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
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 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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (KR 20200120045 A) in view of Hong (KR 102069729 B1).
Regarding claim 1, Jeong discloses a stick-type cosmetics container (figure 1)
a container main body (item 10, figure 2);
a rotary dial rotatably coupled to the container main body (item 30, figure 2; ¶[0043]);
an activation member (item 20, figure 2) … and including an elevating protrusion (item 22, figure 2);
and a stick holder screw-coupled to the activation member (item 40, figure 2; ¶[0047-48]), to which a stick cosmetic product is attached, and including an elevating spiral groove formed thereon (item 42, figure 2);
wherein the rotary dial and the activation member include a first fitting protrusion (item 34, figure 2) and a second fitting protrusion (item 24, figure 2), respectively, so as to be fitted and engaged with each other in an attachment/detachment direction of the container main body and the protective tube (¶[0045]).
However, Jeong does not teach the container is refillable with a detachable protective tube.
Hong discloses a stick-type cosmetics container having a refill structure (items 200/300, figure 1; ¶[0112]);
a protective tube detachably coupled to the container main body (item 250, figure 1; ¶[0059]).
Although Jeong does not teach the container is refillable with a detachable protective tube, attention is directed to Hong, which discloses another stick-type cosmetics container with a refill structure and protective tube. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to design a detachable protective tube with refill structure in order to enable the cosmetic stick container to be refilled and thereby reusable.
Regarding claim 2, Jeong discloses the stick-type cosmetics container of claim 1, but is silent on the protective tube detachably coupled to the main body.
Hong teaches the protective tube (item 250, figure 1) include a first attachment/detachment
Hong discloses a locking recess (item 421, figure 3), and not explicitly a protrusion. However, a protrusion/groove mating and protrusion against protrusion mating are well-understood equivalent ways to make detachable snap-coupling. It would have been obvious to one of ordinary skill in the art at the time of the invention that substituting one mating method for another is a predictably mechanical design choice that yields the same attachment/detachment coupling result. See MPEP §2144.04.
Regarding claim 3, Jeong discloses the stick-type cosmetics container of claim 1, wherein a lower cap is coupled to one side of the container main body (item 50, figure 2);
and a coupling extension protrusion wheel extends upward from the lower cap so as to be coupled to the rotary dial (items 52/54, figure 2).
Regarding claim 4, Jeong discloses the stick-type cosmetics container of claim 1, wherein the first and second fitting protrusions extend in the attachment/detachment direction of the container main body and the protective tube (items 24 and 34, figure 2);
in which a plurality of first fitting protrusions are formed along an inner peripheral circumference of the rotary dial while being spaced apart from each other by a predetermined interval (item 34, figure 2);
and a plurality of second fitting protrusions are formed along an outer peripheral circumference of the activation member while being spaced apart from each other by a predetermined interval (item 24, figure 2).
Regarding claim 5, Jeong discloses the stick-type cosmetics container of claim 1, but is silent on the protective tube detachably coupled to the main body.
Hong teaches the protective tube (item 250, figure 2) and the activation member (item 230, figure 2) include a first coupling protrusion (item 251, figure 2) and a second coupling protrusion (item 235, figure 2), respectively, so as to be rotatably coupled to each other (¶[0051-52]).
Although Jeong does not teach the container with a detachable protective tube, attention is directed to Hong, which discloses another stick-type cosmetics container with a protective tube. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to design a detachable protective tube in order to enable the cosmetic stick container to be refilled and thereby reusable.
Regarding claim 6, Jeong discloses the stick-type cosmetics container of claim 1, but is silent on the protective tube detachably coupled to the main body.
Hong teaches while the container main body and the protective tube (item 250, figure 2) are unfastened from each other (¶[0117]);
the activation member (item 230, figure 2) comes out so as to be separated from the rotary dial (item 400, figure 2; ¶[0112]);
and while the activation member is inserted into and engaged with the rotary dial (¶[0043]);
Although Jeong does not teach the container with a detachable protective tube fastened to the main body, attention is directed to Hong, which discloses another stick-type cosmetics container with a protective tube. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made to design a detachable protective tube fastened to the main body in order to enable the cosmetic stick container to be refilled and thereby reusable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH J ARIF whose telephone number is (571)272-9620. The examiner can normally be reached 8am-5pm.
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/NOAH JACOB ARIF/ Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 July 1, 2026
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