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 .
DETAILED ACTION
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 1-4, 6-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20150257510) in view of Abergel (US 20040129284 A1) and further in view of Langdon et al (US 20170007000 A1.
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]).
Kim further discloses the at least one retention member adapted to engage the applicator head to rotatably couple the applicator head with the rod (paragraph 0027), and wherein a gap (figure 6; see annotated figure below) 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 (figure 6, paragraph 0027).
Kim is silent regarding the at least one retention member including at least one inwardly-extending finger, wherein the at least one inwardly-extending finger is adapted to engage a detent on the applicator head to rotatably couple the applicator head.
However, Abergel teaches an applicator comprising a retention member 23 including at least one inwardly-extending finger 23a (figure 5), wherein the at least one inwardly-extending finger is adapted to engage a detent 32a on an applicator head to rotatably couple the applicator head (paragraph 0050).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim by having the at least one retention member including at least one inwardly-extending finger, wherein the at least one inwardly-extending finger is adapted to engage a detent on the applicator head to rotatably couple the applicator head, as taught by Abergel, for the purpose of making it easier to apply a line with the applicator.
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Kim is further silent regarding the applicator head including an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof.
However, Langdon teaches an applicator that may be a ball or other roller 30 having at least one guide structure adapted to direct cosmetic substance about the outer surface thereof (paragraph 0029: dimples, ridges, texter of felt etc.)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim by providing the applicator head with an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof, as taught by Langdon, for the purpose of enhancing the carrying of the cosmetic substance.
Regarding Claim 2, 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 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 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).
Kim further discloses the at least one retention member adapted to engage the applicator head to rotatably couple the applicator head with the rod (paragraph 0027), and wherein a gap (figure 6; see annotated figure above) 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 (figure 6, paragraph 0027).
Kim is silent regarding the at least one retention member including at least one inwardly-extending finger, wherein the at least one inwardly-extending finger is adapted to engage a detent on the applicator head to rotatably couple the applicator head.
However, Abergel teaches an applicator comprising a retention member 23 including at least one inwardly-extending finger 23a (figure 5), wherein the at least one inwardly-extending finger is adapted to engage a detent 32a on an applicator head to rotatably couple the applicator head (paragraph 0050).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim by having the at least one retention member including at least one inwardly-extending finger, wherein the at least one inwardly-extending finger is adapted to engage a detent on the applicator head to rotatably couple the applicator head, as taught by Abergel, for the purpose of making it easier to apply a line with the applicator.
Kim is further silent regarding the applicator head including an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof.
However, Langdon teaches an applicator that may be a ball or other roller 30 having at least one guide structure adapted to direct cosmetic substance about the outer surface thereof (paragraph 0029: dimples, ridges, texter of felt etc.)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim by providing the applicator head with an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof, as taught by Langdon, for the purpose of enhancing the carrying of the cosmetic substance.
Regarding Claim 12, 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 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 urging member comprises a button (paragraph [0024]).
Regarding claims 4, 6-8, 14 and 16-18, the device made obvious as set forth above is such that the at least one flow path comprises at least one longitudinal groove, at least one transverse groove and at least one dimple (Langdon - paragraph 0029: “dimples, ridges or a pattern” – wherein ridges would create at least one groove between the ridges and wherein the groove may be interpreted as longitudinal or transverse depending on the orientation of the device.
Regarding claims 9 and 19, the device made obvious as set forth above is such that the outer surface includes a first region (one or more ridges) having a first surface characteristic (convex) and a second region (space(s) between ridges) having a second surface characteristic (concave).
Claims 1-4, 6-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20150257510) in view of Abergel (US 20040129284 A1) and further in view of Spector (US 20170231355).
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]).
Kim further discloses the at least one retention member adapted to engage the applicator head to rotatably couple the applicator head with the rod (paragraph 0027), and wherein a gap (figure 6; see annotated figure below) 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 (figure 6, paragraph 0027).
Kim is silent regarding the at least one retention member including at least one inwardly-extending finger, wherein the at least one inwardly-extending finger is adapted to engage a detent on the applicator head to rotatably couple the applicator head.
