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. Claims 5–11 & 19–23 were previously withdrawn as being directed to a non-elected invention.
Response to Arguments
Applicant's arguments filed 05/12/2026 have been fully considered but they are not persuasive. Applicant argues that the claim as amended sufficiently recites a concrete purpose; however, the amended language is intended use, not positively recited. To overcome the § 101 rejection, the claim should be amended to include a positive recitation of a real-world use, not merely a potential one. Applicant is encouraged to amend the claim as indicated below or with similar claim language.
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.
Claims 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. In this case, the amended claims state that the gathered information could be used “for adjusting at least one of a level of electrical power supplied to the heater and a rate of the airflow;” however, the level of electrical power need not actually be adjusted. Examiner suggests including the limitation “wherein at least one of a level of electrical power supplied to the heater and a rate of the airflow is adjusted based on the output of the moisture estimation module” (or something similar).
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
June 3, 2026
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