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
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20180116371) and Kendall (US 1597378).
Regarding claims 1, 2 and 5, Kim et al. disclose a cosmetic container (Refer to Figures 1-13), comprising:
a housing (70,80) comprising an upper lid (80) and a lower lid (70), wherein a first one side of the upper lid and one a first side of the lower lid are hinged to each other, the other a second side of the upper lid and the other a second side of the lower lid each are an open side, and the open side is configured to be locked and unlocked (via latch 72);
a powder tray (12), wherein the powder tray (12) and a pump seat (11) are fixedly combined and form an annular chamber (chamber housing powder), cosmetic powder (cosmetic in chamber is powder, Refer to paragraph 0104) is provided in the annular chamber, a piston (13) seals and covers an opening of the annular chamber, the piston is configured to slide on an inner wall of the annular chamber in a sealing manner, a pump body (25) is nested in a center of the pump seat, a unidirectional pump valve (27) communicated with the annular chamber is provided at a bottom of the pump seat, the pump valve (27) is configured to allow the cosmetic powder to only flow out of the annular chamber unidirectionally (Refer to paragraph 0069); two oblique protrusion (protrusions at outer bottom portions of 12 which create a seat or engagement for the sidewall portion of 11, best shown in Figures 4 and 8) symmetrically provided at a bottom of the powder tray;
an inner lid (40,50,60) detachably covering an upper aperture of the lower lid, wherein the inner lid and the lower lid are fixed relatively, the powder tray and the pump seat are axially and movably limited in a space under the inner lid, a powder outlet (51) is formed in a top of the inner lid, a pump pressure rod (30) is fixedly provided at a bottom of the inner lid, the pump pressure rod (30) is configured to move along an axial direction in an inner ring of the pump seat (11), a hollow pump connecting rod (22) is fixedly provided in a center of the pump pressure rod (30), a side of the hollow pump connecting rod away from the inner lid is provided with a powder inlet (222), the powder inlet (222) is communicated with a hollow portion (221) of the hollow pump connecting rod (33), the powder outlet (51) is communicated with the powder inlet (222) through the hollow portion of the hollow pump connecting rod, an end of the hollow pump connecting rod (22) away from the inner lid is provided with a limit protrusion (223), a pump piston (24) is slidably sleeved on the hollow pump connecting rod (22), the limit protrusion (332) is configured to stop the pump piston (24) from sliding out of the hollow pump connecting rod (33), the pump piston (24) is configured to close and open the powder inlet (222), the inner ring of the pump seat (11) is slidably sleeved on the pump piston (34), a pump spring (26) is further provided, one a first end of the pump spring (25) elastically abuts against the pump pressure rod (30), and the other a second end of the pump spring is fixed.
However, Kim et al. do not disclose a button assembly comprising a button seat, a button spring, and a button, wherein the button seat is provided at a bottom of the lower lid, the button is slidably provided on the button seat, a first end of the button is provided in the open side of the lower lid, the other a second end of the button is configured to stretch into a space under the oblique protrusion, and the button spring is provided between the button seat and the button, wherein a side of the lower lid is provided with a button aperture; and a first end of the button is provided at the button aperture, and a second end of the button is configured to stretch into the space under the oblique protrusion.
Kim et al. provides a button assembly (72) for releasing the upper and lower lids and convey the need to remove the powder dispensing assembly from the lower lid to permit replacement with a new one (e.g. when powder has been exhausted), where this is achieved providing an opening 71 in the bottom of the lower lid, where a portion of the assembly is exposed through the opening and a user pushes the exposed portion to remove the assembly from the lower lid (Refer to paragraph 0120). It is well-known and conventional for the button mechanism which releases the lid to also function to remove the assembly as demonstrated by Kendall (published in 1926). The cosmetic container of Kendall includes a lower lid (1) where a cometic product assembly (3) is disposed within the lower lid and a button assembly (7,8,9,10,11,12, Refer to Figures 4-6 and 9-10) is provided to both engage and disengage the upper and lower lids and remove the assembly. Kendall teaches the button assembly includes a button seat (portion of 3 accommodating button), a button spring (10,11) and a button (12,9,16) where the button seat is at a bottom of the lower lid, the button (12,9,16) is slidably provided on the button seat, a first end (end near 12) of the button is provided in the open side of the lower lid, a second end of the button (end near 16) is configured to stretch into a space under the assembly, and the button spring is provided between the button seat and the button. A side of the lower lid is provided with a button aperture (aperture through which 12 extends); and a first end of the button is provided at the button aperture, and a second end of the button is configured to stretch into the space under the assembly. Kendall thereby integrates both features in a single mechanism, where the removal of the assembly is facilitated via this configuration as the user does not have to exert as much force as would be needed to overcome a friction or interference fit (such as that provided by Kim et al.). It would obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the container of Kim to include the claimed button assembly configuration as Kendall demonstrates this button configuration is well-known in the art and provides the benefit of combining the opening/closing mechanism and the assembly removal mechanism in a single mechanism while also facilitating removal of the cosmetic assembly via the push button configuration. The combination of Kim et al. and Kendall provide a second end of the button being configured to stretch into a space under the oblique protrusions as the protrusions are on a portion adjacent the button and the button would slide thereunder.
Regarding claim 3, the combination of Kim et al. and Kendall disclose the cosmetic container of claim 1 above, Kim et al. further disclose the inner lid is elastically and detachably clamped at the upper aperture of the lower lid (Refer to Figures 2, 4, 8 and 12).
Regarding claim 4, the combination of Kim et al. and Kendall disclose the cosmetic container of claim 1 above, Kim et al. further disclose second end of the pump spring (26) elastically abuts against the pump body (25) (Refer to Figures 4 and 8).
Regarding claim 6, the combination of Kim et al. and Kendall disclose the cosmetic container of claim 1 above, Kim et al. further disclose the inner lid is elastically clamped with the lower lid through a fastener (62) (Refer to Figures 4 and 8).
Regarding claims 7-12, the combination of Kim et al. and Kendall disclose the cosmetic container of claims 1-6 above, Kim et al. further disclose an inner bottom of the upper lid is provided with a mirror (81).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799