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 .
Application Status
Claims 1-10 are pending and have been examined in this application.
This communication is the first action on the merits.
An information disclosure statement (IDS) has been filed on 04/12/2024 and reviewed by the Examiner.
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.
(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 1-6 are rejected under 35 U.S.C. 102(A)(1)/(2) as being anticipated by Shen et al. (CN 113383720).
In regard to claim 1, Shen et al. discloses an adjustable grooming structure, comprising: a shell and a plurality of grooming units installed on the shell for grooming a pet and collecting pet hair (Figs. 1-13 and Translated Specification Page 4 lines 16 – Page 6 line 17, where there is an adjustable grooming structure with a shell 3 and a plurality of grooming units 2 installed on the shell 3 for grooming a pet (cat) and collecting pet hair), wherein the shell is provided with a pathway for the pet to pass through, and an adjustment unit is arranged on the shell to allow movement of the grooming units towards or away from a center of the pathway (Figs. 1-13 and Translated Specification Page 4 lines 16 – Page 6 line 17, where the shell 3 is provided with a pathway for the pet to pass through and where there is an adjustment unit 1 arranged on the shell 3 to allow movement of the grooming units 2 towards or away from a center of the pathway (“a ring gear driving telescopic comb”)).
In regard to claim 2, Shen et al. discloses the adjustable grooming structure of claim 1, wherein the adjustment unit comprises a cam plate, the cam plate is provided with working curves matched with the grooming units, and the grooming units abut against the working curves on the cam plate (Figs. 1-13 and Translated Specification Page 4 lines 16 – Page 6 line 17, where the adjustment unit comprises a cam plate 101 with working curves (curved portions which move the grooming units) matched with the grooming units 2 and where the grooming units 2 at least abut against the working curves on the cam plate 101 (to enable extension and retraction of the grooming units)).
In regard to claim 3, Shen et al. discloses the adjustable grooming structure of claim 1, wherein the plurality of grooming units are provided to be distributed on one side of the pathway of the shell (Figs. 1-13 and Translated Specification Page 4 lines 16 – Page 6 line 17, where the plurality of grooming units 2 are at least distributed on one side of the pathway (section of hollow opening) of the shell 3).
In regard to claim 4, Shen et al. discloses the adjustable grooming structure of claim 3, wherein elastic members are arranged between the grooming units and the shell (Figs. 1-13 and Translated Specification Page 4 lines 16 – Page 6 line 17, where elastic members (springs 5) are arranged between the grooming units 2 and the shell 3).
In regard to claim 5, Shen et al. discloses the adjustable grooming structure of claim 1, wherein the shell is hollow, and there are two groups of grooming units respectively located on two sides of the shell (Figs. 1-13 and Translated Specification Page 4 lines 16 – Page 6 line 17, where the shell 3 is hollow and where there are two groups of grooming units 2 respectively located on two sides of the shell 3 (see Fig. 4)).
In regard to claim 6, Shen et al. discloses the adjustable grooming structure of claim 5, wherein the two groups of grooming units on the two sides of shell are arranged in a staggered manner (Figs. 1-13 and Translated Specification Page 4 lines 16 – Page 6 line 17, where the two groups of grooming units 2 on the two sides of shell 3 are arranged in a staggered manner (see Fig. 4)).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shen et al. (CN 113383720) in view of Sang (CN 110050720).
In regard to claim 7, Shen et al. discloses the adjustable grooming structure of claim 2, further comprising a driving unit for driving the adjustment unit to rotate wherein the driving unit comprises a wheel, a motor, and a gear; the motor is configured to drive the gear to rotate, and in turn, rotate the wheel which is connected to the cam plate (Figs. 1-13 and Translated Specification Page 4 lines 16 – Page 6 line 17, where “a motor and a gear; the control plate controls the motor to work according to the manual input signal or sensing information; the motor drives the gear to rotate; the gear is engaged with the driving gear ring 1 so as to drive the driving gear ring 1 to rotate; when the driving gear ring 1 rotates, the arc convex structure 101 drives the comb assembly 2 to move along the axial direction”). Shen et al. is silent on a driving unit comprising a worm wheel, a worm and a motor, the motor is configured to drive the worm to rotate, wherein the worm wheel is meshed with the worm. Sang discloses a driving unit comprising a worm wheel, a worm and a motor, the motor is configured to drive the worm to rotate, wherein the worm wheel is meshed with the worm (Figs. 1-7 and Translated Specification Page 3 line 24 – Page 4 line 31, where there is a driving unit comprising a worm wheel 3, a worm 9 and a motor 91 and where the motor 91 is at least configured to drive the worm 9 to rotate the worm wheel 3 (via a meshed gear connection)). Shen et al. and Sang are analogous because they are from the same field of endeavor which include pet care devices. 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 device body of Shen et al. such that a driving unit comprising a worm wheel, a worm and a motor, the motor is configured to drive the worm to rotate, wherein the worm wheel is meshed with the worm in view of Sang. The motivation would have been to utilize a simple and well known driving mechanism to move the wheel forward and backward. Worm and worm wheel mechanisms require relatively simple mechanics, and therefore would be relatively easy to replace or repair in case of damage.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shen et al. (CN 113383720) in view of Han (CN 112273267).
