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 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.).
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.
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.
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Annotated Figure A
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Annotated Figure B
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Annotated Figure C
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.) and Lombardi (US 20030213723 A1).
Re. Claim 5, Greer and Chen discloses the replaceable powder palette according to claim 1, but is 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 and Chen to be made of a degradable material as taught by Lombardi to reduce landfill waste.
(first interpretation) Re. Claim 6, Greer, Chen, 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, 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, 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, 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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Annotated Figure D
(second interpretation) Re. Claim 9, Greer, Chen, 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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Annotated Figure E
Re. Claim 10, Greer, Chen, 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 that Chen does not provide teaching regarding the limitation of the retaining walls and fetching gaps. Applicant further argues that the annotated figure C pointed out in the non-final rejection is the bottom of the compartment and not a section of the retaining wall. As such, the interpretation is not proper.
Response #1: Applicant’s arguments are found to not be persuasive. It is found that the Chen does teach the current claim limitation regarding the retaining walls and fetching gaps. The pair of fetching gaps are found to be pointed out in Annotated Figure B. With regards to the retaining walls, it is found to be made by the elements 31/32/33 and can be denoted below as shaded in light grey. These particular walls can comprise two sections which are separated by the fetching gaps. This can be seen illustrated below. Applicant argues that the pointed-out area is the bottom of the compartment and NOT the section of the retaining wall. However, what is meant to be construed and discussed during the interview was the height made by the particular section extending from the bottom of the compartment upwards. This can be better viewed in figure below where the opposing section identical to the section pointed out as label would be the second section. The first section is found to be in the section of the retaining wall that would make the gap for the fetching gap and the height from the bottom of the section towards to the upper part of the retaining wall is found to be smaller than that of the second section. It is also found to be separated from the second section by the fetching gap by being used to create the particular structure for the gap to be present.
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Above shows the retaining wall
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Above presents the different sections and its heights
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Above presents the first and second section
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HOLLY T TO whose telephone number is (571)272-0719. The examiner can normally be reached Monday - Thursday 6:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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