), an upper portion (200), and a lower portion (100). Further, the upper portion is movably coupled to the lower portion by a hinge (Annotated Figure C of Fig. 9) where the function of a hinge would result in the portions being rotated to an open and closed state. Moon also is found to disclose that the removable plate comprises an inner surface and outer surface (see Annotated Figure D of Fig. 9) where a thickness is defined by the two (Annotated Figure D of Fig. 9). Moon discloses the removable cover to have varying thicknesses (Fig. 8 and 10) where the thickness difference is between the portions comprising holes and the rest of the cover to allow for certain portions to have light pass through and others not (Par. 29). It is disclosed the cover comprises paint on the surfaces of the cover where a portion is removed to fine holes allowing light to pass through (Par. 31). The portions with paint laser removed would have a smaller thickness than the rest of the portion that still comprises the paint layers. As a result, it allows light to pass through the portion with a smaller thickness to present the design (Par. 31 and 38).
Kwon discloses that the upper and lower portions are coupled to one another but are silent to the means of attachment. Moon provides a teaching of the portions being coupled to one another through a hinge to allow the container to be open and closed. Further, it should be noted that the elements emitting the light are separate from the plate.
Thus, it would have been obvious to someone skilled in the art before the effective filing date to substitute the hinge of the container of Kwon to have the upper portion movably coupled to the lower portion by a hinge such that the upper portion rotates about the hinge to transition from a closed state to an open state as taught by Moon as a design choice as the functionality to open and close the container remains the same.
Kwon teaches light being pass through the plate but is silent as to how it passes through the plate (i.e. varying thickness, material differs). Moon provides teaching as such of a outer surface having varying thicknesses such that light produced by the light is more visible through the first portion than through the second portion. This is done by the varying thicknesses made by the sections that have the paint layer and the other sections having no paint layer (Par. 31 and 38).
Thus, it would have been obvious to someone skilled in the art before the effective filing date to have the container of Kwon to have the thickness of the body in a first portion of the body is less than the thickness of the body in a second portion of the body such that light produced by the light is more visible through the first portion than through the second portion as taught by Moon to allow light to pass through only that particular part that comprises the design.
Lastly, though Kwon teaches a decorative plate, Kwon is silent to the plate being removable. Moon provides teaching of a decorative plate similarly to that of Kwon in function and discloses that the plate is removable to allow the user to replace the cover to whatever pattern they desire (Par. 32).
Thus, it would have been obvious to someone skilled in the art before the effective filing date to have the plate of Kwon to be removable as taught by Moon to allow the user to replace the cover to whatever pattern they desire.
The combination of Kwon and Moon would provide the teaching that the light is exposed when the plate is detached from the upper portion where Moon provides teaching of the element being detachable. Kwon provides teaching that the light is positioned below the plate in which if the plate is removed, it would expose the light.
Re. Claim 21, Kwon and Moon discloses the compact of Claim 1, wherein Moon discloses the one or more portions on the outer surface are visibly indistinguishable from the other portions when the light is off (Par. 31 discloses that the recesses formed are fine holes and as such would be indistinguishable from the other portions when the light is off to give a seamless design).
It would have been obvious to someone skilled in the art before the effective filing date to have the portions of Kwon and Moon to be visibly indistinguishable from the other portions when the light is off as taught by Moon to allow for a seamless design.
Re. Claim 22, Kwon and Moon discloses the compact of Claim 1, wherein Moon discloses the one or more recesses are arranged to define a design on the removable plate (Fig. 7-8).
It would have been obvious to someone skilled in the art before the effective filing date to have the one or more recesses of Kwon and Moon to be arranged to define a design on the removable plate as taught by Moon to allow for illumination of the particular design- providing an aesthetic visual to the user.
Re. Claim 23, Kwon and Moon discloses the compact of Claim 10, wherein Moon discloses the one or more recesses are arranged to define a design on the removable plate (Fig. 7-8).
It would have been obvious to someone skilled in the art before the effective filing date to have the one or more recesses of Kwon and Moon to be arranged to define a design on the removable plate as taught by Moon to allow for illumination of the particular design- providing an aesthetic visual to the user.
Claim(s) 2, 11, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 102012833 B1, see machine translated ver) in view of Moon (KR 101211271 B1, see machine translated ver.) and Johnson (US 20170202335 A1).
