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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 March 2024, 27 July 2025 and 13 March 2026 were filed prior to the mailing date of this office correspondence. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/479,340 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. See the comparison chart below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-20 are provisionally rejected on the grounds of nonstatutory double patenting because, unless otherwise defined, “pre-programming the control circuit with the first pre-programmed threshold” as recited in claim 1 of the instant application would have been obvious for a person of ordinally sill in the art “a first pre-programed threshold stored by the control circuit” as claimed in claim 1 of the copending Application No. 18/479,340. Further, “pre-programming the control circuit” has been implied from the recited limitation “a first pre-programed threshold stored by the control circuit” as recited in the conflicting application. Furthermore, the recited limitations such as, “providing a body”, “connecting a power source”, “positioning a drive system”, “mounting...optical sensor” are manifested in the recited limitations such as “within the body”, “power source in electrical communication”, “drive system positioned within the body”, “one optical sensor mounted to the body” of the conflicting application.
Note: the limitations of both sets of claims are listed with the conflicting portions have been underlined.
18/479,424
18/479,340
1. A method for assembling a hair cutting appliance comprising:
providing a body having a consumer actuated power switch;
electrically connecting a power source within the body with the power switch;
positioning a drive system within the body in selective electrical communication with the power source;
electrically connecting at least one cutting unit including an external cutting member to the drive system;
mounting at least one optical sensor to the body such that the at least one optical sensor is positioned to sense a pre-defined skin-hair edge in an area in front of the external cutting member;
positioning a control circuit positioned within the body and electrically connecting the control circuit with the at least one optical sensor;
electrically connecting a first switching element with the control unit, the first switching element switchable by the control circuit between a conducting state to electrically connect the drive system and the power source and a non-conducting state to electrically isolate the drive system from the power source, wherein the first switching element is configured to be switched by the control circuit to the non-conducting state when a first sensed condition of the at least one optical sensor exceeds a first pre-programed threshold stored by the control circuit; and
pre-programming the control circuit with the first pre-programmed threshold including storing the pre-programmed threshold in the control circuit.
1. A hair cutting appliance comprising:
a body having a consumer actuated power switch;
a power source in electrical communication with the power switch;
a drive system positioned within the body in selective electrical communication with the power source;
at least one cutting unit coupled to the drive system and comprising an external cutting member;
at least one optical sensor mounted to the body and positioned to sense a pre-defined skin-hair edge in an area in front of the external cutting member;
a control circuit positioned within the body and in electrical communication with the at least one optical sensor; and
a switching element in electrical communication with the control circuit, the switching element switchable by the control circuit between a conducting state to electrically connect the drive system and the power source and a non-conducting state to electrically isolate the drive system from the power source, wherein the switching element is switched by the control circuit to the non-conducting state when a first sensed condition of the at least one optical sensor exceeds a first pre-programed threshold stored by the control circuit.
2. The method of claim 1 wherein the switching element is configured to be switched by the control unit to the conducting state when a second sensed condition of the at least one optical sensor is equal to or less than the first pre-programed threshold stored by the control circuit.
2. The hair cutting appliance of claim 1 wherein the switching element is switched by the control unit to the conducting state when a second sensed condition of the at least one optical sensor is equal to or less than the first pre-programed threshold stored by the control circuit.
3. The method of claim 1 further comprising mounting a light source to the body such that the light source projects a light signal at the area in front of the external cutting member.
3. The hair cutting appliance of claim 1 further comprising a light source mounted to the body, the light source projecting a light signal at the area in front of the external cutting member.
4. The method of claim 3 wherein a wavelength of the light source is in a range from about 400nm to about 1000 nm.
4. The hair cutting appliance of claim 3 wherein a wavelength of the light source is in a range from about 400nm to about 1000 nm.
5. The method of claim 1 further comprising providing a user interface on the body indicating a status of the switching element.
5. The hair cutting appliance of claim 1 further comprising a user interface on the body indicating a status of the switching element.
6. The method of claim 1 wherein the control circuit is configured to send a signal to a user interface on the body indicating a stroke speed.
6. The hair cutting appliance of claim 1 wherein the control circuit sends a signal to a user interface on the body indicating a stroke speed.
7. The method of claim 1 wherein the control circuit comprises a timer.
7. The hair cutting appliance of claim 1 wherein the control circuit comprises a timer.
8. The method of claim 1 wherein the first pre-programed threshold comprises one or more of hair length, hair density, hair color, individual hair thickness and hair straightness.
