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 .
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d), a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Response to Arguments
Applicant’s arguments with respect to claim 1 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. In particular, Nilsen (EP 3530139 A1) has been added to the rejections below in response to the limitation added in the amended claim 1 that the openings on the first comb teeth face away from the second comb teeth and that the openings on the second comb teeth face away from the first comb teeth.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Dyer et al. (DE 2137407) in view of Nilsen (EP 3530139 A1) and Guo (CN 113017226) in further view of Purnell (WO 2022/162338, internationally filed Jan. 6, 2022)
Regarding Claim 1, Dyer discloses an airblowing comb (hairdryer 10) comprising:
a first housing (comb-like device 12);
a second housing connected to the first housing (housing 11);
a plurality of first comb teeth arranged on the first housing (teeth 13 on left hand side of Figures 2 and 3), each of the plurality of first comb teeth defining a first air channel (channel through hollow teeth, as can be seen in Figure 2, with opening 14), and the first housing defining a plurality of first air outlets (the openings at the top of each of the hollow teeth on the left side of Figures 2 and 3, which in Figure 3 can been seen to be separated by space without teeth resulting in a plurality of holes or air outlets), each of the plurality of first air outlets communicating with the first air channel (Figure 2);
a plurality of second comb teeth arranged on the first housing and opposite to the plurality of first comb teeth (teeth 13 on the right hand side in Figures 2 and 4), each of the plurality of second comb teeth defining a second air channel (channel through hollow teeth, as can be seen in Figure 2, with opening 14), a direction of air from the first air channel in one of the plurality of first comb teeth being different from that of air from the second air channel in one of the plurality of second comb teeth (Figure 2 shows the air from the plurality of first comb teeth on the left side blows towards the right side while the air from the plurality of second comb teeth on the second side blows towards the left side; [0017]), and the first housing defining a plurality of second air outlets (the openings at the top of each of the hollow teeth on the right side of Figures 2 and 3, which in Figure 3 can been seen to be separated by space without teeth resulting in a plurality of holes or air outlets), each of the plurality of second air outlets communicating with the second air channel (Figure 2); and
a first opening defined by a side surface of each of the plurality of first comb teeth (on teeth on left hand side of Figure 2, opening 14 through which the arrow points are defined by the side wall and the tip of the teeth as shown in the cross section Figure 2), a second opening defined by a side surface of each of the plurality of second comb teeth (on teeth on right hand side of Figure 2, opening 14 through which the arrow points are defined by the side wall and the tip of the teeth as shown in the cross section Figure 2), the first opening communicates with the first air channel in one of the plurality of first comb teeth (shown by arrows that air flow communicates through the channel to the opening), and the second opening communicates with the second air channel in one of the plurality of second comb teeth (shown by arrows that air flow communicates through the channel to the opening).
Dyer does not teach a driving assembly or a baffle to change which air outlets are covered or exposed. Dyer also does not explicitly teach the openings on the comb teeth facing away from the other comb teeth. However, Dyer does teach that “the outlet direction of the heated air may be irregular” (¶ 17) and “any other desired arrangement for the exit of the heated air may be used” (¶ 18).
Nilsen, in the same field of endeavor of airblowing combs (abstract), teaches configuring the teeth with airblowing channels to point the openings or outlets to opposite sides of the longitudinal plan (¶ 11). Nilsen teaches that facing the openings to the outside and thus providing air flow to the outside of the device increases the versatility of use (¶ 11) and doesn’t flatten the hair, as can occur when the openings are towards the center and downward as in Dyer (¶ 4).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the openings as taught by Dyer to face outward and thus away from the other row of comb teeth as taught by Nilsen. One would be motivated to make this modification to improve the versatility of use (Nilsen ¶ 11) and prevent the flattening of the hair which can occur with the openings of Dyer (Nilsen ¶ 4).
Dyer and Nilsen do not teach a driving assembly or a baffle to change which air outlets are covered or exposed.
However, Guo, in the same field of endeavor of airblowing combs for the hair (abstract), teaches an airblowing comb (Figure 1) with a driving assembly (adjusting structure 2 comprising control sliding block 202 cooperating with plastic adjusting ring 203) configured for driving a baffle (204) to control through which outlets air exits (translation page 4 paragraphs 2-4). Guo teaches a driving assembly and baffle in order to adjust the direction of air flow out of the comb by adjusting which outlets are used to reduce the messiness of the hair during the blow drying process.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the airblowing comb of Dyer to further include the driving assembly and baffle for changing direction of air flow as taught by Guo in order to reduce the messiness of the hair during blow drying.
Guo does not teach a baffle with multiple plates or openings on the two rows of teeth facing away from the other row of teeth.
