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 Arguments
Applicant’s arguments with respect to claim(s) 1-6, 8-15, and 16-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The amendments of independent claim(s) 1, 8 and 16, introduces new claim limitations than were previously presented in the claims filed 02/13/2026 thus, changing the scope of the claims and necessitating new searches, and subsequently new grounds of rejection not relying on the previous reference as applied in the Office Action mailed 05/12/2026. Consequently, all other claims (claim(s) 2-6, 9-15, and 17-21) dependent on claim(s) 1, 8, and 16, will be examined to incorporate the new grounds of rejection.
Regarding claim 16, applicant argued that Eun (WO 2021015361 A1) neither expressly nor inherently disclose a continuous-direction airflow path “through an entirety of the device”. The examiner respectfully disagrees with applicant’s assertion because Fig. 3 of Eun (WO 2021015361 A1) clearly illustrates that the airflow directed from the fan 120 flows from the end wherein the fan is disposed to element 200 as depicted by the airflow arrow thus, showing that the airflow flows in a continuous direction through the whole device.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 8, 10-11, 14, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baldini (US 20190159566 A1).
Regarding claim 1, Baldini discloses a mascara drying and eyelash lifting device (Figs. 1-8) comprising:
a handle at a first end of the device (see annotated Figs. 1 and 3);
a fan (34 Figs. 1 and 3) disposed within the handle (see annotated Figs. 1 and 3), the fan positioned to move air in a first direction (a first direction as interpreted by the examiner is a direction towards element 30 and 50 as best illustrated in annotated Figs. 1 and 3; [0022]: the fan 34 directs the ambient air across the heating element 30 and dispends the warm air outwardly through the opening 20 toward the eyelashes 28 (see Fig. 5 and [0021])); and an air applicator coupled to the handle (see annotated Figs. 1 and 3), the air applicator including:
an air chamber to receive air from the fan (see annotated Figs. 1 and 3; see that element 30 is positioned in the part annotated air chamber and [0022] discloses that the fan directs air across the heating element therefore the annotated air chamber receives air from the fan),
an air output channel extending away from the air chamber (see annotated Figs. 1 and 3),
a wall extending from the air output channel in the first direction (see annotated Figs. 1 and 3), the wall being concave (see annotated Figs. 1 and 3) and defined, at least in part, by:
a length that extends in the first direction from the air output channel to a second end of the device, which is opposite the first end of the device (see annotated Figs. 1 and 3), and
a concave arc of curvature that extends in a second direction that is orthogonal to the first direction (see annotated Figs. 1, 3 and 8; the first direction as annotated by the examiner is in the direction of element 50 (Fig. 3) and in referencing Fig. 8, it would be a direction pointing out of the page in the z-direction while the second direction would be in the x-direction thus being orthogonal; note: that the embodiment of Fig. 8 is similar to the embodiments of Figs. 1-3 except for the shape of the inner wall 52, and the outer wall 60. The examiner further notes that the rejection is based on the disclosed embodiment in Fig. 8 and other Figs. were referenced for the purpose of clarity and illustration of the various views of the disclosed device that are not readily apparent in Fig. 8 because of the top view orientation of the figure. ), such that a cross-sectional profile of the second end of the device is shaped as an arc, where the cross-sectional profile extends in a plane that extends in the second direction (see annotated Figs. 8; see that the from the top view, the second end is shaped as an arc; and the cross-sectional profile extends in an x-plane (x-direction) that extends in the second direction), and
a vent (see that the screen 62 has a vent through which warm air is discharged as illustrated in Fig. 7) extending along the wall in the concave arc of curvature (see that the vent disposed in screen 62 is along the concavity of the wall as shown in Figs. 1 and 3), whereby the air passes out of the air applicator in the first direction along and from the vent (see Fig. 7).
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Regarding claim 3, Baldini discloses the claimed invention substantially as set forth in claim 1. Baldini further discloses the mascara drying and eyelash lifting device according to claim 1, wherein the handle includes a housing (12; [0021-0022]), and wherein the fan is contained within the housing ([0021-0022]: …A motor 32 is mounted on the housing 12. A fan 34 is mechanically coupled to the motor 32 such that the fan 34 rotates when the motor 32 rotates).
