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 .
Response to Amendment
The Examiner acknowledges the amendments to claims 1, 4, 6, 9, 22 and 24 and the addition of new claim 25.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-5, 10-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Haraguchi (US 4,614,036 A) in view of Danmola (US 2020/0230832 A1).
Regarding claim 1, Haraguchi teaches a hair cutting kit (Haraguchi, Fig. 1-10), in particular a hair cutting kit for body hair trimming, comprising:
a handle (Haraguchi, Fig. 1 and 6, 21);
a cutting unit (Haraguchi, Fig. 1, 30) comprising a stationary blade (Haraguchi, Fig. 6, 32) and a moveable blade (Haraguchi, Fig. 6, 33), the stationary blade comprising a row of first blade teeth (Haraguchi, Fig. 5, 32A) having free first blade tooth ends (Haraguchi, Fig. 1, E), the moveable blade being configured to reciprocate relative to the stationary blade (Haraguchi, Col. 2, lines 60-66); and
a comb (Haraguchi, Fig. 1, 1) configured to be reversibly releasably assembled with the cutting unit (Haraguchi, Col. 4, lines 25-30) and having a skin-facing outer surface (Haraguchi, Fig. 6, 4) configured to face away from said handle in a longitudinal direction of said handle when the comb is assembled with the cutting unit (see annotated image 1 of Fig. 6 (Haraguchi) below), the comb comprising:
a base portion (Haraguchi, Fig. 1, 2) opposite the skin-facing outer surface and configured to face the handle when the comb is assembled with the cutting unit (Haraguchi, Fig. 1, 21), and
a row of comb teeth (Haraguchi, Fig. 1, 7), wherein the row of comb teeth extends in a first direction (Haraguchi, Col. 4, lines 47-53) and adjacent comb teeth are separated along the first direction by gaps (Haraguchi, Fig. 1, 7), wherein each comb tooth extends from said base portion toward said skin-facing outer surface, each comb tooth of Haraguchi extends from the base portion toward the said skin-facing outer surface, wherein each comb tooth has a mid-plane that is transverse to the first direction and wherein each comb tooth extends along the mid-plane of the comb tooth (see annotated image 1 of Fig. 2 (Haraguchi) below),
wherein some or all of the comb teeth comprise, on an outer face (Haraguchi, Fig. 3, 3 and 4) that is arranged to face away from the stationary blade and from the moveable blade,
a skin surface (Haraguchi, Fig. 3, 4) configured to glide on a user's skin and to face way from said handle in the longitudinal direction when said comb is assembled with the cutting unit (see annotated image 1 of Fig. 6 (Haraguchi) below),
a feeding surface (see annotated image 1 of Fig. 3 (Haraguchi) below) connected to said base portion (see annotated image 1 of Fig. 3 (Haraguchi) below), the feeding surface is connected to the base portion through a transition surface, the feeding surface being positioned forward of the distal ends of the stationary and moveable blade (see annotated image 1 of Fig. 6 (Haraguchi) below), and skin-facing surface configured to feed hairs towards the cutting unit, the feeding surface of Haraguchi is capable of feeding hairs as it contacts hairs in front of the blades, and
a transition surface (Haraguchi, Fig. 3, 10) disposed between the skin surface and the feeding surface,
wherein the skin surface has a first surface contour line extending in a first plane orthogonal to the mid-plane and having a first radius of curvature (Rs) (see annotated image 1 of Fig. 4 (Haraguchi) below), although Haraguchi does not specifically disclose a plane on the skin surface that is orthogonal to a mid-plane it should be appreciated that a plane orthogonal to the mid-plane shown in annotated image 1 of Fig. 2 (Haraguchi) exists, wherein the feeding surface has a second surface contour line extending in a second plane orthogonal to the mid-plane and having a second radius of curvature (Rf) (see annotated image 1 of Fig. 4 (Haraguchi) below), similarly to the orthogonal plane of the skin surface it should be appreciated that while Haraguchi does not specifically disclose such a plane on the feeding surface orthogonal to the mid-plane such a plane does exist on the feeding surface of Haraguchi, wherein the first radius of curvature (RS) is greater than the second radius of curvature (Rf) (Haraguchi, Col. 4, lines 31-37), as disclosed by Haraguchi the curvature of the feeding surface is generally flat while the curvature of the skin surface has a concave curved surface which would mean the first radius of curvature is greater than the second radius of curvature.