However, Abergel teaches an applicator comprising a retention member 23 including at least one inwardly-extending finger 23a (figure 5), wherein the at least one inwardly-extending finger is adapted to engage a detent 32a on an applicator head to rotatably couple the applicator head (paragraph 0050).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim by having the at least one retention member including at least one inwardly-extending finger, wherein the at least one inwardly-extending finger is adapted to engage a detent on the applicator head to rotatably couple the applicator head, as taught by Abergel, for the purpose of making it easier to apply a line with the applicator.
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Kim is further silent regarding the applicator head including an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof.
However, Langdon teaches an applicator that may be a ball or other roller 30 having at least one guide structure adapted to direct cosmetic substance about the outer surface thereof (paragraph 0029: dimples, ridges, texter of felt etc.)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim by providing the applicator head with an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof, as taught by Langdon, for the purpose of enhancing the carrying of the cosmetic substance.
Regarding Claim 2, 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 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 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).
Kim further discloses the at least one retention member adapted to engage the applicator head to rotatably couple the applicator head with the rod (paragraph 0027), and wherein a gap (figure 6; see annotated figure above) 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 (figure 6, paragraph 0027).
Kim is silent regarding the at least one retention member including at least one inwardly-extending finger, wherein the at least one inwardly-extending finger is adapted to engage a detent on the applicator head to rotatably couple the applicator head.
However, Abergel teaches an applicator comprising a retention member 23 including at least one inwardly-extending finger 23a (figure 5), wherein the at least one inwardly-extending finger is adapted to engage a detent 32a on an applicator head to rotatably couple the applicator head (paragraph 0050).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim by having the at least one retention member including at least one inwardly-extending finger, wherein the at least one inwardly-extending finger is adapted to engage a detent on the applicator head to rotatably couple the applicator head, as taught by Abergel, for the purpose of making it easier to apply a line with the applicator.
Kim is further silent regarding the applicator head including an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof.
However, Spector teaches an applicator having at least one guide structure adapted to direct cosmetic substance about the outer surface thereof (grooves 13 serves as grooves and dimples – dimples interpreted as a depression)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim by providing the applicator head with an outer surface having at least one guide structure adapted to direct the cosmetic substance about the outer surface thereof, as taught by Langdon, for the purpose of enhancing the carrying of the cosmetic substance.
Regarding Claim 12, 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 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 urging member comprises a button (paragraph [0024]).
Regarding claims 4, 6-8, 14 and 16-18, the device made obvious as set forth above is such that the at least one flow path comprises at least one longitudinal groove, at least one transverse groove and at least one dimple (grooves 13 serves as grooves and dimples – dimples interpreted as a depression the grooves may be interpreted as longitudinal or transverse depending on the orientation of the device).
Regarding claims 9 and 19, the device made obvious as set forth above is such that the outer surface includes a first region (one or more grooves) having a first surface characteristic (concave) and a second region (space(s) between grooves) having a second surface characteristic (convex).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20150257510) in view of Abergel (US 20040129284 A1), further in view of Langdon et al (US 20170007000 A1, and further in view of Gavriely (US 20210205838 A1).
Regarding claims 5 and 15, Kim/Abergel/Landon discloses the claimed invention substantially as claimed, as set forth above for claims 1, 3, 11 and 13. Kim/Abergel/Landon is silent regarding the at least one flow path comprises an open-cell structure. However, Gavriely teaches a rolling applicator with a flow path comprising an open-cell structure (paragraph 0023). It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim/Abergel/Landon by having the applicator comprising an open-cell structure, as taught by Gavriely, for the purpose of better carrying the material by the applicator through absorption.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20150257510) in view of Abergel (US 20040129284 A1) and further in view of Spector (US 20170231355), and further in view of Gavriely (US 20210205838 A1).
Regarding claims 5 and 15, Kim/Abergel/Spector discloses the claimed invention substantially as claimed, as set forth above for claims 1, 3, 11 and 13. Kim/Abergel/Spector is silent regarding the at least one flow path comprises an open-cell structure. However, Gavriely teaches a rolling applicator with a flow path comprising an open-cell structure (paragraph 0023). It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Kim/Abergel/Spector by having the applicator comprising an open-cell structure, as taught by Gavriely, for the purpose of better carrying the material by the applicator through absorption.
Response to Arguments
Applicant’s arguments 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ROSEN whose telephone number is (571)270-7855. The examiner can normally be reached Monday-Friday 930am-6pm.
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/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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