DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s election without traverse of claims 1-10 is acknowledged. Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06 November 2025.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 03 September 2023 is being considered by the examiner.
Specification
4. The disclosure is objected to because of the following informalities:
In par 005, “faster than air-drying along” should read --faster than air-drying alone--.
In pars 0012, 0035, and 0040, “Ultraviolet” need not be capitalized.
5. The use of the term Bluetooth®, which is a trade name or a mark used in commerce, has been noted in par 0046. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Appropriate correction is required.
Claim Objections
6. Claim 1 is objected to because of the following informalities:
Line 10: “wherein said second housing positions above” should read --wherein said second housing is positioned above--.
Line 11: “wherein said second housing comprising” should read --wherein said second housing comprises--.
Line 15: “wherein said top plate positions over” should read --wherein said top plate is positioned over--.
Line 18: “wherein said control panel positions adjacent” should read --wherein said control panel is positioned adjacent--.
Line 19: “wherein said control panel comprising” should read --wherein said control panel comprises--.
Line 21: “Ultraviolet” need not be capitalized.
7. Claim 8 is objected to because of the following informalities: in the third line, “cosmetic bushes” should read --cosmetic brushes--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
8. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
9. Claims 3-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
10. Regarding claim 3, the limitation “a connecting member connecting said elongated rod” is indefinite as it is unclear what structure is imparted to the connecting member, i.e., whether the connecting member connects the elongated rod to itself, to the hook and loop, to the brush, or otherwise. For purposes of examination, the connecting member is interpreted broadly as any component that connects to the elongated rod, consisted with Specification par 0041; if such a structure is intended, Examiner recommends revising to --a connecting member connecting to said elongated rod--.
11. Claim 4 is indefinite by virtue of its dependence on indefinite claim 3.
Claim Rejections - 35 USC § 102
12. 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.
13. Claims 1-2, 5-6, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cosolito (US 20190274421 A1).
14. Regarding claim 1, Cosolito discloses a cosmetic brush cleaning device (brush cleaning device 100, FIGS. 1-4, pars 0034-0041) for cleaning and sanitizing cosmetic brushes (dryer, sanitizer, and disinfecting device for make-up brushes, Abstract), said cosmetic brush cleaning device comprising:
a first housing (outer shell or housing 102, FIGS. 1-4), said first housing comprising:
a container (interior surface of the outer shell 102 …may additionally be configured to enclose most of the light inside of the brush cleaning device 100, par 0035, FIGS. 1-4) comprising:
a first base (FIG. 4, base part of first housing depicted at bottom of figure);
first walls extending from said first base (FIG. 4, side walls 102 and top wall 106), wherein said first walls comprise a plurality of holes (lid 106 may include at least one opening 106a formed therein, par 0039, FIGS. 1 and 4); and
brush holders removably connected to said plurality of holes (lid 106 may support a brush stabilizer 106b which is in registration with the at least one opening 106a formed therein, and it may be further configured to support a make-up brush “B”, par 0039, FIG. 4);
a second housing (inner housing 104, FIGS. 1-4), wherein said second housing positions above said first housing (FIG. 4, inner housing 104 nested above base and walls of outer housing 102), wherein said second housing comprises:
a second base (FIG. 4, inner shell 104 flat back);
second walls extending from said second base (FIG. 4, shape of the inner shell 104 may be a substantially elongated rectangle with an opening configured to receive the supporting grill 116, par 0036), wherein said second base and said second walls form a brush receiving area (brush cleaning chamber defined within the inner shell 104, par 0039); and
a top plate (FIG. 4, upper plane of inner shell 104), wherein said top plate positions over said second walls and helps to close said second housing with said second walls (cleaning chamber defined within the inner shell 104, and window 110, pars 0034 and 0039, FIG. 2); and
a control panel (control components 112, par 0041), wherein said control panel positions adjacent to said container in said first housing (FIGS. 1-4, control panel buttons 112 adjacent to outer housing container 102), wherein said control panel comprises:
a fan (on/off switch 112 selectively powers fan 118, par 0041);
an ultraviolet (UV) light (on/off switch 112 selectively powers UV light bulb 114a, par 0041); and
a controller (control component 112 connected to electronic circuit 120 for turning on/off UV light bulb 114a, heating element 114b, fan 118, or bristled brush 122, par 0041).
