DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to because:
The reference characters for the different components are enclosed in outlines and these outlines should be removed in compliance with 37 CFR 1.84(p).
Reference character “100” needs to be underlined in compliance with 37 CFR 1.84(p).
Drawing sheet numbering needs to be larger than numbers used as reference characters in compliance with 37 CFR 1.84(t).
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 1-5, 9, and 10 are objected to because of the following informalities:
The phrase “teeth plate part” should be changed to –teeth plate—for consistency (Claim 1, Line 5).
The phrase “mist” should be changed to –the mist—for consistency (Claim 1, Line 9).
The phrase “is transferred” should be changed to –is configured to be transferred—to not positively claim the mist (Claim 1, Line 10).
The phrase “scalp” should be changed to –a scalp—to correct the grammatical error (Claim 2, Line 3).
The phrase “mist pumping” should be changed to –for the mist pumping—for consistency (Claim 3, Line 5).
The phrase “casing part” should be changed to –casing—for consistency (Claim 4, Line 5).
The phrase “electric massage comb” should be changed to –the electric massage comb—for consistency (Claim 5, Line 3).
The phrase “groove part” should be changed to –groove—for consistency (Claim 5, Line 4).
The phrase “outlet parts” should be changed to –outlet—for consistency (Claim 9, Line 3).
The phrase “support silica gel matching the cartridge support, heating strip silica gel, a heat-insulating foam, and lower cartridge casing silica gel gasket” should be changed to – a support silica gel matching the cartridge support, a heating strip silica gel, a heat-insulating foam, and a lower cartridge casing silica gel gasket—for consistency and to correct the grammatical error (Claim 10, Lines 2-4).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 states “an essential oil atomization and infrared light apparatus” (Line 1). This statement is indefinite because it is unclear if the infrared light components are positively claimed. It appears the applicant was trying to say they’re not positively claimed. However, Claim 1 only details components related to essential oil atomization and does not detail further on the components related to infrared light. Therefore, whether or not infrared light components are positively claimed cannot be determined. For examination purposes, the claim limitation will be interpreted as at least one component related to infrared light is involved and positively claimed.
Claims 2-10 are rejected for being dependent on rejected Claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (English Machine Translation of CN 218303807 U provided by Espacenet) in view of Feng (English Machine Translation of CN 115444725 A provided by Espacenet).
Regarding Claim 1, Yang discloses an electric massage comb (apparatus of Figs 1-3) with an essential oil atomization apparatus (81, Fig 3; smoke assembly includes essential oil cartridge 81 attached to 82, paragraph 0035; 81 includes cartridge shell, cartridge shell contains atomizer, paragraph 0036), comprising a main massage comb body (1, Figs 1-2), a control circuit board (3, Fig 3) disposed inside the main massage comb body (3 inside of 1, Fig 3), a cartridge body assembly (81, Fig 3), a teeth plate (5 and/or 6, Figs 1-2) at an outer side of the main massage comb body (6 on outer side of 1, Figs 1-2), and a sonic motor (22, Fig 3) for driving the teeth plate to vibrate (vibration assembly 2 includes 22, 22 is a sonic motor, paragraph 0031), wherein a spray outlet (outlet hole of the air outlet pipe, Fig 4 and paragraph 0035) for spraying mist is provided on the teeth plate part (outlet pipe blows out smoke and passes through 5 and 6, paragraph 0035), and the cartridge body assembly, the sonic motor, and the control circuit board are electrically connected (atomizer electrically connected to contact line, when 4 is pressed to turn on power, 81 begins to atomize, paragraph 0036; circuit electrically connects switch, smoke component, and vibration component, paragraph 0006), wherein the electric massage comb with the essential oil atomization apparatus further comprises an air pump (83, Figs 3-4; blows essential oils through air pump, paragraph 0028) that is disposed inside the main massage comb body (83 inside of 1, Fig 3) and that is interconnected to the cartridge body assembly through an air duct (air inlet pipe connected to 83 which supplies air to 81, paragraph 0035), wherein mist produced by the cartridge body assembly is transferred, through a straight-through hose (air outlet pipe, paragraph 0035) with pumping of the air pump, to the spray outlet part for spraying (driven by air, airflow folds back in 81 and passes through atomizer to form essential oil smoke, which is delivered to silicone air outlet tube, air outlet tube is connected to 5, combing the hair can achieve effect of essential oil hair care, paragraph 0037); and the teeth plate is connected to an output shaft (output shaft of 22 connected to 5, Fig 3) of the sonic motor and is driven by the sonic motor to vibrate (vibration assembly 2 includes 22, 22 is a sonic motor, paragraph 0031; 5 is tightly fixed to rotating shaft of 22, paragraph 0032; 5 would vibrate due to 22).
