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 .
Response to Arguments
Applicant’s arguments, see Pages 6-11 of the applicant's remarks, filed 09/11/2026, with respect to the rejection(s) of claim(s) 1-9 and 11-19 under Bernard II (US Patent No.: 5,273,392) 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 Therefore, the rejection has been withdrawn.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 Diolaiti (US Pub No.: 2022/0082378).
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) 1-9 and 11-17, 19, and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pang (US Pub No.: 11,458,062) in view of Trochel (US Pub No.: 2022/0000246) and Diolaiti (US Pub No.: 2022/0082378).
Regarding claim 1, Pang (US Pub No.: 11,458,062) discloses a system that stabilizes an applicator in response to the motion caused by a user (in the abstract), comprising: a motion stabilizer (being the apparatus in the abstract and column 1 lines 25-34); and an adapter that holds a cosmetic applicator (column 1 lines 60-61), wherein the motion stabilizer includes a receiver configured to be coupled with the adapter (column 1 lines 25-34); at least one sensor configured to detect a movement caused by a user (column 1 lines 25-34); circuitry configured to determine a compensation movement to offset the detected movement (column 1 lines 25-34); and at least one motion generation device embedded in the receiver configured to control a motion of the cosmetic applicator according to the determined compensation movement (column 1 lines 25-34). Examiner notes that Pang and the present application share the same Applicant, but the current application does not claim priority to the Pang reference or have an overlapping filing date.
Pang does not teach wherein the adapter is configured to hold a plurality of different types of cosmetic applicators and includes a magnetic metal ring that is configured to couple with a ring-shaped magnet disposed within the receiver.
Instead, Trochel (US Pub No.: 2022/0000246) teaches wherein the adapter is configured to hold a plurality of different types of cosmetic applicators (via the cosmetic product cartridge in [0007]. Holding lipstick in [0037], different colors in [0005], solid or semisolid material in [0053]) and includes a magnetic metal ring (in [0013]) that is configured to couple with a ring-shaped magnet disposed within the receiver (shown in figure 3, where magnets MC and MB interface with each other. MC is ring shaped in [0093], MB is ring shaped in [0062]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the magnetic parts as disclosed in Trochel into Pang about the adapter in order to provide a means to attach a cosmetic applicator to a device while allowing for a rotation of the container holding a cosmetic applicator (as per [0013]) while preventing particles from entering the cartridge (like dust in [0006] and [0016]).
Pang in view of Trochel does not teach wherein the at least one sensor is configured to detect when the cosmetic applicator is inserted into the adapter.
Instead, Diolaiti (US Pub No.: 2022/0082378) teaches wherein the at least one sensor is configured to detect when the cosmetic applicator is inserted into the adapter (a sensor to detect when a tool is inserted into a receiving member in [0024]. A device for “cosmetic improvements” of a user in [0075]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the insertion sensing of Diolati into the combination involving Pang for the purpose of providing a means to detect whether a tool is inserted into a device (in [0024] of Diolaiti) that provides the benefit of determining when the inserted device is “acceptably positioned for operation” in [0042].
Regarding claim 2, Pang in view of Trochel and Diolaiti teach the system according to Claim 1, wherein Pang discloses the adapter includes alignment structures at a base of the adapter, the alignment structures including raised and/or recessed structures in the base of the adapter that interlock with corresponding alignment structures in the receiver (shown in figures 5A-B and column 5 lines 3-15).
Regarding claim 3, Pang in view of Trochel and Diolaiti teach the system according to Claim 1, wherein Pang discloses the adapter forms a chamber in a base of the adapter that is configured to fit around a projection on the receiver when the receiver is coupled with the adapter (receiver coupled to adaptor in column 2 lines 66-67 to column 3 lines 1-16).
Regarding claim 4, Pang in view of Trochel and Diolaiti teach the system according to Claim 1, wherein Pang discloses the adapter includes a cosmetic holder including a ring-shaped component configured to hold the cosmetic applicator (the adaptor in figures 5A and 5B is ring shaped. Said figures show the adaptor as per column 5 lines 3-15).
Regarding claim 5, Pang in view of Trochel and Diolaiti teach the system according to Claim 4, wherein Pang discloses the cosmetic holder has projections along an inner wall of the ring-shaped component (shown in figures 5A-5B, which includes threaded components as per column 5 lines 3-15).
