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 Observations
Regarding claim 1, it is unclear what is meant by “stretched out of the lid assembly” within the limitation “an end of the intermediate lid is stretched out of the lid assembly”.
It is unclear what is causing the lid assembly to be stretched or how it is being stretched out of the lid assembly. Typically, the term “stretched out” implies some type of elasticity or deformability, whereas Applicant has a different meaning, namely “extending outwardly”. For examination purposes, the term “stretched out” will be interpreted as “extended out”.
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.
Claims 1 – 3 & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Drugeon et al (US 20100209172) in view of Lee (US 20200337441).
Regarding claim 1, Drugeon discloses;
A pop-up cosmetic container (Fig. 2, 10),
comprising a lid assembly (Fig. 5, elements 12 & 50 make up the lid assembly),
a coupling rod (Fig. 2, 80),
an inner sleeve (Fig. 2, elements 70 & 72 make up the inner sleeve),
an intermediate lid (Fig. 2, 54),
and a shell assembly (Fig. 2, 14),
wherein the lid assembly is sleeved outside the intermediate lid (Fig. 4 & 5 depict the lid assembly 12 & 50 sleeved outside intermediate lid 54),
the intermediate lid is sleeved outside the inner sleeve (Fig. 2 depicts the intermediate lid 54 sleeved outside inner sleeve 70 & 72);
the inner sleeve is sleeved outside the shell assembly (Fig. 5 depicts the inner sleeve 70 & 72 is sleeved outside shell assembly 14);
the coupling rod is rotatably provided in the lid assembly (the coupling rod 80 is connected to inner sleeve 70 & 72 which is capable of being rotated, therefore the coupling rod is rotatably provided);
and a first side of the coupling rod is connected to the intermediate lid (Fig. 2 depicts a first side of the coupling rod connected to the intermediate lid, see annotated Fig. 2 below),
and a second side of the coupling rod is connected to the inner sleeve (Fig. 2 depicts a second side of the coupling rod connected to the inner sleeve, see annotated Fig. 2 below).
Drugeon does not explicitly disclose,
an end of the intermediate lid is stretched out of the lid assembly;
However, Lee teaches;
an end of the intermediate lid (Fig. 1, 10) is stretched out of the lid assembly (Fig. 1, 60);
The advantage of having an end of the intermediate lid stretched out of the lid assembly is so that the intermediate lid is so that the intermediate lid is more easily accessible to the user. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified the invention of Drugeon with the teachings of Lee to provide an intermediate lid that stretches out of the lid assembly.
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Regarding claim 2, in addition to the limitations in claim 1, Drugeon discloses;
an elastic member (Fig, 2, 56), wherein the elastic member (Fig. 2, 56) is provided between the inner sleeve (Fig. 2, 70 & 72) and the lid assembly (Fig.4 & 5 depict the elastic member 56 provided between inner sleeve 70 & 72 and lid assembly 12 & 50).
Regarding claim 3, in addition to the limitations in claim 1, Drugeon discloses;
wherein the inner sleeve (Fig. 2, 70 & 72) is connected to the lid assembly (Fig. 2 12 & 50).
Regarding claim 11, in addition to the limitations in claim 2, Drugeon discloses;
wherein the inner sleeve (Fig. 2, 70 & 72) is connected to the lid assembly (Fig. 2 12 & 50).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Drugeon et al (US 20100209172) in view of Lee (US 20200337441) and in further view of Lefevre et al (US 20150342321).
Regarding claim 10, in addition to the limitations in claim 1, Drugeon discloses;
wherein the shell assembly (Fig, 4, 14) comprises a shell core (Fig. 4, 34), and a base (Fig. 4, 30);
the shell core is rotatably provided in the base ([0069]; the base 30 is mounted so as to rotate relative to the tube);
Drugeon does not disclose;
a weight,
the weight is provided between the shell core and the base.
However, Lefevre teaches;
a weight (Fig. 1, 28),
the weight (Fig. 1, 28) is provided between the shell core (Fig. 1, 12) and the base (Fig. 1, 26).
The advantage of having a weight provided between the shell core and the base is that it enables the device itself to tend to be positioned vertically, with its bottom end at the bottom. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified the invention of Drugeon with the teachings of Lefevre to provide a weight between the shell core and the base.
Allowable Subject Matter
Claims 4 – 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. US Patent 20220053913 A1 is directed to the state of the art of cosmetic containers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYANT K HUYNH whose telephone number is (571)272-8630. The examiner can normally be reached Monday - Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571)-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.K.H./Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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