However, Purnell, in the same field of endeavor of airblowing hair care appliances (abstract), teaches an air blowing hair care device (Figures 7-11) with a baffle (flow guide 206) comprising a first plate (1st blocking surface 232), a second plate (2nd blocking surface 234), and a connector connecting the first plate and the second plate (central pivot axis 212),
wherein the baffle (air flow guide 206) moves to a predetermined position where the first plate covers the first air outlet and exposes the second air outlet (Figure 11 shows 1st blocking surface 232 of flow guide 206 arranged to cover outlet to 1st air flow channel 228 and leave exposed outlet to 2nd air flow channel 230), or the second plate covers the second air outlet and exposes the first air outlet (Figure 10 shows 2nd blocking surface 234 of flow guide 206 arranged to cover outlet let 2nd air flow channel 230 and leave exposed outlet to 1st air flow channel 228; page 21 provides description of function of flow guide 206).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the airblowing comb as taught by Dyer, with the openings pointing outward as taught by Nilsen, with the driving assembly and baffle as taught by Guo to instead have a baffle with two plates connected to a central axis as taught by Purnell. By utilizing a baffle with two plates, the baffle will not have to move as far to switch between which outlets are covered. This is a simple substitution of a baffle with one plate to block outlets for a baffle with two plates to block outlets such that there is a separate plate to block each set of outlets.
Regarding Claim 2, Dyer further teaches wherein the first housing comprises a first frame (see annotated figure below), the first frame comprises a first wall (top of Figure 3), a second wall (bottom of Figure 3), and a connecting wall connecting the first wall and the second wall (vertical sides of Figure 3 for the end of the first housing that has no teeth), and the first wall, the second wall, and the connecting wall cooperatively define an accommodating space (space in the middle of the walls where the central row of teeth and the further outlets 15 are accommodated).
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Regarding Claim 3, Dyer further teaches wherein the first wall defines the plurality of first air outlets penetrating the first wall, and the second wall defines the plurality of second air outlets penetrating the second wall (the first wall and the second wall as defined in the annotated Figure above include the locations of the plurality of first or second air outlets).
Regarding Claim 4, Dyer further teaches wherein the plurality of first comb teeth are arranged on a surface of the first wall away from the second housing (Figure 1 shows that the teeth are arrange on the first wall on the opposite side of the first wall from housing 11), and a position of each of the plurality of first comb teeth corresponds to a position of each of the plurality of first air outlets (Figure 2 shows the channels in the teeth are continuous with the air outlets, thus their positions correspond).
Regarding Claim 5, Dyer further teaches wherein the plurality of second comb teeth are arranged on a surface of the second wall away from the second housing (Figure 1 shows that the teeth are arrange on the first wall on the opposite side of the first wall from housing 11), and a position of each of the plurality of second comb teeth corresponds to a position of each of the plurality of second air outlets (Figure 2 shows the channels in the teeth are continuous with the air outlets, thus their positions correspond).
Claims 6-15 are rejected under 35 U.S.C. 103 as being unpatentable over Dyer et al. (DE 2137407), Nilsen (EP 3530139 A1), Guo (CN 113017226), and Purnell (WO 2022/162338, internationally filed Jan. 6, 2022) as applied to claim 2 above, and further in view of Liu et al. (CN 112971314).
Regarding Claim 6, Dyer, Nilsen, Guo, and Purnell teach the air blowing comb according to claim 2. However they may not teach the comb further comprising a second frame connected to the first frame.
However, Liu, in the related field of endeavor of heated hair combs (abstract), teaches a comb (10) further comprising a second frame (see annotated Figure 13 below) connected to the first frame (see annotated Figure 13 below), wherein the second frame comprises a main body portion (flat portions of bearing plate 1012 and decorative cover 1018) and a plurality of third comb teeth arranged on the main body portion (teeth portions of heat conducting comb 1014 combined with protective comb 1015), and the plurality of third comb teeth are accommodated in the accommodating space (Figure 10B shows comb all together while Figure 13 shows an expanded view). Liu teaches a separate second frame in order to have the outer teeth (edge comb 1016) have different properties that the inner teeth, more specifically to have the inner teeth heated to provide better styling (last paragraph of “Contents of Invention” section).
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Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the airblowing comb as taught by Dyer, Guo, and Purnell to further include the second frame connected in the first frame as taught by Liu in order to have the central third comb teeth heated while the external first and second comb teeth blow hot air in order to provide better styling.
Regarding Claim 7, Liu further teaches wherein the main body portion (flat portions of bearing plate 1012 and decorative cover 1018) defines a first connecting plate (see annotated Figure 12 below), the first connecting plate extends from an end of the main body portion close to the connecting wall towards the second housing (first connecting portion is thickened part of plate extending the second connecting plate towards the back groove of the main body portion and towards the second housing), and an end of the first connecting plate extends towards the connecting wall to form a second connecting plate (see annotated Figures 12 and 13).
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Regarding Claim 8, Lui further teaches wherein the connecting wall defines a connecting block (thickened area at top of front panel as pointed out in annotated Figure 12 above), and the connecting block defines a first screw hole (see annotated Figure 13 above).
Regarding Claim 9, Liu further teaches wherein the second connecting plate defines a second screw hole penetrating the second connecting plate (Figure 13), and a position of the second screw hole corresponds to a position of the first screw hole (Figure 13; screw holes of first and second plate align so they can be connected).