Regarding claim 6, Pang in view of Trochel and Diolaiti teach the system according to Claim 4, Pang discloses wherein the cosmetic holder is coupled with an outer shell of the adapter (shown in figures 5A-5B).
Regarding claim 7, Pang in view of Trochel and Diolaiti teach the system according to Claim 6, Pang discloses wherein the cosmetic holder is coupled with a curved element within the outer shell of the adapter (adaptor part 105 is connected to a cosmetic holder part 106 in figure 2, where a coupling to a curved threaded element is shown in figures 5A-5B), the curved element having a central axis that is perpendicular to a central axis of the adapter (the central axis being the axis that passes through parts 501 and 502, where the threaded elements are the curved elements), such that the cosmetic holder is configured to slide along the curved element while coupled with the outer shell (as part 502 screws into 501, a cosmetic holder will slide upon the threaded elements when coupled to the outer shell of the adaptor).
Regarding claim 8, Pang in view of Trochel and Diolaiti teach the system according to Claim 7, wherein Pang discloses the curved element includes one or more cavities along an outer surface of the curved element (shown visually in figures 5A and 5B) and wherein the cosmetic holder forms a projection configured to fit into the one or more cavities to fix the cosmetic holder into place along the curved element (shown in figure 2 where the make-up applicator slides into the adaptor. In figure 4, part 403 will couple into the adaptor as per column 4 lines 40-54).
Regarding claim 9, Pang in view of Trochel and Diolaiti teach the system according to Claim 6, wherein Trochel teaches that the ring-shaped component is configured to rotate axially around a joint in the cosmetic holder (rotation in [0003], ring also in [0013] with rotation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the magnetic parts as disclosed in Trochel into Pang about the adapter in order to provide a means to attach a cosmetic applicator to a device while allowing for a rotation of the container holding a cosmetic applicator (as per [0013]) while preventing particles from entering the cartridge (like dust in [0006] and [0016]).
Regarding claim 11, Pang discloses an adapter device comprising (adaptor in column 1 lines 60-61): a cosmetic holder (part 106 in figure 2) including a ring-shaped component (shown in figure 2) that holds one of a plurality of different types of cosmetic applicators (plurality of applicators in column 1 lines 42-44); a base that is configured to couple with the cosmetic holder (adaptor part 105 in figure 2); However, Pang does not teach a magnetic metal ring in the base that is configured to couple with a ring shaped magnet disposed a motion stabilizer device.
Instead, Trochel (US Pub No.: 2022/0000246) teaches a magnetic metal ring (in [0013]) in the base that is configured to couple with a ring shaped magnet disposed a motion stabilizer device (shown in figure 3, where magnets MC and MB interface with each other. MC is ring shaped in [0093], MB is ring shaped in [0062]. Said magnets to be incorporated into the holder and adaptor of Pang). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the magnetic parts as disclosed in Trochel into Pang about the adapter in order to provide a means to attach a cosmetic applicator to a device while allowing for a rotation of the container holding a cosmetic applicator (as per [0013]) while preventing particles from entering the cartridge (like dust in [0006] and [0016]).
Pang in view of Trochel does not teach wherein the at least one sensor is configured to detect when the cosmetic applicator is inserted into the adapter.
Instead, Diolaiti (US Pub No.: 2022/0082378) teaches wherein the at least one sensor is configured to detect when the cosmetic applicator is inserted into the adapter (a sensor to detect when a tool is inserted into a receiving member in [0024]. A device for “cosmetic improvements” of a user in [0075]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the insertion sensing of Diolati into the combination involving Pang for the purpose of providing a means to detect whether a tool is inserted into a device (in [0024] of Diolaiti) that provides the benefit of determining when the inserted device is “acceptably positioned for operation” in [0042] of Pang.
Regarding claim 12, Pang in view of Trochel and Diolaiti teach the adapter device according to Claim 11, with Pang further comprising alignment structures, the alignment structures including raised and/or recessed structures in the base of the adapter (shown in figures 5A-B and column 5 lines 3-15).
Regarding claim 13, Pang in view of Trochel and Diolaiti teach the adapter device according to Claim 11, wherein Pang discloses the base forms a chamber that is configured to fit around a projection on the motion stabilizer device (receiver coupled to adaptor in column 2 lines 66-67 to column 3 lines 1-16).
