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 .
Drawings
The drawings are objected to because in Figure 4, sealing ring 20 is shown to be overlapping with a portion of the intermediate ring (see circled portion below) but should not be overlapping.
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Figure 8 is objected to because a bottom wall of the inner cap should not be visible through the front wall, see annotated Figure 8, below).
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In Figure 16, the sealing ring (20) is overlapping with a portion of the intermediate ring (30), see annotated figure below, but should not be overlapping.
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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 3 is objected to because of the following informalities: in lines 2 and 3, variables “K” and “a” should have parentheses around them.
Claim 7 is objected to because of the following informalities: variables “d1” and “d2” should have parentheses around them.
Appropriate correction is required.
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.
Claims 1-20 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.
The term “easy” in claims 1-11, and 13-20 is a relative term which renders the claim indefinite. The term “easy” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of substantive examination, the limitation “An easy opening and closing cosmetic cartridge” is interpreted as follows: “A cosmetic cartridge configured to be opened and closed”.
Claim 12 is rejected due to its dependency on claim 1.
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.
(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 1-3, 6, 9, 12-14, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN216059534U).
Regarding claim 1, Li discloses a cosmetic cartridge (100, Figures 1-11) configured to be opened (“The upper housing 150 is rotatably coupled to the lower housing 110 by an upper hinge 152”, refer to Page 4, seventh full paragraph, wherein the configuration in which the upper housing is pivoted away from the lower housing defines the open position) and closed (configuration shown in Figures 1-4), comprising: an inner cap (220), an intermediate ring (first interpretation: 210, best shown in Figure 11; OR second interpretation: 198, refer to the rotated, cropped and annotated Figure 3, below), and a powder pan (first interpretation: 190; OR second interpretation: 192 + 196), wherein the powder pan is fixedly disposed in the intermediate ring (first interpretation: refer to Figure 4, wherein an inner wall, 196 of the powder pan is disposed within the intermediate ring; fixedly: “The ring 210 is bonded to the open upper portion of the lower shell”, refer to Page 7, seventh full paragraph; OR second interpretation: referring at least to Figure 2, the vertical wall of the powder pan is joined to the intermediate ring by a horizontal bridge portion, refer to the rotated, cropped and annotated Figure 3, below); a sealing ring (228) is fixedly disposed on the inner cap (“the sealing member 228 can be formed integrally with the upper shell 220 by double injection”, refer to Page 7, second to last paragraph); the sealing ring is made of an elastic material (“The sealing member 228 may be formed of a material such as rubber or silicon[e] having an elastic force”, refer to Page 7, second to last paragraph); hardness of the sealing ring is less than hardness of the intermediate ring (“The sealing member…having an elastic force higher than that of the upper inner shell”, refer to Page 7, second to last paragraph); the sealing ring is configured to seal the intermediate ring (first interpretation: “The sealing member 228 functions to seal the lower inner housing 190 as it is brought into contact with the annular horizontal surface 216 of the ring 210”, refer to Page 7, last paragraph; second interpretation: referring to Figure 2, sealing member 228 is depicted as having a protrusion that engages with a recess to seal an interior of the powder pan); a relief groove (not labeled, refer to cropped and annotated Figure 4, below) is formed in the sealing ring (refer to cropped and annotated Figure 4, below); and when the inner cap is opened and closed relative to the intermediate ring, the sealing ring deforms toward the relief groove (the limitation “and when the inner cap is opened and closed relative to the intermediate ring, the sealing ring deforms toward the relief groove” is interpreted as an intended use/functional limitation; that is, Li discloses “The sealing member 228 functions to seal the lower inner housing 190 as it is brought into contact with the annular horizontal surface 216 of the ring 210. In addition, the upper inner shell 220 is pressed downwards by the upper shell 150, so as to maintain the sealing force.”, refer to Page 7, last paragraph; since the sealing ring is formed of a material such as silicone rubber, as the inner cap 220 is pressed downwardly, the sealing ring will compress at least partially in order to make the seal between the inner cap and the intermediate ring, as the sealing ring is brought into contact with the annular horizontal surface 216 of the intermediate ring 210. As the sealing ring is compressed, the compression tends to occur in both a vertical and horizontal direction, which corresponds to the location of the relief groove; additionally and/or alternatively, during compression, the relief groove will tend to become smaller, thereby providing the sealing ring deforms toward the relief groove; additionally and/or alternatively, the shape of the sealing ring is substantially the same as that of the claimed invention, is similarly formed of an elastic material, and would therefore tend to behave similar to that of the claimed invention).