Regarding Claim 10, Lui further teaches wherein the plurality of third comb teeth are arranged on a surface of the main body portion away from the second housing (Figure 13), and an extension direction of the plurality of third comb teeth is the same as an extension direction of the plurality of first comb teeth or an extension direction of the plurality of second comb teeth (Figure 13).
Regarding Claim 11, Lui further teaches wherein the main body portion defines at least one clamping protrusions (see annotated Figure 13 and protrusions extending from sides of decorative cover 1018), the first wall and the second wall both define at least one clamping grooves (in Figure 13 the groove on one of the walls is visible and would be expected to be on the other wall), and the at least one clamping protrusions are engaged with the at least one clamping grooves (Figure 13 shows the grooves and protrusions aligned in the exploded view so they would engage when assembled).
Regarding Claim 12, Lui further teaches wherein the at least one clamping protrusions comprise a vertical portion and a horizontal portion, the vertical portion extends from an edge of the main body portion towards the second housing, and the horizontal portion extends from an end of the vertical portion towards the at least one clamping grooves (looking at Figures 12 and 13 it is clear the clamping protrusions have a horizonal portion towards the clamping grooves and a vertical portion towards the second housing).
Regarding Claim 13, Lui further teaches the comb comprising a heating assembly, wherein the heating assembly comprises a heating element (heating sheet 1013) and a mounting plate (pressing plate 1019), the heating element (heating sheet 1013) is mounted to the second frame (mounted via screws shown between pressing plate and back of comb in Figures 12 and 13) through the mounting plate (pressing plate 1019), and the heating element is located between the mounting plate and the second frame (Figures 12 and 13).
Regarding Claim 14, Lui further teaches wherein the mounting plate defines a mounting hole penetrating the mounting plate (see annotated Figure 13 above).
Regarding Claim 15, Lui further teaches wherein the main body portion defines a mounting column, the mounting column defines a through hole, and a position of the through hole corresponds to a position of the mounting hole (mounting holes may not be shown but the mounting plate is shown as being attached to the main body portion via screws so there must be mounting holes for the screws to enter; translation page 6 second paragraph).
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dyer et al. (DE 2137407), Nilsen (EP 3530139 A1), Guo (CN 113017226), and Purnell (WO 2022/162338, internationally filed Jan. 6, 2022) as applied to claim 1 above, and further in view of Ha (KR 101381692) and in further view of Buttery et al. (US 2020/0260831).
Regarding Claim 16, Dyer, Nilsen, Guo, and Purnell teach the airblowing comb of claim 1, as presented above. Guo teaches the driving assembly comprising a switch that is manually moved and this movement translating through mechanical means to movement of the baffle. The combination of Dyer, Guo, and Purnell does not teach the driving assembly further including a step motor and circuit board.
However, Ha, in the same field of endeavor of hair dryers (abstract), teaches movement of a rotatable part of the hair dryer by either manual operation/rotation by the user combined with mechanical means (translation page 3 third paragraph from the bottom) or by a step motor controlled by a switch (translation page 3 second paragraph from the bottom).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the airblowing comb as taught by Dyer, Guo, and Purnell to further include a step motor in the driving assembly as taught by Ha. Such a switch from manual movement and mechanical translation to a step motor would have been obvious to try as Ha teaches both as options.
The motor as taught by Ha is operated by a switch, but Ha is silent as to the presence of a circuit board.
However, Buttery, in the same field of endeavor of hair styling appliances (abstract), teaches electrically connecting switches to motors through a printed circuit board (¶ 0032).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the airblowing comb as taught by Dyer, Guo, and Purnell with the step motor in the driving assembly as taught by Ha to further include a printed circuit board as taught by Buttery in order to electrically connect the switch and motor. This is a simple combination of known elements in the art such that the switch as taught by Ha is electrically connected to the motor that is also taught by Ha through a printed circuit board as taught by Buttery.
Regarding Claim 17, the combination of Guo and Purnell teaches that the connector must be connected to the means of pivoting the baffle. Therefore the connector must be connected to the step motor taught by Ha. Since the baffle taught by Purnell rotates on a central axis, a rotating shaft to connect the step motor to the connector is obvious.
Regarding Claim 18, Purnell further teaches wherein the connector comprises a first arm connected to the first plate, a second arm connected to the second plate (arms 239), and a connecting portion connecting the first arm and the second arm (central pivot axis 212).
Regarding Claim 19, the arms (Purnell 239) being straight or arcuate is a design choice that could depend on other internal components or the desired external profile of the housings, but would not affect the operation of the device.
Regarding Claim 20, the connection portion of Purnell would be the central axis and therefore would be either cylindrical or around a cylinder. Fans in hair dryers often are annular and sleeved on a rotating shaft of the motor, therefore it would be obvious to utilize such an arrangement for the rotating shaft and connecting portion of the baffle.
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 Jennifer P. Connell whose telephone number is (703)756-1169. The examiner can normally be reached Monday - Thursday 9:30 am - 3:30 pm ET.
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/JENNIFER P CONNELL/ Examiner, Art Unit 3772
/THOMAS C BARRETT/ SPE, Art Unit 3799
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