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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08 December 2025 has been entered.
Drawings
Examiner notes that in Applicant’s Remarks of 09 December 2025, Applicant states that Applicant is currently generating updated figures to illustrate the elements of Figure 6 and overcome the other objections, and that the updated drawings would be filed subsequently.
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 elements of claim 6, specifically the piece of tubing coupled to a distributer manifold capable of transporting the hair care product from the reservoir to each aperture of the plurality of a plurality of apertures corresponding to each of the plurality of nozzle applicators, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Additionally, the drawings are objected to because of the following:
Drawings are blurry and unclear- specifically, it is unclear which elements are the nozzle applicators, and which are the bristles.
Each figure shows multiple embodiments in one Figure. This is incorrect form, and each embodiment should be labeled as its own Figure, such as Figures 1a, 1b, 1c, Figures 2a, 2b, 2c, etc.
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.
Additionally, the examiner notes that the Specification should be modified to show the changes made to the drawings. Each figure should be appropriately addressed in the specification. No new matter should be entered.
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the drawings filed 13 April 2022 are grayscale (Figs. 1-5). The currently provided Figs. 1-5 do not constitute black and white line drawings as required by CFR 1.84 and the provided figures do not provide a clear indication of where one element begins and another ends, especially the figures which appear to show a translucent view of the invention, such as in the below screenshot:
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See MPEP 608.02 (VII) (B). Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Objections
Claims 2, 7 and 15 are objected to because of the following informalities:
Examiner suggests amending claim 2 line 2 to “the plurality of nozzle applicators”.
Examiner suggests amending claim 7 line 5 to “that is separate”.
Examiner suggests amending claim 15 line 5 to “that is separate from [[the]]a cylindrical portion”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As to claim 1, “wherein the plurality of nozzle applicators include a first spherical tip portion that is larger than a second spherical tip of a plurality of bristles” in lines 11-13 appears to be new matter. The specification does not appear to provide such a description, as the specification describes the bristles of the invention as being thicker than other embodiments of the invention in p. 7 lines 17-19, and describes how the bristles may have a small spherical shape on one end in p. 10 lines 21-23 but does not describe the plurality of nozzle applicators having a first spherical tip portion that is larger than a second spherical tip of a plurality of bristles. Figure 1 appears to show bristles 104 and nozzle applicators 103 with spherical tip portions, however instead of the plurality of nozzle applicators including a first spherical tip portion that is larger than a second spherical tip of a plurality of bristles, it appears that the spherical tip portions of the bristles 104 are larger than the spherical tip portions of the bristles 103. Finally, such was not originally claimed. Thus, “wherein the plurality of nozzle applicators include a first spherical tip portion that is larger than a second spherical tip of a plurality of bristles” in lines 11-13 constitutes new matter. Examiner suggests amending claim 1 to clarify.
Claims 2-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, for their dependence on one or more rejected base and/or intervening claims.
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 7-14 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.
Claim 4 recites the limitation "a brush head" in line 2. This limitation is confusing as claim 1 recites the limitation “a head portion” in line 3, and it is unclear if the limitation “a brush head” is intended to refer to the head portion of claim 1 line 3 or refer to a different brush head. In light of Figure 1, Examiner will interpret the limitation “a brush head” of claim 4 as referring to the head portion of claim 1 line 3, and suggests amending to clarify.
Claim 7 recites the limitation "a crest of a wave formation formed opposite the handle" in lines 14-15. This limitation is unclear as the limitation “wave formation” is not found in the Specification, and it is unclear if the “wave formation” refers to the plurality of indented regions, a structure separate from the plurality of indented regions, a formation of the bristles and nozzles, a shape of the brush, or another limitation. In light of Figure 2, for purposes of examination, Examiner will interpret the limitation “wave formation” as referring to a shape of the brush body, and suggests Applicant amend to clarify.
Claims 8-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for their dependence on one or more rejected base and/or intervening claims.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Enriquez (U.S. Patent No. 20070144549) in view of Grez (U.S. Pub. No. 2016/0166032 A1) in view of Pusskailer (DE 3711889 A1and translated PDF).
