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 Objections
Claim 1 is objected to because of the following informalities: "wherein the noise attenuation member comprises a perforated wall" in line 7 is redundant with the same limitation in line 10. One of the instances of this limitation should be removed. Appropriate correction is required.
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 7 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.
The term “substantially” in claim 7 is a relative term which renders the claim indefinite. The term “substantially perpendicular” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, "substantially perpendicular" is understood as perpendicular.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-4, 5-7, 11-12, 14-17, 19-20, 22-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stephens et al. (US 20160367006 A1), herein referred to as Stephens’1.
Regarding claim 1, Stephens’1 discloses an attachment (10) for a hair care appliance (refer to Paragraph [0005]; the diffuser is designed for attachment to the end of a hair dryer) comprising:
an air inlet end (14) for receiving an airflow from the appliance (refer to Paragraph [0067], annotated Fig. 9(c) below),
an air outlet end (18) for emitting the airflow from the attachment (refer to Paragraph [0067], annotated Fig. 9(c) below),
a wall (90) defining and extending about an airflow path for the airflow (refer to Paragraphs [0067], [0079], annotated Fig. 9(c) below; the air flow passes through the tapering wall (20) of the baffle (16), which is surrounded by the external wall (90))
a noise attenuation member (16+80+40) surrounded by the wall (90) (refer to Paragraphs [0028], [0077]- [0079] annotated Figs. 7, 9(c) below; the tapering wall (20) is formed with the internal grille (80) to reduce noise in the air diffusing chamber (22); the external grille (40) and the internal grille (80) is designed with apertures to reduce noise; the internal (80) and external (40) grilles are positioned in the baffle (16), with the external wall (90) surrounding the baffle (16)) wherein the noise attenuation member (16+80+40) is configured to guide the airflow along at least part of the airflow path (refer to Paragraphs [0067], [0077]-[0078]; the baffle (16) guides airflow from the inlet (14) to the outlet (18), through the internal grille (80), to the external grille (40)) and,
wherein the noise attenuation member (16+80+40) comprises a perforated wall (16+152) (refer to Paragraphs [0084], [0085]; the baffle (16) comprises drainage holes (152)), and
wherein the noise attenuation member (16+80+40) comprises a sound-dampening material (80) (refer to Paragraph [0077]; the internal grill (80) and apertures (82) reduce noise as air passes through the air diffusing chamber (22)), and
wherein the noise attenuation member (16+80+40) comprises a perforated wall (16+152) (refer to Paragraphs [0084], [0085]; the baffle (16) comprises drainage holes (152)),and
wherein the perforated wall (16+152) is disposed between the wall (90) and the sound dampening material (80) (refer to annotated Fig.9(c) below).
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2. (Cancelled)
Regarding claims 3-4, Stephens’1 discloses the attachment according to claim 1 (10), wherein the perforated wall (16+152) comprises an annular wall (16) (refer to Paragraph [0068], annotated Fig. 7 above; the baffle (16) comprises an annular air channel (24) for receiving air flow), the centre of the perforated wall (16+152) lies on the longitudinal axis of the attachment (A) (refer to annotated Fig. 7 above, Fig. 4 below).
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Regarding claim 5, Stephens’1 discloses the attachment according to claim 1 (10), wherein the perforated wall (16+152) tapers outwardly towards the air outlet end (18) (refer to Paragraph [0067], annotated Figs. 7, 9(c) above; the baffle (16) has an air outlet end (18) larger than the air inlet end (14)).
Regarding claim 6, Stephens’1 discloses the attachment according to claim 1 (10), wherein the perforated wall (16+152) comprises a plurality of through-holes (152) (refer to Paragraph [0084], annotated Fig. 9(c) above; the drainage holes (152) receive water droplets from the internal grille (80) and drain through to the annular air chamber (100), thus they are through-holes).
Regarding claim 7, Stephens’1 discloses the attachment according to claim 6 (10), wherein the perforated wall (16+152) is disposed about the longitudinal axis of the attachment (A) (refer to Paragraphs [0014], [0068], annotated Figs. 4, 7 above; the longitudinal axis is centered with the air inlet (14) of the baffle (16)) and wherein the through holes (152) extend in a direction substantially perpendicular to the longitudinal axis of the attachment (refer to Paragraphs [0084]-[0085], annotated Fig. 9(c) below; Examiner is interpreting “substantially” perpendicular as perpendicular, as Applicant’s specification does not define “substantially perpendicular”; the drainage holes (152) extend across the tapering wall (20) in a perpendicular direction).
