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) 1, 11, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uebo (JP 2003299520 A, see machine translated ver.) in view of Kim (US 20230172333 A1) and Wagner (US 20070272267 A1).
Re. Claim 1, Uebo discloses a method of applying solutions to a wearer's eyelashes (Fig. 5) comprising the steps of:
(1) placing a base component (10) with double adhesive tape (14; Fig. 5b; Par. 17) on a wearer's eyelid (Par. 17, Fig. 5-6 where it is placed on the bottom surface on top of a wearer’s eyelid);
(2) applying a solution to the wearer's eyelashes (Par. 18);
(3) placing a band component (52; Fig. 5a) on top of the wearer’s eyelashes such that the base component traps the eyelashes (51 to the surface of the base component (10) for a duration to allow the solution to effectively react with the wearer’s eyelashes (Par. 18);
Wherein the method avoids application of agents which harden from liquid form into solid form to be applied concomitantly to the eyelashes (Uebo discloses in Par. 14 that double adhesive is applied and does not use a liquid adhesive. It should also be noted that instead of double adhesive tape Uebo can substitute it with a liquid adhesive but is optional).
However, Uebo is silent to a coupled magnetic system and a band component having a corresponding second magnetic element on top of the wearer's eyelashes such that the band component traps the eyelashes to the surface of the base component for a duration to allow the solution to effectively react with the wearer's eyelashes; and wherein the base component has a maximum thickness of 6 mm.
Uebo does disclose that the base component (52) may have metal (Par. 10-11) and the eyelashes are held between base component (10) and band component (52).
Kim discloses a eyelash holding system in the same field of endeavor and further discloses a base component (111; Fig. 3-4) and a band component (112; Fig. 3-4) wherein the base component (111) has a first magnetic element (Par. 44) and the band component (112) has a second magnetic element (Par. 44).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Uebo to have a coupled magnetic system and a band component having a corresponding second magnetic element on top of the wearer's eyelashes such that the band component traps the eyelashes to the surface of the base component for a duration to allow the solution to effectively react with the wearer's eyelashes as taught by Kim to provide alternative means to hold the eyelashes in place.
Wagner discloses the eyelash rod in the same field of endeavor and further discloses varying sizes of eyelash perming rods (Fig. 30) where the size used by user is dependent on the user’s eyes and eyelashes (Par. 12), wherein a base component can have a thickness of 4 mm, 5 mm or 6 mm (Fig. 3; Par. 13).
It would have been obvious to someone skilled in the art before the effective filing date to have the base component of Uebo and Kim to have a thickness of 6 mm as taught by Wagner as it is a design choice dependent on the user’s eye/eyelash size.
Re. Claim 11, Uebo discloses a method of applying solutions to a wearer's eyelashes comprising the steps of:
(1) placing a base component (10) with double adhesive tape (14; Fig. 5b; Par. 17) on a wearer's eyelid (Par. 17, Fig. 5-6 where it is placed on the bottom surface on top of a wearer’s eyelid);
(2) applying a solution to the wearer's eyelashes (Par. 18);
(3) placing a band component (52; Fig. 5a) on top of the wearer’s eyelashes such that the base component traps the eyelashes (51 to the surface of the base component (10) for a duration to allow the solution to effectively react with the wearer’s eyelashes (Par. 18).
However, Uebo is silent to a coupled magnetic system and a band component having a corresponding second magnetic element on top of the wearer's eyelashes such that the band component traps the eyelashes to the surface of the base component for a duration to allow the solution to effectively react with the wearer's eyelashes; wherein the method does not include a step of application of adhesive to the eyelashes and wherein the base component has a maximum thickness of 6 mm.
Uebo does disclose that the base component (52) may have metal (Par. 10-11) and the eyelashes are held between base component (10) and band component (52).