The limitations wherein said brush holders receive cosmetic brushes, wherein said controller operates said fan and said UV light to clean and sanitize said cosmetic brushes in said first housing, and wherein said cosmetic brushes are removed from said first housing and placed in said second housing to dry said cosmetic brushes describe an intended use of the device as written, which does not carry patentable weight. See MPEP 2114(II), "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). Examiner notes that the device of Cosolito is configured such that said brush holders receive cosmetic brushes (brush stabilizer 106b…configured to support a make-up brush “B”, par 0039) and said controller operates said fan and said UV light (control component 112 select powering of the UV light bulb 114a and/or the fan 118, par 0041) to clean and sanitize said cosmetic brushes in said first housing (brush cleaner and sanitizer that can gently and efficiently clean multiple make-up brushes, par 0054). The device of Cosolito is configured to both clean the brushes using UV light and dry brushes using the UV light/fan (pars 0034, 0041, 0051), thus is capable of being used in the manner claimed wherein brushes are removed from the first housing and returned to the second housing for activation of the drying fan.
15. Regarding claim 2, Cosolito discloses the cosmetic brush cleaning device of Claim 1, wherein said container comprises one or more meshes placed underneath said brush holders (FIG. 4, perforated grill 116 placed underneath brush holders 106a-b, par 0037), and wherein said one or more meshes collect debris falling from said cosmetic brushes (supporting grill 116 may be configured to collect make-up brush drippings and debris, par 0036.
16. Regarding claim 5, Cosolito discloses the cosmetic brush cleaning device of Claim 1, wherein said first housing comprises a first door for providing and preventing access to said container (lid 106 may be hinged or releasably attached to the outer shell 102…and provide the user with selective access to a cleaning chamber, par 0039).
17. Regarding claim 6, Cosolito discloses the cosmetic brush cleaning device of Claim 1, wherein said first housing further comprises a chamber (cleaning chamber defined within the outer shell 102, par 0039, FIGS. 1-4), wherein said chamber positions above said first housing (interior space above base and parts of walls 102, FIG. 4), wherein said chamber comprises a rectangular compartment having an opening (rectangular space defined by grill 116, heat element 114b, inner shell 104 has at least openings 104a, FIG. 4). The limitations for receiving a palette and wherein said fan and said UV light operate to clean and sanitize said palette describe an intended use of the device as written, which does not carry patentable weight. See MPEP 2114(II), "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). Examiner notes that as bristle brushes 122 are received in the chamber, one could reasonably accommodate a palette in the same chamber for cleaning and sanitizing therein.
18. Regarding claim 9, Cosolito discloses the cosmetic brush cleaning device of Claim 1, wherein said control panel comprises a display (display 108, par 0034, FIGS. 1-4). The limitation for displaying information corresponding to operation of the said fan and said light describes an intended use of the device, which does not carry patentable weight. See MPEP 2114(II), "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A conventional display would be expected to display such information.
Claim Rejections - 35 USC § 103
19. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
20. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Cosolito (US 20190274421 A1) as applied to claim 2 above, and further in view of Carmen (US 7,594,291 B1).
21. Regarding claim 3, Cosolito teaches the cosmetic brush cleaning device of Claim 2, wherein each of said brush holders comprises a structure resembling a loop for holding brushes (FIG. 4, brush stabilizer 106b). Another embodiment has a functionally equivalent structure resembling a hook to project from the recess and hold the brush (FIG. 6, rubber stem 220b, par 0046). Cosolito does not teach the specific structure of an elongated rod, and a connecting member connecting said elongated rod, and wherein said connecting member comprises a hook and loop.
Carmen teaches an analogous brush cleaning device (Abstract, col 2 lines 18-59, FIG.1) wherein brushes can be attached to a brush attachment spoke 281 i.e. elongated rod using a connecting strap 360 (col 2 lines 46-56 and col 3 lines 53-65; FIG. 1, brush attachment spoke 280-282, col 1 lines 65-67) described as e.g. a hook-and-loop fastener (col 2 line 3). This mechanism suitably holds the brushes as the lid is moved/inserted into the cleaning chamber (Abstract, col 2 lines 46-56).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use for each brush holder of Cosolito an elongated rod with a hook and loop connecting member configured to hold a brush as taught by Carmen. Doing so would predictably provide similar brush retention capability and secure the brushes to the lid as it is moved into the closed position as analogously taught by Carmen.
