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
Claims 6, 12, 16, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/17/2025.
Applicant's election with traverse of Group I in the reply filed on 11/17/2025 is acknowledged. The traversal is on the ground(s) that claim 18 includes all the limitations of claim 1. This is not found persuasive because claim 18, while containing the structural limitations of group I is drawn to a method of manufacturing. The method of manufacturing application devices requires a different search from the product.
The requirement is still deemed proper and is therefore made FINAL.
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(s) 1-5, 7-11, 13-15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Petit (US 2005/0217691) in view of Shen (US 2016/0081455).
Regarding claim 1, Petit discloses a cosmetic product application device, comprising an application head (2), the application head comprising a cosmetic product loading area comprising a cavity (831) formed in the application head and opening outwards (85) the application head through at least one orifice, and the application head comprising asperities (830) (see Figures 10a-10d; paragraph 76). Petit does not disclose the application head comprising a material having a thermal effusivity is higher than that of a target surface, wherein the target surface is the user’s skin. Shen teaches a cosmetic applicator (1) wherein the application head (133) comprising a material having thermal effusivity is higher than that of a target surface (paragraph 16) providing a cooling sensation to the user’s skill (paragraph 24). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the application head of Petit be made from a material having a thermal effusivity higher than the user’s skin as taught by Shen to provide a cooling sensation when used on the skin surface.
Regarding claim 2, Petit further discloses the application head (2) is hollow, the hollow of the application head forming the cavity of the cosmetic product loading area (see Figure 10a).
Regarding claim 3, Petit further discloses the cavity opens outwards the application head through a plurality of orifices (831) (see Figure 10b and 10c).
Regarding claim 4, Petit further discloses the application head comprises an area for applying cosmetic product loaded on the cosmetic product loading area (4), over the target surface, wherein at least one of the cosmetic product loading area and the area for applying cosmetic product comprises the asperities (830) (see Figure 10a).
Regarding claim 5, Petit further discloses the plurality of orifices (85) are arranged only over a first lateral face of the application head and wherein the area for applying cosmetic product corresponds to a second lateral face of the application head (see Figure 10d).
Regarding claim 7, Petit further discloses the plurality of orifices are arranged over a first lateral face and over a third lateral face of the application head, the first lateral face and the third lateral face being opposite to each other and wherein the area for applying cosmetic product corresponds to a second lateral face and a fourth lateral face of the application head disposed respectively between the first lateral face and the third lateral face of the application head. (see Figure below)
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Regarding claim 8, Petit further discloses, at least one of the first lateral face, the second lateral face, the third lateral face, and the fourth lateral face comprises the asperities (see 2nd and 4th lateral face above).
Regarding claim 9, Petit further discloses the loading area comprises the asperities (830) (see Figure above).
Regarding claim 10, Petit further discloses the application head comprises a lateral wall (83) and wherein the asperities are made in one- piece with the lateral wall (see Figure 10a; paragraph 76).
Regarding claim 11, Petit further discloses the asperities comprise ribs (830) (see Figure 10a).
Regarding claim 13, Petit further discloses the application head (2) comprises an upper end (near 83), a lower end (near stem 3) and a lateral wall (83) connecting the upper end and the lower end and wherein the asperities (830) extend only between the upper end and the lower end of the application head (see Figure 10a).
Regarding claim 14, Petit further discloses at least one of the upper end and the lower end is devoid of asperities (i.e. rounded top portion near 83).
Regarding claim 15, Petit discloses the claimed invention except for the application head comprises a metallic material. Shen teaches metal as one of the materials used in creating a thermal effusivity higher than that of a user’s skin. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have the application head of Petit be made from a material having a thermal effusivity higher than the user’s skin as taught by Shen to provide a cooling sensation when used on the skin surface.
Regarding claim 17, Petit further discloses a cosmetic product reservoir (paragraph 16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
12/16/2025
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