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 .
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, and 3-12 are rejected under 35 U.S.C. 103 as being unpatentable over Deng (CN215532308U) in view of Olette (DE867153C).
Regarding claim 1, Deng discloses a wind comb (Figures 1-4) comprising:
a housing (1 and/or 2, as best shown in Figure 3; and the handle which is not shown) defining a first receiving cavity (not labeled, refer to annotated Figure 3, below) and a second receiving cavity communicating with the first receiving cavity (not labeled, refer to annotated Figure 3, below; the first and second receiving cavities are connected and therefore in communication with one another), the first receiving cavity and the second receiving cavity arranged along a first direction (horizontal direction with respect to annotated Figure 3, below);
a plurality of comb teeth (4) disposed on the housing corresponding to the first receiving cavity (best shown in Figures 1 and 3), the plurality of teeth comprising a plurality of first teeth (refer to cropped and annotated Figure 2, below wherein a row of teeth disposed on the top surface of the housing defines a plurality of first teeth) and a plurality of second teeth (referring to the cropped and annotated Figure 3, below, a row of teeth disposed on the bottom surface of the housing corresponding to the first row, defines a second plurality of teeth) disposed on a same side of the housing (the first and second plurality of teeth are both disposed on a right side of the housing/to the right of head cover 2, refer to annotated Figure 3, below), wherein the plurality of first teeth is arranged in a row along the first direction (refer to cropped and annotated Figure 2 below, wherein a single row of teeth is identified, wherein this single row of teeth extends in the first direction/horizontal direction; it is additionally noted that for every individual row of teeth disposed on the top surface, a corresponding row exists on the bottom surface), such that the row of the first plurality of teeth is parallel to the row of the plurality of second teeth (referring to Figure 2, where for each individual row of first teeth on a top surface of the first housing, a corresponding row of second teeth is disposed on a bottom surface of the first housing where these two row are parallel to one another); a first plurality of wind inlets (11 at a top half of the body, as best shown in Figure 3) and a second plurality of wind inlets (11 at a bottom half of the body, as best shown in Figure 3);
a baffle (5 + 62) disposed in the first receiving cavity (best shown in Figure 3), the baffle defining a plurality of first vents (51 disposed on a top half of the baffle, with respect to the orientation defined in Figure 3) and a plurality of second vents (51 disposed on a bottom half of the baffle, with respect to the orientation defined in Figure 3), each of the plurality of first vents communicating with a corresponding one of the first wind inlets (“the baffle 5 is provided with an air outlet groove 51 corresponding to the air outlet hole 11. the rotating component 6 is rotatably set on the head cover 2 and connected with the baffle 5, the rotation of the rotating component 6 drives the baffle 5 to slide so that the air outlet groove 51 aligned or staggered with the air outlet hole 11”, refer to Page 5 of the translation; and “the user can through rotating the rotating component drives the baffle to slide so that the air outlet groove on the baffle plate is aligned or staggered with the air outlet hole on the seat body, so as to adjust the total area of the air outlet surface, so as to adjust the wind comb wind strength”, refer to Page 6 of the translation), each of the plurality of second vents communicating with a corresponding one of the second wind inlets (“the baffle 5 is provided with an air outlet groove 51 corresponding to the air outlet hole 11. the rotating component 6 is rotatably set on the head cover 2 and connected with the baffle 5, the rotation of the rotating component 6 drives the baffle 5 to slide so that the air outlet groove 51 aligned or staggered with the air outlet hole 11”, refer to Page 5 of the translation; and “the user can through rotating the rotating component drives the baffle to slide so that the air outlet groove on the baffle plate is aligned or staggered with the air outlet hole on the seat body, so as to adjust the total area of the air outlet surface, so as to adjust the wind comb wind strength”, refer to Page 6 of the translation); and
a driving unit (61) disposed in the second receiving cavity (refer to Figure 3), the driving unit connecting to the baffle (refer to Figure 3),
wherein the driving unit is configured to drive the baffle to move to a position such that each of the plurality of first vents communicates with or is isolated from the corresponding one of the first wind inlets, and to a position such that each of the plurality of second vents communicates with or is isolated from the corresponding one of the second wind inlets (“the user can through rotating the rotating component drives the baffle to slide so that the air outlet groove on the baffle plate is aligned or staggered with the air outlet hole on the seat body”, refer to Page 6 of the translation).
