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 .
Claim Objections
Claim 4 is objected to because of the following informalities: page 2 lines 14 and 22 – “the lateral face of” should be “a lateral face of”.
Claim 9 is objected to because of the following informalities: page 6 line 22 and page 7 line 19 – add “and” before “any subsequent”.
Claim 12 is objected to because of the following informalities: page 9 line 13 ends with a period but it should end with a semi-colon.
Claim 13 is objected to because of the following informalities: page 9 line 24 ends with a period but it should end with a semi-colon since the claim continues on page 10.
Claim 16 is objected to because of the following informalities: page 11 lines 7 and 15 – “the lateral face of” should be “a lateral face of”.
Claim 19 is objected to because of the following informalities: page 15 line 17 and page 16 line 13 – add “and” before “any subsequent”.
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
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 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 1-8 and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Compan (US 1,988,866).
Regarding Claim 1, Compan discloses an improved comb (comb A; 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 (body 1);
wherein the first comb section and the second comb section attach to the grip base (Figure 1; col 1 line 48 to col 3);
wherein there are physical differences between the first comb section and the second comb section (col 2 lines 1-3 describe the teeth as being spaced “fine” as in 2 or “coarse” as in 2’ or all one or the other as desired).
Regarding Claim 2, Compan teaches 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 (col 1 lines 25-29 describe the comb as a tool for setting finger waves, through a comb can be used a variety of other purposes related to hair care as well);
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 hair and act as working elements).
Regarding Claim 3, Compan teaches 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 lateral face; body 1 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 3 being a lateral face that connects them);
wherein the grip base forms the base of the comb structure of the first comb section (Figure 1; col 1 line 48 to col 3);
wherein the grip base further forms the base of the comb structure of the second comb section (Figure 1; col 1 line 48 to col 3);
wherein the grip base is sized such that the grip base bridges a reach between the first comb section and the second comb section (portion 4; Figure 1 shows body 1 extending the entire length of the comb);
wherein the bridge formed by the grip base is a negative space (portion 4) that is used as the handle of the tool of the improved comb (col 2 lines 29-36).
Regarding Claim 4, Compan teaches the improved comb according to claim 3 (as presented above)
wherein the grip base (body 1) further comprises first grip section (portion to the left in Figure 1 attached to first comb section with teeth 2), a second grip section (portion to the right in Figure 1 attached to second comb section with teeth 2’), and a medial grip section (portion in middle corresponding to portion 4 without teeth);
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 the lateral face of the first grip section (Figure 1; teeth 2 extend directly from body 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 first comb section attach to the lateral face of the second grip section (Figure 1; teeth extend directly from body 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 a hand hold used to control and manipulate the first comb section and the second comb section ( curved portions 5, 5’; col 2 lines 29-36).;
wherein the medial grip section forms the reach that separates the first comb section and the second comb section (Figure 1).
Regarding Claim 5, Compan teaches the improved comb according to claim 4 (as presented above)
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, Compan teaches the improved comb according to claim 5 (as presented above)
wherein the first comb section comprises a first end cap (see annotated Figure 1 below) and a first plurality of comb teeth (teeth 2);
wherein the first end cap is a guard that mounts on the end of the first plurality of comb teeth (Figure 1);
wherein the second comb section comprises a second end cap (see annotated Figure 1 below) and a second plurality of comb teeth (teeth 2’);
wherein the second end cap is a guard that mounts on the end of the second plurality of comb teeth (Figure 1).