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Regarding claim 2, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 1, wherein the sealing ring comprises an annular structure (refer to cross-sectional views 2-4, and 11, wherein the sealing ring is disposed only on an outer edge of the inner cap, thereby providing an annular structure), the annular structure is open at an upper end and a lower end (refer to Figures 2-4, and 11); an inner sidewall (not labeled, refer to cropped and annotated Figure 2, below) of the sealing ring is attached to an outer sidewall (not labeled, refer to cropped and annotated Figure 2, below) of the inner cap; a longitudinal cross-section of the inner sidewall of the sealing ring comprises an arc-shaped segment (referring to the cropped and annotated Figure 2, below, the inner sidewall of the sealing ring is depicted as being arc-shaped) and a first straight segment (not labeled, refer to the cropped and annotated Figure 2, below), the arc-shaped segment and the first straight segment are connected to each other (refer to the cropped and annotated Figure 2 below); and the arc-shaped segment is located above the first straight segment (refer to the cropped and annotated Figure 2, below, wherein the first straight segment is located at a bottom of the sealing ring and the arc-shaped segment is at a top portion of the sealing ring).
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Regarding claim 3, Li discloses the closing cosmetic cartridge configured to be opened and closed, according to claim 2, wherein a tangent line (not labeled, refer to cropped and annotated Figure 2, below) of the arc-shaped segment is a straight line (K); and an included angle between the straight line (K) and the first straight segment is (a), wherein (a) is an obtuse angle (refer to cropped and annotated Figure 2, below).
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Regarding claim 6, Li discloses the cosmetic cartridge according to claim 1, wherein the relief groove is a blind groove (refer to Figures 2-4, and 11 wherein the bottom of the relief groove is open and a top of the blind groove is closed); an upper end of the relief groove is a sealed end (refer to Figures 2-4, and 11); and a lower end of the relief groove is an open end (refer to Figures 2-4, and 11).
Regarding claim 9, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 1, wherein the sealing ring is located on a lower end surface of the inner cap (refer to Figures 2-4, and 11); and the inner cap and the sealing ring are integrally formed by two-shot molding (“the lower surface of the upper inner shell is combined with a sealing component through double injection molding”, refer to Page 2, second to last paragraph).
Regarding claim 12, Li discloses a cosmetic container (see Figure 1), comprising: the cosmetic cartridge according to claim 1; a base assembly (110), wherein the cosmetic cartridge is detachably connected to the base assembly (“Referring to FIGS. 2 to 4 and 11, the inner housing includes a lower inner housing 190, a ring 210, and an
upper inner housing 220, and can be detachably coupled to the interior of the housing.”, refer to Page 7, third full paragraph); and an outer cap (150), wherein the outer cap (150) is rotatably disposed on the base assembly through a second hinge assembly (152), and the outer cap is capable of being allowed to be closed onto the inner cap (see at least Figure 2).
Regarding claim 13, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 2, wherein the sealing ring is located on a lower end surface of the inner cap (refer to Figures 2-4, and 11); and the inner cap and the sealing ring are integrally formed by two-shot molding (“the lower surface of the upper inner shell is combined with a sealing component through double injection molding”, refer to Page 2, second to last paragraph).
Regarding claim 14, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 3, wherein the sealing ring is located on a lower end surface of the inner cap (refer to Figures 2-4, and 11); and the inner cap and the sealing ring are integrally formed by two-shot molding (“the lower surface of the upper inner shell is combined with a sealing component through double injection molding”, refer to Page 2, second to last paragraph).
