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
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)(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) 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shochat (US 6343886).
Regarding claim 19, Shochat discloses a method of assembling a cosmetic product, the method comprising: providing a cup (62) including a cup body having a first body end, a second body end, an inner sidewall forming a cup cavity, and at least one retention member (68) disposed on the inner sidewall of the cup body and extending into the inner sidewall, the at least one retention member further extending a width around a periphery of the inner sidewall; inserting a cosmetic substance (30) having a first end, a second end, and an elongated body therebetween into the cup cavity of the cup such that at least a portion of the cosmetic substance enters the at least one retention member (due to the softness of the cosmetic); and at least partially disposing the cup within a container cavity of an inner body (Fig. 5).
Regarding claim 20, Shochat discloses the method of claim 19, wherein the cup further includes a secondary retention member (37) disposed on the inner sidewall of the cup body, the secondary retention member extending into the cup cavity, the secondary retention member adapted to urge at least a portion of the cosmetic substance into the at least one retention member (the ribs 32 will displace some of the cosmetic toward the recesses 68).
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 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) 1-4, 6, 8, 10-13, 15, 17, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shochat in view of Gelardin (US 2318152).
Regarding claim 1, Shochat teaches a cup for retaining a cosmetic substance, the cup comprising: a cup body (62) having a first end, a second end, and an inner sidewall forming a cup cavity (see Fig. 6) adapted to receive the cosmetic substance, the cup body extending along a longitudinal axis between the first and the second ends (Fig. 6); and at least one retention member (68) adapted to retain the cosmetic substance therein (), the at least one retention member disposed on the inner sidewall of the cup body and extending into the inner sidewall, the at least one retention member extending a width around a periphery of the inner sidewall (Fig. 6); and at least one secondary retention member (32) disposed on the inner sidewall of the cup body and extending into the cup cavity, the secondary retention member being positioned adjacent to the at least one retention member (Fig. 6).
Shochat does not teach that the secondary retention mechanism comprises an elongated notch extending in a direction generally parallel to the longitudinal axis, the elongated notch including an extension extending inward from the inner sidewall into the cup cavity and a notch contact face extending generally perpendicular to the extension.
Gelardin teaches a retention mechanism (47) that comprises an elongated notch (defined by 57 and 59) extending in a direction generally parallel to the longitudinal axis, the elongated notch including an extension (58) extending inward from the inner sidewall into the cup cavity and a notch contact face (57) extending ‘generally perpendicular’ to the extension.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the secondary retention members of Shochat with an elongated notch extending in a direction generally parallel to the longitudinal axis, the elongated notch including an extension extending inward from the inner sidewall into the cup cavity and a notch contact face extending generally perpendicular to the extension as taught by Gelardin for the purpose of better anchor the cosmetic in cup (Gelardin, pg. 2, col. 1, ll. 23-29).
Regarding claim 2, the combination of Shochat and Gelardin teaches the cup of claim 1, wherein the at least one retention member includes a plurality of recesses extending inwardly into the inner sidewall in an axial pattern (Shochat Fig. 6).
Regarding claim 3, the combination of Shochat and Gelardin teaches the cup of claim 1, wherein the at least one retention member includes a plurality of recesses extending inwardly into the inner sidewall in a radial pattern about the periphery of the inner sidewall (Shochat Fig.6 shows two sets of recesses approximately 180° apart from each other about the circumference of the inner sidewall).
Regarding claim 4, the combination of Shochat and Gelardin teaches the cup of claim 1, wherein the at least one retention member includes an upper ledge surface (Shochat Fig. 6) that cooperates with the inner sidewall to define an undercut region.
PNG
media_image1.png
278
433
media_image1.png
Greyscale
Regarding claim 6, the combination of Shochat and Gelardin teaches the cup of claim 1, wherein the elongated notch has a first end positioned at or near the first end of the cup having a first width, a second end having a second width positioned at or near the second end of the cup and, wherein the second width is greater than the first width thereof (the notches taught by Gelardin have a greater width at the lower end of the notch due to the dihedral shape of tongues 47).
Regarding claim 8, the combination of Shochat and Gelardin teaches the cup of claim 1, wherein the extension and the notch contact face cooperate to define a ‘channel region’ (Gelardin, space bounded by 57 and 59).
Regarding claim 10, Shochat discloses a cosmetic product container (50) comprising: an inner body (52) having a first end and a second end and defining a container cavity; a cup (62) adapted to be at least partially disposed within the container cavity, the cup including: a cup body having a first body end, a second body end, and an inner sidewall forming a cup cavity, the cup body extending along a longitudinal axis between the first and the second ends, at least one retention member (68) disposed on the inner sidewall of the cup body and extending into the inner sidewall, the at least one retention member extending a width around a periphery of the inner sidewall (Fig. 6), and at least one secondary retention member (32), the secondary retention member being positioned adjacent to the at least one retention member; and a cosmetic substance (30) having a first end, a second end, and an elongated body therebetween, wherein at least a portion of the elongated body is disposed within the cup cavity (Fig. 3) and within the at least one retention member (pressure on the cosmetic would force a portion into the retention member of Shochat).
