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 Rejections - 35 USC § 102
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, 4-6, 9, 11-12, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nicholson et al (U.S. Publication No. 2017/0273428 A1, hereinafter “Nicholson”).
PNG
media_image1.png
476
524
media_image1.png
Greyscale
PNG
media_image2.png
282
624
media_image2.png
Greyscale
In regard to claim 1, Nicholson teaches an attachment (10 in Figs. 1-8) for a haircare appliance (Abstract) comprising:
an inlet (12 in Fig. 1) for receiving an airflow (para. 0056);
a body (body in annotated Fig. 1) comprising one or more pairs of outlets (97 and 95 in Fig. 6a), each pair of outlets comprising:
a first outlet and a second outlet (annotated Fig. 6a); and
a valve (16 and 18 in annotated Fig. 6a) moveable relative to the body between a first position in which the valve occludes the first outlet of each pair of outlets and the airflow is discharged from the second outlet of each pair of outlets (Figs. 6a-6b, para. 0073-0075), and a second position in which the valve occludes the second outlet of each pair of outlets and the airflow is discharged from the first outlet of each pair of outlets (Figs. 6c-6d, paras. 0076-0079),
wherein the valve of each pair of outlets comprises a sealing element (34 and 35 in Figs. 6b and 6d, paras. 0074 and 0076) that contacts the body at a position between the first and second outlets of each pair of outlets (Figs. 6a-6c).
PNG
media_image3.png
373
710
media_image3.png
Greyscale
In regard to claim 2, Nicholson discloses the invention of claim 1. Nicholson further discloses wherein the body comprises spines that project inwardly (spines in annotated Fig. 5a, see 46 in Fig. 2), and, for each pair of outlets (97 and 95 in Fig. 6a), the sealing element abuts a first spine (first spine in annotated Fig. 5a) when the valve is the first position to occlude the first outlet (34 and 35 in Figs. 6b and 6d abut neck 93 of the baffle 46, paras. 0074 and 0076), and the sealing element abuts a second spine (second spine in annotated Fig. 5a) when the valve is in the second position to occlude the second outlet (34 and 35 in Figs. 6b and 6d abut neck 93 of the baffle 46, paras. 0074 and 0076).
PNG
media_image4.png
395
692
media_image4.png
Greyscale
In regard to claim 4, Nicholson discloses the invention of claim 1. Nicholson further discloses wherein the sealing element (34 and 35 in annotated Fig. 6a) comprises a first lip seal and second lip seal (indentations 36 in Fig. 2 on 34 and 35, para. 0075) for each of the pair of outlets (para. 0060), the first lip seal contacts the body at a first sealing position between the first and second outlets when the valve is in the first position (Fig. 6b), and the second lip seal contacts the body at a second sealing position between the first and second outlets when the valve is in the second position (Fig. 6d).
In regard to claim 5, Nicholson discloses the invention of claim 4. Nicholson further discloses wherein the valve moves in a first direction when moving to the first position (Figs. 6a-6b), and moves in a second opposite direction when moving to the second position (Figs. 6c-6d, para. 0072), and wherein the first lip seal is angled rearwardly relative to the first direction (Fig. 6b) and the second lip seal is angled rearwardly relative to the second direction (Fig. 6d).
In regard to claim 6, Nicholson discloses the invention of claim 1. Nicholson further discloses wherein the body (body in annotated Fig. 1) comprises a projection (93 in Figs. 6b and 6d) that projects inwardly towards the valve (Figs. 6b and 6d, para. 0075), and the projection is located at position between the first and second outlets (Figs. 6b and 6d).
In regard to claim 9, Nicholson discloses the invention of claim 1. Nicholson further discloses wherein the valve (16 and 18 in annotated Fig. 6a) rotates relative to the body between the first position and the second position (Figs. 6a-6d, para. 0072).
In regard to claim 11, Nicholson discloses the invention of claim 1. Nicholson further discloses wherein the attachment has a longitudinal axis (axis in annotated Fig. 1) and each of the outlets (97 and 95 in Fig. 6a) extends parallel to the longitudinal axis (Fig. 1 and Fig. 3).
