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 8 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 2650589 Y and translated PDF) in view of McGaugh (U.S. Publication No. 2017/0042318 A1) and Van (U.S. Publication No. 2008/0016712 A1).
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In regard to claim 1, Liu discloses an automatic brush (Fig. 1) comprising: a body (body in annotated Fig. 1, para. 0014); and a plurality of bristles (8 in Fig. 1) coupled to the body and capable of automatically moving (para. 0015); and wherein the body of the automatic brush comprises a malleable material that conforms to the head of the user (para. 0014, flexible material).
Liu does not disclose that the plurality of bristles are configured to automatically move in a predefined pattern over hair of a user to train the hair of the user to form 360 waves therein, 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; 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.
McGaugh teaches a similar apparatus (Figs. 1-4) comprising a plurality of bristles (12 in Figs. 3-4, paras. 0002 and 0006) 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).
Van teaches an apparatus (Figs. 1-4) wherein the body of a grooming device (22 in Fig. 1, para. 0031, grooming devices may be combs or brushes) attaches to a mount (12 in Fig. 3, paras. 0021-0022) using a mount arm (16 in Fig. 3, paras. 0021 and 0026) between the body of the grooming device and the mount (Fig. 3, paras. 0031 and 0026), wherein the mount arm enables a hands free operation of the grooming device (paras. 0017 and 0029); wherein the mount arm receives the body of the grooming device and moves the grooming device over a head of the user without the use of a hand of the user (paras. 0017, 0026 and 0029).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of automated 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 plurality of bristles of Liu by specifying the plurality of bristles are capable of automatically moving in a predefined pattern over hair of a user to train the hair to form 360 waves 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 Liu by adding a mount which attaches to the body using a mount arm between the body and the mount, wherein the mount arm enables a hands free operation of the grooming device; wherein the mount arm receives the body and moves the grooming device over a head of the user without the use of a hand of the user as taught by Van in order to allow for hands-free grooming (Van para. 0017) without having to reposition the body for uniform grooming (Van para. 0022).
In regard to claim 2, Liu in view of McGaugh and Van discloses the invention of claim 1. Liu does not disclose wherein the plurality of bristles are configured to repeatedly brush the hair of the user according to the predefined pattern for an extended period of time and wherein the predefined pattern is based on a desired pattern for the 360 waves in the hair of the user.
McGaugh teaches a similar apparatus (Figs. 1-4) comprising a plurality of bristles (12 in Figs. 3-4, paras. 0002 and 0006) wherein the plurality of bristles 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).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of automated 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 plurality of bristles of Liu in view of McGaugh and Van by specifying the plurality of bristles are capable of repeatedly brushing the hair according to the pattern for an extended period of time wherein the pattern is based on a desired pattern for the 360 waves 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 8, Liu in view of McGaugh and Van discloses the invention of claim 1. Liu further teaches wherein the plurality of bristles are removeable (para. 0014) such that the plurality of bristles are capable of being replaced by alternate sets of bristles associated with different patterns of 360 waves (para. 0014).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of McGaugh and Van in view of Merritt (U.S. Patent No. 5,485,646 A).
In regard to claim 6, Liu in view of McGaugh and Van discloses the invention of claim 1. Liu does not disclose further comprising 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.
Merritt teaches a similar brush (Figs. 1-9) further comprising an integrated counter (col. 1 lines 41-51) capable of automatically counting a number of times the plurality of bristles are passed over the head of the user in a certain direction (col. 1 lines 8-10 and 41-51) before changing angles, direction and/or rotation according to the predefined pattern (col. 1 lines 46-54).
Merritt, Liu, 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 automatic brush of Liu in view of McGaugh and Van by adding the counter as taught by Merritt in order to allow a user to determine the number of strokes made while brushing the hair (col. 1 lines 8-10).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of McGaugh and Van and Moffitt (U.S. Publication No. 2018/0242796 A1).
In regard to claim 9, Liu in view of McGaugh and Van discloses the invention of claim 1. Liu 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.
