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 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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Castex (US 12,178,312).
Castex discloses an applicator for a cosmetic product comprising at least two arms (41, 42, 43) extending along a main longitudinal axis of extension, referred to as the main axis (A), from a proximal end extended by a sleeve (2) towards a free distal end (3) opposite the proximal end, at least one of the arms comprises at least two portions (dividing the envelope shape into 3 portions), at least one of the portions presenting a longitudinally winding of a different direction (Fig. 3; col.4, lines 1-30).
Regarding claim 2, wherein each of the arms (41, 42, 43) comprises at least two portions (dividing the envelope shape into 3 portions) presenting a longitudinally winding of a different direction (see Figure 3; (col. 4, lines 55-67 “each branch 4 extends spiraling around the main axis 1”).
Regarding claim 3, at least one of the arms (41, 42, 43) comprises at least three portions (dividing the envelope shape into 3 portions), each portion presenting a longitudinally winding of a different direction from the adjacent portion (see Figure 3; col. 4, lines 55-67).
Regarding claim 4, wherein the arms (41, 42, 43) alternate angularly with openings defined between each of the arms and extend longitudinally (see Figures 2 and 3; col. 4, lines 1-5).
Regarding claim 5, wherein said at least two arms (41, 42, 43) define a cavity forming a reservoir volume (see Figure 2 and 3; col. 4, lines 1-5).
Regarding claim 6, at least two arms (41, 42, 43) wind parallel to one another about the main axis (see Figures 2 and 3).
Regarding claim 7, the arms (41, 42, 43) have a flat internal surface (6) directed towards the main axis (A) (see Figure 2).
Regarding claim 8, wherein each of said at least two arms (41, 42, 43) comprises at least one longitudinal row of protuberances (8) extending radially outwards from the arm, said longitudinal rows following the winding of the arm on which they are located (see Figure 2).
Regarding claim 9, wherein each of said at least two arms (41, 42, 43) comprises three longitudinal rows of protuberances (8) extending radially outwards from the arm (see Figures 2 and 3).
Regarding claim 10, wherein the protuberances comprise a planar upper face (see Figure 2) directed towards the distal end of the applicator and a planar lower face directed towards the proximal end, the upper face and the lower face extending from a base connected to the arm to an opposite free end, the free end being circular (see Figure 2; col. 5, lines 30-45).
Regarding claim 11, wherein the circular free end of the protuberances is angularly offset with respect to the base (see Figure 2).
Regarding claim 12, having an envelope formed by the distal end of the protuberances, said envelope having a cylindrical profile with a circular cross-section (see Figure 2).
Regarding claim 13, wherein the applicator is a monolithic piece obtained without assembly and by additive manufacturing (col. 5, lines 25-30).
Regarding claim 14, Castex discloses an applicator assembly for cosmetic product, comprising: a container (11) comprising a body forming a reservoir intended to contain the cosmetic product, and- an applicator of the cosmetic product according to claim 1 adapted to be attached to the container, so that the applicator is housed inside the reservoir (see Figure 5).
Response to Arguments
Applicant's arguments filed 3/12/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that Castex does not disclose “at least one of the arms comprises a least two portions (A, B, C), at least one of the portions (A, B, C) presenting a longitudinally winding of a different direction” is not persuasive. Applicant further argues that Castex discloses an applicator for mascara wherein the three branches extend in a helical form around the main axis and nowhere does Castex disclose or imply the winding of the branches are in different directions. The examiner maintains that helix involves a continuously changing spatial direction as it progresses along the longitudinal axis. While the curvature of a helix may be constant, the direction of the winding relative to the longitudinal axis is not. A helical structure is defined by a path that rotates about an axis while simultaneously advancing along that axis. As a result, the tangent direction of the helix continuously changes orientation in a three-dimensional space. Even though the curvature is constant, the direction of the winding relative to the longitudinal axis varies continuously along the length. A helix maintains constant curvature while still continuously changing directions including the respective longitudinal axis, therefore, Castex meets the claim limitation “a longitudinally winding of a different direction".
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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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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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
4/13/2026
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