CTNF 18/715,784 CTNF 96248 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-29-01 AIA Claim s 1, 3-5, and 14-15 are objected to because of the following informalities: Claim 1&14-15, recites “the vibration sensors” should be “the one or more vibration sensors”. Claims 3-5, 14-15 recites “the bristles” should be “the plurality of bristles” . Appropriate correction is required. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a hair characteristic determination unit in claim 1. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim 1 recites “a hair characteristic determination unit”. The limitation is interpreted under 35 USC 112(f) as determining the acceleration values of the bristles by vibrations and equivalents thereof, to accomplish the claimed function (see at least [Pg. 4, Lines 14-17] of the specification of the instant application). Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-23 Claim limitation “a hair characteristic determination unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specifications and drawings fail to disclose the structures on how the hair characteristic determination unit determines the hair characteristics. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. 07-34-01 Claims 1-15 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 recites “the vibration measurement”. There is insufficient antecedent basis for this limitation in the claim. For purpose of examination examiner interprets the limitation as a vibration measurement Claim 5 recites “the acceleration value”. There is insufficient antecedent basis for this limitation in the claim. For purpose of examination examiner interprets the limitation as an acceleration value. Claim 7 recites “the brushing velocity”. There is insufficient antecedent basis for this limitation in the claim. For purpose of examination examiner interprets the limitation as a brushing velocity. Claims 2-4, 6, and 8-15 are rejected due to being dependent upon a rejected claim. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-9 and 11-15 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Charraud (2019/0209078) . Regarding Claim 1, Charraud teaches An apparatus (Fig. 1) for accessing a hair characteristic while brushing hair of a subject ([Abstract], Fig. 1), wherein the apparatus comprises: a vibration measurement providing unit (Ref. 151, Fig. 1) for providing a vibration signal indicative of a result of the vibration measurement ([0086]) performed by one or more vibration sensors (Ref. 151&161, Fig. 1) integrated into a hairbrush (Ref. 105, fig. 1) comprising a plurality of bristles (Ref. 113, Fig. 1), wherein the vibration measurement is performed by the vibration sensors during a brushing of the hair using the hairbrush and are indicative of vibrations of the plurality of the bristles of the hairbrush during the brushing ([0086]), and a hair characteristic determination unit (Ref. 171, Fig. 1) for determining the hair characteristic based on the vibration signal ([0043&0045, 0055]). Regarding Claim 2, Charraud teaches the limitations of claim 1, as described above, and further teaches wherein the determined hair characteristic refers to a hair quality ([0043&0061]). Regarding Claim 3, Charraud teaches the limitations of claim 1, as described above, and further teaches wherein the hair characteristics determination unit (171) is adapted to determine the hair characteristic based on a measured acceleration value of the bristles provided by the vibration signal ([0061&0086] describes using acceleration value of the vibrations to help determine the hair characteristics). Regarding Claim 4, Charraud teaches the limitations of claim 3, as described above, and further teaches wherein the hair characteristic determination unit (171) is adapted to determine an average value of the acceleration value of the bristles of a brushing stroke ([0061&0086] describe determining acceleration of bristles during brushing stroke) and further to determine a deviation value indicative of the deviation of the acceleration values of the bristles of a brushing stroke from the average acceleration value of the bristles of that brushing stroke ([0046]) and to determine the hair characteristic based on the deviation value ([0061]). Regarding Claim 5, Charraud teaches the limitations of claim 1, as described above, and further teaches wherein the hair characteristic determination unit (171) is adapted to apply a second integration over time to the acceleration value of the bristles provided by the vibration measurement and to determine the hair characteristic based on the resulting second integrated signal ([0039&0061] describes using vibration sensing (151) to help determine hair density over a certain area over time). Regarding Claim 6, Charraud teaches the limitations of claim 5, as described above, and further teaches wherein the characteristic determination unit (171) is adapted to determine for a maximum and/or minimum of the second integrated signal a span width of the second integrated signal and to determine the hair characteristic based on the determined span width ([0055&0061]). Regarding Claim 7, Charraud teaches the limitations of claim 1, as described above, and further teaches wherein the apparatus (Fig .1) further comprises a velocity signal providing unit (Ref. 153, Fig. 1, examiner notes a gyroscope measure angular velocity) for providing a velocity signal generated by a velocity sensor ([0056]) integrated into the hairbrush (Fig. 1), wherein the velocity signal is indicative for the brushing velocity, and wherein the hair characteristic determination unit is adapted to determine the hair characteristics further based on the velocity signal ([0061&0068]). Regarding