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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the boundary between the first cosmetic composition and the second cosmetic composition that has, at the smaller depth of the first cosmetic composition, a rounded shape must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-3, 5-8, 10-13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Look (US 6695510).
Regarding claim 1, Look discloses a cosmetics product, comprising: a solid cosmetic composition forming a stick and including, in a cosmetically- acceptable medium: at least one first pigment suspended in a first cosmetic composition (16); and a second cosmetic composition (14) which is differentiated from the first cosmetic composition by one or more of color, pigment, or finish (col. 6, ll. 30-46), wherein along a width of a top of the stick, a depth of the first cosmetic composition gradually decreases from a larger depth to a smaller depth (See annotated Fig. 2n below).
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Regarding claim 2, Look discloses the cosmetics product of claim 1, wherein in a cross-section along a plane that is perpendicular to an axis along a length of the solid composition, a boundary between the first cosmetic composition and the second cosmetic composition has a "V" shape, with two straight lines extending from a point at an angle to each other (Fig. 2n).
Regarding claim 3, Look discloses the cosmetics product of claim 1, wherein the gradual decrease is linear and monotonic (Fig. 2n).
Regarding claim 5, Look discloses the cosmetics product of claim 1, wherein the second cosmetic composition is colorless (col. 6, ll. 33-36).
Regarding claim 6, Look discloses a cosmetic product, comprising: a solid cosmetic composition forming a stick and including: at least a first cosmetic composition (16) containing, in a cosmetically-acceptable medium, a first pigment, and a second cosmetic composition (14) containing, in a cosmetically-acceptable medium, a second pigment different from the first pigment (col. 6, ll. 30-46), wherein along a width of a top of the stick, a depth of the first cosmetic composition gradually decreases from a larger depth to a smaller depth (Fig. 2n).
Regarding claim 7, Look discloses the cosmetics product of claim 6, wherein in a cross-section along a plane that is perpendicular to an axis along a length of the solid cosmetic composition, a boundary between the first cosmetic composition and the second cosmetic composition has a "V" shape, with two straight lines extending from a point at an angle to each other (Fig. 2n).
Regarding claim 8, Look discloses the cosmetics product of claim 6, wherein the gradual decrease is linear and monotonic (Fig. 2n).
Regarding claim 10, Look discloses the cosmetics product of claim 6, wherein the second cosmetic composition is colorless (col. 6, ll. 33-36).
Regarding claim 11, Look discloses a cosmetics product, comprising: a dispenser (12); and a solid cosmetic composition forming a stick and housed in the dispenser, and wherein the solid cosmetic composition has a top protruding from the dispenser (Fig. 2n), and wherein the solid cosmetic composition includes, in a cosmetically-acceptable medium: at least one first pigment suspended in a first cosmetic composition (16), and a second cosmetic composition (14) which is differentiated from the first cosmetic composition by one or more of color, pigment, or finish (col. 6, ll. 30-46), wherein along a width of the top of the stick, a first amount of the first cosmetic composition is gradually decreased with respect to a second amount of the second cosmetic composition (Fig. 2n).
Regarding claim 12, Look discloses the cosmetics product of claim 11, wherein in a cross-section along a plane that is perpendicular to an axis along a length of the solid cosmetic composition, a boundary between the first cosmetic composition and the second cosmetic composition has a "V" shape, with two straight lines extending from a point at an angle to each other (Fig. 2n).
Regarding claim 13, Look discloses the cosmetics product of claim 11, wherein the gradual decrease is linear and monotonic (Fig. 2n).
Regarding claim 15, Look discloses the cosmetics product of claim 11, wherein the second cosmetic composition is colorless (col. 6, ll. 33-36).
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) 4, 9, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Look.
Regarding claims 4, 9, and 14, Look teaches the cosmetics product of claims 1, 6, and 11, respectively, wherein, in a cross-section along a plane that is perpendicular to an axis along a length of the solid cosmetic composition, a boundary between the first cosmetic composition and the second cosmetic composition has, at the smaller depth of the first cosmetic composition, a rounded shape (Fig. 2h).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have changed the shape of the first and second compositions of Look such that in a cross-section along a plane that is perpendicular to an axis along a length of the solid cosmetic composition, a boundary between the first cosmetic composition and the second cosmetic composition has, at the smaller depth of the first cosmetic composition, a rounded shape, wherein doing so would merely be a matter of selecting a different shape or combining several shapes within the teachings of Look (Figs. 2a-2y and col. 5, ll. 20-45).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Ambler, O’Reilly, Kapustin, Chao, Palo, and Costo Lucco references are cited as being directed to the state of the art of cosmetic sticks with more than one composition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY S OLIVER whose telephone number is (571)270-3787. The examiner can normally be reached Monday-Friday, 7-3 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571)270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY S OLIVER/Examiner, Art Unit 3754