Regarding claim 17, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 6, wherein the sealing ring is located on a lower end surface of the inner cap (refer to Figures 2-4, and 11); and the inner cap and the sealing ring are integrally formed by two-shot molding (“the lower surface of the upper inner shell is combined with a sealing component through double injection molding”, refer to Page 2, second to last paragraph).
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 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Kim (KR101431423B1).
Regarding claim 4, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 2, as applied above. Li further discloses wherein the relief groove comprises a first sidewall (not labeled, refer to cropped and annotated Figure 2, below) and a second sidewall (not labeled, refer to cropped and annotated Figure 2, below); a longitudinal cross-section of the first sidewall comprises a second straight segment (not labeled, refer to cropped and annotated Figure 2, below); the second straight segment is parallel to the first straight segment (referring to the annotated Figure below, the second straight segment is substantially horizontal; referring to the annotated Figure provided in the rejection to claim 2 above, the first straight segment is substantially horizontal; thus, the first and second straight segments are parallel to one another).
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Li does not disclose:
a longitudinal cross-section of the second sidewall comprises a third straight segment; the third straight segment is parallel to a tangent line of the arc-shaped segment; and an extended line of the second straight segment intersects with an extended line of the third straight segment.
Rather, Li discloses that the longitudinal cross-section of the second sidewall is curved.
Kim discloses a similar cosmetic cartridge (Figures 1-11), comprising an inner cap (30) having a sealing ring (39) disposed on a bottom surface thereof (see at least Figure 4); and an intermediate ring (20), wherein a longitudinal cross-section of the sealing ring comprises a recess (not labeled, refer to cropped and annotated Figure 6, below), similar to that of Li’s sealing ring, wherein one of the sidewalls forming the recess defines a third surface having a straight segment (refer to cropped and annotated Figure 6, below, wherein a portion of the sidewall corresponds to a straight line), thereby demonstrating that sealing rings with straight segments are known in the art. Although the drawings may not be to scale, they can still be relied upon for teaching the general conditions of the claim because the overall relationship is depicted. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s sealing ring such that a longitudinal cross-section of the second sidewall comprises a third straight segment, as taught by Kim, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
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Modifying Li’s sealing ring such that the third segment is straight, provides a configuration wherein the third straight segment is parallel to a tangent line of the arc-shaped segment; and an extended line of the second straight segment intersects with an extended line of the third straight segment (refer to modified Li image below).
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Regarding claim 15, the combination of Li and Kim discloses the cosmetic cartridge according to claim 4, as applied above. Li further discloses wherein the sealing ring is located on a lower end surface of the inner cap (refer to Figures 2-4, and 11); and the inner cap and the sealing ring are integrally formed by two-shot molding (“the lower surface of the upper inner shell is combined with a sealing component through double injection molding”, refer to Page 2, second to last paragraph).
Claims 5, 7, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Kim (KR101659288B1).
Regarding claim 5, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 2, wherein the relief groove is coaxial with the sealing ring (refer at least to Li Figure 2).
Li does not disclose wherein the relief groove is of a cylindrical annular structure.
Kim discloses a similar cosmetic container comprising an inner cap (42) comprising a sealing ring (50) on a bottom surface thereof (see Figure 5), the inner cap configured to seal a pan (20), wherein the seal comprises a relief groove (refer to Figure 5 wherein the seal has an upside down U-shape), that defines a cylindrical annular structure (refer to Figure 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s cartridge such that the relief groove is of a cylindrical annular structure as taught by Kim, since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 7, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 1, as applied above.
Li further discloses an attached position (the attached position is defined by the sealing ring making contact with the intermediate ring such that powder pan is sealed/closed; the attached position requires the entirety of the sealing ring and the intermediate ring; thus, the sealing position is the area of the cartridge identified in the annotated Figure 11 below) between the sealing ring and the intermediate ring.
