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.
Claim 18 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.
Claim 18 recites “an airflow generator” in line 3. It is unclear it is the same airflow generator recited in claim 1, line 2 or different one.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7, 11, 18-19, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US 8,272,142 B2) in view of Leach (GB 576,823).
With regard to claims 1, 21, Hall discloses an attachment ss for a handheld haircare appliance 12 comprising a handle unit 32 within which an airflow generator 18 is disposed (Figs. 1-8), the attachment 22 comprising: an air inlet (Fig. 7, at 16) for receiving an airflow from the handle unit 30; an air outlet 24 for emitting the airflow (Figs. 1-2); and a hair treatment chamber for receiving hair (Figs. 1-2, open space of formed by 22), the hair treatment chamber in fluid communication with the air outlet 24 (Figs. 1-2); wherein the hair treatment chamber comprises a wall (Figs. 1-2, at 22), an opening (not numbered, Figs. 1-2, opening of 22) through which hair is insertable into the hair treatment chamber (Figs. 1-2). However, Hall does not discloses an aperture formed in the wall, the air outlet configured to direct airflow away from the opening and toward the aperture in use. Leach discloses an attachment 1 comprising an aperture 19 formed in the wall 13, 14 (Fig. 1), the air outlet 16 configured to direct airflow away from the opening 17 and toward the aperture 19 in use (see air flow arrows in Fig. 1). Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to modify the attachment of Hall to form an aperture formed in the wall and to configure the air outlet to direct airflow away from the opening and toward the aperture in use as taught by Leach in order to circulate air through hair from outlet to the aperture to improve hair treating efficiency.
With regard to claim 2, Leach discloses wherein the air outlet 16 is configured to direct airflow along a surface of the wall in use (see air flow arrows in Fig. 1).
With regard to claim 3, Hall discloses the wall comprises a porous material (Figs. 1-2, wall made by material with porous 24). Leach also discloses wherein the wall 13, 14 comprises a porous material (Fig. 1, wall 13, 14 made by material with porous 19).
With regard to claim 4, Hall discloses wherein the porous material defines the aperture 24 (Fig. 1). Leach discloses wherein the porous material defines the aperture 19 (Fig. 1).
With regard to claim 5, Leach discloses wherein the attachment 1 comprises a plurality of apertures 19 formed in the wall (Fig. 1).
With regard to claim 6, Leach discloses wherein the air outlet 16 extends about at least a part of a periphery 17 of the hair treatment chamber 1 (Fig. 1).
With regard to claim 7, Leach discloses wherein the air outlet 16 extends about the entire periphery 17 of the hair treatment chamber 1 (Fig. 1, page 3, lines 19-21).
With regard to claim 11, Leach discloses wherein a portion of the wall (Fig. 1, portion of wall 14 between 19) spaced from the air outlet 16 is shaped to direct airflow within the hair treatment chamber 1 toward the opening.
With regard to claim 18, Hall as modified by Leach discloses a haircare appliance comprising the attachment as claimed in claim 1 and Hall further discloses an airflow generator 16 for generating an airflow from the air inlet to the air outlet (Figs. 1-2).
With regard to claim 19, Hall discloses wherein the haircare appliance comprises a handle unit 30 within which the airflow generator 16 is disposed (Figs. 1-2), and the attachment 22 is removably attachable to the handle unit 30 (Figs. 1-2).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hall (US 8,272,142 B2) in view of Leach (GB 576,823) as applied to claim 1 as above, and further in view of Lelieveld (EP 3598919 A1).
The attachment of Hall as modified by Leach as above includes all that is recited in claim 10 except for wherein the attachment comprises a sensor configured to output a signal indicative of a property of hair within the hair treatment chamber in use. Lelieveld discloses a hair dryer attachment A comprising a sensor S configured to output a signal indicative of a property of hair within the hair treatment chamber when in use (Figs. 1-4, abstract). Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to further modify the attachment of Hall to include a sensor configured to output a signal indicative of a property of hair within the hair treatment chamber in use as taught by Lelieveld in order to control the hair treatment based on the sensed hair property to obtain an optimum hair treatment result.
Claims 12-13, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US 8,272,142 B2) in view of Leach (GB 576,823) as applied to claim 1 as above, and further in view of Murphy (US 2,464,776).
The attachment of Hallas modified by Leach as above includes all that is recited in claim 12 except for the attachment comprises a further air outlet configured to direct airflow in a different direction to airflow directed by the air outlet; wherein the further air outlet is configured to direct airflow in a direction orthogonal to, or opposite to, a direction in which airflow is directed by the air outlet. Murphy discloses an attachment 15 for haircare appliance 1 comprising an air outlet (Fig. III, at 19, formed between 17 and 40) and a further air outlet 21 configured to direct airflow in a different direction to airflow directed by the air outlet (Fig. III). Wherein the further air outlet 21 is configured to direct airflow in a direction orthogonal to, or opposite to, a direction in which airflow is directed by the air outlet (see air flow arrows in Fig. III). Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to modify the attachment of Hall to include a further air outlet configured to direct airflow in a different direction to airflow directed by the air outlet; wherein the further air outlet is configured to direct airflow in a direction orthogonal to, or opposite to, a direction in which airflow is directed by the air outlet as taught by Murphy in order to improve the hair drying efficiency. With regard to claim 16, Murphy discloses a plurality of further air outlets 21 spaced about a periphery of the opening, each of the plurality of further air outlets 21 configured to direct airflow in a different direction to airflow directed by the air outlet (Fig. III).
Allowable Subject Matter
Claims 8-9, 14-15 and 17 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19, 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA J YUEN whose telephone number is (571)272-4878. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL G HOANG can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jessica Yuen/
Primary Examiner
Art Unit 3762
JY