22. Regarding claim 4, Cosolito as modified by Carmen teaches the cosmetic brush cleaning device of Claim 3. The limitation wherein said hook and loop receives a cosmetic brush of said cosmetic brushes describes an intended use of the device, which does not carry patentable weight. See MPEP 2114(II), "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). Examiner notes that the analogous hook-and-loop fastener of Carmen receives a brush (FIG. 1, brush 250 received by strap 360) thus the hook and loop connecting member of the cosmetic brush cleaning device of modified Cosolito would be configured to suitably receive a cosmetic brush.
23. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Cosolito (US 20190274421 A1) as applied to claim 6 above, and further in view of Gorelick (US 20160302567 A1).
Regarding claim 7, Cosolito teaches the cosmetic brush cleaning device of Claim 6, but Cosolito does not teach wherein said rectangular compartment comprises a sliding door for providing and restricting access to the opening, only that the apparatus would have a door secured to at least one of the outer housing or the inner housing (par 0008).
Gorelick teaches an analogous brush sanitizing device using UV light (Abstract, pars 0030-0033) including a sliding door configured to cover the opening of the chamber (par 0040), which can advantageously provide a safety mechanism to prevent user UV exposure (par 0040).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include within the lid closure of Cosolito a sliding door as taught by Gorelick, as doing so would predictably provide a similar closure capability to prevent user exposure to UV light.
24. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cosolito (US 20190274421 A1).
Regarding claim 8, Cosolito teaches the cosmetic brush cleaning device of Claim 1, wherein the inner shell 104 comprises one or more cut sections (openings 104a, FIG. 4 par 0036). Although the Figures do not explicitly show the one or more cut sections on the uppermost surface of inner shell 104, i.e. said top plate, use of the apparatus would necessarily require that the brushes are held in a manner in which they pass through some form of opening in this surface, as Cosolito teaches that the brush handles are held by the lid 106 of the outer housing 102 and the brush heads are exposed to the UV light 114a and bristle brushes 122 within the inner housing 104 (par 0039, FIG. 4).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include one or more cut sections through said top plate as taught by Cosolito, as such an arrangement would predictably enable the brush heads to be exposed to the sterilizing and drying components i.e., receive said cosmetic brushes facing said brush receiving area to effectively disinfect and dry said cosmetic brushes (par 0034).
25. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cosolito (US 20190274421 A1) as applied to claim 1 above, and further in view of McCormick et al (US 20140096801 A1).
Regarding claim 10, Cosolito teaches the cosmetic brush cleaning device of Claim 1, wherein said control panel comprises a timer (control component may include a timer, par 0018) Although the limitation wherein said timer operates said fan and said light for a predetermined time period describes an intended use of the device, it is not clear that the timer of Cosolito is configured to perform this function as disclosed.
McCormick teaches an analogous makeup brush cleaner and sanitizer (Abstract, FIGS. 1-5, pars 0031-0033) using various UV light cycles for sanitization (pars 0037 and 0044) and a blow dryer, fan or other air circulating means utilized as the brush drying means (par 0043). The sanitation cycle control means includes a timer (par 0020) allowing for the selection of settings related to a cleaning cycle including the length of a cleaning cycle (par 0020), the cleaning cycle comprising an ultraviolet sanitizing cycle with settable time duration (par 0044) and/or a timed dry cycle (par 0043).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the timer of Cosolito to operate the fan and the UV light for a predetermined time period as taught by McCormick. Doing so would predictably allow for timed control of the UV sanitization and drying cycles such that cleaned brushes are controllably sanitized (McCormick par 0037) and suitably dry (McCormick par 0043).
Conclusion
26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric Talbert whose telephone number is (703)756-5538. The examiner can normally be reached Mon-Fri 8:00-5:00 Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC TALBERT/Examiner, Art Unit 1758
/SEAN E CONLEY/Primary Examiner, Art Unit 1799