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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “2”, “4”, “6” has been used to designate multiple elements. 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. 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.
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 connecting hole positions must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim Objections
Claim 1 is objected to because of the following informalities: Claims should only be one sentence in length. 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.
Claims 10-19 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim 10 recites “the first combing mechanism and the second combing mechanism are used interchangeably”, it is unclear whether this claim requires both elements or if only one is required.
Claim 11 recites the limitation "the installation base". There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the first combing piece". There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites “the through holes pass through the comb teeth”, it is unclear whether applicant meant the comb teeth pass through the claimed holes or if there is another meaning behind this limitation.
Claim 13 recites the limitation "the elastic pushing member". There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites “the pushing piece is provided with two”, with no description of what the “two” is in reference to.
Claim 17 recites the limitation "the lower mounting plate". There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the hair removal piece". There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the main force driving member". There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the first combing mechanism". There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the power contact end". There is insufficient antecedent basis for this limitation in the claim.
Applicant should review the claims as there was an extensive list of unclear limitations found, and the recited limitations found above may not be the full extent of required corrections.
Claims 14-16, 18 are rejected due to dependency on a rejected claim above.
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 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mosby (US 20230019658 A1).
Regarding claim 10: Mosby discloses a pet hair combing device comprising a handle body (1) and a combing mechanism mounted on the handle body, wherein the combing mechanism is detachably connected to the handle body (para 29) and includes a first combing mechanism (Fig. 3) and a second combing mechanism (Fig. 2). The first combing mechanism is used for combing pet hair and is detachably connected to the handle body (Fig. 3). The second combing mechanism (Fig. 2) is provided with a hair removal mechanism for cleaning the hair on the second combing mechanism (para 19, both come with liquids which exit via holes (3) allowing for cleaning). The second combing mechanism is detachably connected to the handle body, and the first combing mechanism and the second combing mechanism are used interchangeably (para 29).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Mosby as applied to claim 10 above, and further in view of Kung (US 7225815 B2).
Regarding claim 11: Mosby discloses the limitations of claim 10 as shown above.
Mosby fails to teach wherein the first combing mechanism includes a combing connector, and the installation base has a first installation surface and a second installation surface; the first combing piece is installed on the first installation surface, and an elastic pushing piece is installed on the second installation surface; the elastic pushing piece includes a connecting piece, and one end of a pushing piece is connected to each end of the connecting piece; the second installation surface has a connecting through hole, and the other end of the pushing piece passes through the connecting through hole and is connected to the first combing piece.
However, Kung teaches wherein the first combing mechanism includes a combing connector, and the installation base has a first installation surface (14) and a second installation surface (142); the first combing piece (16) is installed on the first installation surface, and an elastic pushing piece (50/52) is installed on the second installation surface; the elastic pushing piece (50/52) includes a connecting piece (72), and one end of a pushing piece is connected to each end of the connecting piece (Fig. 2); the second installation surface has a connecting through hole, and the other end of the pushing piece passes through the connecting through hole and is connected to the first combing piece (As seen in Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the interchangeable brush of as disclosed by Mosby with the brush as taught by Kung with a reasonable expectation of success because modifying the interchangeable brush to have the components of Kung would achieve the predictable result of allowing for easier collection of hair once the grooming session has finished.
Regarding claim 12: the modified reference teaches the limitations of claim 11 as shown above, and Kung further teaches wherein the first combing piece includes a row of combing pieces (16) which are mounted on the first installation surface (14); the combing pieces are provided with comb teeth (16) arranged in a row; a cleaning piece (44) penetrates through the comb teeth, and a series of elongated through holes (46) are arranged on the cleaning piece; the through holes pass through the comb teeth, and the back of the cleaning piece is fixedly connected to the other end of the pushing piece (Fig. 2).
