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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 July 2025 has been entered.
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 handle configured to position the applicator cay at various angles recited in claims 1, 15, and 17 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 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, 4, 7, 15, 17, and 21 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.
Claims 1, 15, and 17 recite an articulating handle that includes a sensor and the handle is configured to position the applicator cap assembly at various angles upon detection of the type of cosmetic formula being applied, wherein the handle positions the applicator cap assembly at an angle between 45° and 90° with respect to the handle when an eyelash formulation is detected, at an angle between 30° to 80° from horizontal with respect to ground when a lip formulation is detected, and at an angle between 0° and 60° with respect to the handle when a nail formulation is detected. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. When claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear. Halliburton Energy Servs., Inc. v. M-I LLC, 514 F.3d 1244, 1255, 85 USPQ2d 1654, 1663 (Fed. Cir. 2008). In this case, Applicant has described a result (the handle moves the applicator to a particular angle) without describing any structure(s) that achieves that result. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claims 4, 7, and 21 are rejected as inheriting the defect(s) of their respective parent claim(s)
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(s) 1, 4, 15, 17, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pang (US 2020/0085168) in view of Park (US 9185960).
Regarding claim 1, Pang teaches an applicator cap assembly (106) for applying a cosmetic formula and an articulating handle (100), comprising of: an applicator cap assembly, and an articulating handle (100) connected to the applicator cap assembly, wherein the handle includes a sensor (306), wherein the applicator cap includes, an applicator (401), wherein a first end of the applicator includes a brush (Fig. 4) configured to retain an amount of the cosmetic formula for application, and a coupling portion (402) that is connected to a second end of the applicator brush a cap portion (105) has a cylindrical exterior wall from a top to a bottom of the cap portion; the cap portion has an open bottom end (501) that fits on the top-facing cylinder of the coupling portion, and the cap portion has a flat top end with a cavity (503) extending at least partially into the cap portion, wherein the cavity is configured to receive a corresponding protrusion (protrusion of 104) from the handle therein, wherein the closed top-facing cylinder of the coupling portion is releasably inserted within the open bottom-facing cylinder of the cap portion via a press fit (¶0046 teaches that the threading may be replaced with other attaching means), wherein the interior wall of the cavity extends to ‘about a middle’ of the cap portion (Fig. 5B), and a data storage device (RFID, ¶0045) embedded in the cap portion that communicates with the sensor in the handle, wherein the data storage device communicates information of a type of the cosmetic formulation and the handle is configured to position the applicator cap assembly at various angles upon detection of the type of cosmetic formula being applied (¶0045), wherein the handle positions the applicator cap assembly at an angle between 45° and 90° with respect to the handle when an eyelash formulation is detected (Fig. 6B), at an angle between 30° to 80° from horizontal with respect to ground when a lip formulation is detected (Fig. 6C shows that a user could position the device such that the handle would position the applicator at the claimed angle), and at an angle between 0° and 60° with respect to the handle when a nail formulation is detected (Fig. 6A).
Pang does not teach a bottle comprising a cosmetic formulation; wherein the applicator is releasably coupled to the bottle;, the coupling potion is configured to releasably couple the applicator to the bottle, wherein the coupling portion has a closed top-facing cylinder on top; wherein the cavity includes an interior wall having a cross-sectional shape of two intersecting lobes with a narrow section at respective sides of the intersections of the lobes; wherein a first and a second rod magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion.
Park teaches a bottle (47) comprising a cosmetic formula, wherein the applicator is releasably coupled to the bottle (via threads, see Fig. 1B and 1D); that the applicator includes a coupling portion (shown at 61) that is connected to a second end of the applicator brush, the coupling potion is configured to releasably couple the applicator to the bottle.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the device of Pang with a bottle comprising a cosmetic formulation; wherein the applicator is releasably coupled to the bottle;, the coupling potion is configured to releasably couple the applicator to the bottle, wherein the coupling portion has a closed top-facing cylinder on top as taught by Park for the purpose of providing the user with a convenient reservoir of cosmetic.
Regarding the difference in shape between the coupling portion of Pang and the claimed coupling portion with a closed top-facing cylinder on top: at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to change the shape of the coupling portion such that it had a closed top-facing cylinder because Applicant has not disclosed that the particular top shape of the coupling portion provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang coupling portion and the applicant’s invention to perform equally well with either the open cylinder taught by Pang or the claimed closed top-facing cylinder on top because both coupling portions are equally capable of being received in the cap portion.
