Office Action Predictor
Last updated: April 15, 2026
Application No. 18/113,559

DETANGLING HAIRBRUSH

Final Rejection §103
Filed
Feb 23, 2023
Examiner
ASQIRIBA, KARIM
Art Unit
3772
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Durham Enterprises Corporation
OA Round
2 (Final)
58%
Grant Probability
Moderate
3-4
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
137 granted / 236 resolved
-11.9% vs TC avg
Strong +46% interview lift
Without
With
+45.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
21 currently pending
Career history
257
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 236 resolved cases

Office Action

§103
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 Amendment The amendments filed on October 14, 2025, have been entered. The previously raised claim objections have been withdrawn in light of the amendment submitted by the Applicant on October 14, 2025. 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. Claims 14-26 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 20110239390 A1, hereinafter “Park”) in view of Secrets & Tricks Video (https://www.youtube.com/watch?v=ikCTkVlmoIw, hereinafter, S.T Video). Claim 14. Park discloses a method for grasping a hairbrush (Fig 1and 3 and ¶0077-0078. Method of grasping the hairbrush shown in Fig 2 through the curved recess 2c and 7b), comprising: a recess (Fig 2, recesses 2c on both side of the head of the hairbrush, and ¶0077. recess 2c is a slip stopper in a practical aspect where fingers of the user easily enter the curved trough part 2c) in a periphery of a head of the hairbrush (Fig 2, periphery of the head base part 2 of the hairbrush along recesses 2c and peak parts 2d), adjacent to a handle (Fig 2, handle 7) of the hairbrush (Fig 2); and a recess (Fig 2, 7b) in the handle of the hairbrush (Fig 2); and wrapping at the least one other finger around the handle of the hairbrush (¶0077-0078, recess 7b is functions as a slip stopper as the case of the base part 2, where fingers of the user easily enter the curved trough part 7b when the user grips the periphery of the handle). Park is silent to simultaneously grasping periphery of a head of the hairbrush and adjacent to a handle of the hairbrush with a thumb; and the handle of the hairbrush with at least one other finger. S.T Video teaches a method of detangling hair (Video) including simultaneously grasping periphery of a head of the hairbrush and adjacent to a handle of the hairbrush with a thumb (annotated Fig 1, A. @ 2:20); and the handle of the hairbrush with at least one other finger (annotated Fig 1, B. @ 2:20) to provide an efficient grip of the head and the handle of the hairbrush to efficiently detangle the user’s hair in order to meet the user needs and preference. PNG media_image1.png 879 1008 media_image1.png Greyscale It would have been obvious to one having ordinary skill in the art before the effective filing date to use the hairbrush with the recesses in the periphery of the head and the handle of Park’s hairbrush to simultaneously grasp periphery of a head of the hairbrush and adjacent to a handle of the hairbrush with a thumb; and the handle of the hairbrush with at least one other finger, as taught by the S.T Video, to provide an efficient grip of the head and the handle of the hairbrush to efficiently detangle the user’s hair in order to meet the user needs and preference. Claims 15-16. Park and S.T Video teach the invention of claim 14. Park further teaches a first recess on a first side of the head (annotated Fig 2, A. recess 2c) and a second recess on a second side of the head (annotated Fig 2, B. recess 2c); but silent to grasping the recess with the thumb comprises simultaneously grasping a first recess on a first side of the head of the hairbrush with the finger and a second recess on a second side of the head of the hairbrush with the thumb; the finger in grasping the first recess is an index finger. PNG media_image2.png 751 501 media_image2.png Greyscale S.T video further teaches simultaneously grasping on a first side of the head of the hairbrush with the finger (annotated Fig 2, C. @ 2:46) and on a second side of the head of the hairbrush with the thumb (annotated Fig 2, A, @ 2:46), the finger in grasping the first recess is an index finger (annotated Fig 2, C. @ 2:46) to provide an efficient grip of the head of the hairbrush to efficiently detangle the user’s hair