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 .
2. 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.
3. Claims 13-15, 19 and 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 13, line 2, the use of the language “ a second light filling lamp” is vague, indefinite and confusing due to the fact the claim lacks proper nexus with respect to a first light filling lamp. Thus, the metes and bounds of the claim is unclear.
In claim 19, line 2, the use of the language “a second mounting bracket” is vague, indefinite and confusing due to the fact the claim lacks proper nexus with respect to a first mounting bracket. Thus, the metes and bounds of the claim is unclear.
In claim 20, line 2, the use of the language “a third mounting bracket” is vague, indefinite and confusing due to the fact the claim lacks proper nexus with respect to first and second mounting brackets. Thus, the metes and bounds of the claim is unclear.
Claims 14 and 15 are inherently indefinite due to their dependency.
4. 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.
(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.
5. Claim(s) 1-4 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zadro (US 6.305,809).
To the extent the claims are definite, Zadro discloses a cosmetic mirror comprising a first mirror body part (102, 103, 131) and a second mirror body part (114, 115, 116), wherein an opening/closing connection is formed between the first mirror body part and the second mirror body part (see Fig. 11); the first mirror body part and the second mirror body part are both provided with a front surface and a back surface arranged in a back-to-back manner (see Fig. 11), and the front surface (102) of the first mirror body part is arranged opposite to the front surface (114) of the second mirror body part (see Fig. 11); the front surface of the first mirror body part is provided with a first mirror surface (103), and the front surface of the second mirror body part is provided with a second mirror surface (115); the back surface of the first mirror body part is provided with an exposed third mirror surface (106), wherein one of the first mirror surface and the second mirror surface is a plane mirror, and the other is a concave mirror (se Fig. 11); the third mirror surface is a plane mirror or a concave mirror (see Fig. 11), wherein the third mirror surface is a glass mirror surface, a plated mirror surface, or a metal mirror surface (see paragraph 4, line 54 to paragraph 5, line 5, paragraph 15, lines 32-41 and paragraph 8, lines 15-16), wherein the first mirror body part comprises a first housing (131), and the second mirror body part comprises a second housing (116), wherein the first housing and the second housing are both provided with a front surface and a back surface arranged in a back-to-back manner (see Fig. 11), and the front surface of the first housing is arranged opposite to the front surface of the second housing (see Fig. 11); the first mirror surface and the second mirror surface are respectively arranged on the front surfaces of the first housing and the second housing (see Fig. 11); the third mirror surface is arranged on the back surface of the first housing, wherein the opening/closing connection between the first mirror body part and the second mirror body part comprises a rotatable connection (118) having a rotation angle within the range of 0°-360° (see figures 10-12), wherein the cosmetic mirror comprises a first/second/third mounting bracket (117), wherein the first/second/third mounting bracket has a lower end in a rotatable connection with the second housing (see Fig. 10), and an upper end (120) arranged halfway around or round the outside of the first housing and forming a detachable connection with the first housing through a first rotation axis via elements (118-120), wherein the rotation axis of the axially rotatable connection is perpendicular to the rotatable connection between the lower end of the first/second/third mounting bracket and the second housing. Note figures 10-12 along with the associated description thereof.
6. 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.
7. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zadro (US 6.305,809).
Zadro discloses all of the subject matter claimed, note the above explanation, except for the third mirror surface being detachably fixed to the first housing through a magnetic attraction member.
The examiner takes Official notice that it is well known to use and employ a magnetic attraction member in the same field of endeavor for the purpose of attaching a mirror to a housing/casing.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify/substitute the attaching means employed by Zadro to include a typical magnetic attraction member, as commonly used and employed in the mirror art, in order to similarly attach the third mirror to the housing/casing in a temporarily manner in order to provide for rapid mirror replacement upon damage, since it has been held to be within the level of one of ordinary skill in the art to select a known material on the basis of its suitability of attaching one member to another member. Note Sinclair & Carroll C. V. Interchemical Corp., 327, 65 USPQ 297 (CCPA 1945).
8. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zadro (US 6.305,809) in view of Miller et al (US 20170264118).
To the extent the claims are definite, Zadro discloses all of the subject matter claimed, note the above explanation, except for a lamp arranged on the second housing around the second mirror surface.
Miller teaches it is well known to use and position a plurality of lights/lamps (112) on a housing member (102) around a mirror surface (118) in the same field of endeavor for the purpose of illuminating a face of an individual to assist in applied make-up. See Fig. 1 along with the associated description thereof.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify one or more of the housings of Zadro to include a plurality of lights/lamps and arrange the lights/lamps to surround the one or more of the mirrors, as commonly used and employed in the mirror art, in order to similarly attach the third mirror to the housing/casing in a temporarily manner in order to illuminate a face of an individual so as to assist in applying their make-up.
9. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zadro (US 6.305,809).
Zadro discloses all of the subject matter claimed, note the above explanation, except for a protective cover arranged on the back surface of the first housing and covering the third mirror surface.
The examiner takes Official notice that it is well known to use and employ a protective cover on a surface of a housing and optical elements (i.e., mirrors) in the same field of endeavor for the purpose of protecting a device from scratches during shipping.
Therefore, 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 housing and mirror of Zadro to include a typical protective covering, as commonly used and employed in the mirror art and many other analogous arts, in order protect the housing and mirror from scratches during shipping.
10. Claims 14 and 15 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.
11. Claims 6-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY D SHAFER whose telephone number is (571)272-2320. The examiner can normally be reached Mon-Fri. 11:00-7:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone B. Allen can be reached at (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDS
September 25, 2025
/RICKY D SHAFER/Primary Examiner, Art Unit 2872