Haraguchi does not specifically teach wherein the transition surface has a third radius of curvature that is smaller than the second radius of curvature. As best seen in Fig. 4 of Haraguchi the curvature of the transition surface features a less sharp curve than that of the curvature of the feeding surface. Haraguchi, further, does not teach wherein each comb tooth has a cantilevered free end, wherein said skin surface defines the cantilevered free end of the comb tooth, and a feeding surface extending from said base portion toward said cantilevered free end.
Danmola teaches it is known in the art for comb teeth to have broader first and second curvatures (see annotated image 1 of Fig. 2 (Danmola) below) a result of this is that the radius third curvature (see annotated image 1 of Fig. 2 (Danmola) below) is smaller than the second radius of curvature as this is basic principle of geometry. As the second curvature shown by Danmola is generally flatter than the curvature shown for the third curvature of Danmola the radius of curvature produced by these curvatures would be such that the second radius of curvature is larger than the third radius of curvature. As such, it would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the comb teeth of Haraguchi such that the second radius of curvature was larger than the third radius of curvature as evidenced by Danmola for any desirable reason.
Danmola further teaches a comb (Danmola, Fig. 1-12, 1) wherein each comb tooth (Danmola, Fig. 2, 39 and 43) has a cantilevered free end (Danmola, Fig. 2, 15 and 44) and wherein said skin surface (see annotated image 2 of Fig. 2 (Danmola) below) defines the cantilevered free end of the comb tooth (see annotated image 2 of Fig. 2 (Danmola) below) with a feeding surface extending from said base portion toward said cantilevered free end (see annotated image 2 of Fig. 2 (Danmola) below).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the comb taught by Haraguchi in view of Iaccarino featuring comb teach attached at both ends such that the comb teeth instead had cantilevered free ends as taught by Danmola since it has been held to be within the general skill of a worker in the art to shape their device however desirable or expedient at the time (see MPEP 2144.04(V)(A)). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. Here, the teeth as taught by Haraguchi in view of Iaccarino are attached at both ends but, as shown by Danmola, it is well known in the art to have combs featuring cantilevered teeth attached at a single end. As such, it could be expected that a worker in the art would be capable of modifying the teeth of Haraguchi in view of Iaccarino such that they were cantilevered.
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Regarding claim 3, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1, wherein the transition surface (Haraguchi, Fig. 4, 10) is arranged on a leading edge of the comb in an operational movement direction (see annotated image 1 of Fig. 4 (Haraguchi) above) when the comb is assembled with the cutting unit.
Regarding claim 4, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1, wherein the comb is configured such that, when the comb is assembled with the cutting unit, each comb tooth extends along the mid-plane from the base portion (see annotated image 1 of Fig. 4 (Haraguchi) above), around a line along which the first blade tooth ends are positioned (see annotated image 1 of Fig. 4 (Haraguchi) above), to the feeding surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above), then to the transition surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above), then to the skin surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above).
Regarding claim 5, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1, wherein a cross-sectional area width of at least one the comb tooth measured along the first direction in the first plane or a cross sectional plane that is parallel to the first plane passing through the skin surface decreasing in at least part of the comb tooth in a direction away from the skin surface, as the comb teeth taught by Haraguchi are cylindrical the width of the comb tooth increases from the skin surface until reaching the center of a comb tooth at which point the width of the comb tooth will decrease and thus meets the limitation, so as to define a recess of the at least one comb tooth at a trailing side of the at least one comb tooth opposite the skin surface (see annotated image 1 of Fig. 4 (Haraguchi) above).
Regarding claim 10, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1, wherein the comb teeth respectively have a comb tooth width (see annotated image 1 of Fig. 2 (Haraguchi) above), the comb tooth width being a distance between two outermost tangential planes to a comb tooth with the outermost tangential planes being perpendicular to the first direction (see annotated image 1 of Fig. 2 (Haraguchi) above).
Regarding claim 11, Haraguchi in view of Danmola teaches the hair cutting kit of claim 10, wherein the first radius of curvature is greater than the comb tooth width, as the skin surface of Haraguchi is described as generally flat bottom (Haraguchi, Col. 4, lines 31-37) a circle circumscribed to contain many or most of the surface would have a radius larger than the width of the comb tooth.
Regarding claim 12, Haraguchi in view of Danmola teaches the hair cutting kit of claim 10, wherein the second radius of curvature (annotated image 1 of Fig. 4 (Haraguchi) above) is smaller than the comb tooth width, as can be seen in Fig. 4 of Haraguchi the comb teeth of Haraguchi have a variable width and along the skin surface and would have a width wider than a radius of a circumscribed circle of the second curvature of the feeding surface.
Regarding claim 13, Haraguchi in view of Danmola teaches the hair cutting kit of claim 10, wherein the second radius of curvature is greater than the comb tooth width.