and meet the user’s needs and preference; and to provide an alternative grasp of the hairbrush head during use. PNG media_image3.png 1200 1401 media_image3.png Greyscale It would have been obvious to one having ordinary skill in the art before the effective filing date to use the hairbrush with the first and second recess on the peripheries of the head of Park’s hairbrush to simultaneously grasp on a first side of the head of the hairbrush with the index finger and on a second side of the head of the hairbrush with the thumb, as taught by S.T video, to provide an efficient grip of the head of the hairbrush to efficiently detangle the user’s hair and meet the user’s needs and preference; and to provide an alternative grasp of the hairbrush head during use. Claim 17. Park and S.T video teach the invention of claim 15. Park and S.T Video further teach the finger in grasping the first recess is a middle finger (annotated Fig 3. D. @1:55). PNG media_image4.png 1114 1250 media_image4.png Greyscale Claims 18-19. Park and S.T video teach the invention of claim 14. Park is silent simultaneously placing another finger in an indention in a back surface of the head of the hairbrush; wherein the another finger in the indentation is an index finger. Park further teaches an indention in a back surface of the head (Fig 3 and ¶0071. depressions located in the rear face 2a of the head). S.T Video teaches a method of detangling hair (Video) including simultaneously placing an index finger in a back surface of the head (annotated Fig 4, E. @ 1:05) to efficiently grip the head of the hairbrush in order to detangle the user’s hair. Thus, would also provide an alternative grasping of the hairbrush to meet the user’s needs and preference while brushing the hair. PNG media_image5.png 1192 1195 media_image5.png Greyscale It would have been obvious to one having ordinary skill in the art before the effective filing date to use the hairbrush with the indentation in the back surface of the head of Park’s hairbrush and place the index finger in a back surface of the head, as taught by S.T Video, to efficiently grip the head of the hairbrush in order to detangle the user’s hair. Thus, would also provide an alternative grasping of the hairbrush to meet the user’s needs and preference while brushing the hair. Claim 20. Park and S.T Video teach the invention of claim 14. Park further teaches said wrapping the at least one other finger includes placing a portion of the at least one other finger in a recess on a side of the handle (Fig 2, recess through part 7b on a side of handle 7) (¶0077-0078, fingers of the user easily enter the curved trough part 7b when the user grips the periphery of the handle and functions as a slip stopper); an enlarged middle portion of the handle (annotated Fig 2, G). PNG media_image6.png 778 486 media_image6.png Greyscale Park is silent to resting a tip of the at least one other finger on an enlarged middle portion of the handle. S.T Video teaches a method of detangling hair (Video) including resting a tip of the finger on a portion of the handle (annotated Fig 5, F. @1:17) to efficiently grip the handle of the hairbrush while detangling user’s hair in order to meet the user’s needs while brushing the hair. PNG media_image7.png 1176 1215 media_image7.png Greyscale It would have been obvious to one having ordinary skill in the art before the effective filing date to use the handle with its recess on a side and its enlarged middle portion of Park’s hairbrush and to rest a tip of the finger on a portion of the handle, as taught by S.T Video. Thus, would allow the user to rest the tip of another finger on the enlarge middle portion of the handle to efficiently grip the handle of the hairbrush while detangling the user’s hair in order to meet the user’s needs while brushing the hair. Claim 21. Park discloses a method for grasping a hairbrush (Fig 1and 3 and ¶0077-0078. Method of grasping the hairbrush shown in Fig 2 through the curved recess 2c and 7b), comprising: a first recess (Fig 2, recesses 2c on both side of the head of the hairbrush, and ¶0077. recess 2c is a slip stopper in a practical aspect where fingers of the user easily enter the curved trough part 2c) in a first side of a periphery of a head of the hairbrush adjacent to a handle of the hairbrush (Fig 2, periphery of the head base part 2 of the hairbrush along recesses 2c and