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 .
Priority
The claims of the instant application are drawn to an embodiment (Figures 8-10) which is not disclosed in FR 3129814A1. Therefore, the effective filing date is the filing date of PCT/EP2022/08435, December 7, 2022.
Claim Interpretation
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.
Claim limitations “means for opening” and “system for pressurizing has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “means” coupled with functional language “opening” and “magnetically retaining” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 9 and 14 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: The disclosure fails to provide any specific structural example of the means for opening and the means for magnetically retaining the case. The system for pressurizing is disclosed as being a piston, a gas cartridge, an electrical pumping system or a manual pumping system.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-16 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 “a case”, “each of these assemblies”, “this tooth”, “each nozzle” and “each applicator” where it is unclear if these structures intend to refer to the “case (800)”, the assemblies of the row of assemblies, the tooth of line 7, the at least one nozzle of line 8 and the at least one applicator of line 9. When referencing previously recited structures “the” or “said” is provided before the structure (e.g. “each of the at least one nozzle”).
Claim 1 requires the convex distal surfaces of the assemblies be tangential to a flat curve whose radius of curvature is equal to that of a user’s skull. However, a user’s skull is not a standard unit of measure for describing a radius, in fact, different user’s have skulls of different radii and the same user has different radial dimensions depending on where the dimension if being measured (e.g. across the occipital area, across the crown, in an anterior posterior direction, etc.).
Claims 2, 3 and 5-7 attempt to describe structures with regard to the radius of curvature and flat curve of a user’s skull; however, a user’s skull is not part of the invention. The claim requires amending to define directions, surfaces, etc. as they relate to components of the device itself.
Claim 4 recites at least one distributor where it is unclear if the distributor is the same or different from the applicator. Additionally, it is unclear how the distributor forms part of the invention; that is, how the distributor is arranged with respect to the other components claimed.
Claim 5 recites the limitation "the previous row" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the manual case" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 invokes 112(f) as the claim requires a means for opening this plug; however, the disclosure does not describe any structure or exemplary embodiment of such a means for opening a plug. It is unclear what is intended by “means for opening this plug”.
Claim 9 recites “the container is configured to receive a cartridge”, which does not result in a positive recitation of a cartridge (i.e. cartridge and plug are not required); however, the claim appears to attempt to recite a structure of the cartridge (a plug) and requires the base have “means for opening this plug”.
Claim 11 recites “at least one tooth incorporates at least one nozzle” where it is unclear if the at least one tooth is the same or different from the teeth recited in claim 1 and if the at least one nozzle is the same or different from the at least one nozzle recited in claim 1.
Claim 12 recites “in at least one assembly” “at least one nozzle” where it is unclear if these recitations are the same or different from the assemblies and at least one nozzle of claim 1.
Claim 13 recites at least one container, where it is unclear if the at least one container of claim 13 is the same or different from the container of claim 1.
Claim 13 recites at least one nozzle, where it is unclear if the at least one nozzle of claim 13 is the same or different from the at least one nozzle of claim 1.
Claim 14 requires the base include a system for pressurizing at least one container, where it is unclear if the “system for pressurzing” is the same or different from the electric pump of claim 1 and if the “at least one container” is the same or different from the container of claim 1.
Claim 15 recites “each assembly”, where it is unclear if each assembly is the same or different from the assemblies of claim 1.
Claim 16 recites the mechanical connection leaves the headband free to rotate relative to the band around an axis that is substantially parallel to an axis traversing the user’s temples. This language describes an axis of rotation relative to a user, which does not provide a clear understanding of the scope of the claim as the axis is based on how the band is placed on the user’s head. The axis must be described relative to structural elements of the invention, or the claim amended to explain how the device is intended to be worn on the head and how it is able to pivot when in this position (e.g. wherein during use,…..).
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 1-3, 7-9, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Clemente Marco (US 6378529) and Lee et al. (US 20220273400).
