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
Claims 3 (line 2), 7 (line 3), 11 (line 2), 15 (line 3) and 19 (line 3) are objected to because of the following informalities: “the” is missing before indentation. In claim 13 “portions” is recited in plural form and should be singular (i.e. portion) in accordance with claim 12 from which claim 13 depends. Appropriate correction is required.
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.
Claims 1-3, 6-8 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richardson (US 20200015564).
Regarding claims 1 and 17, Richardson discloses a hair coloring brush and system (Refer to Figures 5-8 and 10) comprising: a central base portion (104,154); a pick handle (102,152) extending from the central base portion; and bristles (106,156) extending out from the central base, where the bristles include a first set of bristles (see annotated Figure 5 below) having a first length; a second set of bristles (see annotated Figure 5 below) extending out from the central base portion having a second length with the first length being greater than the second length, and a third set of bristles (see annotated Figure 5 below) extending out from the central base portion having a third length with the third length being greater than the second length and the first, second and third sets of bristles being positioned in an alternating pattern (Refer to Figures 5-8 and annotated Figure 5 below) and a bowl (250, Refer to Figure 10) for holding a quantity of dye and having a basin (252) for receiving the bristles.
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Regarding claims 2 and 18, Richardson further discloses wherein the central base portion further comprises a front side (168) having an indentation (170) formed therein (Refer to Figure 7 and paragraph 0034).
Regarding claim 3, Richardson further discloses the indentation (Figure 7 provides an indentation per paragraph 0034) comprises a curved bottom end (174) and a straight upper end (172) with indentation providing an area for grasping the brush in a comfortable manner by an operator or user of the brush, the curved bottom end for providing a surface against which fingers of an operator may be positioned for more control of the brush.
Regarding claims 6, Richardson further discloses the central base portion further comprises a rear side (188, Refer to Figure 8).
Regarding claims 7 and 19, Richardson further discloses wherein the central base portion further comprises a left side set of the first set of bristles extending out from the central base (Refer to annotated Figure 5 above).
Regarding claims 8 and 20, Richardson further discloses wherein the central base portion further comprises a right side set of the first set of bristles extending out from the central base (Refer to annotated Figure 5 above).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4, 9-12 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Richardson (US 20200015564).
Regarding claim 4, Richardson discloses the hair coloring brush of claim 1, Richardson further discloses wherein the central base portion further comprises a straight end (112,162), a left side portion (122,120 of Figure 5 and 182,180 of Figure 7), a right side portion (124,126 of Figure 5 and 184,186 of Figure 7) and an extension portion (proximal portion of 116,166, adjacent central base portion); however, the embodiment with the straight end does not have curved left and right side portions, instead, the left and right side portions are straight. Richardson demonstrates the left and right sides of the base can be formed as straight segments (126,128,122,120 of Figures 5-6 and 182,180,184,186 of Figures 7-8) or the left and right sides may be curved (Refer to Figures 11-12); thus, demonstrating these configurations are functional equivalent obvious variants. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair coloring brush of the embodiment of Figure 5-8 of Richardson to have curved right and left side portions as Richardson demonstrates curved and straight side portions are functional equivalents and obvious variants.
Regarding claim 9, Richardson discloses a hair coloring brush (Refer to Figures 5-8) comprising: a central base portion (104,154); a pick handle (102,152) extending from the central base portion; and bristles (106,156) extending out from the central base, where the bristles include a first set of bristles (see annotated Figure 5 below) having a first length; a second set of bristles (see annotated Figure 5 below) extending out from the central base portion having a second length with the first length being greater than the second length, and a third set of bristles (see annotated Figure 5 below) extending out from the central base portion having a third length with the third length being greater than the second length and the first, second and third sets of bristles being positioned in an alternating pattern (Refer to Figures 5-8 and annotated Figure 5 below) and a bowl (250, Refer to Figure 10) for holding a quantity of dye and having a basin (252) for receiving the bristles.
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Richardson fails to disclose a second row of the alternating first set and second set of bristles. It is well-known and conventional in the art for such hair dyeing brushes to include one, two or more rows of bristles, where each row has the same bristle arrangement/configuration. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brush of Richardson to include a second row of bristles having the same configuration as the first row (alternating pattern), as such a two row configuration is well-known and conventional in the art and such a modification would involve a mere duplication of the essential working parts where it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (Refer to MPEP 2144.04 VI. B).
