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 1 objected to because of the following informalities: In the last clause of claim 1, “the” is missing before “first end opening”. The claim provides various incomplete clauses which lack a subject; for example, “having a plurality of teeth…”, “defining a cartridge channel…” etc. 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.
Claim 11 is 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.
Regarding claim 11, it is unclear how the push button is “operatively configured” to selectively release a desired quantity of oil from the first end opening. The claim lacks recitation of any structure that would allow for selective dispensing. The drawings do not provide a clear understanding of how a button would permit dispensing to occur. The first end opening has a removable cover disposed thereon. When the cover is removed, there is no structure which obstructs or prevents dispensing from occurring. It is unclear how a push button alone can provide for selective dispensing through the first end opening, whether the opening is covered by the cap or uncovered.
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 1-3 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Raymond (US 2062376) and Alaimo (US 4747420).
Regarding claim 1, Raymond discloses a hair comb comprising: a comb body (1,2a,2d) disposed in a longitudinal orientation, having a first end (end of 1 near 3) with a selectively removable cover (3), having a second end (end opposite 3) opposing the first end, having a body length separating the first and second ends, having a plurality of teeth (2b) each with a tooth first end (end protruding from 2a) directly coupled to the comb body, a tooth second free end (end of 13 opposite 11) opposite the tooth first end, and each disposed in a perpendicular orientation with respect to the longitudinal orientation of the comb body, defining a cartridge channel (1c) proximal to the second end of the comb body in an overlapping configuration with the plurality of teeth and interposed between the first and second ends of the comb body, and defining a fluid transport channel (1d) continuously spanning from the cartridge channel and fluidly coupled to the first end opening of the comb body (Refer to Figures 1-5); however, Raymond does not disclose a selectively removable cartridge capable of containing oil disposed within the cartridge channel in an overlapping configuration with the plurality of teeth with a cartridge first end disposed proximal to the second end of the comb body and a cartridge second end opposing the cartridge first end and directly and engagedly coupled to an inner surface of the comb body defining the fluid transport channel , the cartridge interposed between the first and second ends of the comb body and defining an oil cavity therein that is operably configured to fluidly couple with the fluid transport channel and first end opening of the comb body to transport fluid continuously through the fluid transport channel and out through the first end opening.
Raymond provides a wick material in the cartridge channel but does not disclose a removable cartridge. Alaimo discloses a similar dispensing comb where the comb body provides a second end opening (opening at second end of comb near 14) and a cartridge channel (14) extending from the second end opening and overlapping the comb teeth, where a selectively removable cartridge (15) defining a cavity (cavity of 15) with a wicking material (16) therein, the cartridge (15) being disposed within the cartridge channel and operably configured to fluidly couple with the cartridge channel (Refer to Figures 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comb of Raymond to include a selectively removable cartridge which is insertable through a second end opening and within the cartridge channel, as claimed, as Alaimo demonstrates this is a well-known alternative configuration in the art which facilitates and expedites removal of the material for replacement or cleaning between uses.
Regarding claim 2, the combination of Raymond and Alaimo disclose the device of claim 1 above, Raymond further discloses the plurality of teeth further comprise a teeth length that is less than a cartridge length defined by the cartridge channel (Refer to Figure 1).
Regarding claim 3, the combination of Raymond and Alaimo disclose the device of claim 1 above, Raymond further discloses the first end opening is enclosed (first end opening is enclosed by removable cover 3).
Regarding claim 7, the combination of Raymond and Alaimo disclose the device of claim 1 above, wherein the comb body comprises: a second end opening defined at the second end of the comb body, the cartridge channel spanning from the second end opening to the fluid transport channel (per modification in claim 1 above, a second end opening was incorporated per the teachings of Alaimo).
Regarding claim 8, the combination of Raymond and Alaimo disclose the device of claim 7 above, the selectively removable oil cartridge is operably configured to be selectively and slidably inserted into the cartridge channel through the second end opening in a longitudinal orientation (Alaimo was relied upon for the teaching of the removable oil cartridge which is inserted through the opening at the second end, Refer to the rejection of claim 1 above, and Figure 1 and col. 2 lines 19-21 of Alaimo).
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Raymond and Alaimo as applied to claim 1 above, and further in view of McClure (US 2387924).