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Regarding Claim 7, Compan teaches the improved comb according to claim 6 (as presented above)
wherein the first end cap attaches to the perimeter edge of the first grip section of the grip base (see annotated Figure 1 above);
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 (see annotated Figure 1 above);
wherein the first end cap forms a barrier structure that protects the first plurality of comb teeth from impact damage (the end caps 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 1);
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 (see annotated Figure 1 above);
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 (see annotated Figure 1 above);
wherein the second end cap forms a barrier structure that protects the second plurality of comb teeth from impact damage (the end caps 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 1);
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, Compan teaches the improved comb according to claim 7 (as presented above)
wherein the first plurality of comb teeth forms the plurality of teeth of the comb structure of the first comb section (teeth 2 in first comb section to left in Figure 1);
wherein the first plurality of comb teeth comprises a collection of first individual tooth structures (teeth 2);
wherein each selected first individual tooth structure attaches to the first grip section in the manner of a jib (teeth 2 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 2’ in second comb section to right in Figure 1);
wherein the second plurality of comb teeth comprises a collection of second individual tooth structures (teeth 2’);
wherein each selected second individual tooth structure attaches to the second grip section in the manner of a jib (teeth 2’ 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 13, Compan discloses an improved comb (comb A; 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 (body 1);
wherein the first comb section and the second comb section attach to the grip base (Figure 1; col 1 line 48 to col 3);
wherein there are physical differences between the first comb section and the second comb section (col 2 lines 1-3 describe the teeth as being spaced “fine” as in 2 or “coarse” as in 2’ or all one or the other as desired);
wherein the first grip section acts as a first guard (the first grip section is fully capable of acting as a guard);
wherein the second grip section acts as a second guard (the second grip section is fully capable of acting as a guard);
wherein the first guard and the second guard are of different sizes (the first grip section and second grip section as identified in the annotated Figure 1 above are different shapes and thus result in them being different sizes, at least as measured by length from back 3 to the lateral face where the teeth attach but also in other size measurements).
Regarding Claim 14, Compan teaches the improved comb according to claim 13 (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 (col 1 lines 25-29 describe the comb as a tool for setting finger waves, through a comb can be used a variety of other purposes related to hair care as well);
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 hair and act as working elements).
Regarding Claim 15, Compan teaches the improved comb according to claim 14 (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 lateral face; body 1 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 3 being a lateral face that connects them);
wherein the grip base forms the base of the comb structure of the first comb section (Figure 1; col 1 line 48 to col 3);
wherein the grip base further forms the base of the comb structure of the second comb section (Figure 1; col 1 line 48 to col 3);
wherein the grip base is sized such that the grip base bridges a reach between the first comb section and the second comb section (portion 4; Figure 1 shows body 1 extending the entire length of the comb);
wherein the bridge formed by the grip base is a negative space (portion 4) that is used as the handle of the tool of the improved comb (col 2 lines 29-36).
Regarding Claim 16, Compan teaches the improved comb according to claim 15 (as presented above)
wherein the grip base (body 1) further comprises first grip section (portion to the left in Figure 1 attached to first comb section with teeth 2), a second grip section (portion to the right in Figure 1 attached to second comb section with teeth 2’), and a medial grip section (portion in middle corresponding to portion 4 without teeth);
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 the lateral face of the first grip section (Figure 1; teeth 2 extend directly from body 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 first comb section attach to the lateral face of the second grip section (Figure 1; teeth extend directly from body 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 a hand hold used to control and manipulate the first comb section and the second comb section ( curved portions 5, 5’; col 2 lines 29-36).;
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 comprises a first end cap (see annotated Figure 1 above) and a first plurality of comb teeth (teeth 2);
wherein the first end cap is a guard that mounts on the end of the first plurality of comb teeth (Figure 1);
wherein the second comb section comprises a second end cap (see annotated Figure 1 above) and a second plurality of comb teeth (teeth 2’);
wherein the second end cap is a guard that mounts on the end of the second plurality of comb teeth (Figure 1).
Regarding Claim 17, Compan teaches the improved comb according to claim 16 (as presented above)
wherein the first end cap attaches to the perimeter edge of the first grip section of the grip base (see annotated Figure 1 above);
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 (see annotated Figure 1 above);
wherein the first end cap forms a barrier structure that protects the first plurality of comb teeth from impact damage (the end caps 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 1);
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 (see annotated Figure 1 above);
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 (see annotated Figure 1 above);
wherein the second end cap forms a barrier structure that protects the second plurality of comb teeth from impact damage (the end caps 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 1);
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 18, Compan teaches the improved comb according to claim 17 (as presented above)
wherein the first plurality of comb teeth forms the plurality of teeth of the comb structure of the first comb section (teeth 2 in first comb section to left in Figure 1);
wherein the first plurality of comb teeth comprises a collection of first individual tooth structures (teeth 2);
wherein each selected first individual tooth structure attaches to the first grip section in the manner of a jib (teeth 2 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 2’ in second comb section to right in Figure 1);
wherein the second plurality of comb teeth comprises a collection of second individual tooth structures (teeth 2’);
wherein each selected second individual tooth structure attaches to the second grip section in the manner of a jib (teeth 2’ 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).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 9-12 and 19-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Compan (US 1,988,866) in view of Cypert (US 1,340,379).
