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 Amendment
The amendments filed on March 18, 2026, have been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 1 line 4 , the term “smooth outer surface” is a relative term which renders the claim indefinite. The smoothness of the surface implies comparison to a previous state or a specific baseline of the surface. In this instance, the specification does not provide a standard for ascertaining the requisite degree of smoothness, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, the claim will be interpreted by “wherein the rubber head has an outer surface”. Applicant is recommended to clarify to overcome this issue.
Claims 2-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for their dependence on one or more rejected base claims.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1 line 4, the claim recites “non-absorbent” which is not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention. ¶0006 of the specification discloses “On one hand, as the rubber head is smooth and soft, it is not likely to absorb the makeup when taking the liquid or cream cosmetics, and it can be cleaned by wiping with water,”. The term “not likely to absorb” does not provide support for “the rubber head is a non-absorbent” and the specification does not disclose that the rubber head is non-absorbent. For examination purposes, the claim will be interpreted by “a handle; a rubber head for taking and applying a makeup, wherein the rubber head has an outer surface and configured to be non-absorbent to the makeup when taking and applying liquid or cream cosmetics; and bristles for spreading the makeup; wherein the rubber head and the bristles are connected to the same end of the handle.”. Applicant is recommended to clarify to overcome this issue.
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.
Claims 1-2, and 6-9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Ajootian (US9642441B1, hereinafter “Ajootian”).
Claim 1. Ajootian discloses a makeup brush (abstract and Fig 1-8), comprising: a handle (Fig 1, 160 and 180); a rubber head (Fig 1, 120 and Col 5 lines 7-15) for taking and applying a makeup (Col 4 lines 46-53. Rubber head 120 is capable to take and apply cosmetic makeup); and bristles (Fig 1, 140 and Col 5 lines 36-37) for spreading the makeup (Col 5 lines 16-18. Bristles 140 are capable to spread makeup); wherein the rubber head and the bristles are connected to the same end of the handle (Fig 1); wherein the rubber head (120) has an outer surface (Fig 1) and configured to be non-absorbent to the makeup when taking and applying liquid or cream cosmetics (the rubber head 120 is capable to be non-absorbent to the makeup when taking and applying liquid or cream cosmetics since 120 is made of rubber material).
Claim 2. Ajootian discloses the invention of claim 1. Ajootian further discloses wherein the handle comprises a handle body (handle body of handle 160 and 180); an end of the handle body is provided with an accommodating cavity (Fig 3, central bore 362); and a first end of the rubber head and a first end of each of the bristles are embedded in the accommodating cavity, and are fastened to the handle body (Fig 1 and Fig 3-4).
Claim 6. Ajootian discloses the invention of claim 1. Ajootian further discloses a second end of the rubber head (annotated Fig 1, B) is provided with an applying surface; and a side of the applying surface away from the bristles is inclined towards the handle body (annotated Fig 1, C).
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Claim 7. Ajootian discloses the invention of claim 6. Ajootian further discloses the applying surface is flat ( Fig 1).
Claim 8. Ajootian discloses the invention of claim 1. Ajootian further discloses a height of a portion of the bristles away from the rubber head (annotated Fig 1, height H1) is greater than a height of a portion of the bristles (annotated Fig 1, height H2) close to the rubber head (annotated Fig 1, height H1 of the bristles away from rubber head 120 is greater than height H2 of the bristles closer to rubber head 120).
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Claim 9. Ajootian discloses the invention of claim 8. Ajootian further discloses edges of the bristles are straight (Fig 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.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ajootian (US9642441B1, hereinafter “Ajootian”) in view of Silver et al (US20220218094A1, hereinafter “Silver”).
Claim 3. Ajootian discloses the invention of claim 2, but silent to the handle further comprises a base; and the base comprises at least one flat surface to which at least one of the first end of the rubber head and the first end of each of the bristles is adhesively bonded.