8. The hair cutting appliance of claim 1 wherein first pre-programed threshold comprises one or more of hair length, hair density, hair color, individual hair thickness and hair straightness.
9. The method of claim 1 wherein the first pre-programed threshold includes a hair length in a range from about 0.3 mm to about 3.5 mm.
9. The hair cutting appliance of claim 1 wherein the first pre-programed threshold includes a hair length in a range from about 0.3 mm to about 3.5 mm.
10. The method of claim 7, wherein the control circuit is configured to receive a signal from the timer indicating an elapsed time since a most recent use of the hair cutting appliance and wherein the control circuit is configured to switch the switching element to the conducting state when the elapsed time is less than a second pre-programmed threshold stored by the control circuit.
10. The hair cutting appliance of claim 7, wherein the control circuit is configured to receive a signal from the timer indicating an elapsed time since a most recent use of the hair cutting appliance and wherein the control circuit is configured to switch the switching element to the conducting state when the elapsed time is less than a second pre-programmed threshold stored by the control circuit.
11. The method of claim 1, wherein the consumer actuated power switch comprises one of a push button actuator, a motion sensor or a touch sensor.
11. The hair cutting appliance of claim 1, wherein the consumer actuated power switch comprises one of a push button actuator, a motion sensor or a touch sensor.
12. The method of claim 1, wherein the external cutting member comprises one of reciprocating blades, rotating blades or linear blades.
12. The hair cutting appliance of claim 1, wherein the external cutting member comprises one of reciprocating blades, rotating blades or linear blades.
13. The method of claim 1, wherein the control circuit is a microcontroller including a processor and a memory with the stored first pre-programmed threshold and wherein the method includes pre-programming the memory with a stored set of instructions such that when executed by the processor, causes the appliance to perform the following steps: receive, at the control circuit, first image data from the at least one optical sensor of a first area in front of the external cutting member; determine, with the control circuit, the first sensed condition including a value of a parameter of hair in the first area based on the first image data; determine, with the control circuit, that the first sensed condition including the value of the parameter of hair exceeds the first pre-programmed threshold stored in the memory; and transmit, with the control circuit, a first signal to the switching element to cause the switching element to switch to the non-conducting state.
13. The hair cutting appliance of claim 1, wherein the control circuit is a microcontroller including a processor and a memory with the stored first pre-programmed threshold and a stored set of instructions such that when executed by the processor, causes the appliance to perform the following steps: receive, at the control circuit, first image data from the at least one optical sensor of a first area in front of the external cutting member; determine, with the control circuit, the first sensed condition including a value of a parameter of hair in the first area based on the first image data; determine, with the control circuit, that the first sensed condition including the value of the parameter of hair exceeds the first pre-programmed threshold stored in the memory; and transmit, with the control circuit, a first signal to the switching element to cause the switching element to switch to the non-conducting state.
14. The method of claim 13, wherein the stored set of instructions are such that when executed by the processor, causes the appliance to further perform the following steps: receive, at the control circuit, second image data from the at least one optical sensor of a second area in front of the external cutting member; determine, with the control circuit, a second sensed condition including a value of a parameter of hair in the second area based on the second image data; determine, with the control circuit, that the second sensed condition including the value of the parameter is equal to or less than the first pre-programmed threshold stored in the memory; and transmit, with the control circuit, a second signal to the switching element to cause the switching element to switch to the conducting state.
14. The hair cutting appliance of claim 13, wherein the stored set of instructions are such that when executed by the processor, causes the appliance to further perform the following steps: receive, at the control circuit, second image data from the at least one optical sensor of a second area in front of the external cutting member; determine, with the control circuit, a second sensed condition including a value of a parameter of hair in the second area based on the second image data; determine, with the control circuit, that the second sensed condition including the value of the parameter is equal to or less than the first pre-programmed threshold stored in the memory; and transmit, with the control circuit, a second signal to the switching element to cause the switching element to switch to the conducting state.
15. The method of claim 7, further comprising providing a user interface on the body in communication with the control circuit and wherein upon the control circuit receiving a first signal from the timer indicating that an elapsed time since a most recent use of the hair cutting appliance, the control circuit is configured to transmit a second signal to the user interface to output on the user interface one or more of the elapsed time and a time frequency of use of the hair cutting appliance over a predetermined time period.
15. The hair cutting appliance of claim 7, further comprising a user interface on the body in communication with the control circuit and wherein upon the control circuit receiving a first signal from the timer indicating that an elapsed time since a most recent use of the hair cutting appliance, the control circuit is configured to transmit a second signal to the user interface to output on the user interface one or more of the elapsed time and a time frequency of use of the hair cutting appliance over a predetermined time period.
