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 § 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.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 3 is 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 3 recites “there are a plurality of small compartments; and the plurality of small compartments are arranged on the base in a matrix” in lines 2-3. It is unclear whether applicant is claiming the small compartments are separate to the at least one small compartment claimed in claim 1 OR if applicant is further limiting the at least one small compartment. For examination purposes, it will be interpreted as 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.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph for being dependent off of claim 3.
Claim Rejections - 35 USC § 102
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) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greer (US 4421127 A).
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 use 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 cosmetic product 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 cosmetic product (Fig. 1); and
When the flip cap is located at the open position, the cosmetic product is in a dismountable state (Col. 3, lines 49-58; Fig. 3).
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Annotated Figure A
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) 2-4 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 2, Greer discloses the replaceable powder palette according to claim 1, but is silent to a pair of fetching gaps are formed centrosymmetrically in the retaining wall.
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).
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 as taught by Chen to aid in removal of the replaceable containers.
Re. Claim 3, Greer and Chen discloses the replaceable powder palette according to claim 2, wherein Greer 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).
Re. Claim 4, Greer and Chen discloses the replaceable powder palette according to claim 3, wherein Chen discloses two adjacent ones of the plurality of small compartments are formed into one group (Annotated Figure B of Fig. 7); the retaining wall is divided by the pair of fetching gaps into two sections (Annotated Figure B of Fig. 7); fetching gaps in the retaining walls 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, adjacent sections of the retaining walls are lower than sections of the retaining walls away from each other (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).
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 have two adjacent ones of the plurality of small compartments are formed into one group; the retaining wall is divided by the pair of fetching gaps into two sections; fetching gaps in the retaining walls 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, adjacent sections of the retaining walls are lower than sections of the retaining walls away from each other to provide aid in removing the replaceable containers.
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Annotated Figure B
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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 Lombardi (US 20030213723 A1).
Re. Claim 5, Greer 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 to be made of a degradable material as taught by Lombardi to reduce landfill waste.
(first interpretation) Re. Claim 6, Greer, 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, 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, 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, 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, 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, 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).
Claim(s) 11-20 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 11, Greer, and Chen discloses the replaceable powder palette according to claim 2, 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 and Chen to be made of a degradable material as taught by Lombardi to reduce landfill waste.
Re. Claim 12, Greer, and Chen discloses the replaceable powder palette according to claim 3, 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 and Chen to be made of a degradable material as taught by Lombardi to reduce landfill waste.
Re. Claim 13, Greer, and Chen discloses the replaceable powder palette according to claim 4, 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 and Chen to be made of a degradable material as taught by Lombardi to reduce landfill waste.
(first interpretation) Re. Claim 14, Greer, and Lombardi discloses the replaceable powder palette according to claim 11, 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 15, Greer, and Lombardi discloses the replaceable powder palette according to claim 12, 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 16, Greer, and Lombardi discloses the replaceable powder palette according to claim 13, 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 17, Greer, and Lombardi discloses the replaceable powder palette according to claim 14, 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).
(first interpretation) Re. Claim 18, Greer, and Lombardi discloses the replaceable powder palette according to claim 15, 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).
(first interpretation) Re. Claim 19, Greer, and Lombardi discloses the replaceable powder palette according to claim 16, 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 14, Greer, and Lombardi discloses the replaceable powder palette according to claim 11, 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 20, Greer, and Lombardi discloses the replaceable powder palette according to claim 14, 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
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