DETAILED ACTION
Drawings
The drawings are objected to because Figure 1 appears to contain frames and/or do not have the proper margins as required by 37 CFR 1.84 (g).
Sheets 1-7 of the drawings are objected to for containing cross-hairs in the upper left and lower right corners of each page.
Figures 2-3 & 6-7 is/are objected to under 37 CFR 1.84 (m) because the figures contain shading, which fails to aid in understanding the invention and/or reduces legibility. Shading may be used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object; flat parts may also be lightly shaded, but such shading is preferred in the case of parts shown in perspective, not for cross sections. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color. In the instant case, the shading being used resembles the striation lines used to indicate a mirrored surface, which is not present making the lines unnecessary and confusing (see annotations).
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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 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.
Claim(s) 1, 6, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christopher (US 5060679).
Claims 1, 6, and 10: Christopher discloses a prior art device for applying hair coloring to hair (see Fig 1 & annotations; Col 1, 35-65) comprising: a handle (19) including a first aperture (23) disposed through a top of a first proximal end of the handle and a second aperture (22) disposed through a top of a second proximal end of the handle (see annotations); a container (11) attached to the handle and configured to storing the hair coloring fluid (12), the container including an opening (13) through a bottom thereof for allowing the hair coloring therethrough; at least one applicator head (24) including an interior fluid channel (14) disposed therethrough and configured to communicate with the opening of the container (see Fig 1), the fluid channel terminating in a dispensing tip (see annotations) and a plunger (see annotations) including a plunger handle and a downwardly extending plate (17) attached thereto, the downwardly extending plate is generally equal in size and shape to the container (see Fig 1 & annotations). The plunger handle includes a first downwardly extending shaft (20) for insertion into the first aperture (see Fig 1) of the handle and a second downwardly extending shaft (21) configured for insertion into the second aperture (see Fig 1) of the handle thereby attaching the plunger to the handle and enabling downward pressure to push the plate into an interior of the container and forcing the hair color through the opening and out of the dispensing tip to apply the hair color to the hair (Col 1, 35-65). A tube extends from the opening at the bottom of the container (see annotations) and is inserted into the fluid channel of the applicator head (see annotations). The plunger includes a plunger handle (see annotations) and a downwardly extending plate that is of a same size and shape as the container (see Fig 1). The handle and the container are one piece (see annotations).
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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 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.
Claim(s) 2-5, 7-8, 12-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christopher (US 5060679) in view of Guglielmo (US 5059050).
Claims 2-3: Christopher discloses the invention of claim 1 and discloses the invention essentially as claimed except for the applicator head including a plurality of different sized interchangeable applicator heads.
Guglielmo, however, teaches a hair coloring (Col 1, 15-25) application device (see Fig 1), the device comprising: a handle (see annotations); a container attached to the handle (see annotations) and configured for storing the hair coloring, the container including an opening (see annotations) disposed through a bottom thereof allowing the hair coloring therethrough (see annotations). A plurality of different sized interchangeable applicator heads (see Figs 1 & 10-12) each including a fluid channel configured to be placed in fluid communication with the opening of the container (see annotations). The fluid channel of each applicator head terminates in a dispensing tip of the respective applicator head (see Figs 1 & 10-12) and each dispensing tip can hold a section of hair (see annotations). The device includes a plunger (see annotations) configured for insertion into the container and the plunger can be manipulated to force the hair coloring out of the dispensing tip and onto the hair (Col 4, 5-31). So Guglielmo teaches providing plunger actuated hair dying tools with a plurality of interchangeable applicator heads of different sizes and shapes removably secured to the bottom of the container in order to allow users to accommodate different types of streaking to their hair in use, or to form different styles with the hair dye as desired. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the hair dye applicator of Christopher by providing it with a plurality of the applicator heads in different sizes and styles as taught by Guglielmo to be useful in order to allow a user to form different patterns in the hair with the different sized tips to achieve different styles.
