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 .
Power of Attorney
It appears applicant has legal representation but a valid power of attorney has not been filed in the present application. Providing representative information in an Application Data Sheet (ADS) does not constitute a power of attorney. See 37 CFR 1.76(b)(4) and MPEP § 408. For information on appointing a power of attorney, see MPEP § 402.02 et seq.
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 1-6 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tuttle (WO 2022056541).
Regarding Claim 1, Tuttle discloses a system for applying one or more artificial nails (Figure 1; ¶ 0011 states that several embodiments are disclosed) comprising
a. at least one first magnet (¶ 0012 states that base 20 can include one or more magnets; ¶ 0016 states the base can be made of magnetic material and therefore is a magnet) that has a top surface and a bottom surface (Figure 1 shows the base as thin with a top and bottom surface and the magnet associated with the base would also have a top and bottom surface);
b. at least one artificial nail (artificial nail 30) having an upper surface (top or first side 32) and a lower surface (bottom or second side 34), wherein a second magnet (magnet 36; ¶ 0013) or a metallic piece (¶ 0018; clause 7) is attached to the lower surface (Figure 2; ¶ 0019; clauses 9-11), the upper surface, embedded within the at least one artificial nail (¶ 0018 provides for the artificial nail being made of a metallic material), or a combination thereof (clause 7 states it can be the nail assembly of any preceding clause); and
c. an adhesive (¶ 0012 states base 20 containing one or more magnets can be applied to the natural nail with adhesive; ¶ 0016 states the magnet can be attached to the base with an adhesive; clause 8).
Regarding Claim 2, Tuttle discloses the system of claim 1 (as presented above), wherein the adhesive is applied to the bottom surface of the at least one first magnet (¶ 0012).
Regarding Claim 3, Tuttle discloses the system of claim 1 (as presented above), wherein the at least one first magnet is a permanent magnet, a flexible magnet, or a combination thereof (¶ 0011).
Regarding Claim 4, Tuttle discloses the system of claim 1 (as presented above), wherein the second magnet is a permanent magnet, a flexible magnet, or a combination thereof (¶ 0011).
Regarding Claim 5, Tuttle discloses the system of claim 1 (as presented above), wherein the metallic piece comprises one or more metals that is sufficiently attracted to the at least one first magnet to attach the at least one artificial nail to the at least one first magnet (¶ 0011 and 0018; clause 1; clause 7).
Regarding Claim 6, Tuttle discloses the system of claim 1 (as presented above), wherein the second magnet is sufficiently attracted by the magnetic field of the at least one first magnet to attach the at least one artificial nail to the at least one first magnet (¶ 0011, particularly the last sentence).
Regarding Claim 15, Tuttle discloses a method of applying an artificial nail (Figure 1) comprising
applying an adhesive to a bottom surface of a first magnet or an individual's nail (¶ 0006: “The base is configured to be coupled to ta natural nail via an adhesive on the bottom side of the base” and ¶ 0012 states the base includes one or more magnets; Claim 8);
attaching the bottom surface of the first magnet to the individual's nail (¶ 0006, 0012); and
attaching (Figure 1; ¶ 0011; Figure 3) an artificial nail (artificial nail 30) having an upper surface (top or first side 32) and a lower surface (bottom or second side 34) to a top surface of the first magnet, wherein a second magnet (magnet 36; ¶ 0013) or a metallic piece (¶ 0018; clause 7) is attached the lower surface (Figure 2; ¶ 0019; clauses 9-11), the upper surface, embedded within the at least one artificial nail (¶ 0018 provides for the artificial nail being made of a metallic material), or a combination thereof (clause 7 states it can be the nail assembly of any preceding clause).
Regarding Claim 16, Tuttle discloses the system of claim 15 (as presented above), wherein the first magnet is attached at or near a base of the individual's nail (Figure 1; ¶ 0013).
Regarding Claim 17, Tuttle discloses the system of claim 15 (as presented above), wherein first magnet is a permanent magnet, a flexible magnet, or a combination thereof (¶ 0011).
Regarding Claim 18, Tuttle discloses the system of claim 15 (as presented above), wherein the second magnet is a permanent magnet, a flexible magnet, or a combination thereof (¶ 0011) and sufficiently attracted by the magnetic field of the first magnet to attach the artificial nail to the first magnet (last sentence of ¶ 0011).
Regarding Claim 19, Tuttle discloses the system of claim 15 (as presented above), wherein the metallic piece comprises one or more metals sufficiently attracted to the first magnet to attach the artificial nail to the first magnet (¶ 0011 and 0018; clause 1; clause 7).
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.
Claims 8-13 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tuttle (WO 2022056541) in view of Bartolucci (US 3,982,551).
Regarding Claim 8, Tuttle discloses an artificial nail system (Clause 1; Figure 1) comprising
a first magnet (¶ 0012 states that base 20 can include one or more magnets; ¶ 0016 states the base can be made of magnetic material and therefore is a magnet), wherein each first magnet has a top surface and a bottom surface (Figure 1 shows the base as thin with a top and bottom surface and the magnet associated with the base would also have a top and bottom surface);
an artificial nail assembly (Figure 2), wherein each artificial nail assembly has one or more artificial nails (artificial nail 30) having an upper surface (top or first side 32) and a lower surface (bottom or second side 34),wherein a second magnet (magnet 36; ¶ 0013) or a metallic piece (¶ 0018; clause 7) is attached to the lower surface (Figure 2; ¶ 0019; clauses 9-11), the upper surface, embedded within the at least one artificial nail (¶ 0018 provides for the artificial nail being made of a metallic material), or a combination thereof (clause 7 states it can be the nail assembly of any preceding clause); and
an adhesive (¶ 0012 states base 20 containing one or more magnets can be applied to the natural nail with adhesive; ¶ 0016 states the magnet can be attached to the base with an adhesive; clause 8).