Regarding claim 1, Clemente Marco discloses a device for delivering a product to the base of hair shafts and/or on the scalp of a predefined user, which comprises: a container (3) for the product and a case (portion of 1 extending from proximal side of 7 to distal-most assembly 2, Refer to Figures 1 and 2) connected to the flexible tube, a case whose geometry is configured to be held in the palm of a user's hand and comprising a row of assemblies (2, 2’, 2’’, 2’’’, 2iv, 2v) having a convex distal surface (best shown in Figures 3 and 4, surface of 2, 2’, 2’’, 2’’’, 2iv, 2v, opposite 8, 11) of contact with the user's head, each of these assemblies comprising a tooth (2, 2’, 2’’, 2’’’, 2iv, 2v form teeth), at least one nozzle (portion of 2,2’,2’’ defining outlet of orifice 9) and at least one applicator (8,11), this tooth being configured to separate hairs to their roots, each nozzle being configured to deliver the product on the roots of hairs separated by the tooth and/or on the scalp between the hairs separated by the tooth, and each applicator being configured to spread, over the roots and/or the scalp, the product delivered by at least one nozzle, the convex distal surfaces of the assemblies all being tangential to a flat curve whose radius of curvature is equal to a radius of curvature of the user's skull (Refer to Figure 1, where the convex distal surfaces of the assemblies follow a curved contour meant to coincide with the contours of a human head), this case also comprising a control button (7) for dispensing the product from the container (Refer to Figures 1-7); however, Clemente Marco is silent regarding the container having a filler cap and being provided on a base, such that a product in the container is aspirated into a flexible tube which feeds into the case via an electric pump when the button is actuated.
Lee et al. disclose a similar device where a container is coupled to a case having dispensing assemblies which dispense a product on the hair/scalp (Refer to Figures 1-12). Lee et al. explain the device provides a base (802) which is coupled to the case, the base having a container (810) with a filler cap (832,842) and cartridges (814,816) containing the product in the container, where the cartridge has a plug (824) and the base includes means for opening the plug (840 provides access to the plug to allowing opening and closing thereof). Lee et al. provide a pump (e.g. peristaltic pump 614, Refer to paragraph 0088) which draws product from the container in a controlled manner, through flexible tubes (606,608), into the case into a mixing chamber (632) and out through the nozzles (622). Button (426) is provided to control operation of the pump. 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 generic container of Clemente Marco to be as disclosed by Lee et al., on a base including a filler cap, with cartridges, plugs, a mixing chamber, etc. and for the device to include an electric pump such as a peristaltic pump to aspirate the product from the container through a flexible tube to the case and where the button actuates the pump as Lee et al. demonstrates this is a well-known arrangement for supplying and delivering product to the nozzle(s) in a controlled manner. One of ordinary skill in the art understands the combination of Clemente Marco and Lee et al. results in the button 7 of Clemente Marco being the button that actuates the pump and the pump is provided in the base, as the case is defined as the portion of 1 extending from a proximal side of 7 to the distal-most assembly, where the pump would be disposed proximally relative of button 7 and distal relative to the base and container.
Regarding claim 2, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above, wherein at least one assembly (2, 2’, 2’’, 2’’’, 2iv, 2v) has a cross-section perpendicular to the radius of curvature, a cross-section whose width, measured in the plane of the flat curve, decreases, at least in part, as a function of the distance between this cross-section and the flat curve, this decrease creating a free compartment for the hairs separated by the tooth (the cross sectional width of the assemblies decrease toward the distal ends/flat curve (Refer to Figures 1 and 3-7).
Regarding claim 3, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above, where the assemblies are arranged so as to provide convex distal surfaces (free/distal ends of assemblies) which are tangential to a flat curve having a radius of curvature (Refer to Figure 1) intended to correspond with the curvature of a human scalp. Applicant acknowledges the majority of adults have scalps with a radius of curvature between seven and eleven centimeters (Refer to pages 3 and 10 of Applicant’s disclosure). 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 of the combination of Clemente Marco and Lee et al. such that the convex distal surfaces of the assemblies all be tangential to a flat curve whose radius of curvature is between seven and eleven centimeters, as the assemblies of the combination are arranged in a curved configuration so as to correspond with the curvature of a human scalp and the claimed range includes common adult scalp radii.
