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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-15 drawn to an applicator end piece and an applicator assembly) and Species A (Figures 1-6 and 10) in the reply filed on 12/15/2025 is acknowledged. The traversal is on the ground(s) that there is no undue burden on the Examiner to search claims encompassed by the non-elected claims and species. This is not found persuasive because claim 16 is drawn to a method of manufacturing requiring search in different classification areas (e.g. B29C) and different text search queries. The apparatus claims do not require searching how the device is made and any potential manufacturing language in apparatus claims is viewed as a product by process limitation (Refer to MPEP 2113). Regarding the election of species requirement, Species A has a different shape compared to Species B, where art applicable to one embodiment may not be applicable to the other embodiment.
The requirement is still deemed proper and is therefore made FINAL.
Claims 6-7 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected Species B and a nonelected invention, there being no allowable generic or linking claim. Applicant has withdrawn claim 16 but Applicant believes claims 1-15 read on elected Species A; however, Species A does not provide at least one crossing point, as required by claim 6, and that the crossing point be obtained by helically winding the core on itself, as required by claim 7. Per Applicant’s disclosure (Refer to page 9 lines 19-21), only the non-elected embodiment of Figures 7-9 include at least one crossing point 31.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “17” has been used to designate both the stem and the stem head. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "19" and "1" have both been used to designate/point to the same structure (Refer to Figures 1-2). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-6 and 8-15 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.
Claim 1 recites the limitation "the main direction " in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites “a longitudinal extension direction, referred to as a main direction (X)” where two terms (“longitudinal extension direction” and “main direction”) are used to describe the same direction. It is improper for multiple terms to be used to describe the same structure/direction and it is suggested Applicant amend the claim by deleting “, referred to as the main direction”.
Claim 3 recites “during said path” where it is unclear what is intended by this language. Perhaps Applicant intended to recite “during movement along said path” or equivalent language.
Claim 11 requires the first segment comprise a ring, which serves as the sleeve, and per claim 10 the sleeve is intended to be assembled to a stem where the sleeve is continuous with the stationary end of the core. The same structure should not be referred to by different terms, as this practice leads to clarity issues; instead, the same term should be used consistently. Applicant’s disclosure indicates element 15 is the sleeve and element 25 is the ring, where the ring and sleeve are different structures (Refer to Applicant’s Figures 2 and 4) but claim 11 is requiring the sleeve and ring be the same structure. There appears to be an inconsistency with the claims and disclosure.
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 1-5 and 8-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Balestrini et al. (US 20190000212).
Regarding claim 1, Balestrini et al. disclose an applicator end piece (10, Refer to Figures 1-8) for a cosmetic product extending along a longitudinal extension direction, referred to as the main direction (X), and comprising a core (20,15,17,14) extending from a stationary end (end at/near 17,14) towards a free end (Refer to annotated Figures 1 and 4 below) and forming a cavity (23), a first segment (Refer to annotated Figures 1 and 4 below) of the core surrounding at least one second segment (Refer to annotated Figures 1 and 4 below) of the core, the free end of the core being movable along a path delimited by said first segment (Refer to Figures 2-3 and 5-6).
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Regarding claim 2, Balestrini et al. disclose the first segment comprises a ring serving as a lateral abutment for the free end (Refer to Figures 1-6 and annotated Figures 1 and 4 above).
Regarding claim 3, Balestrini et al. disclose the second segment acts as a cooperative abutment for the free end during said path (Refer to Figures 1-6).
Regarding claim 4, Balestrini et al. disclose the core has at least one return (curved portion at 16) delimiting the cavity (23) (Refer to Figures 1-6).
Regarding claim 5, Balestrini et al. disclose the cavity has a variable volume, a displacement of the free end causing the volume of the cavity to vary (Refer to Figures 1-6).
Regarding claim 8, Balestrini et al. disclose the first segment is located at a level of the stationary end (Refer to Figures 1-6 and annotated Figures 1 and 4 above).
Regarding claim 9, Balestrini et al. disclose the first segment is located at a level of the free end (Refer to Figures 1-6 and annotated Figures 1 and 4 above).
Regarding claim 10, Balestrini et al. disclose the applicator end piece comprises a sleeve (ring portion Refer to annotated Figures 1 and 4 above, or 14 Refer to Figures 1-6) intended to be assembled to a stem, the sleeve is continuous with the stationary end of the core.
Regarding claim 11, Balestrini et al. disclose the first segment comprises a ring (Refer to annotated Figures 1 and 4 above), which serves as the sleeve.
Regarding claim 12, Balestrini et al. disclose the cavity (23) has a predefined shape (Refer to Figures 1 and 4).
Regarding claim 13, Balestrini et al. disclose the core is at least partly textured (Refer to paragraphs 0128-0129).
Regarding claim 14, Balestrini et al. disclose the applicator end piece is a monolithic part (Refer to Figures 1-8 which depict applicator endpiece as a monolithic part and paragraph 0116 which states the applicator endpiece/tip may be over-moulded on or through rod 40, meaning it is a monolithic part). The claimed phrases “obtained without assembly and/or deformation and by additive manufacturing” is being treated as a product by process limitation; that is the applicator endpiece is manufactured without an assembly process and/or without a deformation process and through an additive manufacturing process. As set forth in MPEP 2113, product by process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps. Balestrini et al. disclose the monolithic construction; thus, the structure implied by the steps is provided.
Regarding claim 15, Balestrini et al. disclose an applicator assembly for a cosmetic product, comprising: a container (50) comprising a body (51) forming a reservoir intended to contain the cosmetic product (Refer to Figures 7 and 8), and an applicator end piece (10) for the cosmetic product according to claim 1 (Refer to Figures 1-6, annotated Figures 1and 4 above and rejection of claim 1 above) adapted to be attached to the container, so that the applicator end piece is housed inside the reservoir (Refer to Figure 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799