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 following must be shown or the feature(s) canceled from the claim(s):
The removed/uncoupled position in claim 1
Claim 7 not shown
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.
Specification
The disclosure is objected to because of the following informalities:
The reference numeral (50) has been used to designate the lid throughout the specification. However, (50) has been used to designate the stick in ¶ [0092] and ¶ [0096]. It appears that there is a typo, and (50) should be changed to (30) in these paragraphs to match the correct reference numerals.
The reference numeral (420) has been used to designate the second portion throughout the specification. However, (420) has been used to designate the second sidewall in ¶ [0103] and the bearing surface in ¶ [0106]. It appears that there is a typo, and (420) should be changed to (130) and (430) respectively in these paragraphs to match the correct reference numerals.
The reference numeral (124) has been used to designate the helical thread throughout the specification. However, (124) has been used to designate the bearing surface in ¶ [0106]. It appears that there is a typo, and (124) should be changed to (430) in this paragraph to match the correct reference numerals.
The reference numeral (410) has been used to designate the first portion throughout the specification. However, (410) has been used to designate the second portion in ¶ [0107]. It appears that there is a typo, and (410) should be changed to (420) in this paragraph to match the correct reference numerals.
The reference numeral (120) has been used to designate the first side wall throughout the specification. However, (120) has been used to designate the free end in ¶ [0116]. It appears that there is a typo, and (120) should be changed to (123) in this paragraph to match the correct reference numerals.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: "a second end opposite to the first end, a second end forming free end" appears to be a typo as “a second end” is recited twice and “free end” is missing article. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7-8, and 11-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee (US 12,295,479 B2).
Regarding claim 1, Lee discloses a device for packaging and applying a cosmetic product (figure 1) comprising:
a base (item 1500, figure 1) extending about a longitudinal axis and comprising a first side wall (item 1420, figure 1), the first side wall having a first end and a second end opposite to the first end … forming free end (see annotated figure 6 below);
a removable support comprising a housing (item 1200, figure 1) in which the cosmetic product (item 1100, figure 1) is disposed, the removable support being coupled to the free end of the first sidewall (col. 12, lines 4-7);
a protective shell inside which the removable support is housed (item 1300, figure 1), the protective shell forming a movable ring, the ring being able to be axially moved along the base (col. 11, lines 48-54);
wherein the protective shell comprises:
a first portion configured to surround and protect the cosmetic product (item 1310, figure 6);
a second portion slidably mounted to the base (item 1340, figure 6);
a bearing surface for lifting the removable support (item 1320, figure 6);
and wherein the second portion of the protective shell is able to slide on the base until the removable support is uncoupled from the free end of the first side wall and the protective shell is removed, taking the removable support therewith (col. 15, lines 29-34; figure 3(g)).
Regarding claim 2, Lee discloses the device according to claim 1, wherein the base further comprises a second side wall disposed about the first side wall so that the first and second side walls define therebetween an annular cavity in which the protective shell axially slides (see annotated figure 6 below).
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Regarding claim 3, Lee discloses the device according to claim 1, wherein the second portion is slidably mounted to an outer surface of the first side wall (col. 11, lines 56-61).
Regarding claim 4, Lee discloses the device according to claim 3, wherein the second portion of the protective shell is able to slide along the entire length of the first side wall (figure 3).
Regarding claim 5, Lee discloses the device according to claim 3, wherein the second portion of the protective shell and the outer surface of the first side wall are configured to form a helical slide connection (col. 11, lines 56-61; figure 6).
Regarding claim 7, Lee discloses the device according to claim 2, wherein the second portion is slidably mounted to an inner surface of the second side wall (col. 17, lines 14-31; figure 31).
Regarding claim 8, Lee discloses the device according to claim 1, wherein the bearing surface of the protective shell is formed by a shoulder located between the first and second portions of the protective shell (col. 11, lines 26-33).
Regarding claim 11, Lee discloses the device according to claim 1, comprising means for coupling the removable support to the free end of the first side wall (col. 12, lines 4-7).
Regarding claim 12, Lee discloses the device according to claim 11, wherein the means for coupling the removable support to the free end of the first side wall comprise:
a first magnet attached to the removable support (items 3220 A and 3220 B, figure 35);
and a second magnet with an opposite polarity attached to the first side wall (items 3433 A and 3433 B, figure 35; col. 19, lines 36-52).
Regarding claim 13, Lee discloses the device according to claim 11, wherein the means to couple the removable support to the free end of the first side wall are provided in the removable support and/or in the base (figure 35; col. 19, lines 36-52)
Regarding claim 14, Lee discloses the device according to claim 1, further comprising a lid for cooperating with the base in order to close the device (item 1700A, figure 1).
Regarding claim 15, Lee discloses the device according to claim 2, wherein the first side wall and the second wall of the base are annular and concentric (col. 11, lines 34-49; col. 10, lines 22-25; figure 1).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Joung (US 12,357,076 B2).
Regarding claim 6, Lee discloses the device according to claim 5, wherein the outer surface of the first side wall comprises an outer helical thread (item 1424, figure 6).
However, Lee fails to teach the second portion of the protective shell comprises an inner helical thread corresponding to the outer helical thread, rather a protrusion (item 1340, figure 6).
Joung discloses a device for packaging and applying a cosmetic product (abstract), wherein the second portion of the protective shell comprises an inner helical thread (item 32e, figure 8), and the outer surface of the first side wall comprises an outer helical thread (item 44e, figure 8) corresponding to the inner helical thread.
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to have formed the coupling portion of Lee as a helical thread. Joung teaches that a helical thread and a protrusion are interchangeable elements in a stick-type cosmetic container (see Joung col. 6-7, lines 65-3). Joung also teaches that the threaded arrangement allows for stable and controlled withdrawal operation (see Juong col. 10, lines 57-61). Substitution of art-recognized equivalents yielding a predictable result (see MPEP §2143(B)).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Maurin et al. (US 20200288845 A1).
Regarding claim 9, Lee discloses the device according to claim 1, but does not expressly teach the base, protective shell, and removable support are formed by a same material.
Maurin et al. discloses a device for packaging and applying a cosmetic product (figure 2), wherein the base (item 12, figure 2), the protective shell (item 40, figure 2), and the removable support (item 50, figure 2) are formed by a same material (¶ [0052]).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to have formed the base, protective shell, and removable support of Lee using the same material in order to allow for the device to be easily recycled as taught by Maurin et al. (¶ [0063]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Pierpont (US 5,842,805).
Regarding claim 10, Lee discloses the device according to claim 10 and further teaches an interlocking guide portion on the protective shell to guide the removable support (item 5214, figure 33).
However, Lee does not expressly teach that the guide formation comprises inner ribs.
Pierpont discloses a device for packaging and applying a cosmetic product (item 10, figure 2) wherein the first portion of the protective shell (item 14, figure 2) comprises inner ribs (item 30, figure 2) to guide the removable support (item 12, figure 2).
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to have formed the interlocking guide portion of Lee as inner ribs in order to prevent damage to the cosmetic product as taught by Pierpont (col. 1, lines 41-43; col. 2, lines 55-62).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited on PTO-892 disclose subject matter related to various types of devices for packaging and applying cosmetic product which are related to the instant invention.
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 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul R 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.
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/NOAH JACOB ARIF/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 July 27, 2026
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