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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first guard and second guard being different sizes must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claims 2 and 5 are objected to because of the following informality: “the tool” should be “the hand tool”.
Claim 3 is objected to because of the following informality: “the grip base bridges a reach” should be “the grip bases reaches to form a bridge” in order to avoid a lack of antecedent basis for “the bridge” in the subsequent limitation.
Claim 4 is objected to because of the following informalities:
“comprises first grip section” should be “comprises a first grip section”
“wherein the plurality of teeth of the comb structure of the first comb section attach to the lateral face of the second grip section” should be “wherein the plurality of teeth of the comb structure of the second comb section attach to the lateral face of the second grip section”
“a bridge” should be “the bridge”
Claim 10 is objected to because “9” was not removed when the dependency was updated in the amendment.
Claim 13 is objected to because of the following informalities: “wherein the first plurality of comb teeth forms the plurality of teeth of the comb structure of the first comb section” and “wherein the second plurality of comb teeth forms the plurality of teeth of the comb structure of the second comb section” need to be updated to address a lack of antecedent basis since the limitation were moved up to claim 13 from claim 18 or 19 in the amendment but the antecedent basis for limitations was in intervening claims previously.
Appropriate correction is required.
Applicant is advised that should claim 12 be found allowable, claim 20 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Larson (US 2,305,969).
Regarding Claim 1, Larson discloses an improved comb (hair comb, as shown in a side view in Figure 1) comprising
a first comb section (left side of Figure 1), a second comb section (right side of Figure 1), and a grip base (bridge 5);
wherein the first comb section and the second comb section attach to the grip base (Figure 1; col 1 lines 38-47);
wherein there are physical differences between the first comb section and the second comb section (Figure 1; col 1 lines 44-47: “ The teeth of the group of teeth 6 are fine while the teeth of the group of teeth 7 are coarse commonly employed in comb construction.”);
wherein the first comb section (left side of Figure 1) comprises a first end cap (left side end piece 9) and a first plurality of comb teeth (teeth 6);
wherein the second comb section (right side of Figure 2) comprises a second end cap (right side end piece 9) and a second plurality of comb teeth (teeth 7);
wherein the first plurality of comb teeth further comprises a first plurality of diastema (spaces between teeth 6 as seen in Figure 1);
wherein the first plurality of diastema comprises a collection of negative spaces that are interspersed between the first plurality of comb teeth (spaces between teeth 6 as seen in Figure 1);
wherein the first plurality of diastema are distributed between the first plurality of comb teeth (spaces between teeth 6 as seen in Figure 1);
wherein a diastema selected from the first plurality of diastema is positioned between any initial first individual tooth structure selected from the first plurality of comb teeth and any subsequent first individual tooth structure selected from the first plurality of comb teeth that is adjacent to the initial selected first individual tooth structure (spaces between teeth 6 as seen in Figure 1);
wherein the second plurality of comb teeth further comprises a second plurality of diastema (spaces between teeth 7 as seen in Figure 1);
wherein any initial second individual tooth structure selected from the second plurality of comb teeth is identical to any subsequent second individual tooth structure selected from the second plurality of comb teeth (teeth 7 are all identical, ass seen in Figures 1-5);
wherein the second plurality of diastema comprises a collection of negative spaces that are interspersed between the second plurality of comb teeth (spaces between teeth 7 as seen in Figure 1);
wherein the second plurality of diastema are distributed between the second plurality of comb teeth (spaces between teeth 7 as seen in Figure 1);
wherein a diastema selected from the second plurality of diastema is positioned between any initial second individual tooth structure selected from the second plurality of comb teeth any subsequent second individual tooth structure selected from the second plurality of comb teeth that is adjacent to the initial selected second individual tooth structure (spaces between teeth 7 as seen in Figure 1).
Regarding Claim 2, Larson discloses the improved comb according to claim 1 (as presented above)
wherein the improved comb is a mechanical structure (the comb shown in Figure 1 is a mechanical structure);
wherein the improved comb is a hand tool (the comb shown is a hand tool which can be used as described in col 1 lines 4-17);
wherein the first comb section and the second comb section act as working elements of the tool of the improved comb (Figure 1; the teeth comb through the hair and act as working elements).
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 3-8 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Larson (US 2,305,969) in view of Compan (US 1,988,866).
