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.
Claims 1, 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Rudd (U.S. Patent No. 3,575,181 A) in view of McGaugh (U.S. Publication No. 2017/0042318 A1) and Balooch et al (U.S. Publication No. 2018/0184796 A1, hereinafter “Balooch”).
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In regard to claim 1, Rudd discloses an automatic brush (Figs. 1-13) comprising:
a body (body in annotated Fig. 9);
a plurality of bristles (bristles in annotated Fig. 9) coupled to the body and capable of automatically moving in a predefined pattern over hair of a user for different hair treatments (Abstract, col. 2 lines 3-9),
wherein the body of the automatic brush attaches to a brush mount (12, 14 and 16 in Fig. 1) using a mount arm (32 and 40 in Figs. 3 and 9) between the body of the automatic brush and the brush mount (Figs. 3-4 and 9), wherein the mount arm enables a hands free operation of the automatic brush (col. 1 lines 47-54 and col. 2 lines 21-33); and
wherein the mount arm receives the body of the automatic brush and moves the plurality of bristles of the automatic brush (col. 5 line 63-col. 6 line 15) in the predefined pattern over a head of the user without the use of a hand of the user (Abstract, col. 2 lines 21-33).
Rudd does not disclose that the plurality of bristles is configured to move over hair of a user to train the hair of the user to form 360 waves therein, and an integrated counter configured to automatically count a number of times the plurality of bristles are passed over the head of the user in a certain direction before changing angles, direction and/or rotation according to the predefined pattern.
McGaugh discloses an automatic brush (Figs. 1-4) comprising: a body (11 in Fig. 1, para. 0015); and a plurality of bristles (12 in Figs. 3-4, paras. 0002, 0006 and 0015) coupled to the body and capable of automatically moving in a predefined pattern over hair of a user (Abstract, para. 0006) to train the hair of the user to form 360 waves therein (para. 0006).
Balooch teaches an apparatus (Figs. 1-7) comprising brush (101 in Fig. 4A) comprising a body (body in annotated Fig. 4A) and a plurality of bristles (bristles in annotated Fig. 4A) and an integrated counter (203 in Fig. 5) capable of automatically counting a number of times the plurality of bristles are passed over the head of the user in a certain direction (paras. 0010, 0023, 0040 and 0089-0090) before changing angles or direction according to a predefined pattern (para. 0054, 0101; Balooch is capable of counting a number of times the plurality of bristles are passed over the head, such as counting stroke number and alerting user that their brushing is out of the recommended stroke number for that pattern (para. 0054), and a user can then change angle or direction after the notification to the next instructed step (para. 0101)).
Rudd, McGaugh, and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of automated hair grooming devices. Rudd, McGaugh, and Balooch and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair brushes.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automatic brush of Rudd by specifying that that the plurality of bristles are capable of automatically moving over hair of a user to train the hair of the user to form 360 waves therein as taught by McGaugh in order to eliminate or reduce the need for an individual to manually stroke the brush (McGaugh para. 0007).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automatic brush of Rudd in view of McGaugh by adding an integrated counter capable of automatically counting a number of times the plurality of bristles are passed over the head of the user in a certain direction before changing angles or direction according to the predefined pattern as taught by Balooch in order to allow the device to monitor changes in stroke count and monitor tangling rate of hair over time (Balooch paras. 0005 and 0010) and provide real-time performance results to the user (Balooch para. 0101).
In regard to claim 2, Rudd in view of McGaugh and Balooch discloses the invention of claim 1. Rudd further discloses wherein the plurality of bristles (bristles in annotated Fig. 9) are capable of repeatedly brushing the hair of the user according to the predefined pattern for an extended period of time (Abstract, col. lines 21-33). Rudd does not disclose wherein the predefined pattern is based on a desired pattern for the 360 waves in the hair of the user
McGaugh further discloses wherein the plurality of bristles (12 in Figs. 3-4, paras. 0002, 0006 and 0015) are capable of repeatedly brushing the hair of the user according to the predefined pattern for an extended period of time (Abstract, paras. 0006-0007) and wherein the predefined pattern is based on a desired pattern for the 360 waves in the hair of the user (para. 0006).
