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 .
Election/Restrictions
Applicant’s election without traverse of Invention II drawn to claims 1-9 and 11-17 in the reply filed on October 29, 2025, is acknowledged.
Claims 10 and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 29, 2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “container”, “bottle”, “an inner plug”, “lid component”, “the mounting portion of the applicator is fixedly connected to the lid component”; “the applicator is provided in the bottle”, “the lid component covers the bottle”; and “the inner plug is provided at an open end of the bottle” described in claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 1-3, 5, 7 and 8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Geka GmbH (DE202017100134 U1, hereinafter “Geka”).
Claim 1. Geka discloses an applicator (Fig 1-13 and ¶0001), comprising a mounting portion (Fig 8, 8) and an application portion (annotated Fig 2. The application portion is the two curved leaf elements 4 with bristles), wherein the mounting portion and the application portion are connected to each other (Fig 2), and the application portion is provided with a first surface (annotated Fig 10, A) and a second surface (annotated Fig 10, B), wherein the first surface and the second surface are opposite to each other (Fig 10); bristles (Fig 2, 7) are arranged on the first surface (Fig 10); a recessed portion (annotated Fig 2. The recessed central curved leaf element 4 with bristles, and annotated Fig 10, C) is provided on the application portion (Fig 8 and Fig 10); and the recessed portion communicates with the first surface (Fig 8 and Fig 10, and ¶0014. Cosmetic material is stored in the hollow interior of the applicator and the bristle 7 on the first surface making communication between the recessed portion and the first surface), and the recessed portion is protruded from the second surface (Fig 2 and annotated Fig 10, the recessed portion “C” is protruding from the second surface “B”).
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Claim 2. Geka discloses the invention of claim 1. Geka further discloses the recessed portion is provided with a third surface (annotated Fig 10, D) and a fourth surface (annotated Fig 10, E); the third surface and the first surface are located at a first side of the applicator (Fig 10. “D” and “A” are located at the first side being bottom facing side); the fourth surface and the second surface are located at a second side of the applicator (Fig 2. “E” and “B” are located at a second side being top facing side); and the bristles (bristles 7) are arranged on the third surface (Fig annotated Fig 10, bristles 7 are arranged on “D”).
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Claim 3. Geka discloses the invention of claim 2. Geka further discloses the recessed portion extends along a length direction of the application portion (Fig 1-2), and the recessed portion is located at a central position of the application portion (Fig 1-2).
Claim 5. Geka discloses the invention of claim 3. Geka further discloses a periphery of the recessed portion is fixedly connected to the application portion (Fig 6, periphery of the recessed portion (2 or 3) is fixedly connected to the application portion).
Claim 7. Geka discloses the invention of claim 3. Geka further discloses at least a part of regions in a periphery of the recessed portion is disconnected from the application portion (annotated Fig 7, outer edge of the recessed portion where gap “A” is located shows at least a part of regions in the center in a periphery of the recessed portion is disconnected from the application portion).
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Claim 8. Geka discloses the invention of claim 1. Geka further discloses the application portion is a curved structure (annotated Fig 2 above and Fig 7); the first surface is a convex surface (annotated Fig 10, A above. Fig 7 and Fig 8 shows the convex surface of “A”); the second surface is a concave surface (annotated Fig 10, B. Fig 7 and Fig 8 shows the concave surface of “B”); roots of the bristles are fixedly connected to the first surface of the application portion (Fig 10); and heads of the bristles extend toward a direction away from the second surface (annotated Fig 10 above), and the heads of the bristles are free ends (Fig 10).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Geka Gmbh (DE 202017100134 U1, hereinafter “Geka”).
Claim 4. Geka discloses the invention of claim 3. Geka further discloses a length of the recessed portion is defined as Ll (annotated Fig 11, L1), a length of the application portion is defined as L2 (annotated Fig 11, L2); and a width of the recessed portion is defined as Bl (annotated Fig 11, B1), a width of the application portion is defined as B2 (annotated Fig 11, B2). Geka is silent to 0.5L2<Ll<L2 and 0.5 B2<B1<B2.
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It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the dimensions of the length and width of the recessed portion and the application portion of Geka’s applicator to be 0.5L2<Ll<L2 and 0.5B2<B1<B2 such that the length of the recessed portion is defined as L1, length of the application portion is defined as L2; width of the recessed portion is defined as Bl, and width of the application portion is defined as B2. Such modification would allow the user to efficiently load the applicator with cosmetic material and hold sufficient cosmetic material, and allow the user to apply more cosmetic material on a single use of the applicator.