In regard to claim 12, Nicholson discloses the invention of claim 1. Nicholson further discloses wherein the airflow is discharged from the first outlet (97 in Fig. 6c) in a clockwise direction (Fig. 6c), and from the second outlet (95 in Fig. 6a) in a counterclockwise direction (Fig. 6a).
In regard to claim 16, Nicholson discloses the invention of claim 1. Nicholson further discloses a haircare appliance (104 in Fig. 8) comprising a blower for generating an airflow (para. 0091), and an attachment as claimed in claim 1 (see above rejection of claim 1).
Claims 1, 13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marthinsen et al (U.S. Patent No. 8,782,920 B2, hereinafter “Marthinsen”).
PNG
media_image5.png
704
552
media_image5.png
Greyscale
In regard to claim 1, Marthinsen discloses an attachment for a haircare appliance (Figs. 1-3b, col. 4 lines 14-15, the device can be attached to an external appliance) comprising:
an inlet (5 in Fig. 3b) for receiving an airflow (col. 2 line 38);
a body (4 in Fig. 1) comprising one or more pairs of outlets, each pair of outlets comprising:
a first outlet (3 in Fig. 3b) and a second outlet (2 in Fig. 3b, col. 2 lines 40-41); and
a valve (12 in Fig. 3b) moveable relative to the body between a first position (Fig. 3a) in which the valve occludes the first outlet of each pair of outlets and the airflow is discharged from the second outlet of each pair of outlets (Fig. 3a, col. 3 lines 45-51), and a second position (Fig. 3b) in which the valve occludes the second outlet of each pair of outlets and the airflow is discharged from the first outlet of each pair of outlets (Fig. 3b, col. 3 lines 52-54),
wherein the valve of each pair of outlets comprises a sealing element (sealing element in annotated Fig. 3b) that contacts the body at a position between the first and second outlets of each pair of outlets (Fig. 3b).
In regard to claim 13, Marthinsen discloses the invention of claim 1. Marthinsen further discloses wherein the attachment comprises a user-actuated selector (10 in Fig. 3b) for moving the valve between the first position and the second position (col. 3 lines 43-45).
In regard to claim 15, Marthinsen discloses the invention of claim 13. Marthinsen further discloses wherein the selector (10 in Fig. 3b) is bi-stable and has two stable positions (one position corresponds to allowing air to flow out through 2nd outlet (Fig. 3a), and other position corresponds to allowing air to flow out through 1st outlet (Fig. 3b), col. 2 lines 62-col. 3 line 5, the positions are stable as col. 2 lines 62-65 state the air flow direction is controlled to either the first or second position and not an in-between position) corresponding to the first and second positions of the valve (col. 3 lines 38-45, valve directs airflow to either upper or lower outlet).
Claim Rejections - 35 USC § 103
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.
Claims 1 and 7-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Barns et al (U.S. Patent No. 4,602,146 A, hereinafter “Barns”) in view of Marthinsen.
PNG
media_image6.png
452
784
media_image6.png
Greyscale
In regard to claim 1, Barns discloses an attachment for a haircare appliance (Abstract, Figs. 1-5) comprising:
an inlet for receiving an airflow (inlet in annotated Fig. 2);
a body (body in annotated Fig. 2) comprising one or more pairs of outlets (30 in Fig. 1 and outlet 1 in annotated Fig. 4), each pair of outlets comprising:
a first outlet (outlet 1 in annotated Fig. 4) and a second outlet (30 in Fig. 1); and
a valve (34 and 36 in Fig. 4) moveable relative to the body between a first position (Fig. 4) in which the valve occludes the first outlet of each pair of outlets and the airflow is discharged from the second outlet of each pair of outlets (Fig. 4, col. 3 lines 8-22), and a second position (Fig. 2) in which the valve occludes the second outlet of each pair of outlets and the airflow is discharged from the first outlet of each pair of outlets (col. 3 lines 3-9),
Barns does not disclose wherein the valve of each pair of outlets comprises a sealing element that contacts the body at a position between the first and second outlets of each pair of outlets.
