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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “first fixed member and second fixed member” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. 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 § 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.
Claim 13 is 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.
In Reference to Claim 13
Claim 13 recites “the first portion and the second portion pivotally connected such that the first and second portions are independently movable relative to one another”. Since the first portion and the second portion are pivotally connected, the first and the second portion cannot be independently movable relative to one another. The Office considers that the first and the second ends move depends on each other.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-11, 13, and 17-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the applicant provided prior art US Patent Publication 2017/0273430 to Heffer.
In Reference to Claim 1
Heffer discloses an attachment for a haircare appliance, the attachment comprising an air inlet (Fig. 1, 12), and an air outlet (Fig. 6a, 94) for emitting airflow, wherein the air outlet is at least partially defined by a movable member (Fig. 6b, 16), movement of the movable member varies a cross-sectional area of the air outlet (As showed from Fig. 6a-Fig. 6d), and the movable member is movable in a radial direction relative to a central axis of the attachment (As showed in Fig. 6a to Fig. 6d, the movable member rotates with respect to an axis).
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In Reference to Claim 2
Heffer discloses the movable member is configured to move in response to engagement of hair with the movable member in use. (Paragraph 4, the hair engaging member move relative between a first position and a second position)
In Reference to Claim 3
Heffer discloses the attachment comprises a fixed member (Fig. 6a, 22) that at least partially defines the air outlet, and the movable member (Fig. 6A, 16) is movable (rotates) relative to the fixed member to vary the cross-sectional area (Compared between Fig. 6a and 6b) of the air outlet.
In Reference to Claim 4
Heffer discloses the movable member is movable in a circumferential direction relative to the central axis. (As showed in Fig. 6a and 6b, the fixed member 16 rotates)
In Reference to Claim 5
Heffer discloses the movable member is biased into a rest configuration in which the air outlet comprises a first cross-sectional area (Fig, 6d, annotated by the examiner) and the movable member is movable in response to engagement of the movable member within hair to increase the cross-sectional area of the air outlet to a second cross-sectional area (Fig. 6a, annotated by the examiner) greater than the first cross-sectional area.
In Reference to Claim 6
Heffer discloses the movable member is movable in a radially inward direction (Fig. 6b, annotated by the examiner) toward the central axis to increase the cross-sectional area of the air outlet.
In Reference to Claim 7
Heffer discloses the movable member is movable in a radially outward direction away (As showed in Fig. 6b and 6d, the other side of the movable member is movable in a radially outward) from the central axis to increase the cross-sectional area of the air outlet.
In Reference to Claim 8
Heffer discloses the movable member is located intermediate two adjacent fixed members (Fig. 6c, 22 and 42), the air outlet comprises first and second apertures (Fig. 6c, annotated by the examiner), the first fixed member and the movable member define the first aperture, the second fixed member and the movable member define the second aperture, and movement of the movable member (Fig. 6c, 16) varies cross-sectional areas of the first and second apertures.
In Reference to Claim 9
Heffer discloses engagement of hair with the movable member to apply a force to the movable member in a first direction increases a cross-sectional area of the first aperture and decreases a cross-sectional area of the second aperture, and engagement of hair with the movable member to apply a force to the movable member in a second direction opposite to the first direction increases a cross-sectional area of the second aperture and decreases a cross-sectional area of the first aperture. (As showed in Fig. 6a-6d, the engagement between the bristle 20 and hair will apply a force to rotate the movable member 16. The movable member 16 will rotates. So the covering area between the fixed member and the movable area will be varied)
In Reference to Claim 10
Heffer discloses the movable member is pivotable (Paragraph 4 of Heffer) such that engagement of hair with the movable member to apply the force to the movable member in the first direction causes a first end (Fig. 6b annotated by the examiner) of the movable member to increase the cross-sectional area of the first aperture and causes a second end (Fig. 6d, annotated by the examiner) of the movable member opposite the first end of the movable member to decrease the cross-sectional area of the second aperture, and engagement of hair with the movable member to apply the force to the movable member in the second direction causes the first end of the movable member to decrease the cross-sectional area of the first aperture and causes the second end of the movable member to increase the cross-sectional area of the second aperture.
In Reference to Claim 11
Heffer discloses a pivot point (Fig. 2, 60) about which the movable member is pivotable is located in a channel such that the pivot point is slidable in a radial direction within the channel.
In Reference to Claim 13
Heffer discloses the movable member comprises a first portion (Fig. 6c, annotated by the examiner) at least partially defining the first aperture (Fig. 6c, annotated by the examiner), and a second portion (Fig. 6c, annotated by the examiner) at least partially defining the second aperture (Fig. 6c, annotated by the examiner), the first portion and the second portion pivotally connected (as showed in Fig. 6c).
In Reference to Claim 17
Heffer discloses the movable member (Fig. 6a, 16) is movable to vary the cross-sectional area of the first and second apertures (Fig. 6c, annotated by the examiner) against the force of a biasing member.
In Reference to Claim 18
Heffer discloses the attachment comprises a plurality of movable members (As showed in Fig. 6a-6d, there are two movable member 16) movable in a radial direction relative to the central axis of attachment, and each of the plurality of movable members at least partially defining a respective one of a plurality of air outlets, the plurality of air outlets spaced about a periphery of the attachment.
In Reference to Claim 19
Heffer discloses a first one of the plurality of movable members is located on a first side (Fig. 6a, annotated by the examiner) of the attachment, a second one of the plurality of movable members is located on a second side (Fig. 6a, annotated by the examiner) of the attachment, a first one of the plurality of air outlets is located on the first side of the attachment (As showed in Fig. 6a), a second one of the plurality of air outlets is located on the second side of the attachment opposite to the first side of the attachment (Fig. 6a, annotated by the examiner), and movement of the first moveable member to vary a cross-sectional area of the first air outlet causes movement of the second movable member to vary a cross- sectional area of the second air outlet. (As showed in Fig. 6a to 6d)
In Reference to Claims 20 and 21
Heffer discloses a haircare appliance comprising an air inlet (Fig. 1, 12), an air outlet (Fig. 6a, annotated by the examiner), and an airflow generator (Paragraph 91, the handle unit has a fan) for generating an airflow from the air inlet to the air outlet, wherein the air outlet is at least partially defined by a movable member (Fig. 6a, 16), movement of the movable member varies a cross-sectional area of the air outlet, and the movable member is movable in a radial direction relative to a central axis of the haircare appliance. (As showed in Fig. 6a to 6d)
Allowable Subject Matter
Claims 12 and 14-16 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Publication 2015/0265022 and US Patent 5,212,366.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEMING WAN whose telephone number is (571)272-1410. The examiner can normally be reached Mon-Thur: 8 am to 6 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at 57122726460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEMING . WAN
Examiner
Art Unit 3762
/DEMING WAN/Primary Examiner, Art Unit 3762 1/6/25