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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second head for cutting hair of claim 21 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 27,30 and 35 are 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 claims 27,30 and 35 the phrase “hair cut by the clipper head is prevented from entering the cavity” is unclear. It is unclear how the fan creates sufficient positive pressure to prevent all hair of all types, shapes, and sizes from being prevented from entering the cavity. For the purposes of examination, the limitation will be treated as preventing most hair from entering the cavity.
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 and 3-6, 11, 15, 20-21, 27, 29,30,32,35 are rejected under 35 U.S.C. 103 as being unpatentable over Toy (U.S. Patent Pub. No. 2015/0367521) in view of Lowy (U.S. Patent No. 3,364,568).
Regarding claim 1, Toy teaches an electric hair cutting device (100), comprising:
a housing (102) having a cavity (Figures 1-2 and Paragraph 0022);
a hair cutting module (104) coupled to a first end of the housing and configured for receiving a clipper head, the housing comprising a top surface (114) that is adjacent to and facing the clipper head when the clipper head is attached to a connector extending from the top surface (Figure 3 and Paragraphs 0023-0024);
a first motor positioned within the cavity for driving the clipper head when the clipper head is attached to the connector (Paragraphs 0007-0008); and
a cooling module (180) contained in the cavity (Examiner notes the housing is elongated and capable of being held by a user as a handle to perform the desired shaving functions), the cooling module comprising a fan (200)(Figure 8) driven by second motor within the housing (Paragraph 0032 and 0040; Paragraph 0032 notes the cooling system, including a fan, may be driven by a separate second motor).
Toy does not provide the housing having a plurality of pinholes in the top surface for delivering air to the clipper head, when the clipper head is attached to the connector and positioned in the top surface so that at least a portion of the air delivered directly strikes the clipper head for colling the clipper head; or
the cooling module having a plurality of pinholes in a bottom end of the housing to deliver the air to the plurality of pinholes on the top surface configured for cooling the head when attached to the housing; wherein the cooling module is arranged such that at least the portion of the air (1) passes between the first motor and a wall of the housing for cooling the first motor and (2) passes through the plurality pinholes in the top surface such that at least the portion of the air is directed toward the clipper head and blades of the clipper head upon exiting the plurality of pinholes.
Lowy teaches it is known in the art of shavers to incorporate a housing (74,63) with a top surface (55) including a plurality of pinholes (54,63) in the top surface for delivering air directly to a head (51,52)(Figures 15-17; Examiner notes there are several different through holes, notably 54, 63 in the top surface that allows for air to be delivered to the head 51); and
wherein a cooling unit (79, 77, 75, 71, 64) includes a plurality of pinholes (79) in a bottom end of the housing to deliver the air the plurality of pinholes on the top surface configured for cooling the head when attached to the housing (Figures 15-18; Col. 11, Lines 1-21, Lines 70-75 and Col. 12, Lines 1-27).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Toy to incorporate the teachings of Lowy to provide the top surface with a plurality of pinholes directing the airflow towards the head and the cooling module pinholes in the bottom of the housing to deliver the airflow to the top surface. Doing so allows for the fan to cool a user reducing friction and increasing comfort with when a user operates the shaver, and reduces irritation of the skin (Col. 9, Lines 39-44).
Regarding claim 3, the modified device of Toy teaches the electric hair-cutting device of claim 1, wherein the fan simultaneously cools the clipper head and the motor (Lowy Col. 12, Lines 3-43).
Regarding claim 4, the modified device of Toy teaches the electric hair-cutting device of claim 3, wherein the fan creates positive pressure in the housing (Lowy Figure 15 and Lowy Col. 12, Lines 3-43).
Regarding claim 5, the modified device of Toy teaches the electric hair-cutting device of claim 1, wherein the clipper head and the cooling module are modular (Toy Figure 2 and Paragraph 0032; Lowy Col. 11, Lines 61-75).
Regarding claim 6, the modified device of Toy teaches the electric hair-cutting device of claim 1, wherein the clipper head and the cooling module are integral (Examiner notes the parts to be integral when connected as shown in Figure 1 of Toy).
