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 11 and 19 are objected to because of the following informalities: Claim 1, has been amended to incorporate the limitations of claim 2. Claim 11, lines 2-6 now have identical limitations to amended claim 1, please delete claim 11, lines 2-6 that recite the identical subject matter. Claim 19, please change “a electric” to - -an electric- -. Appropriate correction is required.
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.
Claim(s) 1, 2-13 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Julemont (EP 1,721,539 A1).
Julemont discloses a comb attachment (4) for mounting to a hair-care appliance (Figure 7; blow dryer), the comb attachment comprising: a housing (1) defining an inlet for receiving an airflow from the appliance when mounted thereto (portion attached to the blow dryer) and an outlet fluidly connected to the inlet for discharging the airflow (spaces between teeth allowing air to exit the dryer) rows of outer protrusions (3) mounted to the housing so as to extend across or alongside the outlet, each outer protrusion of the first row being transversely spaced from a corresponding outer protrusion (each side of 3) of the second row so as to define an outer protrusion pair, wherein each outer protrusion (3) comprises a proximal end that is proximate to the housing, and an opposite distal end (tip portion), and wherein the distal ends of each outer protrusion of an outer protrusion pair are joined such that each outer protrusion pair cooperate to define a respective outer tooth (3) having an aperture for passage of an inner protrusion (5) therethrough (Fig. 1), a longitudinally extending row of inner protrusions (5) mounted to the housing so as to be interposed between the first and second rows of outer protrusions (Fig. 3), each inner protrusion (5) moveable longitudinally relative to the outer protrusions between (Fig. 3; paragraph 17) a retracted position (Fig. 3) in which the inner protrusion is positioned on a first side of, and is spaced from, a corresponding outer protrusion pair; and an extended position (Fig. 4) in which the inner protrusion is positioned on a second side of the corresponding outer protrusion pair that is opposite to the first side (see Fig. 3 and 4). Claim 3, wherein each outer tooth (3) has a width in the transverse direction that is greater at the proximal end of the outer tooth than at the distal end of the outer tooth (Fig. 1). Claim 4, wherein the width of each outer tooth tapers inwardly from the proximal end to the distal end (Fig. 1). Claim 5, wherein each inner protrusion (5) has a shape that is complementary to the shape of the aperture formed in each outer tooth (Fig. 1). Claim 6, wherein the row of inner protrusions is slideably mounted to the housing (paragraphs 17 and 18). Claim 7, comprising a trigger (adjusting screw 7) operatively connected to the inner protrusions such that depressing the trigger moves the inner protrusions away from the retracted position and towards the extended position (Fig. 3; paragraph 18). Claim 8, wherein the operative connection between the trigger and the inner protrusions is such that there is a direct relationship between the distance moved by the trigger as it is depressed and the longitudinal displacement of the inner protrusions (Fig. 8 shows alternative trigger) Claim 9, comprising a biasing mechanism ["spring"; 6] configured to bias the inner protrusions towards the retracted position, wherein in the retracted position (Fig. 2). Claim 10, each inner protrusion (5) is transversely aligned with an outer protrusion pair (3) located adjacent the respective corresponding outer protrusion pair, on the first side thereof (Fig. 3-6). Claim 11, wherein in the retracted position (Fig. 5) each outer tooth extends about a periphery of an inner protrusion of the row of inner protrusions (Fig. 1-6). Claim 12, wherein in the extended position each inner protrusion is disposed equidistantly between the respective corresponding outer protrusion pair and an outer protrusion pair adjacent the respective corresponding outer protrusion pair, on the second side thereof (Fig. 6). Claim 13, wherein the outer protrusion pairs are equi-spaced from one another according to a fixed spacing distance, the fixed spacing distance being defined as the longitudinal distance between the central points of adjacent outer protrusion pairs (Fig. 6), wherein in the extended position each inner protrusion is displaced longitudinally from the retracted position by a distance that is equal to or greater than the fixed spacing distance (Fig. 6). Claim 16, wherein each inner protrusion has a width in the transverse direction that is greater at a proximal end of the inner protrusion than at a distal end of the inner protrusion (Fig. 1). Claim 17, wherein the width of each inner protrusion tapers inwardly from the proximal end to the distal end (Fig. 1). Claim 18, each inner protrusion (5) and each outer protrusion (3) has a thickness in the longitudinal direction, the thickness of each inner protrusion being less than or equal to the thickness of each outer protrusion (Fig. 1). Claim 19, the comb does not comprise an electric heat pad (Fig. 1). Claim 20, the outlet is a longitudinal slot along the housing (Fig. 7)
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.
5. Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Julemont (EP 1,721,539 A1).
Julemont discloses the claimed invention except for the extended position each inner protrusion is displaced longitudinally from the retracted position by at least 1.3 times the fixed spacing distance and the spacing between the outer protrusions of each outer protrusion pair is such that a transverse gap having a width of between 0.2 mm and 1 mm is maintained between each of the outer protrusions and an inner protrusion when passing therebetween. However, one having ordinary skill in the art would find the parameters of the protrusion spacing to be deemed matters of design choice, will within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results. In this instance case it would be an obvious selection based on hair volume and thickness.
Response to Arguments
Applicant’s arguments filed 2/19/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
3/27/2026