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 .
Drawings
The drawings filed on 07/14/2022 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the pin that is configured to puncture a cartridge, as recited in amended claim 1, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The replacement drawings were received on 09/19/2025. These drawings are not accepted because replacement drawing figure 8 depicts a cover that appears to be configured to cover the entire brush head; this configuration presents new matter as a hinged cover disposed over an entirety of the brush head was not described in the originally filed specification. Rather, the originally filed specification recites in paragraph [0045] that “A hinged cap (not shown) may be provided to automatically close the nozzles when the product is not being excreted so that during use product can remain in the cavities” and originally filed claim 14 recites “wherein the spout comprises a hinged cap”, i.e. the originally filed specification and claims defines the hinged cap as being on the spout but not over the entirety of the brush head. There is no indication in the originally filed specification that the cap is to be disposed over an entirety of the brush head.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: in lines 6-7, “wherein the bulb is configured to the substance” should be amended as follows: “wherein the bulb is configured to house the substance”.
Claim 2 is objected to because of the following informalities: in line 6, “to form dimensions of the each of the cavities” should be amended as follows: “to form dimensions of [[the]] each of the cavities”.
Claim 5 is objected to because of the following informalities: in lines 2-3, “wherein the handle pipe is a hollow aperture located, wherein in the handle is in fluid communication with the bulb.” should be amended as follows: “wherein the handle pipe is a hollow aperture located in the handle, such that via the handle pipe.”.
Claim 10 is objected to because of the following informalities: in lines 1-2, “wherein the bulb is formed from a material that capable of sustaining a deformation” should be amended as follows: “wherein the bulb is formed from a material that is capable of sustaining a deformation”.
Claim 11 is objected to because of the following informalities: in lines 2-3, “wherein the lower tube portion connected to a bottom” should be amended as follows: “wherein the lower tube portion is connected to a bottom”.
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 1-12, and 14 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.
Regarding claim 1, line 15 recites “wherein the hollow interior comprises a pin, and wherein the pin is configured to puncture a cartridge when the cartridge is inserted into the hollow interior to release the substance”, which is described in the specification with respect to the embodiment of figure 5 (“there may be a pin or blade to open the cartridge or bottle in this embodiment”, refer to Paragraph [0037]), and line 10 of claim 1 recites “at least one nozzle positioned on the front face at the proximal or distal end of the head portion”, which describes the embodiment of figures 8-16. Thus, claim 1 appears to be combining features of different embodiments into a single embodiment which was not disclosed in the originally filed specification and therefore presents new matter. Further, claim 1 requires both a bulb and a cartridge, however, there is no single embodiment disclosed in the specification that requires both a bulb and a cartridge, but rather the bulb and cartridge are alternative means for storing a substance, as evidenced by the description in paragraphs [0051-0054] references the embodiment of figures 4-7 and describes a cartridge, whereas paragraphs [0058] and beyond, references the embodiment of figures 8-17 and describes a bulb. Thus, the bulb and the cartridge, in light of applicant’s specification, are used in different embodiments to provide a means for storing a substance and are not provided together in a single embodiment as a means for storing the substance. Therefore, combining both of these features into a single embodiment presents new matter.
Regarding claim 14, line 1 recites “wherein the body comprises a hinged cap”, which is not supported by the originally filed specification and therefore presents new matter. The originally filed specification only recites “A hinged cap (not shown) may be provided to automatically close the nozzles when product is not being excreted” (see paragraph [0045] of applicant’s specification) and originally filed claim 14 recites “wherein the spout comprises a hinged cap”, where the spout is a component of the nozzle. There is no explicit mention in the originally filed disclosure where a hinged cap is provided to cover the entirety of the brush head.
Claims 2-12 are rejected due to their dependency on claim 1.