Regarding claim 11, the modified device of Toy teaches the electric hair-cutting device of claim 1, wherein the clipper head is removeable (Toy Figure 2).
Regarding claim 15, the modified device of Toy teaches the electric hair-cutting device of claim 4, wherein the fan is configured to be active even if the motor is not operating (Toy Paragraphs 0008 and 0032).
-Regarding claim 20, the modified device of Toy teaches the hair cutting device of claim 1, and wherein the top surface is substantially flat (Toy Figures 2 and 3).
-Regarding claim 21, the modified device of Toy teaches the hair cutting device of claim 1, and wherein the connector is configured for receiving a second head for cutting hair, wherein the second head is of a different type relative to the clipper head (Toy Figures 2-3; Paragraph 0026; Examiner notes the head it capable of being removed and replaced by a second head, and the blade may be different).
-Regarding claim 22, the modified device of Toy teaches the hair cutting device of claim 1, and wherein the top surface (114) is a surface directly between the clipper head and an inner cavity (Toy Figures 2 and 3 and Paragraph 0030).
-Regarding claim 23, the modified device of Toy teaches the hair cutting device of claim 1, and wherein the pinholes (79) are on a side of the bottom end (Lowy Figure 15 and 18).
-Regarding claim 24, the modified device of Toy teaches the hair cutting device of claim 23, and wherein the pinholes on the side of the bottom end are laterally disposed (Lowy Figure 15 and 18).
-Regarding claim 25, the modified device of Toy teaches the hair cutting device of claim 24, and wherein the laterally disposed pinholes are positioned in rectangular-shaped surfaces (76) (Figures 15 and 18) and circular (102) (Figures 21-22), but does not provide wherein the laterally disposed pinholes are positioned in trapezoidal-shaped surfaces.
In light of the various air inlets of Toy, one of ordinary skill in the art would have good reason to pursue air inlet positioning which are known to be useful for a particular cooling function. There are a finite number of possible surface shapes the air inlets may be arranged and allow for the fan to provide the cooling function. Thus, it would have been obvious to a person of ordinary skill in the art to try any reasonable surface shape to position the air inlets in an attempt to provide an improved cooling function for the shaving/trimmer device, as a person with ordinary skill has good reason to pursue the known options within his or her technical grasp with a reasonable expectation of success. KSR Int' l Co. V. Teleflex Inc. 550 U.S. _, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR).
-Regarding claim 26, the modified device of Toy teaches the hair cutting device of claim 1, and wherein the top surface is flat and is coupled to the connector for receiving the head (Toy Figures 2 and 3).
-Regarding claim 27, the modified device of Toy teaches the electric hair-cutting device of claim 1, wherein the fan is configured to create sufficient positive pressure within the cavity by blowing the air such that hair cut by the clipper head is prevented from entering the cavity (Lowy Figure 15 and Lowy Col. 12, Lines 3-43; Examiner notes the fan provided blows air outward from the cutting unit and is capable of preventing most hair from entering the cavity of the hair cutting device).
Regarding claim 29, Toy teaches an electric hair-cutting device(100), comprising: a housing (102) having a first end and a second end opposite of the first end, including a surface of the first end (114)
a removable clipper head (104) attached to the housing for cutting hair, the removable clipper head positioned adjacent to the surface such that the surface faces the removable clipper head (Figures 2 and 3);
a first motor positioned within the cavity and coupled to the removable clipper head for driving the removable clipper head (paragraph 007-008, 025);
a fan positioned within the cavity and configured to draw air into the cavity through at least one opening in the housing and blow the air past the first motor between the first motor and a wall of the housing, thereby cooling the first motor (Paragraphs 0007-0008, 0032, 0038),
a second motor positioned within the cavity and coupled to the fan for driving the fan (paragraph 0032).