Shochat does not teach that the secondary retention mechanism comprises an elongated notch extending in a direction generally parallel to the longitudinal axis, the elongated notch including an extension extending inward from the inner sidewall into the cup cavity and a notch contact face extending generally perpendicular to the extension.
Gelardin teaches a retention mechanism (47) that comprises an elongated notch (defined by 57 and 59) extending in a direction generally parallel to the longitudinal axis, the elongated notch including an extension (58) extending inward from the inner sidewall into the cup cavity and a notch contact face (57) extending ‘generally perpendicular’ to the extension.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the secondary retention members of Shochat with an elongated notch extending in a direction generally parallel to the longitudinal axis, the elongated notch including an extension extending inward from the inner sidewall into the cup cavity and a notch contact face extending generally perpendicular to the extension as taught by Gelardin for the purpose of better anchor the cosmetic in cup (Gelardin, pg. 2, col. 1, ll. 23-29).
Regarding claim 11, the combination of Shochat and Gelardin teaches the cosmetic product container of claim 10, wherein the at least one retention member includes a plurality of recesses extending inwardly into the inner sidewall in an axial pattern (Shochat Fig. 6).
Regarding claim 12, the combination of Shochat and Gelardin teaches the cosmetic product container of claim 10, wherein the at least one retention member includes a plurality of recesses extending inwardly into the inner sidewall in a radial pattern about the periphery of the inner sidewall (Shochat Fig.6 shows two sets of recesses approximately 180° apart from each other about the circumference of the inner sidewall).
Regarding claim 13, the combination of Shochat and Gelardin teaches the cosmetic product container of claim 10, wherein the at least one retention member includes an upper ledge surface (Shochat Fig. 6) that cooperates with the inner sidewall to define an undercut region.
PNG
media_image2.png
278
433
media_image2.png
Greyscale
Regarding claim 15, the combination of Shochat and Gelardin teaches the cup of claim 10, wherein the elongated notch has a first end positioned at or near the first end of the cup having a first width, a second end having a second width positioned at or near the second end of the cup and, wherein the second width is greater than the first width thereof (the notches taught by Gelardin have a greater width at the lower end of the notch due to the dihedral shape of tongues 47).
Regarding claim 17, the combination of Shochat and Gelardin teaches the cup of claim 10, wherein the extension and the notch contact face cooperate to define a ‘channel region’ (Gelardin, space bounded by 57 and 59).
Regarding claim 21, the combination of Shochat and Gelardin teaches the cosmetic product container of claim 10, wherein the notch contact face and the extension are adapted to direct the cosmetic into the at least one retention member (the notch of Gelardin causes a portion of the lipstick to move radially outward which is where the retention member of Shochat is located).
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shochat and Gelardin as applied to claims 1 and 10 above, and further in view of Hurlburt (US 2003/0108376).
Regarding claims 9 and 18, the combination of Shochat and Gelardin teaches the cup of claim 1 the container of claim 10, respectively, further comprising a floor member (Shochat 64), the floor member defining an opening (Shochat Fig. 6).
Shochat does not teach that the opening is surrounded by a frustoconical surface.
Hurlburt teaches a cup with a floor member with an opening surrounded by a frustoconical surface (50).
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the floor member of Shochat with a frustoconical surface as taught by Hurlburt for the purpose of providing an additional retention means for securing the cosmetic to the floor member (Hurlburt, ¶0022).
Response to Arguments
Applicant's arguments filed 05 September 2025 have been fully considered but they are not persuasive.
Applicant argues that Shochat does not teach a retention member as recited in claims 1 and 10.
In response, it is noted that the teeth 68 of Shochat define areas that extend into the inner sidewall. Applying pressure to the semisolid stick would deform a portion of the stick into these areas.
Applicant argues that Gelardin does not teach a retention member extending into the inner sidewall of the cup.
In response, it is noted that the Shochat reference is relied upon to teach this feature.
Applicant argues that Hurlburt is uncombinable with Shochat. Applicant’s reasoning on this point is unclear, but appears to argue that Hurlburt requires that the semisolid stick be movable up and down and the Shochat reference requires the stick to be arrested or locked in position.
In response, it is first noted that both Hurlburt and Shochat describe devices that allow the projection and retraction of a semisolid stick. Furthermore, Applicant has not pointed out how the combination of Shochat and Hurlburt would eliminate the purpose of either reference.
Applicant argues that Hurlburt teaches away from the claims.
In response, it is noted that Hurlburt does not criticize, discredit, or otherwise discourage the solution claimed. Hurlburt teaches an alternative to many of the claim limitations, but that is not a teaching away from the claims.
Applicant argues that Hurlburt does not teach a retention member or a secondary retention member.
In response, it is noted that Shochat and Gelardin are relied upon to teach these features.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY S OLIVER whose telephone number is (571)270-3787. The examiner can normally be reached Monday-Friday, 7-3 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571)270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRADLEY S OLIVER/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754