Kim discloses a eyelash holding system in the same field of endeavor and further discloses a base component (111; Fig. 3-4) and a band component (112; Fig. 3-4) wherein the base component (111) has a first magnetic element (Par. 44) and the band component (112) has a second magnetic element (Par. 44).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Uebo to have a coupled magnetic system and a band component having a corresponding second magnetic element on top of the wearer's eyelashes such that the band component traps the eyelashes to the surface of the base component for a duration to allow the solution to effectively react with the wearer's eyelashes as taught by Kim to provide alternative means to hold the eyelashes in place. As such, the combination of Uebo and Kim would provide teaching of wherein the method does not include a step of application of adhesive to the eyelashes as a magnetic coupling system is implemented taught by Kim.
Wagner discloses the eyelash rod in the same field of endeavor and further discloses varying sizes of eyelash perming rods (Fig. 3) where the size used by user is dependent on the user’s eyes and eyelashes (Par. 12), wherein a base component can have a thickness of 4 mm, 5 mm or 6 mm (Fig. 3; Par. 13).
It would have been obvious to someone skilled in the art before the effective filing date to have the base component of Uebo and Kim to have a thickness of 6 mm as taught by Wagner as it is a design choice dependent on the user’s eye/eyelash size.
Re. Claim 20, Uebo discloses a method of applying solutions to a wearer's eyelashes comprising the steps of:
(1) placing a base component (10) with double adhesive tape (14; Fig. 5b; Par. 17) on a wearer's eyelid (Par. 17, Fig. 5-6 where it is placed on the bottom surface on top of a wearer’s eyelid);
(2) applying a solution to the wearer's eyelashes (Par. 18);
(3) placing a band component (52; Fig. 5a) on top of the wearer’s eyelashes such that the base component traps the eyelashes (51 to the surface of the base component (10) for a duration to allow the solution to effectively react with the wearer’s eyelashes (Par. 18); and
Wherein the method avoids application of agents which harden from liquid form into solid form to be applied concomitantly to the eyelashes (Uebo discloses in Par. 14 that double adhesive is applied and does not use a liquid adhesive. It should also be noted that instead of double adhesive tape Uebo can substitute it with a liquid adhesive but is optional).
However, Uebo is silent to a coupled magnetic system and a band component having a corresponding second magnetic element on top of the wearer's eyelashes such that the band component traps the eyelashes to the surface of the base component for a duration to allow the solution to effectively react with the wearer's eyelashes; wherein the method does not include a step of application of adhesive to the eyelashes and wherein the base component has a maximum thickness of 6 mm.
Uebo does disclose that the base component (52) may have metal (Par. 10-11) and the eyelashes are held between base component (10) and band component (52).
Kim discloses a eyelash holding system in the same field of endeavor and further discloses a base component (111; Fig. 3-4) and a band component (112; Fig. 3-4) wherein the base component (111) has a first magnetic element (Par. 44) and the band component (112) has a second magnetic element (Par. 44).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Uebo to have a coupled magnetic system and a band component having a corresponding second magnetic element on top of the wearer's eyelashes such that the band component traps the eyelashes to the surface of the base component for a duration to allow the solution to effectively react with the wearer's eyelashes as taught by Kim to provide alternative means to hold the eyelashes in place. As such, the combination of Uebo and Kim would provide teaching of wherein the method does not include a step of application of adhesive to the eyelashes as a magnetic coupling system is implemented taught by Kim.
Wagner discloses the eyelash rod in the same field of endeavor and further discloses varying sizes of eyelash perming rods (Fig. 30) where the size used by user is dependent on the user’s eyes and eyelashes (Par. 12), wherein a base component can have a thickness of 4 mm, 5 mm or 6 mm (Fig. 3; Par. 13).
It would have been obvious to someone skilled in the art before the effective filing date to have the base component of Uebo and Kim to have a thickness of 6 mm as taught by Wagner as it is a design choice dependent on the user’s eye/eyelash size.
Claim(s) 2-6, 10, 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uebo (JP 2003299520 A, see machine translated ver.) in view of Kim (US 20230172333 A1), Wagner (US 20070272267 A1), and Lee (KR 102606409 B1, see machine translated ver.).
