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 .
Election/Restrictions
Applicant’s election of Invention II with Sub-species A2 (Fig 2) and Sub-species B1 (Fig 8A), drawn to claims 1-2 and 5-7 without traverse in the reply filed on January 14, 2026, is acknowledged.
Claims 3-4 and 8-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 14, 2026.
Claim Objections
Claim 1 line 8 should read “between the plurality of brush bristles”, since claim 1 line 5 states “a plurality of brush bristles”. Correction is required to overcome this issue.
Claim 2 line 4 should read “a brush portion connected to the upper end [[ extending in the second direction”. Correction is required 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.
Claims 1-2 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Dumler (US 6532967 B1, hereinafter “Dumler”) in view of Ahn et al (US 20220225713 A1, hereinafter “Ahn”).
Claim 1. Dumler discloses an applicator set for artificial eyelash extension systems (Fig 1-6 and Col 1 lines 50-57. The mascara applicator set is capable to comb artificial eyelash extensions), the applicator set comprising: and an applicator (Fig 1) including a plurality of brush bristles (Fig 1, bristles 3) that temporarily support the eyelash filaments (Col 1 lines 54-57. Bristles 3 temporarily support eyelash filament during the application of combing process). Dumler is silent to an artificial eyelash extension system having a support strip and a plurality of eyelash filaments extending from the support strip; wherein the eyelash filaments are configured to be inserted into empty spaces between the brush bristles.
Ahn teaches false eyelash extension system (abstract and Fig 1-5B) including an artificial eyelash extension system (Fig 4A.80) having a support strip (Fig 4a.12) and a plurality of eyelash filaments (Fig 4A.14) extending from the support strip (Fig 4A); wherein the eyelash filaments are configured to be inserted into empty spaces between the brush bristles (The eyelash filaments 14 are spaced apart and are capable to be inserted into empty spaces between the brush bristles) so that the Kiss applicator is one suitable eyelash applicator for use with the instant invention and is not meant to be limiting. A person having ordinary skill in the art will understand that many false lash applicators are suitable for use with the instant invention (¶0057), and to provide a ready-to-use artificial eyelash extension system having a pre-applied adhesive that is easy for a user to apply (¶0007).
It would have been obvious to one having ordinary skill in the art before the effective filing date to use the applicator of Dumler’s device with the artificial eyelash extension system, as taught by Ahn, so that the Kiss applicator is one suitable eyelash applicator for use with the instant invention and is not meant to be limiting. A person having ordinary skill in the art will understand that many false lash applicators are suitable for use with the instant invention, and to provide a ready-to-use artificial eyelash extension system having a pre-applied adhesive that is easy for a user to apply.
Claim 2. Dumler and Ahn teach the invention of claim 1. Dumler further teaches the applicator comprises: a handle portion (annotated Fig 1. A) extending in a first direction (annotated Fig 1. B) and having an upper end bent (annotated Fig 1. C) in a second direction (annotated Fig 1. D) that intersects the first direction (Fig 1); and a brush portion (annotated Fig 1. E) connected to the upper end extending in the second direction and having the plurality of brush bristles (Fig 1).
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Claim 5. Dumler and Ahn teach the invention of claim 1. Dumler further teaches the brush portion comprises: a brush body (Fig 1. 2) fixed to the upper end of the handle portion and having a flexible material (abstract. Core material 2 is made of intertwisted wire); and the plurality of brush bristles formed on an outer surface of the brush body (Fig 1).
Claim 6. Dumler and Ahn teach the invention of claim 5. Dumler further teaches the flexible brush body is configured to be transformed into a convexly curved arch shape to correspond to a shape of a user's eyelash line (Fig 3 and Fig 2. The flexible brush body 2 is capable to form a convexly curved arch shape to correspond to a shape of a user's eyelash line as shown in Fig 3 vs Fig 2) .
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Dumler (US 6532967 B1, hereinafter “Dumler”) in view of Ahn et al (US 20220225713 A1, hereinafter “Ahn”) as applied to claim 1 above, and further in view of Dumler et al (US, hereinafter “Dumler et al”).
Claim 7. Dumler and Ahn teach the invention of claim 1, but silent to the plurality of brush bristles are made of at least one of fiber, synthetic resin, and metal.
Dumler et al teaches a mascara brush including a plurality of brush bristles made of at least one of fiber (Col 5 line 27) to efficiently enhance the user’s eyelashes and create thick, voluminous, and dramatic lashes. It would have been obvious to one having ordinary skill in the art before the effective filing date to specify the material of the plurality of bristles of the combination of Dumler and Ahn device to be made of fiber, as taught by Dumler et al, to efficiently enhance the user’s eyelashes and create thick, voluminous, and dramatic lashes.
Conclusion
Additional references were also reviewed during the examination of this application and listed for your reference in the notice of reference cited form.
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/KARIM ASQIRIBA/Examiner, Art Unit 3772