Haraguchi in view of Danmola does not teach wherein the second radius of curvature is greater than 0.5 times the comb tooth width. However, as it is known in the art to change the width of the comb teeth as taught by Haraguchi in view of Danmola and that a person of ordinary skill in the art would recognize that the curvature of the different surfaces may be more broad or more sharp to improve comfort it would have been obvious to adjust the specific dimensions of the comb teeth in relation to each other such that the radius of curvature is 0.5 times greater than the comb tooth width or smaller or different in any dimensional or proportional way as doing so only require routine skill in the art (see MPEP 2144.04(IV)(A) and In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) ("mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled." 531 F.2d at 1053, 189 USPQ at 148.)).
Regarding claim 14, Haraguchi in view of Danmola teaches the hair cutting kit of claim 10.
Haraguchi in view of Danmola does not teach wherein the third radius of curvature of the transition surface is smaller than the second radius of curvature and wherein the third radius of curvature is smaller than 0.5 times the comb tooth width and greater than 0.1 times the comb tooth width. However, as Haraguchi in view of Danmola shows that it is known to vary the curvature of various surfaces as the broadness or sharpness of a surface impacts comfort it would have been obvious to a person of ordinary skill in the art to have a smaller third radius of curvature than the second radius of curvature and to size the third radius of curvature and the comb tooth width such that the third radius of curvature was 0.5 time smaller and 0.1 time larger than the width of the comb tooth as sizing and proportioning of structures in relation to each other is routine in the art (see MPEP 2144.04(IV)(A) and In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) ("mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled." 531 F.2d at 1053, 189 USPQ at 148.)).
Regarding claim 16, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1,
wherein the mid-plane intersects the skin surface along a first intersection line and the mid-plane intersects the feeding surface along a second intersection line (see annotated image 1 of Fig. 4 (Haraguchi) above),
wherein the first intersection line is angled relative to the second intersection line (see annotated image 1 of Fig. 4 (Haraguchi) above), wherein an angle between the first intersection line and the second intersection line is less than 90º (see annotated image 1 of Fig. 4 (Haraguchi) above), as can be seen in the annotated image 1 of Fig. 4 of Haraguchi the angle of intersection between the two intersection lines would be less than 90º, and
wherein the first intersection line and the second intersection line are angled relative to a plane along which the moveable blade abuts on the stationary blade when the comb is assembled (see annotated image 1 of Fig. 6 (Haraguchi) above).
Regarding claim 17, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1,
wherein each comb tooth has a recess at a trailing side thereof opposite the skin surface (see annotated image 1 of Fig. 4 (Haraguchi) above) thereof, said recess being defined from:
a cross-sectional area width of the comb tooth measured along the first direction in the first plane or a cross sectional plane that is parallel to the first plane passing through the skin surface decreasing in at least part of the comb tooth in a direction away from the skin surface, as the comb teeth taught by Haraguchi are cylindrical the width of the comb tooth increases from the skin surface until reaching the center of a comb tooth at which point the width of the comb tooth will decrease and thus meets the limitation.
Regarding claim 18, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1, wherein the skin surface (Haraguchi, Fig. 6, 4) extends at a distance from a plane along which the moveable blade (Haraguchi, Fig. 6, 33) abuts the stationary blade (Haraguchi, Fig. 6, 32). As can be seen in Fig. 6 of Haraguchi the skin surface of Haraguchi in view of Danmola is spaced an undisclosed distance from a plane formed where the moveable and stationary blades abut.
Haraguchi in view of Danmola as modified does not teach wherein the skin surface extends at a distance of at least 0.3 mm. However, as Haraguchi shows that it is known in the art to space the skin surface away from the blades by some distance it would be obvious to a person of ordinary skill in the art to modify the device such that the blade plane and skin surface were spaced by not only a distance of at least 0.3 mm but by any distance so long as the distance be desirable as sizing and proportioning only requires routine skill in the art (see MPEP 2144.04(IV)(A) and In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package "of appreciable size and weight requiring handling by a lift truck" were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) ("mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled." 531 F.2d at 1053, 189 USPQ at 148.)).
Regarding claim 19, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1, further comprising an electric motor (Haraguchi, Fig. 6, 23) having a motor shaft (Haraguchi, Fig. 1 6, 62) and a drive element (Haraguchi, Fig. 6, 40 and 61) coupled to the motor shaft and operative to drive the moveable blade (Haraguchi, Col. 3, lines 27-36), wherein the handle comprises a rechargeable battery (Haraguchi, Fig. 7, 24).