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Li further discloses wherein the sealing ring has a maximum outer diameter of (d1) (referring to Figure 2, when viewed rotated 90 degrees, the maximum outer diameter of the sealing ring is distance between the upper left most part and the upper right most part of the sealing ring); the intermediate ring has a minimum inner diameter of (d2) (referring to Figure 2, when rotated 90 degrees, the intermediate ring, 198, has a minimum inner diameter defined by the inner surface of the ring); and both a maximum outer diameter position of the sealing ring and a minimum inner diameter position of the intermediate ring are located at the attached position (refer to the annotated Figure above), wherein the (dl) is greater than the (d2) (refer at least to Figure 2 wherein the inner diameter of the intermediate ring is depicted as being less than that of the outer diameter of the sealing ring; Although the drawings may not be to scale, they can still be relied upon for teaching the general conditions of the claim because the overall relationship is depicted).
Li does not disclose:
wherein the attached position is a hermetically attached position is provided between the sealing ring and the intermediate ring; and a difference between the dl and the d2 is 0.1 mm to 0.5 mm.
Kim discloses a similar cosmetic container comprising an inner cap (42) comprising a sealing ring (50) on a bottom surface thereof (see Figure 5), the inner cap configured to seal a pan (20), wherein the seal formed therebetween is hermetic (refer at least to the abstract), thereby providing a means for better preserving a cosmetic composition stored within the product pan. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s cartridge such that the attached position between the sealing ring and the intermediate ring is a hermetic attachment, as taught by Kim, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of adequately sealing the contents of a cosmetic product pan.
There is no evidence of record that establishes that difference between d1 and d2 would result in a difference in function of the device of the combination of Li and Kim since applicant’s specification provides the claimed range as simply a range that provides an interference fit. Further, a person having ordinary skill in the art, being faced with modifying the difference of the device of the combination of Li and Kim, would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed difference since the combination already provides an interference fit. Lastly, applicant has not disclosed that the claimed range solves any stated problem, and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Regarding claim 16, the combination of Li and Kim discloses the cosmetic cartridge configured to be opened and closed, according to claim 5, as applied above. Li further discloses wherein the sealing ring is located on a lower end surface of the inner cap (refer to Figures 2-4, and 11); and the inner cap and the sealing ring are integrally formed by two-shot molding (“the lower surface of the upper inner shell is combined with a sealing component through double injection molding”, refer to Page 2, second to last paragraph).
Regarding claim 18, the combination of Li and Kim discloses the cosmetic cartridge configured to open and close according to claim 7, as applied above. Li further discloses wherein the sealing ring is located on a lower end surface of the inner cap (refer to Figures 2-4, and 11); and the inner cap and the sealing ring are integrally formed by two-shot molding (“the lower surface of the upper inner shell is combined with a sealing component through double injection molding”, refer to Page 2, second to last paragraph).
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Baehae Dong (KR200431987Y1).
Regarding claim 8, Li discloses the easy opening and closing cosmetic cartridge according to claim 1 (refer to the second interpretation applied in the rejection to claim 1, above), wherein an outer sidewall of the sealing ring extends outward along a radial direction to form an annular protrusion (not labeled, refer to cropped and annotated Figure 2, below); an inner sidewall of the intermediate ring is recessed inward to form an annular groove (not labeled, refer to cropped and annotated Figure 2, below).
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Li does not explicitly disclose:
the annular protrusion is interference-fitted into the annular groove; and the annular protrusion and the annular groove form a hermetically attached position.
Baehae Dong discloses the use of interference (“force fitting method”, refer to Page 6, last paragraph) fitting two sealing surfaces (50 and 33 and 32) comprising a plurality of protrusions and grooves (best shown in Figure 3) in a cosmetic container to affect a hermetically attached position (“outer airtight wall”, refer to Page 6, last paragraph) in order to maintain an integrity of the cosmetic contents stored therein. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s cosmetic cartridge such that the annular protrusion is interference-fitted into the annular groove; and the annular protrusion and the annular groove form a hermetically attached position, since Baehae Dong teaches it is known to fit mating surfaces via interference fit in order to achieve the predictable result of hermetically sealing a cosmetic container and modifying Li’s cosmetic cartridge with the teachings of Baehae Dong would have involved combining prior art elements according to known methods to yield the predictable result of hermetically sealing a cosmetic cartridge to preserve a cosmetic material stored therein.
