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 § 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 5,6,11,12,16,17,19 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.
In claim 5, lines 2 and 4, “the false eyelash” should be –the at least one false eyelash--.
In claim 5, line 4, “against wall” is unclear. It appears that –the—should be inserted before “wall”.
In claim 6, line 2, “the top portion” has no prior antecedent basis. It appears that “the” should be –a--.
In claim 11, lines 2 and 4, “the false eyelash” should be –the at least one false eyelash--.
In claim 12, line 2, “the top portion” has no prior antecedent basis. It appears that “the” should be –a--.
In claim 16, lines 1 and 2, “containers stacked” is unclear. It appears that –are—should be inserted after “containers”.
In claim 17, line 3, “the false eyelash” should be –the at least one false eyelash--.
In claim 19, line 2, “the false eyelash” should be –the at least one false eyelash--.
In claim 19, line 4, “against wall” is unclear. It appears that –the—should be inserted before “wall”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1,2,3,6,7,8,9,12,13,14,15,16,17,20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Raouf 20150173442.
With regard to claims 1,8, and 14, Raouf discloses an eyelash storage container 470 (see fig. 8), comprising a base (see annotated figure below); a raised portion (see annotated figure) formed in the base; a lash support portion (see annotated figure) formed on the raised portion; and a wall 130 extending from the base; wherein said lash support portion is adapted to receive and secure at least one false eyelash thereon.
[AltContent: connector][AltContent: textbox (Lash support portion)][AltContent: ][AltContent: arrow][AltContent: textbox (wall)][AltContent: arrow][AltContent: textbox (Interlock tab)][AltContent: arrow][AltContent: textbox (Raised portion)][AltContent: arrow][AltContent: textbox (Base)]
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With regard to claims 2,8 and 14, note interlock tab 450 formed in the raised portion.
With regard to claims 3,9,15. The eyelash storage container according to claim 1, further comprising a lash band receiving portion (either 30 (fig. 3B) or 460 formed on the lash support portion, said lash band receiving portion being adapted to receive a lash band of the said one false eyelash thereon.
With regard to claims 6 and 12, note lid 470 received and gripped within the top portion of the wall 130 (when lid 470 is affixed to close the container).
With regard to claims 7 and 13, note that the lid 470 is one of a transparent lid and a mirrored lid. See paragraph 66.
With further regard to claim 8, note that the container is stackable. See fig. 8
With regard to claim 14, note that the container may comprise a plurality of containers. See fig. 8.
With regard to claim 16, note that the plurality of containers stacked on each other by engaging the interlock tabs of consecutive two of the plurality of containers. See fig. 8.
With regard to claim 17, note that the raised portion, a portion of the base and the wall of each the plurality of containers is configured to maintain a curvature of the false eyelash. See fig. 8.
With regard to claim 20, note that the lash support portion has a lash band receiving slit 30 formed therein. See fig. 3B.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 4,5,10,11,18,19 are rejected under 35 U.S.C. 103 as being unpatentable over Raouf 20150173442 in view of Lotti 20210161265.
With regard to claims 4,10,18, Raouf does not disclose the container(s) to be formed of a flexible material.
Lotti discloses an eyelash container which may be formed of a flexible material. See paragraph 51.
It would have been obvious to one skilled in the art to form the eyelash container(s) of Raouf out of a flexible material, in view of the teaching of Lotti that an eyelash container may be formed out of a flexible material.
With regard to claims 5,11,19, it is noted that the container(s) of Raouf modified by Lotti, would result in a flexible container in which the wall of Raouf could be pulled down while pressing up on the raised portion of Raouf.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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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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/NICHOLAS D LUCCHESI/ Primary Examiner, Art Unit 3772