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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/16/2026 has been entered.
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 1 and 5-10 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.
Claim 1 recites “receive a respective replaceable container” and “respective replaceable container” in lines 23 and 24 where it is unclear whether the replaceable container is the same replaceable container claimed in line 1. For examination purposes, it will be interpreted as being different replaceable containers that can be present.
Claims 5-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for being dependent off of claim 1.
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greer (US 4421127 A) in view of Chen (CN 212165181 U, see machine translated ver.) and Beranger (FR 2826842 A1, see machine translated ver.).
Re. Claim 1, Greer discloses a replaceable powder palette (Fig. 1-7; Abstract; Col. 1, lines 6-16), comprising
a dustproof cap (12; Fig. 2; wherein it is fully capable of being dustproof),
A flip cap (22; Fig. 6-7),
A replaceable container (24; see Fig. 3; Col. 3, lines 20-28), and
A base (14; Fig. 4-5), wherein the dustproof cap covers the base (Fig. 2);
at least one port (50) is formed in the flip cap (Fig. 2; Col. 4, lines 19-24);
the replaceable container is a top-opened case (See Fig. 3; Col. 3, lines 59-68);
the base is provided with an accommodating cavity (Annotated Figure A of Fig. 4);
at least one small compartment (38) is enclosed in the accommodating cavity (Fig. 4) through a retaining wall (36);
the replaceable container is clamped on the retaining wall (Col. 3, lines 59-68);
the flip cap is hinged to the base (see Fig. 7 which shows the hinge 52 and Fig. 3 showing it being hinged to the base; Col. 4, lines 3-6) and has a use position (Fig. 1 is the use position as the user can use the product as desired) and an open position (Fig. 3 shows the open position allowing user to interchange the product; Col. 3, lines 49-58);
the flip cap located at the use position presses the replaceable container (Col. 3, lines 10-18 discloses that the clip cap is pressed against the base to allow a press-fit interaction between the lid and base. As such, in the process, it would also result in the replaceable container to be pressed by the flip cap as well), with the at least one use port corresponding to an opening of the replaceable container (Fig. 1); and
when the flip cap is located at the open position, the replaceable container is in a dismountable state (Col. 3, lines 49-58; Fig. 3).
However, Greer is silent to a pair of fetching gaps are formed centrosymmetrically in the retaining wall; the at least one small compartment comprises a plurality of small compartments; and the plurality of small compartments are arranged on the base in a matrix; wherein two adjacent ones of the plurality of small compartments are formed into one group; the retaining wall in each small compartment within the group is separated by the pair of fetching gaps into a first section of the retaining wall and a second section of the retaining wall, wherein the first section has a height lower than a height of the second section; fetching gaps in the retaining wall corresponding to two small compartments in a same group are respectively provided at same positions; and for the two small compartments in the same group, the first sections of the retaining wall having lower height in each of the two small compartments are adjacent to each other, and the second sections of the retaining wall having higher height in each of the two small compartments are located at opposite sides of the group. Further, Greer is silent to the two adjacent small compartments are further configured to jointly receive one replaceable container extending across the two adjacent small compartments, such that the first sections of the retaining walls having the lower height do not interfere with placement and use of the one replaceable container.
Chen discloses a cosmetic powder box in the same field of endeavor and further discloses a base (3) comprising an accommodating cavity (made up by all of the compartments and its relating structure; 33/31/32) comprising at least one compartment (32) to fit replaceable containers (4; Fig. 2-3; Par. 34). Further, it is found that the at least one compartment comprises a retaining wall (32/31/33) with a pair of fetching gaps (space made by 33) formed centrosymmetrically in the retaining walls (see Fig. 5 where the pairs of notches make up the grooves and are found to be symmetrically found at a center of a retaining wall) to aid in removal of the replaceable containers (Par. 37).