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 1-12, and 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 1, lines 6-7 recite “a bulb…configured to house the substance” and lines 16-17 recite “a cartridge when the cartridge is inserted into the hollow interior to release the substance”, which is unclear since the bulb is previously recited as being the structure that houses the substance, yet lines 16-17 describe a cartridge that must be punctured in order to release the substance. Thus, it is unclear if the substance is stored in the cartridge, in the bulb, or both and it is further unclear if the cartridge is the same or different from the previously recited bulb. For purposes of substantive examination, the bulb and the cartridge are interpreted as being the same and defines a volume that serves to store the substance. Alternatively, the bulb and cartridge are interpreted as being two separate structures that are in fluid communication. Claim 1 is further unclear since the bulb which houses the substance is recited as having “an opened top end…and an open bottom end” in lines 7-8 and then in lines 15-16, the hairbrush is required to have a pin for puncturing a cartridge/the bulb; it is unclear why the bulb/cartridge would need puncturing if both the top and bottom ends are already open, since the open ends would already permit the release of the substance from the bulb/cartridge.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (KR200373009Y1) in view of Ottaviani et al. (US2010/0284726) and Blabas et al. (US2023/0270244).
Regarding claim 1, Seo discloses a hairbrush (Figures 1-10) for distributing a substance (“hair dye” OR “cleansing liquid”, refer to Page 5 of the translation) over a subject (“hair dye for hair dyeing”, refer to last line of Page 2 of the translation, where hair is the subject), the hairbrush comprising:
a head portion (refer to annotated Figure 9 below, which shows the head portion) having a proximal end (referring to the top image of Figure 9, the proximal end is the bottom half), a distal end (referring to the top image of Figure 9, the distal end is the top half), an internal portion (hollow interior of brush), and a front face (not labeled, refer to annotated Figure 9, below);
a plurality of bristles (2) outwardly extending from the front face of the head portion (best shown in Figures 9-10);
a handle (1 + 9) comprising a hollow interior (best shown in Figures 2 and 4) and at least one side aperture (not labeled, refer to annotated Figure 4, below);
a bulb (3 OR 3 + 7 + 11) positioned in the hollow interior of the handle (best shown in bottom image of Figure 7), wherein the bulb is configured to house the substance (“the cleaning liquid…flows into the suction pipe 7, the opening and closing pipe 11a, the elastic tube 3”, refer to Page 4; AND “for hair dyeing…pumping the elastic tube (3) repeatedly, the hair dye is passed through the suction tube (7), elastic tube (3) 10 flows into the flow path 21 and flows out to the hair color ejection outlets 20a, 20b”, refer to Page 5), wherein the bulb comprises a body (the rounded portion of the bulb defines a body), an opened top end (13 OR opening at 15, best shown in Figure 6), a lower tube portion (7 OR 11a OR portion of bulb surrounding suction discharge hole 15a) and an open bottom end (13a, Figure 5 OR open bottom end of tube 7, as best shown in Figure 2 OR 15a), wherein the body of the bulb is exposed at the at least one side aperture to allow the user to apply a pressure to the bulb (best shown in Figure 3, wherein portion 3 of the bulb is shown to be exposed through the side aperture);
at least one nozzle (20a, 20b, best shown in Figure 10) positioned on the front face at the proximal or distal end of the head portion (referring to Figure 10, a plurality of nozzles are disposed on the front face along nearly the entire length thereof, thereby providing nozzles at both the proximal and distal ends thereof), wherein the at least one nozzle is configured to excrete the substance to the front face of the head portion in response to the pressure being applied to the bulb (“flows out to the hair color ejection outlets 20a, 20b which are punctured between the comb blade and the comb as shown”, refer to Page 5; additionally refer to Figure 10 which shows the outlet nozzles disposed along the length of the brush).
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Seo does not disclose:
a removable cap secured to a bottom portion of the handle to provide access to the hollow interior;
wherein the hollow interior comprises a pin, and wherein the pin is configured to puncture a cartridge when the cartridge is inserted into the hollow interior to release the substance.