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In regard to claim 1, Enriquez discloses a substance applicator device (100 in Fig. 1, Figs. 1-5B), comprising:
a first cylindrical structure (1st cylindrical structure in annotated Fig. 2) that forms a handle portion (101 in Fig. 2) that is combined perpendicularly to a curved side of a second cylindrical structure (2nd cylindrical structure in annotated Fig. 2, Fig. 1) to form a head portion (107 in Fig. 2), wherein the first cylindrical structure includes a first hollow core (Fig. 5A, interior of handle 101 is hollow) that is connected to a second hollow core (Fig. 5A, interior of head 107 is hollow) of the second cylindrical structure (Fig. 5A);
a reservoir (301 in Fig. 3C) positioned within the first hollow core of the handle portion (Fig. 3C), wherein the reservoir includes an enclosure that is separate from the handle and head portions (Fig. 3C, interior of 301, para. 0018);
an actuation device (105 in Fig. 2) that is coupled to the handle and coupled to the reservoir to pressurize the reservoir (paras. 0017-0018); and
a plurality of nozzle applicators (109, 110, 111 in Fig. 5A) as an outlet for dispensing the hair care product from the device, and a plurality of bristles (108 in Fig. 1, para. 0015).
Enriquez does not disclose an input port coupled to the reservoir to fill a hair care product into the reservoir; wherein the plurality of nozzle applicators include a first spherical tip portion that is larger than a second spherical tip of a plurality of bristles.
Grez teaches an apparatus (Figs. 1-2) comprising a handle portion (handle in annotated Fig. 1); a reservoir (reservoir in annotated Fig. 1) positioned within the handle (Fig. 1); an input port (20 in Fig. 1) coupled to the reservoir to fill a hair care product into the reservoir (para. 0012); and a plurality of nozzle applicators (29 in Fig. 1) as an outlet for dispensing the hair care product from the device (para. 0013), wherein the plurality of nozzle applicators include a first tip portion that is larger than a second tip of a plurality of bristles (para. 0013 and 0015; diameter of nozzle opening 30 is approximately 0.1 inches in diameter while the bristle tufts 31 of ten bristles are approximately 0.1 inches in diameter, meaning a nozzle tip portion is larger than a single bristle).
Pusskailer teaches an apparatus (Figs. 1-6) comprising a plurality of nozzle applicators (22A in Fig. 3) as an outlet for dispensing a hair care product from the device (para. 0022), wherein the plurality of nozzle applicators include a first spherical tip portion (1st tip in annotated Fig. 3, para. 0022) and a plurality of bristles (22 in Fig. 3) including a second spherical tip (2nd tip in annotated Fig. 3, para. 0022).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of devices for applying substances to hair.
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 device of Enriquez by adding an input port coupled to the reservoir to fill a hair care product into the reservoir as taught by Grez in order to allow for a fluid-tight connection allowing for secure mating between the reservoir and a fluid storage or mixing unit (Grez para. 0012).
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 nozzle applicators of Enriquez by specifying the plurality of nozzle applicators include a first tip portion that is larger than a second tip of a plurality of bristles as taught by Grez in order to allow the nozzles to distribute fluid onto the hair while the bristles act as a standoff from the scalp (Grez paras. 0013 and 0015).
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 nozzle applicators and bristles of Enriquez in view of Grez by specifying the first tip portion of the plurality of nozzle applicators is spherical and the second tip of the plurality of bristles is spherical as taught by Pusskailer in order to prevent injury to the scalp when using the device and therefore increase the user comfort (Pusskailer para. 0006).
In regard to claim 2, Enriquez in view of Grez in view of Pusskailer discloses the invention of claim 1. Enriquez further teaches wherein the plurality of bristles and the plurality of nozzle applicators are oriented to evenly distribute a hair care product onto a surface (108, 109, 110, 111 in Fig. 1, are evenly spaced for even distribution of product to the hair).
In regard to claim 3, Enriquez in view of Grez in view of Pusskailer discloses the invention of claim 2. Enriquez further discloses wherein the actuation device (105 in Fig. 1) is a spring loaded push button (paras. 0017-0018) that can be depressed to dispense the hair care product through the plurality of nozzle applicators (paras. 0018-0019, spring 307 is compressed by the plunger 402 when trigger 105 is pressed, moving the fluid through the chambers and out the openings).
In regard to claim 4, Enriquez in view of Grez in view of Pusskailer discloses the invention of claim 1. Enriquez further discloses wherein the plurality of bristles (108 in Fig. 1) and the plurality of nozzle applicators (109, 110, 111 in Fig. 1) are inter-spaced on a brush head that is coupled to the handle portion (Fig. 1).