Further, Chen discloses there are a plurality of small compartments (see Fig. 4); and the plurality of small compartments are arranged on the base in a matrix (Fig. 4). It is also found that Chen teaches at least one compartment arranged in a matrix (see Fig. 5). In addition, Chen discloses that two adjacent ones of the plurality of small compartments are formed into one group (Annotated Figure B of Fig. 7); the retaining wall in each small compartment within the group is separated by the pair of fetching gaps into a first section of the retaining wall and a second section of the retaining wall (Annotated Figure B of Fig. 7), wherein the first section has a height lower than a height of the second section (Annotated Figure C of Fig. 3 where the adjacent sections refer to the retaining walls of each small compartments adjacent to one another. This is found to be the walls made by the sides denoted as 32. It is found to be lower the section accommodating the gaps as it is a raised higher than the sides 32 as shown in Fig. 3. This allows the replaceable container to be fitted in the base. It should be noted that the walls are considered to be the sections away from each other as it is found to be away from being adjacent to the other compartment’s section in the group. By having it raised higher than other sections of the retaining wall, it allows for easier removal of the replaceable container); fetching gaps in the retaining wall corresponding to two small compartments in a same group are respectively provided at same positions (Annotated Figure B of Fig. 7); and for the two small compartments in the same group, the first sections of the retaining wall having lower height in each of the two small compartments are adjacent to each other, and the second sections of the retaining wall having higher height in each of the two small compartments are located at opposite sides of the group (Annotated Figure B of Fig. 7 and Annotated Figure C of Fig. 3).
It would have been obvious to someone skilled in the art before the effective filing date to have the replaceable powder palette of Greer to comprise a pair of fetching gaps are formed centrosymmetrically in the retaining wall; the at least one small compartment comprises a plurality of small compartments; and the plurality of small compartments are arranged on the base in a matrix; wherein two adjacent ones of the plurality of small compartments are formed into one group; the retaining wall in each small compartment within the group is separated by the pair of fetching gaps into a first section of the retaining wall and a second section of the retaining wall, wherein the first section has a height lower than a height of the second section; fetching gaps in the retaining wall corresponding to two small compartments in a same group are respectively provided at same positions; and for the two small compartments in the same group, the first sections of the retaining wall having lower height in each of the two small compartments are adjacent to each other, and the second sections of the retaining wall having higher height in each of the two small compartments are located at opposite sides of the group as taught by Chen to aid in removal of the replaceable containers. The combination as such would provide teaching for the two adjacent small compartments are further configured to jointly receive one replaceable container extending across the two adjacent small compartments, such that the first sections of the retaining walls having the lower height do not interfere with placement and use of the one replaceable container.
Beranger discloses a makeup accessory in the same field of endeavor and further discloses small compartments (see where elements 52/53 are fitted into) configured to jointly receive one replaceable container (51/52/5) containing cosmetic product (71/72) such that the first sections of the retaining walls having lower height (512) do not interfere with placement and use of the one replaceable container. This is done by having a replaceable container comprising a linking wall that can be fit overtop the retaining wall with lower height as shown in Fig. 14.
It would have been obvious to someone skilled in the art before the effective filing date to have the replaceable powder palette of Greer and Chen to the two adjacent small compartments are further configured to jointly receive one replaceable container extending across the two adjacent small compartments, such that the first sections of the retaining walls having the lower height do not interfere with placement and use of the one replaceable container as taught by Beranger to allow removable of multiple containers at the same time.
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Claim(s) 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Greer (US 4421127 A) in view of Chen (CN 212165181 U, see machine translated ver.), Beranger (FR 2826842 A1, see machines translated ver.) and Lombardi (US 20030213723 A1).
Re. Claim 5, Greer, Chen, and Beranger discloses the replaceable powder palette according to claim 1, but are silent to the replaceable container is made of a degradable material.
Lombardi discloses a removable powder box in the same field of endeavor and further discloses a top cover (105), a replaceable container (103) and a base (101) where each component can be made of various material including a degradable material such as wood (Par. 20).
It would have been obvious to someone skilled in the art before the effective filing date to have the replaceable container of Greer, Chen, and Beranger to be made of a degradable material as taught by Lombardi to reduce landfill waste.