Regarding claim 19, the combination of Li and Baehae Dong discloses the cosmetic cartridge configured to be opened and closed, according to claim 8, as applied above. Li further discloses wherein the sealing ring is located on a lower end surface of the inner cap (refer to Figures 2-4, and 11); and the inner cap and the sealing ring are integrally formed by two-shot molding (“the lower surface of the upper inner shell is combined with a sealing component through double injection molding”, refer to Page 2, second to last paragraph).
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Lee (KR20160116388A).
Regarding claims 10 and 20, Li discloses the cosmetic cartridge configured to be opened and closed, according to claim 1, as applied above (see second interpretation applied above in the rejection to claim 1), and according to claim 2 (refer to the rejection to claim 2, above).
Li does not disclose wherein when the inner cap is closed onto the intermediate ring, an exhaust passage is formed between the sealing ring and the intermediate ring; and the exhaust passage is configured to realize circulation of air inside and outside the intermediate ring.
Lee discloses a similar cosmetic cartridge (100, Figures 2-7) comprising an inner cap (120) that is configured to be closed onto an intermediate ring (110), the inner cap having a sealing ring (124a) that engages with the intermediate ring to seal contents disposed within a powder pan (140), and an exhaust passage (114) is formed between the sealing ring and intermediate ring (see Figure 6); and the exhaust passage is configured to realize circulation of air inside and outside the intermediate ring (the limitation “the exhaust passage is configured to realize circulation of air inside and outside the intermediate ring” is interpreted in light of applicant’s specification, see spec at the last paragraph of page 4, as requiring that air flows out of the exhaust passage when the inner cap is closed and that air flows into the exhaust passage when the inner cap is opened and not that the exhaust passage serves as a means for continual air circulation between air inside and air outside of the intermediate ring, as this would not provide a seal for the product pan; see detail view of Figure 6 which shows air flowing from an inside to an outside of the intermediate ring via the exhaust passage). Lee’s exhaust passage serves to aid in closing the inner cap and preventing the inner cap from being forced open inadvertently (refer to Page 4, last paragraph). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li’s cosmetic cartridge such that when the inner cap is closed onto the intermediate ring, an exhaust passage is formed between the sealing ring and the intermediate ring; and the exhaust passage is configured to realize circulation of air inside and outside the intermediate ring, as taught by Lee, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of enabling a more easy opening of the inner cap.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN217146797U) in view of Li (CN216059534U).
Regarding claim 1, Yang discloses a cosmetic cartridge (100, Figures 1A-14) configured to be opened and closed, comprising: an inner cap (110), an intermediate ring (120), and a powder pan (not labeled but referring to Figures 1A-1B, the bottom container that couples to intermediate ring 120 defines the powder pan), wherein the powder pan is fixedly disposed (refer to cropped and annotated Figure 1B, below, wherein the powder pan is shown to have a protrusion on a vertical wall thereof that engages with a recess in a vertical wall of the intermediate ring, thereby being fixedly disposed in the intermediate ring) in the intermediate ring; a sealing ring (130) is fixedly disposed (“the annular sealing member 130 is fused on the liner cover 110 by a double injection molding process”, refer to Page 7, fifth paragraph) on the inner cap (refer at least to Figure 1B); the sealing ring is made of an elastic material (“annular sealing member 130 can be made of various materials is formed with elastic properties”, refer to Page 7, second paragraph); the sealing ring is configured to seal the intermediate ring (“the annular sealing member 130 is used to improve the sealing ability of the interior of the cosmetic liner 100”, refer to Page 7, first paragraph; additionally refer at least to Figure 1B wherein the sealing member is in contact with the intermediate ring to affect the sealed interior of the cosmetic liner); a relief groove (any of the concave surfaces of the sealing ring) is formed in the sealing ring; and when the inner cap is opened and closed relative to the intermediate ring, the sealing ring deforms toward the relief groove (the limitation “and when the inner cap is opened and closed relative to the intermediate ring, the sealing ring deforms toward the relief groove” is interpreted as an intended use/functional limitation; that is, Yang discloses that the sealing ring is formed of an elastic material, thus, as the inner cap is moved into contact with the intermediate ring, the sealing ring has a tendency to yield against the surface of the intermediate ring, thereby deforming toward the relief groove/lower surface of the sealing ring).
