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 Objections
Claim 18 is objected to because of the following informalities: Claim 18 is missing a period at the end. Appropriate correction is required.
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.
Claims 1-18 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 4 states “a rod/cap element” it is unclear if applicant is claiming “a rod element and a cap element” or “a rod element or cap element”. It will be examined as a rod element and cap element.
Claim 3, line 2, states “a rod/cap element” it is unclear if applicant is claiming “a rod element and a cap element” or “a rod element or cap element”. It will be examined as a rod element and cap element.
Claim 11, states “at least some of the bristles of the second row project through the core” it is unclear how the bristles project through the core, it appears they project from the core.
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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sanchez (WO 2014/155287).
Regarding claim 1, Sanchez discloses a method for manufacturing a cosmetic product applicator assembly comprising the following steps formation of a rod/cap element (9) and a brush (10) using a two-material manufacturing technique (page 4, lines 1-15), the rod/cap element (9) including a skirt (connection of rod 8 to cap 9) adapted to cooperate with a neck (5) of a bottle (2) and a rod (8) extending from the skirt and having a second end opposite the skirt (8 distal end), the second end and the brush (10) being formed in one piece (page 4, line 1), the brush (10) including a core (14) and at least one first row of bristles (12) extending from the core, wherein the rod/cap element (9) and the brush (10) are respectively made of first and second polymer materials different from each other and compatible with each other in terms of recycling (col. 3, lines 20-26; in regards to recycling thermoplastic materials are recyclable), the rod/cap element (9) and the brush (10) form the cosmetic product applicator assembly (Fig. 1-5).
Regarding claim 2, wherein the rod (8) includes at its second end a tensioner (11) and the core (14) extends at least in part around the tensioner (11) (Fig. 3, 4 and 11).
Regarding claim 3, Sanchez discloses a cosmetic product applicator assembly including a rod/cap element (9) and a brush, (10) wherein the rod/cap element (9) includes a skirt (connection of rod 8 to cap 9) adapted to cooperate with a neck (5) of a bottle (2) and a rod (8) extending from the skirt and having a second end (8 distal end), the second end and the brush (10) being formed in one piece with the second end housed at least in part in the brush, the brush including a core (14) and at least one first row of bristles (12) extending from the core (Fig. 11), the rod/cap element (9) and the brush (10) respectively consisting of first and second polymer materials different from each other and compatible with each other in terms of recycling (page 4, lines 1-15).
Regarding claim 4, wherein the second end includes at least one recess in the brush (16) (Fig. 7).
Regarding claim 5, wherein the rod (8) includes, as the second end, a tensioner (11) and wherein the core (14) extends at least in part around the tensioner (Fig. 11).
Regarding claim 6, wherein the core (14) has a varying radial thickness around the tensioner (11) over at least a part of its length (Fig. 8).
Regarding claim 7, wherein the tensioner (11) extends along a longitudinal axis of the rod (8) and has over at least a part of its length a reinforcing portion (13) in at least one radial direction relative to said longitudinal axis (Fig. 7).
Regarding claim 8, wherein the reinforcing portion (13) has a section varying along the longitudinal axis (Fig. 7).
Regarding claim 9, wherein the tensioner (11) further includes at least one second reinforcing portion (the letter S can be considered the second where the shape is the first) extending in at least one other radial direction relative to said longitudinal axis, the tensioner (11) preferably including a third reinforcing portion (the letter T) extending in a radial direction different from said radial direction and said other radial direction (Fig. 7).
Regarding claim 10, wherein the tensioner (11) includes at least one central portion extending along a longitudinal axis of the rod (8) and at least one second row of bristles (12) projecting from said central portion (Fig. 8).
Regarding claim 11, wherein at least some of the bristles (12) of the second row project through the core (14) (Fig. 11 and 12).
Regarding claim 12, wherein at least some of the bristles (118) of the second row are extended by a respective bristle (122) of the brush (20), said bristle (122) being included or not included in the first row of bristles.
Regarding claim 13, a cosmetic product dispensing device including:
- a cosmetic product applicator assembly (Fig. 1)
- a bottle (2) including a neck (5), a skirt of the rod/cap element being conformed to cooperate with the neck of the bottle (Fig. 1),
- a wiper (20) in said bottle (2).
Regarding claim 14, including a cap (9) adapted to close the skirt of the rod/cap element on the side opposite the rod (Fig. 1).
Regarding claim 15, wherein the recess is a through-opening (page 11, lines 20-21).
Regarding claim 16, wherein the tensioner (11) includes a third reinforcing portion (A) extending in a radial direction different from said radial direction and said other radial direction (Fig. 7).
Regarding claim 17, wherein the respective bristle (12) of the brush that are extended the at least some of the bristles of the second row are included in the first row of bristles (i.e. in a perpendicular direction to the row; see Fig below).
Regarding claim 18, wherein the respective bristle (12) of the brush that are extended the at least some of the bristles of the second row are not included in the first row of bristles (see Fig. below).
PNG
media_image1.png
504
599
media_image1.png
Greyscale
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.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
6/15/2026
Prosecution Insights