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 .
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5, 7, and 10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mason (GB 2224994) in view of Huang (US 2021/0078784)
Regarding Claim 1, Mason teaches a cosmetic container (cosmetic display case 10), comprising:
a box (cosmetic display case 10) made of paper (top paragraph of page 4: outer board 28 of the box is made of plastic covered cardboard) including a lid (cover portion 14), a base (base portion 12), a flexible bending member interconnecting the lid and the base (spine portion 16), a support disposed on an inner surface of the base (array 20, shown in Figure 3 to sit on top of board 28 and described in first paragraph on page 4), and at least one first temporary fastening member (patch 30 of material forming one part of a two-part retaining means) disposed on a top surface of the support (Figure 3; paragraph at top of page 4); and
at least one storing member (compacts 24, 25) including a second temporary fastening member (felt or felt-like portion 40 of the Velcro fastening material) on an underside configured to temporarily secure to the at least one first temporary fastening member so that the at least one storing member is configured to removably secure to the support (Figure 3; bottom paragraph of page 4 through second paragraph of page 5), at least one receptacle (well containing cosmetic material 44 in base 36 of compacts 24,25).
Mason does not explicitly teach a through hole through a bottom of the receptacle or a corresponding through hole through the second temporary fastening member. Additionally, the cosmetic container of Mason includes a lot of plastic in addition to the cardboard of the outer layer.
However, Huang, in the same field of endeavor of paper cosmetic containers (abstract), teaches a cosmetic container including a box made of paper (¶ 19-20) and at least one storing member (receiving member 16) including at least one receptacle (receptacle 161, Figure 1 shows version with 1 receptacle and Figure 7 shows version with multiple) having a through hole through a bottom thereof (through hole 18). Huang teaches a through hole in the bottom of the receptacle in order to allow for a used cosmetic box (20) or pan to be pushed out of the receptacle (¶ 9 and 26).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cosmetic container as taught by Mason to include a through hole at the bottom of the receptacles as taught by Huang so that the cosmetics in the storing members could be replaced as desired, such as when the cosmetic is fully consumed or a new color is desired, without having to replace the entire storing member (Huang ¶ 26). In order for this through hole taught by Huang to be effective, it would be obvious for the through hole to extend through the second temporary fastening member as well, since the hole of Huang is located in the middle of the receptacle which is the same place the second fastener of Mason is located and the second fastener of Mason covers almost the entire surface of the storing member below the receptacle (see cross section view in Mason Figure 3).
Additionally, Huang teaches that the entire box could be made of cardboard in order to allow the container to be recycled once the cosmetics are removed (¶ 9 and 26). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the entire box as taught by Mason out of paper as taught by Huang in order to make the container recyclable.
Regarding Claim 5, Mason and Huang teach the paper cosmetic container of claim 1, as presented above. While the support of Mason includes recesses, Huang also teaches a support (paper 14) between the base and the storing members. The support taught by Huang is a plate (paper 14; Figure 2). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the contoured support of Mason with the planar support of Huang. This is a simple substitution of one support having recesses with another that is planar, with both being known in the art.
Regarding Claim 7, Mason and Huang teach the paper cosmetic container of claim 1, as presented above. Mason teaches the cosmetic directly in the storing member, however Huang teaches at least one insert (cosmetic box 20) for containing a cosmetic product, the at least one insert configured to dispose in the at least one receptacle (Figure 8; ¶ 26). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cosmetic container as taught by Mason to include the insert in the storing member as taught by Huang. Such inserts or pans are well known in cosmetic containers, and Huang further teaches such an insert to make it easy to remove and replace the cosmetic as desired (Huang ¶ 26).