In addition, the instant disclosure describes the selection of these dimensions as merely optional [¶0009] and does not describe it as contributing any unexpected result to the applicator. As such, the selection of the dimensions of the recessed portion and the application portion are deemed matters of design choice (lacking in any criticality), well within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Geka Gmbh (DE 202017100134 U1, hereinafter “Geka”) in view of De Bardonneche (US 20180220785 A1, hereinafter “De Bardonneche”).
Claim 6. Geka discloses the invention of claim 5, and further discloses a cross section of the recessed portion along a width direction is V-shaped (Fig 11), but silent to the bristles are arranged on the fourth surface of the recessed portion.
De Bardonneche teaches a cosmetic applicator (abstract and Fig 1-Fig 18A) including a mounting portion (Fig 4, 10) and an application portion (Fig 4, 20), wherein the mounting portion and the application portion are connected to each other (Fig 4), and the application portion is provided with a first surface (annotated Fig 4, A) and a second surface (annotated Fig 4, B), wherein the first surface and the second surface are opposite to each other (Fig 4); bristles are arranged on the first surface (annotated Fig 4, bristles are arranged on first surface “A”); a recessed portion (annotated Fig 4, C) is provided on the application portion (Fig 4); and the recessed portion communicates with the first surface (Fig 4), and the recessed portion is protruded from the second surface (Fig 4); the recessed portion (annotated Fig 4, C) is provided with a third surface (annotated Fig 4, D) and a fourth surface (annotated Fig 4, E); the bristles are arranged on the fourth surface of the recessed portion (annotated Fig 4. Bristles are arranged on fourth surface “E) to allow an efficient pick up of the cosmetic material, an efficient control of distribution of the cosmetic material, and an efficient placement of the cosmetic material on the user’s skin in order to meet the user’s needs and preferences.
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It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the fourth surface of the recessed potion and arrange bristles on the fourth surface of Geka’s applicator, as taught by De Bardonneche. Such modification would allow an efficient pick up of the cosmetic material, an efficient control of distribution of the cosmetic material, and an efficient placement of the cosmetic material on the user’s skin in order to meet the user’s needs and preferences.
Claims 9, 11-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Geka Gmbh (DE 202017100134 U1, hereinafter “Geka”) in view of Cattani et al (US 20220039539 A1, hereinafter “Catani”).
Claim 9. Geka discloses the invention of claim 1, but silent to a container comprising the applicator according to claim l, a bottle, an inner plug, and a lid component, wherein the mounting portion of the applicator is fixedly connected to the lid component; the applicator is provided in the bottle, and the lid component covers the bottle; and the inner plug is provided at an open end of the bottle.
Cattani teaches a container (Fig 4, container 2) for cosmetic product (abstract) including a bottle (Fig 4, bottle 4), an inner plug (Fig 4, inner plug 11), and a lid component (Fig 4, lid 3), wherein the mounting portion (Fig 4, 20) of the applicator (16) is connected to the lid component (¶0034); the applicator (16) is provided in the bottle (Fig 3 and Fig 4), and the lid component covers the bottle (Fig 1); and the inner plug is provided at an open end of the bottle (Fig 4 and ¶0031) to provide a container for cosmetic products in general, and for the eyes and lips in particular, which, unlike similar containers known in the art, can be recovered and therefore used again (¶0005).
It would have been obvious to one having ordinary skill in the art before the effective filing date to use the applicator of Geka with the container, as taught by Cattani, to provide a container for cosmetic products in general, and for the eyes and lips in particular, which, unlike similar containers known in the art, can be recovered and therefore used again.
Furthermore, it would have been obvious to one having ordinary skill in the art before the time the invention was made to fixedly connect the mounting portion of the applicator to the lid component of the combination device of Geka and Cattani, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art.
Claim 11. Geka and Cattani teach the invention of claim 9. Geka further teaches in the applicator, the recessed portion is provided with a third surface (annotated Fig 10, D) and a fourth surface (annotated Fig 10, E); the third surface and the first surface are located at a first side of the applicator (Fig 10. “D” and “A” are located at the first side being bottom facing side); the fourth surface and the second surface are located at a second side of the applicator (Fig 2. “E” and “B” are located at a second side being top facing side); and the bristles (bristles 7) are arranged on the third surface (Fig annotated Fig 10, bristles 7 are arranged on “D”).
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Claim 12. Geka and Cattani teach the invention of claim 11. Geka further teaches in the applicator, the recessed portion extends along a length direction of the application portion (Fig 1-2), and the recessed portion is located at a central position of the application portion (Fig 1-2).
