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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5, 7-13 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 requires the first member be fastened to the second member only by the body coupling member where there is no support in the original disclosure for this limitation. There is no mention of the first member being secured to the second member only by the body coupling member. The drawings and disclosure depict and explain that the second member has a tab 128 with a neck portion 140, where the neck portion is adapted to couple with the first member via a slot 126 in the first member. Claim 16 requires the second member is at least partially insertable within the first member in a direction substantially perpendicular to a longitudinal axis of the applicator, where the original disclosure does not provide support for this limitation.
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 1-5, 7-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bianco (US 20200329846).
Regarding claim 1, Bianco discloses an applicator (Refer to Figures 1-8) for applying a cosmetic substance, the applicator comprising: an applicator body (30,20) including a first end (end near 22) having a body coupling member (21 having 22 and 60), a second end (end near 30), and an elongated portion extending therebetween (portion of 20 between first and second ends); an applicator head (10) operably coupled with the first end of the applicator body via the body coupling member, the applicator head including: a first member (40) having a first outer surface (exposed surface(s) of 40) adapted to collect and/or apply a cosmetic substance; a second member (50) being operably coupled with the first member, the second member having a second outer surface (exposed surface of 50) adapted to collect and/or apply the cosmetic substance; wherein at least one of the first outer surface or the second outer surface has a surface treatment applied thereto (Refer to paragraphs 0029, 0078-0080 and 0093), wherein the body coupling member directly contacts both the first and second members to secure the first member to the second member, and the first member is fastened to the second member only by the body coupling portion (Refer to Figure 2 which depicts portion 105 of the first member contacting portion 21,22 of the body coupling member and portion 123 of the second member contacting portion 60 of the body coupling member).
Regarding claim 2, Bianco discloses the body coupling member includes an opening (22) to receive a portion of the applicator head (Refer to Figure 2).
Regarding claim 3, Bianco discloses the second member (50) of the applicator head is at least partially insertable within the first member of the applicator head (Refer to Figures 2-4 and 7).
Regarding claim 4, Bianco discloses the first member (40) of the applicator head includes a channel (40a) and the second member of the applicator head includes a tab (122) adapted to be inserted into the channel of the first member of the applicator head (Refer to Figures 2 and 7).
Regarding claim 5, Bianco discloses the first member (40) of the applicator head includes a proximal end (105) and the second member (50) of the applicator head includes a proximal end (122,123), wherein the proximal ends of the first member and the second member cooperate to form a head coupling member adapted to be insertable within the body coupling member (portion 21 having 22 of the body coupling member) of the applicator body (Refer to Figure 2).
Regarding claim 7, Bianco discloses the first member (40) of the applicator head includes a neck portion (105) and a main portion (106), the neck portion adapted to couple with the body coupling member (Refer to Figures 2-4 and 7).
Regarding claim 8, Bianco the main portion (106) of the first member includes a first curved region (40c) and the second member includes a second curved region (curved region of 121 which fits against inner curved surface of 40c) adapted to mate with the first curved region (Refer to Figures 2, 3, 5 and 7).
Regarding claim 9, Bianco discloses the second member (50) of the applicator head includes a neck portion (122,124) and a main portion (121), the neck portion adapted to couple with the first member of the applicator head (Refer to Figures 2 and 7).
Regarding claim 10, Bianco discloses the neck portion (122,124) of the second member causes the main portion (121) of the second member to protrude outwardly from the first outer surface of the first member (Refer to Figures 2, 5 and 7).
Regarding claim 11, Bianco discloses the first and second members of the applicator head are discrete components (Refer to Figures 1-7).
Regarding claim 12, Bianco discloses the surface treatment includes at least one of a flocking material, a soft-touch material or a surface finishing material (Refer to paragraphs 0078-0080 where flocking is also a soft-touch material and a surface finishing material and paragraphs 0029 and 0093 which disclose surface finish materials).
Regarding claim 13, Bianco discloses wherein the first member of the applicator head is formed from a first material (one of the materials disclosed in paragraphs 0037 and 0096) having a first hardness value (the materials disclosed in paragraphs 0037 and 0096 each have an associated hardness value) and the second member of the applicator head is formed from a second material (one of the materials disclosed in paragraphs 0026-0028 and 0090-0091 different from the material selected of the first material) having a second hardness value (the materials disclosed in paragraphs 0026-0028 and 0090-0091 each have an associated hardness value) that is different than the first hardness value (materials of different hardness are provided). Bianco teaches the first member may be made of thermoplastic materials, elastomers, thermoplastic elastomers, etc. and second member may be made of stainless steel, aluminum, titanium, silver, gold, nickel, copper, etc. Thus, the first and second members have different harness values.