Regarding Claim 3, Larson discloses the improved comb according to claim 2 (as presented above)
wherein the grip base is a disk shaped structure (disk defined in instant application specification page 16 as a prism-shaped object with 2 congruent ends attached by a lateral face with the surface area of the congruent ends greater than that of the later al face; bridge 5 is a disk-shaped object with the face shown in Figure 1 being one congruent end and the opposite side being the second congruent end and straight back being a lateral face that connects them; Figure 5);
wherein the grip base forms the base of the comb structure of the first comb section (Figure 1; col 1 lines 38-41);
wherein the grip base further forms the base of the comb structure of the second comb section (Figure 1; col 1 lines 38-41);
wherein the grip base is sized such that the grip base bridges a reach (separating portion 8) between the first comb section and the second comb section (Figure 1).
The bridge taught by Larson is not a negative space.
However, Compan, in the same field of endeavor of combs (title, Figures), teaches a comb with a first comb section (left side with teeth 2), a second comb section (right side with teeth 2’), and a grip base (body 1),
where the grip base (body 1) is sized such that the grip base bridges a reach (portion 4, 4’, and 4”; Figures 1-3) between the first comb section (teeth 2) and the second comb section (teeth 2’)
wherein the bridge formed by the grip base is a negative space (portion 4 in Figure 1) that is used as the handle of the tool of the improved comb.
Compan teaches that the bridge formed by the grip base can be a negative space (Figure 1, portion 4), a partially filled space (Figure 2, portion 4’), or a solid space (Figure 3, portion 4”).
Therefore 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 comb as taught by Larson to have the bridge formed by the grip base be a negative space as taught by Compan. Compan teaches the space being negative, partially filled, or solid, therefore it would have been obvious to try the bridge being a negative space.
Regarding Claim 4, Larson and Compan teach the improved comb according to claim 3 (as presented above). Larson further teaches:
wherein the grip base (bridge 5) further comprises first grip section (portion to the left in Figure 1 attached to first comb section with teeth 6), a second grip section (portion to the right in Figure 1 attached to second comb section with teeth 7), and a medial grip section (portion in the middle corresponding to separating portion 8, which is made a negative space as taught by Compan);
wherein the first grip section is a subsection of the single structure that forms the grip base (Figure 1);
wherein the first grip section forms the base structure that forms the comb structure of the first comb section (Figure 1);
wherein the plurality of teeth of the comb structure of the first comb section attach to a lateral face of the first grip section (Figure 1);
wherein the second grip section is a subsection of the single structure that forms the grip base (Figure 1);
wherein the second grip section forms the base structure that forms the comb structure of the first comb section (Figure 1);
wherein the plurality of teeth of the comb structure of the second comb section attach to the lateral face of the second grip section (Figure 1);
wherein the medial grip section forms a bridge that attaches the first grip section to the second grip section (Figure 1);
Compan further teaches wherein the medial grip section forms a hand hold used to control and manipulate the first comb section and the second comb section (Figure 1 of Compan, when applied to the comb of Larson to make the space of separating portion 8 negative; though even without the negative space, the connecting bridge 5 of Larson still acts as a hand hold for holding and controlling the comb).
Regarding Claim 5, Larson and Compan teach the improved comb according to claim 4 (as presented above). Larson further teaches wherein the first comb section forms a working element of the tool formed by the improved comb; wherein the second comb section forms a working element of the tool formed by the improved comb (both the first and second comb sections are the working elements of the improved comb, as the teeth there are for working on the hair).
Regarding Claim 6, Larson and Compan teach the improved comb according to claim 5 (as presented above). Larson further teaches wherein the first end cap is a guard that mounts on the end of the first plurality of comb teeth; wherein the second end cap is a guard that mounts on the end of the second plurality of comb teeth (Figure 1 with end pieces 9).