In regard to claim 8, Shen et al. discloses the adjustable grooming structure of claim 1. Shen et al. is silent on wherein each of the grooming units comprises a collecting box and a grooming roller, two ends of the collecting box are provided with openings, and the grooming roller is rotatably arranged in one of the openings of the collecting box; and the grooming roller is provided with a plurality of dehairing brushes along an circumference of the grooming roller, hair removal brushes are arranged in the collecting boxes, and the dehairing brushes and the hair removal brushes are enabled to make contact by rotating the grooming roller. Han discloses the grooming unit comprises a collecting box and a grooming roller, two ends of the collecting box are provided with openings, and the grooming roller is rotatably arranged in one of the openings of the collecting box (Figs. 1-2 and Translated Specification Page 4 line 30 – Page 5 line 29, where the grooming unit comprises a collecting box and a grooming roller, two ends of the collecting box are provided with openings, and the grooming roller is rotatably arranged in one of the openings of the collecting box); and the grooming roller is provided with a plurality of dehairing brushes along an circumference of the grooming roller, hair removal brushes are arranged in the collecting boxes, and the dehairing brushes and the hair removal brushes are enabled to make contact by rotating the grooming roller (Figs. 1-2 and Translated Specification Page 4 line 30 – Page 5 line 29, where the grooming roller is provided with a plurality of dehairing brushes along an circumference of the grooming roller, hair removal brushes are arranged in the collecting boxes, and the dehairing brushes and the hair removal brushes are enabled to make contact by rotating the grooming roller). Shen et al. and Han are analogous because they are from the same field of endeavor which include hair removal devices. 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 device body of Shen et al. such that each of the grooming units comprises a collecting box and a grooming roller, two ends of the collecting box are provided with openings, and the grooming roller is rotatably arranged in one of the openings of the collecting box; and the grooming roller is provided with a plurality of dehairing brushes along an circumference of the grooming roller, hair removal brushes are arranged in the collecting boxes, and the dehairing brushes and the hair removal brushes are enabled to make contact by rotating the grooming roller in view of Han, since the dehairing and hair collection mechanism of Han could be used with the grooming units of Shen et al. The motivation would have been to have a mechanism for removing hair from the comb teeth and collecting it for disposal.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shen et al. (CN 113383720) in view of Han (CN 112273267) as applied to claim 8, and further in view of Deng (CN 112931282).
In regard to claim 9, Shen et al. as modified by Han discloses the adjustable grooming structure of claim 8. Shen et al. as modified by Han is silent on an outer side of the grooming roller is connected to a baffle in an axial direction of the grooming roller. Deng disclose an outer side of the grooming roller is connected to a baffle in an axial direction of the grooming roller (Fig. 2 and Translated Specification Page 4 line 14 – Page 5 line 10, where an outer side of the grooming roller 2 is connected to a baffle 21 in an axial direction of the grooming roller 2). Shen et al. and Deng are analogous because they are from the same field of endeavor which include pet care devices. 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 device body of Shen et al. as modified by Han such that an outer side of the grooming roller is connected to a baffle in an axial direction of the grooming roller in view of Deng. The motivation would have been to have a mechanism to remove debris from the hair (element 21 at least assists in removing excess debris on the pet’s hair), in between strokes of the brush teeth onto the pet.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Shen et al. (CN 113383720) in view of Han (CN 112273267) as applied to claim 8, and further in view of Huang (U.S. Pub. 20200329856)
In regard to claim 10, Shen et al. as modified by Han discloses the adjustable grooming structure of claim 8. Shen et al. as modified by Han is silent on wherein the grooming roller is connected to plates of comb teeth, a plurality of comb teeth bent to the same side are connected to each of the plates of comb teeth. Huang discloses the grooming roller is connected to plates of comb teeth, a plurality of comb teeth bent to the same side are connected to each of the plates of comb teeth (Figs. 1-7 and Paragraph [0033], where the grooming roller is connected to plates 2211 of comb teeth and where a plurality of comb teeth 2212 bent to the same side are connected to each of the plates 2211 of comb teeth). Shen et al. and Huang are analogous because they are from the same field of endeavor which include pet care devices. 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 device body of Shen et al. as modified by Han such that the grooming roller is connected to plates of comb teeth, a plurality of comb teeth bent to the same side are connected to each of the plates of comb teeth in view of Huang. The motivation would have been to have comb teeth pointing in the direction “the same as the rotation direction of the roller 20 so as to achieve a better hair combing effect” (Huang, Paragraph [0033]).
Shen et al. as modified by Han is silent on the comb teeth are elastic. 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 device body of Shen et al. as modified by Han to have the comb teeth be elastic, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331. The motivation would have been to use a material which is not stiff and irritating for the pet’s skin. Using a flexible, well known material such as rubber, would lend to a more comfortable experience for the pet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of pet care devices.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647