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 with traverse of the restriction of groups A and B in the reply filed on 04/08/2026 is acknowledged. The current election is directed towards group A and claims 1-16 which will be examined. The traversal is on the ground(s) that the haircare appliance and the appliance attachment are not restrictable due to common features. This is not found persuasive because the special technical feature disclosed does not make a contribution over the prior art when US 2015/0265022 was applied in the Restriction Requirement mailed on 02/13/2026.
The requirement is still deemed proper and is therefore made FINAL.
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 1-16 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 1 recites “the hollow” in line 4 where the Examiner is unclear if this is directed back towards “a hollow body” of line 2 or if this is new object. A review of the claim language and specification shows that the hollow” in line 4 does refer back to “a hollow body” of line 2 and therefore will be treated as such.
Claims 2-16 are rejected for being dependent from an unclear and indefinite claim.
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 1-6, 11, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0265024 (MacLaine hereinafter).
Regarding claim 1, MacLaine teaches a haircare appliance (Figures 1a-1b) that discloses an attachment (Figures 6a, 6b, 10a-13b) having an air inlet (Inlet at 328 for letting air into 318 in Figures 11a-11c), an air outlet (Air outlet 342 in Figures 12a-13b), a hollow body defining a flow path between the air inlet and air outlet (Hollow body 310 forming 318), and a curved surface adjacent to and downstream of the air outlet, the curved surface extending outwardly from the hollow (Curved surface of body 330).
Regarding claim 2, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses a central axis of curvature of the curved surface is displaced from a central axis of the hollow body (Evident of 330 in Figures 10a and 12a-13b).
Regarding claim 3, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses that the curved surface has a first end attached to the hollow body (First end of 330 being internal to 310 as seen in Figures 12a-13b), and a second free end opposite the first end (Second end of 330 being external to 310 and having surfaces 338).
Regarding claim 4, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses that the curved surface is substantially smooth and uninterrupted in form (Under the broadest reasonable interpretation the curved surfaces of 330 are substantially smooth).
Regarding claim 5, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses that the attachment comprises a pair of guide walls located at edges of the curved surface (Guide walls formed by 316 and 328).
Regarding claim 6, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses that the attachment is configured such that airflow exiting the air outlet generates a first force to attract hair towards the curved surface (¶ 117), and a second force to push hair away from the curved surface (¶117).
Regarding claim 11, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses that the curved surface comprises an arc angle of at least 95 degrees from the air outlet (Angle between the body 330 and the outlet 342 to direct airflow).
Regarding claim 14, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses that the haircare appliance comprises a flat surface adjacent to and extending rearwardly from the air outlet (Under the broadest reasonable interpretation, the immediate surface of 330 at the air outlet 342 is seen as flat).
Regarding claim 15, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses that the air outlet comprises a fixed air outlet (Under the broadest reasonable interpretation, the outlet 342 is a fixed opening for body 330 to be inserted).
Regarding claim 16, MacLaine’s teachings are described above in claim 1 where MacLaine further discloses that the haircare appliance comprises a single air outlet (Air outlet 342).
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 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0265024 (MacLaine) in view of US 2019/0098979 (Atkinson hereinafter).
Regarding claim 7, MacLaine’s teachings are described above in claim 1 but are silent with respect that the air outlet comprises an open cross-sectional area in the region of 140mm2 to 450mm2.
However, Atkinson teaches a haircare device that discloses an air outlet comprises an open cross-sectional area in the region of 140mm2 to 450mm2 (¶ 34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the size of the air outlet of MacLaine with the sizing of Atkinson to obtain the desired airflow volume.
Regarding claim 8, MacLaine’s teachings are described above in claim 1 but are silent with respect that the air outlet comprises a width in the region of 70mm to 90 mm.
However, Atkinson teaches a haircare device that discloses an air outlet comprises a width in the region of 70mm to 90 mm (¶ 34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the size of the air outlet of MacLaine with the sizing of Atkinson to obtain the desired airflow volume.
Regarding claim 9, MacLaine’s teachings are described above in claim 1 but are silent with respect that the air outlet comprises a height in the region of 2 mm to 5 mm.
However, Atkinson teaches a haircare device that discloses an air outlet comprises a height in the region of 2 mm to 5 mm (¶ 34).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the size of the air outlet of MacLaine with the sizing of Atkinson to obtain the desired airflow volume.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0265024 (MacLaine).
Regarding claim 10, MacLaine’s teachings are described above in claim 1 but are silent with respect that the curved surface comprises a radius of curvature in the region of 16 mm to 60 mm.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to size a radius of curvature in the region of 16 mm to 60 mm, since it has been held that discovering the optimum range involves only routine skill in the art. In re Aller 105 USPQ 233. Applicant has not disclosed any critically with respect to this specific range in the submitted specification.
Allowable Subject Matter
Claims 12 and 13 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.
Claim 12 recites “wherein a ratio of a radius of curvature of the curved surface to a velocity of airflow at the air outlet is in the region of 0.33 to 2.00” and Claim 13 recites “wherein a ratio of a radius of curvature of the curved surface to an arc length of the curved surface is in the region of 0.04 to 0.63”. Applicant has provided ample criticality in the submitted specification to prevent the Examiner from disclosing that the found ranges are result effective variables and one of ordinary skill in the art would discover them. The amount of trial and error required to discover these specific ranges with respect to attracting hair to the curved surface would be too much to view as obvious and therefore claims 12 and 13 are objected to as allowable.
Double Patenting
Claims 1-16 of this application is patentably indistinct from claims 1-14 of Application No. 18/273736. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4629863 (Giordano), US 4827105 (Brown), US 2002/0112362 (Correa), US 2014/0047727 (Torres), and US 2019/0357654 (MacPherson) all disclose various curved attachments for a haircare appliance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL 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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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
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