16. The method of claim 1, wherein the mounting the at least one optical sensor to the body comprises orienting an optical axis of the at least one optical sensor at an angle relative to a normal direction to a cutting plane defined by the at least one cutting unit.
16. The hair cutting appliance of claim 1, wherein the at least one optical sensor is mounted to the body such that an optical axis of the at least one optical sensor is oriented at an angle relative to a normal direction to a cutting plane defined by the at least one cutting unit.
17. The method of claim 16, wherein the angle is in a range between about 0 degrees and about 60 degrees.
17. The hair cutting appliance of claim 16, wherein the angle is in a range between about 0 degrees and about 60 degrees.
18. The method of claim 1, wherein the first pre-programmed threshold is based on an average growth rate of human hair and a predetermined amount of time.
18. The hair cutting appliance of claim 1, wherein the first pre-programmed threshold is based on an average growth rate of human hair and a predetermined amount of time.
19. A method for assembling a power transform module for use with a hair cutting appliance, the hair cutting appliance comprising a body having a consumer actuated power switch, a power source in electrical communication with the power switch, a drive system positioned within the body in selective electrical communication with the power source, at least one cutting unit coupled to the drive system and comprising an external cutting member, a control circuit positioned within the body, a switching element in electrical communication with the control circuit, the switching element switchable by the control circuit between a conducting state to electrically connect the drive system and the power source and a non-conducting state to electrically isolate the drive system from the power source, the method for assembling the power transform module comprising: providing at least one optical sensor within a housing; providing at least one optical source within the housing; wherein the housing of the power transform module is configured to be mounted to the body such that upon mounting the power transform module to the body; the at least one optical sensor and the at least one optical source are in communication with the power source; the at least one optical sensor is in electrical communication with the control circuit; the at least one optical source is configured to project an optical signal at an area in front of the external cutting member; the at least one optical sensor is configured to sense a pre-defined skin-hair edge in the area in front of the external cutting member; and wherein the switching element is configured to be switched by the control circuit to the non-conducting state when a first sensed condition of the at least one optical sensor exceeds a first-preprogrammed threshold stored by the control circuit.
19. A power transform module for use with a hair cutting appliance, the hair cutting appliance comprising a body having a consumer actuated power switch, a power source in electrical communication with the power switch, a drive system positioned within the body in selective electrical communication with the power source, at least one cutting unit coupled to the drive system and comprising an external cutting member, a control circuit positioned within the body, a switching element in electrical communication with the control circuit, the switching element switchable by the control circuit between a conducting state to electrically connect the drive system and the power source and a non-conducting state to electrically isolate the drive system from the power source, the power transform module comprising: at least one optical sensor; at least one optical source; wherein the power transform module is configured to be mounted to the body such that upon mounting the power transform module to the body; the at least one optical sensor and the at least one optical source are in communication with the power source; the at least one optical sensor is in electrical communication with the control circuit; the at least one optical source is configured to project an optical signal at an area in front of the external cutting member; the at least one optical sensor is configured to sense a pre-defined skin-hair edge in the area in front of the external cutting member; and wherein the switching element is configured to be switched by the control circuit to the non-conducting state when a first sensed condition of the at least one optical sensor exceeds a first-preprogrammed threshold stored by the control circuit.
20. The method of claim 19, wherein the providing the at least one optical sensor comprises orienting the at least one optical sensor within the housing such that upon mounting the housing of the power transform module to the body: an optical axis of the at least one optical sensor is oriented at an angle relative to a normal direction to a cutting plane defined by the at least one cutting unit; wherein the angle is in a range between about 0 degrees and about 60 degrees.
20. The power transform module of claim 19, wherein upon mounting the power transform module to the body: an optical axis of the at least one optical sensor is oriented at an angle relative to a normal direction to a cutting plane defined by the at least one cutting unit; wherein the angle is in a range between about 0 degrees and about 60 degrees.