Regarding claim 7, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above. The combination is silent regarding the maximum dimension of the case, in the plane perpendicular to the radius of curvature, being less than twelve centimeters. However, the case is intended to be grasped in a user’s hand during use. One of ordinary skill in the art appreciates it is common practice to hold such devices with the thumb on one side and wrapping the palm over the top of the spine such that the other four fingers are on the opposite side of the device. Applicant acknowledges the “the persons skilled in the art knows, from published anatomical studies, the most suitable geometry for the hands of adults and adolescents” where the claimed range (less than 12 cm) is dictated by the common dimensions of the palm of a hand and is comparable to the size of a computer mouse (Refer to page 10 of Applicant’s disclosure). 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 of the combination of Clemente Marco and Lee et al. such that the case has a maximum dimension of less than 12 cm in a plane perpendicular to the radius of curvature, as the device is intended to be grasped in the hand of a user at the case and such dimensions correspond to common anatomical hand sizes.
Regarding claim 8, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above, wherein the pump is a peristaltic pump. As explained in the rejection of claim 1 above, the pump (614) is a peristaltic pump (Refer to paragraph 0088 of Lee et al.) and Clemente Marco was modified per the teachings of Lee et al. to provide a peristaltic pump.
Regarding claim 9, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above, wherein the container is configured to receive a cartridge containing the product to be delivered, this cartridge comprising a plug, the base comprising a means for opening this plug. As explained in the rejection of claim 1 above, Clemente Marco’s generic (non-specific) container was modified per the teachings of Lee et al. to provide a base supporting the container, cartridges containing the product being received in the container, where the cartridges include a plug and the base provides means for opening the plug.
Regarding claim 11, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above, wherein at least one tooth incorporates at least one nozzle (Refer to Figures 1-7 of Clemente Marco)
Regarding claim 12, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above, Clemente Marco further disclose in at least one assembly, at least one nozzle (outlet of 9) comprises at least one side opening for delivering the product mainly on the roots of hair strands separated by the tooth (Refer to Figures 3 and 4 where the nozzles open to a side).
Regarding claim 13, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above, wherein at least one container comprises a first storage chamber (one cartridge) for storing a first substance, a second storage chamber (other cartridge) for storing a second substance, and an intermediate chamber (mixing chamber) connected to the first chamber and the second chamber, for mixing the first substance and second substance forming the product for hair and/or scalp, at least one nozzle being connected to the intermediate chamber. As explained in the rejection of claim 1 above, Clemente Marco was modified per the teachings of Lee et al. to include cartridges having first and second products, where the products are feed into a mixing chamber and dispensed through the nozzles.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Clemente Marco and Lee et al. as applied to claim 1 above, and further in view of Kajgana (US 6062230)
Regarding claim 4, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above; however, the combination does not disclose a distributor takes the form of a curved spatula. Kajgana discloses a similar device for delivering a product to the base of hairs and/or to the scalp where the device includes a distributor (15X) in the form of a curved spatula (Refer to Figure 9A) where the distributor provides an elongated curved surface capable of being used to spread the product as well as section the hair. 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 of the combination of Clemente Marco and Lee et al. to include a distributor in the form of a curved spatula as taught by Kajgana in order to facilitate sectioning of the hair while also providing an elongated surface capable of spreading applied product.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Clemente Marco and Lee et al. as applied to claim 1 above, and further in view of Duqueroie (US 7059333)
Regarding claim 5, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above; however, the combination does not comprise a second row of assemblies offset relative to the previous row such that the teeth of a second row are positioned between two teeth of the previous row in the direction perpendicular to the flat curve to which the contact surfaces of the assemblies of the first row are tangential. It is well-known and conventional practice in the art to provide two rows of dispensing assemblies in an offset arrangement as demonstrated by Duqueroie (Refer to Figure 1) as this arrangement allows product to be dispensed to other portions of the hair for efficient application and enhanced coverage in a single movement. 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 of the combination of Clemente Marco and Lee et al. to include a second row of assemblies offset from the row of assemblies as Duqueroie demonstrate the claimed configuration is well-known and conventional in the art and provides the benefit of enhanced coverage and improved efficiency.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Clemente Marco and Lee et al. as applied to claim 1 above, and further in view of Takagi (US 20130174860).