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8. (Cancelled)
10. (Cancelled)
Regarding claim 11, Stephens’1 discloses the attachment according to claim 1 (10), wherein the sound dampening material (80) is surrounded by the perforated wall (16+152) (refer to Paragraph [0078], annotated Fig. 9(c) from claim 1 above; the internal grille (80) is supported by a ledge (84) formed on the internal surface of the tapering wall (20) of the baffle (16)).
Regarding claim 12, Stephens’1 discloses the attachment according to claim 1 (10), wherein the noise attenuation member (16+80+40) comprises a cap (40) and the sound-dampening material (80) is disposed between the perforated wall (16+152) and the cap (40) (refer to Paragraph [0081], annotated Fig. 9(c) below; the internal grille (80) rests on a ledge (84) in the baffle (16), with the external grille (4) positioned on the air outlet end (18) of the baffle (16)).
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Regarding claim 14, Stephens’1 discloses the attachment according to claim 1 (10), wherein the wall (90) comprises an annular wall (90) extending around the longitudinal axis of the attachment, the centre of the annular wall lies on the longitudinal axis of the attachment (A) (refer to annotated Fig. 4 below).
Regarding claims 15-16, Stephens’1 discloses the attachment according to claim 1 (10), wherein at least a portion of the wall (90) is tapered outwardly away from the longitudinal axis (A) of the attachment (10) towards the outlet end (18) (refer to annotated Fig. 4 below).
Regarding claim 17, Stephens’1 discloses the attachment according to claim 15 (10), wherein the angle of taper of the wall (90) varies between the inlet end (14) and the outlet end (18) (refer to annotated Fig. 4 below).
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Regarding claim 22, Stephens’1 discloses the attachment according to claim 1 (10), wherein the inlet end (14) is adapted to receive part of the appliance (refer to Paragraph [0067]; the air inlet end (14) receives airflow from a hair dryer).
Regarding claim 24, Stephens’1 discloses an attachment (10) for a hair care appliance (refer to Paragraph [0005]; the diffuser is designed for attachment to the end of a hair dryer) comprising:
an air inlet end (14) for receiving an airflow from the appliance (refer to Paragraph [0067], annotated Fig. 9(c) below),
an air outlet end (18) for emitting the airflow from the attachment (refer to Paragraph [0067], annotated Fig. 9(c) below),
a wall (90) defining and extending about an airflow path for the airflow (refer to Paragraphs [0067], [0079],annotated Fig. 9(c) below; the air flow passes through the tapering wall (20) of the baffle (16), which is surrounded by the external wall (90))
a noise attenuation member (16+80+40) surrounded by the wall (90) (refer to Paragraphs [0067], [0077]-[0078], [0079] annotated Figs. 7, 9(c) below; the tapering wall (20) of the baffle (16) defines an air diffusing chamber (22), supporting the internal grille (80); the internal grille (80) is designed with apertures (82) to reduce noise; the internal grille (80) is internal to the baffle (16), and external grille (40) is positioned on the baffle (16), with the external wall (90) shown surrounding these structures) wherein the noise attenuation member (16+80) is configured to guide the airflow along at least part of the airflow path (refer to Paragraphs [0067], [0077]-[0078]; the tapering wall (20) is formed with the internal grille (80) to reduce noise in the air diffusing chamber (22)) and,
wherein the noise attenuation member (16+80+40) comprises a perforated wall (16+152) (refer to Paragraphs [0084], [0085]; the baffle (16) comprises drainage holes (152)), and
wherein the noise attenuation member (16+80+40) comprises a sound-dampening material (80) (refer to Paragraph [0077]; the internal grill (80) and apertures (82) reduce noise as air passes through the air diffusing chamber (22)), and
wherein the sound dampening material (80) is surrounded by the perforated wall (16+152) (refer to Paragraph [0078], annotated Fig. 9(c); the internal grille (80) is supported by a ledge (84) formed on the internal surface of the tapering wall (20) of the baffle (16)).
