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
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, 3-5, and 10-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wosse (US 1,812,425).
Regarding claim 1, Wosse discloses an apparatus capable of trimming hair on a skull around an ear comprising a curved trimming profile (2) configured to contact a user’s skull and shaped to border a portion of the ear, the curved trimming profile having an inner guide portion (located on the bottom) configured to be placed on the skull adjacent to the ear, and an outer guide portion (located along the top) configured to be placed on the skull further from the ear than the inner guide portion; wherein the inner guide portion and the outer guide portion are non-pivotally connected and define an elongated curved aperture between them (3); wherein the inner guide portion and the outer guide portion are connected at two ends of the elongated curved aperture (see Figures 3 and 5); and wherein the curved trimming profile is sized and configured to allow a clipper blade to pass through the elongated curved aperture to contact the skull and to trim hair on the skull within an area defined by the elongated curved aperture (Figures 3 and 5; can allow a clipper blade to be inserted between both arms 3).
Claim 3, wherein the curved trimming profile further comprises a first grip area (1) configured to allow the user to hold the curved trimming profile while the clipper blade clips hair within the elongated curved aperture (see Figure 3 and 5).
Claim 4, a second grip area (left side of device) and the first grip area is disposed at one end of the elongated curved aperture and the second grip area is disposed at another end of the elongated curved aperture (see Figures 3 and 5).
Claim 5, wherein the curved trimming profile is sized and configured to be held in place by the ear while the clipper blade clips hair within the elongated curved aperture (device is capable of being positioned on the user’s ear).
Regarding claim 11, Wosse discloses an apparatus capable of trimming hair on a skull around an ear comprising a single-piece fixed non-pivoting curved trimming profile (1) configured to contact a user’s skull and shaped to border a portion of the ear, the curved trimming profile defining an elongated curved aperture (3); wherein the elongated curved aperture is sized and configured to allow a clipper blade to pass through the elongated curved aperture to contact the skull and to trim hair on the skull within an area defined by the elongated curved aperture (Figure 3; can allow a clipper blade to be inserted between 3).
Claim 12, wherein the curved trimming profile further comprises a first grip area (1) configured to allow the user to hold the curved trimming profile while the clipper blade clips hair within the elongated curved aperture (see Figure 3).
Claim 13, wherein the curved trimming profile is sized and configured to be held in place by the ear while the clipper blade clips hair within the elongated curved aperture (device is capable of hanging from the top of the user’s ear).
Claim 14, a second grip area (left side of device) and the first grip area is disposed at one end of the elongated curved aperture and the second grip area is disposed at another end of the elongated curved aperture (see Figures 3 and 5).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wosse (US 1,812,425) in view of Shelley (US 7,219,674).
Wosse discloses the claimed invention except for the device comprising multiple curved trimming profiles of different sizes. Shelley teaches an eyebrow stencil comprising multiple openings of different sizes (see Fig. 7). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Wosse be made with different profiles and sizes as taught by Shelley to accommodate different users.
Allowable Subject Matter
Claims 15 and 16 are allowed.
Claims 6-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments filed 4/21/2026 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
5/13/2026
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