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 § 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 Chang (US 2020/0323324) in view of Kim (US 10,405,595).
Chang discloses an apparatus comprising: a handle (13); a pair of opposing arms (11) coupled to the handle, each arm comprising a first section (113) with a first end portion (distal end) 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 (see Figures 1 and 4C); 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 4C); and a heating unit (113 and 114) coupled to the pair of opposing arms and configured to heat at least the interior surface of the first section of each arm (see Figures 1 and 4C; paragraph 28), wherein the first sections are configured curl the natural eyelashes (see Figure 4C and paragraph 28). Chang does not disclose an apex of a first curvature that extends towards the first end portion and toward the second end portion that is shaped to align proximate a lash line. Kim teaches an eyelash applicator that has 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 Figure 1). It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the arms of Chang comprise a curvature as taught by Kim to match the curvature of the user’s eye to allow for closer contact. Claim 3, the combination of Chang and Kim 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 Figures 1). Claim 4, the combination of Chang and Kim 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 Chang and Kim 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 of Kim). Claim 7, the combination of Chang and Kim 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 Chang and Kim 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 discloses at least an exterior surface of the second section comprises a thermally insulating material (paragraph 21). Claim 12, Chang discloses 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, Chang does 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 Chang and Kim 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 discloses 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 discloses 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 Chang (US 2020/0323324) in view of Kim (US 10,405,595) and 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 Chang and Kim 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 Chang (US 2020/0323324) in view of Kim (US 10,405,595) and applied to claims 1, 3-5, 7, 10-13, and 17-20 and further view of Kim (US 2010/0095975).
The combination of Chang and Kim 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 2/10/2026 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
3/9/2026