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 § 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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0036553 (Shiibashi hereinafter) in view of US 2020/0230442 (Shami hereinafter).
Regarding claim 1, Shiibashi teaches an attachment device for a hair dryer (Figure 1 with attachment 10 on the hair dryer 40) that discloses an ultraviolet (UV) light (¶ 43 and 49).
Shiibashi is silent with respect to the UV light configured to cure a cosmetic composition.
However, Shami teaches a hair treatment device that discloses using ultraviolet light to cure a cosmetic composition (¶ 28 teaches a dye which can be the irradiation target 70 of Shiibashi).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the usage of the hair dryer and UV light of Shiibashi with the teachings of Shami to both dry and treat the hair of a user at one time.
Regarding claim 2, Shiibashi’s modified teachings are described above in claim 1 where the combination of Shiibashi and Shami would further disclose that the attachment device is an after-market device configured for use with a hair dryer and comprises a plurality of securements for securement of the attachment device to the hair dryer (Under the broadest reasonable interpretation, the attachment 10 to the hair dryer 40 of Shiibashi is seen as an aftermarket accessory since the blower can function without it; 10 is mounted to 40 by snaps 82/84 per ¶ 72 and 80).
Regarding claim 3, Shiibashi’s modified teachings are described above in claim 2 where the combination of Shiibashi and Shami would further disclose that the plurality of securements is configured for securement of the attachment device to a securement rail of the hair dryer (Evident from Figure 12 and ¶ 72 and ¶ 80 of Shiibashi).
Regarding claim 4, Shiibashi’s modified teachings are described above in claim 1 where the combination of Shiibashi and Shami would further disclose that the cosmetic composition is configured for application to hair of an individual and is UV photocurable (¶ 28 of Shami and the resultant combination by the device of Shiibashi to treat hair).
Regarding claim 5, Shiibashi’s modified teachings are described above in claim 4 where the combination of Shiibashi and Shami would further disclose that the cosmetic composition includes a hair dye that is curable with hot air of the hair dryer, UV light of the attachment device, or both (¶ 28 of Shami).
Regarding claim 6, Shiibashi teaches a hair dryer (Figure 1) with a securement rail (Figures 19A-19B with ¶ 146-149 with rail 109 and 2BA4) for securement of the device of claim 1 (Evident from Figures 10A-19B of Shiibashi and the combination of claim 1 above).
Regarding claim 7, Shiibashi teaches a hair dryer system (Figure 1) with the hair dryer of claim 6 (See claim 6 above).
Regarding claim 8, Shiibashi teaches a hair dryer with a light source with a method of treating hair/scalp that discloses activating a blower of a hair dryer (Step of activating the hair dryer 40), such that the hair dryer blows air onto the surface (Inherent of the air exiting the hair dryer 40 per ¶ 44); and activating a UV light of an attachment device for the hair dryer (¶ 44); wherein the attachment device is attachable to the hair dryer (¶ 72 and 80 with Figure 12 as well as Figures 19A-19B).
Shiibashi is silent with respect to applying the cosmetic composition to a surface; and such that UV light emitted from the attachment device irradiates the cosmetic composition on the surface.
However, Shami teaches a hair treatment device that discloses applying the cosmetic composition to a surface (¶ 28 teaches a hair dye which can be the irradiation target 70 of Shiibashi); and such that UV light emitted from the attachment device irradiates the cosmetic composition on the surface (¶ 28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the usage of the hair dryer and UV light of Shiibashi with the teachings of Shami to both dry and treat the hair of a user at one time.
Regarding claim 9, Shiibashi’s modified teachings are described above in claim 8 where the combination of Shiibashi and Shami would further disclose the attachment device is attached to the hair dryer (Shiibashi’s attachment 10 per (¶ 72 and 80 with Figure 12 as well as Figures 19A-19B).
Regarding claim 10, Shiibashi’s modified teachings are described above in claim 8 where the combination of Shiibashi and Shami would further disclose a beam of the UV light of the attachment device and a portion of the hot air blown by the hair dryer are coincident with a portion of the cosmetic composition on the surface (Evident from Figure 1 of Shiibashi where 70 is equivalent to the cosmetic composition of Shami in ¶ 28).
Regarding claim 11, Shiibashi’s modified teachings are described above in claim 8 where the combination of Shiibashi and Shami would further disclose that the cosmetic composition is formulated for application to hair of an individual and is UV photocurable (¶ 28 of Shami and the resultant combination by the device of Shiibashi to treat hair).
Regarding claim 12, Shiibashi’s modified teachings are described above in claim 11 where the combination of Shiibashi and Shami would further disclose that the cosmetic composition includes a hair dye that is curable with hot air of the hair dryer, UV light of the attachment device, or both (¶ 28 of Shami).
Regarding claim 13, Shiibashi teaches a hair dryer system comprising computational circuitry (Hair dryer of Shiibashi shown in Figure 1 with control unit 50) configured to perform all or any portion of the method of claim 8 (Resultant combination of claim 8 as applied to Shiibashi).
Regarding claim 14, Shiibashi’s modified teachings are described above in claim 13 where the combination of Shiibashi and Shami would further disclose that the computational circuitry comprises a processor and a non-transitory computer-readable storage medium having stored thereon instructions configured for execution by the processor (Control 50 of Shiibashi per ¶ 68 to control the hair dryer and the UV light source).
Regarding claim 15, Shiibashi’s modified teachings are described above in claim 13 where the combination of Shiibashi and Shami would further disclose that the computational circuitry comprises dedicated hardware circuitry (Under the broadest reasonable interpretation, the control unit 50 of Shiibashi would have to have some form of hardware circuitry to control the hair dryer of Figure 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CONNOR J. TREMARCHE whose telephone number is (571)272-2175. The examiner can normally be reached Monday - Thursday 0700-1700 Eastern.
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/CONNOR J TREMARCHE/Primary Examiner, Art Unit 3762
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