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 .
Drawings
The drawings were received on 12/11/23. These drawings are acceptable.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 10-13, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 20150257510).
Regarding Claim 1, Kim discloses a product application device (figures 1-6) for dispensing and applying a cosmetic substance (figures 5-6), the product application device comprising: a container (100; figure 1) defining a cavity containing the cosmetic substance (figure 5) and including an open first end (near 110 and 11; figure 1); and an applicator (200, 210, 220, 300; figures 1-5) adapted to be insertable into the cavity of the container (figure 3), the applicator comprising: a rod (200; figures 1-6) having a first end (210 and 220; figures 1-6), a second end (where 200 connects to 300; figures 1-6) having an opening (figures 1 and 3 depicts the opening), and an elongated body (figure 3) defining a longitudinal axis extending therebetween (figure 3), the elongated body further defining a channel (paragraph [0026] discloses 200 is a pipe) extending at least partially between the first end and the second end of the rod (figure 3); an urging member (500 and 600; figures 1-6 )positioned at or near the first end of the rod (figure 3), the urging member adapted to selectively draw the cosmetic substance through the second end of the rod (figure 6) and into the channel (figure 6) and to urge the cosmetic substance (paragraph [0035]) out of the second end of the rod (figure 6); at least one retention member positioned at or near the second end of the rod (320 and 330; figures 1-6), the at least one retention member extending a distance beyond the opening of the second end of the rod (figure 3); and an applicator head (310; figures 1-6) operably coupled with the rod via the at least one retention member (figures 1-6; paragraph [0027]), the applicator head including an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof (paragraph [0027] discloses that the ball is composed of steel, additionally the outer surface of the ball is considered to be the outer surface. Further, the one guide structure is the rounded smooth surface of the steel that applies the cosmetic through rotation).
Regarding Claim 2, Kim discloses the applicator of claim 1. Kim discloses the applicator head is rotatable about an axis transverse to the longitudinal axis (figures 1-6; paragraph [0027] discloses it is rotatable, thus can turn in any direction including transverse).
Regarding Claim 3, Kim discloses the applicator of claim 1. Kim discloses the at least one flow path formed thereon (through 200 and out of the sides of 330; figure 6; paragraph [0027] discloses a space between 330 and 310 to allow product out), the at least one flow path adapted to transmit the cosmetic substance from an interior region of the applicator head to the outer surface thereof (paragraph [0027] discloses the dispensing occurs through rotation of the head 310), and wherein a gap (at 330, 310 allows the fluid to flow out from 200 and on the surface of 310 when rotated, therefore there inherently is a gap between 330 and 310 for the fluid to escape from; paragraph [0027]) is formed between the second end of the rod and a proximal end of the applicator head when the applicator head is coupled with the rod (paragraph [0027]), the gap allowing the cosmetic substance to selectively enter or exit the channel via the opening by flowing around the outer surface of the applicator head (paragraph [0027]).
Regarding Claim 10, Kim discloses the applicator of claim 1. Kim discloses the urging member comprises a button (paragraph [0024]).
Regarding Claim 11, Kim discloses an applicator(figures 1-6) for a product application device (figures 5-6), the applicator comprising: a rod (200; figures 1-6) having a first end (210 and 220; figures 1-6), a second end (where 200 connects to 300; figures 1-6) having an opening (figures 1 and 3 depicts the opening), and an elongated body (figure 3) defining a longitudinal axis extending therebetween (figure 3), the elongated body defining a channel (paragraph [0026] discloses 200 is a pipe) extending at least partially between the first end and the second end of the rod (figure 3); an urging member (500 and 600; figures 1-6 )positioned at or near the first end of the rod (figure 3), the urging member adapted to selectively draw the cosmetic substance through the second end of the rod (figure 6) and into the channel (figure 6) and to urge the cosmetic substance out of the second end of the rod (figure 6); at least one retention member positioned at or near the second end of the rod (320 and 330; figures 1-6), the at least one retention member extending a distance beyond the opening of the second end of the rod (figure 3); and an applicator head (310; figures 1-6) operably coupled with the rod via the at least one retention member (figures 1-6; paragraph [0027]), the applicator head including an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof (paragraph [0027] discloses that the ball is composed of steel, additionally the outer surface of the ball is considered to be the outer surface. Further, the one guide structure is the rounded smooth surface of the steel that applies the cosmetic through rotation).
Regarding Claim 12, Kim discloses the applicator of claim 11. Kim discloses the applicator head is rotatable about an axis transverse to the longitudinal axis (figures 1-6; paragraph [0027] discloses it is rotatable, thus can turn in any direction including transverse).
Regarding Claim 13, Kim discloses the applicator of claim 11. Kim discloses the at least one flow path formed thereon (through 200 and out of the sides of 330; figure 6; paragraph [0027] discloses a space between 330 and 310 to allow product out), the at least one flow path adapted to transmit the cosmetic substance from an interior region of the applicator head to the outer surface thereof (paragraph [0027] discloses the dispensing occurs through rotation of the head 310), and wherein a gap (at 330, 310 allows the fluid to flow out from 200 and on the surface of 310 when rotated, therefore there inherently is a gap between 330 and 310 for the fluid to escape from; paragraph [0027]) is formed between the second end of the rod and a proximal end of the applicator head when the applicator head is coupled with the rod (paragraph [0027]), the gap allowing the cosmetic substance to selectively enter or exit the channel via the opening by flowing around the outer surface of the applicator head (paragraph [0027]).
Regarding Claim 20, Kim discloses the applicator of claim 11. Kim discloses the urging member comprises a button (paragraph [0024]).
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.
Claims 5, 9, 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20150257510) in view of Kukreja (US 20180279740).