Regarding Claim 7, Larson and Compan teach the improved comb according to claim 6 (as presented above). Larson further teaches
wherein the first end cap attaches to the perimeter edge of the first grip section of the grip base (end piece 9 on left side in Figure 1; col 1 lines 48-50);
wherein the first end cap attaches to the first grip section such that the first plurality of comb teeth positioned between the first end cap and the medial grip section of the grip base (Figure 1);
wherein the first end cap forms a barrier structure that protects the first plurality of comb teeth from impact damage (the end pieces 9 as shown in Figure 1 are fully capable of protecting the comb teeth from impact damage);
wherein the first end cap attaches to the first grip section such that the center axis of the first end cap is parallel to the center axis of each first individual tooth structure selected from the first plurality of comb teeth (Figure 2);
wherein the first end cap projects away from the first grip section in the same direction as each first individual tooth structure selected from the first plurality of comb teeth (Figure 1);
wherein the second end cap attaches to the perimeter edge of the second grip section of the grip base (end piece 9 on right side in Figure 1; col 1 lines 48-50);
wherein the second end cap attaches to the second grip section such that the second plurality of comb teeth positioned between the second end cap and the medial grip section of the grip base (Figure 1);
wherein the second end cap forms a barrier structure that protects the second plurality of comb teeth from impact damage (the end pieces 9 as shown in Figure 1 are fully capable of protecting the comb teeth from impact damage);
wherein the second end cap attaches to the second grip section such that the center axis of the second end cap is parallel to the center axis of each second individual tooth structure selected from the second plurality of comb teeth (Figure 2);
wherein the second end cap projects away from the second grip section in the same direction as each second individual tooth structure selected from the second plurality of comb teeth (Figure 1).
Regarding Claim 8, Larson and Compan teach the improved comb according to claim 7 (as presented above). Larson further teaches
wherein the first plurality of comb teeth forms the plurality of teeth of the comb structure of the first comb section (teeth 6 in first comb section to left in Figures 1 and 2);
wherein the first plurality of comb teeth comprises a collection of first individual tooth structures (teeth 6);
wherein each selected first individual tooth structure attaches to the first grip section in the manner of a jib (teeth 6 are each mounted on one end);
wherein the second plurality of comb teeth forms the plurality of teeth of the comb structure of the second comb section (teeth 7 in second comb section to right in Figures 1 and 2);
wherein the second plurality of comb teeth comprises a collection of second individual tooth structures (teeth 7);
wherein each selected second individual tooth structure attaches to the second grip section in the manner of a jib (teeth 7 are each mounted on one end);
wherein any initial first individual tooth structure selected from the first plurality of comb teeth is identical to any subsequent first individual tooth structure selected from the first plurality of comb teeth (Figure 1).
Regarding Claim 10, Larson and Compan teach the improved comb according to claim 8 (as presented above). Larson further teaches
wherein each diastema selected from the first plurality of diastema is defined with a first diastema spacing span (spaces between teeth 6 as seen in Figure 1);
wherein the first diastema spacing span is the span of the reach between the center axis of the selected first individual tooth structure and the subsequent selected first individual tooth structure that is adjacent to the initial selected first individual tooth structure (spaces between teeth 6 as seen in Figure 1);
wherein the span of the length of the first diastema spacing span of each diastema selected from the first plurality of diastema is identical (spaces between teeth 6 as seen in Figure 1);
wherein each diastema selected from the second plurality of diastema is defined with a second diastema spacing span (spaces between teeth 7 as seen in Figure 1);
wherein the second diastema spacing span is the span of the reach between the center axis of the selected second individual tooth structure and the subsequent selected second individual tooth structure that is adjacent to the initial selected second individual tooth structure (spaces between teeth 7 as seen in Figure 1);
wherein the span of the length of the second diastema spacing span of each diastema selected from the second plurality of diastema is identical (spaces between teeth 7 as seen in Figure 1).
Regarding Claim 11, Larson and Compan teach the improved comb according to claim 10 (as presented above). Larson further teaches
wherein the span of the length of the second diastema spacing span is different from and not equal to the span of the length of the first diastema spacing span (Figure 1);
wherein the difference between the span of the lengths of the second diastema spacing span and the first diastema spacing span forms a primary difference between the first comb section and the second comb section (teeth 6 and 7 are shown as having different widths of teeth and different spacing between the teeth, matching what is shown in the instant application in Figure 1 and described on page 11 lines 17-23 where diastema is determined as the space between the center of adjacent teeth of the comb).
Regarding Claim 12, Larson and Compan teach the improved comb according to claim 11 (as presented above). Larson further teaches wherein the first grip section acts as a first guard (col 1 line 50 to col 2 line 2; the first grip section is fully capable of acting as a guard); wherein the second grip section acts as a second guard (col 1 line 50 to col 2 line 2; the first grip section is fully capable of acting as a guard).
The comb as taught by Compan and relied upon to teach the bridge being a negative space also teaches the first and second grip sections acting as a first and second guard (the portion of body 1 connected to teeth 2 or teeth 2’ are fully capable of acting as a guard). The distance from the flat side of the grip section to where the teeth start is different on the first side and the second side, therefore Compan also teaches wherein the first guard and the second guard are different sizes, and this different grip section sizes resulting in different guard sizes for a haircut is obvious to also incorporate into Larson.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Larson (US 2,305,969) in view of Wigmore (US 2013/0220359).