Regarding claim 5, the combination of Raymond and Alaimo disclose the device of claim 1 above; however, the combination does not provide a selectively removable cap disposed at the second end of the comb body and coupled to the cartridge first end (end near 19) in a watertight configuration. Raymond was modified to provide the cartridge of Alaimo, where the cartridge includes a cap (20) disposed at the second end of the comb body and coupled to the cartridge first end (end near 19) in a watertight configuration; however, Alaimo does not disclose the cap being selectively removable. Although Alaimo explains that the stemmed cap/knob (20) is fixedly secured to the end wall (19) of the cartridge (15), it had been held that constructing a formerly integral/fixed structure in various elements involves only routine skill (Refer to MPEP 2144.04 V); additionally, the claimed construction is well-known and conventional as demonstrated by McClure (published in 1944). The comb of McClure provides a compartment/cartridge (between 15 and 10) having a first end (end near 15) proximate to the second end of the comb body (portion of 8 having external threads), and a second end (near 10) which is fluidly coupled to a fluid transport channel (9, beyond 10 and ending near 8a). A removable cap (17 or 17,21) is coupled to the second end of the comb body and the first end of the cartridge in a watertight configuration. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of the combination of Raymond and Alaimo such that a selectively removable cap be disposed at the second end of the comb body and coupled to the first end of the cartridge, as it had been held that constructing a formerly integral/fixed structure in various elements involves only routine skill (Refer to MPEP 2144.04 V) and McClure demonstrates the claimed configuration is well-known and conventional in the art.
Regarding claim 11, the combination of Raymond and Alaimo discloses the hair comb with oil cartridge of claim 1 above; however, the combination does not disclose the comb body further comprises: a compression push button disposed on the comb body along the body length proximate to the second end of the comb body, the compression push button operably configured to selectively release a desired quantity of oil from the first end opening of the comb body. McClure discloses a similar dispensing comb having a first end (end near 8a) with a removable cover, a fluid transport channel (channel 9 between 10 and 8), and a cartridge channel (channel of 8 between 15 and 10). McClure teaches the device provides a compression push button (21) disposed on the comb body along the body length proximate to the second end of the comb body, the compression push button allows for selective release of a desired quantity of oil/composition. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comb of the combination of Raymond and Alaimo to include a compression push button on the comb body proximate to the second end of the comb body, where the button is configured to selectively release/dispense a desired quantity of oil as taught by McClure in order to control dispensing by selectively releasing a desired quantity when appropriate.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Raymond and Alaimo as applied to claim 1 above, and further in view of Fabris (US 2571226) and Douglas (US 0727312).
Regarding claim 6, the combination of Alaimo and Noyes disclose the device of claim 1 above; however, the combination does not disclose the selectively removable oil cartridge further comprises: a selectively removable cap coupled to the cartridge first end in a watertight configuration and having a flange coupled to the second end of the comb body in flush configuration.
Fabris discloses a similar comb having a comb body (11) defining a cartridge cavity (Refer to Figures 1-4). A rotating cover/element (20,14), similar to the rotating cover/element (20) of Alaimo, is disposed at the second end (end near 13) of the comb body, where the cover provides a flange (15) that couples to the second end of the comb body in a flush and watertight configuration (Refer to col. 1 lines 45-50 and col. 2 lines 5-10 and Figure 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comb of the combination of Raymond and Alaimo such that the cover/cap (20) thereof have a flange coupled to the second end of the comb body in flush configuration as Fabris teaches this is a well-known alternative configuration which permits rotation while creating a sleek and flush configuration with the comb body which in turn prevents hair from being caught in the cover.
The combination of Raymond and Alaimo and Fabris do not explicitly state the cover/cap is selectively removable; however, it is well known and conventional for such caps/covers to be provided in a removable configuration as evidenced by Douglas (published in 1903). The comb provided by Douglas has selectively removable caps (5) at opposing ends of the comb, which facilitate refilling, emptying and cleaning (Refer to page 1 lines 49-51). Douglas acknowledges that although caps are provided at opposing ends, “it is obvious that they need be placed at one end only” (Refer to page 1 lines 45-49), meaning it is obvious that one end can be closed while the other is open or both ends can be open. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comb of the combination of Raymond, Alaimo and Fabris such that the cap at the second end of the comb body be selectively removable as Douglas demonstrates this is a well-known alternative configuration which provides the benefit of facilitating refilling, emptying and cleaning.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Alaimo and Noyes as applied to claim 1 above, and further in view of Kreiss (US 20210227947).