Regarding claim 6, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above; however, the combination does not disclose the distance, between two successive assemblies whose contact surfaces are tangential to the same flat curve, is between one half and three-quarters of the width of the contact surface measured in the plane of the flat curve. Clemente Marco is silent regarding the width dimensions of the contact surfaces of the assemblies and the dimensions of the gaps between between adjacent contact surfaces. It is well-known in the art to vary the dimensions based on the application area, intended degree of coverage/saturation, etc. Takagi discloses a similar device and teaches the gap between adjacent contact surfaces (W1) may have a width of 0.1 to 3 mm and preferably 0.1 to 1 mm (Refer to paragraph 0039), while the width of the contact surface may be 1 mm (Refer to paragraphs 0084, 0088) or 4mm (Refer to paragraph 0095 and Figure 11c). If the contact surface with is 1 mm, then gaps within the range of 0.33 and 0.5mm are 1/3 to ½ the width of the contact surface, where these widths fall within the disclosed range. Similarly, if the contact surface with is 4mm, gaps between 1.33 and 2mm would be 1/3 to ½ the width of the contact surface, where these widths fall within the disclosed range. 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 of the combination of Clemente Marco and Lee et al. such that the distance between two successive assembly contact surfaces be ½ to 1/3 the width of the contact surface as Takagi demonstrates this is a well-known configuration/arrangement in the art.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Clemente Marco and Lee et al. as applied to claim 1 above, and further in view of Mercier (US 20110315157).
Regarding claim 10, the combination of Clemente Marco and Lee et al. disclose the device of claim 1 above, wherein the base comprises a means for retaining the case. However, the combination does not disclose the means for retaining the case is magnetic. Mercier discloses a similar device where a base assembly (400) is connected to a case (22) via “any fastener known in the art, including but not limited to a clip, a screw apparatus, a magnetic fastener or any other fastener known in the art” (Refer to paragraph 0131). 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 mean for retaining of the combination of Clemente Marco and Lee et al. to be a magnetic means for retaining as Mercier demonstrates it is well-known for these components to be coupled using any known fastening means including magnetic fastening means.
Claims 1, 3, 9, 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kreiss (US 20210227947) and Dallianis et al. (US 20080210251).
Regarding claim 1, Kreiss discloses a device (Refer to Figures 1-4) for delivering a product to the base of hair shafts and/or on the scalp of a predefined user, which comprises: a base (12,20,22) comprising a container (cavity of 12,20 accepting 16) for the product, equipped with a filler cap (22), and; and a case (32) connected to a flexible tube (19), a case whose geometry is configured to be held in the palm of a user's hand and comprising a row of assemblies (30) having a convex distal surface of contact with the user's head, each of these assemblies comprising a tooth (30), at least one nozzle (dispensing orifice of 30) and at least one applicator (surfaces of 36 adjacent each tooth/nozzle serves as an applicator), this tooth being configured to separate hairs to their roots, each nozzle being configured to deliver the product on the roots of hairs separated by the tooth and/or on the scalp between the hairs separated by the tooth, and each applicator being configured to spread, over the roots and/or the scalp, the product delivered by at least one nozzle, the convex distal surfaces of the assemblies all being tangential to a flat curve whose radius of curvature is equal to a radius of curvature of the user's skull (Refer to Figures 1-3); however, Kreiss does not disclose the base includes an electric pump aspirates the product in the container and pushes it into the flexible tube where a control button is provided for controlling the operation of the pump. Kreiss discloses the invention provides a manual pump, where compressing the base results in expelling of the product from the container into the flexible tube. It is well-known and conventional in the art to use manual or electric pumps interchangeably as demonstrated by Dallianis et al. (Refer to paragraph 0025) where electric pumps require a button/actuator in order to selectively operate the pump. 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 of Kreiss such that the manual pumping action be replaced with an electric pump as Dallianis et al. demonstrate these are well-known functionally equivalent pump variants which can be used interchangeably. One of ordinary skill in the art understands an electric pump requires a button in order to turn the pump on and off and regulate functions of the pump (e.g. flow rate).
