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 .
Response to Amendment
The amendments filed on January 6, 2026, have been entered.
The previously raised claim objections have been withdrawn in light of the amendment submitted by the Applicant on January 6, 2026.
Drawings
The drawings were received on January 6, 2026, and December 4, 2025. These drawings are not acceptable.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the reference signs/ numbers mentioned in the description. Fig 1 (received on 01/06/2025) is missing reference signs/ numbers mentioned in the specification. Fig 2 (received on 12/04/2025) should not contain frame around the drawing. Fig 3 (received on 12/04/2025) is incomplete and unclear.
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. 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 Objections
Claim 1 lines 8-9 should read “volume to transfer a cosmetic application to [[the]] user's skin when the face mask is [[ pressed onto [[the]] a face”. The Examiner notes that the claim objection requires removal of the relative term “gently” and lack of antecedent basis.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In this instance, claim 1 contains several subject matter not properly described in the specification as filed. These new subject matters are “molded face mask”; “non-absorbent, flexible material selected from silicone, thermoplastic elastomer, or polymeric elastomeric film”; “a pre-measured amount of cosmetic composition”; “mound, bead, or well”; “cosmetic deposits are not printed or sprayed pigment regions and the device does not utilize digital facial-scan customization or computer-generated cosmetic pattern printing”. The Examiner notes that the claim will be interpreted by a cosmetic application device comprising a three-dimensional face mask, the face mask including an inner surface and an outer surface; a plurality of discrete, volumetric cosmetic deposits disposed on the inner surface of the face mask, each deposit comprising an amount of a cosmetic composition selected from foundation, concealer, blush, highlighter, contour, or combinations thereof, wherein each cosmetic deposit is a three-dimensional droplet, containing actual cosmetic formulation having sufficient thickness and volume to transfer a cosmetic application to the user's skin when the face mask is pressed onto the face; wherein the cosmetic deposits are individually positioned in predetermined locations corresponding to facial regions associated with professional makeup application.
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.
Claim 1 is 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 pre-AIA the applicant regards as the invention. The term “gently” in claim 1 line 9 is a relative term which renders the claim indefinite. The term “gently” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree of the gentle pressed, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this instance, the meaning of “gently” in “gently pressed” depends entirely on the context, the user, and the comparison point involved in the situation. What can be gentle in a situation, can be considered hard in a different situation and by a different user as well. In addition, the specification does not provide a standard for ascertaining the requisite degree of the “gentle pressed”, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, the claim will be interpreted by “well containing actual cosmetic formulation having sufficient thickness and volume to transfer a cosmetic application to user's skin when the face mask is pressed onto a face”. Applicant is recommended to clarify to overcome this issue.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Tafel et (US 20250318999 A1, hereinafter “Tafel”) in view of Kamen et al (US 20090280150 A1, hereinafter “Kamen”).
Regarding claim 1. Tafel discloses a cosmetic application device (abstract and Fig 1, Fig 3, Fig 5) comprising: a three-dimensional, face mask (Fig 3 and Fig 5. The face mask sheet 100 has three dimensions including thickness of the face mask), the face mask including an inner surface (Fig 1, inner surface 110) and an outer surface (Fig 1, opposite surface of inner surface 110); a plurality of discrete, volumetric cosmetic deposits disposed on the inner surface of the face mask (Fig 1 and ¶0018, deposit of cosmetic 101-108 with volume of cosmetic material), each deposit comprising an amount of a cosmetic composition (Fig 1, deposit of cosmetic material 101-108 comprise amount of cosmetic material or composition) selected from foundation, concealer, blush, , contour (¶0020), wherein each cosmetic deposit is a three-dimensional containing actual cosmetic formulation having sufficient thickness and volume (Fig 1 and ¶0020. Cosmetic material 101-108 have volume and are three dimensional) to transfer a cosmetic application to the user's skin when the face mask is pressed onto the face (¶0020) ; wherein the cosmetic deposits are individually positioned in predetermined locations corresponding to facial regions associated with professional makeup application (Fig 1).
Tafel is silent to each cosmetic deposit is a three-dimensional droplet.
Kamen teaches a face mask for targeted and individualized cosmetic delivery (abstract and Fig 1-6) including each cosmetic deposit is a three-dimensional droplet (Fig 3 and ¶0027) so that these skin benefit agents are deposited onto the substrate as separate droplets, which are scattered among one another but without being mixed with one another. In this manner, such skin benefit agents can provide simultaneous treatment to the corners of the user's eyes and mouth with minimum or no interference with one another (¶0027).
It would have been obvious to one having ordinary skill in the art before the effective filing date to substitute the cosmetic deposit of Tafel face mask with cosmetic droplets, as taught by Kamen, to allow the cosmetic deposit to be scattered among one another but without being mixed with one another and provide simultaneous treatment to the corners of the user's eyes and mouth with minimum or no interference with one another.
Response to Arguments
Applicant's arguments filed in December 04, 2025, have been fully considered but they are not persuasive.
The Applicant alleges that: Tafel does not teach or suggest a molded non-absorbent mask with discrete volumetric cosmetic droplets, nor the absence of a digital printing system as claimed, Tafel cannot anticipate amended claim 1.
In response: The Examiner disagree with the applicant’s assertion. The newly amended features of “molded non-absorbent mask” and the negative limitations of “a digital printing system” raised new matter issues since those limitations were not properly described in the specification as filed. Kamen teaches droplets of cosmetic material as shown in Fig 3 and described in ¶0027.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIM ASQIRIBA whose telephone number is (571)270-3416. The examiner can normally be reached on M-F 8-5 pm.
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/KARIM ASQIRIBA/Examiner, Art Unit 3772
/RACHEL R STEITZ/Primary Examiner, Art Unit 3772