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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-3 and 15-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 2 is construed to be indefinite because the recitations “the greater” (plural occurrences) lacks a positive antecedent basis. Since claim 3 depends upon an indefinite claims, that claims is also construed to be indefinite by dependency. Claims 15 and 16 are construed to be indefinite because the recitations “the human head” (plural occurrences) lacks a positive antecedent basis.
Allowable Subject Matter
Claims 1-20 are allowable over the prior art of record because the ultrasonic radiation apparatus or hair care apparatus with all the independently claimed features including plural transducer supports and ultrasonic with mounts of normal or different directions is not found in the prior art either singly or in combination.
Claims 2-3 and 15-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other prior art references cited with this action may teach one or more claim features but do not rise to a level of anticipation, obviousness, and/or double patenting such that a rejection would be proper or reasonable under current Office practice and procedure. References A, B, C, N, cited with this action, are patent publications from the same inventive entity. References D, E, F, G, H, I, J, K, L, M, cited with this action teach ultrasonic radiation or hair care apparatus.
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Monday, December 1, 2025
/STEPHEN M GRAVINI/Primary Examiner, Art Unit 3753