Regarding claim 4, Baldini discloses the claimed invention substantially as set forth in claim 1. Baldini further discloses the mascara drying and eyelash lifting device according to claim 1, wherein the fan (34 Fig. 3) is an axial fan ([0022] fan 34 directs ambient air from 24 towards element 30 in a direction that is parallel to its rotating shaft), positioned at a first end of the handle (see annotated Fig. 3), so as to draw the air into the handle at the first end of the handle via air intake apertures (24 Fig. 3) and to push the air out a second end of the handle into the air chamber (see annotated Fig. 3; [0021]…a plurality of intake apertures 24 that extend therein to intake ambient air from outside of the housing 12…[0022]: The fan 34 directs the ambient air into the housing 12 from outside each of the intake apertures, across the heating element 30 and dispends the warm air outwardly through the opening 20 toward the eyelashes 28 thereby shaping the eyelashes 28).
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Regarding claim 5, Baldini discloses the claimed invention substantially as set forth in claim 1. Baldini further discloses the mascara drying and eyelash lifting device according to claim 1, wherein the air vent (see that the screen 62 has a vent through which warm air is discharged as illustrated in Fig. 7) includes more than one vent aperture (see Figs. 1 and 8; see that the screen 62 has a plurality of openings) through which the fan pushes the air in the first direction (see Fig. 7; [0022]).
Regarding claim 8, Baldini discloses a mascara drying and eyelash lifting device comprising (Figs. 1-8): a handle including a fan (34 Fig. 3) therein disposed at a first end of the device (see annotated Figs. 1 and 3);
an air applicator connected to the handle (see annotated Figs. 1 and 3), the air applicator including:
an air chamber (see annotated Figs. 1 and 3),
an air output channel extending from the air chamber (see annotated Figs. 1 and 3), and
a concave wall extending from the air output channel in a first direction (see annotated Figs. 1 and 3); and
wherein the fan blows air through the handle in the first direction, the air applicator, and at least a portion of the concave wall until the air exits, in the first direction, from a vent aperture at a second end of the air applicator corresponding to a second end of the device (see annotated Figs. 1 and 3, and 5; ; see that element 30 is positioned in the part annotated air chamber (disposed in the annotated air applicator) and [0022] discloses that the fan directs air across the heating element therefore the annotated air chamber receives air from the fan),
wherein a cross-sectional profiled of the second end of the device is shaped as an arc, the cross-sectional profile extending in a plane that extends in a second direction that is orthogonal to the first direction (see annotated Figs. 1, 3 and 8; the first direction as annotated by the examiner is in the direction of element 50 (Fig. 3) and in referencing Fig. 8, it would be a direction pointing out of the page in the z-direction while the second direction would be in the x-direction thus being orthogonal; note: that the embodiment of Fig. 8 is similar to the embodiments of Figs. 1-3 except for the shape of the inner wall 52, and the outer wall 60. The examiner further notes that the rejection is based on the disclosed embodiment in Fig. 8 and other Figs. were referenced for the purpose of clarity and illustration of the various views of the disclosed device that are not readily apparent in Fig. 8 because of the top view orientation of the figure. see annotated Figs. 8; see that the from the top view, the second end is shaped as an arc; and the cross-sectional profile extends in an x-plane (x-direction)
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that extends in the second direction).
Regarding claim 10, Baldini discloses the claimed invention substantially as set forth in claim 8. Baldini further discloses the mascara drying and eyelash lifting device according to claim 8, wherein the vent aperture extends along the concave wall (see that the screen 62 has a vent through which warm air is discharged as illustrated in Fig. 7; see that the vent disposed in screen 62 is along the concavity of the wall as shown in Figs. 1 and 3).