Regarding claim 13: the modified reference teaches the limitations of claim 12 as shown above, and Kung further teaches the elastic pushing member further includes an elastic member (76), the middle position of the connecting piece is provided with a connecting column which is cross-shaped (22), one end of the elastic member is connected to the connecting column, (Fig. 1) the middle position of the second mounting surface (142) is provided with a connecting end, and the other end of the elastic member is sleeved inside the connecting end (Fig. 1); the connecting through hole has two holes which are spaced apart on both sides of the connecting end, and the connecting through hole is connected with a through hole sleeve; the pushing piece is provided with two, and the other end of each pushing piece passes through the through hole sleeve and connects to the back of the cleaning piece (Fig. 1).
Regarding claim 14: the modified reference teaches the limitations of claim 11 as shown above, and Kung further teaches the connecting piece is provided with card holding buckles (64) at both ends, one end of the pushing piece (50/52) is provided with a connecting groove, and a connecting hole (68) is provided on the connecting groove, the card holding buckles are connected with the connecting hole (64 snaps through 68 to connect everything, Fig. 1).
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Mosby as applied to claim 10 above, and further in view of Porter (US 20090126648 A1).
Regarding claim 15: Mosby discloses the limitations of claim 10 as shown above.
Mosby fails to teach the second combing head mechanism includes a combing head mounting base, a combing piece is provided on the combing head mounting base, the combing piece is installed on the combing head mounting base through an installation connecting piece, the installation connecting piece includes an upper installation piece and a lower installation piece, a connecting space is formed between the upper installation piece and the lower installation piece, one end of the combing piece is fixedly connected to the upper installation piece, a part of the combing piece is embedded in the connecting space, another part of the combing piece protrudes outside the connecting space, the combing piece is provided with multiple comb teeth, and the multiple comb teeth are arranged in a staggered manner in a linear shape.
However, Porter teaches the second combing head mechanism includes a combing head mounting base (28), a combing piece (24) is provided on the combing head mounting base, the combing piece is installed on the combing head mounting base through an installation connecting piece, the installation connecting piece includes an upper installation piece (74) and a lower installation piece (26), a connecting space is formed between the upper installation piece and the lower installation piece, one end of the combing piece (24) is fixedly connected to the upper installation piece (via 76), a part of the combing piece is embedded in the connecting space, another part of the combing piece protrudes outside the connecting space (Fig. 3), the combing piece (24) is provided with multiple comb teeth (32), and the multiple comb teeth are arranged in a staggered manner in a linear shape (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the interchangeable comb as disclosed by Mosby with the comb components as taught by Porter with a reasonable expectation of success because providing the comb of Porter would allow for a greater amount of fur removal, as the user would have the capabilities of trimming the animal’s hair and quickly removing the fur on the comb.
Regarding claim 16: Mosby discloses the limitations of claim 10 as shown above.
Mosby fails to teach wherein the hair removal mechanism comprises a hair removal piece and a connecting elastic member; one end of the hair removal piece is provided with a power contact end, the middle position of the hair removal piece is provided with a connecting position, and one end of the connecting elastic member is connected to the connecting position; the other end of the hair removal piece is provided with a conical hair removal piece, and the hair removal piece is integrally formed with the hair removal piece and the power contact end.
However, Porter teaches wherein the hair removal mechanism (26) comprises a hair removal piece and a connecting elastic member (66); one end of the hair removal piece is provided with a power contact end (56), the middle position of the hair removal piece is provided with a connecting position (58), and one end of the connecting elastic member (66) is connected to the connecting position (56); the other end of the hair removal piece is provided with a conical hair removal piece (48), and the hair removal piece is integrally formed with the hair removal piece and the power contact end (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the comb as disclosed by Mosby with the hair removal as taught by Porter with a reasonable expectation of success because such modification would achieve the predictable result of having a cleaner environment during grooming sessions, as the user could quickly remove any excess amount of fur obtained.