Yang fails to disclose an infrared light apparatus.
However, Feng, of the same field of endeavor, teaches a head therapy device (paragraph 0001) including an infrared light apparatus (70, Fig 2; far-infrared generator 70, 70 installed inside housing assembly 10 and positioned toward light transmitting area 1062, paragraph 0094) to irradiate the user’s scalp and hair to improve blood circulation, enhance metabolism of hair tissue cells making the hair more vibrant and smoother (paragraph 0094).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add an infrared light generator with light transmitting areas around the teeth plate, as taught by Feng, to irradiate the user’s scalp and hair to improve blood circulation, enhance metabolism of hair tissue cells making the hair more vibrant and smoother (Feng: paragraph 0094). This improvement would further enhance Yang’s purpose of beautifying the hair (Yang: paragraph 0003).
Regarding Claim 2, Yang-Feng combination teaches wherein an infrared light board, or infrared light beads, is further disposed in the main massage comb body, to deepen the mist into scalp with infrared light radiation (Feng: 70, Fig 2; far-infrared generator 70, 70 installed inside housing assembly 10 and positioned toward light transmitting area 1062, paragraph 0094; 1062 shown to be multiple light areas, Fig 3).
Regarding Claim 7, Yang-Feng combination teaches the teeth plate is connected to the output shaft of the sonic motor by using a screw (Yang: 5 has a grooved cylinder at its top, grooved cylinder passes through the through hole at bottom end of lower cover, 5 is tightly fixed to rotating shaft of 22, paragraph 0032; grooved cylinder is a form of screw); and the electric massage comb with the essential oil atomization and infrared light apparatus further comprises a protection cover (Yang: 7, Figs 1-2) at an outer side of the teeth plate (Yang: 7 on outer side of 6, Figs 1-2), a teeth magnet (magnets that cooperate with each other are provided on 6 and 7, paragraph 0034) is disposed on the teeth plate, a protection cover magnet (magnets that cooperate with each other are provided on 6 and 7, paragraph 0034) is disposed on the protection cover, the protection cover and the teeth plate stick to each other through the teeth magnet and the protection cover magnet (7 moveably connected to 6, magnets that cooperate with each other are provided on 6 and 7, protect 6 when not in use, paragraph 0034).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (English Machine Translation of CN 218303807 U provided by Espacenet) and Feng (English Machine Translation of CN 115444725 A provided by Espacenet) as applied to Claim 1, and in further view of Cai (English Machine Translation of CN 113712365 A provided by Espacenet).
Regarding Claim 3, Yang-Feng combination teaches the claimed invention of Claim 1. Yang-Feng combination also teaches the cartridge body assembly comprises a cartridge body (Yang: body of 81, Figs 3-5), an air inlet and an air outlet are provided on the cartridge body for a connection to the air pump and mist pumping (Yang: 81 shown to have an air inlet and air outlet that connects to 82, Fig 4).
Yang-Feng combination fails to teach a ceramic heating strip inside the cartridge body, and a ceramic heating strip support for fixedly disposing the ceramic heating strip.