Regarding claim 3, the combination of Kreiss and Dallianis et al. disclose the device of claim 1 above, where the assemblies are arranged so as to provide convex distal surfaces (free/distal ends of assemblies) which are tangential to a flat curve having a radius of curvature (Refer to Figures 1-3) intended to correspond with the curvature of a human scalp. Applicant acknowledges the majority of adults have scalps with a radius of curvature between seven and eleven centimeters (Refer to pages 3 and 10 of Applicant’s disclosure). 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 of the combination of Kreiss and Dallianis et al. such that the convex distal surfaces of the assemblies all be tangential to a flat curve whose radius of curvature is between seven and eleven centimeters, as the assemblies of the combination are arranged in a curved configuration so as to correspond with the curvature of a human scalp and the claimed range includes common adult scalp radii.
Regarding claim 9, the combination of Kreiss and Dallianis et al. disclose the device of claim 1, wherein the container is configured to receive a cartridge containing the product and having a plug (container is hollow and able to receive a cartridge having a plug) wherein the base comprises a means for opening a plug (interior surface of base is capable of opening a plug).
Regarding claim 11, the combination of Kreiss and Dallianis et al. disclose the device of claim 1 above, wherein at least one tooth incorporates at least one nozzle (Refer to Figure 1).
Regarding claim 15, the combination of Kreiss and Dallianis et al. disclose the device of claim 1 above, wherein the case forms part of a headband, each assembly being positioned on an inner portion of the headband (Refer to Figures 1-3).
Claims 8 and 14 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kreiss and Dallianis et al. as applied to claim 1 above, and further in view of Lee (US 20060021627).
Regarding claim 8, the combination of Kreiss and Dallianis et al. disclose the device of claim 1 above; however, the combination does not disclose the pump is a peristaltic pump. Lee discloses a similar device where a pump is used to move the fluid from the container to the nozzle (Refer to Figures 1-24). Lee explains “An external gear pump, an internal gear pump, a trochoid pump, a rotary pump, a plunger pump, a squeeze pump, a peristaltic pump, a diaphragm pump, a vane pump, or any other pumps may be applied to the basic mechanism of the pump 80 of the present invention”. Thus, Lee demonstrates it is known and conventional to use peristaltic pumps as the pumping mechanism in such applications and for this reason 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 electric pump of the combination of Kreiss and Dallianis et al.to be a peristaltic pump.
Regarding claim 14, the combination of Kreiss and Dallianis et al. disclose the device of claim 1 above; however, the combination does not disclose the base comprises a system for pressurising at least one container. The combination provides a base with an electric pump but does not specify if the pump pressurizes the container. Many pumping mechanisms/systems pressurize containers serving as the supply, such as positive displacement pumps (plunger, diaphragm, screw, etc.) and centrifugal pumps. Lee discloses a similar device where a pump is used to move the fluid from the container to the nozzle (Refer to Figures 1-24). Lee explains “An external gear pump, an internal gear pump, a trochoid pump, a rotary pump, a plunger pump, a squeeze pump, a peristaltic pump, a diaphragm pump, a vane pump, or any other pumps may be applied to the basic mechanism of the pump 80 of the present invention”. Thus, Lee demonstrates it is known and conventional to use electric pump systems which pressure the container in such applications and for this reason 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 electric pump of the combination of Kreiss and Dallianis et al. to be an electric pump system which pressure the container.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kreiss and Dallianis et al. as applied to claim 15 above, and further in view of Skaruda (US 1584329).
Regarding claim 16, the combination of Kreiss and Dallianis et al. disclose the device of claim 15 above; however, the combination does not provide a hairdressing band having a mechanical connection with the headband, the band being configured to prevent the product dripping onto the user's forehead, ears and/or neck, the mechanical connection leaving the headband free to rotate relative to the band around an axis that is substantially parallel to an axis traversing the user's temples. Kreiss et al. provide a headband but do not disclose a hairdressing band with a mechanical connection permitting the headband to rotate about an axis. Skaruda demonstrates it is well-known in the art to fasten such headbands (13) to a hairdressing band (14) via a mechanical connection (14A) permitting rotation (Refer to Figure 4). When worn, band 14 is able to extend behind one ear across the forehead and behind another ear or in front of one ear across the neck and in front of the other ear and protect the forehead, ears and/or neck, accordingly. 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 of the combination of Kreiss and Dallianis et al. such that the headband be pivotably connected to a hairdressing band extending about the user's forehead, ears and/or neck as Skaruda et al. demonstrate this is a well-known configuration and the hairdressing band provides the benefit of additional support.
Conclusion
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799