Regarding claim 14, Pang in view of Trochel and Diolaiti teach the adapter device according to Claim 11, where Pang discloses the base of the adapter device further comprising an outer shell surrounding an inner body (shown in figures 5A-5B).
Regarding claim 15, Pang in view of Trochel and Diolaiti teach the adapter device according to Claim 11, wherein Pang discloses the adapter includes a cosmetic holder including a ring-shaped component configured to hold the cosmetic applicator (the adaptor in figures 5A and 5B is ring shaped. Said figures show the adaptor as per column 5 lines 3-15).
Regarding claim 16, Pang in view of Trochel and Diolaiti teach the adapter device according to Claim 15, wherein Pang discloses the cosmetic holder includes projections along an inner wall of the ring-shaped component (shown in figures 5A-5B, which includes threaded components as per column 5 lines 3-15).
Regarding claim 17, Pang in view of Trochel and Diolaiti teach the adapter device according to Claim 15, wherein Pang discloses the cosmetic holder is coupled with a curved element within an outer shell of the base (adaptor part 105 is connected to a cosmetic holder part 106 in figure 2, where a coupling to a curved threaded element is shown in figures 5A-5B), the curved element having a central axis that is perpendicular to a central axis of the base (the central axis being the axis that passes through parts 501 and 502, where the threaded elements are the curved elements), such that the cosmetic holder is configured to slide along the curved element while coupled with the outer shell (as part 502 screws into 501, a cosmetic holder will slide upon the threaded elements when coupled to the outer shell of the adaptor) and wherein the curved element (being the adaptor 105 of Pang, shown visually in figures 5A and 5B) includes one or more cavities along an outer surface of the curved element and wherein the base forms a projection configured to fit into the one or more cavities to fix the cosmetic holder into place along the curved element (as the adaptor 105 comprises a screw-in or snap-fit connector with the receiver portion in column 3 lines 1-10 and an electrical mating connector with an implied male and female connection in column 3 lines 11-16. Part 403 in column 4 lines 40-54 is a male screw portion that is connected to the makeup applicator part 106).
Regarding claim 19, Pang in view of Trochel and Diolaiti teach the adapter device according to Claim 11, wherein Trochel teaches the ring-shaped component is configured to rotate axially around a joint in the cosmetic holder (rotation in [0003], ring also in [0013] with rotation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the magnetic parts as disclosed in Trochel into Pang about the adapter in order to provide a means to attach a cosmetic applicator to a device while allowing for a rotation of the container holding a cosmetic applicator (as per [0013]) while preventing particles from entering the cartridge (like dust in [0006] and [0016]).
Regarding claim 21, Pang in view of Trochel and Diolaiti teach the system according to Claim 1, wherein Pang discloses the at least one sensor comprises a pressure sensor, a light sensor, an infrared (IR) sensor, or a Hall sensor (hall-effect magnetic sensor in column 3 lines 56-61).
Regarding claim 22, Pang in view of Trochel and Diolaiti teach the system according to Claim 1, where Pang discloses wherein one or more of the adapter or circuitry of the motion stabilizer determines one or more of a size, a shape, or a weight of an attached cosmetic applicator based on data from the at least one sensor (RFID tag 404 and reader 306 to communicate a weight to a control circuitry in column 4 lines 55-67 to column 5 lines 1-2. As a tag and a reader are present, a sensing of an RFID signal is present where said RFID signal has weight data).
Regarding claim 23, Pang in view of Trochel and Diolaiti teach the system according to Claim 1, wherein Pang discloses one or more of the adapter or circuitry of the motion stabilizer determines a motion related to an attached cosmetic applicator based on data from the at least one sensor (circuitry to evaluate a motion in the system of Pang in column 3 lines 56-67 into column 4 lines 1-6. As a sensing of a motion of the stabilized output relative to the device is present in column 3 lines 31-42, a sensing of an output motion which is the motion of the cosmetic applicator, is provided).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. OH (US Pub No.: 2021/0085058) disclosed for a cosmetic stick case (in the abstract) with ring shaped magnetic force members in [0022]. Pathak (US Patent No.: 10,600,596) considered for a tremor cancellation platform in the abstract with an adapter also present.
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/AREN PATEL/Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774