Re. Claim 2, Uebo, Kim, and Wagner discloses the method of claim 1, but are silent to the solution is a perming solution which comprises a reducing agent.
Lee discloses a method in the same field of endeavor and further discloses a perming solution (Par. 44) which allows the eyelashes to be shaped into the desired shape.
It would have been obvious to someone skilled in the art before the effective filing date to have the solution of Uebo, Kim, and Wagner to be a perming solution comprising a reducing agent as taught by Lee to allow the eyelashes to be shaped into the desired shape.
Re. Claim 3, Uebo, Kim, Wagner, and Lee discloses the method of claim 2, wherein Lee discloses the reducing agent comprises thioglycolate (Par. 44).
Re. Claim 4, Uebo, Kim, and Wagner discloses the method of claim 1, but is silent to the solution is a setting solution which comprises an oxidizing agent.
Lee discloses a method in the same field of endeavor and further discloses a setting solution which comprises an oxidizing agent (Par. 45).
It would have been obvious to someone skilled in the art before the effective filing date to have the solution of Uebo, Kim, and Wagner to be a setting solution comprising an oxidizing agent as taught by Lee to hold the shape of the curls.
Re. Claim 5, Uebo, Kim, Wagner, and Lee discloses the method of claim 4, wherein Lee discloses the oxidizing agent is sodium bromate (Par. 45).
Re. Claim 6, Uebo, Kim, Wagner, and Lee discloses the method of claim 5, wherein Lee discloses the oxidizing agent is selected from the group consisting of sodium bromate (Par. 45).
Re. Claim 10, Uebo, Kim, Wagner, and Lee discloses the method of claim 1, but are silent to the solution is a dye-tint solution.
Lee discloses a method in the same field of endeavor and further discloses a solution for application to the eyelashes can be a dye tint solution (Par. 58). It would have been obvious to someone skilled in the art before the effective filing date to have the solution of Uebo, Kim, and Wagner to be dye-tint solution to dye the eyelashes as desired.
Re. Claim 12, Uebo, Kim, and Wagner discloses the method of claim 11, but are silent to the solution is a perming solution which comprises a reducing agent.
Lee discloses a method in the same field of endeavor and further discloses a perming solution (Par. 44) which allows the eyelashes to be shaped into the desired shape.
It would have been obvious to someone skilled in the art before the effective filing date to have the solution of Uebo, Kim, and Wagner to be a perming solution comprising a reducing agent as taught by Lee to allow the eyelashes to be shaped into the desired shape.
Re. Claim 13, Uebo, Kim, Wagner, and Lee discloses the method of claim 12, wherein Lee discloses the reducing agent comprises thioglycolate (Par. 44).
Re. Claim 14, Uebo, Kim, and Wagner discloses the method of claim 11, but is silent to the solution is a setting solution which comprises an oxidizing agent.
Lee discloses a method in the same field of endeavor and further discloses a setting solution which comprises an oxidizing agent (Par. 45).
It would have been obvious to someone skilled in the art before the effective filing date to have the solution of Uebo, Kim, and Wagner to be a setting solution comprising an oxidizing agent as taught by Lee to hold the shape of the curls.
Re. Claim 15, Uebo, Kim, Wagner, and Lee discloses the method of claim 14, wherein Lee discloses the oxidizing agent is sodium bromate (Par. 45).
Re. Claim 16, Uebo, Kim, Wagner, and Lee discloses the method of claim 15, wherein Lee discloses the oxidizing agent is selected from the group consisting of sodium bromate (Par. 45).
Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uebo (JP 2003299520 A, see machine translated ver.) in view of Kim (US 20230172333 A1), Wagner (US 20070272267 A1), and Cassese (US 20090194126 A1).
Re. Claim 7, Uebo, Kim, and Wagner discloses the method of claim 1, but are silent to the method comprises steps of applying a coupled magnetic system wherein both the base component and band component are painted white. It should be noted that “painted” is a product-by-process limitation, any device which is white meets the limitation as claimed, regardless of the method of coloring.
