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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
This communication is the first action on the merits.
Claims 1-20 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 01/30/2025 and reviewed by the Examiner.
Claim Rejections - 35 USC § 112
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.
Claims 1-20 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 pre-AIA the applicant regards as the invention.
The recitation of claims 1, 11 and 18 wherein “…the adapter is configured to hold a plurality of different types of cosmetic applicators…” renders the claim indefinite.
Dependent claims 2-10, 12-17 and 19-20 are rejected based on their respective dependencies.
Appropriate correction/explanation is required.
Claim Rejections - 35 USC § 102/103
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 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 the appropriate paragraphs of pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claims 1, 2, 7, 8, 10 and 18-20 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by or alternatively under 35 U.S.C. 103 as being obvious over Pathak (U.S. Pat. Pub. No. 2018/0311062 A1).
Regarding claim 1, Pathak teaches a cosmetic securement device for stabilization of a cosmetic applicator, comprising:
a motion stabilizer handle (106);
an adapter (107, 114) coupled to a first end of the motion stabilizer handle; and
at least one rotational gear [gears as specified in 0030] coupled to the adapter (gear required to move 107 via 138 coupled at least through other parts),
wherein the motion stabilizer handle includes at least one sensor (114 and/or 116) configured to detect a movement caused by a user [0024],
circuitry (120) configured to determine a compensation movement to offset the detected movement [0030], and
at least one motion generation device (107 or 138) configured to control a motion of the cosmetic applicator according to the determined compensation movement,
wherein the adapter is configured to hold a plurality of different types of cosmetic applicators [0023], and
wherein the at least one rotational gear is configured to rotate the cosmetic applicator held by the adapter [see 0024, 0028 and 0030 and Figs. 2A-2C for configuration].
Pathak teaches the at least one rotational gear as noted above. Assuming arguendo Pathak does not explicitly teach the at least one gear is coupled to the adapter. The Examiner notes that one of ordinary skill in the art would appreciate the teaching of at least one gear connected to the adapter because a gear is required to pivot the adapter via mother. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide at least one gear connected to the adapter. The motivation would have been to provide controlled movement of the adapter.
Regarding claim 2, Pathak teaches each of the at least one rotational gear is configured to rotate independently of each other (see Fig. 2A for configuration, the rotation about Y axis is independent of rotation about Z axis also [0027]).
Regarding claim 7, Pathak teaches the at least one rotational gear is actuated by an electric motor (107 or 138) embedded in the cosmetic securement device.
Regarding claim 8, Pathak teaches the electric motor (107 or 138) is coupled to the at least one rotational gear via at least one driver gear [inherent].
Regarding claim 10, Pathak teaches the at least one rotational gear is actuated by the electric motor (107 or 138) in response to actuation of a pushbutton [0034] or a switch embedded in the cosmetic securement device.
Regarding claim 18, Pathak as noted above teaches a cosmetic securement device for stabilization of a cosmetic applicator, comprising:
a motion stabilizer handle (106);
an adapter (107, 114) coupled to a first end of the motion stabilizer handle; and
at least one rotational gear [gears as specified in 0030] coupled to the adapter,
wherein the motion stabilizer handle includes at least one sensor (114 and/or 116) configured to detect a movement caused by a user [0024],
circuitry (120) configured to determine a compensation movement to offset the detected movement and a rotation of the at least one rotational gear based on a type of the cosmetic applicator [0030, capable], and
at least one motion generation device (107 and/or 138) configured to control a motion of the cosmetic applicator according to the determined compensation movement,
wherein the adapter is configured to hold a plurality of different types of cosmetic applicators [0023], and
wherein the at least one rotational gear is configured to rotate the cosmetic applicator held by the adapter [see 0024, 0028 and 0030 and Figs. 2A-2C for configuration].
Regarding claim 19, Pathak teaches the circuitry (120) is configured to determine a speed of the rotation and an amount of rotation of the at least one rotational gear based on the type of the cosmetic applicator [0030, capable].
Regarding claim 20, Pathak teaches the at least one rotational gear is actuated by an electric motor (107 or 138) and wherein the circuitry (120) is configured to control power to the electric motor.
Claims 3, 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Pathak (U.S. Pat. Pub. No. 2018/0311062 A1) in view of CN ‘203 (Foreign Pat. No. CN 116 164 203 A).
Regarding claim 3, Pathak teaches the adapter configured to hold the cosmetic applicator. However, Pathak is silent to disclose the adapter includes a ring-shaped component. CN ‘203 teaches the adapter includes a ring-shaped component (CN ‘203; 510) configured to hold the cosmetic applicator.
Pathak and CN ‘203 are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Pathak having the adapter including a ring-shaped component. The motivation would have been to retain applicators having a circular cross-section. Additionally, it would have been the obvious matter of design choice.
Regarding claim 11, Pathak as noted with respect to claim 1 teaches a cosmetic securement device for stabilization of a cosmetic applicator, comprising:
a motion stabilizer handle (106);
an adapter (107, 114) coupled to a first end of the motion stabilizer handle; and
at least one rotational gear [gears as specified in 0030] coupled to the adapter,
wherein the motion stabilizer handle includes at least one sensor (114 and/or 116) configured to detect a movement caused by a user,
circuitry (120) configured to determine a compensation movement to offset the detected movement [0030], and
at least one motion generation device (107 or 138) configured to control a motion of the cosmetic applicator according to the determined compensation movement,
wherein the adapter is configured to hold a plurality of different types of cosmetic applicators [0023], and
wherein the at least one rotational gear is configured to rotate the cosmetic applicator held by the adapter [see 0024, 0028 and 0030 and Figs. 2A-2C for configuration].
However, Pathak is silent to disclose the adapter including a cylindrical sheath configured to hold the cosmetic applicator. CN ‘203 teaches the adapter including a cylindrical sheath (CN ‘203; 510) configured to hold the cosmetic applicator.
Pathak and CN ‘203 are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Pathak having the adapter including a cylindrical sheath. The motivation would have been to retain applicators having a circular cross-section. Additionally, it would have been the obvious matter of design choice.
Regarding claim 15, Pathak teaches wherein each of the at least one rotational gear is configured to rotate independently of each other [0027 & Figs. 2A-2C].
Allowable Subject Matter
Claim 4-6, 9, 12-14, 16 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631