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) 1-7 and 10-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byrne (US 8,225,800) in view of Shin (US 2002/0056465).
Byrne discloses an artificial eyelash system comprising:
a plurality of eyelash segments (2, 3, 4) a package configured to store the plurality of eyelash segments prior to sale (col. 8,lines 10-15); wherein a width of each of the plurality of eyelash segments is one quarter to one third the width of the user’s natural eyelashes (Fig. 37; col. 5, lines 25-30), wherein each of the plurality of eyelash segments comprises: a plurality of eyelash filaments having an upward-facing surface and a downward-facing surface (Fig. 1), each of the plurality of eyelash filaments comprising a base (2) and a tip (7); and an adhesive element disposed on the upward-facing surface of the plurality of eyelash filaments (col. 7, lines 10-15), wherein the adhesive element: extends from the base of each of the plurality of eyelash filaments toward the tip of each of the plurality of eyelash filaments, is adapted to adhere to an underside of the user’s natural eyelashes without application of additional adhesive to the plurality of eyelash filaments or the user’s natural eyelashes (i.e. is capable if adhering to the underside of the user’s lashes) the adhesive is applied before the eyelash segments are placed in the package (col. 7,lines 50-55) wherein the plurality of eyelash segments are stored in the package with no adhesive present on either the upward-facing surface or the downward-facing surface of the plurality of eyelash filaments between half the average length and the tips of the plurality of eyelash filaments (col. 8, lines 50 and col. 9 ,lines 1-30). Byrne does not disclose the adhesive element extends from the base of each of the plurality of the plurality of eyelash filaments toward the tip of each of the plurality of eyelash filaments to a location less than or equal to half an average length of the plurality of eyelash filaments. Shin teaches an adhesive tape that extends from the base toward the tip of the filaments to a location less than or equal to half an average length of the filament (Fig. 6-7; paragraph 43-45). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the eyelash segments of Shin be applied from the base toward the tip to a location less than half the average length as taught by Shin to assist the device in attachment to the eyelashes.
Regarding claim 2, Byrne further discloses each of the plurality of eyelash segments further comprises a support strip (i.e. base) and each of the plurality of eyelash filaments is attached to the support strip without knotting the plurality of eyelash filaments to the support strip (see Fig. 1; col. 7, lines 15-25).
Regarding claim 3, the combination of Byrne and Shin disclose the adhesive element comprises an adhesive that does not completely coalesce during storage of the plurality of eyelash segments in the package (Shin paragraph 43-45).
Regarding claim 4, Byrne further discloses the adhesive element comprises an adhesive that is adapted so the plurality of eyelash segments adheres to the underside of the user’s natural eyelashes when moved into contact with the user’s natural eyelashes, without squeezing the user’s natural eyelashes and the plurality of eyelash segments together (Fig. 37).
Regarding claim 5, Byrne further discloses the adhesive element comprises an adhesive that is adapted so the plurality of eyelash segments can be removed from the underside of the user’s natural eyelashes with the user’s hand without also removing the user’s natural lashes (paragraph 44).
Regarding claim 6, Byrne and Shin further disclose the adhesive element comprises an upward-facing adhesive and a downward-facing adhesive, and the downward-facing adhesive contacts the plurality of eyelash filaments (i.e. the device is capable of attaching the plurality of eyelash filaments).
Regarding claim 7, Byrne further discloses the adhesive element comprises a double-sided tape (Shin; paragraph 43-45).
Regarding claim 10, Byrne and Shin disclose the upward-facing adhesive is overlaid with a removable substrate before the plurality of eyelash segments are placed in the package (Shin; paragraph 43-45).
