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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limiting portion 40 (paragraph [56] must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
“integrally separated” should read “separated”, “detached”, “collectively detached”, or “detached as a group”.
Appropriate correction is required.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “Refillable Stick Type Dispensing Container”.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
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 3 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.
Regarding claim 1, the phrase “if one region of the lower end of the lifting/lowering guide part, which is exposed to the outside of the rotational part, is pressed” does not clearly describe which structure is being acted upon when pressed; it is not clear whether the phrase “which is exposed to the outside” applies to “one region of” the guide part or to the guide part itself. It is also unclear as to how the part is exposed to the outside: the phrase “which is exposed to the outside” seems to be requiring a structural feature, such as a hole or an aperture, to elements or structures other than the guide part to which the phrase is applied. If such structural features are implied or required by the invention, those features should be distinctly claimed. To the best that the examiner can understand the claim as written, the claim will be interpreted such that there is a hole or aperture on either the rotational part, the holding part, or the lifting/lowering part, or any combination thereof, which corresponds to a button on the lower end of the lifting/lowering part.
Regarding claim 3, the phrase “a coupler inserted into the open portion of the rotational part in such a way as to allow at least a portion thereof to be exposed to the outside” does not clearly define the limitation for how the coupler is inserted; it is unclear as to how the part is exposed to the outside. To the best that the examiner can understand the claim as written, the claim will be interpreted such that there is a hole or aperture on either the rotational part, the holding part, or the lifting/lowering part, or any combination thereof, which corresponds to a button on the lower end of the lifting/lowering part.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Charbrerie et al. (US 20230309680 A1), hereinafter Chabrerie.
Regarding claim 1, Chabrerie discloses a stick type cosmetics container comprising the following elements:
A container comprising (Chabrerie, Fig. 2 refillable applicator 10)
a lifting/lowering part (Chabrerie, Fig. 2, cup 32 and stem 34)
having an accommodation portion (Chabrerie, Fig 2. Cup 32) formed on an upper portion thereof in such a way as to receive a content therein;
a lifting/lowering guide part for surrounding at least a portion of the lifting/lowering part in such a way as to guide lifting and lowering of the lifting/lowering part (Chabrerie, Fig. 2 insert 36);
a rotational part (Chabrerie, Fig. 2 case 12) coupled to the lower portion of the lifting/lowering guide part in such a way as to be rotatable simultaneously with the lifting/lowering guide part and adapted to receive a user's rotational operation for lifting and lowering the lifting/lowering part;
and a holding part (Chabrerie, Fig. 2 ring 28, insert 36, and clipping means 20) having an upper end portion located on the outside of the accommodation portion
and a lower end portion located between the rotational part and the lifting/lowering guide part in such a way as to allow the rotational part to be rotatable relative thereto (Chabrerie, paragraph [0080] lines 1-3),
wherein a lower end of the lifting/lowering guide part is detachably coupled to the rotational part (Chabrerie, paragraph [0074] lines 1-3),
and if one region of the lower end of the lifting/lowering guide part, which is exposed to the outside of the rotational part, is pressed (Chabrerie, Fig. 2 push button), the lifting/lowering part, the lifting/lowering guide part and the holding part are integrally separated from the rotational part (Chabrerie, paragraph [0073] lines 1-4).
Regarding claim 2, Chabrerie discloses a stick type cosmetics container comprising the following elements:
the rotational part has an open portion formed on the bottom thereof in such a way as to insert the lower end of the lifting/lowering guide part thereinto (Chabrerie, Fig. 2, case 12 and push button 14),
and the underside of the lifting/lowering guide part is exposed to the outside by means of the open portion so that the pressing is applied thereto (Chabrerie, Fig. 2 push button 14).
Regarding claim 3, Chabrerie discloses a stick type cosmetics container comprising the following elements:
wherein the lifting/lowering guide part comprises:
a coupler inserted into the open portion of the rotational part in such a way as to allow at least a portion thereof to be exposed to the outside (Chabrerie, Fig. 2 insert 36);
and a first peripheral portion protruding outward from the outer peripheral surface of the lower end of the lifting/lowering guide part in such a way as to allow at least a portion thereof to extend downward to surround the outer peripheral surface of the coupler, while being spaced apart therefrom (Chabrerie, Fig. 2 clipping means 20).
