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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China (CN) on 01/09/2024. Although applicant has filed a certified copy of the CN202410030182.0 application as required by 37 CFR 1.55, a translation was not included.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
For the purpose of examination, the priority date for claims 1-10 is 08/16/2024.
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanchez (US 20170290411 A1) in view of Chen (CN 117084495 A); refer to the provided translation for Chen.
Regarding claim 1, Sanchez discloses a multifunctional applicator (3),
comprising a first application element (8b) and a second application element (8a), wherein the first application element (8b) and the second application element (8a) are two independent components (8a, 8b) made of different materials (refer to Paragraphs [0015], [0119], [0125], Fig. 5; the two half pieces (30a, 30b) are connected to the first part (15) and second part (17), forming two parts (8a, 8b) that are connected together by a hinge (34); thus, the components (8a, 8b) are independent; Sanchez further discloses an advantage of the invention as the first and second parts (15, 17), which form the two components (8a, 8b), being made of different materials) and wherein
the first application element (8a) comprises a first application head (17) and a first connecting rod (30b+43b) that are fixedly connected (refer to Paragraph [0125], the two half end pieces (30a, 30b) are connected to the first (15) and second (17) parts by intermediate portions (43a, 43b));
an insertion member (50) is fixedly provided on the first application head (17);
the second application element (8a) comprises a second application head (15) and a second connecting rod (30a+43a) that are fixedly connected (refer to Paragraph [0125], the two half end pieces (30a, 30b) are connected to the first (15) and second (17) parts by intermediate portions (43a, 43b));
a second mounting groove (53) is formed in the second application head (15); and
the insertion member (50) is configured to be inserted into the second mounting groove (53) (refer to Paragraph [0143]; the rib (50) is snap fastened into the groove (53)).
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Sanchez does not disclose this embodiment (Figs. 1-10) as comprising a first mounting groove in the first connecting rod (30b+43b), wherein the second connecting rod (30a+43a) is inserted into the first mounting groove.
Sanchez discloses an alternative embodiment (Fig. 18), wherein a mounting groove (75) is formed in the first connecting rod (30a+43a) and the second connecting rod (30b) is inserted into the first mounting groove (75) (refer to Paragraph [0152], annotated Fig. 18 below; the mounting groove (75) is shown as extending through the end piece (30a) and corresponding intermediate portion (43a)). Sanchez also discloses, in reference to the first embodiment (Fig. 1), that either end piece (30a, 30b) can comprise the mounting groove (75) for receiving the other half end. Thus, Sanchez teaches a finite number of predictable solutions for assembling the first application element (8b) and the second application element (8a). Forming the mounting groove (75) in the first connecting rod (30a+43a) allows adjustment of the first application element (8b) relative to the second application element (8a), without affecting the angle such that the second application element (8a) still surrounds the first application element (8b). This modification allows the second application element (8a) to sit lower, exposing more of the first application element (8b), allowing use of the first application element (8b), without unintentionally using the second application element (8a). This is beneficial for instances in which only the massaging provided by the reliefs (27) on the first application element (8b)are desired by the user (refer to Paragraphs [0032], [0131], annotated Fig. 4 below).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first connecting rod (30b+43b) with the mounting groove (75) to assemble the applicator (3) for use of only one application element (8b).
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Sanchez is also silent to the hardness of the first application element (8a) as less than the hardness of the second application element (8b).
Chen discloses a dual applicator component (10) in the same field of endeavor, wherein the second application element (2) forms a second mounting groove (6) for receiving the first application element (12) (refer to Paragraph [n0081], annotated Fig. 6 below), the first application element (12) is formed of a plastic, wood or rubber (refer to Paragraph [n0096]), and the second application element (2) is formed of a metal or ceramic (refer to Paragraph [n0083]). Plastic, wood and rubber are less hard than metal and ceramics. By using a thermally conductive material for the second application element (2), a cooling or heating sensation can be applied to the user’s skin (refer to Paragraph [n0007]) , while the material for the first application element (12) acts as an insulator for when the cooling or heating sensation is not desired (refer to Paragraphs [n0008], [n0020]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the first (8b) and second (8a) application elements as taught by Sanchez with the thermally conductive and non-thermally conductive materials as taught by Chen, in order to provide a multifunctional application surface for optional cooling and heating sensations (refer to Paragraphs [n0007], [n0008], [n0020]).
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Regarding claim 2, Sanchez and Chen disclose the multifunctional applicator according to claim 1; Sanchez further discloses wherein a first end of the first application head (3; refer to annotated Fig.7 below) is connected to the first connecting rod (30b+43b); and
the insertion member (50) is obliquely connected to a second end of the first application head (3; refer to annotated Fig.7 below) (refer to Paragraphs [0132], [0141]; the second part (17) has a rib (50) formed at the angled longitudinal axis (T) of the applicator head (9)).
