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) 1-4, and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kashiwagi (JP 2022166567 A, see machine translated version).
Re. Claim 1, Kashiwagi discloses a metal mascara brush with effects of heating and quickly shaping (Fig. 1-7; Abstract), wherein the metal mascara brush comprises
a main body of the mascara brush (11), a metal brush head (12; Par. 92) and a heating core (32);
the metal brush head is fixedly disposed on the main body of the mascara brush (Fig. 6);
the heating core is disposed in the metal brush head (Fig. 6);
the heating core comprises a heating wire which is bent (Par. 36 discloses it making a helical coil and as such it would have a bent section) and formed with a first heating portion for heating (32a) and a second heating portion for heating (32b);
one end of the first heating portion is a first connecting end, one end of the second heating portion is a second connecting end, and the first connecting end and the second connecting end are connected to the main body of the mascara brush (Fig. 7; Par. 36);
the other end of the first heating portion is connected to the other end of the second heating portion (Fig. 7; Par. 36);
the first heating portion is sleeved with a first insulation tube (31) for preventing the first heating portion from contacting with the second heating portion and short-circuiting (Fig. 7; Par. 34 and 36); and
the second heating portion is sleeved with a second insulation tube for preventing the second heating portion from contacting with the metal brush head and short-circuiting (Par. 39 and 92 discloses the brush head can be made of a metal part and a synthetic resin part. The brush head is being considered to solely being the metal part and the synthetic resin part is being considered the second insulation tube).
Re. Claim 2, Kashiwagi discloses the metal mascara brush with effects of heating and quickly shaping according to claim 1, wherein the metal brush head is provided with a prompt for prompting the heating temperature of the heating core, the prompt corresponding to the position of the heating core (Fig. 14; element 54 is a temperature display found on the brush head as shown in Fig. 8; Par. 52).
Re. Claim 3, Kashiwagi discloses the metal mascara brush with effects of heating and quickly shaping according to claim 1, wherein the other end of the second heating portion is spirally wound outside the first insulation tube to form a spiral heating section; and the second insulation tube is sleeved outside the spiral heating section (Par. 36; Fig. 6-7).
Re. Claim 4, Kashiwagi discloses the metal mascara brush with effects of heating and quickly shaping according to claim 3, wherein the second heating portion further comprises a linear heating section (see Fig. 6/7 where a portion on the pedestal portion 41 side in the coil portion 32b; Further it can be found with the connection between the second coil portion 32b and first coil portion 32a as shown in Fig. 6 where label 30 points towards); one end of the spiral heating section is connected to the other end of the first heating portion, and the other end of the spiral heating section is connected to the linear heating section; the other end of the linear heating section is connected to the second connecting end; the spiral heating section surrounds the other end of the first heating portion; and the linear heating section is disposed in parallel at a side of the one end of the first heating portion (Par. 36; Fig. 6-7).
Re. Claim 6, Kashiwagi discloses the metal mascara brush with effects of heating and quickly shaping according to claim 1, wherein the metal brush head is provided with an eyelash brushing portion (44/45; Par. 47 and 64) directly fixed to the outside thereof (Fig. 6-7).
Re. Claim 7, Kashiwagi discloses the metal mascara brush with effects of heating and quickly shaping according to claim 6, wherein the eyelash brushing portion comprises columnar eyelash brushing protrusions (Fig. 6-7; Par. 47 shows and describes that the portion is column eyelash brushing protrusions).
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) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kashiwagi (JP 2022166567 A, see machine translated version) in view of Lee (KR 20150000725 U, see machine translated ver) and Vasas (US 4527575 A).
Re. Claim 8, Kashiwagi discloses the metal mascara brush with effects of heating and quickly shaping according to claim 7, but is silent to the eyelash brushing protrusion has a quantity of a plurality of circles; an eyelash brushing groove is formed between two adjacent circles of eyelash brushing protrusions; more than one eyelash separating protrusion is also disposed around the inside of the eyelash brushing groove; and the outer diameter of an end portion of the eyelash separating protrusion is smaller than the outer diameter of an end portion of the eyelash brushing protrusion.
Lee discloses a heated mascara brush in the same field of endeavor and further discloses eyelash protrusions (Annotated Figure A of Fig. 6) being a quantity of a plurality of circles (see Fig. 6); an eyelash brushing groove is formed between two adjacent circles of eyelash brushing protrusions (Fig. 6; Annotated Figure A of Fig. 6); more than one eyelash separating protrusion is also disposed around the inside of the eyelash brush groove (Annotated Figure A of Fig. 6).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to have the eyelash brushing protrusion be a quantity of a plurality of circles; an eyelash brushing groove is formed between two adjacent circles of eyelash brushing protrusions; more than one eyelash separating protrusion is also disposed around the inside of the eyelash brushing groove as taught by Lee to allow for heat to be evenly be applied to the eyelashes.