Marthinsen teaches wherein the valve (12 in Fig. 3b) comprises a sealing element (sealing element in annotated Fig. 3b) that contacts the body at a position between the first and second outlets of each pair of outlets (Fig. 3b).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair drying device attachments. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the valve of the pair of outlets of Barns by adding a sealing element that contacts the body at a position between the first and second outlets of each pair of outlets as taught by Marthinsen in order to allow for optimizing of flow speed and reduction of noise (Marthinsen col. 3 lines 49-52).
In regard to claim 7, Barns in view of Nicholson discloses the invention of claim 1. Barns further discloses wherein the valve comprises a plurality of openings (openings in annotated Fig. 2) through which the airflow passes (Fig. 3, col. 3 lines 7-9), the openings align with the second outlets when the valve is in the first position (Fig. 4, col. 3 lines 18-22), and the openings align with the first outlets when the valve is in the second position (Fig. 2, col. 3 lines 7-9).
In regard to claim 8, Barns in view of Nicholson discloses the invention of claim 7. Barns further discloses wherein the valve (34 and 36 in Fig. 4) comprises an opening (openings in annotated Fig. 2) for each pair of outlets, each opening aligns with a second outlet of one of the pairs of outlets when the valve is in the first position (Fig. 4, col. 3 lines 18-22), and each opening aligns with a first outlet of another of the pairs of outlets when the valve is in the second position (Fig. 2, col. 3 lines 7-9).
In regard to claim 10, Barns in view of Nicholson discloses the invention of claim 1. Barns further discloses wherein the body (body in annotated Fig. 2) and the valve (34 and 36 in Fig. 2) are each cylindrical in shape (Figs. 1-3).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Marthinsen in view of Da Silva (U.S. Patent No. 4,525,623 A).
In regard to claim 14, Marthinsen discloses the invention of claim 13. Marthinsen does not disclose wherein the selector comprises a dial that rotates to move the valve between the first position and the second position.
Da Silva teaches an apparatus (Figs. 1-2) comprising a user-actuated selector (31 in Fig. 2) for moving a valve (13 and 15 in Fig. 2) wherein the selector comprises a dial (col. 2 line 65) that rotates to move the valve between a first position and a second position (col. 3 lines 19-32).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair drying devices. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the selector of Marthinsen by specifying the selector comprises a dial that rotates to move the valve between the first position and the second position as taught by Da Silva in order to allow for adjustment of the airflow as desired by turning the selector (Da Silva col. 1 lines 48-50) which allows for tactile and visual indication of the current valve position (Da Silva Fig. 2).
Allowable Subject Matter
Claim 3 is 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.
Response to Arguments
Applicant's arguments filed 18 February 2026 have been fully considered but they are not persuasive.
In regard to the rejections of claims 1, 4-6, 9, 11, 12, and 16 under 35 U.S.C. 102(a)(1) as being anticipated by Nicholson, the rejections of claims 1, 13, and 15 under 35 U.S.C. 102(a)(1) as being anticipated by Marthinsen, the rejection of claims 1, 7, 8, and 10 under 35 U.S.C. 103 as being unpatentable over Barns in view of Marthinsen, and the rejection of claim 14 under 35 U.S.C. 103 as being unpatentable over Marthinsen in view of Da Silva, Applicant argues that none of Nicholson, Marthinsen, Barns, or Da Silva disclose or suggest the configuration of amended claim 1. Applicant argues that reference numerals 34 and 35 in Nicholson identify inner side faces of the first and second hair-engaging members, and are not a sealing element and do not contact the valve body at a position between two outlets. Applicant argues that therefore, Nicholson does not disclose a sealing element located between two outlets of a pair, a sealing interface positioned between such outlets or any structure that would block or seal flow between two outlets in the manner required by amended claim 1, as Nicholson's structures are directed to hair-engaging members and their inner faces, which serve a guiding function and not a sealing function relative to a valve body. Applicant argues that Marthinsen, Barns, or Da Silva do not disclose this limitation.
