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 Arguments
Applicant’s arguments, see section “II. Election/Restrictions”, filed 01/23/2026, with respect to Election/Restrictions have been fully considered and are persuasive. The Election/Restrictions has been withdrawn.
Claim Objections
Claim 24 is objected to because of the following informalities:
Claim 24 recites the limitation “moveable member” in line 2. Please amend to --- movable member ---.
Appropriate correction is required.
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.
Claim 19-28 and 30-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schepisi (US 5,661,910).
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Regarding claim 19, Schepisi shows a haircare appliance (fig. 15) (ref. figs. 1-11c) comprising:
an air inlet (the haircare appliance of Schepisi inherently has an air inlet which is well-known in the art);
an air outlet (outlet of item 1 where item 4 is connected to as shown in fig. 15, ref. figs. 1, 5); and
an airflow generator (the haircare appliance of Schepisi inherently has an airflow generator or fan or blower which is well-known in the art) for generating an airflow from the air inlet (the haircare appliance of Schepisi inherently has an air inlet which is well-known in the art) to the air outlet (outlet of item 1 where item 4 is connected to as shown in fig. 15, ref. figs. 1, 5);
wherein the air outlet (outlet of item 1 where item 4 is connected to as shown in fig. 15, ref. figs. 1, 5) comprises a first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) having a first cross-sectional area (cross-sectional area of item 7, fig. 15, ref. figs. 1, 3, 5, 7), and a second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) having a second cross-sectional area (cross-sectional area of item 8a, ref. figs. 5, 7) greater than the first cross-sectional area (cross-sectional area of item 7, fig. 15, ref. figs. 1, 3, 5, 7), and the haircare appliance (fig. 15) (ref. figs. 1-11c) comprises a first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23) in which airflow through the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is inhibited (col. 5, lines 17-23), and a second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16) in which airflow through the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is uninhibited (col. 5, lines 9-16).
Regarding claim 20, Schepisi shows wherein airflow through the first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) is uninhibited (col. 5, lines 17-23) in the first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23).
Regarding claim 21, Schepisi shows wherein airflow through the first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) is inhibited (col. 5, lines 9-16) in the second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16).
Regarding claim 22, Schepisi shows wherein the haircare appliance (fig. 15) (ref. figs. 1-11c) is configured to move from the first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23) to the second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16) in response to contact with hair (in response to contact with hair, the user actuates item 12, col. 7, lines 3-14).
Regarding claim 23, Schepisi shows wherein the air outlet (outlet of item 1 where item 4 is connected to as shown in fig. 15, ref. figs. 1, 5) comprises a plurality of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7), each first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) having the first cross-section area (cross-sectional area of item 7, fig. 15, ref. figs. 1, 3, 5, 7), airflow through each of the plurality of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7) is uninhibited (col. 5, lines 17-23) in the first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23), and airflow through each of the plurality of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7) is inhibited (col. 5, lines 9-16) in the second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16).
Regarding claim 24, Schepisi shows wherein the haircare appliance (fig. 15) (ref. figs. 1-11c) comprises a moveable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) movable from a first position (as shown in ref. fig. 7, col. 5, lines 17-23) corresponding to the first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23) to a second position (as shown in ref. fig. 5, col. 5, lines 9-16) corresponding to the second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16), airflow through the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is inhibited (col. 5, lines 17-23) by the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) in the first position (as shown in ref. fig. 7, col. 5, lines 17-23), and airflow through the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is uninhibited (col. 5, lines 9-16) by the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) in the second position (as shown in ref. fig. 5, col. 5, lines 9-16).
Regarding claim 25, Schepisi shows wherein the first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) is formed in the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14), the haircare appliance (fig. 15) (ref. figs. 1-11c) comprises a main airflow path (airflow path inside item 1, fig. 15, ref. fig. 1), and a channel (6, fig. 15, ref. figs. 1, 3, 5-7) leading from the main airflow path (airflow path inside item 1, fig. 15, ref. fig. 1) to the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14), the channel (6, fig. 15, ref. figs. 1, 3, 5-7) is aligned (as shown in ref. fig. 7, col. 5, lines 17-23) with the first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) in the first position (as shown in ref. fig. 7, col. 5, lines 17-23), and the channel (6, fig. 15, ref. figs. 1, 3, 5-7) is blocked (as shown in ref. fig. 5, col. 5, lines 9-16) by the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) in the second position (as shown in ref. fig. 5, col. 5, lines 9-16).