In regard to claim 5, Enriquez in view of Grez in view of Pusskailer discloses the invention of claim 4. Enriquez further discloses wherein the plurality of nozzle applicators (109, 110, 111 in Fig. 1) are offset from a length of the plurality of bristles such that the plurality of bristles are longer than the plurality of nozzle applicators (Fig. 1; plurality of nozzle applicators are openings in the brush head, whereas the bristles protrude out from the brush head making them longer than the nozzle applicators).
In regard to claim 6, Enriquez in view of Grez in view of Pusskailer discloses the invention of claim 5. Enriquez further discloses wherein the reservoir (301 in Fig. 3C) is coupled to the plurality of nozzle applicators (109, 110, 111 in Fig. 1) by a piece of tubing (303, 106, 304 in Figs. 3A and 5A) coupled to a distributor manifold (502, 503, 504 in Fig. 5A) capable of transporting the hair care product from the reservoir to each aperture of a plurality of apertures corresponding to each of the plurality of nozzle applicators (paras. 0017-0018, fluid loading chamber 106 coupled to first and second hoses 303 and 304, respectively, and goes out the distributor manifold, or branches 502, 503, and 504, which transports the hair out of the openings 109, 110, 111, respectively).
Claims 7-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Enriquez in view of Pilevsky et al (U.S. Publication No. 2018/0153295 A1, hereinafter “Pilevsky”) in view of Grez in view of GMBH (DE 202013005482 U1 and translated PDF).
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In regard to claim 7, Enriquez discloses a substance applicator device (100 in Fig. 1, Figs. 1-5B), comprising:
a single structure that includes a handle portion (101 in Fig. 2) and a head portion (107 in Fig. 2) with a hollow core (Fig. 5A, interior is hollow);
a reservoir (301 in Fig. 3C) positioned within the hollowed out core of the handle portion (Fig. 3C), wherein the reservoir includes an enclosure that is separate from the single structure (Fig. 3C, interior of 301, para. 0018);
an actuation device (105 in Fig. 2) that is coupled to the handle portion and coupled to the reservoir to pressurize the reservoir (paras. 0017-0018);
a plurality of nozzle applicators (109, 110, 111 in Fig. 5A) as an outlet for dispensing the hair care product from the reservoir (para. 0013), and
a plurality of bristles (108 in Fig. 1, para. 0015) oriented in a configuration with the plurality of nozzle applicators (Fig. 1), wherein the plurality of bristles are longer than the plurality of nozzle applicators (Fig. 1; plurality of nozzle applicators are openings in the brush head, whereas the bristles protrude out from the brush head making them longer than the nozzle applicators),
Enriquez does not disclose that the structure is a single cylindrical structure;
an input port coupled to a surface of the handle and coupled to the reservoir to insert a hair care product into the reservoir;
a plurality of indented regions formed within the head portion of the single cylindrical structure, wherein the plurality of indented regions are arranged along one side of the cylindrical structure;
wherein the plurality of nozzles are positioned at a crest of a wave formation formed opposite the handle;
wherein the plurality of bristles is positioned within the plurality of indented regions such that a tip of the plurality of bristles are the same height as the plurality of nozzle applicators.
Pilevsky teaches a similar apparatus (Figs. 1-12, Abstract) comprising a single cylindrical structure (21 in Fig. 4) that includes a handle portion (23 in Fig. 4) and a head portion (head portion in annotated Fig. 4) with a hollow core (Fig. 8, housing 21 defines large interior space, para. 0026).
Grez teaches an apparatus (Figs. 1-2) comprising a handle portion (handle in annotated Fig. 1); a reservoir (reservoir in annotated Fig. 1) positioned within the handle (Fig. 1);
an input port (20 in Fig. 1) coupled to the reservoir to fill a hair care product into the reservoir (para. 0012); and a plurality of nozzle applicators (29 in Fig. 1) as an outlet for dispensing the hair care product from the device (para. 0013),
a plurality of indented regions (indents in annotated Fig. 1) formed within the head portion of the structure (Fig. 1), wherein the plurality of indented regions are arranged along one side of the structure (Fig. 1);
wherein the plurality of nozzles are positioned at a crest of a wave formation (crest in annotated Fig. 1) formed opposite the handle (annotated Fig. 1);
wherein a plurality of bristles (31 in Fig. 1) is positioned within the plurality of indented regions (annotated Fig. 1).
GMBH teaches an apparatus (Figs. 1-7) comprising a plurality of indented regions (indented regions in annotated Fig. 7), wherein a plurality of bristles (5 in Fig. 7) is positioned within the plurality of indented regions (annotated Fig. 7) such that a tip of the plurality of bristles in the indents are the same height as a plurality of protrusions positioned at a crest (Fig. 7).