Regarding claim 11, Baldini discloses the claimed invention substantially as set forth in claim 8. Baldini further discloses the mascara drying and eyelash lifting device according to claim 8, wherein the handle (see annotated Fig. 3 and Fig. 3) is cylindrical (see Figs. 3 and 5; [0021]: see that the upper edge of the handle taken along line 5-5 of Fig. 3 is circular and have an internal space 20, and the external surrounding is substantially cylindrical as shown in Figs. 1-5).
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Regarding claim 14, Baldini discloses the claimed invention substantially as set forth in claim 8. Baldini further discloses the mascara drying and eyelash lifting device according to claim 8, wherein the handle (see annotated Figs. 1 and 3 above) includes a power toggle (36 Fig. 3 and annotated Fig. 3) to start the fan (34 Fig. 3; [0027]: … The power switch 36 is turned on wherein the fan 34 begins to spin taking in ambient air from outside of the housing 12…).
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Regarding claim 21, Baldini discloses the claimed invention substantially as set forth in claim 1. Baldini further discloses the mascara drying and eyelash lifting device according to claim 1, wherein the handle (see annotated Fig. 3 and Fig. 3) is cylindrical (see Figs. 3 and 5; [0021]: see that the upper edge of the handle taken along line 5-5 of Fig. 3 is circular and have an internal space 20, and the external surrounding is substantially cylindrical as shown in Figs. 1-5).
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) 2, 6, 13, 16, 17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baldini (US 20190159566 A1) in view of Eun (WO 2021015361 A1).
Regarding claim(s) 2 and 6, Baldini discloses the claimed invention substantially as set forth in claim 1 above. Baldini does not disclose that the mascara drying and eyelash lifting device according to claim 1, further comprising an eyelash pad connected to the air applicator via the wall, wherein the eyelash pad is removably attachable.
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Eun teaches an analogous device (1 Fig. 3) comprising a handle (see annotated Fig. 3); a fan (120; annotated Fig. 3) disposed within the handle, and an air applicator (see annotated Fig. 3) coupled to the handle, the air applicator including: an air output channel (see annotated Fig. 3) and a wall (220; see annotated Fig. 3). Eun further teaches an eyelash pad (200 Fig. 3) connected to the air applicator via the wall (see annotated Fig. 3; see that the annotated wall is disposed into a segment of the annotated air applicator, to connect element 200 to the air applicator), wherein the eyelash pad (200 Fig. 3) is removably attachable (element 200 is detachably coupled to the device via element 220).
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 device of Baldini to be configured such that an eyelash pad is connected to the air applicator via the wall, as taught by Eun, in order to create a device that allows for a user to detachably couple varying eyelash pads to the device (see abstract) to allowing the user the options of eyelash pads with distinct eyebrow contact surfaces.
Regarding claim(s) 13, Baldini discloses the claimed invention substantially as set forth in claim 8 above. Baldini does not disclose that the mascara drying and eyelash lifting device according to claim 8, the air applicator further including an eyelash pad coupled to an end of the air applicator such that the air flows across an upper side of the eyelash pad.
Eun discloses an analogous device (1 Fig. 3), wherein the air applicator (see annotated Fig. 3) further including an eyelash pad (200 Fig. 3) coupled to an end of the air applicator (see annotated Fig. 3) such that the air flows across an upper side of the eyelash pad (see annotated Fig. 3; see the arrows denoting the air flows which comes off across the annotated upper side to which element 213 is disposed).
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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 device of Baldini to be configured such that the air applicator further including an eyelash pad coupled to an end of the air applicator such that the air flows across an upper side of the eyelash pad, as taught by Eun, in order to create a device that allows for a user to detachably couple varying eyelash pads to the device (see abstract) to allowing the user the options of eyelash pads with distinct eyebrow contact surfaces.
