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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/02/2025 has been entered.
Claims 1, 10, 12 and 21 are amended. Claims 1-15 and 21 are currently pending in the application with claims 7-9 being withdrawn from further consideration.
Response to Arguments
Applicant’s arguments, see pg. 7-8, filed 09/02/2025, with respect to the rejections of claims 1 and 21 under 35 U.S.C. 102(a)(1) have been fully considered but they are not persuasive.
Applicant argues that Fukugaki fails to teach “an extension extending from the body on a side opposite the eyelid contact region, wherein the extension has a width dimension that is narrower than the width dimension of the eyelid contact region” as recited by amended claim 1 and 21.
The body of the device of Fukugaki can be divided into two sides by an imaginary vertical line as shown in annotated Fig. 9 below. The extension (handle neck 21) extends from the body on the side of the line opposite the eyelid contact region (20). The width dimension of the handle neck is also shown in Fig. 9 to be narrower than the width dimension of the eyelid contact region. Further, Fig. 9 of Fukugaki shows that the neck of the handle is narrower than the width dimension of the eyelid contact region.
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Applicant’s arguments, see pg. 8, with respect to the rejection of claim 12 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kim (US 2017/0156482).
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 1-6, 10-11 and 21 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.
Claims 1 and 21 have both been amended such that they claim “a finger contact region” and “an extension extending from the body on a side opposite the eyelid contact region…”. It appears as though the finger contact region, the body and the extension are being claimed as separate structures. However, as best understood from the Specification and Figures, the finger contact region is a part of the body and is defined by the extension (see finger contact region 14, body 12 and extension 30 in Fig. 6-10 and paragraphs [0055] and [0056] of the specification). It is unclear in the claims if the finger contact region and the extension are the same structure or if they are distinct. It is further unclear if the extension is a part of the body. For examination purposes, the “an extension extending from the body on a side opposite the eyelid contact region” in claims 1 and 21 has been interpreted as though it reads “the finger contact region comprises an extension extending on a side of the body
Claims 2-6 and 10-11 are rejected by virtue of their dependency from claim 1.
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 1-6, 10-11 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukugaki et al. (US 2009/0064435).
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Regarding claims 1 and 21, Fukugaki discloses a self-administered apparatus for removing debris from an eyelid (1A, see Fig. 7-9), comprising: a body (2) having a finger contact region (21) and an eyelid contact region (20), wherein the eyelid contact region has a width dimension and a length dimension, wherein the length dimension is greater than the width dimension (see annotated Fig. 9); a pair of pads integrally formed within the eyelid contact region (there is a pad on either side of the eyelid contact region extending along the length dimension, see annotated Fig. 7) and configured to be brought to bear against an eyelid margin of the eyelid of a user (a user could bring the pads of the device of Fukugaki into contact with an eyelid if desired), the pair of pads including a first pad and a second pad, wherein the first pad is located closer to a first end of the width dimension than the second pad, the second pad is located closer to a second end of the width dimension than the first pad (see annotated Fig. 7); a plurality of bristles, wherein every one of the plurality of bristles is a member of one and only one of three mutually exclusive groups of bristles (each bristle on the device belongs to one of three groups: R1, R2, or R3), including a first group of first bristles (R2), a second group of first bristles (R3), and a second group of bristles (R1), wherein every bristle in the group of second bristles is located between every bristle in the first group of first bristles and every bristle in the second group of first bristles (see Fig. 9); wherein each first bristle is a first length; and wherein each second bristle is a second length that is greater than the first length (see Fig. 8), wherein the group of second bristles is configured to be brought to bear against eyelashes and the eyelid margin of the eyelid of a user more so than the two groups of first bristles (the group of second bristles in the device of Fukugaki are capable of being brought to bear against eyelashes and an eyelid margin of a user to a greater extent than the two groups of first bristles since the group of second bristles is taller and would therefore make greater contact with an eyelid than the two groups of first bristles, see Fig. 8), wherein the first group of first bristles includes every one of the bristles located between the first pad and the group of second bristles and the second group of first bristles includes every one of the bristles located between the second pad and the group of second bristles, wherein the group of second bristles is located between the first group of first bristles and the second group of first bristles along the width dimension and also between the first pad and the second pad along the width dimension (see Fig. 9), and wherein the finger contact region comprises an extension (handle neck 21) extending on a side of the body opposite the eyelid contact region, wherein the extension has a width dimension that is narrower than the width dimension of the eyelid contact region (see annotated Fig. 9 above).