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 single structure of Enriquez to be shaped as a single cylindrical structure as taught by Pilevsky in order to allow the device to be self-standing (Pilevsky para. 0031) allowing for storage of the device.
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 device of Enriquez in view of Pilevsky by adding an input port coupled to a surface of the handle and coupled to the reservoir to fill a hair care product into the reservoir as taught by Grez in order to allow for a fluid-tight connection allowing for secure mating between the reservoir and a fluid storage or mixing unit (Grez para. 0012).
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 device of Enriquez in view of Pilevsky by adding an input port coupled to a surface of the handle and coupled to the reservoir to fill a hair care product into the reservoir as taught by Grez in order to allow for a fluid-tight connection allowing for secure mating between the reservoir and a fluid storage or mixing unit (Grez para. 0012).
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 head portion, nozzle applicators and bristles of Enriquez in view of Pilevsky by specifying that a plurality of indented regions is formed within the head portion of the structure, wherein the plurality of indented regions are arranged along one side of the structure; wherein the plurality of nozzles are positioned at a crest of a wave formation formed opposite the handle; wherein the plurality of bristles is positioned within the plurality of indented regions as taught by Grez in order to allow the nozzles to distribute fluid onto the hair throughout the hairline, the roots and the remainder of the hair (Grez paras. 0013 and 0016).
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 bristles of Enriquez in view of Pilevsky in view of Grez by specifying that the plurality of bristles is positioned within the plurality of indented regions such that a tip of the plurality of bristles are the same height as the protrusions at the crest as taught by GMBH in order to promote demoldability during manufacturing (GMBH para. 0040) and allow for flexibility of the bristles (para. 0045).
In regard to claim 8, Enriquez in view of Pilevsky in view of Grez in view of GMBH discloses the invention of claim 7. Enriquez further discloses wherein the actuation device (105 in Fig. 1) is a spring loaded push button (paras. 0017-0018) that can be depressed to increase a pressure within the reservoir to dispense the hair care product from the plurality of nozzle applicators (paras. 0018-0019; spring 307 is compressed by the plunger 402 when trigger 105 is pressed, moving the fluid through the chambers and out the openings).
In regard to claim 9, Enriquez in view of Pilevsky in view of Grez in view of GMBH discloses the invention of claim 8. Enriquez further discloses wherein the plurality of nozzle applicators (109, 110, 111 in Fig. 5A) are offset from the length of the plurality of bristles (108 in Fig. 1) such that the plurality of bristles would be longer than the plurality of nozzle applicators (Fig. 1; plurality of nozzle applicators are openings in the brush head, whereas the bristles protrude out from the brush head making them longer than the nozzle applicators).
In regard to claim 10, Enriquez in view of Pilevsky in view of Grez in view of GMBH discloses the invention of claim 9. Enriquez further discloses wherein the plurality of bristles and the plurality of nozzle applicators are inter-spaced on a brush head that is coupled to the handle portion (Fig. 1).
In regard to claim 11, Enriquez in view of Pilevsky in view of Grez in view of GMBH discloses the invention of claim 10. Enriquez further discloses wherein a pattern of bristles and nozzle applicators is oriented in an oval with a long axis running parallel to the length of the handle portion (Fig. 1; oval brush head with long axis parallel to the handle).
In regard to claim 12, Enriquez in view of Pilevsky in view of Grez in view of GMBH discloses the invention of claim 7. Enriquez further discloses wherein the plurality of bristles are semi rigid (para. 0016, brush may be made of plastic or aluminum). Enriquez does not disclose wherein the plurality of bristles are a same length as the handle portion.
However, the examiner notes that the configuration of the plurality of bristles being the same length as the handle is merely a matter of design choice that has been deemed to be of the skill of the ordinary artisan. The specification and drawings provide no support towards a significant result of this configuration. It merely involves a change in size of the bristles, and therefore would be well within the skill of the ordinary artisan to modify the size of the bristles. See MPEP 2144.04 IV. A.
In regard to claim 13, Enriquez in view of Pilevsky in view of Grez in view of GMBH discloses the invention of claim 12. Enriquez further discloses wherein a pattern of bristles and nozzle applicators are oriented in a single row (Fig. 1; nozzle applicators are in a single row in the middle of the brush with bristles interspaced in between, in addition to other bristles on the brush). Enriquez does not disclose wherein the pattern of bristles and nozzle applicators are oriented in a single row running perpendicular to the length of the handle portion.