PNG
media_image1.png
651
1113
media_image1.png
Greyscale
PNG
media_image2.png
726
782
media_image2.png
Greyscale
Deng does not disclose each of the plurality of first teeth defines a first wind channel, comprising a first wind inlet communicating with the first receiving cavity and a first wind outlet, the first wind outlet is defined on a first side wall of each of the plurality of first teeth, away from the plurality of second teeth; each of the plurality of second teeth defines a second wind channel, comprising a second wind inlet communicating with the first receiving cavity and a second wind outlet, the second wind outlet is defined on a second side wall of each of the plurality of second teeth, away from the plurality of first teeth, a wind exit direction of the first wind outlet is different from a wind exit direction of the second wind outlet, and the wind exit direction of the first wind outlet and the wind exit direction of the second wind outlet are directed away from the housing, the wind exit direction of the first wind outlet is substantially along an extending direction of a corresponding first tooth of the plurality of first teeth, and the wind exit direction of the second wind outlet is substantially along an extending direction of a corresponding second tooth of the plurality of second teeth. Rather, Deng discloses the wind outlet of the wind comb to be disposed at a base of the comb teeth, between adjacent comb teeth, within the body of the housing of the first and second plurality of comb teeth (best shown in Figure 3).
Olette discloses a similar wind comb (Figures 1-7) comprising a housing body comprising a first receiving cavity (1), and a plurality of teeth (2). The comb further comprises a plurality of wind outlets (3) in communication with the first receiving cavity and disposed within the housing body at a base of adjacent comb teeth (see Figure 3), similar to that of Deng, or alternatively, wherein the comb teeth are provided as hollow comb teeth defining a wind channel therethrough that extends from a wind inlet disposed at a base of each tooth (refer to Paragraph [0003] which describes the comb teeth as hollow with a plurality of air outlets along a length thereof, which requires the base of the comb teeth to be in communication with the first receiving cavity in order for the air/wind to flow as intended), in communication with the first receiving cavity, with a wind outlet disposed within a sidewall of the comb teeth (refer to Figure 5, wherein a plurality of wind outlets are disposed within a sidewall of the comb teeth), along an extending length of the comb teeth (refer to Figure 5), thereby demonstrating that the position and configuration of the wind exit can be modified, as a matter of design choice, to provide functionally equivalent configurations (additionally refer to Paragraph [0003]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Deng’s wind comb such that each of the first and second plurality of comb teeth are provided as hollow comb teeth defining a wind channel therethrough and having a wind inlet that is in communication with the first receiving cavity, and where the wind outlets are disposed in a sidewall of the comb teeth of the first and second plurality of comb teeth instead of through the housing at a base of the teeth, as taught by Olette, since Olette demonstrates that either configuration works equally well and both configurations are art recognized functional equivalents.
Modifying Deng’s comb such that the comb teeth of the first and second plurality of comb teeth are hollow comb teeth defining a wind channel therethrough that is in communication with the first receiving cavity, and having a wind outlet disposed in a sidewall of the comb teeth provides a configuration wherein the first wind outlet is defined on a first sidewall of each of the plurality of first teeth (refer to Olette’s Figure 5 wherein a plurality of wind outlets, 3, are disposed along nearly the entire length of the comb teeth side wall), away from the plurality of second teeth (in Deng’s wind comb, the first teeth are disposed at a top surface of the housing, whereas the plurality of second teeth are disposed on a bottom surface of the housing, thereby providing the first sidewall to be away from/spaced apart from the plurality of second teeth); each of the plurality of second teeth each of the plurality of second teeth defines a second wind channel (in the modification addressed above, both the first and second plurality of teeth were modified to be hollow teeth such that the second teeth each define a second wind channel, through the hollow interior thereof), comprising a second wind inlet communicating with the first receiving cavity (in the modification addressed above, both the first and second plurality of teeth were modified to be hollow teeth comprising an opening at a base thereof in order to communicate with the first receiving cavity) and a second wind outlet (refer to Olette Figure 5, wherein the comb teeth comprise a plurality of wind outlets, 3, disposed about nearly an entire length of the comb tooth), the second wind outlet is defined on a second side wall of each of the plurality of second teeth (refer to Olette Figure 5), away from the plurality of first teeth (since Deng’s plurality of first teeth are disposed on a top surface of the housing and Deng’s plurality of second teeth are disposed on a bottom surface of the housing, the first and second plurality of teeth are away from/spaced apart from each other), a wind exit direction of the first wind outlet is different from a wind exit direction of the second wind outlet (direction is define as “a course along which someone or something moves”, refer to Oxford Languages; since the wind exit direction of the plurality of first teeth is disposed on a top surface and the wind exit direction of the plurality of second teeth is disposed on a bottom surface, and the wind exit direction is substantially transverse to a length of the comb teeth, the two exit directions/paths are spaced apart from one another and are therefore different), and the wind exit direction of the first wind outlet and the wind exit direction of the second wind outlet are directed away from the housing (the wind exit directions are substantially transverse to the housing, and are therefore directed not toward the housing and therefore directed away from the housing, similar to that of the instant invention), the wind exit direction of the first wind outlet is substantially along an extending direction of a corresponding first tooth of the plurality of first teeth (refer to Olette Figure 5, wherein the wind outlets, 3, are shown to extend along nearly an entire extending length of the comb tooth), and the wind exit direction of the second wind outlet is substantially along an extending direction of a corresponding second tooth of the plurality of second teeth (refer to Olette Figure 5, wherein the wind outlets, 3, are shown to extend along nearly an entire extending length of the comb tooth).