Regarding claim 2, Fukugaki discloses wherein the first group of first bristles (R2) is spaced from the second group of first bristles (R3), wherein each bristle of the first group of first bristles is spaced from each other, and wherein each bristle of the second group of first bristles is spaced from each other (see Fig. 9).
Regarding claim 3, Fukugaki discloses wherein the group of second bristles (R1) is spaced from each of the two groups of first bristles (R2, R3) and from each other (see Fig. 9).
Regarding claim 4, Fukugaki discloses wherein each of the two groups of first bristles and the group of second bristles are integrally formed as part of the eyelid contact region and project from the eyelid contact region (the bristles are attached to the body by integral molding, see [0059]).
Regarding claim 5, Fukugaki discloses wherein the eyelid contact region comprises a shape that substantially matches and conforms to an outer shape of an eyelid margin and eyelashes (the eyelid contact region of the device of Fukugaki has all of the structure claimed and is capable of conforming to the outer shape of the eyelid margin and eyelashes in the same way as the device of the application since the two groups of first bristles are shorter than the group of second bristles, see of Fukugaki and in the instant application, [0054] of the Specification) including a curved surface curving along the length dimension near one end of the length dimension of the body (see annotated Fig. 7 and Fig. 9), wherein some of the two groups of first bristles and some of the group of second bristles are located along a portion of the curved surface (all of the bristles are located along the outer surface of the device which includes a curved portion, see annotated Fig. 7 — it is noted that the claim language does not require the bristles to be located on the curved portion of the surface and it does not preclude all of the bristles from being located along the curved portion).
Regarding claim 6, Fukugaki discloses wherein the pair of pads are configured to frictionally engage with the eyelid margin, and the two groups of first bristles are configured to frictionally engage with the eyelid margin and eyelashes less so than the group of second bristles when the apparatus is self-administered and in use by a user upon that user's eyelid (the pair of pads are configured to contact the eyelid margin and the two groups of first bristles would make less contact with the eyelid margin and eyelashes than the group of second bristles since the group of second bristles is longer than the two groups of first bristles and would therefore extend closer to the eyelids and eyelashes than the two groups of first bristles, see Fig. 8).
Regarding claim 10, Fukugaki discloses the extension (21, see Fig. 7) is configured to accommodate two fingers of a user applied on opposite sides of the extension, and wherein the user, upon movement of the two fingers, causes the eyelid contact region to massage an eyelid of the user (a user can grasp the device with two fingers on either side of the handle 21 to bring the device into contact with an eyelid to massage the eyelid).
Regarding claim 11, Fukugaki discloses wherein the pair of pads comprise a corresponding pair of substantially smooth pad surfaces coplanar to each other and absent any bristles (the pads on either side of head 20 are smooth, coplanar and absent any bristles, see Fig. 7).
Claim Rejections - 35 USC § 103
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 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fukugaki in view of Kim (US 2017/0156482).