Regarding Claim 9, Compan teaches the improved comb according to claim 8 (as presented above)
wherein the first plurality of comb teeth further comprises a first plurality of diastema (spaces between teeth 2 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 2 as seen in Figure 1);
wherein the first plurality of diastema are distributed between the first plurality of comb teeth (spaces between teeth 2 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 2 as seen in Figure 1);
wherein the second plurality of comb teeth further comprises a second plurality of diastema (spaces between teeth 2’ as seen in Figure 1);
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 2’ as seen in Figure 1);
wherein the second plurality of diastema are distributed between the second plurality of comb teeth (spaces between teeth 2’ 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 2’ as seen in Figure 1).
Compan does not explicitly teach 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 because the teeth on the right hand side of the comb get shorter as from the center of the comb towards the outside.
However, Cypert, in the same field of endeavor of combs with different teeth arrangements in different portions (Figure 1), teaches that the teeth of a portion of a comb can be identical (teeth 6) or can get shorter as observed from the midpoint to the end (teeth 7).
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 teeth of the second comb section of Compan to all be the same length, and therefore the identical comb teeth, as taught by Cypert. Such a modification would have been obvious to try because Cypert teaches that comb teeth being identical or comb teeth shortening towards the end are both known in the art.
Regarding Claim 10, Compan and Cypert teach the improved comb according to claim 9 (as presented above). Compan further teaches:
wherein each diastema selected from the first plurality of diastema is defined with a first diastema spacing span (spaces between teeth 2 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 2 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 2 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 2’ 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 2’ 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 2’ as seen in Figure 1).
Regarding Claim 11, Compan and Cypert teach the improved comb according to claim 10 (as presented above). Compan 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; col 2 lines 1-3);
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 (Figure 1; col 2 lines 1-3).
Regarding Claim 12, Compan and Cypert teach the improved comb according to claim 11 (as presented above). Compan further teaches:
wherein the first grip section acts as a first guard (the first grip section is fully capable of acting as a guard);
wherein the second grip section acts as a second guard (the second grip section is fully capable of acting as a guard);
wherein the first guard and the second guard are of different sizes (the first grip section and second grip section as identified in the annotated Figure 1 above are different shapes and thus result in them being different sizes, at least as measured by length from back 3 to the lateral face where the teeth attach but also in other size measurements).
Regarding Claim 19, Compan teaches the improved comb according to claim 18 (as presented above)
wherein the first plurality of comb teeth further comprises a first plurality of diastema (spaces between teeth 2 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 2 as seen in Figure 1);
wherein the first plurality of diastema are distributed between the first plurality of comb teeth (spaces between teeth 2 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 2 as seen in Figure 1);
wherein the second plurality of comb teeth further comprises a second plurality of diastema (spaces between teeth 2’ as seen in Figure 1);
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 2’ as seen in Figure 1);
wherein the second plurality of diastema are distributed between the second plurality of comb teeth (spaces between teeth 2’ 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 2’ as seen in Figure 1).
Compan does not explicitly teach 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 because the teeth on the right hand side of the comb get shorter as from the center of the comb towards the outside.
However, Cypert, in the same field of endeavor of combs with different teeth arrangements in different portions (Figure 1), teaches that the teeth of a portion of a comb can be identical (teeth 6) or can get shorter as observed from the midpoint to the end (teeth 7).
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 teeth of the second comb section of Compan to all be the same length, and therefore the identical comb teeth, as taught by Cypert. Such a modification would have been obvious to try because Cypert teaches that comb teeth being identical or comb teeth shortening towards the end are both known in the art.
Regarding Claim 20, Compan and Cypert teach the improved comb according to claim 19 (as presented above). Compan further teaches:
wherein each diastema selected from the first plurality of diastema is defined with a first diastema spacing span (spaces between teeth 2 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 2 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 2 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 2’ 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 2’ 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 2’ 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; col 2 lines 1-3);
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 (Figure 1; col 2 lines 1-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/JENNIFER P CONNELL/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799