peak parts 2d); a second recess (Fig 2, 2c) in a second side of the periphery of the head of the hairbrush adjacent to the handle of the hairbrush (Fig 2); and a recess ( Fig 2, 7b) in the handle of the hairbrush; and wrapping the at least one third finger around the handle of the hairbrush (¶0078, recess 7b is functions as a slip stopper as the case of the base part 2, where fingers of the user easily enter the curved trough part 7b when the user grips the periphery of the handle). Park is silent to simultaneously grasping a first side of a periphery of a head of the hairbrush adjacent to a handle of the hairbrush with a first finger or a thumb; a second side of the periphery of the head of the hairbrush adjacent to the handle of the hairbrush with a second finger, handle of the hairbrush with at least a third finger. S.T Video teaches a method of detangling hair (Video) including simultaneously grasping a first side of a periphery of a head of the hairbrush adjacent to a handle of the hairbrush with a thumb (annotated Fig 6, G. @ 2:20); a second side of the periphery of the head of the hairbrush adjacent to the handle of the hairbrush with a second finger (annotated Fig 6, H. @ 2:20), handle of the hairbrush with at least a third finger (annotated Fig 6, I. @ 2:20) to provide an efficient grip of the head and the handle of the hairbrush to efficiently detangle the user’s hair and control the hairbrush in order to meet the user needs and preference. PNG media_image8.png 1186 1356 media_image8.png Greyscale It would have been obvious to one having ordinary skill in the art before the effective filing date to use the hairbrush of Park with first and second recesses on the peripheries of the head of the hairbrush and the recess on its handle; and simultaneously grasp thumb on first side of periphery of the hairbrush head, second finger on second side of periphery of the hairbrush, and on the handle of the hairbrush with a third finger; as taught by S.T Video. Such arrangement would provide an efficient grip of the head and the handle of the hairbrush to efficiently detangle the user’s hair and control the hairbrush in order to meet the user needs and preference. Claim 22. Park and S.T Video teach the invention of claim 21, and further teach the thumb grasps the first recess (annotated Fig 6 above, G. @ 2:20). Claim 23. Park and S.T Video teach the invention of claim 22, and further teach the second finger grasping the second recess is an index finger (annotated Fig 2 above, C. @ 2:46) Claim 24. Park and S.T Video teach the invention of claim 22, and further teach the second finger grasping the second recess is a middle finger (annotated Fig 6 above, H. @ 2:20). Claims 25-26. Park and S.T Video teach the invention of claim 24. Park is silent to simultaneously placing another finger in an indentation in a back surface of the head of the hairbrush; wherein the another finger in the indentation is an index finger. Park further teaches an indention in a back surface of the head (Fig 3 and ¶0071. depressions located in the rear face 2a of the head). S.T Video teaches a method of detangling hair (Video) including simultaneously placing an index finger in a back surface of the head (annotated Fig 4 below, E. @ 1:05) to efficiently grip the head of the hairbrush in order to detangle the user’s hair. Thus, would also provide an alternative grasping of the hairbrush to meet the user’s needs and preference while brushing the hair. PNG media_image9.png 1166 1168 media_image9.png Greyscale It would have been obvious to one having ordinary skill in the art before the effective filing date to use the hairbrush with the indentation in the back surface of the head of Park’s hairbrush and place the index finger in a back surface of the head, as taught by S.T Video, to efficiently grip the head of the hairbrush in order to detangle the user’s hair. Thus, would also provide an alternative grasping of the hairbrush to meet the user’s needs and preference while brushing the hair. Response to Arguments Applicant's arguments filed October 14, 2025, have been fully considered but they are not persuasive. Applicant alleges that: Park does not expressly or inherently describe grasping a trough part 2c in the base part 2 with a finger or a thumb while simultaneously grasping a trough part 7b in the handle 7 with another finger. Park also lacks any express or inherent