Regarding claim 3, the combination of Deng and Olette discloses the wind comb of claim 1, as applied above. Deng further discloses wherein the baffle further comprises a first arm (referring to Deng Figure 2, the first arm is the upper right plate of baffle, 5), a second arm (referring to Deng Figure 2, the second arm is the lower left plate of baffle, 5), and a connecting portion (62) connecting the first arm and the second arm (best shown in Deng Figure 3), the first vent is disposed on the first arm (refer to Deng Figure 3), the second vent is disposed on the second arm (best shown in Deng Figure 3), the driving unit is connected to the connecting portion (best shown in Deng Figure 3).
Regarding claim 4, the combination of Deng and Olette discloses the wind comb of claim 3, as applied above. Deng further discloses wherein the plurality of first vents is disposed in a first line (referring to Deng Figure 3, a line coincident with the section, that extends from left to right defines a first line through which each of the first vents is disposed thereon), the plurality of second vents is disposed in a second line parallel to the first line (referring to Deng Figure 3, a line coincident with the section, that extends from left to right defines a first line through which each of the first vents is disposed thereon), the plurality of first vents and the plurality of second vents are staggered with each other (stagger is defined by Merriam-Webster as “to arrange in any of various zigzags, alternations, or overlappings of position or time” and Merriam-Webster further defines overlap as “to occupy the same area in part; to have something in common”; per this definition, the first and second vents are staggered since they overlap, vertically due to the first and second vents occupying the same position along a length of the comb, as best shown in Deng Figure 3).
Regarding claim 5, the combination of Deng and Olette discloses the wind comb of claim 4, as applied above. Deng further discloses wherein the driving unit is further configured to drive the baffle to move along the first line or the second line, to a position that each of the plurality of first vents to communicate with or isolate from the corresponding first wind channel, and to a position that each of the plurality of second vents to isolate from or communicate with the corresponding second wind channel simultaneously (“As can be seen by the above description, when the guide block 52 is located in the first circumferential section 6211, the air outlet groove 51 aligned with the air outlet hole 11, the air outlet surface area reaches the maximum state, when the guide block 52 is located in the inclined section 6212, the air outlet groove 51
and the air outlet hole 11 are partially staggered, the air outlet surface area is reduced, when the guide block 52 is located in the second circumferential section 6213, the air outlet groove 51 and the air outlet hole 11 are completely staggered, the air outlet hole 11 is blocked by the baffle 5”, refer to Page 4 of the translation).
Regarding claim 6, the combination of Deng and Olette discloses the wind comb of claim 4, as applied above. Deng further discloses wherein the driving unit is further configured to drive the baffle to move along the first line or the second line, to a position that each of the plurality of first vents to at least partially communicate with the corresponding first wind channel, and to a position that each of the plurality of second vents to at least partially communicate with the corresponding second wind channel (“As can be seen by the above description, when the guide block 52 is located in the first circumferential section 6211, the air outlet groove 51 aligned with the air outlet hole 11, the air outlet surface area reaches the maximum state, when the guide block 52 is located in the inclined section 6212, the air outlet groove 51 and the air outlet hole 11 are partially staggered, the air outlet surface area is reduced, when the guide block 52 is located in the second circumferential section 6213, the air outlet groove 51 and the air outlet hole 11 are completely staggered, the air outlet hole 11 is blocked by the baffle 5”, refer to Page 4 of the translation).
