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 .
Claim Objections
Claim 1 is objected to because of the following informalities: lines 4-7 are duplicates of lines 8-11. Appropriate correction is required.
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) 1-4 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Owens (US 2020/0375340) in view of Kim (WO 2019240337).
Owens discloses an eyelash stamp, characterized in that it comprises a handle (14), connecting part (12) and stamp part (lashes), and that the handle is connected with the connecting part, and that the stamp part is connected with the connecting part on the other side away from the handle, and that the stamp part consists of several raised eyelash-shaped stamps (see Figure 1; paragraph 29). Claim 2, is characterized in that the handle (14) is arc-shaped, that the upper end of the handle is connected with the connecting part, and that the two form an angle of less than 90° (see Figure 2). Claim 4, the stamp part is connected with and can be removed from the connecting part (see Figure 5; paragraph 26). Claim 9, the material of the stamp part is rubber (paragraph 20).
Owens discloses the claimed invention except for the stamp part comprises eyelash stamp 1 and eyelash stamp 2, and that the eyelash stamp 1 and the said eyelash stamp 2 are symmetrically distributed on the connecting part; the connecting part is symmetrically provided with mounting groove | and mounting groove 2, that the eyelash stamp 1 is connected with and can be removed from the mounting groove |, and that the eyelash stamp 2 is connected with and can be removed from the mounting groove 2; and it also contains an outer cover, and that the outer cover is connected with and can be removed from the connecting part and that the outer cover is set as a shield outside part of the connecting part and the stamp part. Kim teaches a stamping member comprising a stamp part with eyelash stamp 1 and eyelash stamp 2 (110, 112), and that the eyelash stamp 1 and the eyelash stamp 2 are symmetrically distributed on the connecting part (120) (see Figure 2); the connecting part is symmetrically provided with mounting groove | and mounting groove 2, that the eyelash stamp 1 is connected with and can be removed from the mounting groove | (see Figure 2), and that the eyelash stamp 2 is connected with and can be removed from the mounting groove 2; and it also contains an outer cover (200), and that the outer cover is connected with and can be removed from the connecting part and that the outer cover is set as a shield outside part of the connecting part and the stamp part (see Figure 8). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the stamp of Owens be a part 1 and part 2 that is symmetrical as taught by Kim to allow for two different stamp members to work. It further would have been obvious to provide a cover as taught by Kim to protect the stamp when not in use.
Response to Arguments
Applicant’s arguments filed 11/24/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In response to applications argument that Owens discloses the rubber pad in the shape of typical eyebrow hairs and not eyelash hairs is not persuasive. Owens teaches an embodiment where the hairs can be eyelash hairs (paragraph 29).
In response to applicant’s argument that Kim does not disclose the eyelash stamps are symmetrically distributed on the connecting part is not persuasive. Kim teaches a connecting part 120 and symmetrically distributed stamps (111, 114) on the connecting part. Applicant further argues that Kim does not teach “mirror symmetrice” however, the claims do not set forth the stamps provide “mirror symmetrice”. Therefore, this argument is not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
12/22/2025