However, Cai, of the same field of endeavor, teaches a heated comb (paragraph 0001) including a ceramic heating strip (23 and 27, Fig 8; 23 may be a ceramic part, paragraph 0034) inside the cartridge body (212, Fig 8), and a ceramic heating strip support (24, Fig 8) for fixedly disposing the ceramic heating strip (23 is fitted with 24, paragraph 0034) since ceramic is a known permeated material used with atomizing and having a seal ensures the sealing of the atomizing unit and avoids waste (paragraph 0034).
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 atomizer by adding a ceramic component and a support component within the cartridge body, as taught by Cai, since ceramic is a known permeated material used with atomizing and having a seal ensures the sealing of the atomizing unit and avoids waste (Cai: paragraph 0034). Ceramic is a known material that allows for the permeation of essential oils for atomization. Having a seal to go alongside the ceramic ensures that the essential oils, when atomized, are directed to the correct path and avoids leaks in the device.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (English Machine Translation of CN 218303807 U provided by Espacenet), Feng (English Machine Translation of CN 115444725 A provided by Espacenet), and Cai (English Machine Translation of CN 113712365 A provided by Espacenet) as applied to Claim 3, and in further view of Walcott (US 2022/0265024 A1).
Regarding Claim 4, Yang-Feng-Cai combination teaches the claimed invention of Claim 3. Yang-Feng-Cai combination also teaches a cartridge support (Yang: 82, Figs 2-5) for mounting the cartridge body assembly is further disposed in the cartridge body assembly (Yang: 81 is mounted into 82, Figs 2-5); and one end of the cartridge body is disposed with a lower cartridge casing (Yang: lower casing of 81 closest to 82, Fig 5), and the cartridge body assembly further comprises a conductive pin on the lower cartridge casing part (Yang: 82 equipped with conductive cartridge pin, 81 equipped with contact line that cooperates with conductive cartridge pin, paragraph 0036) for ensuring a conductive connection effect.
Yang-Feng-Cai combination fails to teach a magnet sheet.
However, Walcott, of the same field of endeavor, teaches a device that enables a user to add a product to the scalp (Abstract) including a magnet sheet (device 5 and its associated components like reservoir 20, handle 25, applicators 35 can be constructed using any suitable mechanism, one or more elements can be permanently or releasably joined together using magnets, paragraph 0071; magnets would need to be in the form of sheets to allow for releasable joining of parts, Figs 1a-1b) since this is a known way to releasably join a reservoir or cartridge.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add magnet sheets to the attaching part of the cartridge, as taught by Walcott, since this is a known way to releasably join a reservoir or cartridge. This would provide further securement of the cartridge so that it stays in place while it’s connected to the device.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (English Machine Translation of CN 218303807 U provided by Espacenet), Feng (English Machine Translation of CN 115444725 A provided by Espacenet), and Cai (English Machine Translation of CN 113712365 A provided by Espacenet) as applied to Claim 3, and in further view of Zelickson et al. (US 2014/0202493 A1).
Regarding Claim 9, Yang-Feng-Cai combination teaches the claimed invention of Claim 3. Yang-Feng-Cai combination also teaches an air inlet joint and an air outlet joint are disposed at the air inlet and the air outlet parts of the cartridge body respectively (Yang: 81 shows joint areas where these areas would join with 82, See annotated Fig 5 below).
Yang-Feng-Cai combination fails to teach straight-through hose joints are separately disposed at opening parts at two ends of the straight-through hose.
However, Zelickson, of the same field of endeavor and reasonably pertinent to the problem of connecting hoses to other components, teaches a device for providing elliptical path motion to skin (Abstract) including straight-through hose joints are separately disposed at opening parts at two ends of the straight-through hose (joints at 920 and 906 that connect to 914, Fig 28) since this is a known way to attach the conduits or tubes to connect a reservoir and delivery mechanism to a dispensing port..