Regarding claim(s) 16, Baldini discloses method of using a mascara drying and eyelash lifting device, the method comprising steps of:
applying mascara to eyelashes ([0027]: In use, the assembly 10 is used to shape a person's eyelashes 28 after the person 66 has applied mascara to the person's eyelashes 28…);
holding the mascara drying and eyelash lifting device up to the eyelashes (see Fig. 7);
turning on air flow by toggling a power toggle on the mascara drying and eyelash lifting device ([0027]: The power switch 36 is turned on wherein the fan 34 begins to spin taking in ambient air from outside of the housing 12…);
wherein the mascara drying and eyelash lifting device is configured such that the air flow flows in a continuous direction so as to pass through a vent at the concave wall across the eyelashes and not towards an eye of a user (see Fig. 7; see that the warm air is upwards towards the eyelashes 28 and not toward the eye of a user. [0027]: The temperature of the heating element 30 is selected such that the fan 34 blows the ambient air across the heating element 30 to define warm air. The outlet aperture 50 is positioned below the person's eyelashes 28 such that the warm air exits the housing 12 upwardly towards the eyelashes 28 such that the warm air strikes the eyelashes 28 to shape the eyelashes 28…). Baldini does not disclose that the method of holding the mascara drying and eyelash lifting device up to the eyelashes is by pressing a concave wall of the device against the eyelashes so as to lift and displace the eyelashes upwardly by the contact with the concave wall; holding the mascara drying and eyelash lifting device in place for a predetermined amount of time; and that the air flow flows through an entirety of the device in a continuous direction.
Eun discloses an analogous method of using a mascara drying and eyelash lifting device (Figs. 2 and 3 depicts an eyelash drier device (1)), the method comprising a step of holding the mascara drying and eyelash lifting device up to the eyelashes (B Fig. 7) is by pressing a concave wall (see annotated Fig. 7) of the device against the eyelashes so as to lift and displace the eyelashes upwardly by the contact with the concave wall (see annotated Fig. 7; see that the concave wall presses the eyelash B upwardly); holding the mascara drying and eyelash lifting device in place for a predetermined amount of time (paragraph 116: element 230 (a part of element 200 of the device is maintained on the eyelash for about 20 secs); and that the air flow flows through an entirety of the device in a continuous direction (see Fig. 3: the airflow directed from the fan 120 flows from the end wherein the fan is disposed to element 200 as depicted by the airflow arrow thus, showing that the airflow flows in a continuous direction
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through the whole device).
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 method of Baldini to be configured to comprise a step of holding the mascara drying and eyelash lifting device up to the eyelashes by pressing a concave wall of the device against the eyelashes so as to lift and displace the eyelashes upwardly by the contact with the concave wall; holding the mascara drying and eyelash lifting device in place for a predetermined amount of time; and that the air flow flows through an entirety of the device in a continuous direction, as taught by Eun, in order to provide a means to hold the eyelashes in any desired position during the drying process thus effectively curling the eyelashes.
Regarding claim(s) 17, Baldini as modified by Eun discloses method of using a mascara drying and eyelash lifting device as set forth in claim 16. Baldini further discloses the method of using a mascara drying and eyelash lifting device, further comprising a step of turning off power to the mascara drying and eyelash lifting device ([0023]: …the power switch 36 turns the motor 32 on and off… [0027]:…Baldini discloses a step of turning on the power switch 36, wherein the fan 34 begins to spin… when a user is done using the device, it is obvious that the power switch, which is the only power switch provided on the device, will be operated again to control stop power to be supplied to the motor, thus powering off the device).