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Regarding claim 25, Stephens’1 discloses an attachment (10) for a hair care appliance (refer to Paragraph [0005]; the diffuser is designed for attachment to the end of a hair dryer) comprising:
an air inlet end (14) for receiving an airflow from the appliance (refer to Paragraph [0067], annotated Fig. 9(c) below),
an air outlet end (18) for emitting the airflow from the attachment (refer to Paragraph [0067], annotated Fig. 9(c) below),
a wall (90) defining and extending about an airflow path for the airflow (refer to Paragraphs [0067], [0079],annotated Fig. 9(c) below; the air flow passes through the tapering wall (20) of the baffle (16), which is surrounded by the external wall (90))
a noise attenuation member (16+80+40) surrounded by the wall (90) (refer to Paragraphs [0028], [0077]- [0079] annotated Figs. 7, 9(c) below; the tapering wall (20) is formed with the internal grille (80) to reduce noise in the air diffusing chamber (22); the external grille (40) and the internal grille (80) is designed with apertures to reduce noise; the internal (80) and external (40) grilles are positioned in the baffle (16), with the external wall (90) surrounding the baffle (16)) wherein the noise attenuation member (16+80+40) is configured to guide the airflow along at least part of the airflow path (refer to Paragraphs [0067], [0077]-[0078]; the baffle (16) guides airflow from the inlet (14) to the outlet (18), through the internal grille (80), to the external grille (40)) and,
wherein the noise attenuation member (16+80+40) comprises a perforated wall (16+152) (refer to Paragraphs [0084], [0085]; the baffle (16) comprises drainage holes (152)), and
wherein the noise attenuation member (16+80+40) comprises a sound-dampening material (80) (refer to Paragraph [0077]; the internal grill (80) and apertures (82) reduce noise as air passes through the air diffusing chamber (22)), and
wherein the noise attenuation member (16+80+40) comprises a cap (40) and the sound-dampening material (80) is disposed between the perforated wall (16+152) and the cap (40) (refer to Paragraph [0081], annotated Fig. 9(c) below; the internal grille (80) rests on a ledge (84) in the baffle (16), with the external grille (4) positioned on the air outlet end (18) of the baffle (16)).
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Alternative Interpretation of Stephens’1
Regarding claim 1, Stephens’1 discloses an attachment (10) for a hair care appliance (refer to Paragraph [0005]; the diffuser is designed for attachment to the end of a hair dryer) comprising:
an air inlet end (14) for receiving an airflow from the appliance (refer to Paragraph [0067], annotated Fig. 9(c) below),
an air outlet end (18) for emitting the airflow from the attachment (refer to Paragraph [0067], annotated Fig. 9(c) below),
a wall (16) defining and extending about an airflow path for the airflow (refer to Paragraphs [0067], [0079],annotated Figs. 7, 9(c) below; the air flow passes through the tapering wall (20) of the baffle (16))
a noise attenuation member (80+40) surrounded by the wall (16) (refer to Paragraphs [0028], [0081] annotated Figs. 7, 9(c) below; the internal grille (80) is designed with apertures (82) to reduce noise; the external grille (40) also comprises air outlets for reducing noise; both the internal (80) and external (40) grilles are received in the baffle (16), thereby being surrounded by the baffle (16)) wherein the noise attenuation member (80+40) is configured to guide the airflow along at least part of the airflow path (refer to Paragraphs [0069], [0076]; the external grille (40) is connected to the air outlet end (18) of the baffle (16), passing this air flow through its air outlets (42, 44); the apertures (82) of the internal grille (80) also guide airflow through the air diffusion chamber (22)) and,
wherein the noise attenuation member (80+40) comprises a perforated wall (80+82) (refer to Paragraph [0077]; the formed apertures (82) in the internal grille (80) reduce noise), and
wherein the noise attenuation member (80+40) comprises a sound-dampening material (40) (refer to Paragraph [0028]; the formed apertures in the external grille (40) reduce noise), and
wherein the noise attenuation member (80+40) comprises a perforated wall (80+82) (refer to Paragraph [0077]),and
wherein the perforated wall (80+82) is disposed between the wall (16) and the sound dampening material (40) (refer to Paragraph [0081], annotated Figs.7, 9(c) below).
