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 Objections
Claims 1,6,8,9,10,11,13,16,17 are objected to because of the following informalities:
In claim 1, line 6, --the—should be inserted before “base”.
In claim 1, line 17, --is—should be inserted after “member”.
In claim 6, line 4, “abut” should be –abuts--.
In claim 8, line 3, --the—should be inserted after “wherein”.
In claim 9, line 3, --a—should be inserted before “peripheral”.
In claim 10, line 1, --an—should be inserted after “on”.
In claim 11, line 2, --an—should be inserted after “on”.
In claim 13, line 6, --the—should be inserted after “with”.
In claim 13, line 17, --is—should be inserted after “member”.
In claim 13, line 30, “grooves” should be –groove--.
In claim 13, line 30, --the—should be inserted after “that”.
In claim 13, line 35, --the—should be inserted after “between”.
In claim 16, line 6, --the—should be inserted after “with”.
In claim 16, line 25, “grooves” should be –groove--.
In claim 16, line 25, --an—should be inserted before “upper”.
In claim 16, line 28, --the—should be inserted after “between”.
In claim 17, line 1, --is—should be inserted after “member”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-8,10,11,13-15,20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 2, line 2, “the peripheral edge” has no prior antecedent basis. It appears that “the” should be changed to –a--.
In claim 5, line 5, “the upward travel” has no prior antecedent basis.
In claim 6, line 2, “the inner surface of the bottom wall” has no prior antecedent basis. It appears that “the inner surface” should be –an inner surface--.
In claim 7, line 6, “the open…position” has no prior antecedent basis.
In claim 10, line 6, “the locking projections” has no prior antecedent basis.
In claim 11, line 6, “the unlocked and open position”.
In claim 13, line 21, “the sidewall of the inner tray” has no prior antecedent basis.
In claim 13, line 26, “the outer cover around is rotated” is unclear.
In claim 13, line 36, “the cosmetic product stored in the inner tray” has no prior antecedent basis. It appears that this should be amended to read –a cosmetic product, when stored in the inner tray--.
In claim 20, lines 1 and 2, “the two axial guide grooves” has no prior antecedent basis.
Allowable Subject Matter
Claims 1,9,12,16-19 are allowed.
Claims 2-8,10,11,13-15,20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The claims in this application have not been rejected with prior art because the prior art of record fails to disclose either singly or in combination, an airtight cosmetic container comprising all of the limitations recited in independent claims 1, 13 and 16, specifically the combination of a base assembly as recited, a cover assembly pivotally and rotatably coupled to the base assembly with the cover assembly including an outer cover, an inner cover and a gasket, the inner cover being pivotally connected with the base assembly, the outer cover rotatably connected to the base assembly, and the outer cover having a limited rotational movement in relation to the inner cover; the gasket being coupled to an inner surface of the inner cover and an upper rim of the inner tray abutting the gasket to provide an airtight seal with the compact is in a closed and locked position, the inner tray accommodated at least partially within the base part and the inner tray being movable axially relative to the base part with the outer cover is twisted to open or close the compact as recited in claims 1, 13 and 16, and further including an elastic member positioned between the inner tray and the base part to elastically bias the inner tray in an upward direction as recited in claims 1 and 13, and further including two lugs on an inner surface of a sidewall of the outer cover, diametrically opposite to each other, an outer surface of the sidewall of the inner tray including camming ramps, each of the camming ramps having an inlet groove part, an inclined groove part and a locking protrusion formed near a lower end of the inclined groove part, wherein to close the compact, the outer cover is rotated around a central axis, causing the two lugs to enter the camming ramps via the inlet groove parts, with further rotation of the outer cover moving the two lugs along the inclined groove parts to push the inner tray upward so that an upper rim of the inner tray abuts the gasket, wherein when the two lugs reach lower ends of the camming ramps, the two lugs override the locking protrusions, locking the cover assembly and creating an airtight seal between the upper rim of the inner tray and the gasket, as recited in claim 16.
The following prior art cited shows the current state of the art:
Pires et al 20110048443 discloses a compact that utilizes a spring loaded reservoir, but does not disclose a cover assembly having the specifics of the claimed inner cover, outer cover and gasket as claimed.
Kim 20150320174 discloses a compact having inner and outer covers that are both pivotally connected, as well as a sealing ring, but does not disclose the outer cover rotatably connected with the base assembly, nor discloses a spring loaded reservoir.
Dinata et al 20180177277 discloses a compact having inner and outer covers that are both pivotally connected, but does not disclose the outer cover rotatably connected with the base assembly, nor discloses a spring loaded reservoir.
Lee 20200170375 discloses an example of a compact with a rotatably outer cover, but does not disclose a pivotally attached inner cover.
Other prior art cited show various examples of airtight cosmetic containers and containers that utilize a seal or gasket.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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