Claim Objections
Claims 1-9, 11, 13-14, 17 and 19-20 are objected to because of the following informalities:
In claim 1, line 11: “positioning a control circuit positioned within the body” should read:
-- positioning a control circuit
In claims 1, 11 and 19: “consumer actuated power switch” should read:
-- consumer-actuated power switch --
In claims 1, 2, 8 and 9: “pre-programed” should read:
-- pre-programmed --
In claims 2 to 9, line 1: “The method of claim X” should read:
-- The method of claim X, --
In claim 4, line 2: “a range from about 400nm to about 1000 nm.” should read:
-- a range from 400 nm to 1000 nm. --
In claim 9, line 2: “range from about 0.3 mm to about 3.5 mm.” should read:
-- range from 0.3 mm to 3.5 mm. --
In claim 13, line 5: “first image data” should read -- a first image data --
In claim 14, line 3: “second image data” should read -- a second image data --
line 6: “parameter of hair” should read -- parameter of the hair --
line 8: “the parameter is equal to” should read -- the parameter of the hair is equal to --
In claim 17, lines 1-2: “a range between about 0 degrees and about 60 degrees.” should read:
-- a range between 0 degrees and 60 degrees. --
In claim 19, line 2: “the hair cutting appliance comprising” should read:
-- the hair cutting appliance comprising: --
In claim 20, line 6: “range between about 0 degrees and about 60 degrees.” should read:
-- range between 0 degrees and 60 degrees. --
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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) 1-2, 5-6, 8, 11-12 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Le (US 20220009112) in view of Janssen (US 20180370050).
Regarding claim 1, Le teaches, a method for assembling a hair cutting appliance (hair cutting device 100, Figs. 1 to 8) comprising:
providing a body (case 105, see annotated Fig. 6A below) having a consumer actuated power switch (buttons 194, Fig. 6A, buttons 194 may receive input from a user; buttons 194 may include electric input buttons, para. [0038, 0039]);
electrically connecting a power source (battery 135) within the body with the power switch (battery 135 may be configured to power the hair cutting device 100, buttons 194 may include electric input buttons, para. [0034,0039]);
[AltContent: textbox (control circuit)][AltContent: ][AltContent: arrow][AltContent: textbox (body)][AltContent: textbox (cutting unit)][AltContent: textbox (drive system)][AltContent: textbox (power source)][AltContent: textbox (body)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (power switch)][AltContent: arrow]
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Annotated Fig. 6A, Le.
positioning a drive system (motor 152) within the body in selective electrical communication with the power source (blade motor 152 may include an electric motor, para. [0039]);
electrically connecting at least one cutting unit (blade 140) including an external cutting member to the drive system (blade motor 152 may be mechanically arranged to move the blade 140 in an oscillating motion, para. [0034]);
mounting at least one optical sensor (optical/visual sensors 192, Fig. 3) to the body such that the at least one optical sensor is positioned to sense a pre-defined skin-hair edge in an area in front of the external cutting member (optical sensors 192 may be used by the controller 130 to detect a hairline of the head and the relative position of the hair cutting device 100 on the head based on the detected hairline, para. [0051]);
positioning a control circuit (controller 130) positioned within the body (see Fig. 6A) and electrically connecting the control circuit with the at least one optical sensor (optical sensors 192 may be used by the controller 130 to detect where hair has already been cut to determine the relative position of the hair cutting device 100, para. [0051]);
electrically connecting a first switching element with the control unit, the first switching element switchable by the control circuit between a conducting state to electrically connect the drive system and the power source and a non-conducting state to electrically isolate the drive system from the power source (controller 130 may be configured to control the hair cutting device 100 and the other component parts of the hair cutting device 100. The blade motor 152 may be mechanically arranged to move the blade 140 in an oscillating motion across the guard comb 162. The adjust motor 154, is mechanically arranged to adjust the relative positioning of the guard comb 162 and the blade 140 and thus the length of hair being cut, para. [0034], optical sensors 192 may be used by the controller 130 to detect where hair has already been cut to determine the relative position of the hair cutting device 100, para. [0051]); and
pre-programming the control circuit with the first pre-programmed threshold including storing the pre-programmed threshold in the control circuit (data from the sensor 192 may be used by the controller 130 to determine a location and orientation of the device on the user's head, and based on the determined location, orientation, and a selected hair cutting pattern or style, control the movement of the actuators 158 to set the length that the hair on the head will be cut, para. [0040], hair cutting device 100 may automatically turn on the blade motor 152 when the controller 130 using the sensors 190 determines that the hair cutting device 100 is in the proper position to cut the hair according to the pattern, para. [0054]).