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Claims 4-5: Modified Christopher discloses the invention of claim 3 and the proposed modification is to provide the plurality of interchangeable applicator heads of Guglielmo with the applicator of Christopher. Guglielmo already teaches each dispensing tip of the plurality of interchangeable applicator heads includes at least a pair of inwardly tapered and pointed sides defining a dispensing gap between the tapered sides with the gap being in line with the fluid channel for dispensing (see annotations). This gap is able to hold a section of hair for application of the hair coloring to the selected section (Col 4, 5-31). So the proposed modification would result in the plurality of interchangeable tips including at least one dispensing tip with a pair of inwardly tapered and pointed sides defining a dispensing gap therebetween and able to hold a section of hair for application of the hair coloring to the hair in use.
Claims 7-8: Christopher discloses the invention of claim 1 and further discloses the handle is attached to a rear wall of the container (see Fig 1) and includes an elongated length extending rearwardly therefrom.
Christopher discloses the invention essentially as claimed except for the container being rectangular. Guglielmo, however, teaches a hair dye dispenser and teaches making the container of the dispenser with a rectangular shape/configuration including a front wall opposite a rear wall, a pair of opposite side walls and the bottom is opposite an open top that receives a downwardly extending plate of the plunger (40, see annotations). The walls of the container define an interior that stores the hair coloring (see annotations) and the plunger dispenses the hair coloring in use. In other words, Guglielmo teaches that making plunger type hair dye containers with a rectangular shape is well known in the art and/or an obvious matter of design choice. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the shape of the container of Christopher to be rectangular with the prescribed sidewalls as taught by Guglielmo since Guglielmo teaches that this shape is old and well known in the art and/or an obvious matter of design choice in these types of dispensers.
Claims 12, 15, and 18: Christopher discloses a prior art device for applying hair coloring to hair (see Fig 1 & annotations; Col 1, 35-65) comprising: a handle (19) including a first aperture (23) disposed through a top of a first proximal end of the handle and a second aperture (22) disposed through a top of a second proximal end of the handle (see annotations); a container (11) attached to the handle and configured to storing the hair coloring fluid (12), the container including an opening (13) through a bottom thereof for allowing the hair coloring therethrough; at least one applicator head (24) including an interior fluid channel (14) disposed therethrough and configured to communicate with the opening of the container (see Fig 1), the fluid channel terminating in a dispensing tip (see annotations) and a plunger (see annotations) including a plunger handle and a downwardly extending plate (17) attached thereto, the downwardly extending plate is generally equal in size and shape to the container (see Fig 1 & annotations). The plunger handle includes a first downwardly extending shaft (20) for insertion into the first aperture (see Fig 1) of the handle and a second downwardly extending shaft (21) configured for insertion into the second aperture (see Fig 1) of the handle thereby attaching the plunger to the handle and enabling downward pressure to push the plate into an interior of the container and forcing the hair color through the opening and out of the dispensing tip to apply the hair color to the hair (Col 1, 35-65). A tube extends from the opening at the bottom of the container (see annotations) and is inserted into the fluid channel of the applicator head (see annotations). The plunger includes the plunger handle (see annotations) and a downwardly extending plate that is of a same size and shape as the container (see Fig 1). The handle and the container are one piece (see annotations).
Christopher discloses the invention essentially as claimed except for the applicator head including a plurality of different sized interchangeable applicator heads. Guglielmo, however, teaches a hair coloring (Col 1, 15-25) application device (see Fig 1), the device comprising: a handle (see annotations); a container attached to the handle (see annotations) and configured for storing the hair coloring, the container including an opening (see annotations) disposed through a bottom thereof allowing the hair coloring therethrough (see annotations). A plurality of different sized interchangeable applicator heads (see Figs 1 & 10-12) each including a fluid channel configured to be placed in fluid communication with the opening of the container (see annotations). The fluid channel of each applicator head terminates in a dispensing tip of the respective applicator head (see Figs 1 & 10-12) and each dispensing tip can hold a section of hair (see annotations). The device includes a plunger (see annotations) configured for insertion into the container and the plunger can be manipulated to force the hair coloring out of the dispensing tip and onto the hair (Col 4, 5-31). So Guglielmo teaches providing plunger actuated hair dying tools with a plurality of interchangeable applicator heads of different sizes and shapes removably secured to the bottom of the container in order to allow users to accommodate different types of streaking to their hair in use, or to form different styles with the hair dye as desired. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the hair dye applicator of Christopher by providing it with a plurality of the applicator heads in different sizes and styles as taught by Guglielmo to be useful in order to allow a user to form different patterns in the hair with the different sized tips to achieve different styles.