Regarding claim 20, Haraguchi in view of Danmola teaches the hair cutting kit of claim 1.
Haraguchi in view of Danmola as modified does not teach the hair cutting kit of the comb is configured such that, when the comb is assembled with the cutting unit, a free comb tooth end of some or all of the comb teeth partially overlaps at least some of the first blade teeth when viewed in a viewing direction that is orthogonal to a plane along which the moveable blade abuts on the stationary blade.
Danmola further teaches a comb wherein a free tooth end (see annotated image 1 of Fig. 12 (Danmola) below) of at least some or all of the comb teeth partially overlaps at least some of the first blade teeth when viewed in a viewing direction that is orthogonal to a plane along which the moveable blade abuts on the stationary blade (see annotated image 1 of Fig. 12 (Danmola) below). Such structure helps to securely mount the comb to the hair trimmer (Danmola, P. 0049).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the hair cutting kit taught by Haraguchi in view of Danmola such that the comb teeth have free comb tooth ends and partially overlaps at least some of the first blade teeth as further taught by Danmola as doing so allows for a secure attachment of the comb to the trimmer.
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Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Haraguchi (US 4,614,036 A) in view of Danmola (US 2020/0230832 A1) as applied to claim 20 above, and further in view of Yamaguchi (US 2006/0042095 A1).
Regarding claim 21, Haraguchi in view of Danmola teaches the hair cutting kit of claim 20.
Haraguchi in view of Danmola does not teach the hair cutting kit of wherein the comb further comprises ridges extending transversely to the first direction and separated from free tooth ends of the comb teeth by a further gap, wherein at least some of the ridges extend along the mid-planes of the comb teeth.
Yamaguchi teaches a hair cutting kit (Yamaguchi, Fig. 1-4C) comprising a comb (Yamaguchi, Fig. 1-4C, 3), wherein the comb comprises free comb tooth ends (see annotated image 1 of Fig. 4B (Yamaguchi) below) and ridges extending transversely to the first direction (see annotated image 1 of Fig. 4B (Yamaguchi) below), wherein the free tooth ends of the comb teeth are separated from the ridges by a gap (see annotated image 1 of Fig. 4B (Yamaguchi) below).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the comb taught by Haraguchi in view of Danmola such that the comb features ridges separated from free tooth ends by a gap as taught by Yamaguchi since it has been held to be within the general skill of a worker in the art to shape their device however desirable or expedient at the time (see MPEP 2144.04(V)(A)). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. Here, since it is well known in the art to have ridges and to separate the ridges from the free ends of the comb teeth by a gap as taught by Yamaguchi claiming such structure does nothing to enhance the patentability of a design.
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Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Haraguchi (US 4,614,036 A) in view of Danmola (US 2020/0230832 A1) and Baker et al. (US 5,050,305 A), hereafter known as Baker.
Regarding claim 6, Haraguchi teaches a hair cutting kit (Haraguchi, Fig. 1-10), in particular a hair cutting kit for body hair trimming, comprising:
a handle (Haraguchi, Fig. 1 and 6, 21);
a cutting unit (Haraguchi, Fig. 1, 30) comprising a stationary blade (Haraguchi, Fig. 6, 32) and a moveable blade (Haraguchi, Fig. 6, 33), the stationary blade comprising a row of first blade teeth (Haraguchi, Fig. 5, 32A) having free first blade tooth ends (Haraguchi, Fig. 1, E), the moveable blade being configured to reciprocate relative to the stationary blade (Haraguchi, Col. 2, lines 60-66); and
a comb (Haraguchi, Fig. 1, 1) configured to be reversibly releasably assembled with the cutting unit (Haraguchi, Col. 4, lines 25-30) and having a skin surface (Haraguchi, Fig. 6, 4), the comb comprising:
a base portion (Haraguchi, Fig. 1, 2) opposite the skin surface and configured to face the handle when the comb is assembled with the cutting unit (Haraguchi, Fig. 1, 21), and
a row of comb teeth (Haraguchi, Fig. 1, 7), wherein the row of comb teeth extends in a first direction (Haraguchi, Col. 4, lines 47-53) and adjacent comb teeth are separated along the first direction by gaps (Haraguchi, Fig. 1, 7), wherein each comb tooth has a mid-plane that is transverse to the first direction (see annotated image 1 of Fig. 4 (Haraguchi) above), wherein each comb tooth extends along the mid-plane of the comb tooth (see annotated image 1 of Fig. 2 (Haraguchi) above),
wherein some or all of the comb teeth comprise, on an outer face (Haraguchi, Fig. 3, 3 and 4) that is arranged to face away from the stationary blade and from the moveable blade,