Regarding claim 17: the modified reference teaches the limitations of claim 15 as shown above, and Porter further teaches wherein the lower mounting plate (26) is provided with an installation connecting groove (72), and the installation connecting groove is used for installing and connecting the middle body of the hair removal piece (via 76); the connecting groove is provided with an elastic member connecting end (Fig. 5), and the elastic member connecting end is used for connecting the other end of the connecting elastic member (Fig. 5); when the hair removal piece is installed on the connecting groove, in one state, a part of the hair removal piece is embedded in the connecting space, and in another state, the hair removal piece completely protrudes from the connecting space (Fig. 1).
Regarding claim 18: Mosby discloses the limitations of claim 10 as shown above.
Mosby fails to teach wherein the handle body is provided with a combing mechanism connecting position, the combing mechanism connecting position is provided with a combing mechanism connecting groove, and the combing mechanism connecting groove is provided with a connecting hole position; the upper end of the combing mechanism connecting groove is provided with a first connecting hole position, the middle part of the combing mechanism connecting groove is provided with a second connecting hole position, and the lower end of the combing mechanism connecting groove is provided with a third connecting hole position the second connecting hole position is a polygonal connecting hole position; the first combing mechanism is connected and held to the handle body through the connecting hole position, and the second combing mechanism is connected and held to the handle body through the connecting hole position.
However, Porter teaches wherein the handle body (22) is provided with a combing mechanism connecting position, the combing mechanism connecting position is provided with a combing mechanism connecting groove (80), and the combing mechanism connecting groove is provided with a connecting hole position (72); the upper end of the combing mechanism connecting groove is provided with a first connecting hole position, the middle part of the combing mechanism connecting groove is provided with a second connecting hole position (58), and the lower end of the combing mechanism connecting groove is provided with a third connecting hole (30) position the second connecting hole position is a polygonal connecting hole position; the first combing mechanism is connected and held to the handle body through the connecting hole position, and the second combing mechanism is connected and held to the handle body through the connecting hole position (Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the interchangeable brush as disclosed by Mosby with the connections as taught by Porter with a reasonable expectation of success because modifying the connection means would allow for quicker attachment and detachment of the brush heads, leading into the predictable result of decreasing the length of the grooming session.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Mosby as applied to claim 10 above, and further in view of Pan (US 20220386565 A1).
Regarding claim 19: Mosby discloses the limitations of claim 10 as shown above.
Mosby fails to teach the handle body comprises a handle mounting seat and a mounting seat cover; the main force driving member is installed inside the handle mounting seat, and the middle position of the main force driving member is provided with a connecting convex point; the main force driving member can be rotated and installed on the handle mounting seat through the connecting convex point; one end of the main force driving member is a pushing action end; when using the first combing mechanism shown, the pushing action end acts on the connecting piece of the first combing mechanism; when using the second combing mechanism shown, the pushing action end acts on the power contact end of one end of the hair removal piece; the other end of the main force driving member is provided with a circular pressing end, and the main force driving member is a lever-type main force driving member with a middle angle.
However, Pan teaches the handle body (20) comprises a handle mounting seat (k2) and a mounting seat cover (Fig. 5); the main force driving member (50) is installed inside the handle mounting seat, and the middle position of the main force driving member is provided with a connecting convex point (Fig. 1); the main force driving member can be rotated and installed on the handle mounting seat through the connecting convex point (para 7, button is connected via rotating member); one end of the main force driving member is a pushing action end; when using the first combing mechanism shown, the pushing action end acts on the connecting piece of the first combing mechanism; when using the second combing mechanism shown, the pushing action end acts on the power contact end of one end of the hair removal piece; the other end of the main force driving member is provided with a circular pressing end, and the main force driving member is a lever-type main force driving member with a middle angle (Fig. 1, these limitations are met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the interchangeable brush as disclosed by Mosby with the action lever as taught by Pan with a reasonable expectation of success because providing a button or lever would achieve the predictable result of allowing a user to actuate the brushes as desired, manipulating the components in the selected brushes in order to get a desired result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cited art not relied upon are within applicant’s related field of brushes and combs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDGAR REYES whose telephone number is (571)272-5318. The examiner can normally be reached M-Th 8-6 EST.
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, Joshua Huson can be reached at 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.R./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642