However, the examiner notes that the orientation of the single row of the nozzle applicators and bristles being perpendicular would merely involve a rearrangement of parts (the nozzles to be perpendicularly aligned as claimed) of Enriquez in view of Pilevsky in view of Grez in view of GMBH. The rearrangement of nozzle applicators to be perpendicular from parallel is deemed to be of the skill of the ordinary artisan. The specification and drawings provide no support towards a significant result of this configuration. It merely involves a rearrangement of parts, and therefore would be well within the skill of the ordinary artisan to rearrange the orientation of the row of nozzle applicators. See MPEP 2144.04 VI. C.
In regard to claim 14, Enriquez in view of Pilevsky in view of Grez in view of GMBH discloses the invention of claim 13. wherein the plurality of nozzle applicators are positioned in a center of the single row and on the two ends with the plurality of bristles spaced between (Fig. 1; openings 109 and 111 are on either end of the brush with 110 in the middle, and bristles spaced between each opening).
In regard to claim 15, Enriquez discloses a substance applicator device (100 in Fig. 1, Figs. 1-5B), comprising:
a single structure that includes a handle portion (101 in Fig. 2) and a head portion (107 in Fig. 2) with a hollow core (Fig. 5A, interior is hollow);
a reservoir (301 in Fig. 3C) positioned within the hollowed out core of the handle portion (Fig. 3C), wherein the reservoir includes an enclosure that is separate from a cylindrical portion (Fig. 3C, interior of 301 separate from 1st cylindrical structure in annotated Fig. 2, para. 0018);
a push button actuation device (105 in Fig. 2) that can be depressed to dispense hair care product from the reservoir (paras. 0017-0019);
a plurality of nozzle applicators (109, 110, 111 in Fig. 5A) as an outlet for dispensing the hair care product from the reservoir (para. 0013); and
a plurality of bristles (108 in Fig. 1, para. 0015), wherein the plurality of bristles are positioned between the plurality of nozzle applicators (Fig. 1).
Enriquez does not disclose that the structure is a single cylindrical structure;
an input port coupled to a surface of the handle portion and coupled to the reservoir to insert a hair care product into the reservoir;
a plurality of indented regions formed within the head portion of the single cylindrical structure, wherein the plurality of indented regions are arranged along one side of the cylindrical structure;
wherein the plurality of nozzles are positioned on a perimeter of the plurality of the indented regions;
wherein the plurality of bristles is oriented in a linear formation with the plurality of nozzle applicators, wherein the plurality of bristles are positioned between the plurality of nozzle applicators within the plurality of indented regions such that a tip of the plurality of bristles are the same height as the plurality of nozzle applicators.
Pilevsky teaches a similar apparatus (Figs. 1-12, Abstract) comprising a single cylindrical structure (21 in Fig. 4) that includes a handle portion (23 in Fig. 4) and a head portion (head portion in annotated Fig. 4) with a hollow core (Fig. 8, housing 21 defines large interior space, para. 0026).
Grez teaches an apparatus (Figs. 1-2) comprising a handle portion (handle in annotated Fig. 1); a reservoir (reservoir in annotated Fig. 1) positioned within the handle (Fig. 1);
an input port (20 in Fig. 1) coupled to a surface of the handle portion (annotated Fig. 1) and coupled to the reservoir to insert a hair care product into the reservoir (para. 0012); and
a plurality of indented regions (indents in annotated Fig. 1) formed within the head portion of the structure (Fig. 1), wherein the plurality of indented regions are arranged along one side of the structure (Fig. 1);
a plurality of nozzle applicators (29 in Fig. 1) as an outlet for dispensing the hair care product from the reservoir (para. 0013) wherein the plurality of nozzles are positioned on a perimeter of the plurality of the indented regions (annotated Fig. 1);
wherein a plurality of bristles (31 in Fig. 1) is oriented in a linear formation (Fig. 1) with the plurality of nozzle applicators (Fig. 1), wherein the plurality of bristles are positioned between the plurality of nozzle applicators within the plurality of indented regions (Fig. 1).
GMBH teaches an apparatus (Figs. 1-7) comprising a plurality of indented regions (indented regions in annotated Fig. 7), wherein a plurality of bristles (5 in Fig. 7) is positioned such that a tip of the plurality of bristles in the indents are the same height as a plurality of protrusions positioned at a crest (Fig. 7).
