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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 30 January 2026 has been entered.
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 and 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edmondson (US 12022929) in view of Axilone (FR 3017521 A1).
Regarding claim 1, Edmondson teaches a replaceable lip cosmetic container, comprising top cover (4), a tube body (2), a guide member (1) and a rotating seat (bottom portion of 1), wherein: two ends of the tube body are open (Fig. 3), the top cover is covered at a top opening of the tube body (Fig. 1), the guide member is sleeved in the tube body (Fig. 10), the replaceable lip cosmetic container further comprises a push-out member (3A), an inner wall of the tube body is provided with a spiral groove (24), the guide member is provided with a guide groove (12) in an axial direction, an outer wall of the push-out member is provided with a spiral rod (55), the push-out member is sleeved in the guide member, and the spiral rod penetrates through the guide groove and cooperates with the spiral groove to form a spiral pair (col. 7, ll. 19-26), the push-out member moves along the guide groove to be located at a storage position, a use position and a replacement position, the guide groove is an axially extending straight groove formed on the guide member and comprises a storage groove (13b) and a stop groove (13a) corresponding to the storage position and the replacement position, respectively; wherein each of the storage groove and the stop groove is distinctly recessed laterally from and separately defined along a continuous linear path of the guide groove (Fig. 2), wherein the storage groove and the stop groove are spatially spaced from each other, and wherein the spiral rod moves along a continuous vertical trajectory between the storage position and the replacement position, and a thread lead angle of the spiral groove is greater than or equal to an equivalent friction angle of the spiral pair (the angle of the spiral groove is the same as the angle of the friction between the spiral groove and the spiral rod).
Edmondson does not teach a use position defined by a limit groove, wherein the limit groove is distinctly recessed laterally from and separately defined along a continuous path of the guide groove, wherein the limit groove includes opposing surfaces along a horizontal direction, the opposing surfaces including a first surface and a second surface, wherein the first surface forms a depression and the second surface forms a projection that congruently matches the depression, wherein the limit grove is spaced from the storage groove and the stop groove.
Axilone teaches a use position defined by a limit groove (22, 23), wherein the limit groove is distinctly recessed laterally from and separately defined along a continuous path of the guide groove (15), wherein the limit groove includes opposing surfaces along a horizontal direction, the opposing surfaces including a first surface and a second surface, wherein the first surface forms a depression and the second surface forms a projection that congruently matches the depression, wherein the limit grove is spaced from the storage groove and the stop groove (see annotated Fig. 3 below).
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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 modified the guide groove of Edmondson such that it includes a use position defined by a limit groove, wherein the limit groove is distinctly recessed laterally from and separately defined along a continuous path of the guide groove, wherein the limit groove includes opposing surfaces along a horizontal direction, the opposing surfaces including a first surface and a second surface, wherein the first surface forms a depression and the second surface forms a projection that congruently matches the depression, wherein the limit grove is spaced from the storage groove and the stop groove as taught by Axilone for the purpose of preventing unwanted axial movement during use (Axilone, pg. 3, second full paragraph).
Regarding claim 4, the combination of Edmondson and Axilone teaches the replaceable lip cosmetic container according to claim 1, wherein there is a pair of guide grooves (Edmonson, Fig. 2), wherein the pair of guide grooves are centrally symmetrically arranged on the guide member; and there are two spiral rods (Edmondson, Fig. 4), wherein each of the two spiral rods is matched with one of the pair of guide grooves.
Regarding claim 5, the combination of Edmondson and Axilone teaches the replaceable lip cosmetic container according to claim 4, wherein the storage groove and the stop groove are elongated grooves extending radially along the guide member (Edmondson, Fig. 2).
Regarding claim 6, the combination of Edmondson and Axilone teaches the replaceable lip cosmetic container according to claim 4, wherein a direction where the push-out member moves from the storage position to the replacement position is taken as a positive direction, the limit groove comprises an entry section (Axilone, defined by 41 and 42) and an exit section (Axilone Fig. 3), and an inclination angle of the entry section is smaller than an equivalent friction angle between the spiral rod and the entry section (Axilone, Fig. 3).