(first interpretation) Re. Claim 6, Greer, Chen, Beranger and Lombardi discloses the replaceable powder palette according to claim 5, wherein Greer discloses the base is a square case (Col. 4, lines 46-57 discloses that the compact case- which would include the base- can be made to varying shapes and also denoted that the one shown in the drawings comprises a square matrix comprising two rows and three columns); the flip cap comprises a first side (see Fig. 6 where the view is the first side) provided with a second hinge shaft (see Fig. 7 in which a pin would needed to be threaded through to move the hinge element 52 of the flip cap and as such would be considered the second hinge shaft), and a second side provided with a fastener (see Fig. 7 where the fastener is element 56 and the side the fastener is found is the second side); and a clamping groove (58) matching the fastener is formed in the base (Fig. 4-5; Col. 4, lines 10-15).
(first interpretation) Re. Claim 7, Greer, Chen, Beranger and Lombardi discloses the replaceable powder palette according to claim 6, wherein Greer discloses one side of the of the dustproof cap is hinged to the base through a first hinge shaft and the first hinge shaft and the second hinge shaft are a same shaft (Col. 3, lines 6-11 where a pin would need to be threaded through the hinge elements to allow the hinge movement where the pin is the same shaft).
(second interpretation) Re. Claim 6, Greer, Chen, Beranger and Lombardi discloses the replaceable powder palette according to claim 5, wherein Greer discloses the base is a square case (Col. 4, lines 46-57 discloses that the compact case- which would include the base- can be made to varying shapes and also denoted that the one shown in the drawings comprises a square matrix comprising two rows and three columns); the flip cap comprises a first side (see Fig. 6 where the view is the first side) provided with a second hinge shaft (52), and a second side provided with a fastener (see Fig. 7 where the fastener is element 56 and the side the fastener is found is the second side); and a clamping groove (58) matching the fastener is formed in the base (Fig. 4-5; Col. 4, lines 10-15).
(second interpretation) Re. Claim 8, Greer, Chen, Beranger and Lombardi discloses the replaceable powder palette according to claim 6, wherein Greer discloses one side of the dustproof cap is hinged to the base through a first hinge shaft and the first hinge shaft and the second hinge shaft are hinged to adjacent edges of the base (Annotated Figure D of Fig. 1).
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(second interpretation) Re. Claim 9, Greer, Chen, Beranger and Lombardi discloses the replaceable powder palette according to claim 6, wherein Greer discloses a corner position of a side of the flip cap not provided with the second hinge shaft is further provided with an open groove (Annotated Figure E of Fig. 1. According to webster dictionary, a corner is the point where converging lines, edges or sides meet. The recess or open groove 60 is found to meet the limitation as it is found to be sides/edges meeting to make the concavity; Col. 4, lines 14-18).
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Re. Claim 10, Greer, Chen, Beranger and Lombardi discloses the replaceable powder palette according to claim 5, wherein Greer discloses an inner surface of the dustproof cap is further provided with a cosmetic mirror (32; Col. 3, lines 32-37).
Response to Arguments
Argument #1: Applicant argues the current amendments are not read upon by Greer, Chen, and Lombardi. Applicant argues that the combination between Greer and Chen are not proper as it is not clear how one would modify Greer to include the entire coordinated compartment arrangements required by amended by claim 1. Applicant argues that the arrangements does not explain the teaching of applying a two replaceable container or one larger replaceable container between the two groups.
Response #1: Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Argument #2: Applicant argues that is not obvious to modify the material with Lombardi as applicant’s material is not an arbitrary structure but rather made to allow for the container to be discarded after use. Applicant argues that Greer depends on sufficiently stable shape and material to function.
Response #2: Applicant’s argument is found to not be persuasive as the material being used on the palette is merely a design choice where it is dependent on the desires of the consumer. The functionality remains the same despite the design choice which is holding the cosmetic material in a palette box. The type of material used on the box does not affect the particular purpose and focus on the palette.
Conclusion
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