description of wrapping a finger that enters a trough part 7b around the handle 7. In response: Park teaches the recesses (Fig 2, 2c) on both sides of the peripheries of the head of the hairbrush, and recess (Fig 2, 7b) in the handle, wrapping at the least one other finger around the handle of the hairbrush (¶0077-0078, recess 7b is functions as a slip stopper as the case of the base part 2, where fingers of the user easily enter the curved trough part 7b when the user grips the periphery of the handle). S.T videos teaches simultaneously grasping the side of the periphery of the head of the hairbrush with a thumb (see annotated Fig 1 above, A), while simultaneously grasping the handle with another finger (see annotated Fig 1 above, B). The combination of the structure of the hairbrush with the recesses of Park’s device with the method of using the hairbrush taught by ST. Video meet the claimed limitations above. Applicant remark and argument: Secrets & Tricks does not provide any express teaching about how to grasp a hairbrush or, more specifically, regarding grasping specific portions of the hairbrush with an individual ' s fingers and a thumb; Secrets & Tricks does not teach or suggest (or show) simultaneously grasping a first recess on a first side of a hairbrush with a finger or grasping a second recess on a second side of the head of the hairbrush with a thumb. In response: The Examiner disagree with the Applicant’s assertion. ST. Video clearly shows grasping the hairbrush while detangling and brushing the user’s hair (see S.T Video) and shows simultaneously grasping of a first side of the hairbrush with a finger (annotated Fig 2 above, C), grasping a second side of the head of the hairbrush with a thumb (annotated Fig 2 above, A). Park teaches the first and second recesses (Fig 2, 2c) on the first and second sides of the peripheries of the hairbrush. The combination of the structure of the hairbrush of Park’s device with the method of using the hairbrush taught by ST. Video meet the claimed limitations above. Applicant remark and argument: Park does not teach or suggest that any of the curved trough parts 2c can be grasped by an individual ' s thumb. In response: Park teaches hairbrush with recesses (Fig 2, 2c) on the side of the periphery of the hairbrush (Fig 2) as a slip stopper in a practical aspect where fingers of the user easily enter the curved trough part 2c when the user grips the periphery of the base part (¶0077). S.T Video shows grasping side of the periphery of the hairbrush by an individual’s thumb (annotated Fig 1 above, A). The combination of the structure of the hairbrush of Park’s device with the method of using the hairbrush taught by ST. Video meet the claimed limitation above. Applicant remark and argument: While the Secrets & Tricks video, at 1:05, shows Lori grasping an edge of the head of the hairbrush with her thumb and placing her index finger on the back of the head, her middle finger merely rests against the handle of the hairbrush; Lori ' s middle finger does not grasp an opposite edge of the head of the hairbrush. In response: The Examiner disagree with the Applicant’s assertion. ST. Video shows grasping the head of the hairbrush with her thumb and placing her index finger on the back of the head, and middle finger grasping an opposite edge of the head of the hairbrush (see Fig 5 below). PNG media_image10.png 1096 1253 media_image10.png Greyscale Applicant remark and argument: Moreover, while the Secrets & Tricks video, at l : 17, shows Lori's middle finger against the edge of the head of the hairbrush, Lori ' s thumb is only momentarily positioned near the opposite edge of the head of the hairbrush; Lori ' s thumb does not actually rest on the edge of the head of the hairbrush, as the Office has asserted, and it certainly does not grasp the edge, as required by claim 15. In response: The Examiner disagree with the Applicant’s assertion. S.T video shows simultaneously grasping peripheries of the head of the hairbrush with a thumb and a finger (see annotated Fig 5 above. @ 2:20), as required by claim 15. Applicant remark and argument: Lori does not grasp the opposite edge of the head with her middle finger, as would be needed for Secrets & Tricks, at 1:46, to teach or suggest the method of claim 15. In response: Claim 15 does not require grasping opposite edge of the hairbrush with middle finger, but