Regarding Claim 13, Larson discloses an improved comb (hair comb, as shown in a side view in Figure 1) comprising
a first comb section (left side of Figure 1), a second comb section (right side of Figure 1), and a grip base (bridge 5);
wherein the first comb section and the second comb section attach to the grip base (Figure 1; col 1 lines 38-47);
wherein there are physical differences between the first comb section and the second comb section (Figure 1; col 1 lines 44-47: “ The teeth of the group of teeth 6 are fine while the teeth of the group of teeth 7 are coarse commonly employed in comb construction.”);
wherein the first grip section acts as a first guard (col 1 line 50 to col 2 line 2; the first grip section is fully capable of acting as a guard);
wherein the second grip section acts as a second guard (col 1 line 50 to col 2 line 2; the second grip section is fully capable of acting as a guard)
wherein the first plurality of comb teeth (teeth 6) forms the plurality of teeth of the comb structure of the first comb section (Figures 1 and 2; teeth 6 and first comb section on left side);
wherein the first plurality of comb teeth comprises a collection of first individual tooth structures (teeth 6);
wherein each selected first individual tooth structure attaches to the first grip section in the manner of a jib (teeth 6 are each mounted on one end);
wherein the second plurality of comb teeth (teeth 7) forms the plurality of teeth of the comb structure of the second comb section (Figures 1 and 2; teeth 7 and second comb section on right side);
wherein the second plurality of comb teeth comprises a collection of second individual tooth structures (teeth 7);
wherein each selected second individual tooth structure attaches to the second grip section in the manner of a jib (teeth 7 are each mounted on one end);
wherein any initial first individual tooth structure selected from the first plurality of comb teeth is identical to any subsequent first individual tooth structure selected from the first plurality of comb teeth (Figure 1);
wherein the first plurality of comb teeth further comprises a first plurality of diastema (spaces between teeth 6 as seen in Figure 1);
wherein the first plurality of diastema comprises a collection of negative spaces that are interspersed between the first plurality of comb teeth (spaces between teeth 6 as seen in Figure 1);
wherein the first plurality of diastema are distributed between the first plurality of comb teeth (spaces between teeth 6 as seen in Figure 1);
wherein a diastema selected from the first plurality of diastema is positioned between any initial first individual tooth structure selected from the first plurality of comb teeth and any subsequent first individual tooth structure selected from the first plurality of comb teeth that is adjacent to the initial selected first individual tooth structure (spaces between teeth 6 as seen in Figure 1);
wherein the second plurality of comb teeth further comprises a second plurality of diastema (spaces between teeth 7 as seen in Figure 1);
wherein any initial second individual tooth structure selected from the second plurality of comb teeth is identical to any subsequent second individual tooth structure selected from the second plurality of comb teeth (teeth 7 are all identical, ass seen in Figures 1-5);
wherein the second plurality of diastema comprises a collection of negative spaces that are interspersed between the second plurality of comb teeth (spaces between teeth 7 as seen in Figure 1);
wherein the second plurality of diastema are distributed between the second plurality of comb teeth (spaces between teeth 7 as seen in Figure 1);
wherein a diastema selected from the second plurality of diastema is positioned between any initial second individual tooth structure selected from the second plurality of comb teeth any subsequent second individual tooth structure selected from the second plurality of comb teeth that is adjacent to the initial selected second individual tooth structure (spaces between teeth 7 as seen in Figure 1).
Larson does not explicitly teach wherein the first guard and the second guard are of different sizes.
However, Wigmore, in the same field of endeavor of combs (abstract), teaches a comb (10) with a first comb section (with first set of tines 16), a second comb section (with second set of tines 20), and a grip base (spine 12);
wherein the first grip section acts as a first guard (¶ 0033; Figures 7-11);
wherein the second grip section acts as a second guard (the second grip section is fully capable of acting as a guard); and
wherein the first guard and the second guard are different sizes (transverse shelf 30 causes the first comb section (with tines 16) to have a greater thickness than the second comb section (with tines 20)).
Wigmore teaches that the added thickness on one side to act as a rail along which to rest the scissors or clippers during haircut, potentially preventing slippage (abstract, ¶s 0009-10, 0033).