Regarding Claim 10, Mason and Huang teach the paper cosmetic container of claim 1, as presented above. Huang teaches the container further comprising a paper sheet disposed on an inner surface of the flexible bending member (paper 14 covers the inner surface of intermediate section 102, see Figure 2). The sheet of paper of Huang acts as both a support and a cover on the flexible bending member. Huang does not disclose that the sheet of paper disposed on the inner surface of the flexible bending member is a separate, additional piece of paper; however, use of a one piece structure or a multi-piece structure would be merely a matter of obvious engineering choice. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the paper cosmetic container of the combination of Mason and Huang such that the single sheet of paper forming the support is provided as separate sheets of paper, one at the base and one at the inner surface of the flexible being member, since it has been held that constructing formerly integral structures out of multiple elements involves only routine skill. Additionally, the sheet of paper of Huang spans the flexible bending member in order to provide addition support there.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Mason (GB 2224994) and Huang (US 2021/0078784) as applied to claim 1, and in further view of Quehl (US 2012/0067942).
Regarding Claim 2, Mason and Huang teach the paper cosmetic container of claim 1, as presented above. They do not explicitly teach a strap as in claim 2 to keep the container closed.
However, Quehl, in the related field of endeavor of paper products having a base, lid and mechanisms to keep such closed (abstract, Figure 14A-B), teaches a strap (elastic strap band 3) including a first half (portion of elastic strap band laying in groove 2b) disposed between a front portion of the base (bottom cover 2) and a front portion of the support (intermediate cover 9), and a second half disposed on a front portion of the lid (¶ 84). It is noted that the Quehl reference is interpreted in light of Applicant’s specification, i.e. Applicant's specification provides a band, 40, see Figure 3, wherein a first portion is disposed along a top surface of the lid and a second portion, opposite the first portion is disposed along an upper surface of the base. It is noted that the length of the portion of the band that is disposed along the lid is not actually half the band since a vertical portion of the band exists on both opposing sides of the lid, but rather a substantial half of the band is disposed about the lid and a substantially identical length/substantial half is disposed about the base; this configuration is the same as that taught by Quehl.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cosmetic container as taught by Mason and Huang to including the strap as a closing mechanism as taught by Quehl, since such a modification would have been a simple substitution of one mechanism for keeping the lid closed (clasp 18 taught by Mason) for another mechanism for keeping the lid closed (the elastic strap as taught by Quehl) with the predictable result of providing a releasable means of retaining the lid in a closed configuration.
Regarding Claim 3, Mason, Huang, and Quehl teach the paper cosmetic container of claim 2, as presented above. Quehl teaches the container further comprising a groove (2b) disposed in a front portion of the inner surface of the base (Figure 14A), the groove being configured to receive the first half of the strap (Figure 14A).
Quehl also teaches a version of the strap configuration (Figures 13A-C) where the strap is fully sandwiched between the intermediate cover 9 and the bottom cover 2 with a groove in the intermediate cover and the strap exiting out the sides rather than slits in the bottom cover. In such a configuration it would be obvious to one of ordinary skill in the art that the groove could instead be in the bottom cover rather than the intermediate cover still with the result of keeping the joining of the 2 covers level, without a bulge at the location of the strap.
Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Mason (GB 2224994) and Huang (US 2021/0078784) as applied to claim 1, and in further view of McGrath (US 2020/0047965)
Regarding Claim 4, Mason and Huang teach the paper cosmetic container of claim 1, as presented above. They do not explicitly teach a closure mechanism involving buttons and a strap wound around them.
However, McGrath, in the same field of endeavor paper cosmetic containers (abstract, ¶ 11), teaches a cosmetic container comprising a box (outer container 102) further comprising two buttons (flanges 110, 112) disposed on an outer surface of the lid (104) and an outer surface of the base respectively (bottom portion of outer container 102, see Figure 2) and a strap wound on the buttons (cord 114; Figures 1 and 2).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cosmetic container as taught by Mason and Huang to including the buttons and strap as a closing mechanism as taught by McGrath, since such a modification would have been a simple substitution of one mechanism for keeping the lid closed (clasp 18 taught by Mason) for another mechanism for keeping the lid closed (the buttons and strap as taught by McGrath) with the predictable result of providing a releasable means of retaining the lid in a closed configuration.
Regarding Claim 9, Mason and Huang teach the paper cosmetic container of claim 1, as presented above. They do not explicitly teach the container further comprising a packaging paper lining the storing member.