Regarding claim 26, Schepisi shows wherein the haircare appliance (fig. 15) (ref. figs. 1-11c) comprises a fixed body (4, 8, fig. 15, ref. figs. 1, 5) to which the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) is mounted, a plurality of rows of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7) formed in the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14), and a plurality of channels (6, fig. 15, ref. figs. 1, 3, 5-7) formed in the fixed body (4, 8, fig. 15, ref. figs. 1, 5), each channel (6, fig. 15, ref. figs. 1, 3, 5-7) leading from the main airflow path (airflow path inside item 1, fig. 15, ref. fig. 1) to the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14), each channel (6, fig. 15, ref. figs. 1, 3, 5-7) aligned (as shown in ref. fig. 7, col. 5, lines 17-23) with a respective row of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7) in the first position (as shown in ref. fig. 7, col. 5, lines 17-23), and each channel (6, fig. 15, ref. figs. 1, 3, 5-7) blocked (as shown in ref. fig. 5, col. 5, lines 9-16) by the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) in the second position (as shown in ref. fig. 5, col. 5, lines 9-16).
Regarding claim 27, Schepisi shows wherein the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) is resiliently biased into the first position (as shown in ref. fig. 7, col. 5, lines 17-23).
Regarding claim 28, Schepisi shows wherein the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) comprises a plurality of bristles (300, fig. 15, col. 8, lines 36-44) for contacting hair.
Regarding claim 30, Schepisi shows an attachment (3, fig. 15, ref. figs. 1,3, 5) for a haircare appliance (fig. 15) (ref. figs. 1-11c) comprising an air inlet (the haircare appliance of Schepisi inherently has an air inlet which is well-known in the art), and an air outlet (outlet of item 1 where item 4 is connected to as shown in fig. 15, ref. figs. 1, 5), wherein the air outlet (outlet of item 1 where item 4 is connected to as shown in fig. 15, ref. figs. 1, 5) comprises a first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) having a first cross-sectional area (cross-sectional area of item 7, fig. 15, ref. figs. 1, 3, 5, 7), and a second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) having a second cross-sectional area (cross-sectional area of item 8a, ref. figs. 5, 7) greater than the first cross-sectional area (cross-sectional area of item 7, fig. 15, ref. figs. 1, 3, 5, 7), and the attachment (3, fig. 15, ref. figs. 1,3, 5) comprises a first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23) in which airflow through the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is inhibited (col. 5, lines 17-23), and a second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16) in which airflow through the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is uninhibited (col. 5, lines 9-16).
Regarding claim 31, Schepisi shows wherein airflow through the first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) is uninhibited (col. 5, lines 17-23) in the first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23).
Regarding claim 32, Schepisi shows wherein airflow through the first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) is inhibited (col. 5, lines 9-16) in the second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16).
Regarding claim 33, Schepisi shows wherein the attachment (3, fig. 15, ref. figs. 1,3, 5) is configured to move from the first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23) to the second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16) in response to contact with hair (in response to contact with hair, the user actuates item 12, col. 7, lines 3-14).
Regarding claim 34, Schepisi shows wherein the air outlet (outlet of item 1 where item 4 is connected to as shown in fig. 15, ref. figs. 1, 5) comprises a plurality of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7), each first aperture (7, fig. 15, ref. figs. 1, 3, 5, 7) having the first cross-sectional area (cross-sectional area of item 7, fig. 15, ref. figs. 1, 3, 5, 7), airflow through each of the plurality of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7) is uninhibited (col. 5, lines 17-23) in the first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23), and airflow through each of the plurality of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7) is inhibited (col. 5, lines 9-16) in the second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16).