Regarding the difference in the shape of the cavity of Pang and the claimed cavity: at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have modified the cavity of Pang such that the a cross-sectional shape of an interior wall of the cavity is of two intersecting lobes with a narrow section at respective sides of the intersections of the lobes because Applicant has not disclosed that the shape of the cavity provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang’s applicator and the applicant’s invention to perform equally well with either the cavity shape taught by Pang or the claimed cavity with a cross-sectional shape of an interior wall of the cavity is of two intersecting lobes with a narrow section at respective sides of the intersections of the lobes because both cavities are equally capable of releasably joining the handle and the applicator. It is noted that Applicant discloses that the cavity may be any shape that interfaces with the handle (pg. 8, Il. 9-11).
Regarding the difference between the magnet of Pang and the claimed first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion: it would have been an obvious matter of design choice to a person of ordinary skill in the art to have modified the cap of Pang such that a first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion because Applicant has not disclosed that the specific location of the magnet provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang’s applicator and the applicant’s invention to perform equally well with either the magnet taught by Pang or the claimed first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion because both magnets are equally capable of retaining a handle with a magnetic portion.
Regarding claim 4, the combination of Pang and Park teaches the bottle and applicator cap assembly of Claim 1, wherein the application end has a plurality of application bristles (Pang, Fig. 4) configured to retain an amount of the cosmetic formula for application.
Regarding claim 7, the combination of Pang and Park teaches the bottle and applicator cap assembly of Claim 1, further comprising an elongate stem (Pang, Fig. 4) positioned between the application end and the coupling portion.
Regarding claim 15, Pang teaches an applicator cap assembly (106) for applying a cosmetic formula and an articulating handle (100), comprising of: an applicator cap assembly, and an articulating handle (100) connected to the applicator cap assembly, wherein the handle includes a sensor (306), wherein the applicator cap includes, an applicator (401), wherein a first end of the applicator includes a brush (Fig. 4) configured to retain an amount of the cosmetic formula for application, and a coupling portion (402) that is connected to a second end of the applicator brush a cap portion (105) has a cylindrical exterior wall from a top to a bottom of the cap portion; the cap portion has an open bottom end (501) that fits on the top-facing cylinder of the coupling portion, and the cap portion has a flat top end with a cavity (503) extending at least partially into the cap portion, wherein the cavity is configured to receive a corresponding protrusion (protrusion of 104) from the handle therein, wherein the closed top-facing cylinder of the coupling portion is releasably inserted within the open bottom-facing cylinder of the cap portion via a press fit (¶0046 teaches that the threading may be replaced with other attaching means), wherein the interior wall of the cavity extends to ‘about a middle’ of the cap portion (Fig. 5B), and a data storage device (RFID, ¶0045) embedded in the cap portion that communicates with the sensor in the handle, wherein the data storage device communicates information of a type of the cosmetic formulation and the handle is configured to position the applicator cap assembly at various angles upon detection of the type of cosmetic formula being applied (¶0045), wherein the handle positions the applicator cap assembly substantially horizontal with respect to ground during application to eyelashes (Fig. 6B).
Park teaches a bottle (47) comprising a cosmetic formula, wherein the applicator is releasably coupled to the bottle (via threads, see Fig. 1B and 1D); that the applicator includes a coupling portion (shown at 61) that is connected to a second end of the applicator brush, the coupling potion is configured to releasably couple the applicator to the bottle.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the device of Pang with a bottle comprising a cosmetic formulation; wherein the applicator is releasably coupled to the bottle;, the coupling potion is configured to releasably couple the applicator to the bottle, wherein the coupling portion has a closed top-facing cylinder on top as taught by Park for the purpose of providing the user with a convenient reservoir of cosmetic.
Regarding the difference in shape between the coupling portion of Pang and the claimed coupling portion with a closed top-facing cylinder on top: at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to change the shape of the coupling portion such that it had a closed top-facing cylinder because Applicant has not disclosed that the particular top shape of the coupling portion provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang coupling portion and the applicant’s invention to perform equally well with either the open cylinder taught by Pang or the claimed closed top-facing cylinder on top because both coupling portions are equally capable of being received in the cap portion.
Regarding the difference in the shape of the cavity of Pang and the claimed cavity: at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have modified the cavity of Pang such that the a cross-sectional shape of an interior wall of the cavity is of two intersecting lobes with a narrow section at respective sides of the intersections of the lobes because Applicant has not disclosed that the shape of the cavity provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang’s applicator and the applicant’s invention to perform equally well with either the cavity shape taught by Pang or the claimed cavity with a cross-sectional shape of an interior wall of the cavity is of two intersecting lobes with a narrow section at respective sides of the intersections of the lobes because both cavities are equally capable of releasably joining the handle and the applicator. It is noted that Applicant discloses that the cavity may be any shape that interfaces with the handle (pg. 8, Il. 9-11).
Regarding the difference between the magnet of Pang and the claimed first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion: it would have been an obvious matter of design choice to a person of ordinary skill in the art to have modified the cap of Pang such that a first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion because Applicant has not disclosed that the specific location of the magnet provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang’s applicator and the applicant’s invention to perform equally well with either the magnet taught by Pang or the claimed first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion because both magnets are equally capable of retaining a handle with a magnetic portion.