a skin surface (Haraguchi, Fig. 3, 4) configured to glide on a user's skin and to face away from said handle in the longitudinal direction when said comb is assembled with the cutting unit (see annotated image 1 of Fig. 6 (Haraguchi) above),
a feeding surface (see annotated image 1 of Fig. 6 (Haraguchi) above) extending from said base portion toward said cantilevered free end, positioned forward of the cutting unit in a direction perpendicular to the first direction (see annotated image 1 of Fig. 6 (Haraguchi) above), and configured to feed hairs towards the cutting unit, and
a transition surface (Haraguchi, Fig. 3, 10) disposed between the skin surface and the feeding surface,
wherein the skin surface has a first surface contour following an imaginary second cylinder surface circumscribed about the feeding surface and having a first radius of curvature (see annotated image 1 of Fig. 4 (Haraguchi) above), wherein the feeding surface has a second surface contour following an imaginary second cylinder surface circumscribed about the feeding surface and having a second radius of curvature (see annotated image 1 of Fig. 4 (Haraguchi) above),
wherein the first radius of curvature is greater than the second radius of curvature (Haraguchi, Col. 4, lines 31-37), as disclosed by Haraguchi the curvature of the feeding surface is generally flat while the curvature of the skin surface has a concave curved surface which would mean the first radius of curvature is greater than the second radius of curvature.
Haraguchi does not specifically teach wherein the transition surface has a third surface contour following an imaginary spherical or ellipsoidal surface circumscribed about the transition surface and having a third radius of curvature that is smaller than the second radius of curvature. Haraguchi, further, does not teach wherein each comb tooth has a cantilevered free end and wherein said skin surface defines the cantilevered free end.
Haraguchi further teaches, as best seen in Fig. 4 of Haraguchi, that the curvature of the transition surface features a less sharp curve than that of the curvature of the feeding surface. As evidenced by Danmola it is known in the art for comb teeth to have broader first and second curvatures (see annotated image 1 of Fig. 2 (Danmola) above) a result of this is that the third surface contour following an imaginary spherical or ellipsoidal surface circumscribed about the transition surface has a radius third curvature (see annotated image 1 of Fig. 2 (Danmola) above) is smaller than the second radius of curvature as this is basic principle of geometry. As the second curvature shown by Danmola is generally flatter than the curvature shown for the third curvature of Danmola the radius of curvature produced by these curvatures would be such that the second radius of curvature is larger than the third radius of curvature. As such, it would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the comb teeth of Haraguchi such that the second radius of curvature was larger than the third radius of curvature as evidenced by Danmola for any desirable reason.
Baker teaches a hair cutting kit (Baker, Fig. 1-11) wherein the comb (Baker, Fig. 1-11, 34) is configured such that, when assembled with the cutting unit (Baker, Fig. 1, 10), each comb tooth (Baker, Fig. 1-11, 42) extends along the mid-plane from the base portion (Baker, Fig. 3-4, 40) along the moveable blade (Baker, Fig. 6-7, 28), around a line along which the first blade tooth ends are positioned, and wherein each comb tooth has a cantilevered free end (Baker, Fig. 1-11, 44) and wherein the skin surface is at least a portion of the cantilevered free end (see annotated image 1 of Fig. 6 (Baker) below). Including such free comb tooth ends allow for the teeth to abut the hair clipper directly while also limiting the travel of the comb in relation to the clipper (Baker, Col. 5, lines 11-16).
It would have been obvious to a person of ordinary skill in the art before the filing date to modify the comb of Haraguchi in view of Danmola to feature free comb tooth ends like those taught by Baker to allow the teeth to directly abut the clipper and to limit the travel of the comb.
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Regarding claim 8, Haraguchi in view of Danmola and Baker teaches the hair cutting kit of claim 6, wherein the transition surface (Haraguchi, Fig. 4, 10) is arranged on a leading edge of the comb in an operational movement direction (see annotated image 1 of Fig. 4 (Haraguchi) above) when the comb is assembled with the cutting unit.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Haraguchi (US 4,614,036 A) in view of Danmola (US 2020/0230832 A1) and Baker (US 5,050,305 A) as applied to claim 6 above, and further in view of Yamaguchi et al. (US 2006/0042095 A1), hereafter known as Yamaguchi.