Regarding claim 10, Richardson further discloses wherein the central base portion further comprises a front side (168) having an indentation (170) formed therein (Refer to paragraph 0034).
Regarding claim 11, Richardson discloses the indentation (Refer to Figure 7 and paragraph 0034) comprises a curved bottom end (174) and a straight upper end (172) with indentation providing an area for grasping the brush in a comfortable manner by an operator or user of the brush, the curved bottom end for providing a surface against which fingers of an operator may be positioned for more control of the brush.
Regarding claim 12, Richardson discloses the hair coloring brush of claim 1, Richardson further discloses wherein the central base portion further comprises a straight end (112,162), a left side portion (122,120 of Figure 5 and 182,180 of Figure 7), a right side portion (124,126 of Figure 5 and 184,186 of Figure 7) and an extension portion (proximal portion of 116,166, adjacent central base portion); however, the embodiment with the straight end does not have curved left and right side portions, instead, the left and right side portions are straight. Richardson demonstrates the left and right sides of the base can be formed as straight segments (126,128,122,120 of Figures 5-6 and 182,180,184,186 of Figures 7-8) or the left and right sides may be curved (Refer to Figures 11-12); thus, demonstrating these configurations are functional equivalent obvious variants. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair coloring brush of the embodiment of Figure 5-8 of Richardson to have curved right and left side portions as Richardson demonstrates curved and straight side portions are functional equivalents and obvious variants.
Regarding claims 14, Richardson discloses the central base portion further comprises a rear side (128,188).
Regarding claim 15, Richardson discloses the central base portion further comprises a left side set of the first set of bristles extending out from the central base (Refer to annotated Figure 5 above).
Regarding claim 16, Richardson discloses the central base portion further comprises a right side set of the first set of bristles extending out from the central base (Refer to annotated Figure 5 above).
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Richardson and McNamara (US 20060231115)
Regarding claims 5 and 13, Richardson discloses the hair coloring brush of claims 4 and 12 above; however, Richardson does not disclose the extension portion has a number of ribs for gripping the brush. McNamara discloses a similar hair coloring brush where bristles (22) extends from a distal side of a central base portion (12,14,18) and an extension (15) extends from a proximal side of the central base portion and a pick (16) extends from the extension portion (Refer to Figures 1-2). McNamara explains that the extension portion is provided with a number or ridges/ribs (17) so as to “provide additional gripping surfaces for the user to contact when gripping” (Refer to paragraph 0033) which facilitates use and makes gripping more comfortable for the user. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair coloring brush of Richardson, such that the extension provide a plurality of ribs as taught by McNamara in order to enhance gripping of the brush while also facilitating use via a more comfortable gripping arrangement.
Claims 1-8 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cardenas (US 20110083699) and Masuyama (WO 2012164734A1).
Regarding claim 1, Cardenas disclose a hair coloring brush (brush 250 of Figure 2 with overlay on head and handle per Figures 3 and 4, Refer to paragraphs 0016-0017 and 0024) comprising: a central base portion(315,336,338,340); a pick handle (350 and unlabeled tapering portion extending from 350 opposite 342,336,338) extending from the central base portion; a first set of bristles (long bristles of 250, Refer to Figure 2) extending out from the central base portion having a first length; and a second set of bristles (short bristles of 250, Refer to Figure 2) extending out from the central base portion having a second length with the first length greater than the second length and the first and second sets are positioned in an alternating pattern (Refer to Figure 2); however, Cardenas et al. do not provide a third set of bristles extending out from the central base portion having a third length with the third length being greater than the second length, where the first, second and third sets of bristles are positioned in alternating pattern. Masuyama discloses a similar hair coloring brush where different embodiments provide different alternating bristle configurations (Refer to Figures 1-27). For example, one embodiment (Refer to Figures 1-5, 6D, 6E, 7-24) provides a set of first/long bristles (11) alternating with a set of second/short bristles (12) where the bristles are arranged in rows extending from a base, where this configuration is the same or similar to that provided by Cardenas et al. Another embodiment (Refer to Figures 6A and 6B) of Masuyama provides the first/long (11) and second/short (12) sets of bristles as well as a third set of bristles (12A) extending from the base, where the third set of bristles has a third length greater than the second length of the second bristles and where the first, second and third sets of bristles are in an alternating pattern. Masuyama explains that this alternating configuration of bristles of different lengths allows for application of different amounts of liquid/hair-coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair coloring brush of Cardenas et al. to provide a third set of bristles extending from the base having a third length greater than the second length, where the first, second and third sets of bristles are arranged in an alternating pattern as taught by Masuyama, since Masuyama demonstrates this three bristle sets configuration is a well-known obvious variant which is equivalent or interchangeable with the two bristle sets configuration.
