DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/12/26 has been entered.
Drawings
No replacement drawing sheets were received with the most recent filing on 8/12/26, despite applicant’s arguments referring to new drawings.
The only replacement drawings were received on 2/18/26. These drawings remain 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) 1-17 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 in the second clause to recite “along a direction”; however, the claim also recites “a height direction”, “a depth direction”, “the sliding direction”, “opposite directions”; however, no relationship is set forth between any of these directions making the metes and bounds of the claims unclear. Is the new “direction” in the second clause the “sliding direction”? Is the “opposite directions” any of the directions already claimed? A height and depth direction would appear to be the same direction, yet no relationship is set forth between these directions nor between those and the newly recited three directions. The metes and bounds of the claim are impossible to determine. Clarification or correction is requested.
Claims 3-8: each of these claims depends from claim 1, which recites “along a direction”, “a height direction”, “a depth direction”, “the sliding direction”, “opposite directions”. Each of claims 3-8 then recites “a sliding direction” so how many sliding directions and general directions is applicant claiming? Is the sliding direction of claim 1 the same as the “a sliding direction” in these dependent claims or different? For examination purposes, the claim will be treated as reciting “the sliding direction”. Clarification or correction is requested.
Claim 9: was amended to recite “the lid being slidable along a direction” and “a sliding direction”; are these the same or different? Also, similar to claim 1, this claim recites “along a direction”, “a height direction”, “a depth direction”, “a sliding direction”, “opposite directions”; are any of these directions the same and if so why is there no relationship set forth between any of them? It appears that a height and a depth direction at least are the same direction so it is improper to use different terms throughout the claims to refer to a single feature. Clarification or correction is requested.
Claims 11-16: As outlined above, claim 9 was amended to add three different directions into the claim. Claim 9 also recites “a sliding direction”; however, each of these claims then recites “a sliding direction”. Are these the same or different? For examination purposes, the claim will be treated as reciting “the sliding direction”. Clarification or correction is requested.
Claim 17: still recites “storable” in the third clause; however, it is unclear if applicant is 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”. Clarification or correction is requested.
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 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) 1-16, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Seidler (US 20230284767) in view of Boye (US 9265325).
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.
Seidler discloses the invention essentially as claimed except for the front and back recessed portions facing in opposite directions. Boye, however, teaches a cosmetic container (10) including a container body (14) with at least one cosmetic dish (16) detachably stored in the container body (see Figs 1-2), which includes a front surface side recessed portion (16a) capable of storing a cosmetic item and a back surface side recessed portion (16c, see Fig 1B) that have different volumes (see Figs 1-2) and the front surface side recessed portion faces in an opposite direction from the back surface side recessed portion (see Figs 1-2). In other words, Boye teaches providing cosmetic containers with multiple cosmetic dishes with the recessed portions on a front and back, surface side facing in opposite directions as an obvious matter of design choice in the cosmetic container art. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the cosmetic container of Seidler, by providing the first and second recessed portions facing in opposite directions in view of Boye as an obvious matter of design choice as taught by Boye.
Claim 2: modified Seidler discloses the invention of claim 1 and Seidler further discloses the cosmetic dish includes a common wall portion between the front surface side recessed portion and the back surface side recessed portion (see annotations) and forming a border that separates these pans/portions. The proposed modification would also result in this border wall remaining intact. So modified Seidler teaches these limitations.
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Claims 3-4: modified Seidler discloses the invention of claim 1 and Seidler further discloses 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: modified Seidler discloses the invention of claim 1 and Seidler further discloses 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.
Seidler discloses the invention essentially as claimed except for the front and back recessed portions facing in opposite directions. Boye, however, teaches a cosmetic container (10) including a container body (14) with at least one cosmetic dish (16) detachably stored in the container body (see Figs 1-2), which includes a front surface side recessed portion (16a) capable of storing a cosmetic item and a back surface side recessed portion (16c, see Fig 1B) that have different volumes (see Figs 1-2) and the front surface side recessed portion faces in an opposite direction from the back surface side recessed portion (see Figs 1-2). In other words, Boye teaches providing cosmetic containers with multiple cosmetic dishes with the recessed portions on a front and back, surface side facing in opposite directions as an obvious matter of design choice in the cosmetic container art. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the cosmetic container of Seidler, by providing the first and second recessed portions facing in opposite directions in view of Boye as an obvious matter of design choice as taught by Boye.
Claim 10: modified Seidler discloses the invention of claim 9 and Seidler further discloses 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: modified Seidler discloses the invention of claim 9 and Seidler further discloses 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: modified Seidler discloses the invention of claim 9 and Seidler further discloses 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, as best understood, is/are rejected under 35 U.S.C. 103 as being obvious over Anderson (US 20080000493) in view of Seidler (US 20230284767).
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 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) and the front surface recess faces in the opposite direction of the rear surface recess. 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).
Anderson discloses the invention essentially as claimed except for the lid sliding longitudinally relative to the container body. Seidler, however, teaches a cosmetic container with a container body (300+500) joined to a lid (200) wherein the lid is both hinged and slidable relative to the container body (see Figs 1-6) in order to allow for clear opened and closed positions of the lid relative to the container during use [0023]. In other words, Seidler teaches that it is beneficial to modify a regular pivoting hinge by providing it as a sliding and pivoting hinge arrangement in order to make accessing the cosmetics easier in use. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the container of Anderson by providing the lid to slide and pivot relative to the container body in view of Seidler in order to make accessing the cosmetics in use easier by having a locked open position of the container.
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Response to Arguments
Applicant's arguments filed 8/12/26 have been fully considered but are moot because a new ground of rejection was required due to applicant’s amendments to the claims, rendering these arguments moot.
Conclusion
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-Friday 10:00am-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.
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/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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