Vasas discloses a mascara brush in the same field of endeavor and further discloses circle shape eyelash protrusions (115; Fig. 9-10), eyelash brushing groove (see Fig. 10; 117) is formed between two adjacent circles of eyelash brushing protrusions (Fig. 9-10); more than one eyelash separating protrusion (116) is also disposed around the inside of the eyelash brushing groove (Fig. 9-10); and the outer diameter of an end portion of the eyelash separating protrusion is smaller than the outer diameter of an end portion of the eyelash brushing protrusion (see Fig. 9-10). Vasas also discloses the outer diameter of an end portion of the eyelash separating protrusion and the outer diameter of an end portion of the eyelash brushing protrusion can be the same size as shown in Fig. 5 (Col. 1, lines 14-17).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi and Lee to have the outer diameter of an end portion of the eyelash separating protrusion is smaller than the outer diameter of an end portion of the eyelash brushing protrusion as taught by Vasas to provide the desired combing effect of the eyelashes.
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Annotated Figure A
Re. Claim 9, Kashiwagi, Lee and Vasas discloses the metal mascara brush with effects of heating and quickly shaping according to claim 8, wherein Vasas discloses the outside of the eyelash separating protrusion and/or the outside of the eyelash brushing protrusion are provided with a rough surface (109 where the rough surface is made by applying bristles; Abstract).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi, Lee and Vasas to have the outside of the eyelash separating protrusion and/or the outside of the eyelash brushing protrusion are have a rough surface as taught by Vasas to aid in combing the eyelashes and aid in carrying product to the eyelashes (Col. 2, lines 46-50).
Claim(s) 10-13, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kashiwagi (JP 2022166567 A, see machine translated version) in view of De La Poterie (US 20050058496 A1).
Re. Claim 10, Kashiwagi discloses the metal mascara brush according to claim 1. However, they are silent to the brush being part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber. Kashiwagi does disclose a cover that can be removably attached to the brush (Fig. 1 and 3; element 14).
De La Poterie discloses a heated mascara brush (Fig. 4-9) in the same field of endeavor and further discloses the brush being part of a mascara system (Fig. 3A) comprising a bottle body (2; Fig. 3A and 10) wherein the bottle body is provided with a storage chamber for storing mascara liquid (Abstract); the metal mascara brush is detachably connected to the bottle body (Par. 103); and the metal brush head extends into the storage chamber (Fig. 3A).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to be part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber as taught by De La Poterie to allow the device to be portable and usable anywhere.
Re. Claim 11, Kashiwagi discloses the metal mascara brush according to claim 2. However, they are silent to the brush being part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber. Kashiwagi does disclose a cover that can be removably attached to the brush (Fig. 1 and 3; element 14).
De La Poterie discloses a heated mascara brush (Fig. 4-9) in the same field of endeavor and further discloses the brush being part of a mascara system (Fig. 3A) comprising a bottle body (2; Fig. 3A and 10) wherein the bottle body is provided with a storage chamber for storing mascara liquid (Abstract); the metal mascara brush is detachably connected to the bottle body (Par. 103); and the metal brush head extends into the storage chamber (Fig. 3A).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to be part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber as taught by De La Poterie to allow the device to be portable and usable anywhere.
Re. Claim 12, Kashiwagi discloses the metal mascara brush according to claim 3. However, they are silent to the brush being part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber. Kashiwagi does disclose a cover that can be removably attached to the brush (Fig. 1 and 3; element 14).
De La Poterie discloses a heated mascara brush (Fig. 4-9) in the same field of endeavor and further discloses the brush being part of a mascara system (Fig. 3A) comprising a bottle body (2; Fig. 3A and 10) wherein the bottle body is provided with a storage chamber for storing mascara liquid (Abstract); the metal mascara brush is detachably connected to the bottle body (Par. 103); and the metal brush head extends into the storage chamber (Fig. 3A).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to be part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber as taught by De La Poterie to allow the device to be portable and usable anywhere.
Re. Claim 13, Kashiwagi discloses the metal mascara brush according to claim 4. However, they are silent to the brush being part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber. Kashiwagi does disclose a cover that can be removably attached to the brush (Fig. 1 and 3; element 14).