Toy does not provide the surface of the first end has a plurality of pinholes, or wherein through the plurality of pinholes such that at least a portion of the air is directed toward the removable clipper head and blades of the removable clipper head upon exiting the plurality of pinholes and strikes the removable clipper head, thereby cooling the removable clipper head;
Lowy teaches it is known in the art of shavers to incorporate a housing (74,63) with a surface (55) including a plurality of pinholes (54,63) in the surface for delivering air directly to a hair cutting head (51,52)(Figures 15-17; Examiner notes there are several different through holes, notably 54, 63 in the surface that allows for air to be delivered to the head 51); and
wherein a cooling unit (79, 77, 75, 71, 64) includes a plurality of pinholes (79) in a bottom end of the housing such that at least a portion of the air is directed toward the removable hair cutting head and blades of the hair cutting head upon exiting the plurality of pinholes and strikes the head, thereby cooling the removable clipper head (Figures 15-18; Col. 11, Lines 1-21, Lines 70-75 and Col. 12, Lines 1-27).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Toy to incorporate the teachings of Lowy to provide the surface with a plurality of pinholes directing the airflow towards the hair cutting unit. Doing so allows for the fan to cool a user reducing friction and increasing comfort with when a user operates the shaver, and reduces irritation of the skin (Col. 9, Lines 39-44).
Regarding claim 30, the modified device of Toy teaches the electric hair-cutting device of claim 29, and wherein the fan is configured to create sufficient positive pressure within the cavity by blowing the air such that hair cut by the clipper head is prevented from entering the cavity (Lowy Figure 15 and Lowy Col. 12, Lines 3-43; Examiner notes the fan provided blows air outward from the cutting unit and is capable of preventing most hair from entering the cavity of the hair cutting device)
Regarding claim 32, the modified device of Toy teaches the electric hair-cutting device of claim 29, further comprising a controller configured to activate the fan when the head is activated Toy Paragraphs 0022 and 0032).
Regarding claim 35, the modified device of Toy teaches the electric hair-cutting device of claim 29, wherein the fan is configured to create sufficient positive pressure within the cavity by blowing the air such that hair cut by the removable clipper head is prevented from entering the cavity (Lowy Figure 15 and Lowy Col. 12, Lines 3-43; Examiner notes the fan provided blows air outward from the cutting unit and is capable of preventing most hair from entering the cavity of the hair cutting device).
Claims 7, 28 and 31, 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Toy (U.S. Patent Pub. No. 2015/0367521) in view of Lowy (U.S. Patent No. 3,364,568) as applied to claim 1 above, and further in view of Morris (U.S. Patent No. 3,604,915).
Regarding claim 7, the modified device of Toy teaches the modular electric hair-cutting device 1, except comprising a processor configured for receiving data indicative of a temperature from at least one sensor contained in the housing and comparing the temperature to a threshold temperature, the processor further configured to increase or decrease a speed of the fan depending upon a comparison of the data indicative of the temperature and the threshold temperature to cool the motor and/or an interior of the housing.
Regarding claim 7, Morris teaches a hair-cutting device including a processor (Paragraph 0018) configured for receiving data indicative of a temperature from at least one sensor (120) contained in the housing and comparing the temperature to a threshold temperature (Paragraph 0026), the processor further configured to increase or decrease the fan speed depending upon a comparison of the data indicative of the temperature and the threshold temperature to cool the motor and/or an interior of the housing (Paragraphs 0027, 0029, 0032-0033).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Toy to incorporate the teachings of Morris to provide the shaving device with a processing unit for controlling temperature. In doing so, it allows for more accurate and precise temperature control during use.
-Regarding claims 28 and 31, the modified device of Toy teaches the electric hair-cutting device of claims 1 and 29 respectively, further comprising: a heat pipe extending from the clipper head into the cavity (Toy Paragraph 0041-0042);
Morris teaches a hair-cutting device including a controller (Paragraph 0018) and a temperature sensor (120) contained in the housing and comparing the temperature to a threshold temperature (Paragraph 0026), the controller configured to increase or decrease the fan speed depending upon a comparison of the data indicative of the temperature and the threshold temperature to cool the motor and/or an interior of the housing (Paragraphs 0027, 0029, 0032-0033).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Toy to incorporate the teachings of Morris to provide the controller with a temperature sensor for controlling internal temperature. In doing so, it allows for more accurate and precise temperature control during use.
