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 .
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) 21-23 and 33-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lotti (WO 2018/119034) in view of Litton (US D386,808).
Lotti discloses an applicator comprising a first arm (502); a second arm (502b) connected to the first arm at a base (504); wherein the first arm comprises a first distal tip opposite the base and the second arm comprises a second distal tip opposite the base; wherein the first distal tip and the second distal tip (506) are biased away from one another; wherein the first arm comprises a first grip portion between the base and the first distal tip; a first bottom concave portion on an underside of the first arm and positioned between the first grip portion and the first distal tip; a first knuckle formed on a top side of the first arm at a first position opposite the first bottom concave portion; a first top concave portion formed on the top side of the first arm and extending from the first knuckle to a second position between the first knuckle and the base; a second top concave portion formed on the top side of the first arm and extending from the first knuckle to the first distal tip; and a first planar inner surface extending from the first distal tip to an intersection of the first arm and the second arm at the base; and wherein the second arm comprises: a second grip portion between the base and the second distal tip; a second bottom concave portion on an underside of the second arm and positioned between the second grip portion and the second distal tip; a second knuckle formed on a top side of the second arm at a third position opposite the second bottom concave portion; a third top concave portion formed on the top side of the second arm and extending from the second knuckle to a fourth position between the second knuckle and the base; a fourth top concave portion formed on the top side of the second arm and extending from the second knuckle to the second distal tip; and a second planar inner surface extending from the second distal tip to the intersection of the first arm and the second arm at the base the intersection of the first arm and the second arm at the base is a distal end portion of the base, the base extending from the distal end portion to a proximal end portion. (see Figure below). Lotti does not disclose a top side of the base from the distal end portion to the proximal end portion comprising two surfaces extending parallel to one another along a common plane. Litton teaches a tweezer wherein the base from the distal end portion to the proximal end portion comprises two surfaces extending parallel to one another along a common plane (Fig. 1 and 4). It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the base of Lotti be made from two surfaces extending parallel to one another as taught by Litton, since it has been held that construction a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 169, USPQ 177, 179. In this instance case, both bases are formed to create a pivot point for the tweezer to be able to close with pressing and opening upon release.
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Claim 22, the second position (510) is between the first knuckle and the first grip portion and wherein the fourth position (510) is between the second knuckle and the second grip portion (see Figure 5a).
Claim 23, the first grip portion is flat on the top of the first arm and on the underside of the first arm and wherein the second grip portion is flat on the top of the second arm and on the underside of the second arm (see Figure 5A).
Claim 33, the first grip portion and the second grip portion each comprise grooves on outer surfaces thereof (paragraph 46).
Claim 34, the system comprising a plurality of eyelash extensions (Figure 2); and the applicator of claim 21, wherein the applicator is configured to grip the eyelash extensions and position the eyelash extensions on natural lashes (Figure 6a).
Claim 35, further comprising a polymer-based adhesive configured to bind the plurality of eyelash extensions to the natural lashes, wherein the adhesive is water insoluble; and an oil-based remover, wherein the polymer-based adhesive is soluble in the oil-based remover (paragraphs 30-32).
Claim 36, a method of applying artificial eyelashes to natural lashes of a user, comprising: applying adhesive to an upper surface of the artificial eyelashes and/or an underside of the natural lashes; grasping the artificial eyelashes between the first planar inner surface and the second planar inner surface of the applicator of claim 21; and using the applicator, contacting the upper surface of artificial eyelashes with the underside of the natural lashes to attach the artificial eyelashes to the natural lashes via the first adhesive (paragraph 19-20, 29, 39).
Claim(s) 24-26 and 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lotti (WO 2018/119034) in view of Litton (US D386,808) as applied to claims 21-23 and 33-36 above, and further in view of Ross (US 2009/0131977).