Regarding claim 9, Haraguchi in view of Danmola and Bak teaches the hair cutting kit of claim 6, wherein the comb is configured such that, when assembled with the cutting unit, each comb tooth extends along the mid-plane from the base portion, around a line along which the first blade tooth ends are positioned (see annotated image 1 of Fig. 4 (Haraguchi) above), to the feeding surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above), then to the transition surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above), then to the skin surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above);
Haraguchi in view of Danmola as modified does not teach wherein the comb is configured such that, when assembled with the cutting unit, a free comb tooth end of some or all of the comb teeth partially overlaps at least some of the first blade teeth when viewed in a viewing direction that is orthogonal to a plane along which the moveable blade abuts on the stationary blade and wherein the comb further comprises ridges extending transversely to the first direction and separated from the free tooth ends of the comb teeth by a further gap, wherein some, a majority, or all of the ridges extend along the mid-planes of the comb teeth.
Danmola further teaches a comb wherein a free tooth end (see annotated image 1 of Fig. 12 (Danmola) above) of at least some or all of the comb teeth partially overlaps at least some of the first blade teeth when viewed in a viewing direction that is orthogonal to a plane along which the moveable blade abuts on the stationary blade (see annotated image 1 of Fig. 12 (Danmola) above). Such structure helps to securely mount the comb to the hair trimmer (Danmola, P. 0049).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the hair cutting kit taught by Haraguchi in view of Danmola such that the comb teeth have free comb tooth ends and partially overlaps at least some of the first blade teeth as further taught by Danmola as doing so allows for a secure attachment of the comb to the trimmer.
Yamaguchi teaches a hair cutting kit (Yamaguchi, Fig. 1-4C) comprising a comb (Yamaguchi, Fig. 1-4C, 3), wherein the comb comprises free comb tooth ends (see annotated image 1 of Fig. 4B (Yamaguchi) above) and ridges extending transversely to the first direction (see annotated image 1 of Fig. 4B (Yamaguchi) above), wherein the free tooth ends of the comb teeth are separated from the ridges by a gap (see annotated image 1 of Fig. 4B (Yamaguchi) above).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the comb taught by Haraguchi in view of Danmola such that the comb features ridges separated from free tooth ends by a gap as taught by Yamaguchi since it has been held to be within the general skill of a worker in the art to shape their device however desirable or expedient at the time (see MPEP 2144.04(V)(A)). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. Here, since it is well known in the art to have ridges and to separate the ridges from the free ends of the comb teeth by a gap as taught by Yamaguchi claiming such structure does nothing to enhance the patentability of a design.
Claims 22 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Haraguchi (US 4,614,036 A) in view of Iaccarino et al. (US 2021/0122070 A1), hereafter known as Iaccarino, and Danmola (US 2020/0230832 A1).
Regarding claim 22, Haraguchi teaches a hair cutting kit (Haraguchi, Fig. 1-10), in particular a hair cutting kit for body hair trimming, comprising:
a handle (Haraguchi, Fig. 1 and 6, 21);
a cutting unit (Haraguchi, Fig. 1, 30) comprising a stationary blade (Haraguchi, Fig. 6, 32) and a moveable blade (Haraguchi, Fig. 6, 33), the stationary blade comprising a row of first blade teeth (Haraguchi, Fig. 5, 32A) having free first blade tooth ends (Haraguchi, Fig. 1, E), the moveable blade being configured to reciprocate relative to the stationary blade (Haraguchi, Col. 2, lines 60-66); and
a comb (Haraguchi, Fig. 1, 1) configured to be reversibly releasably assembled with the cutting unit (Haraguchi, Col. 4, lines 25-30) and having an outer surface (Haraguchi, Fig. 6, 4) configured to face away from said handle in a longitudinal direction of said handle when the comb is assembled with the cutting unit (see annotated image 1 of Fig. 6 (Haraguchi) above), the comb comprising:
a base portion (see annotated image 1 of Fig. 3 (Haraguchi) above) opposite the outer surface and configured to face the handle when the comb is assembled with the cutting unit (Haraguchi, Fig. 1, 21), and
a row of comb teeth (Haraguchi, Fig. 1, 7), wherein the row of comb teeth extends in a first direction (Haraguchi, Col. 4, lines 47-53) and adjacent comb teeth are separated along the first direction by gaps (Haraguchi, Fig. 1, 7), wherein each comb tooth has a mid-plane that is transverse to the first direction (see annotated image 1 of Fig. 4 (Haraguchi) above), wherein each comb tooth extends along the mid-plane of the comb tooth (see annotated image 1 of Fig. 2 (Haraguchi) above),
