Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
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 6, and 9-13, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hirzel (US 5186190) in view of Gueret (US 20030063945).
Regarding Claim 6, Hirzel discloses a method of applying a cosmetic composition to a set of eyebrows (Column 1, Lines 62-68) comprising the steps of: selecting a stencil (column 4, Lines 28-30 discloses the user can select a different stencil and interchange them); aligning the stencil in an eyebrow region (Column 3, Lines 28-34 discloses placing the stencil in the correct position) of a first eye of a user (Figure 1); utilizing a stamping device (Column 3, Lines 30-34 discloses using a sponge tip applicator to apply the cosmetic, where a sponge tip applicator is a stamping device); applying a quantity of the eyebrow solution to the first eyebrow by pressing the stamping device against the stencil in the eyebrow region of the first eye (Column 3, Lines 26-34 discloses applying the cosmetic to the eyebrow as shown in Figure 2); repeating application of the quantity of the eyebrow solution to the stencil in the eyebrow region of the first eye until full eyebrow coverage (Column 3, Lines 26-34 discloses filling in the eyebrow, where filling in requires repeated pressing until the desired coverage is achieved); aligning the stencil in an eyebrow region of a second eye of user (Column 3, Lines 28-34 discloses placing the stencil in the correct position); applying the eyebrow solution to the second eyebrow by pressing the stamping device against the stencil in the eyebrow region of the second eye (Column 3, Lines 26-34 discloses applying the cosmetic to the eyebrow as shown in Figure 2); and repeating application of the quantity of the eyebrow solution to the stencil in the eyebrow region of the second eye until full eyebrow coverage (Column 3, Lines 26-34 discloses filling in the eyebrow, , further filling in requires repeated pressing until the desired coverage is achieved).
Hirzel does not disclose wherein the stamping device comprises: a housing; an applicator extending from a distal end of the housing; and a removably coupled cap member configured to cover the applicator when the stamping device is not in use, and containing a quantity of an eyebrow solution in a reservoir, wherein the cap member further comprises a replenishment piston in fluid communication with the reservoir and wherein the replenishment piston is displaced downward and upward inside the reservoir; disengaging the cap member from the housing; pressing the applicator into the cap member and displacing the replenishment piston downward to release a quantity of eyebrow solution from the reservoir, wherein the quantity of eyebrow solution is transferred from then reservoir onto the applicator.
Gueret discloses a device for applying cosmetic (Figures 1-3) comprising: a stamping device (50; figures 1-3; paragraph [0049]) the stamping device comprises: a housing (60; figures 1-3; paragraph [0049]); an applicator extending from a distal end of the housing; (figures 1-3) and a removably coupled cap member (30; figures 1-3; paragraph [0049]; the Examiner notes while 30 is disclosed to be a housing, the housing functions as a cap) configured to cover the applicator when the stamping device is not in use (figure 1), and containing a quantity of an solution in a reservoir (p; figure 1), wherein the cap member further comprises a replenishment piston (80; figure 1) in fluid communication with the reservoir (figures 1-3; paragraph [0056]) and wherein the replenishment piston is displaced downward and upward inside the reservoir (paragraphs [0056]-0057]); disengaging the cap member from the housing (paragraph [0057]); pressing the applicator into the cap member and displacing the replenishment piston downward to release a quantity of solution from the reservoir (paragraph [0057]), wherein the quantity of solution is transferred from then reservoir onto the applicator (paragraph [0057]).
It would have been obvious to one of ordinary skill in the art to modify the method of Hirzel such that the stamping device/applicator have the configuration taught by Gueret and therefore provide the claimed components, as Hirzel is not specific regarding the structural characteristics of the stamping device/applicator and Gueret demonstrates the stamping device as claimed is well-known and conventional for application of cosmetics, additionally, the stamping device/applicator disclosed by Gueret is small and freely bends to the surface of the skin and face.
Regarding Claim 9, Hirzel as modified by Gueret discloses the method of Claim 6 where a replenishment piston is disposed to refill the applicator with the eyebrow solution (Hirzel, Column 3, Lines 26-34) inside the reservoir (figure 1, Gueret). As explained in the rejection of claim 6 above, the applicator of Gueret is used to apply the cosmetics per the method of Hirzel.
Regarding Claim 10, Hirzel as modified by Gueret discloses the method as claimed in Claim 6. Hirzel does not disclose the step of applying the eyebrow solution begins at a start point on the stencil and continues until an end point on the stencil. Although Hirzel does not explicitly disclose start and end points, eyebrows are conventionally filled in from the one end to the opposing end, (shown in Figure 2 where the applicator is positioned proximate one end); thus, making the opposing ends of the stencil the start and end points. It would have been obvious to one of ordinary skill in the art to have modified the method of Hirzel to begin application at a start point on the stencil and continue until an end point on the stencil as it would have been an obvious design choice in order to tell the user where to begin application of the cosmetic and application is conventionally applied from a start point and continues to an opposing end point.