Rudd, McGaugh, and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of automated hair grooming devices.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automatic brush of Rudd in view of McGaugh and Balooch by specifying that that the plurality of bristles are capable of repeatedly brushing the hair of the user according to the predefined pattern based on a desired pattern for the 360 waves in the hair of the user as taught by McGaugh in order to eliminate or reduce the need for an individual to manually stroke the brush (McGaugh para. 0007).
In regard to claim 9, Rudd in view of McGaugh and Balooch discloses the invention of claim 1. Rudd further discloses wherein the automatic brush comprises at least one of a built in feature module (132 in Fig. 16) capable of providing moisturizing features (col. 11 line 70-col. 12 line 1).
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Rudd in view of McGaugh and Balooch and Moffitt (U.S. Publication No. 2018/0242796 A1).
In regard to claim 8, Rudd in view of McGaugh and Balooch discloses the invention of claim 1. Rudd does not disclose wherein the plurality of bristles are removeable such that the plurality of bristles can be replaced by alternate sets of bristles associated with different patterns of 360 waves.
Moffit teaches an apparatus (Figs. 1-2) comprising a brush (100 in Fig. 1) wherein the plurality of bristles (105 in Figs. 1-2) are removeable (paras. 0014 and 0028) such that the plurality of bristles are capable of being replaced (paras. 0014 and 0028) by alternate sets of bristles associated with different patterns of 360 waves (paras. 0014 and 0028, the plurality of bristles are capable of being replaced with alternate bristles).
Rudd, McGaugh, Moffitt, and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of motorized brushes. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of bristles and body of the automatic brush of Rudd in view of McGaugh and Balooch to be removably attached such that the plurality of bristles are capable of being replaced by alternate sets of bristles as taught by Moffitt in order to allow for damaged bristles to be replaced with fresh bristles (Moffitt para. 0028).
Claims 10-12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over JustinTime (How To Use A Kit To Get 360 Waves…, https://www.youtube.com/watch?v= 06GJrx7jPnc, see attached PDF) in view of Rudd and Balooch.
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Fig. of annotated p. 4 of PDF, close-up
In regard to claim 10, JustinTime discloses a kit for creating 360 waves in hair of a user, the kit comprising:
a brush (see 7:51-8:05 of YouTube video, and p. 3-4 of PDF) comprising a body (body in annotated p. 4 of PDF) and a plurality of bristles (bristles in annotated p. 4 of PDF) coupled to the body (see 7:51-8:05 of YouTube video, and p. 3-4 of PDF) and capable of moving in a predefined pattern over hair of a user to train the hair of the user to form 360 waves therein (see 3:26-3:35, 7:51-8:05 of YouTube video, and p. 1, 3-4 of PDF); and
accessories associated with creating 360 waves in the hair of the user (see 7:07-7:29 of YouTube video, and p. 2 of PDF).
JustinTime does not disclose that the brush is automatic and the plurality of bristles are configured to automatically move hands free, and does not disclose wherein the body of the automatic brush attaches to a brush mount using a mount arm between the body of the automatic brush and the brush mount, wherein the mount arm enables a hands free operation of the automatic brush; and wherein the mount arm receives the body of the automatic brush and moves the plurality of bristles of the automatic brush in the predefined pattern over a head of the user without the use of a hand of the user; and an integrated counter configured to automatically count a number of times the plurality of bristles are passed over the head of the user in a certain direction before changing angles, direction and/or rotation according to the predefined pattern.
