Prosecution Insights
Last updated: April 18, 2026
Application No. 18/034,615

HAIRCARE APPLIANCE

Non-Final OA §101§112
Filed
Apr 28, 2023
Examiner
LAUX, DAVID J
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Dyson Technology Limited
OA Round
1 (Non-Final)
65%
Grant Probability
Moderate
1-2
OA Rounds
3y 1m
To Grant
93%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allow Rate
543 granted / 838 resolved
-5.2% vs TC avg
Strong +29% interview lift
Without
With
+28.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
19 currently pending
Career history
857
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
25.8%
-14.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 838 resolved cases

Office Action

§101 §112
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 03/05/2026. Claim(s) 1–23 are pending. Election/Restrictions Claims 5–1 1 & 19–23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a non-elected invention , there being no allowable generic or linking claim at this time . Applicant timely traversed the restriction (election) requirement in the reply filed on 03/05/2026 on the ground(s) that the inventions are so linked as to form a single general inventive concept . This is not found persuasive because the general inventive concept must be novel and non-obvious over the prior art . As explained in the restriction requirement, the inventive concept does is not novel and non-obvious over the prior art. The requirement is still deemed proper and is therefore made FINAL. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “ an airflow temperature module for obtaining a value indicative of a temperature of the airflow at the air outlet” in claim 1, which has been interpreted to mean “a temperature sensor such as a thermistor, thermocouple, or resistance temperature detector ; “a moisture estimation module configured to estimate … a moisture content of the hair” in claim 1, which has been interpreted to mean “a programmable logic controller preprogrammed with computer instructions sufficient to estimate a moisture content of hair based on airflow temperature, distance to hair, and temperature of the hair” . Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.— Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 2, 4, 12–15 , & 18 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. In each of the claims, the phrase “is configured” or “comprises” is used to present limitations regarding the moisture estimation model; however, since the phrase does not include the term “further,” the claim could be read as substituting the “configured to” clause in claim 1 for that in the dependent claim . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Examiner suggests amending each of the claims to include the word “further” before “configured” or “comprises” as appropriate ( e.g. , “is further configured to”). To promote compact prosecution, Examiner recommends making similar amendments to the withdrawn claims as necessary. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim s 1–4 & 12–18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a moisture estimation process without significantly more. The claim(s) recite(s) a haircare appliance that is known in the art (see US 2022/0071367 to Zhu et al . This judicial exception is not integrated into a practical application because the moisture estimate is not used for any purpose . The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the result of the moisture estimate would need to have a purpose, such as adjusting the air speed or temperature, sending a notification to the user, or turning off the device . Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : see attached PTO-892 . Applicant is encouraged to review the cited references prior to submitting a response to this office action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DAVID J LAUX whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7619 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 8:30-5:30 M-F . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Steven B McAllister can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-6785 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DAVID J LAUX/ Primary Examiner, Art Unit 3762 March 1 8 , 2026
Read full office action

Prosecution Timeline

Apr 28, 2023
Application Filed
Mar 05, 2026
Response Filed
Mar 18, 2026
Non-Final Rejection — §101, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
93%
With Interview (+28.6%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 838 resolved cases by this examiner. Grant probability derived from career allow rate.

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