Seo does however disclose a removable cap (4) threadably secured (16) to the top part of the handle (refer to Figure 2 where threaded portion, 10, is disposed in a top part of the handle, wherein this threaded portion, 10, accepts the removable cap, 4, in order to fill or refill the internal cavity of the handle), wherein the removable cap is configured to enable the user access to the hollow interior to fill or refill the internal cavity of the handle with one or more hair care products or substances (“open the sealing stopper (4) by rotating it counterclockwise…and inject the cleaning liquid containing a certain amount of perfume into the cleaning liquid storage container (1). When the inside is filled and the sealing stopper 4 is tightened in the clockwise direction, the cleaning liquid filled by the sealing rubber 17 is stored without leaking to the outside”, refer to Seo Page 4). While Seo discloses a threaded, removable cap, Seo does not disclose that the removable cap is disposed on a bottom portion of the handle.
Ottaviani discloses a similar fluid dispensing (refer at least to the Abstract) brush (10, Figures 1-9), fully capable of being used for hair, comprising a head portion (16), a handle (12), a bulb (14 + 26) positioned in the hollow interior of the handle (best shown in Figures 2 and 4), and a removable cap (20) secured to a bottom portion of the handle to provide access to the hollow interior (refer to Paragraph [0085]), and a cartridge (34, 38) disposed within the hollow interior (best shown in Figures 2 and 4) that is in fluid communication with the bulb (best shown in Figures 2, and 7-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Seo’s brush such that the removable cap secured to a bottom portion of the handle to provide access to the hollow interior, as taught by Ottaviani, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a removable means for accessing an interior of a hollow brush handle in order to replenish a hair treating fluid stored therein.
The combination of Seo and Ottaviani does not disclose wherein the hollow interior comprises a pin, and wherein the pin is configured to puncture a cartridge when the cartridge is inserted into the hollow interior to release the substance. Ottaviani further discloses a cartridge (34, 38), stored within the hollow interior of the handle such that the fluid stored within the handle is contained within the cartridge and is in fluid communication with the bulb. Such a configuration permits easy swapping of different cartridges while maintaining a cleanliness of the interior of the handle. 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 brush of the combination of Seo and Ottaviani to comprise a cartridge in fluid communication with the bulb, as taught by Ottaviani, since such a modification provides the advantage of permitting easy swapping of different cartridges while maintaining a cleanliness of the interior of the handle.
The combination of Seo and Ottaviani does not disclose wherein the hollow interior comprises a pin, and wherein the pin is configured to puncture the cartridge when the cartridge is inserted into the hollow interior to release the substance. Rather, the combination discloses the cartridge to have an end (35, Ottaviani, Figure 5) already opened that permits the release of the substance when it is inserted into the hollow interior.
Blabas discloses a similar dispensing brush (100, Figures 1-63), fully capable of being used on hair, wherein the brush comprises a head portion (115), a handle (105 + 145) which stores a cartridge (150) that stores a fluid to be supplied to the head portion (refer to Paragraph [0078]). Blabas’ brush further discloses a pin (187) disposed within the handle (best shown in Figure 7), wherein the pin is configured to puncture the cartridge when the cartridge is inserted into the hollow interior to release the substance (“point, edge, needle, etc…which is configured to puncture the seal or membrane of the fluid reservoir). Such a configuration provides a means for preventing debris from entering the cartridge. 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 brush of the combination of Seo and Ottaviani such that the hollow interior further comprises a pin, wherein the pin is configured to puncture the cartridge when the cartridge is inserted into the hollow interior to release the substance, as taught by Blabas, since such a modification provides the advantage of preventing debris from entering the cartridge prior to use.