Rudd teaches an automatic brush (Figs. 1-13) comprising a body (body in annotated Fig. 9) and a plurality of bristles (bristles in annotated Fig. 9) coupled to the body and capable of automatically moving hands free in a predefined pattern over hair of a user for different hair treatments (Abstract, col. 2 lines 3-9),
wherein the body of the automatic brush attaches to a brush mount (12, 14 and 16 in Fig. 1) using a mount arm (32 and 40 in Figs. 3 and 9) between the body of the automatic brush and the brush mount (Figs. 3-4 and 9), wherein the mount arm enables a hands free operation of the automatic brush (col. 1 lines 47-54 and col. 2 lines 21-33); and
wherein the mount arm receives the body of the automatic brush and moves the plurality of bristles of the automatic brush (col. 5 line 63-col. 6 line 15) in the predefined pattern over a head of the user without the use of a hand of the user (Abstract, col. 2 lines 21-33).
Balooch teaches an apparatus (Figs. 1-7) comprising brush (101 in Fig. 4A) comprising a body (body in annotated Fig. 4A) and a plurality of bristles (bristles in annotated Fig. 4A) and an integrated counter (203 in Fig. 5) capable of automatically counting a number of times the plurality of bristles are passed over the head of the user in a certain direction (paras. 0010, 0023, 0040 and 0089-0090) before changing angles or direction according to a predefined pattern (para. 0054, 0101; Balooch is capable of counting a number of times the plurality of bristles are passed over the head, such as counting stroke number and alerting user that their brushing is out of the recommended stroke number for that pattern (para. 0054), and a user can then change angle or direction after the notification to the next instructed step (para. 0101)).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair brushes.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the brush of JustinTime by specifying the brush is automatic, that the plurality of bristles are capable of automatically moving hands free, that the body of the automatic brush attaches to a brush mount using a mount arm between the body of the automatic brush and the brush mount, wherein the mount arm enables a hands free operation of the automatic brush; and that wherein the mount arm receives the body of the automatic brush and moves the plurality of bristles of the automatic brush in the predefined pattern over a head of the user without the use of a hand of the user as taught by Rudd in order to allow for the brush to free users from having to do the harsh, inconvenient, time consuming tasks to maintain or treat hair (Rudd col. 1 lines 28-54).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automatic brush of JustinTime in view of Rudd by adding an integrated counter capable of automatically counting a number of times the plurality of bristles are passed over the head of the user in a certain direction before changing angles or direction according to the predefined pattern as taught by Balooch in order to allow the device to monitor changes in stroke count and monitor tangling rate of hair over time (Balooch paras. 0005 and 0010) and provide real-time performance results to the user (Balooch para. 0101).
In regard to claim 11, JustinTime in view of Rudd and Balooch discloses the invention of claim 10. JustinTime further discloses wherein the accessories include a durag (JustinTime, see 7:07-7:29 of YouTube video, and p. 2 of PDF).
In regard to claim 12, JustinTime in view of Rudd and Balooch discloses the invention of claim 11. JustinTime further discloses wherein the plurality of bristles (bristles in annotated p. 4 of JustinTime PDF) are capable of repeatedly brushing the hair of the user according to the predefined pattern for an extended period of time (see 3:26-3:35, 7:51-8:05 of JustinTime YouTube video, and p. 1, 3-4 of JustinTime PDF; Chal p. 4 line 137-150) and wherein the predefined pattern is based on a desired pattern for the 360 waves in the hair of the user (see 3:26-3:35, 7:51-8:05 of JustinTime YouTube video, and p. 1, 3-4 of JustinTime PDF).
In regard to claim 19, JustinTime in view of Rudd and Balooch discloses the invention of claim 10. JustinTime does not disclose wherein the automatic brush comprises at least one of a built in feature module configured to provide vibration, moisturizing, heat and/or blow drying features and/or an electronic module configured to provide features associated with a personal electronic device.
