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 .
Election/Restrictions
Applicant’s election of Species II drawn to claims 1-20 in the reply filed on November 10, 2025, is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
No claims were withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species I, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on November 10, 2025.
Drawings
The drawings are objected to under 37 CFR 1.84 (h) because Fig 3-9 fail to show the plane upon which a sectional view is taken which should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view and should have arrows to indicate the direction of sight. MPEP § 608.02(d).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered, and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Axelrod et al (“US20230036461A1, hereinafter “Axelrod”).
Claim 1, Axelrod discloses a combing device (abstract and Fig 1-14) comprising: a first comb (Fig 12, 30 and Fig 7, fixed comb B) having a plurality of first comb tines (Fig 12, plurality of tines of comb 30, and Fig 7, comb teeth 20) and a plurality of first comb tine spacings (Fig 12 shows opening between plurality of comb tines, and Fig 7 shows opening 21 between the comb teeth 20), wherein adjacent first comb tines of the plurality of first comb tines are spaced from each other by one of the first comb tine spacings located between the adjacent first comb tines, respectively (Fig 7 and Fig 12); a second comb having a plurality of second comb tines (Fig 12 and ¶0054, second comb with movable blades A or C having plurality of second comb tines; and Fig 6 and Fig 8 shows movable combs A and C); and wherein the second comb is movable with respect to the first comb (Fig 12 and ¶0054, ¶0052. Second comb with movable blades A or C is movable with respected to first comb 30 which is fixedly attached to fixed blade B; and ¶0048, combs A and C are movable with respect to fixed comb B) such that each one of the second comb tines of the plurality of second comb tines is movable in the first comb tine spacings located between the adjacent first comb tines, respectively (¶0052,¶0054; second comb with movable blades A or C is movable in the first comb tine opening of comb 30 located between the adjacent first comb tine of comb 30; Fig 9 and ¶0048 “the cutting projections/teeth 20 of movable blade A or C gradually narrows/occludes/obstructs or otherwise covers the width of laterally overlapping/overlying hair receiving openings 21 of blade B”).
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 2-4 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Axelrod et al (“US20230036461A1, hereinafter “Axelrod”) in view of Yang et al (US9913528B2, hereinafter “Yang”).
Claim 2. Axelrod discloses the invention of claim 1, but silent to the second comb is movable with respect to the first comb such that each one of the second comb tines of the plurality of second comb tines is extendable and retractable between the adjacent first comb tines, respectively.
Yang teaches similar combing device (abstract and Fig 1-4B) including the second comb is movable with respect to the first comb such that each one of the second comb tines of the plurality of second comb tines is extendable and retractable between the adjacent first comb tines, respectively (Col 2 line 58- Col 3 line 17; second comb with tines are extendable and retractable between the adjacent first plurality of bristles 175 of the first comb 170), and the second comb being parallel to the first comb (Fig 1B and Fig 3A), so that it would be desirable to form and utilize a retractable brush that can a) minimize damage to the inside of a purse or bag, b) keep from interacting with tissues, c) keep from discharging or shedding loose hairs into a bag or purse, d) be easy to clean, and e) be used for pets and humans (Col 1 lines 56-61).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the first and second combs of Axelrod’s combing device and make them movable and retractable with each other, as taught by, Yang, so that it would be desirable to form and utilize a retractable brush that can a) minimize damage to the inside of a purse or bag, b) keep from interacting with tissues, c) keep from discharging or shedding loose hairs into a bag or purse, d) be easy to clean, and e) be used for pets and humans.
Claim 3. Axelrod and Yang teach the invention of claim 2. Yang further teaches the second comb tines are movable substantially parallel to the first comb tines (Fig 1A-1B, col 3 lines 8-12 and Fig 3A).
Claim 4. Axelrod and Yang teach the invention of claim 3. Axelrod further teaches a housing having a housing cavity (Fig. 12 and ¶0054, housing of grooming 10 has internal cavity); wherein the first comb (comb 30) has a fixed position relative to the housing (Fig 12 and ¶0052, first comb 30 is fixed via hooks 32 and has a fixed position relative to the housing).Yang further teaches the second comb is extendable from the housing cavity and retractable into the housing cavity (Fig 1B and col 3 lines 3-17).
Claims 17-18. Axelrod discloses the invention of claim 1, but silent to the first comb has a first comb spine having a plurality of tine though-holes; and wherein the second comb tines are movable in the tine though-holes; wherein the second comb has a second comb spine; and wherein the second comb spine is movable substantially parallel to the first comb spine.