Regarding claim 4, Chabrerie discloses a stick type cosmetics container comprising the following elements:
wherein the coupler has at least one or more first locking protrusions protruding from the outer peripheral surface thereof (Chabrerie, Fig.2 clipping means 22, Fig. 3 bosses 24),
and the open portion has at least one or more second locking protrusions protruding from the inner peripheral surface thereof (Chabrerie, Fig. 2 axial tabs 22 and cavity 27), so that as the first locking protrusions are fastened to the second locking protrusions, the rotational part and the lifting/lowering guide part are coupled to be rotatable simultaneously with each other (Chabrarie, paragraph [0080] lines 1-2).
Regarding claim 5, Chabrerie discloses a stick type cosmetics container comprising the following elements:
wherein the first peripheral portion comprises:
a top peripheral wall protruding outward from the outer peripheral surface of the lower end of the lifting/lowering guide part (Chabrerie, Fig. 2 protrusion 21);
and a side peripheral wall extending downward from the periphery of the top peripheral wall in such a way as to surround the outer peripheral surface of the coupler (Chabrerie, Fig. 2 protrusion 21),
and the holding part has at least one or more vertical protrusions protruding inward from the inner peripheral surface thereof (Chabrerie, Fig. 2 unlabeled step on lower portion of ring 28), so that if the coupler is pressed, the vertical protrusions are pressed against the top peripheral wall to allow the lifting/lowering guide part and the holding part to be integrally separated from the rotational part.
Regarding claim 6, Chabrerie discloses a stick type cosmetics container comprising the following elements:
the rotational part has a second peripheral portion protruding upward from the periphery of the open portion in such a way as to be inserted into a downward open space between the first peripheral portion and the coupler (Chabrerie, Fig. 2 axial tab 12).
Regarding claim 7, Chabrerie discloses a stick type cosmetics container comprising the following elements:
the holding part has a third peripheral portion (Chabrerie, Fig. 2 unlabeled stepped annular ring on ring 28 corresponding to clipping means 20) located on the underside thereof to the shape corresponding to the outer peripheral surface of the first peripheral portion in such a way as to be brought into close contact with the outer peripheral surface of the first peripheral portion.
Regarding claim 8, Chabrerie discloses a stick type cosmetics container comprising the following elements:
wherein the lifting/lowering part has at least one or more first guide protrusions (Chabrerie, [0078] lines 1-5; stem 34 with a thread pitch) on the outer peripheral surface thereof under the accommodation portion,
and the lifting/lowering guide part has at least one or more second guide protrusions (Chabrerie, [0079] lines 1-5; insert 36 with a complementary thread pitch) on the inner peripheral surface thereof,
so that if the rotational part rotates, the first guide protrusions move along the second guide protrusions to allow the lifting/lowering part to be lifted and lowered (Chabrerie, [0081] lines 1-3).
Regarding claim 9, Chabrerie discloses a stick type cosmetics container comprising the following elements:
wherein the lifting/lowering part comprises
a locking projection (Chabrerie, Fig. 2 annular hook 44) on the outer peripheral surface thereof,
and the holding part comprises a limiting portion with a through hole (Chabrerie, Fig. 2 unlabeled hole at junction of cup 32 and stem 34) into which at least a portion of the lifting/lowering part is inserted, so that if the lifting/lowering part is lifted to cause the locking projection to be brought into close contact with the limiting portion, additional lifting of the lifting/lowering part is limited to prevent the lifting/lowering part from escaping from the holding part (Chebrarie, paragraph [0086], lines 1-4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zheng et al. (US 2022/0053913 A1) discloses a Refillable Container for stick type cosmetics with a push button release on the side of the case.
Chung et al. (US 2021/0219698 A1) discloses a Stick Type Cosmetic container with a locking mechanism using mating annular rings at the base to guide and lifting mechanisms.
Gruner (US 5240337 A) discloses a Cosmetic Stick Holder with a releasable lock and a hole in the base.
Chung et al. (US 20230397708 A1) discloses a Stick Type Cosmetic Container which allows the used cosmetic to be released and discarded.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN RAYMOND ETZEL whose telephone number is (571)305-5217. The examiner can normally be reached Mon-Thu 7:00a-4:30p Fri 7:00a-11:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Durand can be reached at 571-272-4459. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALAN RAYMOND ETZEL/
Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 August 27, 2026
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