However, McGrath, in the same field of endeavor paper cosmetic containers (abstract, ¶ 11), teaches a cosmetic container comprising a storing member (outer container 102) that contains a cosmetic product in a body (¶ 69) and further comprising a sheet of packaging paper (inner container 302; described in ¶ 93-95 as being paper, tissue paper, or cardboard) disposed on a periphery, an inner surface, and an underside of the at least one storing member (Figure 4). McGrath teaches the packaging paper lining the storing member in order to protect the storing member from any spillage of the cosmetic product (¶ 94-95).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cosmetic container as taught by Mason and Huang to further include a sheet of packaging paper lining the storing member as taught by McGrath in order to protect the storing member from spills of the cosmetic product (McGrath ¶ 94-95).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mason (GB 2224994) and Huang (US 2021/0078784) as applied to claim 1, and in further view of Grzeszczak (WO 2008/074928).
Regarding Claim 6, Mason and Huang teach the paper cosmetic container of claim 1, as presented above. Mason further teaches wherein the support (array 20) includes a top depression (recesses 22, 23) for receiving the at least one storing member (compacts 24, 25; see cross sectional view in Figures 2 and 3). Mason and Huang do not teach the storing members further comprising a tab at a side.
However, Grzeszczak, in the same field of endeavor of containers for cosmetic materials (abstract), teaches the at least one storing member (tanks 3) further comprising a tab (gripping means 3d) at the side (Figures 4, 4a-c, 6). Grzeszczak teaches the tab on the storing member to facilitate removal from the packaging (translation page 9 third paragraph).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the paper cosmetic container as taught by Mason and Huang to further include tabs on the storing members as taught by Grzeszczak in order to facility removal of the storing members from the depression in the support (Grzeszczak translation page 9 third paragraph).
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Mason (GB 2224994) and Huang (US 2021/0078784) as applied to claim 1, and in further view of Shen (US 2021/0259386) and in further view of Knight (US 0489125).
Regarding Claim 8, Mason and Huang teach the paper cosmetic container of claim 1, as presented above. Mason further teaches the container comprising a mirror (32) secured directly to the inside surface of the lid, but neither Mason nor Huang teach storage for receiving the mirror.
However, Shen, in the same field of endeavor of paper cosmetic containers (abstract), teaches the cosmetic container (Figures 3 and 4) further comprising a mirror (5); and a storage disposed on an inner surface of the lid (Figures 3 and 4 show that cover portion 3 has a storage area with a mirror viewing hole 31 for mirror 3; ¶ 19), the storage including a space for receiving the mirror (flip cover gap32 is how the mirror is inserted into the space; ¶ 23), an end member at a first side (wall opposite side with flip cover gap 32), an opening (flip cover gap 32) at a second side opposing the end member.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cosmetic container taught by Mason and Huang to further include a removable mirror and storage area for such mirror as taught by Shen. One would be motivated to make the mirror being removable to make it easier to recycle the paper of the paper cosmetic container (Shen ¶ 12).
The cosmetic container as taught by Mason, Huang, and Shen does not explicitly teach the storage including two recesses at the end member and opening. Rather Shen teaches a pull tab for pulling the mirror from the storage container (flip cover drawing member 51).
However, it is common and well-known in the art to provide recesses at the ends of such storages as demonstrated by Knight (Figures 1-3). The storage of Knight has a recess at an opening thereof (see Figure 3 wherein a recess is disposed between edges b and c). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the paper cosmetic container of the combination of Mason, Huang, and Shen such that a recess is disposed at the opening, as taught by Knight, since such a modification would have involved simple substitution of one known element (a pull tab) for another known element (a recess) to achieve the predictable result of providing a means for grasping and sliding component from a container. Although Knight does not show an additional recess on the opposite side/second end member, mere duplication of parts has no patentable significance unless a new and unexpected result is produced. (MPEP 2144.04(VI)(B)). In the present claim, duplication of the recess on the first side/second end member does not produce a new and unexpected result. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an additional recess on the opposite/first side on the second end member, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been 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 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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/JENNIFER P CONNELL/Examiner, Art Unit 3772
/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799