Yang teaches similar combing device (abstract and Fig 1-4B) including the first comb (Fig 2A and col 3 lines 29-30) has a first comb spine (platform 270) having a plurality of tine though-holes (Col 3 lines 34-38); and wherein the second comb tines are movable in the tine though-holes (Col 3 lines 34-38); wherein the second comb (Col 3 lines 30-32) has a second comb spine (platform 278); and wherein the second comb spine is movable substantially parallel to the first comb spine (Fig 2A and Col 3 lines 34-40) to provide a first bristle platform, comprising a first plurality of bristles; a second bristle platform, comprising a second plurality of bristles; wherein the first bristle platform and the second bristle platform are operatively coupled with the bristle extender mechanism; and wherein the first and the second plurality of bristles are extended through the plurality of bristle openings to outside of the brush shell when the engagement mechanism and the locking mechanism are operatively engaged (Col 2 lines 5-13), so that the brush minimizes damage to the inside of a purse or bag, b) keeps the brush and bristles from interacting with tissues, c) keeps from discharging or shedding loose hairs into a bag or purse, d) is easy to clean, and e) can be used for, on or with pets and humans (Col 2 lines 29-33).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the combing device of Axelrod so that the first comb has a first comb spine having a plurality of tine though-holes, and the second comb tines are movable in the tine though-holes, the second comb has a second comb spine, and wherein the second comb spine is movable substantially parallel to the first comb spine, as taught by Yang, so that the brush minimizes damage to the inside of a purse or bag, b) keeps the brush and bristles from interacting with tissues, c) keeps from discharging or shedding loose hairs into a bag or purse, d) is easy to clean, and e) can be used for, on or with pets and humans.
Claim 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Axelrod et al (“US20230036461A1, hereinafter “Axelrod”) in view of Yang et al (US9913528B2, hereinafter “Yang”) as applied to claim 4 above, and further in view of Stewart (US4574416A, hereinafter “Stewart”).
Claim 5. Axelrod and Yang teach the invention of claim 4. Axelrod further teaches a mechanical actuator (Fig 12, 13) arranged to move the second comb with respect to the first comb (¶0055), but silent to the actuator comprises a slider movable in a first slider direction and a second slider direction opposite the first slider direction; wherein, upon movement of the slider in the first slider direction, the actuator extends the second comb from the cavity; and wherein, upon movement of the slider in the second slider direction, the actuator retracts the second comb into the cavity.
Stewart teaches similar retractable hair comb (abstract and Fig 1-4) including retractable comb (5) into the housing (Fig 1 vs Fig 2) with the actuator (Fig 4, means 6) comprises a slider (Fig 4 and Col 4 lines 34-46, slider 29) movable in a first slider direction (annotated Fig 4, A and Col 4 lines 33-46) and a second slider direction (annotated Fig 4, B and Col 4 lines 47-58) opposite the first slider direction (annotated Fig 4, and Col 4 lines 33-58); wherein, upon movement of the slider in the first slider direction, the actuator extends the bristle from the cavity (Col 4 lines 34-46) ; and wherein, upon movement of the slider in the second slider direction, the actuator retracts the bristles into the cavity (Col 4 lines 34-46) to provide a brush with retractable bristles, and more particularly a brush with bristles which retract into the body of the brush thereby providing for the easy removal of hair and other debris from the bristles (Col 1lines 5-9).
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It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the combination of Axelrod and Yang combing device and incorporate an actuator with a sliding mechanism, as taught by Stewart, to provide a brush with retractable bristles, and more particularly a brush with bristles which retract into the body of the brush thereby providing for the easy removal of hair and other debris from the bristles.
Claim 6. The combination of Axelrod, Yang and Stewart teach the invention of claim 5. Axelrod is silent to wherein, upon movement of the slider in either the first slider direction or the second slider direction, the actuator moves the second comb substantially perpendicular to the movement of the slider.
Stewart further teaches wherein, upon movement of the slider in either the first slider direction or the second slider direction, the actuator moves the second comb substantially perpendicular to the movement of the slider (annotated Fig 4 above shows movement of the slider 29 in the horizontal direction, while the movement of the second comb or the bristles 5 of the retractable brush 1 is in the vertical direction; thus perpendicular to the movement of the slider 29) to provide a brush with retractable bristles, and more particularly a brush with bristles which retract into the body of the brush thereby providing for the easy removal of hair and other debris from the bristles (Col 1lines 5-9), and to allow an efficient removal of hair and other unwanted object from the bristles in order to meet the user’s needs and preferences.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the combination of the combing device of Axelrod, Yang, and Stewart and provide movement of the slider in either the first slider direction or the second slider direction, such that the actuator moves the second comb substantially perpendicular to the movement of the slider, as taught by Stewart, to provide a brush with retractable bristles, and more particularly a brush with bristles which retract into the body of the brush thereby providing for the easy removal of hair and other debris from the bristles, and to allow an efficient removal of hair and other unwanted object from the bristles in order to meet the user’s needs and preferences.
Claim 7. The combination of Axelrod, Yang and Stewart teach the invention of claim 5. Stewart further teaches the slider (29) is movable in a slider receptacle formed in the housing (Fig 4 shows the slider 29 is movable in a slider receptacle/ support member 4 formed in the housing 11).
Claim 8. The combination of Axelrod, Yang and Stewart teach the invention of claim 7. Axelrod is silent to the slider comprises a pivot axle; wherein the slider receptacle comprises an axle slot formed in the housing; and wherein the pivot axle is movable along the axle slot.