Re. Claim 2, Kwon and Moon discloses the compact of Claim 1, but are silent to the removable plate is attached to the upper portion by: twisting the removable plate or a magnet.
Johnson discloses a cosmetic container in the same field of endeavor and further discloses teaching of two portions of the cosmetic container to be removable from one another in different manners including a twisting, magnetic, and frictional manner (Par. 25).
It would have been obvious to someone skilled in the art before the effective filing date to have the removable plate of Kwon, and Moon to be removable by twisting the removable plate from the upper portion as taught by Johnson as it is a design choice as to the means of removal of the element as the functionality of removing one element from another remains the same.
Re. Claim 11, Kwon and Moon discloses the compact of Claim 10, but are silent to the removable plate is attached to the upper portion by; twisting the removable plate; or a magnet.
Johnson discloses a cosmetic container in the same field of endeavor and further discloses teaching of two portions of the cosmetic container to be removable from one another in different manners including a twisting, magnetic, and frictional manner (Par. 25).
It would have been obvious to someone skilled in the art before the effective filing date to have the removable plate of Kwon, and Moon to be removable by twisting the removable plate from the upper portion as taught by Johnson as it is a design choice as to the means of removal of the element as the functionality of removing one element from another remains the same.
Re. Claim 20, Kwon and Moon discloses the compact of Claim 19, but are silent the removable plate is attached to the upper portion by twisting the removable plate.
Johnson discloses a cosmetic container in the same field of endeavor and further discloses teaching of two portions of the cosmetic container to be removable from one another in different manners including a twisting, magnetic, and frictional manner (Par. 25).
It would have been obvious to someone skilled in the art before the effective filing date to have the removable plate of Kwon, and Moon to be removable by twisting the removable plate from the upper portion as taught by Johnson as it is a design choice as to the means of removal of the element as the functionality of removing one element from another remains the same.
Claim(s) 5, 9, 14-15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 102012833 B1, see machine translated ver) in view of Moon (KR 101211271 B1, see machine translated ver.) and Tokushita (US 20050231835 A1).
Re. Claim 5, Kwon and Moon discloses the compact of Claim 1, Kwon further discloses the compact further comprising a battery (143; Par. 70), wherein the battery is arranged to provide electric power to the light (Par. 70). However, they are silent to the battery being positioned in the lower portion.
Tokushita discloses a cosmetic container in the same field of endeavor and further discloses various arrangement of a lighting system and battery powering the system which includes them being in the same portion of the container (see Fig. 9 which discloses the battery 324 and lighting system 322 to be found in the cover 306) or in separate portions (Fig. 6 shows the lighting system 221 is found to be in the upper portion 106 and the battery 223 to be found in the lower portion 103).
It would have been obvious to someone skilled in the art before the effective filing date to have the battery of Kwon, and Moon to be positioned in the lower portion as taught by Tokushita as it is a design choice as to the arrangement of the battery as the functionality of powering the light remains the same.
Re. Claim 9, Kwon and Moon discloses the compact of Claim 1, Kwon further comprising a switch wherein the switch (145; Abstract; Par. 77) turns on the light. However, they are silent to the switch being positioned in the lower portion.
Tokushita discloses a cosmetic container in the same field of endeavor and further discloses various arrangement of the switch to control the lighting system where it can be found on the upper portion (106) or lower portion (103) (Par. 95).
It would have been obvious to someone skilled in the art before the effective filing date to have the switch of Kwon, and Moon to be positioned in the lower portion as taught by Tokushita as it is a design choice as to the arrangement of the switch as the functionality of controlling the light system remains the same.
Re. Claim 14, Kwon and Moon discloses the compact of Claim 10, Kwon further discloses the compact further comprising a battery (143; Par. 70), wherein the battery is arranged to provide electric power to the light (Par. 70). However, they are silent to the battery being positioned in the lower portion.
Tokushita discloses a cosmetic container in the same field of endeavor and further discloses various arrangement of a lighting system and battery powering the system which includes them being in the same portion of the container (see Fig. 9 which discloses the battery 324 and lighting system 322 to be found in the cover 306) or in separate portions (Fig. 6 shows the lighting system 221 is found to be in the upper portion 106 and the battery 223 to be found in the lower portion 103).
It would have been obvious to someone skilled in the art before the effective filing date to have the battery of Kwon, and Moon to be positioned in the lower portion as taught by Tokushita as it is a design choice as to the arrangement of the battery as the functionality of powering the light remains the same.