Claim 13. Geka and Cattani teach the invention of claim 12. Geka further teaches in the applicator, a length of the recessed portion is defined as L1 (annotated Fig 11, L1), a length of the application portion is defined as L2 (annotated Fig 11, L2), and a width of the recessed portion is defined as B1 (annotated Fig 11, B1), a width of the application portion is defined as B2 (annotated Fig 11, B2); but silent to 0.5L2<Ll<L2 and 0.5B<B 1<B2.
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It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the dimensions of the length and width of the recessed portion and the application portion of Geka’s applicator to be 0.5L2<Ll<L2 and 0.5B2<B1<B2 such that the length of the recessed portion is defined as L1, length of the application portion is defined as L2; width of the recessed portion is defined as Bl, and width of the application portion is defined as B2. Such modification would allow the user to efficiently load the applicator with cosmetic material and hold sufficient cosmetic material, and allow the user to apply more cosmetic material on a single use of the applicator.
In addition, the instant disclosure describes the selection of these dimensions as merely optional [¶0009] and does not describe it as contributing any unexpected result to the applicator. As such, the selection of the dimensions of the recessed portion and the application portion are deemed matters of design choice (lacking in any criticality), well within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results.
Claim 14. Geka and Cattani teach the invention of claim 12. Geka further teaches wherein in the applicator, a periphery of the recessed portion is fixedly connected to the application portion (Fig 6, periphery of the recessed portion (2 or 3) is fixedly connected to the application portion).
Claim 16. Geka and Cattani teach the invention of claim 12. Geka further teaches in the applicator, at least a part of regions in a periphery of the recessed portion is disconnected from the application portion (annotated Fig 7, outer edge of the recessed portion where gap “A” is located shows at least a part of regions in the center in a periphery of the recessed portion is disconnected from the application portion).
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Claim 17. Geka and Cattani teach the invention of claim 9. Geka further teaches in the applicator, the application portion is a curved structure (annotated Fig 2 above and Fig 7); the first surface is a convex surface (annotated Fig 10, A above. Fig 7 and Fig 8 shows the convex surface of “A”); the second surface is a concave surface (annotated Fig 10, B. Fig 7 and Fig 8 shows the concave surface of “B”); roots of the bristles are fixedly connected to the first surface of the application portion (Fig 10); and heads of the bristles extend toward a direction away from the second surface (annotated Fig 10 above), and the heads of the bristles are free ends (Fig 10).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Geka Gmbh (DE 202017100134 U1, hereinafter “Geka”) in view of Cattani et al (US 20220039539 A1, hereinafter “Catani”) as applied to claim 14 above, and further in view of De Bardonneche (US 20180220785 A1, hereinafter “De Bardonneche”).
Claim 15. Geka and Cattani teach the invention of claim 14. Geka further teaches a cross section of the recessed portion along a width direction is V-shaped (Fig 11), but silent to the bristles are arranged on the fourth surface of the recessed portion.
De Bardonneche teaches a cosmetic applicator (abstract and Fig 1-Fig 18A) including a mounting portion (Fig 4, 10) and an application portion (Fig 4, 20), wherein the mounting portion and the application portion are connected to each other (Fig 4), and the application portion is provided with a first surface (annotated Fig 4, A) and a second surface (annotated Fig 4, B), wherein the first surface and the second surface are opposite to each other (Fig 4); bristles are arranged on the first surface (annotated Fig 4, bristles are arranged on first surface “A”); a recessed portion (annotated Fig 4, C) is provided on the application portion (Fig 4); and the recessed portion communicates with the first surface (Fig 4), and the recessed portion is protruded from the second surface (Fig 4); the recessed portion (annotated Fig 4, C) is provided with a third surface (annotated Fig 4, D) and a fourth surface (annotated Fig 4, E); the bristles are arranged on the fourth surface of the recessed portion (annotated Fig 4. Bristles are arranged on fourth surface “E) to allow an efficient pick up of the cosmetic material, an efficient control of distribution of the cosmetic material, and an efficient placement of the cosmetic material on the user’s skin in order to meet the user’s needs and preferences.
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It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the fourth surface of the recessed potion and arrange bristles on the fourth surface of the combination of Geka and Cattani device, as taught by De Bardonneche. Such modification would allow an efficient pick up of the cosmetic material, an efficient control of distribution of the cosmetic material, and an efficient placement of the cosmetic material on the user’s skin in order to meet the user’s needs and preferences.
Conclusion
Additional references were also reviewed during the examination of this application and listed for your reference in the notice of reference cited form.
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/KARIM ASQIRIBA/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772