Stewart further teaches slider (29) comprises a pivot axle (Fig 4 shows pivot axle of slider 29 when depressed against spring 30); wherein the slider receptacle (support 4) comprises an axle slot (slot of notch 31) formed in the housing (Fig 4); and wherein the pivot axle is movable along the axle slot (Fig 4 shows the pivot axle of the slider 29 is movable along the axle slot or notch 31) to provide a brush with retractable bristles, and more particularly a brush with bristles which retract into the body of the brush thereby providing for the easy removal of hair and other debris from the bristles, and to allow an efficient removal of hair and other unwanted object from the bristles in order to meet the user’s needs and preferences.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the slider of the combination of combination of Axelrod, Yang and Stewart to have a pivot axle; wherein the slider receptacle comprises an axle slot formed in the housing; and wherein the pivot axle is movable along the axle slot, as taught by Stewart, to provide a brush with retractable bristles, and more particularly a brush with bristles which retract into the body of the brush thereby providing for the easy removal of hair and other debris from the bristles, and to allow an efficient removal of hair and other unwanted object from the bristles in order to meet the user’s needs and preferences.
Claim 9. The combination of Axelrod, Yang and Stewart teach the invention of claim 8. Steward further teaches wherein the axle slot is provided by a through-hole formed in the housing (Fig 4 shows the axle slot or notch 31 is provided by a through-hole, hole section in the notch 31, form in the housing 11).
Claim 10. The combination of Axelrod, Yang and Stewart teach the invention of claim 8. Steward further teaches the axle slot (Fig 4, notch 31) comprises an elongated segment (Fig 4, vertical portion of the end of positional support member 4) and at least one detent segment (hole section of the notch 31), wherein the at least one detent segment retains the pivot axle in a predetermined holding position (the hole section of notch 31 retains the pivot axle of the slider 29 in a predetermined holding position).
Claim 11. The combination of Axelrod, Yang and Stewart teach the invention of claim 8. Axelrod further teaches the slider comprises a button knob (¶0039, push-button actuator 13) disposed at an end of the pivot axle (Fig 10); wherein the slider receptacle comprises a knob recess formed in the housing (Fig 9 shows the push-button actuator 13 in a knob recess formed in the housing); and wherein the button knob is movable along the knob recess (¶0043 and Fig 9, upon pressing either push-button 13, 13 will force one of the outer movable blades A or C to move linearly; the push-button actuator 13 is movable along the knob recess during actuation).
Claim 12. The combination of Axelrod, Yang and Stewart teach the invention of claim 8. Axelrod further teaches the slider comprises two button knobs disposed at an opposite ends of the pivot axle, respectively (Fig 9 shows two push- button actuators 13 and 13’); wherein the slider receptacle comprises two knob recesses formed in opposite sides of the housing, respectively (Fig 9 shows two knob recesses formed in opposite sides of the housing); and wherein the button knobs are movable along the knob recesses, respectively (Fig 9 shows the button knobs are movable along the knob recesses during actuation).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Axelrod et al (“US20230036461A1, hereinafter “Axelrod”).
Claim 20. Axelrod discloses the invention of claim 1, but silent in the embodiment shown in Fig 10-14 to at least one bias member; and wherein the at least one bias member is arranged to urge the second comb tines out of the first comb tine spacings.
Axelrod teaches in an alternative embodiment shown in Fig 1-9, at least one bias member (Fig 9, spring 24); and wherein the at least one bias member (24) is arranged (Fig 9) so that when the pressing force is applied to push-button actuators 13, 13′, the elastically deformable biasing member 24 compresses and biases the away/distal/outward movement of movable blades A and C. As such, when the pressing force applied to push-button actuators 13, 13′ is terminated or otherwise removed such that the push-button actuators 13, 13′ are released, the elastically deformable biasing member 24 decompresses, causing the elastically deformable linkages 23, 23′ to contract (retract) longitudinally, thus resulting in movable blades A and C coupled thereto to retract and move longitudinally along the longitudinal axis L-L towards/proximally/inward to handle 11, along with push-button actuator 13, 13, returning to a unpressed position from the pressed position (¶0047); and the elastically deformable mechanical linkage deforms to move the movable blade distally along the longitudinal axis (¶0008).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the combing device of embodiment Fig 10-14 of Axelrod device and incorporate at least one bias member, as taught by the alternative embodiment of Fig 1-9 of Axelrod device, so that movable blades A and C coupled thereto to retract and move longitudinally along the longitudinal axis L-L towards/proximally/inward to handle 11, along with push-button actuator 13, 13, returning to a unpressed position from the pressed position. Such modification would urge the second comb tines of blades A or C out of the first comb 30 tine spacing longitudinally after actuation of push button 13. Thus, would allow the elastically deformable mechanical linkage deforms to move the movable blade distally along the longitudinal axis in order to meet the user’s need and preferences.
Allowable Subject Matter
Claims 13-16 and 19 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Additional references were also reviewed during the examination of this application and listed for your reference in the notice of reference cited form.
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/KARIM ASQIRIBA/Examiner, Art Unit 3772