Regarding claim 9, the combination of Raymond and Alaimo disclose the device of claim 1 above, wherein the comb body further comprises: a sidewall (sidewall of 1a) surrounding and defining the cartridge channel; however, the combination does not disclose the sidewall defining a viewing aperture fluidly coupled to the cartridge channel and the selectively removable oil cartridge being made of a transparent material. Kreiss discloses a dispensing comb where a sidewall of the cartridge channel (channel into which 16,33 is inserted) is provided with a viewing aperture (aperture at/near 21) and the cartridge (16,33) is made of a transparent material (Refer to paragraph 0035) to allow a user to see the composition, how much of the composition remains, etc. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comb of the combination of Raymond and Alaimo such that the sidewall of the cartridge channel provide a viewing aperture fluidly coupled to the cartridge channel and the cartridge be made of a transparent material as taught by Kreiss in order to permit viewing the contents of the cartridge to determine the amount remaining, the type of composition, etc.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Raymond and Alaimo as applied to claim 1 above, and further in view of Stewart et al. (US 8347894).
Regarding claim 10, the combination of Raymond and Alaimo disclose the device of claim 1 above, wherein the comb body further comprises: a sidewall (sidewall of 1a) surrounding and defining the cartridge channel; however, the combination does not disclose the sidewall is made of a transparent material. Stewart et al. disclose a dispensing comb where the comb is transparent to provide “certain visual and commercial appeal” and permit viewing the product (Refer to col. 6 lines 41-44). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comb of the combination of Raymond and Alaimo such that the comb be made of a transparent material as taught by Stewart et al. to provide visual and commercial appeal and allow viewing of the cartridge and product therein.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Raymond and Alaimo as applied to claim 1 above and further in view of Alsalameh (US 20150265025)
Regarding claim 11, the combination of Raymond and Alaimo discloses the hair comb with oil cartridge of claim 1 above; however, the combination does not disclose the comb body further comprises: a compression push button disposed on the comb body along the body length proximate to the second end of the comb body, the compression push button operably configured to selectively release a desired quantity of oil from the first end opening of the comb body. Alsalameh discloses various embodiments of dispensing combs (Refer to Figures 1-9) where the combs provide different means for releasing a desired quantity of composition which allows the user to control the flow of product for more accurate application to the target area (Refer to paragraph 0010). For example, the embodiment of Figure 2 relies on a plunger to push the composition out, while the embodiment of Figure 3-6 and 9 use a push button (324,340,424,540,834) located at a second end of the comb body (end proximate handle). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comb of the combination of Raymond and Alaimo to include a compression push button on the comb body proximate to the second end of the comb body, where the button is configured to selectively release/dispense a desired quantity of oil as taught by Alsalameh in order to control dispensing by selectively releasing a desired quantity when appropriate.
Response to Arguments
Applicant’s arguments with respect to the 35 USC 102 rejection under McDonald and 35 USC 103 under Alaimo and Noyes have been considered but are moot because the new ground of rejection does not rely on McDonald or Noyes applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Alaimo is relied upon for the teaching of a removable cartridge.
Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive.
Argument: Regarding the button of claim 11, the disclosure explains the button is preferably disposed on the comb body and compressing the push button results in dispensing of the product. As an example, the push button maybe partially exposed portion of the cartridge which is a user may selectively squeeze or apply pressure to.
Response: Firstly, it is unconventional to refer to a portion of a cartridge as a push button. This interpretation does not appear to be applicable to claim 11 as the claim requires the push button be disposed on the comb body (not the cartridge). It remains unclear how a button, without additional structures associated therewith, is able to dispense a desired quantity of composition. There is also a cap disposed at the end of second end and when removed, there appears to be no structure which prevents the fluid from simply flowing, so again there is no clear mechanism by which the fluid is dispensed with a push button given the configuration of the comb and lack of other structural elements.
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.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799