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Yang does not explicitly disclose that the hardness of the sealing ring is less than hardness of the intermediate ring.
Li discloses a similar cosmetic cartridge (100, Figures 1-11) comprising: an inner cap (220), an intermediate ring (210, best shown in Figure 11), and a powder pan (190); a sealing ring (228) is fixedly disposed on the inner cap (“the sealing member 228 can be formed integrally with the upper shell 220 by double injection”, refer to Page 7, second to last paragraph); the sealing ring is made of an elastic material (“The sealing member 228 may be formed of a material such as rubber or silicon[e] having an elastic force”, refer to Page 7, second to last paragraph); and a hardness of the sealing ring is less than hardness of the intermediate ring (“The sealing member…having an elastic force higher than that of the upper inner shell”, refer to Page 7, second to last paragraph) in order to permit an adequate seal between the inner cap and the intermediate ring/powder pan. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang’s cartridge such that the hardness of the sealing ring is less than hardness of the intermediate ring, as taught by Li, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing an adequate seal between the inner cap and the intermediate ring/powder pan.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yang and Li as applied to claim 1 above, and further in view of Baehae Dong (KR200431987Y1).
Regarding claim 11, the combination of Yang and Li discloses the cosmetic cartridge according to claim 1, as applied above. Yang further discloses wherein a first sleeve (refer to cropped and annotated Figure 1B, below) and a second sleeve (refer to cropped and annotated Figure 1B, below) are fixedly disposed on the intermediate ring (they are one and the same with the intermediate ring and are therefore fixedly disposed thereon); the second sleeve is located outside the first sleeve (refer to cropped and annotated Figure 1B, below); the sealing ring is attached to an inner sidewall of the first sleeve (refer at least to Yang Figure 1B); and the second sleeve is snap-fitted with the inner cap (“the outer wall of the inner container cover 110 is provided with a clamping point 112, the clamping point 112 for the cosmetic inner container 100 from turn on state to the closed state is clamped in the slot 123”, refer to Page 6, fifth paragraph; and “the outer wall of the inner container cover is provided with a clamping point, the inner wall of the inner sleeve is provided with a clamping groove, the clamping point is clamped in the clamping groove when the inner container is switched from the turn on to the closed state, generating sound”, refer to Page 7, fourth paragraph, where “generating sound” describes a snap-fit).
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While the combination discloses that the sealing ring is attached to an inner sidewall of the first sleeve, it does not disclose being hermetically attached.
Baehae Dong discloses fitting two sealing surfaces (50 and 33 and 32) in a cosmetic container to affect a hermetic seal/attachment (“outer airtight wall”, refer to Page 6, last paragraph) in order to maintain an integrity of the cosmetic contents stored therein. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cosmetic cartridge of the combination of Yang and Li such that the sealing ring is hermetically attached to an inner sidewall of the first sleeve, since Baehae Dong teaches it is known to fit mating surfaces via hermetic sealing a cosmetic container and modifying Li’s cosmetic cartridge with the teachings of Baehae Dong would have involved combining prior art elements according to known methods to yield the predictable result of hermetically sealing a cosmetic cartridge to preserve a cosmetic material stored therein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: refer to the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH WOODHOUSE whose telephone number is (571)272-5635. The examiner can normally be reached Monday - Friday: 9am - 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
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.
/SARAH WOODHOUSE/Examiner, Art Unit 3772
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