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 .
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.
(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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakajima (JP 2018126873 A, see translation attached).
Regarding claim 1, Nakajima discloses a cosmetic applicator (¶ [0063]), comprising:
a collector core (item 16, figure 1) configured to guide a cosmetic liquid from a liquid storage portion (item 12, figure 1) to an application portion (item 14, figure 1) (¶ [0016]);
a collector (item 18, figure 1) configured to temporarily retain the cosmetic liquid (¶ [0016]), the collector being penetrated by the collector core (¶ [0022]);
and a cosmetic liquid holding portion provided in the collector (item 18c, figure 4);
wherein the cosmetic liquid holding portion is formed with a space configured to hold the cosmetic liquid (¶ [0040]), and the cosmetic liquid held in the cosmetic liquid holding portion contacts the collector core (¶ [0043]).
Regarding claim 2, Nakajima discloses the cosmetic applicator according to claim 1, wherein the cosmetic liquid holding portion includes a space formed as a recess in a cross-sectional view (item 18c, figure 4);
and the space formed as a recess in a cross-sectional view is configured to hold the cosmetic liquid (¶ [0039]);
is formed in a rear portion of the collector (figure 4; ¶ [0040]);
and contacts the collector core (figure 5; ¶ [0039]).
Regarding claim 3, Nakajima discloses the cosmetic applicator according to claim 1, wherein the cosmetic liquid holding portion is configured to hold the cosmetic liquid in a space between sheet bodies provided at a front portion or a center portion of the collector (items 18a and 18b, figure 4; ¶ [0035] – [0038]);
and the space between the sheet bodies contacts the collector core (item 18f, figure 4).
Regarding claims 4 and 5, Nakajima discloses the cosmetic applicator, wherein the cosmetic liquid holding portion is integrally formed with the collector (figure 4; ¶ [0022]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art.
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/NOAH JACOB ARIF/Examiner, Art Unit 3754
/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 July 31, 2026
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