Thus, the modified device of Toy in view of Morris provides a heat pipe extending from the clipper head into the cavity (Toy (Paragraph 0041-0042); a temperature sensor positioned within the cavity (Morris Paragraph 0026) and configured to sense a temperature of the heat pipe (Morris Paragraph 0026 and Toy Paragraph 0041); and a controller (Toy Paragraph 0022 and Morris Paragraph 0018 and 0027) configured to control the second motor based on the temperature sensed by the temperature sensor (Toy Paragraph 0041-0042 and Morris Paragraphs 0027-0029 and 0032).
Regarding claim 33, the modified device of Toy provides the electric hair-cutting device of claim 32, but does not provide further comprising a first temperature sensor for sensing a temperature within the cavity, wherein the controller is configured to control the fan based on the first temperature sensor.
Morris teaches a hair-cutting device including a controller (Paragraph 0018) and a first temperature sensor (120) for sensing a temperature within the cavity (Paragraph 0026), wherein the controller is configured to control the fan based on the first temperature sensor (Paragraph 0027 and 0033).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Toy to incorporate the teachings of Morris to provide the shaving device with a processing unit for controlling temperature. In doing so, it allows for more accurate and precise temperature control during use.
Regarding claim 34, the modified device of Toy teaches the electric hair-cutting device of claim 33, does not provide further comprising a second temperature sensor for sensing a temperature of the clipper head, wherein the controller is configured to control the fan based on the second temperature sensor.
In light of Lowy and Morris, modifying Toy with any reasonable number of temperature sensors for sensing a temperature of the clipper head, would be a mere duplication of the essential working parts of the device and involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Toy to incorporate multiple temperature sensors as doing so allows for various temperature checks on the clipper head to prevent overheating of the device during use.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Toy (U.S. Patent Pub. No. 2015/0367521) in view of Lowy (U.S. Patent No. 3,364,568) as applied to claim 1 above, and further in view of Wahl (U.S. Patent No. 3,604,915).
Regarding claim 17 the modified device of Morris teaches the electric hair-cutting device of claim 1, but does not provide wherein a lever is coupled to a movable blade and when actuated increases a distance between a stationary blade and the movable blades to vary hair length.
Wahl teaches it is known in the art of hair trimmers to incorporate a lever (17) to vary cutting length between two blade members (Col. 2, Lines 46-50 and Figure 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the device of Morris to incorporate the teachings of Wahl to provide a lever to vary cutting length. In doing so, it allows for a variety of trimming length cuts as desired by the user.
Response to Arguments
Applicant’s arguments noting the previous 112 rejections are noted, and the 112 rejections are withdrawn in light of the new claim amendments.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As noted in the rejection above, it is the combination of Toy in view of Lowy that provides for the necessary structural elements, such as a hair clipper head, and the entirety of Lowy has not been incorporated, merely that it is known within hair cutting to include a cooling function applied to Toy.
Applicant’s arguments with respect to claims have been considered but are not persuasive. Applicant’s arguments concerning element 64 previously cited is noted but not persuasive. As previously discussed in the interview on 07/10/2025, the reference character designation was a typographical error, and the correct element is reference character 63.
Applicant’s further arguments regarding the air outlet (54) of Lowy are noted but not persuasive. Examiner notes the airflow of Lowy is directed out, but as the air is a gas, the airflow will directly strike the cutting elements of Loy upon exiting the cutting head. As such, the prior art reads upon the current interpretation, that at least a portion of the air is directed towards the head to “directly strike” the head.
See Lowy Figures 15-16 and Col. 12 Lines 3-9 "this cooled air current will flow into the slots 42 of the shaver and downwardly through the same as previously explained and indicated by the small arrows in FIG. 15. Some of this cooled air will flow through the vertical apertures 63 of the shaver head and thereby dissipate the heat resulting from operation of the rotary cutting element 52 of the shaver head.
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 RICHARD D CROSBY JR whose telephone number is (571)272-8034. The examiner can normally be reached Monday-Friday 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Eiseman can be reached on 571-270-3818. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD D CROSBY JR/ 10/31/2025Examiner, Art Unit 3724 /ADAM J EISEMAN/Supervisory Patent Examiner, Art Unit 3724