Lotti and Litton discloses the claimed invention except for a tool affixed to the proximal end of the base wherein the tool comprises a comb having a plurality of teeth extending toward an underside of the applicator. Ross discloses an applicator (10) wherein the applicator is used for hair care and comprises a tool (20) affixed to the proximal end of the base (26) wherein the tool comprises a comb (16) having a plurality of teeth extending toward an underside of the applicator (paragraph 19). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the applicator of Lotti be made with a removable tool such as a comb as taught by Ross to further aid in hair care maintenance.
Claim(s) 24, 27-29, and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lotti (WO 2018/119034) in view of Litton (US D386,808) as applied to claims 21-23 and 33-36 above, and further in view of Lim (US 2013/0199556).
Lotti and Litton disclose the claimed invention except for a tool affixed to the proximal end of the base wherein the tool comprises a silicone pusher, having a tapered end opposite the proximal end of the base wherein the tapered end tapers from an underside of the silicone pusher towards a top of the silicone pusher. Lim discloses an applicator (120) wherein the applicator is used for hair care and comprises a tool (112) affixed to the proximal end of the base wherein the tool comprises a rubber pusher (Figure 2b; paragraph 23) having a tapered end (104) opposite the proximal end of the base wherein the tapered end tapers from an underside of the silicone pusher towards a top of the silicone pusher (see Figure 2b)). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the applicator of Lotti be made with a removable tool such as a rubber pusher as taught by Lim to further aid in hair care maintenance. It further would have been obvious to one having ordinary skill in the art before the effective filing date to have the rubber be silicone, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claim(s) 30-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lotti (WO 2018/119034) in view of Litton (US D386,808) as applied to claims 21-23 and 33-36 above, and further in view of Lotti et al. (US D814,107).
Lotti and Litton disclose the claimed invention except for wherein the first grip portion comprises a first outer surface opposite the first planar inner surface; wherein the first outer surface comprises a first planar middle portion, a first rounded portion between the first planar middle portion and the top of the first arm, and a second rounded portion between the first planar middle portion and the underside of the first arm; wherein the second grip portion comprises a second outer surface opposite the second planar inner surface; and wherein the second outer surface comprises a second planar middle portion, a third rounded portion between the second planar middle portion and the top of the second arm, and a fourth rounded portion between the second planar middle portion and the underside of the second arm. Lotti et al. teaches essentially the claimed invention but has views in Figures 6 and 7 that teach the first grip portion comprises a first outer surface opposite the first planar inner surface; wherein the first outer surface comprises a first planar middle portion, a first rounded portion between the first planar middle portion and the top of the first arm, and a second rounded portion between the first planar middle portion and the underside of the first arm; wherein the second grip portion comprises a second outer surface opposite the second planar inner surface; and wherein the second outer surface comprises a second planar middle portion, a third rounded portion between the second planar middle portion and the top of the second arm, and a fourth rounded portion between the second planar middle portion and the underside of the second arm (see Figure below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date to have the first and second grip portions of Lotti ‘034 be made with rounded portions as taught by Lotti ‘107 to allow for a more ergonomical hold. Regarding claim 31, Lotti ‘034; discloses the applicator comprises a third outer surface opposite the first planar surface at the second top concave portion, the third outer surface being concave from the top of the first arm to the underside of the first arm; and wherein the applicator comprises a fourth outer surface opposite the second planar surface at the fourth top concave portion, the fourth outer surface being concave from the top of the second arm to the underside of the second arm. the applicator comprises a third outer surface opposite the first planar surface at the second top concave portion, the third outer surface being concave from the top of the first arm to the underside of the first arm; and wherein the applicator comprises a fourth outer surface opposite the second planar surface at the fourth top concave portion, the fourth outer surface being concave from the top of the second arm to the underside of the second arm (see Figure below).
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Regarding claim 32, Lotti ‘034 discloses the first planar middle portion and the second planar middle portion each comprise surface roughness (paragraph 46).
Response to Arguments
Applicant’s arguments filed 5/4/2026 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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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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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
5/18/2026
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