Le does not teach, the first switching element is configured to be switched by the control circuit to the non-conducting state when a first sensed condition of the at least one optical sensor exceeds a first pre-programed threshold stored by the control circuit. However, Janssen teaches, a hair cutting appliance 20 in Fig. 1, including a body, a control circuit 70, and optical sensors, in which,
the first switching element is configured to be switched by the control circuit to the non-conducting state when a first sensed condition of the at least one optical sensor exceeds a first pre-programed threshold stored by the control circuit (condition parameter or quality parameter may involve…, particularly a hair length change, para. [0041]; a control loop section 74 is provided at the computing device 40. The control loop section 74 is arranged to process and assess a quality parameter and to induce corrective user feedback in case a significant deviation of the quality parameter has been detected, para. [0108]; whether the quality parameter is within/below a defined limit/threshold, or exceeds the limit. In the latter case, a step S56 follows which includes user feedback so as to prompt the user to perform a certain corrective action, para. [0126]).
From the teaching of Le in para. [0034, 0051], the controller 130 configured to control the hair cutting blade, and adjust motor 154 is mechanically arranged to adjust the relative positioning of the guard comb 162 and the blade 140 and thus the length of hair being cut, and the optical sensors used by the controller 130 to detect a hairline of the head and the relative position of the hair cutting device 100 on the head based on the detected hairline, one of ordinary skill in the art would have known that the controller 130 controls the drive system 152 and 154 based on the measured values from the optical sensors 192. Therefore, in view of the teachings of Janssen, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to include switching to a non-conducting state when the measured hair length exceeds the pre-programmed threshold value as Janssen taught in para. [0126] so that it enables achieving further refinement while cutting the hair. Moreover, there is no indication in the instant invention that any surprising results were derived, or that any special steps were devised in pre-programming a first pre-programmed threshold; or sensing a first sensed condition. Such a combination would have been done by one of ordinary skill in the art without any need for experimentation and with reasonable expectations of success.
Note: the recited limitation “conducting state” or “non-conducting state” does not contribute over the prior art Le because, unless otherwise defined, one of ordinary skill in the art would have known that electrically connecting or electrically disconnecting the cutting unit and/or the drive system from a power source would enable the drive system in a conducting state or a non-conducting state.
Regarding claim 2, Le in view of Jenssen teaches the recited limitations with respect to claim 1. Le further teaches, the method of claim 1 wherein the switching element is configured to be switched by the control unit to the conducting state when a second sensed condition of the at least one optical sensor is equal to or less than the first pre-programed threshold stored by the control circuit (whether the quality parameter is within/below a defined limit/threshold, or exceeds the limit. In the latter case, a step S56 follows which includes user feedback so as to prompt the user to perform a certain corrective action, para. [0126], in which it is obvious that, the optical sensor senses a second condition).
Regarding claim 5, Le in view of Jenssen teaches the recited limitations with respect to claim 1. Le further teaches, the method of claim 1 further comprising providing a user interface on the body indicating a status of the switching element (a pressure sensor (not shown) may be used to ensure that the contact is maintained while the hair is being cut, para. [0057]).
Regarding claim 6, Le in view of Jenssen teaches the recited limitations with respect to claim 1. Jenssen further teaches, the method of claim 1 wherein the control circuit is configured to send a signal to a user interface on the body indicating a stroke speed (provide haptic feedback...haptic feedback may involve force feedback generated by a vibration source, para. [0064-0066], user feedback 50 may involve an indication of a proposed movement speed of the device 20, para. [0102]). Therefore, in view of the teachings of Janssen, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to include a user interface as Janssen taught in para. [0064] so that it enables a user in correcting any detected deviation as Jenssen disclosed in para. [0068].
Regarding claim 8, Le in view of Jenssen teaches the recited limitations with respect to claim 1. Le further teaches, the method of claim 1 wherein the first pre-programed threshold comprises one or more of hair length, hair density, hair color, individual hair thickness and hair straightness (data from the sensor 192 may be used by the controller 130 to determine a location and orientation of the device on the user's head, and…control the movement of the actuators 158 to set the length that the hair on the head will be cut, para. [0040]).
Regarding claim 11, Le in view of Jenssen teaches the recited limitations with respect to claim 1. Le further teaches, the method of claim 1, wherein the consumer actuated power switch comprises one of a push button actuator, a motion sensor or a touch sensor (buttons 194, Fig. 6A).
Regarding claim 12, Le in view of Jenssen teaches the recited limitations with respect to claim 1. Le further teaches, the method of claim 1, wherein the external cutting member comprises one of reciprocating blades, rotating blades or linear blades (blade 142, Fig. 5).
Regarding claim 16, Le in view of Jenssen teaches the recited limitations with respect to claim 1. Le further teaches, the method of claim 1, wherein the mounting the at least one optical sensor to the body comprises orienting an optical axis of the at least one optical sensor at an angle relative to a normal direction to a cutting plane defined by the at least one cutting unit (see the optical sensors 192 in Fig. 3, optical sensors 192 may be placed in several locations around the case 105 such that the optical sensors 192 can sense in most or all directions around the guard 160, para. [0031]).