Examiner notes that in the above rejection, Nicholson discloses wherein the valve of each pair of outlets comprises a sealing element (34 and 35 in Figs. 6b and 6d, paras. 0074 and 0076) that contacts the body at a position between the first and second outlets of each pair of outlets (Figs. 6a-6c); elements 34 and 35 are sealing elements as Nicholson discloses that the elements 34 and 35 form a flush, air-tight contact (paras. 0073-0074 for Figs. 6a-6b; para. 0079 discloses the airflow outlets are opened and closed in the process) which contacts the body (Figs. 6a-6c; abuts the spines of the body, see Fig. 5a and rejection of claim 2 above) between the first and second outlets (97 and 95 in Fig. 6A). Applicant is directed to the above rejection in view of the amendments.
Applicant argues that Marthinsen does not teach a valve comprising a sealing element that contacts the valve body at a position between the first and second outlets of each pair of outlets, as throttle 12 of Marthinsen is disclosed as an airflow-directing component which moves to direct airflow between different flow paths. Applicant argues that as shown in Fig. 3a, the throttle does not cover, block, or seal an outlet; rather, it redirects airflow, and Fig. 3b shows the throttle positioned to guide airflow toward a selected passage. Applicant argues that throttle 12 is not a sealing element, does not contact the valve body in a manner that forms a seal, is not positioned between first and second outlets of a pair to seal one from the other, and shown in Fig. 3b, throttle 12 allows airflow to be redirected, not sealed to reduce leaking. Applicant argues that a sealing element, as recited in amended claim 1, requires contact with the valve body to block flow between outlets, and Marthinsen's throttle performs flow direction and not sealing.
Examiner notes that Applicant’s arguments are narrower than the claim limitation of amended claim 1. Examiner notes that according to the Merriam-Webster dictionary, a valve is defined as “any of numerous mechanical devices by which the flow of liquid, gas, or loose material in bulk may be started, stopped, or regulated by a movable part that opens, shuts, or partially obstructs one or more ports or passageways, and also, the movable part of such a device (Merriam-Webster, definition 1a on p. 1). Element 12 of Marthinsen acts as a valve by occluding one of the two outlets 2 and 3 to regulating the flow of gas between the outlets (see annotated Fig. 3a-3b, col. 3 lines 38-41); the annotated sealing element of annotated Fig. 3b contacts the body at the positions shown in Fig. 3b. Examiner notes that Marthinsen discloses the limitation of claim 1 as claimed, and Applicant is directed to the above rejection in view of the amendments.
Applicant argues that Nicolson, Marthinsen, Barns, or Da Silva do not teach nor render obvious the a sealing element comprising a first lip seal and second lip seal for each of the pair of outlets, the first lip seal contacts the body at a first sealing position between the first and second outlets when the valve is in the first position, and the second lip seal contacts the body at a second sealing position between the first and second outlets when the valve is in the second position of claim 4. Applicant argues that claim 4 includes allowable subject matter if it were to be if rewritten in independent form including all limitations of claim 1, and accordingly, the §102 and §103 rejections based on Marthinsen, Barns or da Silva should also be withdrawn and the remaining dependent claims 2-16 are believed to be allowable at least due to their dependency on claim 1.
Examiner notes that in the above rejection, Nicholson discloses the limitation of previously presented claim 4, wherein the sealing element (annotated Fig. 6a) comprises a first lip seal and second lip seal (Fig. 2, para. 0075) for each of the pair of outlets (para. 0060), the first lip seal contacts the body at a first sealing position between the first and second outlets when the valve is in the first position (Fig. 6b), and the second lip seal contacts the body at a second sealing position between the first and second outlets when the valve is in the second position (Fig. 6d). In regard to claim 4 and the §102 and §103 rejections based on Marthinsen, Barns or da Silva and the remaining dependent claims, Applicant is directed to the above response to arguments and is directed to the above rejection in view of the amendments. Examiner notes that claim 3 has been objected to.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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, Eric Rosen can be reached at (571) 270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
Prosecution Insights