Therefore 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 comb as taught by Larson to also include the transverse shelf on one comb section as taught by Wigmore, such that the first guard and second guard formed by the grip sections of the comb sections are different sizes. One would be motivated to make this modification to provide a rail on one side for resting the clippers or scissors against while guiding them during a haircut.
Regarding Claim 14, Larson and Wigmore teach the improved comb according to claim 13 (as presented above). Larson further teaches:
wherein the improved comb is a mechanical structure (the comb shown in Figure 1 is a mechanical structure);
wherein the improved comb is a hand tool (the comb shown is a hand tool which can be used as described in col 1 lines 4-17);
wherein the first comb section and the second comb section act as working elements of the tool of the improved comb (Figure 1; the teeth comb through the hair and act as working elements).
Claims 15-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Larson (US 2,305,969) and Wigmore (US 2013/0220359) as applied to claim 14 above, and in further view of Compan (US 1,988,866).
Regarding Claim 15, Larson and Wigmore teach the improved comb according to claim 14 (as presented above). Larson further teaches:
wherein the grip base is a disk shaped structure (disk defined in instant application specification page 16 as a prism-shaped object with 2 congruent ends attached by a lateral face with the surface area of the congruent ends greater than that of the later al face; bridge 5 is a disk-shaped object with the face shown in Figure 1 being one congruent end and the opposite side being the second congruent end and straight back being a lateral face that connects them; Figure 5);
wherein the grip base forms the base of the comb structure of the first comb section (Figure 1; col 1 lines 38-41);
wherein the grip base further forms the base of the comb structure of the second comb section (Figure 1; col 1 lines 38-41);
wherein the grip base is sized such that the grip base bridges a reach (separating portion 8) between the first comb section and the second comb section (Figure 1).
The bridge taught by Larson is not a negative space.
However, Compan, in the same field of endeavor of combs (title, Figures), teaches a comb with a first comb section (left side with teeth 2), a second comb section (right side with teeth 2’), and a grip base (body 1),
where the grip base (body 1) is sized such that the grip base bridges a reach (portion 4, 4’, and 4”; Figures 1-3) between the first comb section (teeth 2) and the second comb section (teeth 2’)
wherein the bridge formed by the grip base is a negative space (portion 4 in Figure 1) that is used as the handle of the tool of the improved comb.
Compan teaches that the bridge formed by the grip base can be a negative space (Figure 1, portion 4), a partially filled space (Figure 2, portion 4’), or a solid space (Figure 3, portion 4”).
Therefore 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 comb as taught by Larson and Wigmore to have the bridge formed by the grip base be a negative space as taught by Compan. Compan teaches the space being negative, partially filled, or solid, therefore it would have been obvious to try the bridge being a negative space.
Regarding Claim 16, Larson, Wigmore, and Compan teach the improved comb according to claim 15 (as presented above). Larson further teaches:
wherein the grip base (bridge 5) further comprises first grip section (portion to the left in Figure 1 attached to first comb section with teeth 6), a second grip section (portion to the right in Figure 1 attached to second comb section with teeth 7), and a medial grip section (portion in the middle corresponding to separating portion 8, which is made a negative space as taught by Compan);
wherein the first grip section is a subsection of the single structure that forms the grip base (Figure 1);
wherein the first grip section forms the base structure that forms the comb structure of the first comb section (Figure 1);
wherein the plurality of teeth of the comb structure of the first comb section attach to a lateral face of the first grip section (Figure 1);
wherein the second grip section is a subsection of the single structure that forms the grip base (Figure 1);
wherein the second grip section forms the base structure that forms the comb structure of the first comb section (Figure 1);
wherein the plurality of teeth of the comb structure of the second comb section attach to the lateral face of the second grip section (Figure 1);
wherein the medial grip section forms a bridge that attaches the first grip section to the second grip section (Figure 1);
wherein the medial grip section forms the reach that separates the first comb section and the second comb section (Figure 1);
wherein the first comb section forms a working element of the tool formed by the improved comb; wherein the second comb section forms a working element of the tool formed by the improved comb (both the first and second comb sections are the working elements of the improved comb, as the teeth there are for working on the hair);
wherein the first comb section (left side of Figure 1) comprises a first end cap (left side end piece 9) and a first plurality of comb teeth (teeth 6);
wherein the first end cap is a guard that mounts on the end of the first plurality of comb teeth (Figure 1 with end piece 9 on left side);
wherein the second comb section (right side of Figure 2) comprises a second end cap (right side end piece 9) and a second plurality of comb teeth (teeth 7);
wherein the second end cap is a guard that mounts on the end of the second plurality of comb teeth (Figure 1 with end piece 9 on right side)
Compan further teaches wherein the medial grip section forms a hand hold used to control and manipulate the first comb section and the second comb section (Figure 1 of Compan, when applied to the comb of Larson to make the space of separating portion 8 negative; though even without the negative space, the connecting bridge 5 of Larson still acts as a hand hold for holding and controlling the comb).