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Regarding claim 3, Sanchez and Chen disclose the multifunctional applicator according to claim 2; Sanchez further discloses wherein the first application head (17) comprises an application surface (refer to annotated Fig. 7 below) and a mounting surface (refer to annotated Fig. 7 below) that are opposite to each other (refer to annotated Fig. 7 below); and
a tail end of the insertion member (50; refer to annotated Fig. 7 below) inclines toward the mounting surface (Refer to annotated Fig. 7 below).
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Regarding claim 4, Sanchez and Chen disclose the multifunctional applicator according to claim 1; Sanchez further discloses,
wherein a first oblique surface (43b) is provided in the first connecting rod (30b+43b);
a second oblique surface (43a) is provided on the second connecting rod (30a+43a); and
the first oblique surface (43b) is configured to cooperate[[s]] with the second oblique surface (43a) (refer to Paragraph [0133]; the intermediate portions (43a,43b) are symmetrically formed to assemble without discontinuities).
Based on the modification in claim 1, the first connecting rod (30b+43b) is modified to comprise the first mounting groove (75). The mounting groove (75) is shown as extending to the intermediate portion (43a;refer to annotated Fig. 18 from claim 1 above), which is analogous to the first oblique surface (43b) in the first connecting rod (30b+43b). Thus, by modifying the first connecting rod (30b+43b) to include the mounting groove (75), the first oblique surface (43b) is provided in the mounting groove (75).
Regarding claim 5, Sanchez and Chen disclose the multifunctional applicator according to claim 4; Sanchez further discloses wherein the first oblique surface (43b) extends to the first application head (17), and the second oblique surface (43a) extends to the second application head (15) (refer to annotated Fig. 7 below).
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Regarding claim 6, Sanchez and Chen disclose the multifunctional applicator according to claim 1; Sanchez further discloses wherein the second mounting groove (53) is obliquely formed in the second application head (15) (refer to Paragraphs [0132], [0142]; the applicator head (9) is obliquely formed, with the groove (53) being formed in the angled applicator head (9)) and
the second mounting groove is a blind groove (refer to Paragraph [0142], annotated Fig. 5 below; the groove (53) is formed internal to the second application head (15) and does not extend through).
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Regarding claim 7, Sanchez and Chen disclose the multifunctional applicator according to claim 1; Sanchez further discloses,
wherein the second connecting rod (30a+43a) is in interference fit in the first mounting groove (75) (refer to Paragraphs [0126]-[0127]; based on the modification in claim 1, the first connecting rod (30b+43b) is modified to comprise the first mounting groove (75); the reliefs (75) cooperate by snap-fastening, a form of interference fit) or
the second connecting rod is clamped in the first mounting groove (75) (refer to Paragraph [0129]; based on the modification in claim 1, the first connecting rod (30b+43b) is modified to comprise the first mounting groove (75); the first (30b+43b) and second (30a+43a) connecting rods are assembled by clamping the two together via a hinge (34)); or
the second connecting rod is bonded in the first mounting groove through a glue.
Regarding claim 9, Sanchez and Chen disclose the multifunctional applicator according to claim 1; Sanchez further discloses wherein the first application element (8a) is made of a plastic material (refer to Paragraph [0046]; the first (8a) and second (8b) part are made from a thermoplastic material);
an application unit (18) is provided on an outer surface of the first application head (17); and
a material storing groove (refer to annotated Fig. 5 below) is formed in the first application head (17) (refer to Paragraph [0032]; recessed reliefs promote accumulation of product; the area between each of the protruding ribs (27) acts as a recess).
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Regarding claim 10, Sanchez and Chen disclose the multifunctional applicator according to claim 1; Sanchez further discloses wherein an outer surface of the second application head (15) is a smooth surface (refer to annotated Fig. 2 below; Examiner understands smooth as not having any protruding structures), but is silent to wherein the second application element (8b) is made of a metal material, a ceramic material or a glass material
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Based on the modification in claim 1, Chen discloses a dual applicator component (10) in the same field of endeavor, wherein the second application element (2) is formed of a metal or ceramic (refer to Paragraph [n0083]).
Response to Arguments
The outstanding objections of claims 1 and 4 are withdrawn in view of the newly submitted claim amendment.
Applicant's arguments filed 03/20/2026 have been fully considered but they are not persuasive.
Sanchez specifically states that the two components are connected by a hinge, and are thus independent, which is advantageous as the first and second parts can be different materials (refer to Paragraphs [0015], [0119], [0125], Fig. 5). In considering Sanchez as a whole, all embodiments must be considered. Thus, Sanchez is not considered inoperable by the modification provided by Chen, as Sanchez discloses in multiple sections of the prior art that the invention is formed from two half end pieces and then assembled together (refer to Paragraphs [0047], [0054], [0060], [0119]).
In response to the argument that the combination changes the principle of operation of the prior art, the principle operation of Sanchez is applying cosmetic product to human keratin materials (refer to Paragraph [0056]), the same principle of operation of Chen’s device (refer to Paragraph [n0010]), thus the proposed modification does not change the principle of operation . Further, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's argument that the inventor identified a problem others did not, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 10:00-7:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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