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Regarding claims 3-4, Stephens’1 discloses the attachment according to claim 1 (10), wherein the perforated wall (80+82) comprises an annular wall (80) (refer to Paragraph [0081]; the internal grille (80) comprises a central aperture (110) positioned around the female connector (112)), the centre of the perforated wall (80+82) lies on the longitudinal axis of the attachment (A) (refer to Paragraphs [0013], [0081] annotated Figs. 4 (below), 9(c) (above); the connectors (112, 116), which are centered on the perforated wall (80+82), lie on the longitudinal axis)
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Regarding claim 7, Stephens’1 discloses the attachment according to claim 6 (10), wherein the perforated wall (80+82) is disposed about the longitudinal axis of the attachment (A) (refer to Paragraphs [0013], [0081], annotated Figs. 4, 7 above) and wherein the through holes (82) extend in a direction substantially perpendicular to the longitudinal axis of the attachment (A) (refer to Paragraphs [0084]-[0085], annotated Fig. 7 below; Examiner is interpreting “extend(ing) substantially perpendicular” as the direction the holes are distributed from the center in an orthogonal direction, as Applicant’s specification does not define “substantially perpendicular”; the apertures (82) extend upward, downward and outward from the longitudinal axis).
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Regarding claim 14, Stephens’1 discloses the attachment according to claim 1 (10), wherein the wall (16) comprises an annular wall (20) extending around the longitudinal axis of the attachment, the centre of the annular wall lies on the longitudinal axis of the attachment (A) (refer to Paragraphs [0014], [0067], Fig. 7 above; the air inlet (14), which the baffle (16) forms, is centered on the longitudinal axis (A)).
Regarding claims 15-16, Stephens’1 discloses the attachment according to claim 1 (10), wherein at least a portion of the wall (16) is tapered outwardly away from the longitudinal axis (A) of the attachment (10) towards the outlet end (18) (refer to annotated Fig. 8(b) below).
Regarding claim 17, Stephens’1 discloses the attachment according to claim 15 (10), wherein the angle of taper of the wall (16) varies between the inlet end (14) and the outlet end (18) (refer to annotated Fig. 8(b) below; the outward curving of the two sections demonstrates the taper angle changing).
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Regarding claim 19, Stephens’1 discloses the attachment according to claim 1 (10), wherein, the attachment (10) comprises an external wall (90) surrounding said wall (16) of the attachment (refer to Paragraph [0079]; annotated Fig. 7 above; the external wall (90) surrounds the baffle (16)).
Regarding claim 20, Stephens’1 discloses the attachment according to claim 19 (10), wherein the wall (16) comprises at least one support member (114) located on a surface of the wall (20) which faces the external wall (90), and each configured to provide a contact point between the wall (16) and the external wall (90) (refer to Paragraph [0081], annotated Fig. 7 above; the baffle (16) includes an angular alignment member (114) received between an adjacent pair of spacers (96) on the interior of the external wall (90)).
Regarding claim 23, Stephens’1 discloses the attachment according to claim 1 (10), comprising a magnet (130) attached to the wall (16) for securing the attachment (10) to the appliance (refer to Paragraph [0083], annotated Fig. 7 above; the diffuser (10) is attached to the hair dryer by a magnet (130) located at the air inlet end of the baffle (16)).
Claim(s) 1, 3-4, 11, 14, 18, 22, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stephens et al. (US 20160206075 A1), herein referred to as Stephens'2.
Regarding claim 1, Stephens’2 discloses an attachment (100) for a hair care appliance (refer to Paragraph [0068]; an attachment (100) is connected to the hairdryer (10)) comprising:
an air inlet end (132) for receiving an airflow from the appliance (refer to Paragraph [0077], annotated Fig. 7a below; the first fluid flow path (130) has a first fluid inlet (132)),
an air outlet end (140) for emitting the airflow from the attachment (refer to Paragraph [0068], annotated Fig. 7a below),
a wall (110) defining and extending about an airflow path for the airflow (refer to Paragraph [0070],annotated Fig. 7a below; the first wall (110) extends along the first fluid path (130))
a noise attenuation member (120+102) surrounded by the wall (110) (refer to Paragraphs [0081], [0086], annotated Figs. 7a, 8a below; the sleeve (102) is concentric with the first wall (110), with the bung (120) housed in the sleeve (102); the bung (120) and angle of the inner face (102a) of the first wall (102) work together to reduce the production of noise) wherein the noise attenuation member (120+102) is configured to guide the airflow along at least part of the airflow path (refer to Paragraphs [0077], [0080], annotated Fig. 7a below; the first wall (102) and bung (120) produce the first fluid path (130)) and,
wherein the noise attenuation member (120+102) comprises a perforated wall (102+134) (refer to Paragraph [0077]; the first wall (102) comprises a first fluid outlet (134)), and
wherein the noise attenuation member (120+102) comprises a sound-dampening material (120) (refer to Paragraph [0081]; the shape of the bung(120) reduces the production of noise), and
wherein the noise attenuation member (120+102) comprises a perforated wall (102+134) (refer to Paragraph [0077]; the first wall (102) comprises a first fluid outlet (134)), and
wherein the perforated wall (102) is disposed between the wall (110) and the sound dampening material (120) (refer to Paragraph [0086], annotated Fig.7a below; the sleeve (102) is concentric with the first wall (110), with the bung (120) housed in the sleeve (102)).