Regarding claim 7, the combination of Deng and Olette discloses the wind comb of claim 4, as applied above. Deng further discloses wherein the housing comprises a comb handle (2) and a comb head (1) connected to the comb handle, the comb head defines the first receiving cavity, and the comb handle defines the second receiving cavity, the plurality of comb teeth is disposed on the comb head (best shown in Deng Figure 3).
Regarding claim 8, the combination of Deng and Olette discloses the wind comb of claim 7, as applied above. Deng further discloses wherein the comb head comprises an upper housing (refer to cropped and annotated Deng Figure 3, below) and a lower housing (refer to cropped and annotated Deng Figure 3, below), the upper housing and the lower housing are connected to each other to form the comb head, the plurality of first teeth and the plurality of second teeth are disposed on the lower housing (referring to cropped and annotated Deng Figure 3, below the lower housing comprises both the first and second plurality of teeth).
PNG
media_image3.png
429
521
media_image3.png
Greyscale
Regarding claim 9, the combination of Deng and Olette discloses the wind comb of claim 8, as applied above. Deng further discloses wherein the lower housing comprises a hollow frame (refer to the cropped image below wherein the housing is hollow; per Oxford Languages, a frame is “a rigid structure that surrounds or encloses something”, the frame surrounds/defines the first cavity), the plurality of first teeth and the plurality of second teeth are disposed on two opposite walls of the hollow frame (refer to cropped and annotated Deng Figure 3, below, the top wall forming a first wall and the bottom wall defining a second, opposite wall).
PNG
media_image3.png
429
521
media_image3.png
Greyscale
Regarding claim 10, the combination of Deng and Olette discloses the wind comb of claim 9, as applied above. Deng further discloses wherein the plurality of first teeth, the plurality of second teeth, and the hollow frame are integrally formed (Merriam-Webster defines integral as “composed of constituent parts; formed as a unit with another part”; the plurality of first teeth, the plurality of second teeth, and the hollow frame define constituent parts that are formed as a unit; thus, the combination teaches the claimed components to be integrally formed).
Regarding claim 11, the combination of Deng and Olette discloses the comb wind of claim 9, as applied above. Deng further discloses wherein the hollow frame defines a first chute and a second chute (refer to cropped and annotated Deng Figure 3, below), the first wind inlet is located in the first chute (refer to Deng Figure 3), the second wind inlet is located in the second chute (refer to Deng Figure 3), the first arm is embedded in the first chute, and the second arm is embedded in the second chute (“in order to ensure the smoothness of the baffle plate 5, the base body 1 and the baffle 5 is provided with a guide structure, the guide structure comprises a guide groove 71 and a guide block 72, the guide groove 71 is set on the baffle plate 5, the guide block 72 is set on the base body 1, or, the guide groove 71 is set on the base body 1, the guide block 72 is set on the baffle plate 5”, refer to last paragraph of Page 5 of the translation).
PNG
media_image4.png
468
664
media_image4.png
Greyscale
Regarding claim 12, the combination of Deng and Olette discloses the wind comb of claim 11, as applied above. Deng further discloses wherein the first arm is parallel with the second arm (refer to Deng Figure 3), the first arm, the second arm, and the connecting portion cooperatively form a U-shaped structure (refer to Deng Figure 3).
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Deng and Olette as applied to claim 12 above, and further in view of Oh (KR20200129832A).
Regarding claim 13, the combination of Deng and Olette discloses the wind comb of claim 12, as applied above. The combination does not disclose the wind comb further comprising a heating unit received in the first receiving cavity, wherein the heating unit is disposed between the first arm and the second arm.
Oh discloses a similar device for supplying wind to a user’s hair (Figures 1-19) comprising a housing (100, best shown in Figure 3) having a first receiving cavity (hollow interior of 100, best shown in Figure 3), with first and second arms (left and right half of 141, best shown in Figures 3-4) disposed within the cavity and further comprising a heating unit (155) centrally disposed within the first receiving cavity (best shown in Figure 3) to heat the airflow through the housing such that heated air may be supplied 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 wind comb of the combination of Deng and Olette such that the wind comb further comprises a heating unit received in the first cavity, wherein the heating unit is disposed between the first arm and the second arm, as taught by Oh, since such a modification provides the advantage of supplying heated air to the user’s hair.