wherein some or all of the comb teeth comprise, on an outer face (see annotated image 1 of Fig. 3 (Haraguchi) above) that is arranged to face away from the stationary blade and from the moveable blade,
a skin surface (see annotated image 1 of Fig. 3 (Haraguchi) above) configured to glide on a user's skin and to face way from said handle in the longitudinal direction when said comb is assembled with the cutting unit (see annotated image 1 of Fig. 6 (Haraguchi) above),
a feeding surface (see annotated image 1 of Fig. 3 (Haraguchi) above) extending from said base portion (see annotated image 1 of Fig. 3 (Haraguchi) above), the feeding surface is connected to the base portion through a transition surface and skin-facing surface, and
a transition surface (Haraguchi, Fig. 3, 10 and see annotated image 1 of Fig. 3 (Haraguchi) above) disposed between the skin surface and the feeding surface,
wherein the skin surface has a first surface contour line extending in a first plane orthogonal to the mid-plane and having a first radius of curvature (Rs) (see annotated image 1 of Fig. 4 (Haraguchi) above), although Haraguchi does not specifically disclose a plane on the skin surface that is orthogonal to a mid-plane it should be appreciated that a plane orthogonal to the mid-plane shown in annotated image 1 of Fig. 2 (Haraguchi) exists, wherein the feeding surface has a second surface contour line extending in a second plane orthogonal to the mid-plane and having a second radius of curvature (Rf) (see annotated image 1 of Fig. 4 (Haraguchi) above), similarly to the orthogonal plane of the skin surface it should be appreciated that while Haraguchi does not specifically disclose such a plane on the feeding surface orthogonal to the mid-plane such a plane does exist on the feeding surface of Haraguchi, wherein the first radius of curvature (RS) is greater than the second radius of curvature (Rf) (Haraguchi, Col. 4, lines 31-37), as disclosed by Haraguchi the curvature of the feeding surface is generally flat while the curvature of the skin surface has a concave curved surface which would mean the first radius of curvature is greater than the second radius of curvature.
Haraguchi does not specifically teach wherein the transition surface has a third radius of curvature that is smaller than the second radius of curvature. As best seen in Fig. 4 of Haraguchi the curvature of the transition surface features a less sharp curve than that of the curvature of the feeding surface. As evidenced by Iaccarino it is known in the art for comb teeth to have broader first and second curvatures (see annotated image 1 of Fig. 2 (Iaccarino) below) a result of this is that the radius third curvature (see annotated image 1 of Fig. 2 (Iaccarino) below) is smaller than the second radius of curvature as this is basic principle of geometry. As the second curvature shown by Iaccarino is generally flatter than the curvature shown for the third curvature of Iaccarino the radius of curvature produced by these curvatures would be such that the second radius of curvature is larger than the third radius of curvature. As such, it would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the comb teeth of Haraguchi such that the second radius of curvature was larger than the third radius of curvature as evidenced by Iaccarino for any desirable reason.
Haraguchi in view of Iaccarino does not teach wherein each comb tooth has a cantilevered free end and wherein said skin surface defines the cantilevered free end of the comb tooth and a feeding surface extending from said base portion toward said cantilevered free end.
Danmola teaches a comb (Danmola, Fig. 1-12, 1) with a base portion (see annotated image 2 of Fig. 2 (Danmola) above) and a feeding surface (see annotated image 2 of Fig. 2 (Danmola) above), wherein each comb tooth (Danmola, Fig. 2, 39 and 43) has a cantilevered free end (Danmola, Fig. 2, 15 and 44) and wherein said skin surface (see annotated image 2 of Fig. 2 (Danmola) above) defines the cantilevered free end of the comb tooth (see annotated image 2 of Fig. 2 (Danmola) above) and wherein the feeding surface extending from said base portion toward said cantilevered free end (feeding surface extending from said base portion toward said cantilevered free end).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the comb taught by Haraguchi in view of Iaccarino featuring comb teach attached at both ends such that the comb teeth instead had cantilevered free ends as taught by Danmola since it has been held to be within the general skill of a worker in the art to shape their device however desirable or expedient at the time (see MPEP 2144.04(V)(A)). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. Here, the teeth as taught by Haraguchi in view of Iaccarino are attached at both ends but, as shown by Danmola, it is well known in the art to have combs featuring cantilevered teeth attached at a single end. As such, it could be expected that a worker in the art would be capable of modifying the teeth of Haraguchi in view of Iaccarino such that they were cantilevered.