Regarding claim 7, the combination of Edmondson and Axilone teaches the replaceable lip cosmetic container according to claim 6, wherein the limit groove is shaped as a circular arc or a triangle (triangle, see Axilone Fig. 3).
Regarding claim 8, the combination of Edmondson and Axilone teaches the replaceable lip cosmetic container according to claim 6, wherein the limit groove is an elongated groove extending radially along the guide member (Axilone Fig. 3).
Claim(s) 2-3 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edmondson and Axilone as applied to claim 1 above, and further in view of Ohba (US 5884638).
Regarding claim 2, the combination of Edmondson and Axilone teaches the replaceable lip cosmetic container according to claim 1, wherein the push-out member is a cylindrical cavity (Edmondson 51a, Fig. 5) with one side open (Edmondson at 51c), but does not teach a connection boss is arranged at a center of a bottom of the cylindrical cavity of the push-out member, and an outer wall of the connection boss is provided with a rib.
Ohba teaches a connection boss (71) at a center of a bottom of a cylindrical cavity (65) and an outer wall of the connection boss is provided with ribs (71).
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 push-out member of Edmondson with a connection boss is arranged at a center of a bottom of the cylindrical cavity of the push-out member, and an outer wall of the connection boss is provided with a rib as taught by Ohba for the purpose of ensuring that the lip cosmetic and the push-out member are non-rotatable relative to each other (Ohba, Abstract).
Regarding claim 3, the combination of Edmondson, Axilone and Ohba teaches the replaceable lip cosmetic container according to claim 2, wherein the connection boss is cylindrical, and the rib is trapezoidal in cross section (Ohba, Fig. 1A).
Regarding claims 11 and 12, the combination of Edmondson, Axilone and Ohba teaches the replaceable lip cosmetic container according to claims 2 and 3, respectively, wherein there is a pair of guide grooves (Edmondson, Fig. 2), wherein the pair of guide grooves are centrally symmetrically arranged on the guide member (Edmondson, Fig. 2); and there are two spiral rods (Edmondson Fig. 4), wherein each of the two spiral rods is matched with one of the pair of guide grooves.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edmondson and Axilone as applied to claim 4 above, and further in view of Radice (US 4108558).
Regarding claim 9, the combination of Edmondson and Axilone teaches the replaceable lip cosmetic container according to claim 4, but does not teach that an outer sleeve is further sleeved outside the tube body, and the outer sleeve is fixedly connected to the tube body.
Radice teaches an outer sleeve (decorative outer shell, col. 2, ll. 37-38) that is sleeved outside a tube body (24), and the outer sleeve is fixedly connected to the tube body.
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 device of Edmondson with an outer sleeve is further sleeved outside the tube body, and the outer sleeve is fixedly connected to the tube body as taught by Radice for the purpose of providing the device with a desired aesthetic.
Claim(s) 10 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edmondson and Axilone as applied to claim 1 above, and further in view of Crawford (US 10561223).
Regarding claim 10, the combination of Edmondson and Axilone teaches a replacement device (Edmondson, 6), wherein the replacement device cooperates with the replaceable lip cosmetic container according to claim 1.
Crawford teaches making a replacement device (200) of a degradable material (col. 3, ll. 29-33).
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 made the replacement device of Edmondson of a degradable material as taught by Crawford for the purpose of making the device more environmentally friendly.
Regarding claim 15, the combination of Edmondson, Axilone, and Crawford teaches the replacement device according to claim 10, wherein in the replaceable lip cosmetic container, there is a pair of guide grooves (Edmondson, 12), wherein the pair of guide grooves are centrally symmetrically arranged on the guide member (Edmondson, Fig. 2); and there are two spiral rods (Edmondson Fig. 4), wherein each of the two spiral rods is matched with one of the pair of guide grooves.