Regarding claim 6, the combination of Seo, Ottaviani, and Blabas discloses the hairbrush of claim 1, as applied above. Seo further discloses wherein the at least one nozzle comprises a distal nozzle (20b, best shown in Figure 10, the nozzles disposed on the top half of the hairbrush define distal nozzles) and a proximal nozzle (20b, best shown in Figure 10, the nozzles disposed on the bottom half of the hairbrush define proximal nozzles), each of which are positioned on the front face of the head portion (best shown in Figure 10, wherein the opening of the nozzles coincides with the front face) and each of which are configured to eject the substance in response to the application of pressure by the user on the bulb (“pumping the elastic tube (3) repeatedly, the hair dye is passed through the suction tube (7), elastic tube (3) 10 flows into the flow path 21 and flows out to the hair color ejection outlets 20a, 20b which are punctured between the comb blade and the comb”, refer to Page 5).
Regarding claim 10, the combination of Seo, Ottaviani, and Blabas discloses the hairbrush of claim 1, as applied above. Seo further discloses wherein the bulb is formed from a material that is capable of sustaining a deformation and after such deformation, retracts to its original dimensions (“elastic tube”, refer to Page 5, wherein elastic materials are capable of sustaining a deformation and after such deformation, retract to their original dimensions).
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Seo, Ottaviani, and Blabas, as applied to claim 1 above, and further in view of Herbert (US2849009A).
Regarding claim 2, the combination of Seo, Ottaviani, and Blabas discloses the hairbrush of claim 1, as applied above, but does not disclose wherein the internal portion of the head comprises:
a distal cavity;
a proximal cavity;
a trammel separating the distal cavity from the proximal cavity and further configured to form dimensions of each of the cavities by providing sidewalls thereof;
wherein the distal cavity and the proximal cavity are configured and dimensioned to retain the substance introduced from the bulb when the pressure is applied to the bulb by the user. Rather, Seo appears to discloses a single, continuous cavity (21) extending through the internal portion of the head.
Herbert discloses a similar hairbrush (Figures 1-6) for applying dye to a user’s hair (refer to Column 1, lines 16-17), the hairbrush comprising a head portion (10 + 11) and a bulb/handle (20), wherein the handle houses the dye to be dispensed on the user’s hair. The brush further comprises a plurality of bristles (12) and a plurality of nozzles (32) disposed on a face of the brush (referring to Figure 1, the front face is the surface from which bristles, 12, depend). The head portion comprises an internal portion (referring to Figures 1, and 3-6, every feature of the head portion bound by its external surface comprises the internal portion), the internal portion comprising a distal cavity (28) and a proximal cavity (22 and/or 27, best shown in Figure 3), and a trammel (the term “trammel” is interpreted in line with the instant application, wherein the trammel is defined by surface geometry that provides cavities for housing the fluid to be dispensed to the user’s hair; in Herbert, that geometry/trammel is defined by 25, best shown in Figure 4 and/or portion of device indicated in cropped and annotated Figure 3, below) separating the distal cavity from the proximal cavity and further configured to form dimensions of the each of the cavities by providing sidewalls thereof (“the composite passage 27 extends from the nozzle end of the comb to the center thereof, it does not communicate with either grooves 28 and 29 except at the extreme end of the composite groove 27 where liquid is fed into such grooves 28 and 29 through the centrally located perpendicular passage extensions 30 and 31 respectively. Accordingly, as will be observed in Figure 5, the liquid flows through passage 27 and branches off into two streams through extensions 30 and 31 respectively which constitute a transverse passageway”, refer to Column 2, lines 22-28) wherein the distal cavity and the proximal cavity are configured and dimensioned to retain the substance introduced from the bulb when the pressure is applied to the bulb by the user (refer to Column 2, lines 59-64). Herbert’s hairbrush provides the proximal and distal cavities in order to provide a substantially uniform application of the liquid along the length of the comb body (refer to Column 2, lines 66-68). 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 brush of the combination of Seo, Ottaviani, and Blabas such that the internal portion of the head comprises a distal cavity, a proximal cavity, a trammel separating the distal cavity from proximal cavity and further configured to form dimensions of the each of the cavities by providing sidewalls thereof; and wherein the distal cavity and the proximal cavity are configured and dimensioned to retain the substance introduced from the bulb when the pressure is applied to the bulb by the user, as taught by Herbert, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing uniform application of the liquid along the length of the brush body.
