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 Objections
Claims 1-3, 5, 7-8, 12, 14-16 are objected to because of the following informalities: claim 1, line 5, “a first second secondary air outlet” shall be changed to -- a first secondary air outlet --; claim 15, last paragraph, line 1, “wherein the is guide” shall be changed to -- wherein the guide is --; claims 2-3, 5, 7-8, 12, 14, 16, line 1, “Claim” shall be changed to -- claim --. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2, 4-5, 6-14 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Currently, claim 2 depends to itself. For claims 4-5, claim 4 recites a limitation of a second position in which airflow exiting the primary air outlet is not directed by the guide and flows in a radially outward direction of the amin body without flowing across the curved surface. This limitation failed to further limit the subject matter of a guide is arranged to direct air from the primary air outlet to both the frit and second secondary air outlets and across the respective first and second ends of the curved surface simultaneously in claim 1. For claims 6-14, claim 6 recites a limitation of airflow from the primary air outlet a passes through the first secondary air outlet across the first end of the curved surface/air flow from the primary air outlet passed through the second secondary air outlet across the second end of the curved surface and does not pass through the first secondary air outlet, these limitations failed to further limit the subject matter of a guide is arranged to direct air from the primary air outlet to both the first and second secondary air outlets and across the respective first and second ends of the curved surface simultaneously in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 3, 15-16 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nicolson et al. (US 2017/0273429 A1).
Regarding claim 1, Nicolson et al. discloses an attachment 10 for a haircare appliance104, the attachment 10 comprising: an air inlet 12, a primary air outlet (Figs. 6a-6d), a first secondary air outlet 94 and a second secondary air outlet 96, a curved surface 54, a main body defining the primary air outlet and the curved surface (Figs. 6a-6d), wherein the curved surface 54 extends around the main body from a first end of the curved surface adjacent to and downstream of a first side of the primary air outlet to a second, opposite end of the curved surface adjacent to and downstream of a second, opposite side of the primary air outlet (Figs. 6a-6d), and a guide 22 defining the first and second secondary air outlets, wherein the guide 22 is arranged to direct air from the primary air outlet to both the first and second secondary air outlets 94, 96 across the respective first and second ends of the curved surface simultaneously (Figs. 6a, 6c, while moving the guide from position as shown in Fig. 6a to position as shown in Fig. 6c, the guide 22 would be in the middle position between two ends 34, 35, at this position, the air from the primary air outlet would be directed to both the first and second secondary air outlets 94, 96 across the respective first and second ends 34, 35 of the curved surface 54 simultaneously).
Regarding claim 3, Nicolson et al. discloses the first and second secondary air outlets are substantially equal in size and shape (Fig. 6, while guide 22 is in middle position between 34, 35).
Regarding claim 15, Nicolson et al. discloses a haircare appliance 104 (Fig. 8) comprising: an air inlet 108, a primary air outlet (Figs. 6a-6d, while attachment 10 is coupled), a first secondary air outlet 94 and second secondary air outlet 96, a curved surface 54, a main body defining the primary air outlet and the curved surface (Figs. 6a-6d), wherein the curved surface extends around the main body from a first end of the curved surface adjacent to and downstream of a first side of the primary air outlet to a second, opposite end of the curved surface adjacent to and downstream of a second, opposite side of the primary air outlet (Figs. 6a-6c), an airflow generator (paragraph [0091], fan unit) for generating an airflow from the air inlet 108 to the primary air outlet, and a guide 22 defining the first and second secondary air outlets, wherein the guide 22 is arranged to direct air from the primary air outlet to both the first (Fig. 6a) and second (Fig. 6c) secondary air outlets. However, Nicolson et al. failed to disclose the guide 22 is arranged to direct air from the primary air outlet to both the first and second secondary air outlets and across the respective first and second ends of the curved surface simultaneously. None of the prior art shows a guide arranged to direct air from the primary air outlet to both the first and second secondary air outlets and across the respective first and second ends of the curved surface simultaneously.
Regarding claim 16, Nicolson et al. discloses a handle unit 106 within which the airflow generator is housed, and an attachment 10 releasably attachable to the handle unit 106, the attachment comprising the main body and the guide 22 (paragraph [0091]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thompson et al. (US 2017/0273426 A1) discloses an attachment for a handheld appliance with a guide 16 to direct air from first and second air outlets simultaneously (Fig. 1). Jeong (US 2013/0111777 A1) discloses a hairdryer comprising a guide 35 to direct air from first and second air outlets simultaneously (Fig. 5). Ohmura (US 2001/0051042 A1) discloses an attachment 8 for a handheld appliance with a guide 10. to direct air from first and second air outlets simultaneously (Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA J YUEN whose telephone number is (571)272-4878. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL G HOANG can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jessica Yuen/
Primary Examiner
Art Unit 3762
JY
Prosecution Insights