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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/15/2026 has been entered.
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) 1, 3-5, 7, 10-13, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over in Kim (US 10,405,595) in view of Chang (US 2020/0323324).
Kim discloses an apparatus comprising: a single handle (125; (connected at 215)) configured to be held by a user to operate the apparatus; a pair of opposing arms (205, 210) coupled to the handle, each arm comprising a first section (115) with a first end portion (432) and a second end portion (closest to handle) of the first section, wherein each arm faces a same direction, and wherein an interior surface of the first section of each arm is substantially flat and a first curvature disposed between a first end portion and a second end portion that is shaped to align proximate a lash line having an apex of the first curvature toward the first end portion and toward the second end portion (see Figures 1 and 5); and wherein the opposing arms are configured in an open position as a default position and to move towards one another to transition from the open position to a closed position (Figures 1 and 5). Kim does not disclose a power source and a heating unit coupled to the pair of opposing arms and configured to heat at least the interior surface of the first section of each arm. Chang teaches an eyelash curler comprising a power source (paragraph 21; battery) and a heating unit electrically coupled to the power source (paragraph 21). It would have been obvious to one having ordinary skill in the art at the time the invention was made have the device of Kim be made with a power source and heating unit taught by Chang to provide heat to better aid in curling the user’s lashes. Claim 3, the combination of Kim and Chang further disclose wherein each arm comprising a first side (located close to handle) opposite a second side (distal end), and an interior surface opposite an exterior surface, wherein the interior surface and the exterior surface extend between the first side and the second side (see, Kim Figure 1). Claim 4, the combination of Kim and Chang further disclose the first section of each arm comprises a second curvature disposed between the first end portion and the second end portion and along at least a part of the first side corresponding to the first section, and wherein the second curvature is positioned opposite the first curvature (see Figure 1 of Kim). Claim 5, the combination of Kim and Chang further disclose the first curvature is disposed along at least a part of the second side corresponding to the first section, wherein the first curvature is a concave curvature and the second curvature is a convex curvature, and wherein an apex of the concave curvature is oriented distally from the second end portion and oriented proximally from the first end portion such that the concave curvature is facing opposite the first side corresponding to the first section (see Figure 1 of Kim). Claim 7, the combination of Kim and Chang further disclose the interior surfaces of the first sections of the opposing arms are designed to apply pressure to the natural eyelashes and the one or more artificial lash extensions affixed at the underside of the natural eyelashes (see Figure 4C; of Chang). Claim 10, the combination of Kim and Chang further disclose each arm further comprises a second section (13) positioned between the first section and the handle, wherein the second section of each arm is configured to be pressed towards one another to transition the first section from an open position to a closed position, wherein at least a part of the first section is joined with the second section, wherein the joined part is closer to the second end portion than the first end portion of the first section, and wherein the first section, the second section, and the handle longitudinally extend toward a proximal end (see Figure 1 of Chang). Claim 11, Chang further teaches at least an exterior surface of the second section comprises a thermally insulating material (paragraph 21). Claim 12, Chang further teaches the heating unit further comprises a heating member that extends withing the first section of each arm to conduct thermal energy to the first second of each arm (paragraph 21). Claim 13, the combination of Kim and Chang do not disclose the heating member comprising a resistor wire. It would have been obvious to one having ordinary skill in the art before the effective filing date to the heating member be a resistor wire, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Claims 17-18, the combination of Kim and Chang do not disclose an exterior surface of the first section comprises a non-stick material; the non-stick material is silicone. It would have been obvious to one having ordinary skill in the art before the effective filing date to the exterior surface be made from silicone, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Claim 19, Chang further teaches the apparatus is configured to transition from an open position to a closed position responsive to an application of pressure to the pair of opposing arms, wherein in the open position the pair of opposing arms are separated from one another, wherein the open position of the apparatus is a default position, and wherein in the closed position an interior surface corresponding to the first section of one of the pair of opposing arms is configured to contact an opposing interior surface of another of the pair of opposing arms (see Figures 1). Claim 20, Chang further teaches the first end portion of the first section of each arm comprises a distal end, and wherein the distal end of each arm is a single terminal distal end (see Figure 1 and 4C).
Claim(s) 2 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 10,405,595) in view of Chang (US 2020/0323324) as applied to claims 1, 3-5, 7, 10-13, and 17-20 and further view of Lo et al. (US 2012/0009002).
The combination of Kim and Chang disclose the claimed invention except for the heating unit is removable and does not disclose a cooling unit. However, Lo et al. teaches an eyelash device to contain both a thermoelectric heater (Paragraph 0059) and a cooler unit (Paragraph 0074) in a same member in order to allow for optimal conditioning of an applied material (Paragraph 0074). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the heated arms of Chang and Kim to further contain a heating and cooling unit of Lo et al. in order to allow the user to benefit from using cosmetic compounds on the lashes that benefit from cooling treatment.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 10,405,595) in view of Chang (US 2020/0323324) as applied to claims 1, 3-5, 7, 10-13, and 17-20 and further view of Kim (US 2010/0095975).
The combination of Kim and Chang disclose the claimed invention except for the exterior surface comprising a curved portion with a third curvature. Kim ‘975 teaches an eyelash curling rod having exterior surfaces with curved portions (see Figures 4 and 5) to allow for curling the eyelashes. It would have been obvious to one having ordinary skill in the art before the effective filing date to have the exterior surfaces of Baek and Kim be made with a curved portion as taught by Kim to help further curl and style the user’s eyelashes.
Response to Arguments
Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that Kim does not disclose a single handle is not persuasive. Kim discloses a single handle as interpreted by the handles being connected via a hinge at their ends resulting in a single unitary body, see Figure 1.
Conclusion
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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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
7/21/2026
