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 § 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.
Claim(s) 1-4, 7-8, 11-13, and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sung et al. (US 2022/0395067).
Regarding claim 1, Sung et al. disclose a multifunctional cosmetic brush, comprising a comb (126), an outer lid (114), and an application assembly (114, 142), wherein the comb is fixedly provided on the outer lid (see Figure 7B; paragraph 54); the application assembly is fixedly provided on the outer lid; the comb (126) comprises a comb tooth; the comb tooth comprises a first root portion (portion attached to the lid 114) and a first end portion (i.e. free end); the first root portion is fixedly provided on the outer lid (see Figure 7B); the first end portion extends outward from the outer lid along an axial direction (defined as having the characteristics of an axis, therefore, a linear or perpendicular axis meets the limitation of axial direction) of the outer lid (see Figure 7B); and the first end portion is a free end.
Regarding claim 2, wherein the comb (126) comprises a plurality of comb teeth; and the plurality of comb teeth are arranged along a radial direction (defined as a direction that emanates from a central point and moves outward in a straight line) of the outer lid (see Figure 7B).
Regarding claims 3 and 18, the plurality of comb teeth (126) is arranged linearly (see Figure 7B).
Regarding claims 4 and 19, the comb (126) further comprises at least two supporting teeth; and the at least two supporting teeth each are adjacent to at least one comb tooth (see Figure 7B).
Regarding claim 7, a material of the comb comprises a rigid plastic material, a metal material or a metal alloy material (paragraph 44).
Regarding claims 8, 11-13, and 16, the outer lid comprises a binding portion (near 114), a connecting portion (portion above 114), and a mounting portion (portion between claim 126 and brush 124); the comb is fixedly provided on the mounting portion; two ends of the connecting portion are respectively fixedly connected to the binding portion and the mounting portion; and a thickness T1 of the binding portion is greater than a thickness T2 of the mounting portion (see Figure 7B).
Claim(s) 1-4, 7, 9, 10, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seaver (US 3,073,320).
Regarding claim 1, Seaver discloses a multifunctional cosmetic brush, comprising a comb (14), an outer lid (16), and an application assembly (17, 18), wherein the comb is fixedly provided on the outer lid (see Figure 1; col. 2, lines 5-10); the application assembly is fixedly provided on the outer lid; the comb (14) comprises a comb tooth; the comb tooth comprises a first root portion and a first end portion (i.e. free end); the first root portion is fixedly provided on the outer lid (see Figure 3); the first end portion extends outward from the outer lid along an axial direction (defined as having the characteristics of an axis, therefore, a linear or perpendicular axis meets the limitation of axial direction) of the outer lid (see Figures 1-3); and the first end portion is a free end.
Regarding claims 2 and 17, wherein the comb (14) comprises a plurality of comb teeth; and the plurality of comb teeth are arranged along a radial direction (defined as a direction that emanates from a central point and moves outward in a straight line) of the outer lid (see Figure 1).
Regarding claims 3 and 18, the plurality of comb teeth (14) is arranged in an arc shape (see Figure 1).
Regarding claims 4 and 19, the comb (14) further comprises at least two supporting teeth; and the at least two supporting teeth each are adjacent to at least one comb tooth (see Figure 1).
Regarding claim 7, a material of the comb comprises a rigid plastic material, a metal material or a metal alloy material (col. 2, lines 1-25).
Regarding claim 9, further comprising a bottle assembly, wherein the outer lid removably covers the bottle assembly (see Figure 1); the application assembly is located in the bottle assembly; the bottle assembly comprises a bottle (19) and an inner stopper (12) provided at a bottle mouth of the bottle; and a scraping member is provided on the inner stopper (23).
Regarding claim 10, a top lid (15), wherein the top lid removably covers the outer lid to seal the comb; and the top lid and the outer lid are clamped and fixed (see Figure 1).
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) 5, 14, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung et al. (US 2022/0395067) in view of Kimura et al. (US 7,350,524).
Sung et al. discloses the claimed invention except for a length of the supporting tooth protruded from the outer lid is a first length; a length of the comb tooth protruded from the outer lid is a second length; and the first length is greater than the second length. Kimura et al. teaches comb having a length of the supporting tooth (40) protruded from the outer lid is a first length; a length of the comb tooth (41) protruded from the outer lid is a second length; and the first length is greater than the second length (see Figure 1; col. 5, lines 50-52). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the supporting comb length of Sung et al. be greater than the second length as taught by Kimura et al. to allow for a parting comb tooth.
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung et al. (US 2022/0395067) in view of Chininis et al. (US 2015/0136163).
Sung et al. disclose the claimed invention except for the second end portion is an arc-shaped structure. Chininis et al. teach a comb with the second end portion being an arc-shaped structure to allow for greater movement and flexibility (see Figures 1 and 2; abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the comb second end portion of Sung et al. be made with an arc shape as taught by Chininis to allow for greater flexibility of the comb tooth.
Claim(s) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seaver (US 3,073,320) in view of Kimura et al. (US 7,350,524).
Seaver discloses the claimed invention except for a length of the supporting tooth protruded from the outer lid is a first length; a length of the comb tooth protruded from the outer lid is a second length; and the first length is greater than the second length. Kimura et al. teaches a comb having a length of the supporting tooth (40) protruded from the outer lid with a first length; a length of the comb tooth (41) protruded from the outer lid with a second length; and the first length is greater than the second length (see Figure 1; col. 5, lines 50-52). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the supporting comb length of Seaver be greater than the second length as taught by Kimura et al. to allow for a parting comb tooth.
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seaver (US 3,073,320) in view of Chininis et al. (US 2015/0136163).
Seaver discloses the claimed invention except for the second end portion is an arc-shaped structure. Chininis et al. teach a comb with the second end portion being an arc-shaped structure to allow for greater movement and flexibility (see Figures 1 and 2; abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the comb second end portion of Seaver be made with an arc shape as taught by Chininis to allow for greater flexibility of the comb tooth.
Conclusion
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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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772 2/9/2026