rather with a finger. S.T videos shows grasping opposite edge of the hairbrush with a thumb and a finger (see annotated Fig 2 above, A and C). Applicant remark and argument: Park and Secrets & Tricks, as combined by the Office, do not teach or suggest grasping a first recess on a first side of a head of a hairbrush with a finger and simultaneously grasping a second recess on a second side of the head of the hairbrush with a thumb, as required by claim 15. In response: The Examiner disagree with the applicant’s assertion. Park teaches recesses (Fig 2, 2c) on both sides of the peripheries of the hairbrush. S.T video teaches simultaneously grasping on a first side of the head of the hairbrush with the finger (annotated Fig 2above, C. @ 2:46) and on a second side of the head of the hairbrush with the thumb (annotated Fig 2 above, A, @ 2:46). The combination of the structure of the hairbrush of Park’s device with the method of using the hairbrush taught by ST. Video meet the claimed limitations of claim 15. Applicant remark and argument: Park nor Secrets & Tricks teaches or suggests grasping a first recess in a first side of a head of a hairbrush with an index finger. In all of the images included in the Office Action, Lori ' s index finger rests on the back of the head of the hairbrush. In response: The Examiner disagree with the Applicant’s assertion, see (annotated Fig 6, A) below. PNG media_image11.png 1046 1174 media_image11.png Greyscale Applicant remark and argument: Claim 17, which depends from claim 15, is further allowable because neither Park nor Secrets & Tricks teaches or suggests grasping a first recess in a first side of a head of a hairbrush with a middle finger. Instead, the Secrets and Tricks video shows Lori grasping the handle of the hairbrush with her middle finger (at 1:05) or resting her middle finger on the back of the head of the hairbrush, with a portion of her middle finger extending over an edge of the head (at 1:46). In response: The Examiner disagree with the Applicant’s assertion. Park and S.T Video further teach the finger in grasping the first recess is a middle finger (annotated Fig 3. D. @1:55), as required by claim 17. PNG media_image12.png 1144 1283 media_image12.png Greyscale Applicant remark and argument: Regarding claim 18, neither Park nor Secrets & Tricks teaches or suggests placing a finger in an indentation on a back surface of a head of a hairbrush. Park does not teach or suggest placing a finger in any of the depressed portions 3a-3f. Although Secrets & Tricks shows Lori placing her index finger on the back surface of the head of a Wet Brush, the back surface of the Wet Brush lacks any indentations; thus, she does not place her index finger in an indentation. If Lori were using the hairbrush I of Park, her index finger wouldn't necessarily be placed within any of the depressed portions; instead, based on the ways she holds the hairbrush, her index finger would more likely rest on the projections 4a-4g. In response: The Examiner disagree with the Applicant’s assertion. Park teaches indention in a back surface of the head (Fig 3 and ¶0071. depressions located in the rear face 2a of the head, see Fig 3). S.T Video teaches placing finger on a back surface of a head of a hairbrush (see annotated Fig 4 below, E). Based on the way she holds the hairbrush, her index finger, or at least a portion of the her index finger, would be within one of the indentions/ depressions located in the rear face 2a of the head. PNG media_image13.png 993 996 media_image13.png Greyscale Conclusion 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIM ASQIRIBA whose telephone number is (571)270-3416. The examiner can normally be reached on M-F 8-5 pm. 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 on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KARIM ASQIRIBA/Examiner, Art Unit 3772 /RACHEL R STEITZ/Primary Examiner, Art Unit 3772
Read full office action

Prosecution Timeline

Feb 23, 2023
Application Filed
Jul 10, 2025
Non-Final Rejection — §103
Oct 14, 2025
Response Filed
Jan 31, 2026
Final Rejection — §103
Apr 06, 2026
Response after Non-Final Action

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Prosecution Projections

3-4
Expected OA Rounds
58%
Grant Probability
99%
With Interview (+45.9%)
2y 11m
Median Time to Grant
Moderate
PTA Risk
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