Regarding claim 15, the combination of Deng, Olette, and Oh discloses the wind comb of claim 13, as applied above. The combination does not thus far disclose the wind comb further comprising a mounting plate received in the first receiving cavity, wherein the mounting plate is configured to fix the heating unit on the housing, an edge of the mounting plate is disposed above the first chute and the second chute.
Oh discloses a mounting plate (153) received in the first cavity (refer at least to Figures 3-4) wherein the mounting plate and heating unit are centrally disposed within the first cavity and spaced apart from the inner circumference of the first receiving cavity. It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify the wind comb of the combination of Deng, Olette, and Oh such that the heating unit is disposed in a mounting plate, centrally disposed in the first receiving cavity and spaced apart from an inner circumference of the first receiving cavity, as taught by Oh, since such a modification provides a means for sufficiently supporting the heating unit within an interior of the housing. Modifying the wind comb of the combination of Deng, Olette, and Oh such that the heating unit is supported by a mounting plate centrally located within the first receiving cavity and spaced apart from an inner circumference of the first receiving cavity, provides a configuration wherein the mounting plate is spaced apart/above (the above direction is radially inward with respect to the wind comb of Deng) the first and second chutes.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Deng, Olette, and Oh as applied to claim 13 above, and further in view of Carter (CA1145805A).
Regarding claim 14, the combination of Deng, Olette, and Oh discloses the wind comb of claim 13, as applied above. The combination does not disclose wherein the heating unit comprises a PTC heating sheet, a first fixed plate disposed on an upper side of the PTC heating sheet, and a second fixed plate disposed on a lower side of the PTC heating sheet, the first fixed plate and the second fixed plate are configured to fix the PTC heating sheet on the housing.
Carter discloses a similar device for supplying heat to a user’s hair (Figures 1-3), the heat being supplied by a PTC heating sheet (40), a first fixed plate (34) disposed on an upper side of the PTC heating sheet (best shown in Figure 3), and a second fixed plate (46) disposed on a lower side of the PTC heating sheet, the first fixed plate and the second fixed plate are configured to fix the PTC heating sheet on a housing (referring to Figure 3, the top and bottom sheet together serve to fix the position of the PTC heating sheet, thereby being configured to fix the PTC heating sheet in the housing when it is placed within the housing) to provide a means for securely fastening the heater within the housing. 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 wind comb of the combination of Deng, Olette, and Oh such that the heating unit comprises a PTC heating sheet, a first fixed plate disposed on an upper side of the PTC heating sheet, and a second fixed plate disposed on a lower side of the PTC heating sheet, the first fixed plate and the second fixed plate are configured to fix the PTC heating sheet on the housing, as taught by Carter, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of securely fastening the heater into the housing.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Deng and Olette as applied to claim 9 above, and further in view of Finkelstein (US2507373).
Regarding claim 16, the combination of Deng and Olette discloses the wind comb of claim 9, as applied above. Deng further discloses wherein the lower housing further comprises a connecting plate (not labeled, refer to cropped and annotated Deng Figure 2, below), the connecting plate connected to the hollow frame, the plurality of comb teeth further comprises a plurality of third teeth between the plurality of first teeth and the plurality of second teeth, the plurality of third teeth is disposed on the connecting plate. The combination does not disclose that the connecting plate is detachably connected to the hollow frame.
PNG
media_image5.png
644
811
media_image5.png
Greyscale
Finkelstein discloses a comb (Figures 1-6) comprising a first (refer to annotated Figure 2, below), second (refer to annotated Figure 2, below), and third (refer to annotated Figure 2, below) plurality of teeth, wherein each plurality of teeth are supported on a plate (the rows of teeth are complete combs) detachably connected such that a user can configure the comb for a particular use by changing the type, size, or shape of the comb teeth. 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 comb of the combination of Deng and Olette such that the third plurality of teeth and the plate on which they are supported, is detachably connected to the comb, as taught by Finkelstein, since such a modification provides the advantage of permitting a user to configure the comb in order to achieve a particular styling effect.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Deng and Olette as applied to claim 1 above, and further in view of Golan et al. (US5343881) and Adams (US4721121).
