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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/6/2026 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1, line 7 please delete the repeated word “wherein”. Appropriate correction is required.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choe (US 4,299,242).
Choe discloses a lash extension for application under natural lashes comprising a plurality of groupings of hairs (16) protruding from a base (12), each grouping of the plurality of groupings of hairs comprising hairs (col. 2,lines 65-70), wherein at least two groupings of the plurality of groupings of hairs protrude from distinct locations along the base (see Figs. 1-5); and wherein at least some of the hairs of at least one grouping of the plurality of groupings of hair directly contact one another and are joined to one another by at least an applicator of heat (col. 3, lines 20-25 “In this step, heat is applied to the lashes below the knot to cause the strands of eyelash material to fuse together”) , the joined hairs forming at least a portion of the base (col. 3, lines 45-55 “The result is a stirp of lashes or clusters of lashes which are totally separated from the knot 16, thus providing a strip or cluster of lashes ending in a thick, fine line at the fixed end defined by the ends of the lashes at the heated and bonded end 22”), wherein the base of the lash extension is configured to attach to the natural lashes at an underside thereof, and wherein the base of the lash extension is configured to maintain a solid state during the attachment tot the natural lashes (col. 3, lines 60-65). The base of the lash extension is configured to attach to the natural lashes at an underside thereof, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987), In this instance case, Choe discloses “which an be placed by the wearer at the desired location with respect to the natural eyelashes of the wearer to obtain the most desirable effect”. Regarding the limitation “two or more hairs” Choe teaches “strands of human hair or synthetic eyelash material 10 and to tie individual strand or groups of strands to a support thread or string” (col. 2, lines 65-70) further col. 3, lines 5-15 “Depending on the eyelash effect desired, single strands of hair or eyelash material are knotted on support 12 in some instances and a plurality of strands of eyelash material are knotted together about support 12 to serve other applications. When strip lashes are to be produced, the strands of lash material are tied close together and with uniform spaces. When individual lashes or lash clusters are to be produced, individual or multiple strands of lash material are tied together in discreate groupings with significant spacing between adjacent clusters”. Choe teaches using different amounts of eyelash strands to create desired affects. Therefore, one having ordinary skill in the art would find it obvious to use two or more hairs tied together to create a lash strip to create a fuller strip of lashes.
Claims 2 and 12, Choe further discloses the two or more hairs of the grouping are joined to one another at one end of each of the two or more hairs (see Figure 5; col. 3, lines 20-25 “In this step, heat is applied to the lashes below the knot to cause the strands of eyelash material to fuse together”).
Claims 3 and 13, Choe further discloses the grouping of hairs is formed by applying the heat at the one end of each of the one or more hairs of the grouping to join the two or more hairs to one another col. 3, lines 20-25 “In this step, heat is applied to the lashes below the knot to cause the strands of eyelash material to fuse together”).
Claims 4 and 14, Choe further discloses each grouping of the plurality of groupings is spaced apart from one another along a length of the base (see Figure 1, 3, and 4).
Claims 5 and 15, Choe further discloses the two or more hairs of each of the plurality of groupings comprises at least a natural material comprising at least one of silk or authentic hair (col. 2, lines 64-65).
Claims 6 and 16, Choe discloses the two or more hairs of each of the plurality of groupings includes at least a synthetic material. However, does not disclose the synthetic material comprising at least one of acrylic resin, polybutylene terephthalate (PBT), or synthetic hair made of polyester. It would have been obvious to one having ordinary skill in the art before the effective filing date to have the synthetic material be at least one of acrylic resin, polybutylene terephthalate (PBT), or synthetic hair made of polyester, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claims 7 and 17, Choe discloses the two or more hairs of the grouping of hairs are joined to the base by an attachment process comprising at least in part applying the heat to the two or more hairs and the base. (col. 3, lines 20-25).
Claims 8 and 18, Choe discloses the attachment process further comprises: arranging the plurality of groupings of hairs to form intersecting portions of hairs (knot 16); and joining the hairs of the intersecting portions to secure the plurality of groupings to one another (col. 3, lines20-30).
Claims 9 and 19, Choe teaches the attachment process further comprises applying heat to the intersecting portions of hairs (col. 3, lines 20-30)).
Claims 10 and 20, Choe further teaches the attachment process further comprises applying adhesive to the hairs of the intersecting portions; and applying heat to cure the adhesive (col. 3, lines 20-35).
Response to Arguments
Applicant’s arguments filed 4/6/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
6/2/2026
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