Regarding claim 17, Le in view of Jenssen teaches the recited limitations with respect to claim 16. Le further teaches, the method of claim 16, wherein the angle is in a range between about 0 degrees and about 60 degrees (see para. [0031], unless otherwise defined, placing the optical sensor at an angle is a design choice).
Claim(s) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Le in view of Janssen as applied to claim 1 above, and further in view of Rothschild (US 20140137883).
Regarding claims 3-4 modified Le does not teach, a light source to the body such that the light source projects a light signal at the area in front of the external cutting member. However, Rothschild teaches, a hair cutting appliance 110 in Fig. 1, including cutting member 115, optical sensors 135, in which,
3. The method of claim 1 further comprising mounting a light source to the body such that the light source projects a light signal at the area in front of the external cutting member (a light source (not shown), such as a light emitting diode, a liquid crystal display (LCD), a lamp, or other suitable source of light can be coupled to the razor 110 to illuminate areas of the skin 125 for which one or more images 160 is captured, para. [0015]).
4. The method of claim 3 wherein a wavelength of the light source is in a range from about 400 nm to about 1000 nm (a lamp, or other suitable source of light, in which it is obvious that the visible light wavelength ranges from 380 nm to 700 nm).
Therefore, in view of the teachings of Rothschild, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to include a light source as Rothschild taught in Fig. 1 so that it enables illuminating the areas of the skin while sensing the skin-hair edge as Rothschild disclosed in para. [0015].
Claim(s) 7, 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Le in view of Janssen as applied to claim 1 above, and further in view of Goldfarb (US 20180354147).
Regarding claim 7, modified Le does not teach, a timer. However, Goldfarb teaches a hair cutting appliance including a body, connecting a power source 112 to a power switch, electrically connecting to a cutting unit 150 including a drive system, in which, the method of claim 1 wherein the control circuit comprises a timer (a timer, para. [0042]). Therefore, in view of the teachings of Goldfarb, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to include a timer as Goldfarb taught in para. [0042] so that it enables measuring the contact time between the cutting unit and the skin and to determine the too short or too long durations as Goldfarb disclosed in para. [0091].
Regarding claims 10 and 15, modified Le does not teach, an elapsed time. However, Goldfarb further teaches,
10. The method of claim 7, wherein the control circuit is configured to receive a signal from the timer indicating an elapsed time (microcontroller 160 is configured to adaptively adjust (e.g., using heuristic learning) the contact duration threshold to calculate a more accurate metric for the total accumulated time, para. [0092]) since a most recent use of the hair cutting appliance and wherein the control circuit is configured to switch the switching element to the conducting state when the elapsed time is less than a second pre-programmed threshold stored by the control circuit.
15. The method of claim 7, further comprising providing a user interface on the body in communication with the control circuit and wherein upon the control circuit receiving a first signal from the timer indicating that an elapsed time (microcontroller 160 is configured to adaptively adjust (e.g., using heuristic learning) the contact duration threshold to calculate a more accurate metric for the total accumulated time, para. [0092]) since a most recent use of the hair cutting appliance, the control circuit is configured to transmit a second signal to the user interface to output on the user interface one or more of the elapsed time and a time frequency of use of the hair cutting appliance over a predetermined time period (adaptive learning (e.g., heuristic learning) facilitates a more accurate estimate for predicting the blade attrition, para. [0092]).
Goldfarb teaches in para. [0092], calculating a total accumulated time for predicting the blade attrition, which is an elapsed time. Therefore, in view of the teachings of Goldfarb, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to include a timer as Goldfarb taught in para. [0042] that calculates the total accumulated time so that it enables measuring the contact time between the cutting unit and the skin and to determine the cutting member attrition as Goldfarb disclosed in para. [0092].
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Le in view of Janssen as applied to claim 1 above, and further in view of Lauritsen (US 20160263754).
Regarding claim 9, modified Le does not teach, pre-programed threshold includes a hair length in a range from about 0.3 mm to about 3.5 mm. However, Lauritsen teaches, a hair cutting appliance 2 in Fig. 1, including a body 24, connecting a power source to a consumer activated power switch, in which, the method of claim 1 wherein the first pre-programed threshold includes a hair length in a range from about 0.3 mm to about 3.5 mm (hair length between zero mm and a maximum length determined, para. [0054]). Therefore, in view of the teachings of Lauritsen, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to include a threshold hair length between 0.3 mm t0 3.5 mm as Lauritsen taught in para. [0054] so that it enables optimizing the cutting precision of the length.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Le in view of Janssen as applied to claim 1 above, and further in view of Kasprzak (US 20200202565).