Silver teaches an apparatus for applying makeup (abstract and Fig 1-14C) including a handle (handle 36 of applicator 30) with an accommodating cavity (Fig 2A and Fig 2C) with base (Fig 2A and Fig 2C, partition wall 29) comprises at least one flat surface (Fig 2A and Fig 2C. Flat surface of partition wall 29) to which at least one of the first end the bristles or sponges is adhesively bonded (Fig 3A and ¶0056) so that sponges are affixed to the interchangeable head 20 by, for example, an adhesive applied between a surface of the sponge and a surface of the engagement wall 26 and/or head partition 29. Although persons skilled in the art will appreciate that a number of different types of adhesives may be used, the adhesive should securely attach the sponge to the head 20 and preferably be non-toxic to the skin (¶0056).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the accommodating cavity inside the handle body of Ajootian’s makeup brush and incorporate a base with an adhesive, as taught by Silver, to provide an efficient secure attachment of the makeup brush head inside the handle in order to meet the user’s needs and preferences.
Claim 4. The combination of Ajootian and Silver teach the invention of claim 3. Silver further teaches the base (29) is embedded in the accommodating cavity (Fig 2A and Fig 3C), but silent to detachably connected to the handle body.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the base detachably connected to the handle body, since it had been held that constructing a formerly integral structure in various elements involves only routine skill. In this instance, making the base detachably connected to the handle body would allow the user to disassemble the brush body to efficiently wash and clean it allowing better maintenance, prevent buildup of cosmetic residue and bacteria.
Claim 5. The combination of Ajootian and Silver teach the invention of claim 4, and further teach the first end of the rubber head and the first end of each of the bristles are adhesively bonded to the base, and embedded in the accommodating cavity (Ajootian teaches the first end of rubber head and the first end of each of the bristles are embedded in the accommodating cavity as shown in Fig 1 and Fig 3; Silver teaches bristles are adhesively bonded to the base 29, see Fig 3A and ¶0056).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ajootian (US9642441B1, hereinafter “Ajootian”) in view of Park Hyun Jin (KR20160136918A, hereinafter “Park”).
Claim 10. Ajootian discloses the invention of claim 9, but silent to a height of a portion of the rubber head abutting the bristles is equal to a height of a portion of the bristles abutting the rubber head.
Park teaches a cosmetic brush (¶0001 and Fig 1-6) including a handle (Fig 5-6, handle 210), an adhesive (adhesive 1) attaching rubber head (Fig 5-6, 121) (¶0020) and bristles (Fig 5, 223), a height of a portion of the rubber head abutting the bristles is equal to a height of a portion of the bristles abutting the rubber head (annotated Fig 5, A) to apply the makeup evenly to the face by first applying the cosmetic evenly to the face using a brush hair, and then pressing the evenly smeared cosmetic using a sponge (¶0011), to efficiently clean the makeup brush and prevent unwanted buildup of cosmetic residue, and provide an aesthetic appearance of the brush to meet the user’s needs and preferences.
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It would have been obvious to one having ordinary skill in the art before the effective filing date to modify a height of a portion of the rubber head abutting the bristles to be equal to a height of a portion of the bristles abutting the rubber head of Ajootian’s makeup brush, as taught by Park, to apply the makeup evenly to the face by first applying the cosmetic evenly to the face using a brush hair, and then pressing the evenly smeared cosmetic using a sponge, to efficiently clean the makeup brush and prevent unwanted buildup of cosmetic residue between the heads of the brush, and provide an aesthetic appearance of the brush to meet the user’s needs and preferences.
Response to Arguments
Applicant's arguments filed March 18, 2026, have been fully considered but they are not persuasive.
Applicant’s remark and argument: The Applicant alleges that Ajootian reference does not disclose the newly amended feature of “smooth outer surface”, “non-absorbent to the makeup, liquid or cream cosmetics”.
In response, The Examiner disagree with the Applicant’s assertion. As discussed above, the newly amended claim 1 has being interpreted by “wherein the rubber head has an outer surface and configured to be non-absorbent to the makeup when taking and applying liquid or cream cosmetics. Ajootian discloses wherein the rubber head (120) has an outer surface (Fig 1) and configured to be non-absorbent to the makeup when taking and applying liquid or cream cosmetics (the rubber head 120 is capable to be non-absorbent to the makeup when taking and applying liquid or cream cosmetics since head 120 is made of rubber material).
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIM ASQIRIBA whose telephone number is (571)270-3416. The examiner can normally be reached on M-F 8-5 pm.
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 on 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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/KARIM ASQIRIBA/Examiner, Art Unit 3772
/RACHEL R STEITZ/Primary Examiner, Art Unit 3772