Regarding claim 12, Fukugaki discloses a self-administered apparatus for removing debris from an eyelid (1A, see Fig. 7-9), comprising: a body (2) having a finger contact region (21) and an eyelid contact region (20), wherein the eyelid contact region has a width dimension and a length dimension, wherein the length dimension is greater than the width dimension (see annotated Fig. 9); a pair of pads integrally formed within the eyelid contact region (there is a pad on either side of the eyelid contact region extending along the length dimension, see annotated Fig. 7) and configured to be brought to bear against an eyelid margin of the eyelid of a user (a user could bring the pads of the device of Fukugaki into contact with an eyelid if desired), the pair of pads including a first pad and a second pad, wherein the first pad is located closer to a first end of the width dimension than the second pad, the second pad is located closer to a second end of the width dimension than the first pad (see annotated Fig. 7); a plurality of bristles, wherein every one of the plurality of bristles is a member of one and only one of three mutually exclusive groups of bristles (each bristle on the device belongs to one of three groups: R1, R2, or R3), including a first group of first bristles (R2), a second group of first bristles (R3), and a second group of bristles (R1), wherein every bristle in the group of second bristles is located between every bristle in the first group of first bristles and every bristle in the second group of first bristles (see Fig. 9); wherein each first bristle is a first length; and wherein each second bristle is a second length that is greater than the first length (see Fig. 8), wherein the group of second bristles is configured to be brought to bear against eyelashes and the eyelid margin of the eyelid of a user more so than the two groups of first bristles (the group of second bristles in the device of Fukugaki are capable of being brought to bear against eyelashes and an eyelid margin of a user to a greater extent than the two groups of first bristles since the group of second bristles is taller and would therefore make greater contact with an eyelid than the two groups of first bristles, see Fig. 8), wherein the first group of first bristles includes every one of the bristles located between the first pad and the group of second bristles and the second group of first bristles includes every one of the bristles located between the second pad and the group of second bristles, wherein the group of second bristles is located between the first group of first bristles and the second group of first bristles along the width dimension and also between the first pad and the second pad along the width dimension (see Fig. 9).
Fukugaki fails to teach “the eyelid contact region comprises a curved surface curving along the length dimension near one end of the length dimension of the body, wherein some of the two groups of first bristles and some of the group of second bristles are located on the curved surface”.
Kim, in the same field of art, teaches a related device (see Fig. 2) having a curved surface along the length dimension near one end of the length dimension (the surface of body 10 is curved along its entire length and therefore curves near one end of the length of the dimension, see Fig. 2) with bristles (20) located on the curved surface. The body being constructed in this way reduces friction between the inside of the cheek and the body of the device during use (see [0021]).
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 device of Fukugaki to include a curved surface, as taught by Kim, since doing so would reduce friction between the inside of the cheek and the body of the device during use.
The combination of Fukugaki and Kim would result in the head of the device Fukugaki (head 20, see Fig. 7 of Fukugaki) having the curve of the head of the device of Kim (curved body plate 10, see Fig. 2 of Kim). The bristles of Fukugaki would all be located on a curved surface.
Regarding claim 13, Fukugaki discloses wherein each of the two groups of first bristles and the group of second bristles are integrally formed as part of the eyelid contact region and project from the eyelid contact region (the bristles are attached to the body by integral molding, see [0059]).
Regarding claim 14, Fukugaki discloses wherein the group of second bristles (R1) are configured to be brought to bear against a central area adjoining a pair of eyelids, and wherein the two groups of first bristles (R2, R3) are configured to be brought to bear, to a lesser extent than the group of second bristles, against two areas on opposite sides of the central area adjoining the pair of eyelids (the group of second bristles in the device of Fukugaki are capable of being brought to bear against a central area adjoining a pair of eyelids to a greater extent than the two groups of first bristles since the group of second bristles is taller and would therefore make greater contact with an eyelid than the two groups of first bristles, see Fig. 7).
Regarding claim 15, Fukugaki discloses the group of second bristles and the two groups of first bristles are configured to be brought to bear against upper and lower eyelid margins and eyelashes of the user when at least one finger of the user is applied to the finger contact region and moved (the bristles in the device of Fukugaki are capable of being brought to bear against upper and lower eyelid margins and eyelashes of a user when a user holds handle 21 to bring the device to towards the eyelid and eyelashes as claimed, see Fig. 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SERENITY MILLER whose telephone number is (571)272-1155. The examiner can normally be reached Monday-Friday 8:00am-5pm.
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/SERENITY A MILLER/Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771