Regarding claim 18, modified Le does not teach, first pre-programmed threshold is based on an average growth rate of human hair. However, Kasprzak teaches, a method of assessing hair condition for a hair cutting appliance in which, method of claim 1, wherein the first pre-programmed threshold is based on an average growth rate of human hair (a growth rate can be estimated, para. [0170]) and a predetermined amount of time. Therefore, in view of the teachings of Kasprzak, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to estimate an average hair growth rate as Kasprzak taught in para. [0170] so that it enables incorporating the hair growth rate and optimizing the hair cutting precision.
Claim(s) 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Le in view of Janssen, and further in view of Son (KR 20230081037).
Regarding claim 19, Le teaches, a method for assembling a hair cutting appliance, the hair cutting appliance comprising a body (case 105, see annotated Fig. 6A) having a consumer actuated power switch (buttons 194, Fig. 6A, buttons 194 may receive input from a user; buttons 194 may include electric input buttons, para. [0038, 0039]), a power source (battery 135) in electrical communication with the power switch (battery 135 may be configured to power the hair cutting device 100, para. [0034]), a drive system (motor 152) positioned within the body in selective electrical communication with the power source (blade motor 152 may include an electric motor, para. [0039]), at least one cutting unit (blade 140) coupled to the drive system and comprising an external cutting member (blade motor 152 may be mechanically arranged to move the blade 140 in an oscillating motion, para. [0034]), a control circuit (controller 130) positioned within the body, a switching element in electrical communication with the control circuit, the switching element switchable by the control circuit between a conducting state to electrically connect the drive system and the power source and a non-conducting state to electrically isolate the drive system from the power source (see Fig. 2, controller 130 may be electronically connected to the transceiver 110, the motors and actuators 150, and the sensors 190 and be configured to control the transceiver 110, the motors and actuators 150, and the sensors 190, para. [0030]), the method for assembling the power transform module comprising:
providing at least one optical sensor within a housing (optical sensors 192, Fig. 3);
the at least one optical sensor is in electrical communication with the control circuit (sensors 192 similar to those shown in FIG. 3 may be used in combination with the controller 130 to sense a location of the device 100 on the human head, para. [0040]);
the at least one optical sensor is configured to sense a pre-defined skin-hair edge in the area in front of the external cutting member (data from the sensor 192 may be used by the controller 130 to determine a location and orientation of the device on the user's head, and based on the determined location, orientation, and a selected hair cutting pattern or style, control the movement of the actuators 158 to set the length, para. [0040]).
Le does not teach, a power transform module; or the first switching element is configured to be switched by the control circuit to the non-conducting state when a first sensed condition of the at least one optical sensor exceeds a first pre-programed threshold stored by the control circuit. However, Janssen teaches, a hair cutting appliance 20 in Fig. 1, including a body, a control circuit 70, and optical sensors, in which,
the first switching element is configured to be switched by the control circuit to the non-conducting state when a first sensed condition of the at least one optical sensor exceeds a first pre-programed threshold stored by the control circuit (condition parameter or quality parameter may involve…, particularly a hair length change, para. [0041]; a control loop section 74 is provided at the computing device 40. The control loop section 74 is arranged to process and assess a quality parameter and to induce corrective user feedback in case a significant deviation of the quality parameter has been detected, para. [0108]; whether the quality parameter is within/below a defined limit/threshold, or exceeds the limit. In the latter case, a step S56 follows which includes user feedback so as to prompt the user to perform a certain corrective action, para. [0126]). Therefore, in view of the teachings of Janssen, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to include switching to a non-conducting state when the measured hair length exceeds the pre-programmed threshold value as Janssen taught in para. [0126] so that it enables achieving further refinement while cutting hair.
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Annotated Fig. 1, Son.
Modified Le does not teach, a power transform module; or the optical source is configured to project an optical signal at an area in front of the external cutting member. However, Son teaches a hair cutting appliance including a body, optical sensor 26, and a control unit, in which,
providing at least one optical source (light emitting unit 26, see annotated Fig. 1, Son) within the housing; wherein the housing of the power transform module (power control unit 25, Fig. 3) is configured to be mounted to the body such that upon mounting the power transform module to the body; the at least one optical sensor (light receiving unit 27) and the at least one optical source (light emitting unit 26) are in communication with the power source (the battery (24) provides power to the control unit (25), light-emitting unit (26), light receiving unit (27), calculation unit (28), communication unit (29) and output unit (30), para. [0043]); the at least one optical source is configured to project an optical signal at an area in front of the external cutting member (see L1 and L2 in Fig. 1);
Therefore, in view of the teachings of Son, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the method of assembling of the hair cutting appliance of Le and to include a power transform module, and an optical light source as Son taught in Fig. 1 so that it enables calculating the information related to the distance of the cutting member.