Re. Claim 15, Kwon, Moon, and Tokushita discloses the compact of Claim 14, wherein Kwon discloses the light is arranged to produce the light when the battery is recharging (It should be noted that the limitation is functionally claimed and as such is fully capable of having the light be produced when the battery is charging. Kwon provides teaching that the battery can be recharged and be permanently operated which would teaches that the light is produced when the battery is recharging in Par. 71).
Re. Claim 18, Kwon and Moon discloses the compact of Claim 10, Kwon further comprising a switch wherein the switch (145; Abstract; Par. 77) turns on the light. However, they are silent to the switch being positioned in the lower portion.
Tokushita discloses a cosmetic container in the same field of endeavor and further discloses various arrangement of the switch to control the lighting system where it can be found on the upper portion (106) or lower portion (103) (Par. 95).
It would have been obvious to someone skilled in the art before the effective filing date to have the switch of Kwon, and Moon to be positioned in the lower portion as taught by Tokushita as it is a design choice as to the arrangement of the switch as the functionality of controlling the light system remains the same.
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (KR 102012833 B1, see machine translated ver) in view of Moon (KR 101211271 B1, see machine translated ver.), Tokushita (US 20050231835 A1) and Bouix (US 20120279516 A1).
Re. Claim 7, Kwon, Moon, and Tokushita discloses the compact of Claim 5, but are silent to a port positioned in the lower portion, wherein the battery is recharged through the port.
Bouix discloses a cosmetic container in the same field of endeavor and further discloses a light system that powered by a battery (Par. 38) where the battery (11) is located at the lower portion (Fig. 9) where the battery is rechargeable wirelessly or through a port (Par. 57-58; Par. 58 and Fig. 10 discloses that it can be wirelessly charged through the charging pad 500; Par. 59 and Fig. 11 discloses that the connector 120 is plugged into the port 103, it can recharge the battery).
Kwon provides teaching of the battery being rechargeable wirelessly but is silent to the battery being recharged through a port. Bouix provides teaching of the battery being recharged wirelessly AND through a port.
It would have been obvious to someone skilled in the art before the effective filing date to have the compact of Kwon, Moon, and Tokushita to have a port positioned in the lower portion, wherein the battery is recharged through the port as taught by Bouix to allow for multiple means of recharging the battery.
Re. Claim 16, Kwon, Moon, and Tokushita discloses the compact of Claim 14, but are silent to a port positioned in the lower portion, wherein the battery is recharged through the port.
Bouix discloses a cosmetic container in the same field of endeavor and further discloses a light system that powered by a battery (Par. 38) where the battery (11) is located at the lower portion (Fig. 9) where the battery is rechargeable wirelessly or through a port (Par. 57-58; Par. 58 and Fig. 10 discloses that it can be wirelessly charged through the charging pad 500; Par. 59 and Fig. 11 discloses that the connector 120 is plugged into the port 103, it can recharge the battery).
Kwon provides teaching of the battery being rechargeable wirelessly but is silent to the battery being recharged through a port. Bouix provides teaching of the battery being recharged wirelessly AND through a port.
It would have been obvious to someone skilled in the art before the effective filing date to have the compact of Kwon, Moon, and Tokushita to have a port positioned in the lower portion, wherein the battery is recharged through the port as taught by Bouix to allow for multiple means of recharging the battery.
Response to Arguments
Argument #1: Applicant argues Kwon fails to disclose or teach the shape 120a includes any recesses or thickness variations along an inner or outer surface for selective light passage. Rather, applicant argues that Kwon presents a constant thickness throughout the removable plate.
Response #1: Applicant’s argument is found to not be persuasive as Moon is being relied upon to teach the particular limitation.
Argument #2: Applicant argues Moon fails to teach forming recesses in the cover body 200 itself as it solely teaches painting the cover body and removing such paint to form holes. As such, there would be no varying thickness as claimed.
Response #2: Applicant’s argument is found to not be persuasive as the painted design would provide a greater thickness presented to the outer surface it is applied on. In other words, it can be considered a part of the outer surface’s thickness. By stripping certain portions of the paint, it would create the varying thickness applicant claims to allow light to pass through. The particular holes made can be defined to be the recesses applicant claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY T TO whose telephone number is (571)272-0719. The examiner can normally be reached Monday - Thursday 6:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772