Regarding claim 11, Byrne and Shin Byrne discloses an artificial eyelash system comprising: two or more eyelash extensions (2, 3, 4); a package configured to store the plurality of eyelash segments prior to sale (col. 8,lines 10-15); wherein a width of each of the plurality of eyelash segments is one quarter to one third the width of the user’s natural eyelashes (Fig. 37; col. 5, lines 25-30), wherein each of the plurality of eyelash segments comprises: a plurality of eyelash filaments having an upward-facing surface and a downward-facing surface (Fig. 1), each of the plurality of eyelash filaments comprising a base (2) and a tip (7); and an adhesive element disposed on the upward-facing surface of the plurality of eyelash filaments (col. 7, lines 10-15), wherein the adhesive element: extends from the base of each of the plurality of eyelash filaments toward the tip of each of the plurality of eyelash filaments, is adapted to adhere to an underside of the user’s natural eyelashes without application of additional adhesive to the plurality of eyelash filaments or the user’s natural eyelashes (i.e. is capable if adhering to the underside of the user lashes) the adhesive is applied before the eyelash segments are placed in the package (col. 7, lines 50-55) wherein the plurality of eyelash segments are stored in the package with no adhesive present on either the upward-facing surface or the downward-facing surface of the plurality of eyelash filaments between half the average length and the tips of the plurality of eyelash filaments (col. 8, lines 50 and col. 9, lines 1-30). Byrne does not disclose the adhesive element extends from the base of each of the plurality of the plurality of eyelash filaments toward the tip of each of the plurality of eyelash filaments to a location less than or equal to half an average length of the plurality of eyelash filaments. Shin teaches an adhesive tape that extends from the base toward the tip of the filaments to a location less than or equal to half an average length of the filament (Fig. 6-7; paragraph 43-45). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the eyelash segments of Shin be applied from the base toward the tip to a location less than half the average length as taught by Shin to assist the device in attachment to the eyelashes.
Regarding claim 12, Byrne further discloses each of the plurality of eyelash segments further comprises a support strip (i.e. base) and each of the plurality of eyelash filaments is attached to the support strip without knotting the plurality of eyelash filaments to the support strip (see Fig. 1; col. 7, lines 15-25).
Regarding claim 13, the combination of Byrne and Shin discloses the adhesive element comprises an adhesive that does not completely coalesce during storage of the plurality of eyelash segments in the package (Shin paragraph 43-45).
Regarding claim 14, Byrne and Shin further disclose the adhesive element comprises an adhesive that is adapted so the plurality of eyelash segments adhere to the underside of the user’s natural eyelashes when moved into contact with the user’s natural eyelashes, without squeezing the user’s natural eyelashes and the plurality of eyelash segments together (Byrne Fig. 37).
Regarding claim 15, Byrne further discloses the adhesive element comprises an adhesive that is adapted so the plurality of eyelash segments can be removed from the underside of the user’s natural eyelashes with the user’s hand without also removing the user’s natural lashes (i.e. the device is capable of attaching the plurality of eyelash filaments).
Regarding claim 16, Byrne and Shin disclose the adhesive element comprises an upward-facing adhesive and a downward-facing adhesive, and the downward-facing adhesive contacts the plurality of eyelash filaments (Shin paragraph 44-45).
Regarding claim 17, Byrne further discloses the adhesive element comprises a double-sided tape (col. 8, lines 5-15 commonly known as “pressure-sensitive adhesive”).
Regarding claim 20, Byrne and Shin disclose the upward-facing adhesive is overlaid with a removable substrate before the plurality of eyelash segments are placed in the package (Shin paragraph 43-45).
Regarding claims 21 and 22, Byrne and Shin disclose the adhesive element is formulated to resist migration beyond the location less than or equal to half the average length of the plurality of eyelash filaments during storage (Shin; “adhesive tape” paragraphs 43-45).
Claim(s) 8, 9, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byrne in view of Shin as applied to claims 1-7 and 10-22 above, and further in view of Hassler (US 2,503,552).
Byrne and Shin disclose the claimed invention except for the upward-facing adhesive and the downward-facing adhesive have different strengths of adhesion and the strength of adhesion between the upward-facing adhesive and the underside of the user’s natural eyelashes is less than the strength of adhesion between the downward facing adhesive and the plurality of eyelash filaments such that the plurality of eyelash segments can be removed from the underside of the user’s natural eyelashes without the adhesive element being removed from the eyelash segments.
Hassler teaches the upward-facing adhesive and the downward-facing adhesive have different strengths of adhesion (Hassler col. 2, lines 5-15 “a tacky coating 11b on one surface. The lash hairs 12 are secured to the opposite face of the foundation strip by cement 13”) and the strength of adhesion between the upward-facing adhesive and the underside of the user’s natural eyelashes is less than the strength of adhesion between the downward-facing adhesive and the plurality of eyelash filaments such that the plurality of eyelash segments can be removed from the underside of the user’s natural eyelashes without the adhesive element being removed from the eyelash segments (Hassler col. 2, lines 5-15 “a tacky coating 11b on one surface. The lash hairs 12 are secured to the opposite face of the foundation strip by cement 13”). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the adhesive of Byrne and Shin be of different strengths as taught by Hassler in order to allow for easy removal of the adhesive from the user.
Response to Arguments
Applicant’s arguments filed 6/16/2026 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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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
7/21/2026
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