Regarding claim 17, the combination of Deng and Olette discloses the wind comb wind of claim 1, as applied above. Deng further discloses the comb comprising a motor (“fan”, refer to Page 5 of the Deng translation, wherein a fan requires a motor coupled thereto in order to provide an airflow through the wind comb). The combination does not disclose wherein the driving unit comprises an electromagnetic lock connected to the baffle and a motor electrically connected to the electromagnetic lock. Rather, the combination discloses the baffle being manually movable.
Golan discloses a comb (312) having a movable component (314), where movement of the movable component is affected by an electro-magnetic actuator/lock (352) to provide a back and forth movement. 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 wind comb of the combination Deng and Olette to use an electromagnetic actuator/lock to impart movement instead of a manual actuation means, since Golan teaches the use of electromagnetic actuators/locks for imparting motion in a comb and since such a modification would have involved a known technique to a known device ready for improvement in order to yield the predictable result of automating the motion of the baffle.
The combination does not explicitly disclose that the motor is electrically connected to the electromagnetic lock. Adams discloses a wind comb (Figures 5-6) comprising a number of electrical components including a fan/motor (124 + 125) and a heater (131), wherein the comb further comprises a single electrical power input source (108) which is “utilized to provide a source of operative power within pressing comb and hair dryer 100” (refer to Column 4, lines 58-60), thereby demonstrating that it is known to have all of the electrical components within a hair comb to be electrically connected, as this configuration provides a means for supplying only a single power input to the device. Therefore 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 wind comb of the combination of Deng, Olette, and Golan, such that the motor is electrically connected to the electromagnetic lock, since Adams teaches combs having multiple electric components are all electrically connected, and since such a modification provides the advantage of only requiring a single power input to the device.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Deng and Olette as applied to claim 7 above, and further in view of Adams (US4721121).
Regarding claim 18, the combination of Deng and Olette discloses the wind comb of claim 7, as applied above. The combination does not disclose the wind comb further comprising a switch key, a wind inlet, and a direction adjustment key, wherein the switch key, the wind inlet, and the direction adjustment key are disposed on the comb handle.
Adams discloses a similar wind comb (Figures 1-6) having a handle portion (right portion, referring to Figure 2, the handle portion is that portion that coincides with reference numeral 10) and a comb head portion (left portion, referring to Figure 2, the comb head portion is that portion that coincides with reference numeral 70), a fan (54) disposed within the housing, and a plurality of controls including a switch key for powering a heater (“controls 85…permits the degree of heat”, refer to Column 4, lines 2-3), a wind inlet (21), and a direction adjustment key (“controls 85 permit…direction of air flow”, refer to Column 4, lines 2-4) for changing a flowing direction of the fan and a switch key), where Adams’ device provides a fan within an interior of the comb on an opposite side to that of the comb combination of Deng and Olette, and the handle further comprises a plurality of keys/buttons for controlling various aspects of the device including a level of heat supplied to the heated comb and to a direction of the fan in order to provide more control over the device and treatment of 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 wind comb of the combination of Deng and Olette such that the wind comb further comprising a switch key, a wind inlet, and a direction adjustment key, wherein the switch key, the wind inlet, and the direction adjustment key are disposed on the comb handle, the comb handle being disposed on an air inlet side of the wind comb, as taught by Adams, since such a modification provides the advantage of permitting better control of the wind comb.
Response to Arguments
Drawings
Applicant’s amendments to the drawings overcome all previous objections. All previous drawing objections are withdrawn.
Claim Objections
Applicant’s amendments to the claims overcome all previous claim objections. All previous claim objections are withdrawn.
35 USC 112(b)
Applicant’s amendments to the claims overcome all previous 35 USC 112(b) claim objections. All previous 35 USC 112(b) claim objections are withdrawn.
35 USC 103
Applicant’s arguments with respect to claim 1 in view of the Liedtke reference 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.
Argument #1:
In Deng, the first and second plurality of teeth are not disposed on the same side of the housing.
Response #1:
As indicated in the rejection to claim 1 above, the first and second plurality of teeth are disposed on the same side of the housing, in particular both the first and second plurality of teeth are disposed on a right side of the head cover.
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 SARAH WOODHOUSE whose telephone number is (571)272-5635. The examiner can normally be reached Monday - Friday: 9am - 5pm.
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, ERIC ROSEN can be reached at 571-270-7855. 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.
/SARAH WOODHOUSE/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799