DETAILED ACTION
Drawings
The replacement drawing sheets were received on 2/18/26. These drawings are objected to because:
Sheets 2-3, 6, and 9 are objected to because the sheet numbering is oriented differently than the reference characters and figures, which is improper. See 37 CFR 1.84(p)(1), which requires reference characters, sheet numbers, and view numbers must be oriented in the same direction as the view so as to avoid having to rotate the sheet.
Sheets 1-3 and 5 are objected to for containing extraneous matter in the form of the text “Re”, “To”, “Ri”, etc. on the Cartesian coordinate system icon. These should be replaced with a reference numeral or letter and described in words in the disclosure and not within the figures themselves as currently presented.
Figures 5A-C and 7A-C are objected to for containing extraneous matter in the form of the text “front surface side”, “back surface side”, and “sectional view”. This text should be presented in the detailed description and not in the figures themselves.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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(s) 1-16 is/are 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 pre-AIA the applicant regards as the invention.
Claim 1: was amended to change “stored” to “storable” in the third clause; however, it is unclear if applicant is now attempting to only functionally claim the “at least cosmetic dish”. Is the claim requiring “at least one cosmetic dish” must be present or is it only requiring that the container body can store “at least one cosmetic dish” with the language “storable” instead of “stored”? For examination purposes, the claim will be treated as reciting “stored” and not “storable”. This claim also recites “and are aligned in a sliding direction” in the clause before last; however, what is a “sliding direction” this is not defined by the claims making it unclear what direction this is and what this limitation means. In the last clause, the claim recites “the edges” and “the opening” both without antecedent basis. Clarification or correction is requested.
Claim 2: recites “a border portion between the front side recessed portion and the back surface side recessed portion that includes a common wall that separates the two recessed portions”; however, claim 1 already requires “edges of the opening of both the front and back surface side recessed portions surround the recessed portion”. It would appear that any “border portion” between the recessed portions must also be part of these “edges of the opening of the recessed portion” and not some additional structure as applicant is attempting to claim. Applicant is respectfully reminded to use one term consistently throughout the claims to refer to a single feature. Clarification or correction is requested.
Claim 9: recites “and are aligned in a sliding direction” in the clause before last; however, what is a “sliding direction” this is not defined by the claims making it unclear what direction this is and what this limitation means. In the last clause, the claim recites “the edges” and “the opening” both without antecedent basis. Clarification or correction is requested.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16, as best understood, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Seidler (US 20230284767).
Claim 1: Seidler discloses a cosmetic container (see Figs 1-7) comprising: a container body (300+500); a lid (200) slidably (see Fig 2), attachably and detachably engaged with the container body for opening and closing the container body (see Figs 1-7). At least one cosmetic dish (410+411) attachably and detachably stored in the container body (see Figs 1-7) and the at least one cosmetic dish includes a front surface side recessed portion (720 of 410) capable of storing a cosmetic item and a back surface side recessed portion (720 of 411) capable of storing a cosmetic item. The front surface side recessed portion has a different volume than the back surface side recessed portion (see Fig 7). In a fully opened state of the lid, at least part of the back surface side recessed portion and the front surface side recessed portion are covered by the lid (see Fig 2B). The cosmetic dish includes engaging portions (422) on opposing side surfaces of each pan (410, 411) and at a central height position on each pan (see Fig 7A). The front and back surface side recessed portions do not overlap in a depth direction when fully extended (see Fig 7B) and are aligned in the sliding direction between the cosmetic dish and the container body (see Fig 7). Each recessed portion has an edge that forms the recess opening and the top surface of each recessed portion is coplanar with the surface from which it is recessed, which as best understood is what applicant is trying to set forth in the last clause of the claim.
Claim 2: the cosmetic dish includes a border portion between the front surface side recessed portion and the back surface side recessed portion (see annotations) and includes a common wall that separates these pans/portions.
PNG
media_image1.png
264
480
media_image1.png
Greyscale
Claims 3-4: when the front surface faces upwardly, the engaging portions are engaged with engaged portions (522) in the container body in the sliding direction between the cosmetic dish and the container body (see Figs 1-7).
Claims 5-8: the container body includes an open side surface in the same sliding direction as the lid (horizontal) and the cosmetic dish is stored by sliding through the open side surface (see Figs 2 & 6-7).
Claim 9: Seidler discloses a cosmetic container (see Figs 1-7) comprising: a cosmetic dish (410+411) in which a front surface side recessed portion (720 of 410, see Fig 7) capable of storing cosmetic items is formed on a front surface side, a back surface side recessed portion (720 of 411) capable of storing a cosmetic item is formed on a back surface side. The front surface side recessed portion and the back surface side recessed portion do not contact each other (see Fig 7B) and have different volumes (see Fig 7B) such that storage amounts of the cosmetic are different (see Fig 7). A container body (300+500) in which the cosmetic dish is stored (see Figs 1-7); and a lid (200) slidably (see Fig 2), attachably and detachably engaged with the container body for opening and closing the container body and providing access to the cosmetic dish (see Figs 1-7). The lid itself only opens the front surface side recessed portion (see Fig 6C), as sliding movement of the front surface side recessed portion exposes the rear surface side recessed portion (see Figs 1-7). In a fully opened state, the lid still covers at least part of a back surface side of the front surface side recessed portions (see Figs 1-7). The cosmetic dish includes engaging portions (422) on opposing side surfaces of each pan (410, 411) and at a central height position on each pan (see Fig 7A). The front and back surface side recessed portions are configured side by side (see Fig 7) and do not overlap in a depth direction when fully extended (see Fig 7B) and are aligned in the sliding direction between the cosmetic dish and the container body (see Fig 7). Each recessed portion has an edge that forms the recess opening and the top surface of each recessed portion is coplanar with the surface from which it is recessed, which as best understood is what applicant is trying to set forth in the last clause of the claim.
Claim 10: the cosmetic dish includes a border portion between the front surface side recessed portion and the back surface side recessed portion (see annotations) and includes a common wall that separates these pans/portions.
Claim 11-12: when the front surface faces upwardly, the engaging portions are engaged with engaged portions (522) in the container body in the sliding direction between the cosmetic dish and the container body (see Figs 1-7).
Claims 13-16: the container body includes an open side surface in the same sliding direction as the lid (horizontal) and the cosmetic dish is stored by sliding through the open side surface (see Figs 2 & 6-7).
Claim(s) 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Anderson (US 20080000493).
Claim 17: Anderson discloses a cosmetic container (1, see Figs 1-3, 7 & 9-10) comprising a container body (3+41); a lid (2) rotatably or sliding rotationally and attachably/detachably engaged with the container body for opening and closing the container body (see Figs 1-2); at least one cosmetic dish (see annotations) attachably and detachably stored int eh container body and including a front surface recessed portion and a back/rear surface recessed portion both capable of storing cosmetic (see annotations). The front surface recessed portion and rear surface recessed portion are each rectangular so they have four peripheral side walls/surfaces of the same height (see Figs 1 & 7 & 9) connected to a flat bottom surface (see Fig 7). The front surface side recessed portion can have a same depth, but a different volume (53a) than the rear side recessed portion (53e) and in a fully opened state of the lid a back surface side of the front surface side recessed portion is covered in part by the lid (see Fig 9).
PNG
media_image2.png
198
422
media_image2.png
Greyscale
Response to Arguments
Applicant's arguments filed 2/18/26 have been fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Thursday 9:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
Prosecution Insights