Regarding claim 15, Bianco discloses an applicator (Refer to Figures 1-8) for applying a cosmetic substance, the applicator comprising: an applicator body (30,20) including a first end (end near 22) having a body coupling member (21 having 22), a second end (end near 30), and an elongated portion extending therebetween (portion of 20 between first and second ends); an applicator head (10) operably coupled with the first end of the applicator body via the body coupling member, the applicator head including: a first member (50,60) having a first outer surface (exposed surface(s) of 50,121) adapted to collect and/or apply a cosmetic substance; a second member (40) being operably coupled with the first member by being received within the first member, the second member having a second outer surface (exposed surface of 40) adapted to collect and/or apply the cosmetic substance; wherein at least one of the first outer surface or the second outer surface has a surface treatment applied thereto (Refer to paragraphs 0029, 0078-0080 and 0093), wherein the second member includes a point (110,130) that extends beyond the first outer surface along a longitudinal axis of the applicator (Refer to Figures 3-5 and 7).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ying et al. (CN 21532386 U) and Jacob et al. (US 20170347776).
Regarding claim 14, Ying et al. disclose an applicator (Refer to Figures 1-4) for applying a cosmetic substance, the applicator comprising: an applicator head, the applicator head including: a first member (22,221,225,223) having a first outer surface (exposed surface of 22) adapted to collect and/or apply a cosmetic substance; a second member (21,1) being operably coupled with the first member, the second member having a second outer surface (214) adapted to collect and/or apply the cosmetic substance; wherein at least one of the first outer surface or the second outer surface has a surface treatment applied thereto (flocking is applied to first member), wherein the second member of the applicator head is positioned only within the first member of the applicator head (second member 21 is positioned between 221, 225, 223 defining the first member), wherein the first member of the applicator head includes a countersunk region (groove/space defined between 221,225 and 223) adapted to receive a corresponding portion of the second member of the applicator head and the second outer surface is concave (Refer to Figures 1-4). However, Ying et al. do not disclose an applicator body including a first end having a body coupling member, a second end, and an elongated portion extending therebetween, where the applicator head is operably coupled with the first end of the applicator body via the body coupling member. One of ordinary skill in the art understands that the applicator head of Ying et al. is intended to be provided coupled to a stem/handle/applicator body as is conventional in the art but Ying et al. are silent regarding this structure. Jacob et al. disclose a cosmetic applicator having an applicator head formed by first and second members (14,15) where end portions of the first and second members are inserted and coupled to a body coupling member (12a) at a first end of an applicator body, where the applicator body has an elongated portion (2) extending between the first end and a second end (end at 6). This configuration secures the members to the applicator head together and provides a gripping portion distant from the applicator head which allows a user to hold the device and apply cosmetic with a clear view of the target surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the applicator of Ying et al. to include an applicator body having a first end with a body coupling portion, a second end and an elongated portion extending between the first and second ends, where the applicator head couples with the first end via the body coupling portion as taught by Jacob et al. in order to provide a gripping portion to which the applicator head connects and spaced from the applicator head in order to facilitate application of cosmetic to the target surface.
Claims 1-5, 7-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jacob et al. (US 20170347776) and Simard (US 20200237075).
Regarding claims 1 and 12, Jacob et al. discloses an applicator (Refer to Figures 1-8B) for applying a cosmetic substance, the applicator comprising: an applicator body (11,12) including a first end (end of 12 with 12a) having a body coupling member (coupling means at 12a, Refer to paragraph 0019), a second end (end near 11), and an elongated portion extending therebetween (portion of 12 between first and second ends); an applicator head (13) operably coupled with the first end of the applicator body via the body coupling member, the applicator head including: a first member (14) having a first outer surface (exposed surface(s) of 14) adapted to collect and/or apply a cosmetic substance; a second member (15) being operably coupled with the first member, the second member having a second outer surface (exposed surface of 15) adapted to collect and/or apply the cosmetic substance; wherein the body coupling member directly contacts both the first and second members to secure the first member to the second member (the body coupling member contacts 15b of the second member and 14a of the first member) and the first member is fastened to the second member only by the body coupling member (the configuration provided by Jacob et al. is the same or similar to that of Applicant’s where the second member is received in a recessed portion of the first member and coupled to the body coupling portion); however, Jacob et al. do not disclose at least one of the first outer surface or the second outer surface has a surface treatment applied thereto, where the surface treatment is a surface finishing material.
Simard discloses a similar cosmetic applicator having outer surfaces for applying and/or collecting a cosmetic substance (Refer to Figures 1-10B). Simard teaches portions of the outer surfaces may be treated by etching or applying a coating thereto so as to repel the cosmetic composition (Refer to paragraph 0033, 0035 and 003-0040) which prevents the composition from accumulating in undesired locations, facilitates release/transfer of the composition onto the target application surface and spreading of applied composition without taking up the composition (Refer to paragraph 0006). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the applicator of Jacob et al. such that at least one of the first and second outer surfaces have a surface treatment in the form of a coating (surface fishing material) applied thereto as taught by Simard in order to prevent accumulation of cosmetic product at undesired location and facilitate release/transfer and spreading of the product.
