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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/26/2026 has been entered.
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 (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 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)(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, 3-12, 17-21, and 13-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by MEDICOS IZERNORE (WO 2023/139336) (previously cited).
Regarding Claim 1
MEDICOS IZERNORE teaches a container for cosmetics (Fig. 1-3, 4b, and 5b), the container comprising: an outer cup (2) having a first receptacle in communication with an outside of the outer cup by a first opening (shown at 21), the first opening being defined by an axial front end of the outer cup; and an inner cup (1) being insertable in an insertion direction through the first opening into the first receptacle and being removable from the outer cup in a removing direction, the removing direction being opposite the insertion direction, the inner cup comprising a second receptacle configured to retain cosmetics, the second receptacle being in communication with an outside of the inner cup by a second opening; wherein: the outer cup comprises a recess (2412), an indentation (2411), and a first protrusion (25), i) the recess (2412) being recessed inward from an outer wall of the outer cup in a radial direction of the container, the radial direction being substantially perpendicular to the insertion direction, and the recess being open in the removing direction so as to be in communication with the axial front end, ii) the indentation (2411) being adjacent to the recess in a circumferential direction of the container and being separated from the axial front end in the removing direction by a land (shown at 2410), and iii) the first protrusion (25) protruding outwards in the radial direction and being at a transition from the recess to the indentation; the inner cup comprises a flange (12), a tongue (shown at 13), a tab (shown below – Fig. 5a), and a depression (Fig. 4b shown below, inasmuch as Applicant shows in their figures), i) the flange (12) surrounding the second opening and protruding outwards in the radial direction, ii) the tongue (shown at 13) projecting axially in the insertion direction from the flange, iii) the tab (shown below) being integrally formed with the tongue, being spaced apart from the flange in the insertion direction by a gap, and protruding from the tongue in the circumferential direction, and iv) the depression (shown below) being recessed outwards in the radial direction in the tab; and the inner cup is engageable with the outer cup by an engagement of the first protrusion and the depression (Pg. 6-9).
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Regarding Claim 3
MEDICOS IZERNORE teaches the outer cup (2) is made from glass material.
Regarding Claim 4
MEDICOS IZERNORE teaches the inner cup (1) is disposable and the outer cup (2) is reusable.
Regarding Claim 5
MEDICOS IZERNORE teaches the inner cup (1) is engageable with the outer cup (2) by rotation in the circumferential direction, when viewing the container in the insertion direction, as can be seen in the figures above.
Regarding Claim 6
MEDICOS IZERNORE teaches the inner cup (1) comprises a second protrusion (shown below) on its outer wall and adjacent to the flange (12), the second protrusion protruding outwards in the radial direction; at least one of the second protrusion and the outer cup is made from a flexible material; and an outer diameter of the inner cup at the second protrusion is larger than an inner diameter of the first opening.
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Regarding Claim 7
MEDICOS IZERNORE teaches the outer cup (2) comprises at least two recesses (2412), two indentations (2411), and two first protrusions (25); and the inner cup (1) comprises at least two flanges (12), two tongues (shown at 13), two tabs (shown above), and two depressions (shown above), as can be seen in the figures above.
Regarding Claim 8
MEDICOS IZERNORE teaches the tongues (shown at 13) have dimensions in the insertion direction and in the circumferential direction sufficiently large to be grippable by a user so as to serve as a designated gripping portion.
Regarding Claim 9
MEDICOS IZERNORE teaches the outer cup (2) comprises a second protrusion (23) configured to engage with a cap (3); and the second protrusion is located adjacent to the recess (2412), the indentation (2411), and the first protrusion (25) in the circumferential direction, and overlaps, in the insertion direction, the recess, the indentation, and/or the first protrusion.
Regarding Claim 10
MEDICOS IZERNORE teaches the second protrusion (23) is an external thread.
Regarding Claim 11
MEDICOS IZERNORE teaches the second protrusion (23) overlaps the recess (2412), the indentation (2411), and the first protrusion (25) in the insertion direction.
Regarding Claim 12
MEDICOS IZERNORE teaches the outer cup (2) comprises a neck (22) in which the first opening is formed, and the second protrusion (23), the recess (2412), the indentation (2411), and the first protrusion (25) are arranged on the neck.
Regarding Claim 17
MEDICOS IZERNORE teaches the indentation (2411) is separated from the recess (2412) in the circumferential direction by the first protrusion (25).
Regarding Claim 18
MEDICOS IZERNORE teaches the first protrusion (25) extends, in the insertion direction, between the land (shown at 2410) and an edge of the recess opposite the land in the insertion direction, as can be seen in Fig. 2 above.
Regarding Claim 19
MEDICOS IZERNORE teaches the first protrusion (25) connects the land (shown at 2410) and an edge of the recess opposite the land in the insertion direction, as can be seen in Fig. 2 above.
