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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/9/2025 has been entered.
Claim Objections
Claims 1, 11, and 14 are objected to because of the following informalities: Claim 1, line 5 should state “a liquid material” and line 17 should state “the liquid material”. Claim 11, line 5 should state “a liquid material” and line 17 should state “the liquid material”. Claim 14, line 5 should state “a liquid material” and line 18 should state “the liquid material”. Appropriate correction is required.
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.
Claim(s) 1, 5, 7-8, 11, 13-14, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piatetsky (US 6,530,378) in view of Logel et al. (US 10,773,869).
Piatetsky discloses a device of claims 1, 11, and providing a device claim 14, comprising a main body (4) comprising a first body (4) and a second body (11) (Figure 5), wherein the first body connects to the second body forming a cavity, wherein the first body comprises a plate receiving section (57) forming an opening to the cavity wherein the cavity acts as a liquid reservoir for storing a liquid material (50) (Figure 6), and wherein the second body comprises slots (13); a plate (28) connecting the first body at the plate receiving section; and bristles (16) connecting the second body in alignment with the slots, wherein the bristles comprise holes (23), wherein the holes align with the slots in the second body and wherein the bristles are tapered (shown in Fig. 10) wherein the plate demounts from the first body and allows for filling of a liquid material into the cavity and mounts to the first body sealing the first body, and wherein the liquid material flows from the cavity through the slots and through the holes (23) in the bristles for moisturizing hair and wherein the holes allow even distribution of the liquid material (see Figure 6; col. 6, lines 55-65). Piatesky discloses the claimed invention except for a plate receptor and the first body comprise a cut-section at the top positioned adjacent to the plate receiving section, a plate protrusion member wherein the plate protrusion member extends from a side of the plate and helps to connect the plate at the plate receptor; a sealing member wherein the sealing member mounts underneath the plate to help seal the plate to the first body. Summers teaches a container cap (11) comprising a plate receptor and the first body comprises a cut-section (24) at the top positioned adjacent to the plate receiving section, a plate protrusion member (12) wherein the plate protrusion member extends from a side of the plate and helps to connect the plate at the plate receptor; a sealing member (15) wherein the sealing member mounts underneath the plate (11) to help seal the plate to the first body (see Figure 6; col. 4, lines 55-60). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the lid of Piatesky be made with a plate receptor and sealing member as taught by Logel et al. to allow for a taper-proof lid. Claims 5 and 18, comprises a handle (5), wherein the handle connects to the main body (see Figures 5 and 6). Claims 7 and 20, the bristles detangle the hair (i.e. that is the result product of brushing hair.
Piatetsky discloses the claimed invention except for the liquid material is one of a hairdressing agents, a hair dye, a moisturizer, a protective agent shampoo, conditioner, and a hair restorer. It would have been an obvious matter of design choice to have the liquid of Piatetsky which discloses to be used on hair be one hairdressing agent, a hair dye, a moisturizer, a protective agent shampoo, conditioner, and a hair restorer, since applicant has not disclosed that liquid solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with any of these hair liquids.
Response to Arguments
Applicant's arguments filed 12/9/2025 have been fully considered but they are not persuasive.
In response to Applicant argument that Piatetsky discloses a fundamentally different structure because it utilizes an absorbent filler rather than a cavity that “acts as a liquid reservoir.” This argument is not persuasive. Piatetsky discloses a brush body defining an internal chamber that stores liquid material (Col. 5, Lines 39–44; Col. 6, Lines 19–24). The presence of an absorbent filler within the chamber does not negate the fact that the chamber functions as a liquid reservoir. A reservoir is broadly understood as a space for storing liquid, and the liquid in Piatetsky is indisputably stored within the internal cavity of the brush body. The absorbent filler merely regulates flow and does not structurally distinguish the claimed “cavity” in a patentable manner.
Applicant further argues that the claimed liquid distribution mechanism differs because the claims recite liquid flowing “from the cavity through the slots and through the holes in the bristles,” whereas Piatetsky uses absorbent feed rods and bores. This argument is not persuasive because both systems provide a fluid communication path from an internal liquid storage region through the bristles to the exterior.
In response to Applicant’s argument on the roller ball dispensing feature is unpersuasive. The roller ball disclosed in Piatetsky regulates application of liquid at the distal end of the bristle. The claims merely require that holes allow distribution of liquid material and do not exclude additional dispensing features.
In response to Applicant’s argument that Piatetsky relies on pressure generated by flexure of the base, whereas the claims allegedly recite gravity-based flow. However, the claims do not positively recite gravity-only flow or exclude pressure-assisted flow. The recited structure merely requires liquid to flow from the cavity through slots and bristle holes. Piatetsky discloses liquid movement from an internal storage region through bristle structures to the scalp, which meets the claimed functional limitation. Differences in the driving force of the liquid do not patentably distinguish the structure.
Regarding the additional structural limitations (cut-section, plate protrusion member, sealing member, and plate receptor configuration), Applicant argues that Piatetsky does not disclose these exact features. However, Logel et al. teaches projection portions and sealing skirt structures used to secure and seal components in liquid-containing assemblies (Col. 6, Lines 7–16). It would have been obvious to one of ordinary skill in the art to incorporate known sealing and projection configurations, such as those taught by Logel et al., into the refillable brush body of Piatetsky to improve sealing, manufacturability, and component retention. The combination merely applies known sealing and projection techniques to a known liquid-containing brush device, yielding predictable results.
In response to Applicant’s argument that the rejection lacks articulated reasoning is not persuasive. The rejection sets forth that Piatetsky teaches a liquid-containing brush having internal storage and fluid communication through bristles, and that Logel et al. teaches projection and sealing structures suitable for securing and sealing liquid-containing components. The rationale for combination is to improve sealing integrity and structural attachment in a refillable liquid applicator device. Such reasoning is supported by established principles that combining familiar elements according to known methods to yield predictable results is prima facie obvious.
Conclusion
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
2/17/2026