Regarding claim 2, the combination of Cardenas et al. and Masuyama disclose the brush of claim 1 above, Cardenas et al. further disclose the central base portion further comprises a front side (side of 336,338 shown in Figures 3 and 4) having an indentation (indentation for receiving finger(s) at 336,338, best shown in Figure 4) formed therein.
Regarding claim 3, the combination of Cardenas et al. and Masuyama disclose the brush of claim 2 above, Cardenas et al. further disclose the indentation comprises a curved bottom end (best shown in Figure 4, bottom end of indentation at 338 near 342,344 is curved) and a straight upper end (straight end of indentation near bristles and opposite 342) with indentation providing an area for grasping the brush in a comfortable manner by an operator or user of the brush, the curved bottom end for providing a surface against which fingers of an operator may be positioned for more control of the brush (Refer to paragraph 0026).
Regarding claim 4, the combination of Cardenas et al. and Masuyama disclose the brush of claim 1 above, Cardenas et al. further disclose the central base portion further comprises a left side curved portion (curved portion of 344 on left side, best shown in Figures 3 and 4), a straight end (straight end near bristles), a right side curved portion (curved portion of 344 on right side, best shown in Figures 3 and 4), and an extension portion (340).
Regarding claim 5, the combination of Cardenas et al. and Masuyama disclose the brush of claim 4 above, Cardenas et al. further disclose the extension portion has a number of ribs (ribs/dimples, shown as horizontally-extending/hemispherical curves/lines in Figure 4, Refer to paragraphs 0009, 0012, 0026) for gripping the brush.
Regarding claim 6, the combination of Cardenas et al. and Masuyama disclose the brush of claim 1 above, Cardenas et al. further disclose the central base portion further comprises a rear side (back side not shown, Refer to paragraphs 0024 and 0025).
Regarding claim 7, the combination of Cardenas et al. and Masuyama disclose the brush of claim 1 above, Cardenas et al. further disclose a left side set (left-most bristle group/tuft, Refer to Figure 2) of the first set of bristles extending out from the central base portion.
Regarding claim 8, the combination of Cardenas et al. and Masuyama disclose the brush of claim 1 above, Cardenas et al. further disclose a right side set (right-most bristle group/tuft, Refer to Figure 2) of the first set of bristles extending out from the central base portion.
Regarding claim 17, Cardenas et al. disclose a hair coloring brush system (brushes of Figure 2 with overlay on head and handle per Figures 3 and 4, Refer to paragraphs 0016-0017 and 0024) comprising: a central base portion (315,336,338,340); a pick handle (350 and unlabeled tapering portion extending from 350 opposite 342,336,338) extending from the central base portion; a first set of bristles (long bristles of 250, Refer to Figure 2) extending out from the central base portion having a first length; a second set of bristles (short bristles of 250, Refer to Figure 2) extending out from the central base portion having a second length with the first length being greater than the second length and the first set of bristles alternating with the second set of bristles (Refer to Figure 2) and a bowl (not shown in Figures, the brush is dipped/inserted into a bowl(s), Refer to paragraphs 0016, 0023 and 0028) for holding a quantity of dye and having a basin (well/holding portion of bowl into which the bristles are dipped/inserted during use) for receiving the bristles; however, Cardenas et al. do not provide a third set of bristles extending out from the central base portion having a third length with the third length being greater than the second length, where the first, second and third sets of bristles are positioned in alternating pattern.