Tuttle does not explicitly teach the artificial nail system being provided as a kit for applying one or more artificial nails, but kits for applying artificial nails are well known.
For example, Bartolucci, in the same field of endeavor of artificial finger nails (abstract), teaches a kit (kit 10; Figure 1) for applying one or more artificial nails (col 1 lines 4-6) comprising a plurality of artificial nail assembles (false fingernail blanks 14) and an adhesive (tube 50). Bartolucci teaches the kit providing a plurality of artificial nails in order to provide a complete set plus spares, and are sized to match different finger nails (col 1 lines 62-66).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the artificial nail system as taught by Tuttle to be in a kit with a plurality of magnets and a plurality of artificial nail assemblies such that there are enough nails for a complete set matching the sizes needed, as taught by Bartolucci (col 1 lines 62-66).
Regarding Claim 9, Tuttle as modified by Bartolucci teaches the kit of claim 8 (as presented above). Tuttle further teaches wherein the adhesive is applied to the bottom surface of each first magnet in the plurality of first magnets (¶ 0011).
Regarding Claim 10, Tuttle as modified by Bartolucci teaches the kit of claim 8 (as presented above). Tuttle further teaches wherein each first magnet is a permanent magnet, a flexible magnet, or a combination thereof (¶ 0012).
Regarding Claim 11, Tuttle as modified by Bartolucci teaches the kit of claim 8 (as presented above). Tuttle further teaches wherein the second magnet is a permanent magnet, a flexible magnet, or a combination thereof (¶ 0012).
Regarding Claim 12, Tuttle as modified by Bartolucci teaches the kit of claim 8 (as presented above). Tuttle further teaches wherein each metallic piece comprises one or more metals that is sufficiently attracted to a first magnet in the plurality of first magnets to attach the one or more artificial nails to the first magnet (¶ 0011 and 0018; clause 1; clause 7).
Regarding Claim 13, Tuttle as modified by Bartolucci teaches the kit of claim 8 (as presented above). Tuttle further teaches wherein the second magnet is sufficiently attracted by the magnetic field of the first magnet to attach the one or more artificial nails to the first magnet (¶ 0011, particularly the last sentence).
Claims 7 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tuttle (WO 2022056541) in view of Holo Taco Frosted Metals Collection (as shown in https://www.youtube.com/watch?v=vEGQFBzTgH4 published Nov. 7, 2020).
Regarding Claims 7 and 20, Tuttle discloses the system of claim 1 (as presented above) and the method of applying an artificial nail of claim 15 (as presented above). Tuttle further discloses wherein the second magnet is embedded within the artificial nail (¶ 0013 states the magnet can be integral with the bottom surface, therefore the magnet is embedded in the bottom surface and embedded in the artificial nail) and one or more metallic pieces are attached to the upper surface or the lower surface of the artificial nail (clause 7 states the artificial nail comprises a metallic material and it depends from any of the preceding clauses, therefore discloses embodiment including also clause 2 which includes a magnet on both the base and the artificial nail).
If the artificial nail comprising a metallic material (which can include the nail being made of a metallic material or being coupled to such) is not considered to meet the limitation of one or more metallic pieces being attached to the upper or lower surface of the artificial nail, then Tuttle does not teach that limitation.
However, decorative nail polishes that contain metallic pieces are well known. For example Holo Taco Frosted Metals collection are nail polishes that contain metallic foils and are applied to nails for a decorative finish, including artificial nails.
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Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the artificial nails as taught by Tuttle to include metallic pieces on the upper surface via a decorative nail polish like Holo Taco’s in order to provide a desired decorative appearance.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (WO 2022056541) and Bartolucci (US 3,982,551) as applied to claim 8 above, and in further view of Holo Taco Frosted Metals Collection (as shown in https://www.youtube.com/watch?v=vEGQFBzTgH4 published Nov. 7, 2020).
Regarding Claim 14, Tuttle, as modified by Bartolucci, teaches the kit of claim 8 (as presented above). Tuttle further teaches wherein the second magnet is embedded within the artificial nail (¶ 0013 states the magnet can be integral with the bottom surface, therefore the magnet is embedded in the bottom surface and embedded in the artificial nail) and one or more metallic pieces are attached to the upper surface or the lower surface of the artificial nail (clause 7 states the artificial nail comprises a metallic material and it depends from any of the preceding clauses, therefore discloses embodiment including also clause 2 which includes a magnet on both the base and the artificial nail).
If the artificial nail comprising a metallic material (which can include the nail being made of a metallic material or being coupled to such) is not considered to meet the limitation of one or more metallic pieces being attached to the upper or lower surface of the artificial nail, then Tuttle does not teach that limitation.
However, decorative nail polishes that contain metallic pieces are well known. For example Holo Taco Frosted Metals collection are nail polishes that contain metallic foils and are applied to nails for a decorative finish, including artificial nails.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the artificial nails as taught by Tuttle to include metallic pieces on the upper surface via a decorative nail polish like Holo Taco’s in order to provide a desired decorative appearance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/JENNIFER P CONNELL/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799