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 outlet pipe of Yang to be removably connected to joints at the teeth plate 5 and 6 and 82 of Yang, as taught by Zelickson, since this is a known way to attach the conduits or tubes to connect a reservoir and delivery mechanism to a dispensing port. Zelickson teaches that the tubes and conduits can be made separable components and would obviously be connected through joints and connectors on the different components. This improvement would not only make manufacturing easier but would also make the tubes or pipes easier to replace, particularly after long term use. It is noted that Applicant has not specified that the air inlet and air outlet joints are separate, detachable components.
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Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (English Machine Translation of CN 218303807 U provided by Espacenet) and Feng (English Machine Translation of CN 115444725 A provided by Espacenet) as applied to Claim 1, and in further view of Zelickson et al. (US 2014/0202493 A1).
Regarding Claim 5, Yang-Feng combination teaches the claimed invention of Claim 1. Yang-Feng combination also teaches a vertical groove corresponding to the spray outlet is provided on the teeth plate (Yang: 5 would have a vertical groove to allow the outlet pipe to feed through 5 and 6, Figs 3-4; outlet pipe blows out smoke and passes through 5 and 6, paragraph 0035). Yang-Feng combination fails to teach a spray joint disposed at the vertical groove part, wherein the spray joint is interconnected to the cartridge body assembly through the straight-through hose.
However, Zelickson, of the same field of endeavor and reasonably pertinent to the problem of connecting hoses to other components, teaches a device for providing elliptical path motion to skin (Abstract) including a spray joint (920, Fig 28; the joint of 920 that connects to 914, Fig 28) disposed at the vertical groove part (930, Fig 28), wherein the spray joint is interconnected to the cartridge body assembly (904 and/or 906, Fig 28) through the straight-through hose (914, Fig 28) since this is a known way to attach the conduits or tubes to connect a reservoir and delivery mechanism to a dispensing port.
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 outlet pipe of Yang to be removably connected to a joint that connects to the groove of the teeth plate, as taught by Zelickson, since this is a known way to attach the conduits or tubes to connect a reservoir and delivery mechanism to a dispensing port. Zelickson teaches that the tubes and conduits can be made separable components and would obviously be connected through joints and connectors on the different components. This improvement would not only make manufacturing easier but would also make the tubes or pipes easier to replace, particularly after long term use.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (English Machine Translation of CN 218303807 U provided by Espacenet) and Feng (English Machine Translation of CN 115444725 A provided by Espacenet) as applied to Claim 1, and in further view of Crunick (US 2005/0192519 A1).
Regarding Claim 6, Yang-Feng combination teaches the main massage comb body comprises a top casing (Yang: top shell of 1, Fig 3) and a bottom casing (Yang: bottom shell of 1, Fig 3), and the teeth plate is disposed near the bottom casing (Yang: 5 and 6 shown to be at bottom of 1, Figs 2-3); the electric massage comb with the essential oil atomization and infrared light apparatus further comprises a motor press cover (Yang: 21, Fig 3) for delimiting the sonic motor (Yang: 22 is fixed to 1 by 21, paragraph 0031), wherein the motor press cover is connected to the bottom casing by using a screw (Yang: 22 is fixed to outer casing 1 by 21, paragraph 0031; 21 shown to be connected by screws that go through 1, Fig 3); and a motor holder (Yang: there would be a hole in 1 that allows output shaft of 22 to connect to 5, Figs 2-3) for accommodating the sonic motor is disposed on the bottom casing by one-piece molding (Yang: hole in 1 that allows output shaft of 22 to connect to 5 would be one-piece molded with 1, Figs 2-3), wherein a motor cushion (Yang: bottom 23, Fig 3; shock-absorbing pads, paragraph 0031) is disposed at an inner side of the motor holder (Yang: bottom 23 is disposed on the inner side of the hole in 1, Fig 3), and a motor cover cushion (Yang: top 23, Fig 3) at an inner side of the motor press cover (Yang: top 23 would be mounted on the inside side of 21, Fig 3).
