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 1-20 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.
Claim 1, states “target points are respectively provided on sections of at least two of the bristles”; however, it is unclear what “target points” are. Are the target points the outermost surrounding surface or specific points along the outer surface. The specification provides no further guidance to determine what constitutes as “target points” the claim will be examined as any point along the outer surface of the bristle as being a target point.
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) 1-6, 8-9, 11, 13-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schreiber et al. (US 12,226,009).
Schreiber et al. discloses an applicator, comprising a brush rod (12), wherein M rows of bristles are arranged on the brush rod; the bristles (82; Fig. 5 or 109; Fig. 7) each comprise a first end (81) fixedly connected to the brush rod, and a second end (85) being a free end; the second end of the bristle extends toward a direction away from the brush rod; there are N bristles in each row of bristles; target points (84) are respectively provided on sections of at least two of the bristles; the target points are located on a same spiral line (Fig. 8); and the first ends of the bristles in a same row are located in a same axial direction of the brush rod, M≥2, N≥2, and M and N each being an integer (see Figure 5-8; col. 8, lines 50-65).
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Claim 2, bristles (14) on the same spiral line (Fig. 8) comprise at least a first bristle and a second bristle; the first bristle belongs to an i-th row of bristles; and the second bristle belongs to a j-th row of bristles (Fig. 8).
Claim 3, target points (102 or 84) are respectively provided on sections of the bristles in the same row, and the target points are located on the same spiral line (see Figure 8).
Claim 4, target points (102) are respectively provided on sections of all of the bristles, and the target points are located on the same spiral line (see Figures 7 and 8).
Claim 5, comprising at least two spiral lines, wherein a first group of target points are provided on sections of first bristles in the M rows of bristles; the first group of target points are located on a first one of the at least two spiral lines; a second group of target points are provided on sections of second bristles in the M rows of bristles; and the second group of target points are located on a second one of the at least two spiral lines (see spiral lines on Figure 8).
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Claim 6, different spiral lines have a same pitch (see Figure above).
Claim 8, a side of the bristle comprises at least a curved surface and/or a twisted surface (see Figure above).
Claim 9, comprising a brush handle (7), wherein the brush rod (6) comprises a first end fixedly connected to the brush handle, and a second end being a free end; and the second end of the bristle (20) inclines toward the second end of the brush rod (see Figure 13; embodiment with bristles rotated).
Claim 11, the bristles (20) in the same row have a same inclination angle toward the second end of the brush rod (see Figure 13).
Claim 13, the bristle is a sheet structure, and an upper surface of the bristle is shaped as at least one of a petaloid structure with two small ends and a large middle, a polygonal structure, a semi-petaloid structure, and a notched petaloid structure (see Figures 5 and 7).
Claim 14, a sectional area of the first end of the bristle is greater than a sectional area of the second end of the bristle (see Figure 5).
Claim 15, there are at least two types of the bristles; different types of the bristles have different features; and the features of the bristles comprise at least one of a hardness, a color, a shape and a size (col. 13, lines 30-35).
Claim 17, there are H types of the bristles; and the H types of the bristles comprise at least two types of bristles having different hardnesses, H≥2, and H being an integer (col. 13, lines 30-35).
Claim 18, the bristles in the same row have a same hardness, and the bristles in two adjacent rows have different hardnesses (i.e. stacked bristles col. 13, lines 30-35).
Claim 19, a connecting line for the second ends of the bristles in the same row comprises at least one of a linear segment and a curve (see Figure 8).
Claim 20, the connecting line for the second ends of the bristles in the same row comprises at least one of a raised arc, a recessed arc, a tailing peak, a leading peak, a multi-peak shape and an inverted V shape (see Figures 5-8).
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) 7, 10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schrieber et al. (US 12,226,009).
Schrieber et al. disclose the claimed invention except for the spiral line has a pitch of 0.5 mm to 1.5 mm; an inclination angle between a central axial section P of the bristle and a radial section Q of the brush rod is β, 1°<β<5°; and the bristles in two adjacent rows have different inclination angle towards the second end of the brush rod. It would have been an obvious matter of design choice to the spiral line has a pitch of 0.5 mm to 1.5 mm; an inclination angle between a central axial section P of the bristle and a radial section Q of the brush rod is β, 1°<β<5°; and the bristles in two adjacent rows have different inclination angle towards the second end of the brush rod, since applicant has not disclosed that the pitch and angle and inclination angle of the bristles, solves a particular problem and the optimal range would be deemed matters of design choice, will within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schreiber et al. (US 12,226,009) in view of Pires et al. (US 9,854,895).
Schreiber et al. disclose the claimed invention except for the bristles are a two-color injection molded plastic piece, a three-color injection molded plastic piece or a three-dimensional (3D) printed plastic piece. Pires et al. teach a cosmetic applicator having bristles with a two-color injected molded pieces and bristles with different hardnesses (col. 5, lines 40-65). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the bristles of Schreiber et al. be made from different colors and different hardness as taught by Pires et al. to allow for application processes or different tactile feel for the user.
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
12/9/2025