Regarding claim(s) 19, Baldini as modified by Eun discloses method of using a mascara drying and eyelash lifting device as set forth in claim 16. Baldini further discloses the method according to claim 16, further comprising a step of providing the mascara drying and eyelash lifting device (Figs. 1-8), which includes:
a handle at a first end of the device (see annotated Figs. 1 and 3);
a fan (34 Figs. 1 and 3) disposed within the handle (see annotated Figs. 1 and 3), the fan positioned to move air in a first direction (a first direction as interpreted by the examiner is a direction towards element 30 and 50 as best illustrated in annotated Figs. 1 and 3; [0022]: the fan 34 directs the ambient air across the heating element 30 and dispends the warm air outwardly through the opening 20 toward the eyelashes 28 (see Fig. 5 and [0021])); and
an air applicator coupled to the handle (see annotated Figs. 1 and 3), the air applicator including:
an air chamber to receive air from the fan (see annotated Figs. 1 and 3; see that element 30 is positioned in the part annotated air chamber and [0022] discloses that the fan directs air across the heating element therefore the annotated air chamber receives air from the fan),
an air output channel extending away from the air chamber (see annotated Figs. 1 and 3),
the concave wall extending from the air output channel in the first direction (see annotated Figs. 1 and 3), the concave wall defined, at least in part, by:
a length that extends in the first direction from the air output channel to a second end of the device, which is opposite the first end of the device (see annotated Figs. 1 and 3), and
a concave arc of curvature that extends in a second direction that is orthogonal to the first direction (see annotated Figs. 1, 3 and 8; the first direction as annotated by the examiner is in the direction of element 50 (Fig. 3) and in referencing Fig. 8, it would be a direction pointing out of the page in the z-direction while the second direction would be in the x-direction thus being orthogonal; note: that the embodiment of Fig. 8 is similar to the embodiments of Figs. 1-3 except for the shape of the inner wall 52, and the outer wall 60. The examiner further notes that the rejection is based on the disclosed embodiment in Fig. 8 and other Figs. were referenced for the purpose of clarity and illustration of the various views of the disclosed device that are not readily apparent in Fig. 8 because of the top view orientation of the figure. ), such that a cross-sectional profile of the second end of the device is shaped as an arc, where the cross-sectional profile extends in a plane that extends in the second direction (see annotated Figs. 8; see that the from the top view, the second end is shaped as an arc; and the cross-sectional profile extends in an x-plane (x-direction) that extends in the second direction), and
the vent (see that the screen 62 has a vent through which warm air is discharged as illustrated in Fig. 7) extending along the concave wall in the concave arc of curvature (see that the vent disposed in screen 62 is along the concavity of the wall as shown in Figs. 1 and 3), whereby the air passes out of the air applicator in the first direction along and from the vent (see Fig. 7),
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wherein the step of turning on air flow causes the fan to blow air through the handle and the air applicator across the concave wall from the vent (See Fig. 7 and [0027]; when the fan is turned on via element 36, it directs air drawn in through element 24 to element 30 which is disposed in the annotated air applicator (see annotated Figs. 1 and 3) and across the concave wall (see annotated Figs. 1 and 3) as best illustrated in Fig. 7 showing the warm air reaching the eyelashes, 28).
Regarding claim(s) 20, Baldini as modified by Eun discloses method of using a mascara drying and eyelash lifting device as set forth in claim 16. Baldini does not disclose the method according to claim 16, wherein the predetermined amount of time ranges from 1 second to 30 seconds.
Eun further teaches an analogous method, wherein the predetermined amount of time ranges from 1 second to 30 seconds (paragraph 116: element 230 (a part of element 200 of the device is maintained on the eyelash for about 20 secs).
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 method of Baldini to be configured to comprise a step wherein the predetermined amount of time ranges from 1 second to 30 seconds, as taught by Eun, in order to provide an operation time that would allow the eyelashes to be effectively dried and the desired curling style fixed without continued exposure of the eyelashes to the warm air.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baldini (US 20190159566 A1) in view of Sa Dong (KR 20160006510 A).
Baldini discloses the claimed invention substantially as set forth in claim 8 above. Baldini does not disclose the mascara drying and eyelash lifting device wherein the air applicator includes a viewing window.
Sa Dong teaches an eyelash curler wherein the air applicator (30 Fig. 8; element 30 is a removable eyelash processing unit) includes a viewing window (see Fig. 8; the opening in element 30 allows for an unobstructed view through the device as the eye of the user can be observed in Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Baldini to be configured wherein the air applicator includes a viewing window, as taught by Sa Dong, in order to create a device with a viewing window allowing for an unobstructed view when the device is in use especially during a self-application process.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baldini (US 20190159566 A1) in view of Eun (US 20140251366 A1).