Yang-Feng combination fails to explicitly teach a motor rubber cushion.
However, Crunick, reasonably pertinent to the problem of reducing noise on a vibrating motor, teaches electric motor assemblies (Abstract) including a motor rubber cushion (pressure-applying member puts pressure on the drive shaft to stabilize the drive shaft so that the motor assembly produces less noise when the weight rotates, paragraph 0007; the pressure-applying member (25) may be a piece of rubber or other similar shock-absorbing material, paragraph 0050) since rubber is a known material for stabilizing the drive shaft of a motor and for reducing noise (paragraphs 0007 and 0050).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use rubber for the motor cushions, as taught by Crunick, since rubber is a known material for stabilizing the drive shaft of a motor and for reducing noise (Crunick: paragraphs 0007 and 0050).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (English Machine Translation of CN 218303807 U provided by Espacenet) and Feng (English Machine Translation of CN 115444725 A provided by Espacenet) as applied to Claim 1, and in further view of Lee et al. (US 2022/0273086 A1) and Sugunan et al. (US 2015/0053227 A1).
Regarding Claim 8, Yang-Feng combination teaches the claimed invention of Claim 1. Yang-Feng combination also teaches a rechargeable battery assembly is further disposed inside the main massage comb body (Yang: rechargeable battery, paragraph 0013; 3 includes rechargeable battery, paragraph 0030).
Yang-Feng combination fails to teach a battery foam matching the rechargeable battery assembly; an indicator light cover on the main massage comb body and an indicator light main board at an inner side of the indicator light cover.
However, Lee, of the same field of endeavor, teaches a formulation dispensing assembly (Abstract) including an indicator light cover on the main massage comb body and an indicator light main board at an inner side of the indicator light cover (visual indicators 428 (e.g., LEDs) disposed along the reusable handle 406 indicate one or more of a remaining formulation quantity or a remaining battery life, e.g., based upon a dispensed time determined by the formulation routine module of the controller, paragraph 0081; 428, Fig 4; 428 would have both a cover and main board) to indicate the remaining quantity of substance or remaining battery life (paragraph 0081).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add indicator lights to the device in connection with the controller, as taught by Lee, to indicate the remaining quantity of substance or remaining battery life (Lee: paragraph 0081). This improvement would help the user to track the amount of essential oil remaining as well as the remaining battery life on the device. This ensures the device is maintained so that it operates properly.
Yang-Feng-Lee combination fails to teach a battery foam matching the rechargeable battery assembly.
However, Sugunan, of the same field of endeavor, teaches an apparatus for styling hair (Abstract) including a battery foam matching the rechargeable battery assembly (one or more power sources 284 can be disposed inside the housing 272 and secured in place using a packing material, for example, foam, paragraph 0088) to ensure the battery is secured in place (paragraph 0088).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add battery foam, as taught by Sugunan, to ensure the battery is secured in place (Sugunan: paragraph 0088).
Allowable Subject Matter
Claim 10 contains allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 10 is dependent on Claim 4 and discusses the cartridge body assembly comprises various silica gel components for each individual component of the assembly as well as a heat-insulating foam.
Prior art similar to the claimed invention are explained below.
Yang (English Machine Translation of CN 218303807 U provided by Espacenet) discusses a hair dressing comb. Regarding Claim 10, though Yang has the components of the cartridge body assembly, Yang lacks any mention of silica gel for each of the assembly’s components and the heat-insulating foam. The concept of utilizing silica gel in the prior art is not new; however, the instant claim requires silica gel for each of the particular components of the assembly. The prior art does not teach the use of multiple silica gel for the individual components of this type of cartridge body assembly and thus, modifying Yang with this silica gel arrangement would be hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN THAI-BINH KHONG whose telephone number is (571)272-1857. The examiner can normally be reached Monday to Thursday 9:00 am-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN T KHONG/Examiner, Art Unit 3785
/PAIGE KATHLEEN BUGG/Primary Examiner, Art Unit 3785
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