Claim 8, Charraud teaches the limitations of claim 1, as described above, and further teaches wherein the apparatus further comprises a rotation signal providing unit for providing a rotation signal generated by a rotation sensor (Ref. 153, Fig. 1, [0056]) integrated into the hairbrush(Fig. 1), wherein the rotation signal is indicative of a degree of rotation of the hairbrush during the brushing ([0056] describes sensing orientation such as rotation of the hairbrush during brushing), and wherein the hair characteristic determination unit is adapted to determine the hair characteristic further based on the rotation signal ([0061]). Regarding Claim 9, Charraud teaches A hairbrush (Fig. 1) for accessing a hair characteristic while brushing hair of a subject ([0061]), wherein the hairbrush comprises: a plurality of bristles (Ref. 113, fig. 1), and one or more vibration sensors (Ref. 151, Fig. 1, [0086]) integrated into the hairbrush (Fig. 1) such that the one or more vibration sensors (151) measure a vibration signal indicative of vibrations of the bristles of the hairbrush ([0086]). Regarding Claim 11, Charraud teaches the limitations of claim 9, as described above, and further teaches wherein the hairbrush (fig. 1) further comprises a velocity sensor adapted to measure a velocity signal indicative of a velocity of the hairbrush and/or a rotation sensor (Ref. 153, Fig. 1, examiner notes a gyroscope measures orientation, [0056]) adapted to measure a rotation signal indicative of a degree of rotation of the hairbrush ([0056]). Regarding Claim 12, Charraud teaches a hairbrush system (Fig. 1) for accessing a hair characteristic while brushing hair of a subject ([0061]), wherein the system comprises: a hairbrush (Ref. 105, Fig. 1) comprising a plurality of bristles (Ref. 113, Fig. 1), and an apparatus according to claim 1 (see rejection of claim 1 above). Regarding Claim 13, Charraud teaches the limitations of claim 12, as described above, and further teaches wherein the hairbrush system further comprises a user interface (Ref. 101, Fig. 1), wherein the apparatus is communicatively coupled to the user interface to provide a result of the hair characteristic determination to a user ([0053]). Regarding Claim 14, Charraud teaches a method for accessing hair characteristic while brushing hair of a subject ([0061]), wherein the method comprises: providing a vibration signal indicative of a result of a vibration measurement ([0086]) performed by one or more vibration sensors (one or more vibration sensors (Ref. 151&161, Fig. 1) integrated into a hairbrush (Ref. 105, Fig. 1) comprising a plurality of bristles (Ref. 113, Fig. 1), wherein the vibration measurements are performed by the vibration sensors (151&161) during a brushing of the hair using the hairbrush ([0061]) and are indicative of vibrations of the bristles of the hairbrush during the brushing ([0086]), and determining a hair characteristic based on the vibration signal ([0061]). Regarding Claim 15, Charraud teaches a computer program product (Ref. 103, Fig. 1) for accessing a hair characteristic ([0052]), wherein the computer program product comprises program code for causing an apparatus to execute the method according to claim 14 ([0052], See rejection of claim 14 above) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-22-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Charraud as applied to claim 9 above, and further in view of Akira (JP2005286888A) . Regarding Claim 10, examiner notes the claim seems to be a method step in an apparatus claim and the product does not depend on its method of production for patentability. However, Charraud teaches the vibration sensors are integrated into the hairbrush ([0042] Fig. 1) connected to the bristles (Fig. 1, [0086]). Akira specifically teaches the known use of a silicon based adhesive to adhere a vibration sensor to a surface ([Background-Art]) and can be considered analogous art because it is reasonably pertinent to the problem faced by the inventor to attach vibration sensors to a surface. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the vibration sensors, as taught by Charraud, attached to the bristles and surfaces with a silicone adhesive, as taught by Akira, as it is old and well known that vibration sensors can be adhered to surfaces with silicon based adhesives and since such a modification is merely an alternate equivalent structure to attach a vibration structure . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Balooch (2018/0184796) and Hutchings (2015/0342515) teaches hairbrushes with sensors and controllers to identify hair characteristics and can be considered analogous art because they are within the same field of endeavor . Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA L POON whose telephone number is (571)272-6164. The examiner can normally be reached on General: 6:30AM-3:30PM. 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, David Posigian can be reached on (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppairmy.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANA LEE POON/Examiner, Art Unit 3723 Application/Control Number: 18/715,784 Page 2 Art Unit: 3723 Application/Control Number: 18/715,784 Page 3 Art Unit: 3723 Application/Control Number: 18/715,784 Page 4 Art Unit: 3723 Application/Control Number: 18/715,784 Page 5 Art Unit: 3723 Application/Control Number: 18/715,784 Page 6 Art Unit: 3723 Application/Control Number: 18/715,784 Page 7 Art Unit: 3723 Application/Control Number: 18/715,784 Page 8 Art Unit: 3723 Application/Control Number: 18/715,784 Page 9 Art Unit: 3723 Application/Control Number: 18/715,784 Page 11 Art Unit: 3723
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