Regarding Claim 17, Larson, Wigmore, and Compan teach the improved comb according to claim 16 (as presented above). Larson further teaches:
wherein the first end cap attaches to the perimeter edge of the first grip section of the grip base (end piece 9 on left side in Figure 1; col 1 lines 48-50);
wherein the first end cap attaches to the first grip section such that the first plurality of comb teeth positioned between the first end cap and the medial grip section of the grip base (Figure 1);
wherein the first end cap forms a barrier structure that protects the first plurality of comb teeth from impact damage (the end pieces 9 as shown in Figure 1 are fully capable of protecting the comb teeth from impact damage);
wherein the first end cap attaches to the first grip section such that the center axis of the first end cap is parallel to the center axis of each first individual tooth structure selected from the first plurality of comb teeth (Figure 2);
wherein the first end cap projects away from the first grip section in the same direction as each first individual tooth structure selected from the first plurality of comb teeth (Figure 1);
wherein the second end cap attaches to the perimeter edge of the second grip section of the grip base (end piece 9 on right side in Figure 1; col 1 lines 48-50);
wherein the second end cap attaches to the second grip section such that the second plurality of comb teeth positioned between the second end cap and the medial grip section of the grip base (Figure 1);
wherein the second end cap forms a barrier structure that protects the second plurality of comb teeth from impact damage (the end pieces 9 as shown in Figure 1 are fully capable of protecting the comb teeth from impact damage);
wherein the second end cap attaches to the second grip section such that the center axis of the second end cap is parallel to the center axis of each second individual tooth structure selected from the second plurality of comb teeth (Figure 2);
wherein the second end cap projects away from the second grip section in the same direction as each second individual tooth structure selected from the second plurality of comb teeth (Figure 1).
Regarding Claim 20, Larson, Wigmore, and Compan teach the improved comb according to claim 17 (as presented above). Larson further teaches:
wherein each diastema selected from the first plurality of diastema is defined with a first diastema spacing span (spaces between teeth 6 as seen in Figure 1);
wherein the first diastema spacing span is the span of the reach between the center axis of the selected first individual tooth structure and the subsequent selected first individual tooth structure that is adjacent to the initial selected first individual tooth structure (spaces between teeth 6 as seen in Figure 1);
wherein the span of the length of the first diastema spacing span of each diastema selected from the first plurality of diastema is identical (spaces between teeth 6 as seen in Figure 1);
wherein each diastema selected from the second plurality of diastema is defined with a second diastema spacing span (spaces between teeth 7 as seen in Figure 1);
wherein the second diastema spacing span is the span of the reach between the center axis of the selected second individual tooth structure and the subsequent selected second individual tooth structure that is adjacent to the initial selected second individual tooth structure (spaces between teeth 7 as seen in Figure 1);
wherein the span of the length of the second diastema spacing span of each diastema selected from the second plurality of diastema is identical (spaces between teeth 7 as seen in Figure 1);
wherein the span of the length of the second diastema spacing span is different from and not equal to the span of the length of the first diastema spacing span (Figure 1);
wherein the difference between the span of the lengths of the second diastema spacing span and the first diastema spacing span forms a primary difference between the first comb section and the second comb section (teeth 6 and 7 are shown as having different widths of teeth and different spacing between the teeth, matching what is shown in the instant application in Figure 1 and described on page 11 lines 17-23).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Larson (US 2,305,969) is now used as the primary reference in the above rejections, with Compan (US 1,988,866) only replied upon to teach the bridge between the two sections of the comb being a negative space, as Compan teaches a negative space, a partially full space, or a solid space as possible options for the reach of space between the first and second comb sections.
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 Jennifer P. Connell whose telephone number is (703)756-1169. The examiner can normally be reached Monday - Friday 9 am - 3 pm ET.
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, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER P CONNELL/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