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2. (Cancelled)
Regarding claim 3, Stephens’2 discloses the attachment according to claim 1 (100), wherein the perforated wall (102+134) is disposed about the longitudinal axis of the attachment (Y-Y) (refer to Paragraph [0074], annotated Fig. 7a above).
Regarding claim 4, Stephens’2 discloses the attachment according to claim 3 (100), wherein the perforated wall (102+134) comprises an annular wall (102) (refer to annotated Figs. 7a, 8a above; the inner wall (158) is formed around a first fluid outlet (134)), the centre of the perforated wall (102+134) lies on the longitudinal axis of the attachment (Y-Y) (refer to annotated Fig. 7a above).
Regarding claim 11, Stephens’2 discloses the attachment according to claim 1 (100), wherein the sound dampening material (120) is surrounded by the perforated wall (102+134) (refer to Paragraph annotated Fig. 7a from claim 1 above).
Regarding claim 14, Stephens’2 discloses the attachment according to claim 1 (100), wherein the wall (110) comprises an annular wall (190) extending around the longitudinal axis of the attachment (Y-Y), the centre of the annular wall lies on the longitudinal axis of the attachment (Y-Y) (refer to Paragraph [0068], annotated Fig. 7a above; the second part (190) of the wall (110) comprises a fluid outlet (140) shown as centered on the longitudinal axis (Y-Y)).
Regarding claim 18, Stephens’2 discloses the attachment according to claim 1 (100), wherein the wall (110) and the noise attenuation member (120+102) are shaped such that the cross-sectional area of the airflow path (130), as measured perpendicular to the longitudinal axis (A) of the attachment (10), decreases from the inlet end (14) to the outlet end (18) (refer to Paragraphs [0079]-[0080], Fig. 9; the cross-sectional area is non-constant; as the air turns around the corner produced by the noise attenuation member (bung (120) and first wall (102)), the cross-sectional area of the fluid flow path (130) is reduced).
Regarding claim 22, Stephens’2 discloses the attachment according to claim 1 (101), wherein the inlet end (132) is adapted to receive part of the appliance (refer to Paragraphs [0068], [0070]; the first part (180) of the attachment connects to the attachment (100) and defines a first fluid inlet (132)).
Regarding claim 24, Stephens’2 discloses an attachment (100) for a hair care appliance (refer to Paragraph [0068]; an attachment (100) is connected to the hairdryer (10)) comprising:
an air inlet end (132) for receiving an airflow from the appliance (refer to Paragraph [0077], annotated Fig. 7a below; the first fluid flow path (130) has a first fluid inlet (132)),
an air outlet end (140) for emitting the airflow from the attachment (refer to Paragraph [0068], annotated Fig. 7a below),
a wall (110) defining and extending about an airflow path for the airflow (refer to Paragraph [0070],annotated Fig. 7a below; the first wall (110) extends along the first fluid path (130))
a noise attenuation member (120+102) surrounded by the wall (110) (refer to Paragraphs [0081], [0086], annotated Figs. 7a, 8a below; the sleeve (102) is concentric with the first wall (110), with the bung (120) housed in the sleeve (102); the bung (120) and angle of the inner face (102a) of the first wall (102) work together to reduce the production of noise) wherein the noise attenuation member (120+102) is configured to guide the airflow along at least part of the airflow path (refer to Paragraphs [0077], [0080], annotated Fig. 7a below; the first wall (102) and bung (120) produce the first fluid path (130)) and,
wherein the noise attenuation member (120+102) comprises a perforated wall (102+134) (refer to Paragraph [0077]; the first wall (102) comprises a first fluid outlet (134)), and
wherein the noise attenuation member (120+102) comprises a sound-dampening material (120) (refer to Paragraph [0081]; the shape of the bung(120) reduces the production of noise), and
wherein the sound dampening material (80) is surrounded by the perforated wall (20+152) wherein the sound dampening material (120) is surrounded by the perforated wall (102+134) (refer to Paragraph annotated Fig. 7a below).