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 single structure of Enriquez to be shaped as a single cylindrical structure as taught by Pilevsky in order to allow the device to be self-standing (Pilevsky para. 0031) allowing for storage of the device.
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 device of Enriquez in view of Pilevsky by adding an input port coupled to a surface of the handle portion and coupled to the reservoir to insert a hair care product into the reservoir as taught by Grez in order to allow for a fluid-tight connection allowing for secure mating between the reservoir and a fluid storage or mixing unit (Grez para. 0012).
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 head portion, nozzle applicators and bristles of Enriquez in view of Pilevsky by specifying that a plurality of indented regions formed within the head portion of the structure, wherein the plurality of indented regions are arranged along one side of the structure; wherein the plurality of nozzles are positioned on a perimeter of the plurality of the indented regions; wherein the plurality of bristles is oriented in a linear formation with the plurality of nozzle applicators, wherein the plurality of bristles are positioned between the plurality of nozzle applicators within the plurality of indented regions as taught by Grez in order to allow the nozzles to distribute fluid onto the hair throughout the hairline, the roots and the remainder of the hair (Grez paras. 0013 and 0016).
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 bristles of Enriquez in view of Pilevsky in view of Grez by specifying that the plurality of bristles is positioned such that a tip of the plurality of bristles in the indents are the same height as a plurality of protrusions positioned at a crest as taught by GMBH in order to promote demoldability during manufacturing (GMBH para. 0040) and allow for flexibility of the bristles (para. 0045).
In regard to claim 16, Enriquez in view of Pilevsky in view of Grez in view of GMBH disclose the invention of claim 15. Enriquez further discloses wherein the plurality of bristles (108 in Fig. 1) are made out of a material that has a stiffness to allow the plurality of bristles to bend and then return to an original orientation without deformation (para. 0016, plastic, rubber).
In regard to claim 18, Enriquez in view of Pilevsky in view of Grez in view of GMBH disclose the invention of claim 15, wherein the plurality of nozzle applicators are spaced evenly (Fig. 1).
In regard to claim 19, Enriquez in view of Pilevsky in view of Grez in view of GMBH disclose the invention of claim 18, wherein a pattern of bristles and nozzle applicators is oriented in an oval with a long axis running parallel to a length of the handle portion (Fig. 1).
In regard to claim 20, Enriquez in view of Pilevsky in view of Grez in view of GMBH disclose the invention of claim 15. Enriquez further discloses wherein the plurality of bristles are spaced in between the plurality of nozzle applicators (Fig. 1). Enriquez does not disclose wherein the plurality of nozzle applicators are spaced in a diamond configuration.
However, the examiner notes that the diamond configuration of the nozzle applicators and bristles spaced throughout is merely a matter of design choice which has been deemed to be of the skill of the ordinary artisan. The specification and drawings provides no support towards a significant result of this configuration. Therefore it would be well within the skill of the ordinary artisan to modify the bristle and nozzle applicator configuration to be in a diamond configuration because it is deemed as merely a matter of design choice. See MPEP 2144.04 IV.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Enriquez in view of Pilevsky in view of Grez in view of GMBH in view of Matson (U.S. Patent No. 2624348).
In regard to claim 17, Enriquez in view of Pilevsky in view of Grez in view of GMBH discloses the invention of claim 16. Enriquez does not disclose wherein the plurality of bristles is spaced in linearly in a single row running perpendicular to a length of the handle.
Matson teaches an apparatus with a plurality of bristles (teeth 11), wherein the plurality of bristles is spaced in linearly in a single row running perpendicular to a length of the handle (Fig. 4; handle 20 is vertical while the row of bristles are spaced linearly on horizontal head 10).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of devices for applying substances to hair.
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 device of Enriquez in view of Pilevsky in view of Grez in view of GMBH by specifying the plurality of bristles is spaced in linearly in a single row running perpendicular to a length of the handle as taught by Matson in order to provide a brush that may evenly distribute product horizontally across the scalp.
Response to Arguments
Applicant’s arguments filed 09 December 2025 with respect to the rejections of the claims 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.
Examiner notes that in the above rejection, claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Enriquez n view of Grez in view of Pusskailer, and claims 7-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Enriquez in view of Pilevsky in view of Grez in view of GMBH, and claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Enriquez in view of Pilevsky in view of Grez in view of GMBH in view of Matson.
Applicant is directed to the rejections in view of the amendments.
Conclusion
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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772