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
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.
Claims 1-10, 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ehlhardt et al. (WO 98/27842).
With regard to claims 1-10 and 13, Ehlhardt et al. discloses an attachment 8 for a hair care appliance 1, the attachment 8 comprising: a main body 9; a first hair engaging member 10 (Fig. 3, outermost left carrier 10) and a second hair engaging member 10 (Fig. 3, outermost right carrier 10); an airflow inlet 6 for receiving airflow from a hair care appliance 1; and a first airflow outlet 7 (outermost left airflow 7) between the first hair engaging member and the main body (Fig. 3), a second airflow outlet 7 (middle airflow 7) between the first hair engaging member and the second hair engaging member (Fig. 3). , and a third airflow outlet (outermost right airflow 7) between the second hair engaging member and the main body (Fig. 3), wherein the attachment 8 comprises a first configuration in which airflow is directed out of the first, second and third airflow outlets in a first direction in use (Fig. 3), and a second configuration in which airflow is directed out of the first, second and third airflow outlets in a second direction different to the first direction, in use (Fig. 3, as the carriers 10 rotate, the direction of the three airflows on Fig. 3 changes, also see page 6, lines 16-19). Wherein in the first configuration, airflow 7 from the first, second and third airflow outlets is configured to attach to an outer surface of the main body, the first hair engaging member and the second hair engaging member respectively (Fig. 3). Wherein in the second configuration, airflow from the first, second and third airflow outlets is configured to attach to the first hair engaging member, the second hair engaging member and an outer surface of the main body respectively (while rotates carriers 10 as shown in Fig. 3). Wherein the first hair engaging member and the second hair engaging member are moveable relative to the main body and wherein movement of the first and second hair engaging members relative to the main body moves the attachment between the first and second configurations (Fig. 3). Wherein the first hair engaging member and the second hair engaging member are operatively connected (Fig. 3, via coupling means 18) such that movement of one of the first and second hair engaging members causes movement of the other of the first and second hair engaging members. Wherein the first hair engaging member and the second hair engaging member are mechanically connected (Fig. 3, via coupling means 18). Wherein the first and second hair engaging members 10 are substantially elongate, and wherein the first and second airflow outlets extend along substantially all of the length of the first hair engaging member and the second and third airflow outlets extend along substantially all of the length of the second hair engaging member (Figs. 1,3). Wherein the first hair engaging member and/or the second hair engaging member 10 comprises a substantially non-porous base portion (Figs. 3,5 at 17) and a plurality of bristles 12, 13, 14 attached to the base portion (Figs. 3, 5).Wherein a width of the first, second and third airflow outlets in the first configuration is different to the width of the first, second and third airflow outlets respectively in the second configuration (Fig. 3, rotation of carrier 10 changes the airflow outlet width). Wherein the first hair engaging member and the second hair engaging member are shaped so as to guide airflow through the first, second and third airflow outlets in a first direction in the first configuration and in a second direction in the second configuration (Fig. 3). The attachment comprises a first airflow separator (see reproduced Fig. 3 below) downstream of the first airflow outlet in the first configuration, and a second airflow separator (see reproduced Fig. 3 below) downstream of the third airflow outlet in the second configuration, the first airflow separator configured to cause airflow to separate from an outer surface of the main body in the first configuration, and the second airflow separator configured to cause airflow to separate from the outer surface of the main body in the second configuration.
With regard to claims 14-15, Ehlhardt et al. discloses a hair care appliance 1 comprising: a handle unit 1 (Fig. 1); an air flow generator 2 disposed in the handle unit 1 (Fig. 3); and the attachment 8 of claim 1 (Fig. 3). Wherein the attachment 8 is releasably attachable to the handle unit (page 3, line 1, easy-to-exchange attachment 8).
With regard to claim 16, Ehlhardt et al. discloses a hair care appliance 1 comprising: a main body (page 6, lines 9 to 15); a first hair engaging member (outermost left carrier 10) and a second hair engaging member (outermost right carrier 10); an airflow inlet 6; a first airflow outlet between the first hair engaging member and the main body, a second airflow outlet between the first hair engaging member and the second hair engaging member, and a third airflow outlet between the second hair engaging member and the main body (Fig. 3); and an airflow generator 2 for generating an airflow from the airflow inlet to the first, second and third airflow outlets; an attachment 8 comprising fa first configuration in which airflow is directed out of the first, second and third airflow outlets in a first direction in use, and a second configuration in which airflow is directed out of the first, second and third airflow outlets in a second direction different to the first direction, in use (Fig. 3, as the carriers 10 rotate, the direction of the three airflows 7 on Fig. 3 changes, also see page 6, lines 16-19).
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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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ehlhardt et al. (WO 98/27842).
The attachment of Ehlhardt et al. as above discloses all that is recited in claims 11-12 except for wherein respective lower surfaces of the first and second hair engaging members comprise a curve having an apex, and the curve is asymmetric about the apex. Fig. 5 of Ehlhardt et al. discloses respective lower surfaces of the first and second hair engaging members 10 comprise a curve having an apex, and the curve is asymmetric about the apex (see reproduced Fig. 5 below). Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to modify the first and second hair engaging members of Fig. 3 of Ehlhardt et al. to include a curved lower surfaces with apex and the surve is asymmetric about the apex as taught by Fig. 5 of Ehlhardt et al. in order to improve airflow guidance by guiding airflow along its surface rather than forcing it into abrupt changes and thus reduce turbulence and separation, which in turn lower singularity losses and energy waste.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ramesh et al. CN 111248594 A) discloses an accessory for a hair styling device with hair engagement member and air guiding device (Figs. 1, 4).
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
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