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Regarding claim 3, the combination of Seo, Ottaviani, Blabas and Herbert disclose the hairbrush of claim 2, as applied above. Per the modification addressed in claim 2, the proximal and distal cavities of Herbert were incorporated into the brush of the combination of Seo, Ottaviani, and Blabas, wherein Herbert’s hairbrush further comprises a back cover (interior surface of 13 + interior surface of 14 + interior surface of 15, which together form an inverted U-shape, that covers the proximal and distal cavities; refer to Figures 3-4) configured to cover a back of the head portion (upper surface of 25, with respect to the orientation of Figure 4) and each of the cavities (best shown in Figures 3-4).
Regarding claim 4, the combination of Seo, Ottaviani, Blabas and Herbert discloses the hairbrush of claim 2, as applied above. Per the modification addressed in claim 2, the proximal and distal cavities of Herbert were incorporated into the brush of the combination of Seo, Ottaviani, and Blabas wherein Herbert’s trammel comprises a middle pipe (30 + 31) configured to connect the distal cavity to the proximal cavity, wherein the middle pipe is a hollow aperture in the trammel and is further configured to pipe the substance from the proximal cavity to the distal cavity when the user applies pressure to the bulb (refer to Column 2, lines 59-64).
Regarding claim 5, the combination of Seo, Ottaviani, Blabas and Herbert discloses the hairbrush of claim 2, as applied above. Seo discloses that the handle comprises a handle pipe (8 and/or 11, refer to Seo Figures 2, and 4-5), which is a hollow aperture (refer to Seo Figures 2 and 4-5) that is in fluid communication with the single interior cavity on an interior of the brush head and is also in fluid communication with the bulb in the handle (refer to Seo Page 5). Per the modification addressed in claim 2, Seo’s single interior cavity on an interior of the hairbrush was modified to have proximal and distal cavities; however, the inlet to the hairbrush was not modified, i.e. modified Seo discloses wherein the distal cavity is in fluid communication with the handle via a handle pipe, wherein the handle pipe is a hollow aperture located in the handle such that the handle is in fluid communication with the bulb via the handle pipe.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Seo, Ottaviani, and Blabas, as applied to claim 1 above, and further in view of Hudson (US3818917).
Regarding claim 7, the combination of Seo, Ottaviani, and Blabas discloses the hairbrush of claim 6, as applied above, the hairbrush further comprising a distal cavity (21). The combination does not disclose wherein the distal nozzle comprises a hollow curved body in fluid communication with a distal cavity and a spout in fluid communication with the hollow curved body. Rather, the nozzle is depicted as being substantially straight and the nozzle does not comprise a separate spout.
Hudson discloses a similar hairbrush (10, Figures 1-8) having a head portion (13) and a handle (12), the handle housing a substance (“bleach or the like”, refer to the Abstract) to be applied to a user’s hair via manual pumping (19) by the user. The head portion comprises a plurality of nozzles (24, best shown in Figures 3 and 7), wherein the three nozzles disposed at a left side of the hairbrush (refer to Figure 2) define distal nozzles. These distal nozzles convey the bleach/substance therethrough, and comprise a hollow curved body in fluid communication with a distal cavity (23), and a spout (30a, 30b, 30c, see Figures 4-6) in fluid communication with the hollow curved body in order to achieve “different size flow restricting openings therethrough for obtaining different flow rates”, (refer to Column 3, lines 11-12). 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 brush of the combination of Seo, Ottaviani, and Blabas such that the nozzles comprise hollow curved bodies, as taught by Hudson, since such a modification would have involved simple substitution of one known element (a curved body) for another known element (a straight body) in order to achieve the predictable result of dispensing a hair treating fluid through a plurality of nozzles to dispense said fluid onto a user’s hair. It additionally would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the nozzles of the combination of Seo and Hudson to have a spout in fluid communication with the hollow curved body, as taught by Hudson, since such a modification provides the advantage of enabling the hairbrush to dispense at different flowrates depending on the size of the spout.