De La Poterie discloses a heated mascara brush (Fig. 4-9) in the same field of endeavor and further discloses the brush being part of a mascara system (Fig. 3A) comprising a bottle body (2; Fig. 3A and 10) wherein the bottle body is provided with a storage chamber for storing mascara liquid (Abstract); the metal mascara brush is detachably connected to the bottle body (Par. 103); and the metal brush head extends into the storage chamber (Fig. 3A).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to be part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber as taught by De La Poterie to allow the device to be portable and usable anywhere.
Re. Claim 15, Kashiwagi discloses the metal mascara brush according to claim 6. However, they are silent to the brush being part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber. Kashiwagi does disclose a cover that can be removably attached to the brush (Fig. 1 and 3; element 14).
De La Poterie discloses a heated mascara brush (Fig. 4-9) in the same field of endeavor and further discloses the brush being part of a mascara system (Fig. 3A) comprising a bottle body (2; Fig. 3A and 10) wherein the bottle body is provided with a storage chamber for storing mascara liquid (Abstract); the metal mascara brush is detachably connected to the bottle body (Par. 103); and the metal brush head extends into the storage chamber (Fig. 3A).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to be part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber as taught by De La Poterie to allow the device to be portable and usable anywhere.
Re. Claim 16, Kashiwagi discloses the metal mascara brush according to claim 7. However, they are silent to the brush being part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber. Kashiwagi does disclose a cover that can be removably attached to the brush (Fig. 1 and 3; element 14).
De La Poterie discloses a heated mascara brush (Fig. 4-9) in the same field of endeavor and further discloses the brush being part of a mascara system (Fig. 3A) comprising a bottle body (2; Fig. 3A and 10) wherein the bottle body is provided with a storage chamber for storing mascara liquid (Abstract); the metal mascara brush is detachably connected to the bottle body (Par. 103); and the metal brush head extends into the storage chamber (Fig. 3A).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to be part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber as taught by De La Poterie to allow the device to be portable and usable anywhere.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kashiwagi (JP 2022166567 A, see machine translated version) in view of Lee (KR 20150000725 U, see machine translated ver), Vasas (US 4527575 A), and De La Poterie (US 20050058496 A1).
Re. Claim 17, Kashiwagi discloses the metal mascara brush according to claim 8. However, they are silent to the brush being part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber. Kashiwagi does disclose a cover that can be removably attached to the brush (Fig. 1 and 3; element 14).
De La Poterie discloses a heated mascara brush (Fig. 4-9) in the same field of endeavor and further discloses the brush being part of a mascara system (Fig. 3A) comprising a bottle body (2; Fig. 3A and 10) wherein the bottle body is provided with a storage chamber for storing mascara liquid (Abstract); the metal mascara brush is detachably connected to the bottle body (Par. 103); and the metal brush head extends into the storage chamber (Fig. 3A).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to be part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber as taught by De La Poterie to allow the device to be portable and usable anywhere.
Re. Claim 18, Kashiwagi discloses the metal mascara brush according to claim 9. However, they are silent to the brush being part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber. Kashiwagi does disclose a cover that can be removably attached to the brush (Fig. 1 and 3; element 14).
De La Poterie discloses a heated mascara brush (Fig. 4-9) in the same field of endeavor and further discloses the brush being part of a mascara system (Fig. 3A) comprising a bottle body (2; Fig. 3A and 10) wherein the bottle body is provided with a storage chamber for storing mascara liquid (Abstract); the metal mascara brush is detachably connected to the bottle body (Par. 103); and the metal brush head extends into the storage chamber (Fig. 3A).
It would have been obvious to someone skilled in the art before the effective filing date to have the mascara brush of Kashiwagi to be part of a mascara system comprising a bottle body wherein the bottle body is provided with a storage chamber for storing mascara liquid; the metal mascara brush is detachably connected to the bottle body; and the metal brush head extends into the storage chamber as taught by De La Poterie to allow the device to be portable and usable anywhere.
Allowable Subject Matter
Claims 5 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Kashiwagi is found to be the closest prior art. However, it is found that Kashiwagi is silent to the heating core further comprises a heat conducting body covering the heating wire, the first insulation tube and the second insulation tube; wherein a first gap exists between the first insulation tube and the first heating portion; a second gap exists between the second insulation tube and the second heating portion; and when the heat conducting body covers the heating wire, the first insulation tube and the second insulation tube, at least part of the heat conducting body is filled into the first gap and the second gap (claim 5) in combination with the rest of the claim limitation.
Claim 14 is found rely on the limitation of claim 5 and as such are found to be allowable if claim 5 is rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
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/HOLLY T. TO/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799