DETAILED ACTION
Application Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to Applicant’s submission dated 04/13/2026. Claim(s) 1–17 are pending. Claims 16–17 were withdrawn as being drawn to a non-elected invention.
Response to Arguments
Applicant's arguments filed 04/13/2026 have been fully considered but they are not persuasive.
Applicant argues that Nicolson fails to disclose “airflow discharged from each outlet in a direction substantially tangential to an external surface of the attachment.” Examiner disagrees. Figures 6a & 6c show the airflow being discharged substantially tangential to the external surface.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1–5, 7–9 & 11–12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0273428 to Nicolson et al.
With regard to claim 1, Nicolson discloses an attachment (10) for a haircare appliance (abstract) comprising: an inlet (12) for receiving an airflow (Fig. 1; ¶ 0056); a plurality of outlets (94–97) through which the airflow is discharged (Figs. 6, 6c; ¶¶ 0073, 0075, 0079–0080); and one or more members (16, 18) moveable between a first position and a second position (Figs. 6, 6a, 6c; ¶ 0057, 0060, 0073, 0075–0076), wherein the airflow is discharged from at least some of the outlets (96, 97) in a clockwise direction when the members (16, 18) are in the first position (Fig. 6c; ¶ 0073), and the airflow is discharged from at least some of the outlets (94, 95) in a counterclockwise direction when the members are in the second position (Fig. 6a; ¶ 0076), and the airflow is discharged from each outlet (94–97) in a direction substantially tangential to an external surface of the attachment (Figs. 6a, 6c; arrows are shown depicting tangential air movement).
With regard to claim 2, Nicolson further discloses the outlets (94–97) comprise first outlets through which the airflow is discharged in a clockwise direction (Fig. 6c; ¶ 0073) and second outlets through which the airflow is discharged in a counterclockwise direction (Fig. 6a; ¶ 0076), the members occlude the airflow to the second outlets when in the first position (Fig. 6c; ¶ 0073), and the members occlude the airflow to the first outlets when in the second position (Fig. 6a; ¶ 0076).
With regard to claim 3, Nicolson further discloses each of the members (16, 18) rotates between the first position and the second position (Figs. 6, 6a, 6c; ¶ 0057, 0060, 0073, 0075–0076).
With regard to claim 4, Nicolson further discloses each of the members (16, 18) rotates about a different, respective axis (Figs. 1, 6a, 6c).
With regard to claim 5, Nicolson further discloses each outlet (94–97) comprises a slot that extends substantially along the length of the attachment (10) (Figs. 1, 6a, 6c; ¶¶ 0073–0074).
With regard to claim 7, Nicolson further discloses the airflow discharged from each outlet is attracted to an external surface of the attachment (10) (Figs. 6a, 6c; arrows are shown depicting tangential air movement and the Coanda effect would inherently cause the air to be attracted to the external surface).
With regard to claim 8, Nicolson further discloses the attachment (10) is generally cylindrical (Fig. 1).
With regard to claim 9, Nicolson further discloses the attachment (10) has a longitudinal axis and each outlet (94–97) comprises a slot that extends parallel to the longitudinal axis (Figs. 1, 6a, 6c; ¶¶ 0073–0074).
With regard to claim 11, Nicolson further discloses each moveable member comprises a louvre (16, 18) (Figs. 6a, 6c), the attachment (10) comprises a plurality of columns (22, 42) (Figs. 6a, 6c), and each louvre (16, 18) contacts a first column (22, 42) when in the first position (Figs. 6a, 6c), and contacts a second, different column (22, 42) when in the second position (Figs. 6a, 6c).
With regard to claim 12, Nicolson further discloses each louvre (16, 18) contacts the first column (22, 42) along a first edge of the louvre (16, 18) and a first outlet is created along a second edge of the louvre (16, 18) when in the first position (Figs. 6a, 6c), each louvre (16, 18) contacts the second column along the second edge and a second outlet is created along the first edge when in the second position (Figs. 6a, 6c), the airflow is discharged from the first outlet in a clockwise direction (Figs. 6a, 6c), and the airflow is discharged from the second outlet in a counterclockwise direction (Figs. 6a, 6c).
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 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 10 & 13–15 are rejected under 35 U.S.C. 103 as being unpatentable over Nicolson in view of US 2015/0265024 to Maclaine.
Nicolson fails to disclose the attachment comprises an inner sleeve and an outer sleeve; the inner sleeve comprises a plurality of openings; the outer sleeve comprises a plurality of first openings and a plurality of second openings; the member is one of the inner sleeve and the outer sleeve and rotates relative to the other of the inner sleeve and the outer sleeve; when the member is in the first position, the openings of the inner sleeve align with the first openings of the outer sleeve such that the airflow is discharged in a clockwise direction; and when the member is in the second position, the openings of the inner sleeve align with the second openings of the outer sleeve such that the airflow is discharged in a counterclockwise direction. Maclaine teaches the attachment comprises an inner sleeve (330) and an outer sleeve (310); the inner sleeve (330) comprises a plurality of openings (318) (Figs. 10a-b, 11a-c, 12a-b, 13a-b; ¶¶ 0107–0117); the outer sleeve comprises a plurality of first openings (322) and a plurality of second openings (322) (Figs. 10a-b, 11a-c, 12a-b, 13a-b; ¶¶ 0107–0117); the member is one of the inner sleeve (330) and the outer sleeve (310) and rotates relative to the other of the inner sleeve (330) and the outer sleeve (310) (Figs. 10a-b, 11a-c, 12a-b, 13a-b; ¶¶ 0107–0117); when the member is in the first position, the openings (318) of the inner sleeve (330) align with the first openings (322) of the outer sleeve (310) such that the airflow is discharged in a clockwise direction (Figs. 10a-b, 11a-c, 12a-b, 13a-b; ¶¶ 0107–0117); and when the member is in the second position, the openings (318) of the inner sleeve (330) align with the second openings (322) of the outer sleeve (310) such that the airflow is discharged in a counterclockwise direction (Figs. 10a-b, 11a-c, 12a-b, 13a-b; ¶¶ 0107–0117). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the haircare appliance of Nicolson with the inner and outer cylinders of Maclaine because such a combination would have had the added benefit of a way to manually adjust the flow of the air.
With regard to claim 13, Nicolson as previously combined with Maclaine further discloses the attachment comprises a user-actuated selector (Maclaine: 336, 338) for moving the member between the first position and the second position (Maclaine: Figs. 10a-b, 11a-c, 12a-b, 13a-b; ¶¶ 0107–0117; movement of the triangle part (330) moves the member between the first and second positions).
With regard to claim 14, Nicolson as previously combined with Maclaine fails to disclose the selector comprises a dial that rotates to move the member between the first position and the second position. However, the use of dials to adjust ventilation output is old and well-known in the art. As such, it would have been obvious to one of ordinary skill, at the time of filing, to use a dial to adjust the ventilation output, since a dial is one of a limited number of known acceptable options.
With regard to claim 15, Nicolson as previously combined with Maclaine further discloses the selector is latched and has two stable positions corresponding to the first and second positions of the members (¶ 0114; “latched” has been interpreted in its broadest form to mean “held in place”).
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 DAVID J LAUX whose telephone number is (571)270-7619. The examiner can normally be reached 8:30-5:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J LAUX/Primary Examiner, Art Unit 3762
April 24, 2026
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