Regarding claim 8, the combination of Seo, Ottaviani, and Blabas discloses the hairbrush of claim 6, as applied above. Seo further discloses the hairbrush further comprising a proximal cavity (21). The combination does not disclose wherein the proximal nozzle comprises a hollow curved body in fluid communication with the proximal cavity and a spout in fluid communication with the hollow curved body. Rather, the nozzle is depicted as being substantially straight and the nozzle does not comprise a separate spout.
Hudson discloses a similar hairbrush (10, Figures 1-8) having a head portion (13) and a handle (12), the handle housing a substance (“bleach or the like”, refer to the Abstract) to be applied to a user’s hair via manual pumping (19) by the user. The head portion comprises a plurality of nozzles (24, best shown in Figures 3 and 7), wherein the three nozzles disposed at a right side of the hairbrush (refer to Figure 2) define proximal nozzles. These proximal nozzles convey the bleach/substance therethrough, and comprise a hollow curved body in fluid communication with a distal cavity (23). The nozzles further comprise a spout (30a, 30b, 30c, see Figures 4-6) in fluid communication with the hollow curved body in order to achieve “different size flow restricting openings therethrough for obtaining different flow rates”, (refer to Column 3, lines 11-12). 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 brush of the combination of Seo, Ottaviani, and Blabas such that the nozzles comprise hollow curved bodies, as taught by Hudson, since such a modification would have involved simple substitution of one known element (a curved body) for another known element (a straight body) in order to achieve the predictable result of dispensing a hair treating fluid through the plurality of nozzles to dispense said fluid onto a user’s hair. It additionally would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the nozzles of the combination of Seo, Ottaviani, and Blabas and Hudson to have a spout in fluid communication with the hollow curved body, as taught by Hudson, since such a modification provides the advantage of enabling the hairbrush to dispense at different flowrates depending on the size of the spout.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Seo, Ottaviani, and Blabas, as applied to claim 1 above, and further in view of Rees-Jones et al. (US2017/0127784).
Regarding claim 9, the combination of Seo, Ottaviani, and Blabas discloses the hairbrush of claim 1, as applied above. Seo does not disclose wherein the front face is coated with a hydrophilic coating, wherein the hydrophilic coating is configured to repel the substance such that the substance covers the front face.
Rees-Jones discloses different hair treating devices including a hairbrush (Figures 4a-4d) that comprises a contact surface that contacts the user’s hair (refer to Paragraph [0026]). The contact surface further comprises means for encouraging moisture to condense on the contact surface in order to transfer that moisture to the user’s hair (refer to Paragraph [0040]). In order to control the moisture present on the contact surface, the surface may have hydrophilic coatings (refer to Paragraph [0040]) in order to “attract, channel or repel moisture to transport moisture to a location so as to be rapidly taken up into the hair being treated” (refer to Paragraph [0040]), thereby controlling the moisture/substance present on the surface of the hair treating device/brush in order to direct to the user’s hair. 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 brush of the combination of Seo, Ottaviani, and Blabas such that the front face is coated with a hydrophilic coating, wherein the hydrophilic coating is configured to repel the substance such that the substance covers the front face, as taught by Reese-Jones, in order to better control and transfer a substance from the surface of the hairbrush to the user’s hair.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Seo, Ottaviani, and Blabas, as applied to claim 1, above, and further in view of Williams (US5033898).