Regarding claim 16, the combination of Edmondson, Axilone, and Crawford teaches the replacement device according to claim 15, wherein in the replaceable lip cosmetic container, the storage groove and the stop groove are elongated grooves extending radially along the guide member (Edmondson Fig. 2 and Axilone Fig. 3).
Regarding claim 17, the combination of Edmondson, Axilone, and Crawford teaches the replacement device according to claim 15, wherein in the replaceable lip cosmetic container, a direction where the push-out member moves from the storage position to the replacement position is taken as a positive direction, the limit groove comprises an entry section (Axilone defined by 41 and 42) and an exit section (Axilone Fig. 3), and an inclination angle of the entry section is smaller than an equivalent friction angle between the spiral rod and the entry section (Axilone Fig. 3).
Regarding claim 18, the combination of Edmondson, Axilone, and Crawford teaches the replacement device according to claim 17, wherein in the replaceable lip cosmetic container, the limit groove is shaped as a circular arc or a triangle (triangle, see Axilone Fig. 3).
Regarding claim 19, the combination of Edmondson, Axilone, and Crawford teaches the replacement device according to claim 17, wherein in the replaceable lip cosmetic container, the limit groove is an elongated groove extending radially along the guide member (Axilone, Fig. 3).
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edmondson, Axilone, and Crawford as applied to claim 10 above, and further in view of Ohba.
Regarding claim 13, the combination of Edmondson, Axilone, and Crawford teaches the replacement device according to claim 10, wherein in the replaceable lip cosmetic container, the push-out member is a cylindrical cavity (Edmondson 51a) with one side open (Edmondson 51c); but does not teach that a connection boss is arranged at a center of a bottom of the cylindrical cavity of the push-out member, and an outer wall of the connection boss is provided with a rib.
Ohba teaches a connection boss (71) at a center of a bottom of a cylindrical cavity (65) and an outer wall of the connection boss is provided with ribs (71).
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 push-out member of Edmondson with a connection boss is arranged at a center of a bottom of the cylindrical cavity of the push-out member, and an outer wall of the connection boss is provided with a rib as taught by Ohba for the purpose of ensuring that the lip cosmetic and the push-out member are non-rotatable relative to each other (Ohba, Abstract).
Regarding claim 14, the combination of Edmondson, Axilone, Crawford and Ohba teaches the replaceable lip cosmetic container according to claim 2, wherein the connection boss is cylindrical, and the rib is trapezoidal in cross section (Ohba, Fig. 1A).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edmondson, Axilone, and Crawford as applied to claim 15 above, and further in view of Radice.
Regarding claim 20, the combination of Edmondson, Axilone, and Crawford teaches the replacement device according to claim 15, but does not teach that, in the replaceable lip cosmetic container, an outer sleeve is further sleeved outside the tube body, and the outer sleeve is fixedly connected to the tube body.
Radice teaches an outer sleeve (decorative outer shell, col. 2, ll. 37-38) that is sleeved outside a tube body (24), and the outer sleeve is fixedly connected to the tube body.
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 device of Edmondson with an outer sleeve is further sleeved outside the tube body, and the outer sleeve is fixedly connected to the tube body as taught by Radice for the purpose of providing the device with a desired aesthetic.
Response to Arguments
Applicant's arguments filed 30 January 2025 have been fully considered but they are not persuasive.
Applicant’s arguments against the Ackermann reference are moot because the Ackermann reference is not relied upon for any present rejection.
Applicant argues that they have identified a problem that others have not and added an element that increased the cost to address the problem, and that one of ordinary skill in the art would not have increased the cost of the device without knowing the problem.
In response, it is noted that the prior art teaches all of the features of claim 1 and provides one of ordinary skill in the art with a reason to combine those features, even if the combination increases the cost of production. Specifically, one of ordinary skill would consider increasing the cost of the Edmondson device by adding the limit groove of Axilone in order to provide a stable use position that does not allow the cosmetic to slip while a user is applying it.
Conclusion
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.
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/BRADLEY S OLIVER/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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