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Regarding claim 24, Haraguchi in view of Iaccarino and Danmola teaches the hair cutting kit of claim 22, wherein the comb is configured such that, when the comb is assembled with the cutting unit, each comb tooth extends along the mid-plane from the base portion (see annotated image 1 of Fig. 4 (Haraguchi) above), around a line along which the first blade tooth ends are positioned (see annotated image 1 of Fig. 4 (Haraguchi) above), to the feeding surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above), then to the transition surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above), then to the skin surface of the comb tooth (see annotated image 1 of Fig. 4 (Haraguchi) above).
Regarding claim 25, Haraguchi in view of Iaccarino and Danmola teaches the hair cutting kit of claim 22, wherein at least one comb tooth comprises lateral flanks on opposite sides of the at least one comb tooth adjacent to the outer face (see annotated image 2 of Fig. 4 (Haraguchi) below), at least a portion of the lateral flanks of the at least one comb tooth converging toward each other from the outer face of the at least one comb tooth to an inner face of the at least one comb tooth (see annotated image 2 of Fig. 4 (Haraguchi) below), the inner face arranged to face toward the stationary blade and the moveable blade, the inner face taught by Haraguchi would face both the stationary blade and moveable blade as can be seen in Fig. 6 and 7-10 of Haraguchi, so as to define recesses on trailing sides of the at least one comb tooth opposite the skin surface thereof (see annotated image 2 of Fig. 4 (Haraguchi) below).
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Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Haraguchi (US 4,614,036 A) in view of Iaccarino (US 2021/0122070 A1) and Danmola (US 2020/0230832 A1) as applied to claim 22 above, and further in view of Yamaguchi et al. (US 2006/0042095 A1), hereafter known as Yamaguchi.
Regarding claim 23, Haraguchi in view of Iaccarino and Danmola teaches the hair cutting kit of claim 22.
Haraguchi in view of Iaccarino and Danmola does not teach the hair cutting kit of wherein the comb further comprises ridges projecting from said skin-facing outer surface of said comb; said ridges extending transversely to said first direction, and said ridges are separated from said comb teeth by a further gap defined between front ends of said ridges and said free ends of said comb teeth.
Yamaguchi teaches a hair cutting kit (Yamaguchi, Fig. 1-4C) comprising a comb (Yamaguchi, Fig. 1-4C, 3), wherein the comb comprises free comb tooth ends (see annotated image 1 of Fig. 4B (Yamaguchi) above) and ridges extending transversely to the first direction and having front ends (see annotated image 1 of Fig. 4B (Yamaguchi) above), wherein the free tooth ends of the comb teeth are separated from the ridges by a gap (see annotated image 1 of Fig. 4B (Yamaguchi) above).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the comb taught by Haraguchi in view of Iaccarino and Danmola such that the comb features ridges separated from free tooth ends by a gap as taught by Yamaguchi since it has been held to be within the general skill of a worker in the art to shape their device however desirable or expedient at the time (see MPEP 2144.04(V)(A)). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant. Here, since it is well known in the art to have ridges and to separate the ridges from the free ends of the comb teeth by a gap as taught by Yamaguchi claiming such structure does nothing to enhance the patentability of a design.
Response to Arguments
The applicant asserts that the prior art of Baker does not teach a feeding surface extending from the base portion and as the limitation has been amended into claims 1, 6 and 22 the claims overcome the prior art of record and are allowable as such. The Examiner disagrees, the feeding surface is a portion of the surface of the comb tooth which extends from the base portion. This limitation is broader than the applicant asserts since the feeding surface isn’t a distinct portion of the tooth. As such, the applicant’s assertion is unpersuasive. However, a narrower version of the limitation that better defines the positional relationship between the base portion and feeding surface using phrases like “extending directly” and “adjacent to” may overcome the prior art of record.
The applicant asserts that the modification of Haraguchi in view of Baker, Danmola and/or Yamaguchi is improper as modifying Haraguchi renders the barbs/steps of Haraguchi unsatisfactory for its intended purpose. The Examiner disagrees. First, purpose of the barbs of Haraguchi so as to “smoothly guiding the hairs into the cutter edge” (Haraguchi, Col. 2, line 9). Second, Haraguchi does not require that these barbs be immobile during use or that they had additional structure for stability, Haraguchi just teaches them are being part of a tooth connected at both ends. Third, modifying the teeth of Haraguchi to have a free end and thus be cantilever does not require the removal of the barbs as Baker, Danmola and Yamaguchi all teach comb teeth the wrap about the end of the clipper teeth and that have a portion that extend back toward the handle. This would allow the barb of Haraguchi to be preserved and function as desired. As such, the applicant’s assertion is unpersuasive.
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 Robert D Cornett whose telephone number is (571) 270-0182. The examiner can normally be reached M-F 7:30 am-5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT D CORNETT/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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