Regarding claim 2, the combination of Jacob et al. and Simard disclose the applicator of claim 1 above, Jacob et al. further discloses the body coupling member includes an opening (opening of 12a into which 14a is inserted) to receive a portion of the applicator head (Refer to Figures 4a and 4b).
Regarding claim 3, the combination of Jacob et al. and Simard disclose the applicator of claim 1 above, Jacob et al. further discloses the second member (15) of the applicator head is at least partially insertable within the first member of the applicator head (Refer to Figures 7A-8B).
Regarding claim 4, the combination of Jacob et al. and Simard disclose the applicator of claim 3 above, Jacob et al. further discloses the first member (14) of the applicator head includes a channel (14d) and the second member of the applicator head includes a tab (15b) adapted to be inserted into the channel of the first member of the applicator head (Refer to Figures 7A-7B).
Regarding claim 5 the combination of Jacob et al. and Simard disclose the applicator of claim 3 above, Jacob et al. further discloses the first member (14) of the applicator head includes a proximal end (14a) and the second member (15) of the applicator head includes a proximal end (15b), wherein the proximal ends of the first member and the second member cooperate to form a head coupling member adapted to be insertable within the body coupling member of the applicator body (Refer to Figures 4A-4B and 7A-8B).
Regarding claim 7, the combination of Jacob et al. and Simard disclose the applicator of claim 3 above, Jacob et al. further discloses the first member (14) of the applicator head includes a neck portion (14a) and a main portion (14g,14i), the neck portion adapted to couple with the body coupling member (Refer to Figures 4A and 4B).
Regarding claim 8, the combination of Jacob et al. and Simard disclose the applicator of claim 7 above, Jacob et al. further discloses the main portion (14g) of the first member includes a first curved region (14i) and the second member includes a second curved region (15c) adapted to mate with the first curved region (Refer to Figures 5A and 6A-8B).
Regarding claim 9, the combination of Jacob et al. and Simard disclose the applicator of claim 3 above, Jacob et al. further discloses the second member (15) of the applicator head includes a neck portion (15b) and a main portion (bristles portion of 15), the neck portion adapted to couple with the first member of the applicator head (Refer to Figures 7A-8B).
Regarding claim 10, the combination of Jacob et al. and Simard disclose the applicator of claim 9 above, Jacob et al. further discloses the neck portion of the second member causes the main portion of the second member to protrude outwardly from the first outer surface of the first member (bristled portion of 15 protrudes outwardly from outer surface of 14 adjacent 14j).
Regarding claim 11, the combination of Jacob et al. and Simard disclose the applicator of claim 1 above, Jacob et al. further discloses the first and second members of the applicator head are discrete components (Refer to Figures 1-8B).
Regarding claim 13, the combination of Jacob et al. and Simard disclose the applicator of claim 1 above, Jacob et al. further discloses wherein the first member of the applicator head is formed from a first material (one of the materials disclosed in paragraph 0024) having a first hardness value (the materials disclosed in paragraphs 0024 each have an associated hardness value some of which are listed in paragraph 0024) and the second member of the applicator head is formed from a second material (wire core 15a is stainless steel and bristles 15e are nylon, Refer to paragraph 0025) having a second hardness value (these materials disclosed each have an associated hardness value) that is different than the first hardness value (materials of different hardness are provided). Jacob et al. teach the first member is made of harder, less flexible materials compared to the bristles (Refer to Abstract).
Regarding claim 16, the combination of Jacob et al. and Simard disclose the applicator of claim 3 above, Jacob et al. further disclose the second member of the applicator head is at least partially insertable within the first member of the applicator head in a direction substantially perpendicular to a longitudinal axis of the applicator. As best shown in Figure 7B, a generally downward force is applied to the end 15b of the second member to insert it within the first member 14, where such a downward force is substantially parapedicular to the longitudinal axis of the applicator.
Response to Arguments
Applicant’s arguments have filed in the after final response (12/22/2025) been considered. Arguments with regard to Kukreja in view of Ying are moot as this combination is not outlined in the rejection above. Arguments with regard to Bianco have been considered but a different interpretation of Bianco is provided above (60 no longer considered part of the second member and is instead considered part of the body coupling portion). With regard to Jacob in view of Simard, Applicant argues Jacob provides the first and second members fastened together independently of the alleged body coupling member as opposed to being only fastened by the body coupling member. As explained in the rejections above, this limitation introduces new matter and is not supported by the original disclosure. Instead, the original disclosure states the second member has a tab 128 with a neck portion 140, where the neck portion 140 is adapted to couple with the first member via a slot 126 in the first member. The body coupling portion fits over these coupled ends of the first and second members. The prior art is similar to Applicant’s invention as the second member is inserted in a slot of the first member and this assembly is inserted within the body coupling member to secure the first and second members together.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
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