Baldini discloses the claimed invention substantially as set forth in claim 8. Baldini further discloses the mascara drying and eyelash lifting device according to claim 8, wherein the device dries mascara on eyelashes ([0027]: The outlet aperture 50 is positioned below the person's eyelashes 28 such that the warm air exits the housing 12 upwardly towards the eyelashes 28 such that the warm air strikes the eyelashes 28 to shape the eyelashes 28. It is the examiner’s interpretation that the term “shape the eyelashes” means that the eyelash takes the conformation of the mascara as applied to the eyelashes thus adding more texture to the eyelashes). Baldini does not disclose that the device dries mascara on eyelashes while simultaneously causing the eyelashes to be lifted due to pressure applied to the eyelashes via the concave wall.
Eun teaches an analogous device (10 Fig. 1) comprising a handle (11 Fig. 1), an air applicator connected to the handle (see annotated Fig. 1), the air applicator including: a concave
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wall (40; see annotated Fig. 1). Eun further teaches that the device dries mascara while simultaneously causing the eyelashes to be lifted due to pressure applied to the eyelashes via the curved wall (40; see annotated Fig. 1) (see Fig. 6; [0037]: the eyelashes are pushed upward for curling thus pressure being applied to the eyelashes via the brush elements of the concave wall, 40).
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 device of Baldini to be configured such that the device dries mascara on eyelashes while simultaneously causing the eyelashes to be lifted due to pressure applied to the eyelashes via the concave wall, as taught by Eun, in order to provide a means to hold the eyelashes in any desired position during the drying process thus effectively curling the eyelashes.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baldini (US 20190159566 A1) in view of Gonzalez et al. (US 20180000216 A1).
Regarding claim 15, Baldini discloses the claimed invention substantially as set forth in claim 8 above. Baldini does not disclose that the handle includes a setting toggle to alter timing of the device once powered on.
Gonzalez et al. teaches an analogous device (10 Fig. 1) wherein the handle (12 Fig. 1) includes a settings toggle (18 Fig. 1; [0030]) to alter timing of the device once powered on ([0035]: the multi-function actuator 18 shown in FIGS. 1-3 is also ergonomically positioned for easily accessible manipulation and actuation with the user's thumb. This may make it easier for a user to select one or more hair appliance variables, adjust a setting of one or more hair appliance variables, and/or control the hair styling appliance in accordance with one or more hair appliance settings, while using the hair styling appliance. In some cases, the ergonomic positioning of the multi-function actuator 18 may enable the user to easily set, adjust and/or use one or more hair appliance settings during the act of styling one's hair).
It would have been obvious to one of ordinary skill in the art before the effectively filing date of the claimed invention to modify the device of Baldini to be configured with a handle including a setting toggle to alter timing of the device once powered on, as taught by Gonzalez et al., in order to create a device with a setting toggle included in the handle to enable ease of use and enable user to easily set, adjust and/or use one or more settings of the device when in use.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baldini (US 20190159566 A1) in view of Eun (WO 2021015361 A1) and further in view of Gonzalez et al. (US 20180000216 A1).
Baldini as modified by Eun discloses method of using a mascara drying and eyelash lifting device as set forth in claim 16. Baldini does not disclose the method according to claim 16, further comprising a step of setting a timer setting via a setting toggle.
Gonzalez et al. teaches a method of use of an analogous device including a step of setting a timer setting via a setting toggle (18 Fig. 1) ([0037]: the multi-function actuator 18 depicted in FIGS. 1-3 may be used to select, adjust and/or use various temperature and time settings for controlling the operation of the curling iron 10 depicted in FIGS. 1-3).
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 method of using a mascara drying and eyelash lifting device disclosed by Baldini/Eun to include a step of setting a timer setting via a setting toggle as taught by Gonzalez et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a method of use that would enable the user to set desired timer settings for controlling the operation of the device depending on the user's styling needs as suggested by Gonzalez et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIEMERIE C AZUBUOGU whose telephone number is (571)272-0664. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00PM.
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, Eric Rosen can be reached at (571)270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A./Patent Examiner, Art Unit 3772
/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
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