Masuyama discloses a similar hair coloring brush where different embodiments provide different alternating bristle configurations (Refer to Figures 1-27). For example, one embodiment (Refer to Figures 1-5, 6D, 6E, 7-24) provides a set of first/long bristles (11) alternating with a set of second/short bristles (12) where the bristles are arranged in rows extending from a base, where this configuration is the same or similar to that provided by Cardenas et al. Another embodiment (Refer to Figures 6A and 6B) of Masuyama provides the first/long (11) and second/short (12) sets of bristles as well as a third set of bristles (12A) extending from the base, where the third set of bristles has a third length greater than the second length of the second bristles and where the first, second and third sets of bristles are in an alternating pattern. Masuyama explains that this alternating configuration of bristles of different lengths allows for application of different amounts of liquid/hair-coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair coloring brush of Cardenas et al. to provide a third set of bristles extending from the base having a third length greater than the second length, where the first, second and third sets of bristles are arranged in an alternating pattern as taught by Masuyama, since Masuyama demonstrates this three bristle sets configuration is a well-known obvious variant which is equivalent or interchangeable with the two bristle sets configuration.
Regarding claim 18, the combination of Cardenas et al. and Masuyama disclose the brush of claim 17 above, Cardenas et al. further disclose the central base portion further comprises a front side (side of 336,338 shown in Figures 3 and 4) having an indentation (indentation for receiving finger(s) at 336,338, best shown in Figure 4) formed therein.
Regarding claim 19, the combination of Cardenas et al. and Masuyama disclose the brush of claim 17 above, Cardenas et al. further disclose a left side set (left-most bristle group/tuft, Refer to Figure 2) of the first set of bristles extending out from the central base portion.
Regarding claim 20, the combination of Cardenas et al. and Masuyama disclose the brush of claim 17 above, Cardenas et al. further disclose a right side set (right-most bristle group/tuft, Refer to Figure 2) of the first set of bristles extending out from the central base portion.
Claims 9-16 are rejected under 35 U.S.C. 103 as being unpatentable over Cardenas (US 20110083690), Kaigana (US 6062230) and Masuyama (WO 2012164734).
Regarding claim 9, Cardenas et al. disclose a hair coloring brush (brush 250 of Figure 2 with overlay on head and handle per Figures 3 and 4, Refer to paragraphs 0016-0017 and 0024) comprising: a central base portion (315,336,338,340); a pick handle (350 and unlabeled tapering portion extending from 350 opposite 342,336,338) extending from the central base portion; a first row of first set of bristles (long bristles of 250, Refer to Figure 2) extending out of the central base portion having a first length; a first row of a second set of bristles (short bristles of 250, Refer to Figure 2) extending out from the central base portion having a second length with the second length less than the first length and the first row of the first set of bristles alternating with the first row of the second set of bristles (Refer to 250 of Figure 2); however, Cardenas et al. do not provide a third set of bristles extending out from the central base portion having a third length with the third length being greater than the second length, where the first, second and third sets of bristles are positioned in alternating pattern and a second row of bristles extending from the central base, where the second row also has alternating first, second and third sets of bristles with the first length being greater than the third length and the third length being greater than the second length.
It is well-known and conventional in the art for such hair coloring brushes to be provide with one row or two or more rows of bristles, where each row has the same bristle configuration (shape, arrangement, etc.) as demonstrated by Kajgana (Refer to Figures 2A, 4A, 5A, 7B, 7C, 7H-7G, 8B, 8C, 9B, 10B). The hair coloring brush applicator of Kajgana provides bristles 9 extending from the central base portion, where the bristles may be arranged in one row, as shown in Figures 1A-1C and 3A-3C, or in two rows having the same configuration, as shown in Figures 2A-2C and 4A-10C. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the brush applicator of Cardenas et al. to include a second row of bristles having the same configuration as the first row as Kajgana demonstrates this configuration is well-known and conventional in the art and such a modification would involve a mere duplication of the essential working parts where it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (Refer to MPEP 2144.04 VI. B).
