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 § 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) 1-7, 9 11, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bella et al. (US 2004/0119297).
Bella et al. discloses a cosmetic package, comprising a container (10) including a base (60) surrounded by three or more walls (24,26,28) extending upright from the base and an opening (54) between two opposite walls; a leaf spring (110) having a convex side and a concave side, wherein a first end of the leaf spring is attached to an interior side of a wall between the two opposite walls, and a second end of the leaf spring is connected to a sliding button (92), wherein the convex side of the leaf spring faces toward the opening; and a tray (14) within the container, wherein a first wall of the tray is adjacent to the convex side of the leaf spring (see Figures 1-4). Claim 2, the sliding button (92) is constrained to slide between a first position and a second position, the leaf spring is relaxed without spring compression with the button in the first position, and the leaf spring is compressed with the button in the second position (see Figures 5-7). Claim 3, the tray (14) extends outside of the opening with the button in the second position (see Figure 3). Claim 4, the sliding button includes a first latch (66) and the tray includes a second latch (20), the first latch and the second latch are engaged with the button in the first position (see Figure 6). Claim 5, the tray extends outside the opening and the spring is relaxed without compression with the button in the first position (see Figures 1-3). Claim 6, the sliding button includes a catch that limits the movement of the sliding button (see Figure 6). Claim 7, the sliding button includes a lower rail (68) engaged with a rail on the base of the container for guiding the button when sliding from the first position to the second position and back to the first position (see Figures 5-7). Claim 9, the tray includes a horizontal flange (98) attached to an upper edge of the first wall, wherein the flange includes a first latch (94) that engages with a second latch on the button (see Figure 4). (Claim 11, the convex side and the concave side of the leaf spring (110) are perpendicular to the base and the leaf spring is configured to bend in a plane parallel to the base during compression and relaxing (see Figure 4). Claim 13, six sides, wherein the base is at a first side, a first and second wall are at two opposite second and third sides, a third wall and the opening are at two opposite fourth and fifth sides, and a cover (32) opposite from the base is at a sixth side, the cosmetic package having an interior cavity containing the tray including one or more pans and the leaf spring (see Figures 1-4). Claim 14, the interior of the two opposite walls include a rail (68) that fits within a groove on sides of the tray (98). Claim 15, a pan holder, wherein the pan holder includes a plurality of pans, each pan including a formulation (see Figure 1).
Allowable Subject Matter
Claims 8, 10, 12, and 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
8/8/2025