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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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stephens et al. (US 20160367006 A1), herein referred to as Stephens’1, in view of Maclaine (US 20150265024 A1).
Regarding claim 9, Stephens’1 discloses the attachment according to claim 1 (10), but is silent to wherein the sound dampening material (80) is an acoustic felt material.
Maclaine discloses an attachment (30) for a hair care appliance (10) in the same field of endeavor (refer to Paragraph [0074]). The attachment comprises a series of plates (110) with air flow slots (102) and a sound dampening acoustic felt material (308) (refer to Paragraph [0094], annotated Fig. 3a below; the felt like material (308) absorbs the noise produced by fluid flowing through the head (30)). The plates (110) and slots (102) of Maclaine are analogous structures to the apertures (82) and solid portion of the sound-dampening material (80) of Stephens’, with both structures functioning to absorb noise (refer to Paragraph [0094] of Maclaine and Paragraph [0077] of Stephens’1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sound-dampening material (80) of Stephens’1 (refer to Paragraph [0077] ) with a felt material as taught by Maclaine (refer to Paragraph [0094]), as Maclaine teaches a felt material is effective for absorbing noise (refer to Paragraph [0094]).
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Regarding claims 13 and 26, Stephens’1 discloses the attachment according to claims 12 and 25 (10), wherein the perforated wall (16+152) and the cap (40) each comprises a retention member (112, 116) configured to retain the sound dampening material (80) within the noise attenuation member (16+80+40) (refer to Paragraph [0081]; the internal surface of the external grille (40) comprises a male connector (116) which is received by the female connector (112) of the baffle (16) to sandwich the internal grille (80) between the two structures (16, 40)); Stephens’1 does not disclose there being a plurality of retention members.
Although a plurality of retention members are not disclosed, the single retention members (112, 116) of Stephens’1 perform the same function of Applicant’s device, retaining the sound-dampening material (80), thereby preventing movement of the sound-dampening material (80) (see page 10, lines 7-11 of specification). Regarding the duplication of the retention members (112, 116), “the courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960): (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)” MPEP § 2144.04-VI-B.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the single retention members (112, 116) as disclosed by Stephens’1 to be a plurality of retention members, as the same result is produced by the single retention members (112, 116) and the plurality of retention members.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stephens et al. (US 20160367006 A1), herein referred to as Stephens’1, in view of Hadden (US 20130133218 A1).
Regarding claim 21, Stephens’1 discloses the attachment according to claim 1 (10), but is silent to wherein the wall (90) comprises a seat configured to accommodate an RFID tag.
Hadden discloses a module attachment (30) for a hair care appliance in the same field of endeavor (refer to Paragraph [0070]), wherein the attachment (30) wall comprises a seat configured to accommodate an RFID tag (46) (refer to Paragraph [0071], annotated Fig. 6 below; the identification device (46) includes devices/structures configured to communicate information to the main module (20), such as an RFID tag). The RFID tag (46) allows for communication to the main module (20) on operational characteristics (refer to Paragraph [0052]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the attachment (10) of Stephens’1 with an RFID tag seat as taught by Hadden in order to allow for communication to the main module (20) on operational characteristics (refer to Paragraph [0052]).
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Response to Arguments
Upon review of Applicant’s amended claims on 02/23/2026, Examiner identified new prior art applicable to the claims. Therefore, the rejection and indication of claims 10-13 as containing allowable subject matter has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Stephens et al. (US 20160367006 A1) (Stephens’1), Stephens et al. (US 20160206075 A1) (Stephens'2), Maclaine (US 20150265024 A1), and Hadden (US 20130133218 A1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pang (WO 2019239090 A1) discloses an attachment for a handheld appliance that also comprises an external wall, cap structure, and sound dampening material.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772