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.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fellows (U.S. Publication No. 2022/0031039 A1).
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In regard to claim 1, Fellows discloses a facial hair grooming tool (Figs. 1-2) comprising: a handle (handle in annotated Fig. 1) capable of being grasped by a user (para. 0014), the handle having a first side (1st side in annotated Fig. 2) facing a user’s hand when grasped (Fig. 2); a first comb (201 in Fig. 1) movably mounted in relation to the handle between a retracted position in relation to the handle and at least one use position (Figs. 1-2, paras. 0015-0016); and a second comb (203 in Fig. 1) movably mounted in relation to the handle between a retracted position in relation to the handle and at least one use position (Figs. 1-2, paras. 0015-0016).
In regard to claim 2, Fellows discloses the invention of claim 1. Fellows further discloses further comprising: a brush (102b in annotated Fig. 2) positioned on a second side (2nd side in annotated Fig. 2) of the handle (handle in annotated Fig. 2) and opposite the first side (1st side in annotated Fig. 2) of the handle (Fig. 2).
In regard to claim 3, Fellows discloses the invention of claim 2. Fellows further discloses wherein: in respective retracted positions, each of the first and second combs (201 and 203 in annotated Figs. 1 and 2) is retracted within a respective one of two sides of the handle (2nd side and 3rd side in annotated Fig. 1, Fig. 2, paras. 0015 and 0019); and in the respective retracted positions, the first and second combs are between the first side (1st side in annotated Fig. 2) of the handle and bristles of the brush (Fig. 2).
In regard to claim 5, Fellows discloses the invention of claim 1. Fellows further discloses wherein the first comb (201 in Fig. 1) has bristles of a first width (para. 0014, small tooth comb) and the second comb (203 in Fig. 1) has bristles of a width different from the width of the first comb (para. 0014, large tooth comb), the first and second combs thereby having different respective functions (paras. 0003-0005).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Fellows in view of Harewood (U.S. Publication No. 2007/0125397 A1).
In regard to claim 4, Fellows discloses the invention of claim 3. Fellows does not disclose further comprising: a cover case configured to be removably affixed to the bristles of the brush.
Harewood teaches an apparatus (Fig. 4) further comprising: a cover case (34 in annotated Fig. 4) capable of being removably affixed to the bristles of the brush (24 in Fig. 4, para. 0021).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of grooming brushes with additional comb parts. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the grooming tool of Fellows by adding the cover case capable of being removably affixed to the bristles of the brush as taught by Harewood in order to allow covering of the exposed brush (Harewood Fig. 4, para. 0021) to protect the brush while preventing contamination or dirtying of the brush.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Please see attached PTOL-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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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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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772