Regarding claim 5 and Claim 15, Kim discloses the applicator of Claim 3 and claim 13, respectively. Kim does disclose at least one flow path (figures 1-6), but does not disclose the at least one flow path comprises an open-cell structure.
Kukreja discloses an applicator (110; figure 2), an applicator head (13; figure 1; paragraph [0077]), at least one flow path formed thereon (figure 1, the flow path is where the cosmetic coats the outside) and the at least one flow path where comprises an open-cell structure (paragraph [0077] discloses the applicator can be composed of a porous material or an absorbent material such as sponge or foam).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the steel applicator head guide structure of Kim so the flow path of the applicator head has an open-cell structure applicator head has an open-cell structure as taught by Kukreja in order to retain the product (paragraph [0077]).
Regarding claim 9 and claim 19, Kim discloses the applicator of Claim 1 and claim 11, respectively. Kim does not disclose the outer surface includes a first region having a first surface characteristic and a second region having a second surface characteristic.
Kukreja discloses an applicator (110; figure 2), an applicator head (13; figure 1; paragraph [0077]), the applicator head having an outer surface (figures 1-2), and the outer surface includes a first region (2; figure 2) having a first surface characteristic (paragraph [0033] discloses the material it is composed of is metal) and a second region (3; figure 2) having a second surface characteristic (paragraph [0034] discloses the material it is composed of is porous).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the steel applicator head of Kim to have the applicator head having the outer surface includes a first region having a first surface characteristic and a second region having a second surface characteristic of Kukreja in order to load, transport, and apply the cosmetic product.
Claims 4, 6-8, 14 and 16-18 rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20150257510) in view of Spector (US 20170231355).
Regarding Claim 4 and Claim 14, Kim discloses the applicator of claim 3 and claim 13, respectively. Kim does not disclose the at least one flow path comprises at least one longitudinal groove.
Spector discloses an applicator (10; figure 2), an applicator head (10; figure 1; paragraph [0022]), the applicator head having at least one flow path (13; figure 2), and the at least one guide structure comprises at least one longitudinal groove (figure 2; paragraph [0034] discloses grooves).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have replaced the steel applicator head guide structure of Kim with the applicator head comprising the at least one flow path comprises at least one longitudinal groove of Spector in order to load, transport, and apply the cosmetic product.
Regarding Claim 6 and Claim 16, Kim discloses the applicator of claim 3 and claim 13, respectively. Kim does not disclose the at least one flow path comprises at least one transverse groove.
Spector discloses an applicator (10; figure 2), an applicator head (10; figure 1; paragraph [0022]), the applicator head having at least one flow path (13; figure 2), and the at least one guide structure comprises at least one transverse groove (figure 2; paragraph [0034] discloses grooves).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have replaced the steel applicator head guide structure of Kim with the applicator head comprising the at least one flow path comprises at least one transverse groove of Spector in order to load, transport, and apply the cosmetic product.
Regarding claim 8 and claim 18, Kim discloses the applicator of Claim 1 and claim 11, respectively. Kim does not disclose the at least one guide structure comprises at least one groove formed on the outer surface of the applicator head.
Spector discloses an applicator (10; figure 2), an applicator head (10; figure 1; paragraph [0022]), the applicator head having at least one guide structure (13; figure 2), and the at least one guide structure comprises at least one groove (paragraph [0034] discloses grooves) formed on the outer surface of the applicator head (paragraph [0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have replaced the steel applicator head guide structure of Kim with the applicator head comprising the at least one guide structure comprises at least one groove formed on the outer surface of the applicator head of Spector in order to load, transport, and apply the cosmetic product.
Regarding claim 7 and claim 17, Kim discloses the applicator of Claim 1 and claim 11, respectively. Kim does not disclose at least one guide structure comprises at least one dimple formed on the outer surface of the applicator head.
Spector discloses an applicator (10; figure 2), an applicator head (10; figure 1; paragraph [0022]), the applicator head having at least one guide structure (13; figure 2), and at least one guide structure comprises at least one dimple (13 is a groove; paragraph [0034]; “dimple” is defined by Merriam-Webster as “a depression or indentation on a surface” which the groove of 13 is a depression) formed on the outer surface of the applicator head (figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have replaced the steel applicator head guide structure of Kim with the applicator head comprising at least one guide structure comprises at least one dimple formed on the outer surface of the applicator head of Spector in order to load, transport, and apply the cosmetic product.
Response to Arguments
Applicant's arguments filed 12/03/25 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments about the drawing objections, the Examiner notes that the drawings are no longer objected to.
In regards to Applicant’s arguments that Kim does not discloses at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof, the Examiner notes that “guide structure” is broad in its recitation. The claimed language is given its broadest reasonable interpretation, and guide structure is any structure that may be used to apply a product to skin as it is guiding the liquid in a specific direction. The steel ball 310 of Kim guides the liquid on the skin via rotation. It is noted that applicant’s specification sets forth that the guide structure may be in the form of a dimple. The rounded shape of the steel ball is equivalent to the surface of a dimple and would effectively guide the cosmetic substance about the outer surface thereof.
In regards to Applicant’s arguments that Kim does not disclose a gap between the send end of the rod and a proximal end of the applicator head when coupled to the rod, the gap allowing the cosmetic to selectively enter or exit the channel, the Examiner notes that there is a gap between 330 and 310 in order to let the liquid flow around 310. Additionally, it is selectively flowing through the rotation of the steel ball 310, as it is not flowing unless the user decides to rotate or move the ball and the user can decide not to rotate the ball in order to stop the fluid flow. It is also disclosed that (paragraph 0045) content is suctioned from the container to the inside 200. There is necessarily a gap at least sometimes formed between 310 and 320 in order to allow air and the cosmetic to travel into pipe 200.
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 Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772