Regarding Claim 20
MEDICOS IZERNORE teaches the first protrusion (25) is recessed radially inward with respect to the land (shown at 2410) and the outer wall of the outer cup, as can be seen in Fig. 2 and 5b above.
Regarding Claim 21
MEDICOS IZERNORE teaches the depression (shown above) is configured to receive the first protrusion (25) therein in an engaged state of the inner cup and the outer cup, as can be seen in Fig. 5b above.
Regarding Claim 13
MEDICOS IZERNORE teaches a method for releasably coupling an outer cup and an inner cup of a container (see above), the method comprising: providing the inner cup (1) and the outer cup (2); inserting the inner cup into the outer cup in an insertion direction (Dinsert) through a first opening of the outer cup until a flange (12) of the inner cup abuts an axial front end of the outer cup; and rotating the inner cup in an engagement direction (Dlock) until a protrusion (25) of the outer cup is arranged in a depression (shown above) of the inner cup, wherein the rotating the inner cup in the engagement direction includes elastic deformation, outwards in the radial direction, of a tongue (13) of the inner cup (Pg. 6-9).
Regarding Claim 14
MEDICOS IZERNORE teaches the inserting of the inner cup (1) includes elastic deformation of the inner cup (Pg. 8).
Regarding Claim 15
MEDICOS IZERNORE teaches the rotating is performed in a clockwise direction, when the container is viewed in the insertion direction; and/or by gripping at least two tongues (13) of the inner cup.
Regarding Claim 16
MEDICOS IZERNORE teaches the rotating of the inner cup (1) until the protrusion (25) is arranged in the depression (shown above) further: generates a sound capable of notifying a user that the inner and outer cups are securely coupled (i.e. via snap connection).
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) 13, 14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (KR 102164827) (attached with translation) (hereinafter Song).
Regarding Claim 13
Song teaches a method for releasably coupling an outer cup and an inner cup of a container (below – Fig. 2, 5, 6), the method comprising: providing the inner cup (20) and the outer cup (10); inserting the inner cup into the outer cup in an insertion direction through a first opening (shown at S1) of the outer cup until a flange (22) of the inner cup abuts an axial front end (101) of the outer cup; and rotating the inner cup in an engagement direction until a protrusion (150 158) of the outer cup is arranged in a depression (244a) of the inner cup, wherein the rotating the inner cup in the engagement direction includes elastic deformation, outwards in a radial direction, of: a tongue (240) of the inner cup (translation, Pg. 3-6).
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Regarding Claim 14
Song teaches the inserting of the inner cup includes elastic deformation of the inner cup (20), and/or outer cup (10).
Regarding Claim 16
Song teaches the rotating of the inner cup (20) until the protrusion (150 and 158) is arranged in the depression (244a) further: generates a sound capable of notifying a user that the inner and outer cups are securely coupled (i.e. via snap connection).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over MEDICOS IZERNORE as applied to claim 1 above, and further in view of Coeur et al. (US 2024/0245195) (hereinafter Coeur).
Regarding Claim 2
MEDICOS IZERNORE teaches all the limitations of claim 1 as shown above. MEDICOS IZERNORE further teaches at least one of the inner cup, the tongue, and the tab is made from plastic. However, MEDICOS IZERNORE does not specifically teach at least one of the inner cup, the tongue, and the tab is made from polypropylene
Coeur teaches a container for cosmetics (below – Fig. 1), the container comprising: an outer cup (2) having a first receptacle in communication with an outside of the outer cup by a first opening, the first opening being defined by an axial front end of the outer cup; and an inner cup (3) being insertable in an insertion direction through the first opening into the first receptacle and being removable from the outer cup in a removing direction, the removing direction being opposite the insertion direction, the inner cup comprising a second receptacle configured to retain cosmetics, the second receptacle being in communication with an outside of the inner cup by a second opening; wherein the inner cup (3) is made from polypropylene; and the outer cup (2) is made from a glass material (Paragraphs [0046], [0080], [0081]).
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MEDICOS IZERNORE and Coeur are analogous inventions in the field of containers for cosmetics having inner and outer cups. It would have been obvious to one skilled in the art at the time of filing to modify the materials of the inner cup of MEDICOS IZERNORE with the teachings of an inner cup made of polypropylene as it is a well-known plastic material used in cosmetics. See MPEP 2143(I)(B).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With regards to the Applicant’s claim amendments stating that the inner container has a depression, as opposed to a second protrusion, the prior art has been interpreted as best the Examiner can understand based on what is shown in the Applicant’s figures.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER CASTRIOTTA whose telephone number is (571)270-5279. The examiner can normally be reached Monday - Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER CASTRIOTTA/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 15 September 2026
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