Rudd further discloses wherein the automatic brush comprises at least one of a built in feature module (132 in Fig. 16) capable of providing moisturizing features (col. 11 line 70-col. 12 line 1).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair brushes. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the automatic brush of JustinTime in view of Rudd and Balooch by adding a built-in feature capable of providing moisturizing features as taught by Rudd in order to free users from having to do the harsh, inconvenient, time consuming tasks to maintain or treat hair (Rudd col. 1 lines 28-54) such as applying various moisturizers or other fluid treatments.
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over JustinTime in view of Rudd and Balooch and Moffitt.
In regard to claim 18, JustinTime in view of Rudd and Balooch discloses the invention of claim 10. JustinTime does not disclose wherein the plurality of bristles are removeable such that the plurality of bristles can be replaced by alternate sets of bristles associated with different patterns of 360 waves.
Moffit teaches an apparatus (Figs. 1-2) comprising a brush (100 in Fig. 1) wherein the plurality of bristles (105 in Figs. 1-2) are removeable (paras. 0014 and 0028) such that the plurality of bristles are capable of being replaced (paras. 0014 and 0028) by alternate sets of bristles associated with different patterns of 360 waves (paras. 0014 and 0028, the plurality of bristles are capable of being replaced with alternate bristles).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of brushes.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of bristles and body of the automatic brush of JustinTime in view of Rudd and Balooch to be removably attached such that the plurality of bristles are capable of being replaced by alternate sets of bristles as taught by Moffitt in order to allow for damaged bristles to be replaced with fresh bristles (Moffitt para. 0028).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Rudd in view of McGaugh and Balooch and Geka GMBH (DE 202013005482 U1, see attached translated PDF).
In regard to claim 21, Rudd in view of McGaugh and Balooch discloses the invention of Claim 1. Rudd does not disclose wherein the body of the automatic brush comprises a malleable material that conforms to the head of the user.
Geka GMBH teaches an apparatus (Figs. 1-7) comprising a brush (1 in Fig. 1) comprising a body (3 and 7 in Fig. 1, paras. 0039-0040) wherein the body of the brush comprises a malleable material (7 in Fig. 1, para. 0070) with bristles that conforms to the head of the user (para. 0007).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair brushes.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the border of the body of Rudd in view of McGaugh and Balooch by adding a malleable material that conforms to the head of the user as taught by Geka GMBH in order to allow for the device to yield under combing forces (Geka GMBH para. 0007) while being efficient and cost-effective to produce (Geka GMBH para. 0009).
Response to Arguments
Applicant's arguments filed 04 May 2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art Merritt, Liu, McGaugh, Van, Moffitt, and JustinTime do not disclose the amended limitation of independent claims 1 and 10. Applicant argues that independent claims 1 and 10 and the claims that depend therefrom are patentable over the cited combination for these reasons.
Examiner notes that in the above rejection, claims 1, 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Rudd in view of McGaugh and Balooch, and claims 10-12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over JustinTime in view of Rudd and Balooch. Balooch teaches an apparatus (Figs. 1-7) comprising a brush comprising a body and a plurality of bristles (bristles in annotated Fig. 4A) and an integrated counter (203 in Fig. 5) capable of automatically counting a number of times the plurality of bristles are passed over the head of the user in a certain direction (paras. 0010, 0023, 0040 and 0089-0090) before changing angles or direction according to a predefined pattern (para. 0054, 0101). One of ordinary skill in the art would have been motivated to have modified the device of Rudd in view of McGaugh or the device of JustinTime in view of Rudd by the teachings of Balooch in order to allow the device to monitor changes in stroke count and monitor tangling rate of hair over time (Balooch paras. 0005 and 0010) and provide real-time performance results to the user (Balooch para. 0101). Examiner further notes that Applicant’s arguments are narrower than the claim limitations, as the claims 1 and 10 do not recite “before automatically changing angles, direction, and/or rotation according to the predefined pattern”, and instead recite “before changing angles, direction, and/or rotation according to the predefined pattern”. Applicant is directed to the rejections in view of the amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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