Regarding claim 11, the combination of Seo, Ottaviani, and Blabas discloses the hairbrush of claim 1, as applied above. Seo further discloses wherein the lower tube portion (portion of 3 that surrounds opening 15a) is connected to a bottom end of the body (best shown in Figure 6), wherein the tube portion is configured to allow a user to fill the bulb with the substance (“The opening and closing pipe 11a and the suction pipe 7 are sequentially inserted into the lower end of the elastic tube 3 for pumping the cleaning liquid or the dye filled in the cleaning liquid storage container 1, and the upper end of the opening and closing pipe 11a is an elastic tube ( 3) It is coupled to communicate with the suction discharge hole (15a) formed in the bottom to maintain the airtightness”, refer to Page 3), wherein the tube portion comprises an opening in its bottom end (refer to Figure 6).
The combination does not disclose wherein the lower tube portion is made of material that is more rigid than the bulb body.
Williams discloses a similar brush (10, Figures 1-7), fully capable of being used as a hairbrush, the brush comprising a bulb (16) that is flexible (refer to Column 1, line 68-Column 2, line 1) with a lower tube portion (17), wherein the lower tube portion is made of a material that is more rigid than the bulb body (“Structure 17 is a relatively thick annular wall such that it is rigid (non-flexible)”, refer to Column 2, lines 2-4). 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 brush of the combination of Seo, Ottaviani, and Blabas, such that the lower tube portion is made of material that is more rigid than the bulb body, as taught by Williams, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a flexible bulb capable of being securely attached to a brush.
Regarding claim 12, the combination of Seo, Ottaviani, Blabas and Williams discloses the hairbrush of claim 11, as applied above. Seo further discloses wherein the body of the bulb protrudes slightly from the handle (best shown in Seo Figures 1 and 7) allowing the user to, in a single gesture, squeeze product from the brush handle and out of the nozzles during use (“The opening and closing pipe 11a and the suction pipe 7 are sequentially inserted into the lower end of the elastic tube 3 for pumping the cleaning liquid or the dye filled in the cleaning liquid storage container 1, and the upper end of the opening and closing pipe 11a is an elastic tube ( 3) It is coupled to communicate with the suction discharge hole (15a) formed in the bottom to maintain the airtightness”, refer to Seo Page 3).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Seo, Ottaviani, Blabas, and Hudson as applied to claim 7 above, and further in view of Kim (KR200488056Y1).
Regarding claim 14, the combination of Seo, Ottaviani, Blabas, and Hudson discloses the hairbrush of claim 7, as applied above. The combination does not disclose wherein the body comprises a hinged cap.
Kim discloses a similar hairbrush (Figures 1-5) for applying a hair dye (refer to the Abstract), the hairbrush comprising a head portion (10), a handle (30) which houses the hair dye (S) that is to be applied to the user’s hair, and a plurality of bristles (20) which comprise spouts (21) through which the hair dye exits the plurality of bristles. Each of the spouts comprises a hinged (22, best shown in Figure 4) cap (21, best shown in Figure 4) thereon for “preventing leakage of the dyeing…material” (refer to Page 2), these hinged caps being disposed on the body. 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 brush of the combination of Seo, Ottaviani, Blabas, and Hudson such that the body comprises a hinged cap, as taught by Kim, since such a modification provides the advantage of preventing undesired egress of the substance from the nozzles.
Response to Arguments
Information Disclosure Statement
Applicant has provided an English translation of EP89111474.6/EP0364667; this reference has now been considered by the examiner. The examiner is including an updated annotated copy of the IDS submitted by applicant on 07/14/2022.
Specification
Applicant’s amendments to the specification overcomes all previous objections; the previous specification objections are hereby withdrawn.
Drawings
The replacement drawings are not accepted as they appear to be incorporating new matter, as indicated above.
35 USC 112(b)
Applicant’s amendments to the claims overcome all previous 35 USC 112(b) rejections; all previous 35 USC 112(b) rejections are withdrawn.
35 USC 102/103
Applicant’s arguments with respect to claim(s) 1-14 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.
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.
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/SARAH WOODHOUSE/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799