Regarding Claim 11, Hirzel as modified by Gueret discloses the method of Claim 6. Hirzel discloses the selected stencil is capable of creating a desired shape, width and size of each eyebrow (Column 3, Lines 3-8).
Regarding Claim 12, Hirzel as modified by Gueret discloses the method of Claim 6 where the replenishment piston resisted by a spring mechanism (630, 620; Figure 3 of Gueret). As explained in the rejection of claim 6 above, the applicator of Gueret is used to apply the cosmetics per the method of Hirzel.
Regarding Claim 13, Hirzel as modified by Gueret discloses the method of Claim 6. Hirzel discloses the stencil is attachable to the eyebrow (figure 2).
However, it would have been obvious to one of ordinary skill in the art to have modified the instructive demarcation of Hirzel to consist of “start” as it would have been an obvious design choice in order to tell the user where to begin.
Regarding Claim 16, Hirzel discloses a method of applying a cosmetic composition to a set of eyebrows (Column 1, Lines 62-68) comprising the steps of: selecting a stencil (column 4, Lines 28-30 discloses the user can select a different stencil and interchange them); aligning the stencil in an eyebrow region (Column 3, Lines 28-34 discloses placing the stencil in the correct position) of a first eye of a user (Figure 1); utilizing a stamping device (Colum 3, Lines 30-34 discloses using a sponge to apply the cosmetic); applying a quantity of the eyebrow solution to the first eyebrow by pressing the stamping device against the stencil in the eyebrow region of the first eye (Column 3, Lines 26-34 discloses applying the cosmetic to the eyebrow as shown in Figure 2); repeating application of the quantity of the eyebrow solution to the stencil in the eyebrow region of the first eye until full eyebrow coverage (Column 3, Lines 26-34 discloses filling in the eyebrow, further filling in requires repeated pressing until the desired coverage is achieved); aligning the stencil in an eyebrow region of a second eye of user (Column 3, Lines 28-34 discloses placing the stencil in the correct position); applying the eyebrow solution to the second eyebrow by pressing the stamping device against the stencil in the eyebrow region of the second eye (Column 3, Lines 26-34 discloses applying the cosmetic to the eyebrow as shown in Figure 2); and repeating application of the quantity of the eyebrow solution to the stencil in the eyebrow region of the second eye until full eyebrow coverage (Column 3, Lines 26-34 discloses filling in the eyebrow, further filling in requires repeated pressing until the desired coverage is achieved).
Hirzel does not disclose wherein the stamping device comprises: a housing; an applicator extending from a distal end of the housing; and a removably coupled cap member configured to cover the applicator when the stamping device is not in use, and containing a quantity of an eyebrow solution in a reservoir; wherein the cap member is removed from the housing and wherein the applicator is pressed into the cap member to engage a spring mechanism and displace a replenishment piston within the cap member and release a quantity of an eyebrow solution from the reservoir within the cap member onto the applicator ;
Gueret discloses a device for applying cosmetic (Figures 1-3) comprising: a stamping device (50; figures 1-3; paragraph [0049]) the stamping device comprises: a housing (60; figures 1-3; paragraph [0049]); an applicator extending from a distal end of the housing; (figures 1-3) and a removably coupled cap member (30; figures 1-3; paragraph [0049]; the Examiner notes while 30 is disclosed to be a housing, the housing functions as a cap) configured to cover the applicator when the stamping device is not in use (figure 1), and containing a quantity of an solution in a reservoir (p; figure 1), wherein the cap member further comprises a replenishment piston (80; figure 1) in fluid communication with the reservoir (figures 1-3; paragraph [0056]) and wherein the replenishment piston is displaced downward and upward inside the reservoir (paragraphs [0056]-0057]); disengaging the cap member from the housing (paragraph [0057]); pressing the applicator into the cap member and displacing the replenishment piston downward to release a quantity of solution from the reservoir (paragraph [0057]), wherein the quantity of solution is transferred from then reservoir onto the applicator (paragraph [0057]).
It would have been obvious to one of ordinary skill in the art to modify the method of Hirzel such that the stamping device/applicator have the configuration taught by Gueret and therefore provide the claimed components, as Hirzel is not specific regarding the structural characteristics of the stamping device/applicator and Gueret demonstrates the stamping device as claimed is well-known and conventional for application of cosmetics, additionally, the stamping device/applicator disclosed by Gueret is small and freely bends to the surface of the skin and face.