Cassese discloses a eyelash guard in the same field of endeavor and further discloses the device used to apply cosmetics to the eyelashes (abstract) is further a white color (Par. 15 and 26) to aid the user in identifying their eyelashes for precise application of cosmetics (Par. 26).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Uebo, Kim, and Wagner to comprise steps of applying a coupled magnetic system wherein both the base component and band component are painted white as taught by Cassese to aid the user in identifying their eyelashes for precise application of cosmetics.
Re. Claim 17, Uebo, Kim, and Wagner discloses the method of claim 11, but are silent to the method comprises steps of applying a coupled magnetic system wherein both the base component and band component are painted white. It should be noted that “painted” is a product-by-process limitation, any device which is white meets the limitation as claimed, regardless of the method of coloring.
Cassese discloses a eyelash guard in the same field of endeavor and further discloses the device used to apply cosmetics to the eyelashes (abstract) is further a white color (Par. 15 and 26) to aid the user in identifying their eyelashes for precise application of cosmetics (Par. 26).
It would have been obvious to someone skilled in the art before the effective filing date to have the method of Uebo, Kim, and Wagner to comprise steps of applying a coupled magnetic system wherein both the base component and band component are painted white as taught by Cassese to aid the user in identifying their eyelashes for precise application of cosmetics.
Claim(s) 8-9 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uebo (JP 2003299520 A, see machine translated ver.) in view of Kim (US 20230172333 A1), Wagner (US 20070272267 A1), De la Poterie (US 20210337943 A1).
Re. Claim 8, Uebo, Kim, and Wagner discloses the method of claim 1, but are silent to the method comprises steps of applying a coupled magnetic system wherein both the base component and band component are comprised of ferrous material.
De la Poterie discloses an element that attached to the eyelid (Fig. 1; Par. 10) wherein the magnetic elements made of ferrous material (Par. 18, 58 and 60).
It would have been obvious to someone skilled in the art before the effective filing date to have the coupled magnetic system of Uebo, Kim, and Wagner to be made of ferrous material as taught by De la Poterie as doing so would yield predictable results.
Re. Claim 9, Uebo, Kim, and Wagner discloses the method of claim 1, but are silent to the method comprises steps of applying a coupled magnetic system wherein both the base component and band component comprise neodymium.
De la Poterie discloses an element that attached to the eyelid (Fig. 1; Par. 10) wherein the magnetic elements are selected from the group consisting of neodymium, or alloys of nick and cobalt (Par. 100).
It would have been obvious to someone skilled in the art before the effective filing date to have the coupled magnetic system of Uebo, Kim, and Wagner to be made of neodymium l as taught by De la Poterie as doing so would yield predictable results.
Re. Claim 18, Uebo, Kim, and Wagner discloses the method of claim 11, but are silent to the method comprises steps of applying a coupled magnetic system wherein both the base component and band component are comprised of ferrous material.
De la Poterie discloses an element that attached to the eyelid (Fig. 1; Par. 10) wherein the magnetic elements made of ferrous material (Par. 18, 58 and 60).
It would have been obvious to someone skilled in the art before the effective filing date to have the coupled magnetic system of Uebo, Kim, and Wagner to be made of ferrous material as taught by De la Poterie as doing so would yield predictable results.
Re. Claim 19, Uebo, Kim, and Wagner discloses the method of claim 11, but are silent to the method comprises steps of applying a coupled magnetic system wherein both the base component and band component comprise neodymium.
De la Poterie discloses an element that attached to the eyelid (Fig. 1; Par. 10) wherein the magnetic elements are selected from the group consisting of neodymium, or alloys of nick and cobalt (Par. 100).
It would have been obvious to someone skilled in the art before the effective filing date to have the coupled magnetic system of Uebo, Kim, and Wagner to be made of neodymium l as taught by De la Poterie as doing so would yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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