Regarding claim 17, Pang teaches Regarding claim 1, Pang teaches an applicator cap assembly (106) for applying a cosmetic formula and an articulating handle (100), comprising of: an applicator cap assembly, and an articulating handle (100) connected to the applicator cap assembly, wherein the handle includes a sensor (306), wherein the applicator cap includes, an applicator (401), wherein a first end of the applicator includes a brush (Fig. 4) configured to retain an amount of the cosmetic formula for application, and a coupling portion (402) that is connected to a second end of the applicator brush a cap portion (105) has a cylindrical exterior wall from a top to a bottom of the cap portion; the cap portion has an open bottom end (501) that fits on the top-facing cylinder of the coupling portion, and the cap portion has a flat top end with a cavity (503) extending at least partially into the cap portion, wherein the cavity is configured to receive a corresponding protrusion (protrusion of 104) from the handle therein, wherein the closed top-facing cylinder of the coupling portion is releasably inserted within the open bottom-facing cylinder of the cap portion via a press fit (¶0046 teaches that the threading may be replaced with other attaching means), wherein the interior wall of the cavity extends to ‘about a middle’ of the cap portion (Fig. 5B), and a data storage device (RFID, ¶0045) embedded in the cap portion that communicates with the sensor in the handle, wherein the data storage device communicates information of a type of the cosmetic formulation and the handle is configured to position the applicator cap assembly at various angles upon detection of the type of cosmetic formula being applied (¶0045), wherein the handle positions the applicator cap assembly between 45° and 60° from horizontal with respect to the ground during application to lips (a user can hold the device similar to in Fig. 6C such that the handle positions the applicator cap at the claimed angle).
Park teaches a bottle (47) comprising a cosmetic formula, wherein the applicator is releasably coupled to the bottle (via threads, see Fig. 1B and 1D); that the applicator includes a coupling portion (shown at 61) that is connected to a second end of the applicator brush, the coupling potion is configured to releasably couple the applicator to the bottle.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have provided the device of Pang with a bottle comprising a cosmetic formulation; wherein the applicator is releasably coupled to the bottle;, the coupling potion is configured to releasably couple the applicator to the bottle, wherein the coupling portion has a closed top-facing cylinder on top as taught by Park for the purpose of providing the user with a convenient reservoir of cosmetic.
Regarding the difference in shape between the coupling portion of Pang and the claimed coupling portion with a closed top-facing cylinder on top: at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to change the shape of the coupling portion such that it had a closed top-facing cylinder because Applicant has not disclosed that the particular top shape of the coupling portion provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang coupling portion and the applicant’s invention to perform equally well with either the open cylinder taught by Pang or the claimed closed top-facing cylinder on top because both coupling portions are equally capable of being received in the cap portion.
Regarding the difference in the shape of the cavity of Pang and the claimed cavity: at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have modified the cavity of Pang such that the a cross-sectional shape of an interior wall of the cavity is of two intersecting lobes with a narrow section at respective sides of the intersections of the lobes because Applicant has not disclosed that the shape of the cavity provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang’s applicator and the applicant’s invention to perform equally well with either the cavity shape taught by Pang or the claimed cavity with a cross-sectional shape of an interior wall of the cavity is of two intersecting lobes with a narrow section at respective sides of the intersections of the lobes because both cavities are equally capable of releasably joining the handle and the applicator. It is noted that Applicant discloses that the cavity may be any shape that interfaces with the handle (pg. 8, Il. 9-11).
Regarding the difference between the magnet of Pang and the claimed first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion: it would have been an obvious matter of design choice to a person of ordinary skill in the art to have modified the cap of Pang such that a first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion because Applicant has not disclosed that the specific location of the magnet provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Pang’s applicator and the applicant’s invention to perform equally well with either the magnet taught by Pang or the claimed first and second magnet is each respectively placed vertically adjacent to one of the intersections of the first and second lobes between the interior wall of the cavity, the cylindrical wall of the cap portion, and an underside of the flat top end of the cap portion because both magnets are equally capable of retaining a handle with a magnetic portion.
Regarding claim 21, the combination of Pang and Park teaches the bottle and applicator cap assembly of Claim 1, wherein the handle is configured to mechanically remove the applicator cap assembly from the bottle (the handle of Pang can be used to remove the cap from the bottle of Park).
Response to Arguments
Applicant's arguments filed 29 July 2025 have been fully considered but they are not persuasive.
Applicant argues that Park, Betz, and Pathak do not teach a handle as claimed.
In response, it is noted that the newly cited Pang reference is relied upon to teach the claimed handle.
Conclusion
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/BRADLEY S OLIVER/Examiner, Art Unit 3754