Regarding Claim 17, Hirzel discloses a method of applying a cosmetic composition to a set of eyebrows (Column 1, Lines 62-68) comprising the steps of: selecting a reversible stencil (Figures 1-2 show the stencil 20, the right and left sides can be flipped and used on opposing sides in order to make the same eyebrow shape on the other side of the face); aligning the stencil in an eyebrow region of a first eye of a user (column 4, Lines 28-30 discloses the user can select a different stencil and interchange them); utilizing a stamping device (Colum 3, Lines 30-34 discloses using a sponge to apply the cosmetic); applying a quantity of the eyebrow solution to the first eyebrow by pressing the stamping device against the stencil in the eyebrow region of the first eye (Column 3, Lines 26-34 discloses applying the cosmetic to the eyebrow as shown in Figure 2); repeating application of the quantity of the eyebrow solution to the stencil in the eyebrow region of the first eye until full eyebrow coverage (Column 3, Lines 26-34 discloses filling in the eyebrow, further filling in requires repeated pressing until the desired coverage is achieved); aligning the stencil in an eyebrow region of a second eye of user (Column 3, Lines 28-34 discloses placing the stencil in the correct position); applying the eyebrow solution to the second eyebrow by pressing the stamping device against the stencil in the eyebrow region of the second eye (Column 3, Lines 26-34 discloses applying the cosmetic to the eyebrow as shown in Figure 2); and repeating application of the quantity of the eyebrow solution to the stencil in the eyebrow region of the second eye until full eyebrow coverage (Column 3, Lines 26-34 discloses filling in the eyebrow, further filling in requires repeated pressing until the desired coverage is achieved).
Hirzel does not disclose wherein the stamping device comprises: a housing; an applicator extending from a distal end of the housing; and a removably coupled cap member configured to cover the applicator when the stamping device is not in use, and is removable cap member configured to cover the applicator when the stamping device is not in use, and containing a quantity of an eyebrow solution in a reservoir; wherein the cap member is removed from the housing and wherein the applicator is pressed into the cap member and receives a quantity of an eyebrow solution that is released from the reservoir within the cap member and transferred onto the applicator.
Gueret discloses a device for applying cosmetic (Figures 1-3) comprising: a stamping device (50; figures 1-3; paragraph [0049]) the stamping device comprises: a housing (60; figures 1-3; paragraph [0049]); an applicator extending from a distal end of the housing; (figures 1-3) and a removably coupled cap member (30; figures 1-3; paragraph [0049]; the Examiner notes while 30 is disclosed to be a housing, the housing functions as a cap) configured to cover the applicator when the stamping device is not in use (figure 1), and containing a quantity of an solution in a reservoir (p; figure 1), wherein the cap member further comprises a replenishment piston (80; figure 1) in fluid communication with the reservoir (figures 1-3; paragraph [0056]) and wherein the replenishment piston is displaced downward and upward inside the reservoir (paragraphs [0056]-0057]); disengaging the cap member from the housing (paragraph [0057]); pressing the applicator into the cap member and displacing the replenishment piston downward to release a quantity of solution from the reservoir (paragraph [0057]), wherein the quantity of solution is transferred from then reservoir onto the applicator (paragraph [0057]).
It would have been obvious to one of ordinary skill in the art to modify the method of Hirzel such that the stamping device/applicator have the configuration taught by Gueret and therefore provide the claimed components, as Hirzel is not specific regarding the structural characteristics of the stamping device/applicator and Gueret demonstrates the stamping device as claimed is well-known and conventional for application of cosmetics, additionally, the stamping device/applicator disclosed by Gueret is small and freely bends to the surface of the skin and face.
Claims 6, and 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hirzel and Gueret in view of Gafni (US 20150114420).
Regarding Claims 14 and 15, Hirzel as modified by Gueret discloses the method of Claim 6. Hirzel does not disclose wherein the stencil comprises a set of instructive demarcations selected from a group comprising: start here, short and long.
Gafni discloses a stencil (100; Figure 1) for an eyebrow (paragraph [0040]) including a set of instructive demarcations (113, 115; Figure 1; Paragraph [0041] discloses the numbering as alignment indicia). While Gafni does not explicitly disclose the demarcations are start here, short, or long, Gafni does disclose the demarcations (113,115; Figure 1 and 121; Figure 2) are used to align the template for the correct height and length (width) (Paragraphs [0041] and [0042]) by providing “starting” indicia (113 which includes A, B, C and lines associated therewith) on a medial end of the stencil and a series of length indicia (115 which includes 1, 2, 3 and lines above) provided at an opposing lateral end of the stencil.
It would have been obvious to one of ordinary skill in the art to have modified the instructive demarcation of Hirzel with the addition of instructive demarcations selected from a group comprising: start here, short and long as taught by Gafni to correctly align the eyebrow template for the correct height and length (width) that is desired.
Response to Arguments
Applicant’s arguments, see pages 1-2, filed 06/22/25, with respect to Claims 6 and 9-17 have been fully considered and are persuasive. The non-final rejection of 03/05/24 has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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/SYDNEY J PULVIDENTE/ Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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