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 .
Election/Restrictions
Applicant’s election without traverse of claims 16-24 in the reply filed on 8/3/26 is acknowledged.
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.
Claim 16, 24, 33-36 and 38 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by the US Patent 2017/0273423 to Mason.
In Reference to Claim 16
Mason discloses a hair care accessory, comprising: an elongate hollow body (Fig. 2a, annotated by the examiner) having a first end (Fig. 2a, 64) and second end (Fig. 2a, 66) opposite the first end, and a fluid flow path (The internal flow path in the body) extending therebetween, the elongate hollow body including a primary inlet (Fig. 2a, 20) at the first end and a plurality of outlets spaced circumferentially around and extending longitudinally along the elongate hollow body, the plurality of outlets (Fig. 2a, annotated by the examiner) defined by a substantially straight longitudinal edge of at least one cover of a plurality of covers (Fig. 2a, 52) positioned circumferentially around and extending along a frame of the elongate hollow body.
In Reference to Claim 24
Mason discloses the frame has a first diameter at a first end (Fig. 2a, 64) thereof and a second diameter at a second end (Fig. 2a, 66) thereof, the second diameter smaller than the first diameter.
In Reference to Claim 33
Mason discloses the plurality of outlets include at least one vane (Fig. 2a, 102) and at least one channel (the channels between vane 102) configured to divert a fluid flowing along the fluid flow path circumferentially around the elongate hollow body.
In Reference to Claims 34 and 35
Mason discloses the at least one vane (Fig. 2a, 102) is disposed inward (As showed in Fig. 2) at the plurality of outlets and configured to guide the fluid exiting the plurality of outlets circumferentially (As showed in Fig. 2, the curved surface of the outlet plate will follow the inner surface of the plate) around the elongate hollow body.
In Reference to Claim 36
Mason discloses a height of the at least one vane defines a height of the plurality of outlets. (As showed in Fig. 2a, since the channel is formed by vanes, therefore the height of the outlets is defined by vanes)
In Reference to Claim 38
Mason discloses an appliance mating portion (Fig. 18, the connection between the 240 and 220) adjacent to the first end of the elongate hollow body and configured to couple the elongate hollow body to a hair care appliance.
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Allowable Subject Matter
Claims 17-19, 25-32 and 37 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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DEMING . WAN
Examiner
Art Unit 3762
/DEMING WAN/Primary Examiner, Art Unit 3762