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). The drawings must show every feature of the invention specified in the claims. Therefore, the “main flow path” in Claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claim 13 is objected to because of the following informalities: “second movable portion” in Line 4 shall be “the second movable portion”. Appropriate correction is required.
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 1-5 and 9-20 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) for receiving an airflow, and an air outlet (Fig. 1, annotated by the examiner), wherein the air outlet comprises a first aperture (Fig. 6a, annotated by the examiner) located on a first side (Fig. 1, annotated by the examiner) of the attachment, and a second aperture (Fig. 6c, annotated by the examiner) located on a second side (Fig. 6c, annotated by the examiner) of the attachment opposite to the first side of the attachment, the attachment configured such that engagement of the first side of the attachment with hair increases airflow through the first aperture (As showed in Fig. 6a) and decreases airflow through the second aperture, and engagement of the second side of the attachment with hair increases airflow (As showed in Fig. 6c) through the second aperture and decreases airflow through the first aperture.
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In Reference to Claim 2
Heffer discloses the attachment is configured such that engagement of the first side of the attachment with hair decreases airflow through the second aperture to zero (As showed in Fig. 6a), and engagement of the second side of the attachment with hair decreases airflow through the first aperture to zero (As showed in Fig. 6c).
In Reference to Claim 3
Heffer discloses each of the first and second apertures comprises a respective maximal cross-sectional area, and the attachment is configured such that the first aperture comprises its maximal cross-sectional area when the airflow through the second aperture is zero (As showed in Fig. 6a), and the second aperture comprises its maximal cross-sectional area when the airflow through the first aperture is zero (As showed in Fig. 6c).
In Reference to Claim 4
Heffer discloses the attachment comprises a fixed member (Fig. 6a, 22) and a movable member (Fig. 6b, annotated by the examiner) movable relative to the fixed member, movement of the movable member relative to the fixed member occurs in response to engagement of hair with either of the first and second sides, and movement of the movable member relative to the fixed member varies the airflow through any of the first and second apertures (As showed in Fig. 6a-6d).
In Reference to Claim 5
Heffer discloses the movable member comprises a plurality of bristles (Fig. 6b, 20), and the movable member is movable in response to the bristles engaging hair in use (As showed in Fig. 6a-6d).
In Reference to Claim 9
Heffer discloses the fixed member (Fig. 6a, annotated by the examiner) and the movable member (Fig. 6b, annotated by the examiner) each at least partially define the first and second apertures (As showed in Fig. 6a to Fig. 6d, the opening of the aperture is determined by the fixed member and the movable member) such that movement of the movable member relative to the fixed member varies a cross-sectional area of any of the first and second apertures.
In Reference to Claim 10
Heffer discloses engagement of the first side (Fig. 6a, annotated by the examiner) of the attachment with hair moves the movable member to increase the cross-sectional area of the first aperture and decrease the cross-sectional area of the second aperture, and engagement of the second side (Fig. 6c, annotated by the examiner) of the attachment with hair moves the movable member to increase the cross-sectional area of the second aperture and decrease the cross- sectional area of the first aperture. (The Office considers that the engagement between the hair and movable member in different direction such as clockwise or anti-clockwise, rotates the movement member with respect to the fixed member)
In Reference to Claim 11
Heffer discloses each of the first and second apertures comprises a respective minimal cross-sectional area, engagement of the first side of the attachment with hair moves the movable member to decrease the cross-sectional area of the second aperture to its minimal cross-sectional area, and engagement of the second side of attachment with hair moves the movable member to decrease the cross-sectional area of the first aperture to its minimal cross-sectional area. (As showed in Fig. 6a-6d, the aperture opening changes from minimal which is zero to a full opening position)
In Reference to Claim 12
Heffer discloses the minimal cross-sectional area of each of the first and second apertures is zero. (As showed in Fig. 6a to 6d, the minimal apertures is zero)
In Reference to Claim 13
Heffer discloses the movable member comprises a first movable portion (Fig. 6a, annotated by the examiner) that at least partially defines the first aperture, and a second movable portion (Fig. 6c, annotated by the examiner) that at least partially defines the second aperture, movement of the first movable portion causes movement of second movable portion, and movement of the second movable portion causes movement of the first movable portion. (Since the first portion and the second portion as two sides of the same components, therefore the movement of the first portion and the second portion are coupled together)
In Reference to Claim 14
Heffer discloses movement of the first movable portion in a first direction (Fig. 6b, annotated by the examiner) increases the cross-sectional area of the first aperture, movement of the second movable portion in the first direction decreases the cross- sectional area of the second aperture, movement of the first movable portion in a second direction (Fig. 6c, annotated by the examiner) opposite to the first direction decreases the cross-sectional area of the first aperture, and movement of the second movable portion in the second direction increases the cross-sectional area of the second aperture.
In Reference to Claim 15
Heffer discloses movement of the first and second movable portions is constrained such that the first and second apertures (Fig. 6a and 6c) comprise respective maximal and minimal cross-sectional areas at boundaries of motion of the first and second movable portions. (As showed, each aperture opening changes from zero to a full opening position)
In Reference to Claim 16
Heffer discloses the first aperture comprises its maximal cross-sectional area when the second aperture comprises its minimal cross-sectional area, and the first aperture comprises its minimal cross-sectional area when the second aperture comprises its maximal cross-sectional area. (As showed in Fig. 6a to 6d, each aperture changes from a minimal cross-section area to a maximal cross-section area)
In Reference to Claim 17
Heffer discloses the first and second movable portions (Fig. 6a, annotated by the examiner) are biased (As showed in Fig. 6a of 6c, the movable portion moves from a fully open position to a closed position, an intermediate position is inherent is the opening process, the Office considers the intermediate position is the rest configuration) to a rest configuration in use, and the first and second apertures comprise cross-sectional areas intermediate their maximal and minimal cross-sectional areas when the first and second movable portions are in their respective rest configurations.
In Reference to Claim 19
Heffer discloses the attachment comprises a plurality of apertures (As showed in Fig. 6a-6d, there are two apertures) located about a periphery of the attachment, the plurality of apertures including the first aperture and the second aperture (As showed in Fig. 6a and 6c), the attachment configured such that engagement of the attachment with hair in the region of any of the plurality of apertures increases airflow through that aperture, and decreases airflow through an opposing aperture on the opposite side of the attachment.
In Reference to Claim 19
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 for generating an airflow from the air inlet to the air outlet, wherein the air outlet comprises a first aperture (Fig. 6a, annotated by the examiner) located on a first side of the haircare appliance, and a second aperture (Fig. 6c, annotated by the examiner) located on a second side of the haircare appliance opposite to the first side of the haircare appliance, the haircare appliance configured such that engagement of the first side of the with hair increases airflow through the first aperture and decreases airflow through the second aperture, and engagement of the second side of the haircare appliance with hair increases airflow through the second aperture and decreases airflow through the first aperture.
In Reference to Claim 20
Heffer discloses the haircare appliance comprises a handle unit (Fig. 8, 106) within which the airflow generator is disposed, and an attachment comprising the air outlet, the attachment removably attachable to the handle unit.
Allowable Subject Matter
Claims 6-8 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 6,532,968, US Patent 6,070,594, 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 1/7/25