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 § 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 1-15 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 “an accessory” in lines 7 and 9. It is unclear they are same accessory or different accessories.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “between the main body and the accessory” in line 20, and the claim also recites “between the main boy communication element and the accessory communication element” in lines 21-22 which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 14 recites the broad recitation “a plurality of sensor elements” in line 3, and the claim also recites “at least two sensor elements of different type” in line 4which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 15 recites the broad recitation “a hand-held haircare appliance that is adapted to be operated by the user holding the haircare appliance” in lines 3-4, and the claim also recites “a self-contained haircare appliance” in line 4 which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Since claims 2-15 depend upon an indefinite claim 1, those claims are construed to be indefinite by dependency.
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)(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 1-4, 6-9, 14, 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 2021/0315350 A1).
Kim et al. discloses a haircare appliance 100 (Fig. 1) comprising; a main body 110 comprising: a processing element 115 (paragraph [0033]), a communication element 122 (Fig. 9), and a blower 119 (Fig. 3) for generating an airflow, wherein the main body 110 comprises an attachment region 120 (Figs. 3, 7, 9) adapted for connecting an accessory 200, the haircare appliance further comprising: an accessory 200 (Fig. 1), comprising: a sensor element 269, 312 (Fig 6) adapted to determine at least one sensor reading (paragraph [0032]), a processing element 115 (paragraph [0033]), and a communication element 222 (Fig. 10, paragraphs [0092], [0094]), wherein the accessory 200 is selectably attachable to and/or detachable from the main body 110 at the attachment region (paragraph [0066]), wherein the accessory 200, when attached to the main body 110, is adapted to receive the airflow from the blower 119 (Figs. 3, 7), and wherein the accessory 200 is adapted to discharge the received airflow towards the hair of a user, wherein the main body 110 and the accessory 200 comprise a communication connection adapted for bidirectional communication between the main body 110 and the accessory 200, between the power main body communication element 122 and the accessory communication element 222 (paragraphs [0160], [0209]), wherein the bidirectional communication between the main body 110 and the accessory 200 is a wireless communication connection (paragraph [0160]), and wherein the energy for operating the sensor element 269, 312 is provided by the wireless communication connection 122, 222 and/or by a separate wireless energy transfer connection (paragraph [0208]). The accessory 200 further comprising: an actuator element, wherein the actuator element is powered from the main body (paragraph [0116], [0117]). Wherein the energy for operating the actuator element is provided via at least one of: an electrical connection, the wireless communication connection 122, 222, the separate wireless energy transfer connection, and a separate second wireless energy transfer connection. Wherein the actuator element is an element out of the group consisting of: motion actuator, vibration actuator, moisture dispensing actuator, fluid dispensing actuator, irradiation element 260, and emitter element. Wherein the sensor element is adapted to acquire a sensor reading out of the group consisting of: hair presence, hair moisture (by sensor 312), hair colour, hair melanin content, hair distance (by sensor 269), airflow, airflow temperature, sound pressure level, human perceived loudness of haircare appliance, perceived loudness of actuator element, torsion, force, light, tension, actuator element dependent sensor reading, magnetic field, infrared light, and inertial measurement sensor information. Wherein the operation of the haircare appliance 100 is adaptable dependent on the sensor reading acquired by the sensor element (paragraph [0116]). Wherein the operation of the accessory and/or the actuator element is adaptable dependent on the sensor reading acquired by the sensor element 269 (paragraph [0117]). Wherein the powering of the blower 119, the powering of a heater 117 (paragraph [0027]) associated with the blower, and/or the powering of the accessory is dependent on a hair presence detection (paragraphs [0034]). Wherein the accessory 200 comprises a plurality of sensor elements 269, 312, comprising at least two sensor elements 269, 312 of different type. Wherein the haircare appliance is a hand-held haircare appliance, comprising a self-contained haircare appliance, that is adapted to be operated by the user holding the haircare appliance (Fig. 1).
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 5, 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2021/0315350 A1) in view of Brodbeck (US 2017/0354533 A1).
The haircare appliance of Kim et al. as above includes all that is recited in claim 5 except for wherein the wireless communication connection and/or the separate wireless energy transfer connections are operating in the near field according to the RFID standard; wherein the communication connection between the main body and the accessory comprises at least one of an encrypted communication connection and an authenticated communication connection; wherein the operation of the haircare appliance, the operation of the accessory, and/or the operation of the actuator element is dependent on an encrypted and/or authenticated communication connection between the main body and the accessory. Brodbeck discloses a haircare appliance 100 comprising a main body 110 and an accessory 140, the main body 110 and the accessory 140 comprise a wireless communication connection, wherein the wireless communication connection and/or the separate wireless energy transfer connections are operating in the near field according to the RFID standard (paragraph [0077]). Wherein the communication connection between the main body and the accessory comprises at least one of an encrypted communication connection and an authenticated communication connection (paragraphs [0077], [0078]); wherein the operation of the haircare appliance, the operation of the accessory, and/or the operation of the actuator element is dependent on an encrypted and/or authenticated communication connection between the main body and the accessory (paragraphs [0077], [0078]). 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 haircare appliance of Kim et al. to operate the wireless communication connection and/or the separate wireless energy transfer connections in the near field according to the RFID standard; wherein the communication connection between the main body and the accessory comprises at least one of an encrypted communication connection and an authenticated communication connection; wherein the operation of the haircare appliance, the operation of the accessory, and/or the operation of the actuator element is dependent on an encrypted and/or authenticated communication connection between the main body and the accessory as taught by Brodbeck in order to provide a fast, enhanced security, lower power consumption, interoperability connection.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2021/0315350 A1) in view of Gandolfo et al. (EP 1834540 A1)).
The haircare appliance of Kim et al. as above includes all that is recited in claims 12-13 except for wherein the accessory is interchangeable, and wherein the operation of the haircare appliance, the operation of the accessory, and/or the operation of the actuator element is dependent on a dedicated accessory; wherein the accessory is interchangeable, and wherein the operation of the haircare appliance, the operation of the accessory, and/or the operation of the actuator element is dependent on a dedicated sensor element. Gandolfo et al. discloses a haircare appliance 4 with accessory 50, wherein the accessory 50 is interchangeable (Fig. 8, claim 4), and wherein the operation of the haircare appliance, the operation of the accessory, and/or the operation of the actuator element is dependent on a dedicated accessory (claim 6); wherein the accessory is interchangeable, and wherein the operation of the haircare appliance, the operation of the accessory, and/or the operation of the actuator element is dependent on a dedicated sensor element (page 7, line 35 to page 8, line 18). 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 haircare appliance of Kim et al. to include an interchangeable accessory, and to operate the haircare appliance, the accessory, and/or the actuator element depend on a dedicated accessory/dedicated sensor element as taught by Gandolfo in order to improve the hair caring efficiency and to make the hair caring faster, more precise and healthier for hair.
Conclusion
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.
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, 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.
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.
/Jessica Yuen/
Primary Examiner
Art Unit 3762
jy
Prosecution Insights