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 Group I claims 1-10 in the reply filed on May 13, 2026 is acknowledged. The traversal is on the grounds that restriction “is only proper if the claims of the restricted groups are independent or patentably distinct and there would be a serious burden placed on the Examiner if the restriction is not required.” This is not found persuasive because the restriction requirement is not based on US Patent rules and procedures under MPEP 803, but rather under Unity of Invention rules per 37 CFR 1.475(a) and MPEP 1800.
With regard to Groups I-VI lacking unity of invention, the technical feature of a haircare appliance is not a special technical feature as it does not make a contribution over the prior art in view of the prior art cited by applicants (as discussed on page 4 of the restriction requirement mailed March 31, 2026). As discussed on each group listed, those technical features of each group are restricted as discussed in the restriction requirement mailed March 31, 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 1-10 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 is construed to be indefinite because the recitation “the sensed temperature” lacks a positive antecedent basis. Since claims 2-10 depend upon an indefinite claim, those claims are construed to be indefinite by dependency.
Allowable Subject Matter
Claims 1-10 are allowable over the prior art of record because the haircare device with all the independently claimed features, including sensing a temperature signal with a controller coupled to a power semiconductor switch indicative of a threshold for power output is not found in the prior art either singly or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other prior art references cited with this application may teach one or more claim features, but do not rise to a level of anticipation, obviousness, and/or double patenting such that a rejection would be proper or reasonable under current Office practice and procedure. References A, B, M, O, cited with this action, are patent publications from the same inventive entity as the current application. References C, D, E, F, G, H, I, J, K, L, M, Q, R, cited with this action teach haircare devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN MICHAEL GRAVINI whose telephone number is (571)272-4875. The examiner can normally be reached M-Th 5:30 am to 5:00 (mid day flex) first F 6:00 am t0 11:00 am.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571 272 3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Friday, June 5, 2026
/STEPHEN M GRAVINI/Primary Examiner, Art Unit 3753
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