Moffitt teaches a similar brush (Figs. 1-2) which comprises a built-in feature module (dispenser 111 in Fig. 2, paras. 0026-0027) capable of providing moisturizing features (paras. 0005 and 0026-0027)
Moffitt, Liu, McGaugh and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of automated 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 Liu in view of McGaugh and Van by adding a built-in feature as taught by Moffitt in order to allow for products to be dispensed from the brush onto the body of the user (Moffitt para. 0027).
Claims 10-12 and 18 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 Liu and Van.
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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 over a head of the user without the user of a hand of the user; and wherein the body of the automatic brush comprises a malleable material that conforms to the head of the user.
Liu teaches an automatic brush (Fig. 1) comprising: a body (body in annotated Fig. 1, para. 0014); and a plurality of bristles (8 in Fig. 1) coupled to the body and capable of automatically moving (para. 0015) relative to the body; and wherein the body of the automatic brush comprises a malleable material that conforms to the head of the user (para. 0014, flexible material).
Van teaches an apparatus (Figs. 1-4) comprising a grooming device (22 in Fig. 1, para. 0031, grooming devices may be combs or brushes) capable of automatically moving hands free over hair of a user (para. 0017), wherein a body of a grooming device attaches to a mount (12 in Fig. 3, paras. 0021-0022) using a mount arm (16 in Fig. 3, paras. 0021 and 0026) between the body of the grooming device and the mount (Fig. 3, paras. 0031 and 0026), wherein the mount arm enables a hands free operation of the grooming device (paras. 0017 and 0029); and wherein the mount arm receives the body of the grooming device and moves the grooming device over a head of the user without the user of a hand of the user (paras. 0017, 0026 and 0029).
JustinTime and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair brushes. Liu, Van, and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of automated 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 brush of JustinTime by specifying the brush is automatic and that the plurality of bristles are configured to automatically move relative to the body, and wherein the body comprises a malleable material that conforms to the head of the user as taught by Liu in order to allow for promotion of blood circulation and enhancing cell vitality, as well as avoiding hurting the user’s skin (Liu paras. 0009 and 0014).
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 to be capable of automatically moving hands free over hair of a user by adding a mount which attaches to the body using a mount arm between the body and the mount, wherein the mount arm enables a hands free operation of the grooming device; and wherein the mount arm receives the body and moves the grooming device over a head of the user without the use of a hand of the user as taught by Van in order to allow for hands-free grooming (Van para. 0017) without having to reposition the body for uniform grooming (Van para. 0022).
In regard to claim 11, JustinTime in view of Liu and Van 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 Liu and Van 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 18, JustinTime in view of Liu and Van 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.
Liu further teaches wherein the plurality of bristles are removeable (para. 0014) such that the plurality of bristles are capable of being replaced by alternate sets of bristles associated with different patterns of 360 waves (para. 0014).
JustinTime and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair brushes. Liu, Van and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of automated 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 plurality of bristles of JustinTime in view of Liu and Van by specifying the plurality of bristles are capable of being replaced by alternate sets of bristles as taught by Liu in order to allow for cleaning and replacement of the bristles as needed (Liu para. 0014).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over JustinTime in view of Liu and Van in view of Merritt.
In regard to claim 16, JustinTime in view of Liu and Van discloses the invention of claim 10. JustinTime does not disclose further comprising 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.
Merritt teaches a brush (Figs. 1-9) further comprising an integrated counter (col. 1 lines 41-51) capable of automatically counting a number of times the plurality of bristles are passed over the head of the user in a certain direction (col. 1 lines 8-10 and 41-51) before changing angles, direction and/or rotation according to the predefined pattern (col. 1 lines 46-54).
JustinTime, Merritt, 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 automatic brush of JustinTime in view of Liu and Van by adding the counter as taught by Merritt in order to allow a user to determine the number of strokes made while brushing the hair (col. 1 lines 8-10).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over JustinTime in view of Liu and Van in view of Moffitt.
In regard to claim 19, JustinTime in view of Liu and Van 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.