Claims 13-14: Modified Christopher discloses the invention of claim 12 and the proposed modification is to provide the plurality of interchangeable applicator heads of Guglielmo with the applicator of Christopher. Guglielmo already teaches each dispensing tip of the plurality of interchangeable applicator heads includes at least a pair of inwardly tapered and pointed sides defining a dispensing gap between the tapered sides with the gap being in line with the fluid channel for dispensing (see annotations). This gap is able to hold a section of hair for application of the hair coloring to the selected section (Col 4, 5-31). So the proposed modification would result in the plurality of interchangeable tips including at least one dispensing tip with a pair of inwardly tapered and pointed sides defining a dispensing gap therebetween and able to hold a section of hair for application of the hair coloring to the hair in use.
Claims 16 and 18: Modified Christopher discloses the invention of claim 12 and Christopher further discloses the handle is attached to a rear wall of the container (see Fig 1) and includes an elongated length extending rearwardly therefrom.
Modified Christopher discloses the invention essentially as claimed except for the container being rectangular. Guglielmo, however, teaches a hair dye dispenser and teaches making the container of the dispenser with a rectangular shape/configuration including a front wall opposite a rear wall, a pair of opposite side walls and the bottom is opposite an open top that receives a downwardly extending plate of the plunger (40, see annotations). The walls of the container define an interior that stores the hair coloring (see annotations) and the plunger dispenses the hair coloring in use. In other words, Guglielmo teaches that making plunger type hair dye containers with a rectangular shape is well known in the art and/or an obvious matter of design choice. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the shape of the container of modified Christopher to be rectangular with the prescribed sidewalls as taught by Guglielmo since Guglielmo teaches that this shape is old and well known in the art and/or an obvious matter of design choice in these types of dispensers.
Response to Arguments
Applicant's arguments filed 5/22/26 have been fully considered but they are not persuasive.
Applicant’s recent amendment overcomes the 102 rejection of the claims as anticipated by Guglielmo rendering these arguments moot.
Applicant argues that Christopher teaches a pivotally connected applicator and so cannot anticipate the claims; however Christopher teaches a prior art device in Figure 1, this is the device being relied upon for the rejection, not the device invented by Christopher. Applicant cites claim 1 of Christopher as evidence that the prior art in Figure 1 of Christopher requires some sort of hinge despite there being no disclosure stating this nor any evidence to support this assertion. Instead, the prior art device illustrated in Figure 1 of Christopher and titled “Prior Art” teaches a plunger with two stems that extend into two apertures of a handle, which is what is claimed by applicant. Christopher teaches the limitations required by claims 1, 6, and 10. While the device of Christopher illustrated in Figures 2-8 and encompassed by claim 1 requires a pivot/hinge, the prior art device of Christopher illustrated in Figure 1 does not and this is the device used in the above and prior rejection(s). The arguments is not persuasive.
Applicant’s arguments against the 103 rejection of claim 12 rely again on the misunderstood interpretation of Christopher, so these are not persuasive for the same reasons.
Applicant could amend the claims to require that the apertures extend through an entire thickness of the handle or entirely through the top and bottom surfaces of the handle in order to overcome the anticipation rejection.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Thursday 9:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 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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/JENNIFER GILL/
Examiner, Art Unit 3772
/ERIC J ROSEN/ Supervisory Patent Examiner, Art Unit 3772