Regarding claim 20, Le in view of Jenssen and Son teaches the recited limitations with respect to claim 19. Le further teaches, the method of claim 19, wherein the providing the at least one optical sensor (optical sensors 192, Fig. 3) comprises orienting the at least one optical sensor within the housing such that upon mounting the housing of the power transform module to the body:
an optical axis (see Fig. 3) of the at least one optical sensor is oriented at an angle relative to a normal direction to a cutting plane defined by the at least one cutting unit (see the optical sensors 192 in Fig. 3, optical sensors 192 may be placed in several locations around the case 105 such that the optical sensors 192 can sense in most or all directions around the guard 160, para. [0031]);
wherein the angle is in a range between about 0 degrees and about 60 degrees (see para. [0031], unless otherwise defined, placing the optical sensor at an angle is a design choice).
Allowable Subject Matter
Claim 13 is 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 and to overcome the Double Patenting rejections, set forth in this Office action. Claim 14 would be allowable by virtue of its dependency.
The following is an examiner’s statement of reasons for indicating allowable subject matter:
Claim 13 would be allowable for disclosing a method for assembling a hair cutting appliance, wherein the control circuit is a microcontroller including a processor and a memory with the stored first pre-programmed threshold and wherein the method includes pre-programming the memory with a stored set of instructions such that when executed by the processor, causes the appliance to perform the following steps: receive, at the control circuit, first image data from the at least one optical sensor of a first area in front of the external cutting member; determine, with the control circuit, the first sensed condition including a value of a parameter of hair in the first area based on the first image data; determine, with the control circuit, that the first sensed condition including the value of the parameter of hair exceeds the first pre-programmed threshold stored in the memory; and transmit, with the control circuit, a first signal to the switching element to cause the switching element to switch to the non-conducting state.
Though, prior art of record Le teaches a method for assembling a hair cutting appliance including a microcontroller including a processor and a memory with the stored first pre-programmed threshold, Le fails to teach, the method includes pre-programming the memory with a stored set of instructions such that when executed by the processor, causes the appliance to perform the following steps: receive, at the control circuit, first image data from the at least one optical sensor of a first area in front of the external cutting member; determine, with the control circuit, the first sensed condition including a value of a parameter of hair in the first area based on the first image data; determine, with the control circuit, that the first sensed condition including the value of the parameter of hair exceeds the first pre-programmed threshold stored in the memory; and transmit, with the control circuit, a first signal to the switching element to cause the switching element to switch to the non-conducting state.
Though, prior art Rothschild and Kasprzak teach, capturing one or more images of the skin, Rothschild does not teach, determine, with the control circuit, the first sensed condition including a value of a parameter of hair in the first area based on the first image data; determine, with the control circuit, that the first sensed condition including the value of the parameter of hair exceeds the first pre-programmed threshold stored in the memory; and transmit, with the control circuit, a first signal to the switching element to cause the switching element to switch to the non-conducting state.
Prior art of record Jenssen or Goldfarb or Son does not teach, determine, with the control circuit, the first sensed condition including a value of a parameter of hair in the first area based on the first image data; determine, with the control circuit, that the first sensed condition including the value of the parameter of hair exceeds the first pre-programmed threshold stored in the memory; and transmit, with the control circuit, a first signal to the switching element to cause the switching element to switch to the non-conducting state.
Therefore, claim 13 would be allowable. Claim 14 would be allowable by virtue of its dependency.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Prior art Kasugai (US 20220387104) teaches a hair cutting appliance including optical sensor positioned to sense a pre-defined skin-hair.
Prior art Amavasai (US 20190224866) teaches a method for assembling a hair cutting appliance including a body, a power source, a drive system and optical sensor to the body.
Prior art Fuellgrabe (US 20190299436) teaches a method for assembling a hair cutting appliance including optical sensors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE K. ABRAHAM whose telephone number is (571)270-1087. The examiner can normally be reached Monday-Friday 8:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, THOMAS J. HONG can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSE K ABRAHAM/Examiner, Art Unit 3729
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