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 filed 02/12/2026 have been fully considered but they are not persuasive. In response to applicant's argument that Bernard II (US Patent No.: 5,273,392) is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, while Bernard II does not teach a cosmetic applicator, Bernard II does teach a sensor that detects a presence of an item inserted into a device, as per column 22 lines 50-57 of Bernard II. As the pending application also does have sensors to detect the presence of a container, as is present in the cited area of lines 55-57 of Bernard II, this portion of the pending application and Bernard II are viewed as being in the same field of endeavor.
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 11-19 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 Bernard II (US Patent No.: 5,273,392).
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, Bernard II (US Patent No.: 5,273,392) teaches wherein the at least one sensor is configured to detect when the cosmetic applicator is inserted into the adapter (column 22 lines 50-57 with a transfer pad in line 55 discloses a presence sensor that detects a presence of an item).
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 presence sensing of Bernard II into the combination involving Pang to incorporate a means to sense that the applicator is in position for the purpose of providing a means to detect the position of an article that is placed upon the sensor that will be used with the sensing circuitry of Pang (in column 3 of Pang starting from line 23 to line 55) to control the operation of the applicator.
Regarding claim 2, Pang in view of Trochel and Bernard II 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 Bernard II 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 Bernard II 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 Bernard II 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 Bernard II 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 Bernard II 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 Bernard II 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 Bernard II 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, Bernard II (US Patent No.: 5,273,392) teaches wherein the at least one sensor is configured to detect when the cosmetic applicator is inserted into the adapter (column 22 lines 50-57 discloses a presence sensor that detects a presence of an item).
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 presence sensing of Bernard II into the combination involving Pang to incorporate a means to sense that the applicator is in position for the purpose of providing a means to detect the position of an article that is placed upon the sensor that will be used with the sensing circuitry of Pang (in column 3 of Pang starting from line 23 to line 55) to control the operation of the applicator.
Regarding claim 12, Pang in view of Trochel and Bernard II 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 Bernard II 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 Bernard II 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 Bernard II 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 Bernard II 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 Bernard II 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).
Regarding claim 18, Pang in view of Trochel and Bernard II teach the adapter device according to Claim 17, 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 base 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 19, Pang in view of Trochel and Bernard II 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]).
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.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AREN PATEL/Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774
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