Moffitt teaches a similar brush (Figs. 1-2) which comprises a built-in feature module (dispenser 111 in Fig. 2, paras. 0026-0027) capable of providing moisturizing features (paras. 0005 and 0026-0027)
JustinTime, Moffitt, 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 automatic brush of JustinTime in view of Liu and Van by adding a built-in feature as taught by Moffitt in order to allow for products to be dispensed from the brush onto the body of the user (Moffitt para. 0027).
Response to Arguments
Applicant's arguments filed 06 August 2025 have been fully considered but they are not persuasive.
In regard to the 35 U.S.C. § 103 rejections of claims 1, 2, and 8 as being unpatentable over Liu in view of McGaugh, Applicant argues that the amended limitations of amended independent claim 1 and the similarly amended independent claim 10 are not disclosed by Liu or McGaugh and that Liu does not discuss any mechanism where the brush could be used hands free. Applicant argues that the dependent claims depend either directly or indirectly from independent Claim 1 and thus are patentable over the cited references for the reasons discussed with respect to independent Claim 1, and also for the unique patentable features recited therein, and submits that the dependent claims are patentable over the cited references.
Examiner notes that in the above rejection, claims 1, 2, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of McGaugh and Van. Examiner notes that Van teaches an apparatus (Figs. 1-4) wherein the body of a grooming device attaches to a mount using a mount arm between the body of the grooming device and the mount, wherein the mount arm enables a hands free operation of the grooming device (paras. 0017 and 0029); wherein the mount arm receives the body of the grooming device and moves the grooming device over a head of the user without the use of a hand of the user (paras. 0017, 0026 and 0029). One of ordinary skill in the art would have been motivated to have modified Liu in view of McGaugh by the teachings of Van in order to allow for hands-free grooming (Van para. 0017) without having to reposition the body for uniform grooming (Van para. 0022). Applicant is directed to the rejections in view of the amendments.
In regard to the 35 U.S.C. § 103 rejection of claim 6 as being unpatentable over Liu and McGaugh in view of Merritt, the 35 U.S.C. § 103 rejection of claim 9 as being unpatentable over Liu and McGaugh in view of Moffitt, Applicant argues that the dependent claims are patentable over the cited combination at least per the patentability of the independent base claims from which they depend.
Examiner notes that in the above rejection, claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of McGaugh and Van in view of Merritt and claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of McGaugh and Van and Moffitt. As noted in the above response to Applicant’s arguments, Van teaches the amended limitations of amended independent claim 1. Applicant is directed to the rejections in view of the amendments.
In regard to the 35 U.S.C. § 103 rejection of claims 10-12 and 18 as being unpatentable over JustinTime in view of Liu, the 35 U.S.C. § 103 rejection of claim 16 as being unpatentable over JustinTime in view of Liu and Merritt, and the 35 U.S.C. § 103 rejection of claim 19 as being unpatentable over JustinTime in view of Liu and Moffitt, Applicant argues that independent claim 10 has been amended to include similar recitations to the highlighted recitations of Claim 1 and that independent Claim 10 and the claims that depend therefrom are patentable over the cited combination including Liu for the reasons argued with respect to Claim 1. Applicant argues that that the dependent claims are patentable over the cited combination at least per the patentability of the independent base claims from which they depend.
Examiner notes that in the above rejection, claims 10-12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over JustinTime in view of Liu and Van, claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over JustinTime in view of Liu and Van in view of Merritt and claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over JustinTime in view of Liu and Van in view of Moffitt. Examiner notes that Van teaches an apparatus (Figs. 1-4) comprising a grooming device capable of automatically moving hands free over hair of a user (para. 0017), wherein a body of a grooming device attaches to a mount using a mount arm between the body of the grooming device and the mount, wherein the mount arm enables a hands free operation of the grooming device (paras. 0017 and 0029); and wherein the mount arm receives the body of the grooming device and moves the grooming device over a head of the user without the user of a hand of the user (paras. 0017, 0026 and 0029). One of ordinary skill in the art would have been motivated to have modified JustinTime in view of Liu by the teachings of Van in order to allow for hands-free grooming (Van para. 0017) without having to reposition the body for uniform grooming (Van para. 0022). Applicant is directed to the rejections in view of the amendments.
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 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