Masuyama discloses a similar hair coloring brush where different embodiments provide different alternating bristle configurations (Refer to Figures 1-27). For example, one embodiment (Refer to Figures 1-5, 6D, 6E, 7-24) provides a set of first/long bristles (11) alternating with a set of second/short bristles (12) where configuration is the same or similar to that provided by Cardenas et al. and the bristles are arranged in two rows extending from a base and each row has the same configuration. Another embodiment (Refer to Figures 6A and 6B) of Masuyama provides the first/long (11) and second/short (12) sets of bristles as well as a third set of bristles (12A) extending from the base, where the third set of bristles has a third length greater than the second length of the second bristles and where the first, second and third sets of bristles are in an alternating pattern in two rows. Masuyama explains that this alternating configuration of bristles of different lengths allows for application of different amounts of liquid/hair-coloring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair coloring brush of the combination of Cardenas et al. and Kajgana to provide a third set of bristles extending from the base having a third length greater than the second length, where the first, second and third sets of bristles are arranged in an alternating pattern in each row as taught by Masuyama, since Masuyama demonstrates this three bristle sets configuration is a well-known obvious variant which is equivalent or interchangeable with the two bristle sets configuration and it is conventional for each row has the same configuration (first, second and third bristle sets).
Regarding claim 10, the combination of Cardenas et al., Kaigana and Masuyama disclose the brush of claim 9 above, Cardenas et al. further disclose the central base portion further comprises a front side (side of 336,338 shown in Figures 3 and 4) having an indentation (indentation for receiving finger(s) at 336,338, best shown in Figure 4) formed therein.
Regarding claim 11, the combination of Cardenas et al., Kaigana and Masuyama disclose the brush of claim 10 above, Cardenas et al. further disclose the indentation comprises a curved bottom end (best shown in Figure 4, bottom end of indentation at 338 near 342,344 is curved) and a straight upper end (straight end of indentation near bristles and opposite 342) with indentation providing an area for grasping the brush in a comfortable manner by an operator or user of the brush, the curved bottom end for providing a surface against which fingers of an operator may be positioned for more control of the brush (Refer to paragraph 0026).
Regarding claim 12, the combination of Cardenas et al., Kaigana and Masuyama disclose the brush of claim 9 above, Cardenas et al. further disclose the central base portion further comprises a left side curved portion (curved portion of 344 on left side, best shown in Figures 3 and 4), a straight end (straight end near bristles), a right side curved portion (curved portion of 344 on right side, best shown in Figures 3 and 4), and an extension portion (340).
Regarding claim 13, the combination of Cardenas et al., Kaigana and Masuyama disclose the brush of claim 12 above, Cardenas et al. further disclose the extension portion has a number of ribs (ribs/dimples, shown as horizontally-extending/hemispherical curves/lines in Figure 4, Refer to paragraphs 0009, 0012, 0026) for gripping the brush.
Regarding claim 14, the combination of Cardenas et al., Kaigana and Masuyama disclose the brush of claim 9 above, Cardenas et al. further disclose the central base portion further comprises a rear side (back side not shown, Refer to paragraphs 0024 and 0025).
Regarding claim 15, the combination of Cardenas et al., Kaigana and Masuyama disclose the brush of claim 9 above, Cardenas et al. further disclose a left side set (left-most bristle group/tuft, Refer to Figure 2) of the first set of bristles extending out from the central base portion.
Regarding claim 16, the combination of Cardenas et al., Kaigana and Masuyama disclose the brush of claim 9 above, Cardenas et al. further disclose a right side set (right-most bristle group/tuft, Refer to Figure 2) of the first set of bristles extending out from the central base portion.
Response to Arguments
Applicant's arguments filed 11/5/2025 have been fully considered but they are not persuasive.
Argument: Cardenas does not provide a third set of bristles as required by the amended language. Thus, the claims are allowable.
Response: The current ground of rejection acknowledges that Cardenas does not provide a third set of bristles and Masuyama is relied upon for the teaching of this feature. The claims are not allowable.
Argument: Richardson and Poole do not provide the newly recited third set of bristles . The claims are allowable.
Response: Richardson provides first, second and third sets of bristles in an alternating pattern (first, third, second, third, first), as shown in annotated Figure 5 provided in the rejection above. The claims are not allowable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799