Regarding claim 35, Schepisi shows wherein the attachment (3, fig. 15, ref. figs. 1,3, 5) comprises a moveable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) movable from a first position (as shown in ref. fig. 7, col. 5, lines 17-23) corresponding to the first configuration (configuration as shown in ref. fig. 7; col. 5, lines 17-23) to a second position (as shown in ref. fig. 5, col. 5, lines 9-16) corresponding to the second configuration (configuration as shown in ref. fig. 5; col. 5, lines 9-16), airflow through the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is inhibited (col. 5, lines 17-23) by the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) in the first position (as shown in ref. fig. 7, col. 5, lines 17-23), and airflow through the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is uninhibited (col. 5, lines 9-16) by the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) in the second position (as shown in ref. fig. 5, col. 5, lines 9-16).
Regarding claim 36, Schepisi shows wherein the attachment (3, fig. 15, ref. figs. 1,3, 5) comprises a fixed body (4, 8, fig. 15, ref. figs. 1, 5) to which the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) is mounted, a plurality of rows of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7) formed in the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14), and a plurality of channels (6, fig. 15, ref. figs. 1, 3, 5-7) formed in the fixed body (4, 8, fig. 15, ref. figs. 1, 5), each channel (6, fig. 15, ref. figs. 1, 3, 5-7) leading from the main airflow path (airflow path inside item 1, fig. 15, ref. fig. 1) to the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14), each channel (6, fig. 15, ref. figs. 1, 3, 5-7) aligned (as shown in ref. fig. 7, col. 5, lines 17-23) with a respective row of first apertures (7, fig. 15, ref. figs. 1, 3, 5, 7) in the first position (as shown in ref. fig. 7, col. 5, lines 17-23), and each channel (6, fig. 15, ref. figs. 1, 3, 5-7) blocked (as shown in ref. fig. 5, col. 5, lines 9-16) by the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) in the second position (as shown in ref. fig. 5, col. 5, lines 9-16).
Regarding claim 37, Schepisi shows as claimed in claim 36, wherein the second aperture (apertures form between items 16”, 16” of item 16 and item 8, ref. figs. 5, 6) is formed in the fixed body (4, 8, fig. 15, ref. figs. 1, 5) and extends parallel to one of the channels (6, fig. 15, ref. figs. 1, 3, 5-7).
Regarding claim 38, Schepisi shows wherein the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) is resiliently biased into the first position (as shown in ref. fig. 7, col. 5, lines 17-23).
Regarding claim 39, Schepisi shows wherein the movable member (5, 16, fig. 15, ref. figs. 2-8, col. 6, line 11 thru col. 7, line 14) comprises a plurality of bristles (300, fig. 15, col. 8, lines 36-44) for contacting hair.
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.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Schepisi as applied to claim 19 above, and in view of Marthinsen et al. (US 8,782,920; hereinafter Marthinsen).
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Regarding claim 29, Schepisi discloses wherein the haircare appliance (fig. 15) (ref. figs. 1-11c) comprises a handle unit (as shown in ANNOTATED fig. 1), and an attachment (3, fig. 15, ref. figs. 1,3, 5) defining the air outlet (outlet of item 1 where item 4 is connected to as shown in fig. 15, ref. figs. 1, 5), the attachment (3, fig. 15, ref. figs. 1,3, 5) removably attachable (as shown in figs. 1, 3) to the handle unit (as shown in ANNOTATED fig. 1).
Schepisi does not disclose a handle unit within which the airflow generator is disposed.
Marthinsen teaches a handle unit (Marthinsen, handle at item 4 where item 11 disposed inside, figs. 1, 3a) within which the airflow generator (Marthinsen, 11, fig. 3a) is disposed.
It is noted that there are a limited number of choices available to a person of ordinary skill in the art for providing a handle unit type. In this regard, it is noted that Marthinsen teaches a handle unit within which the airflow generator is disposed.
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to try the handle unit of Marthinsen to the haircare appliance of Schepisi, since this is simply another handle unit type for holding the haircare appliance during use.
“When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103.” KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007). Therefore, it would have been obvious to try the handle unit of Marthinsen to the haircare appliance of Schepisi, since this is simply another handle unit type for holding the haircare appliance during use.
Conclusion
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/BAO D NGUYEN/Patent Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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