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 3, 6, 7, 9-14 and 16-18 are objected to because of the following informalities: Claim 3 recites “the multi-layer sidewall are”, where use of “are” is improper and should be “is” as sidewall is singular. In claim 9, the single layer is missing a hyphen between single and layer (single-layer). In claim 13, “seal” should be “seals”. In claim 16 “as described in any” requires deletion. Claims 3, 6, 7, 9-14, 17 and 18 improperly used the term “configured”, where the claims should instead use terms such as “having”, “disposed”, “extending”, etc. For example, claim 6 recites “an outer sidewall of the airflow portion is configured with a concave-convex structure”, when the claim should require an outer sidewall of the airflow portion have a concave-convex structure and claim 9 requires the single layer sidewall is configured with one or more vents, when the claim should recite one or more vents extend through the single-layer sidewall adjacent the air outlet. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1 there is an inconsistency in the language of the preamble and that of body of the claim thus making their scope unclear. The preamble recites “an accessory attached to a drying apparatus,” making it seem as though the claim is directed to the combination of an accessory and drying device as attachment between the components is recited. However, the preamble goes on to state “the accessory comprising” and the body of the claim is drawn only to the accessory. As such it is unclear whether applicant intends the claims to be drawn to the combination or the subcombination. Applicant is hereby required to indicate which, the combination (accessory and hair dryer) or subcombination (accessory) the claims are intended to be drawn and make the language consistent with this intent and properly amend the claim to overcome the indefiniteness issues. Given that there are other claims directed to the combination of a hair dryer and the accessory of claim 1 (See claims 16-19), it is believed claim 1 is intended to be directed to the subcombination (an accessory). It is suggested Applicant amend the preamble of claim 1 to recite “An accessory for attaching to a hair drying apparatus, the accessory comprising”.
Claim 2 recites “a single-layer sidewall” where it is unclear if this single layer side wall is the same or different from the single-layer sidewall of claim 1.
Claim 3 requires the multi-layered sidewall and the single-layer sidewall be configured along the first direction and the second direction, respectively, where it is unclear what is intended by this language. Structures are 3 dimensional and occupy space in these directions (first direction, second direction, airflow direction, etc.).
Claim 5 requires the thermal insulation chamber vanish, where this is indefinite. Structure have ends or terminal faces/surfaces but it unclear how a chamber “vanishes”.
Claim 9 requires one or more vents be provided at an outlet. By definition an outlet is an exit, vent or opening through which something is let out. A vent cannot be provided at an outlet, as a structure is necessary to support a vent. It is believed Applicant intended to require the one or more vents be adjacent the air outlet.
Claim 10 recites the limitation "the vent" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 9 recites “one or more vents”; claim 10 should recite “the one or more vents are”.
Claim 12 recited an outer sidewall and an inner sidewall being part of the airflow portion, it is unclear if the outer and inner sidewalls are part of the multi-layer sidewall or if they are different from the multi-layer sidewall. It is also unclear if the outer and inner sidewalls are part of the single-layer sidewall or different therefrom.
Claim 17 requires the accessory have a hollow portion corresponding to the radiation element; however, the radiation element is part of the drying apparatus not the accessory. It is unclear what is meant by the aforementioned language.
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 1-6, 8, 11-13, 15 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gu et al. (CN 115461585A).
Regarding claim 1, Gu et al. disclose an accessory, attached to a drying apparatus, the accessory comprising: a mounting portion configured to be attached to the drying apparatus; and an airflow portion comprising an air inlet, a guide chamber and an air outlet, wherein the airflow portion is an integral structure, and comprises: a single-layer sidewall at the air outlet along a radial direction; a multi-layer sidewall in at least other parts along a radial direction, and a thermal insulation chamber between layers of a multi-layer sidewall (Refer to annotated Figure below and Figures 1-10).
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The claimed phrase “integral molding structure” is being treated as a product by process limitation; that is the integral structure of the airflow portion is made via a molding process. As set forth in MPEP 2113, product by process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps. The airflow portion provides an integral structure.
Regarding claim 2, Gu et al. disclose the thermal insulation chamber shrinks until it vanishes along a direction of an airflow (the thermal insulation chamber gets progressively smaller in the airflow direction and “vanishes” or ceases to exist after a certain point), and the multi- layer sidewall merge into a single-layer sidewall at the air outlet (the outer sidewall layer of the multi-layer sidewall merges into the single layer sidewall proximate the air outlet).
Regarding claim 3, Gu et al. disclose along a direction of an airflow (direction from left to right in annotated Figure 6 above), the size of the guide chamber increases along a first direction (guide chamber increases in a first direction as shown in Figure 4) and decreases along a second direction (see double arrows in annotated Figure 6 above showing how the chamber decreases in size along the second direction which is a vertical (up and down) direction in Figure 6); the first direction is perpendicular to the second direction; the multi-layer sidewall are configured in at least part of the airflow portion along the first direction and the single-layer sidewall is configured along the second direction (Refer to Figures 1-6).
Regarding claim 4, Gu et al. disclose the air inlet is circular (Refer to Figures 2 and 6) and its dimensions are the same along the first direction and the second direction, the air outlet is flat (Refer to Figures 4 and 5), and its size is larger than the air inlet along the first direction, and smaller than the air inlet along the second direction (Refer to Figures 1-6).
Regarding claim 5, Gu et al. disclose along the direction of the airflow, the thermal insulation chamber gradually shrinks in size along the second direction until it vanishes. As best shown in annotated Figure 6 above, the thermal insulation chamber is larger toward the mounting portion and gradually decreases in size in the second direction. The thermal insulation chamber then terminates/ceases to exist or vanishes.
Regarding claim 6, Gu et al. disclose an outer sidewall of the airflow portion is configured with a concave-convex structure along the second direction (Refer to Figures 2, 5 and 6).
Regarding claim 8, Gu et al. disclose along the direction of the airflow, an outer sidewall of the airflow portion shrinks or remains unchanged along the first direction and shrinks along the second direction (Refer to Figures 2, 5 and 6).
Regarding claim 11, Gu et al. disclose the mounting portion is annular (Refer to Figures 2 and 6), the airflow portion is configured inside the annular mounting portion (a portion of the airflow portion is inside the annular mounting portion, Refer to Figures 5 and 6), and a part of the airflow portion extends radially and is coupled to the mounting portion (Refer to Figures 2, 5 and 6).
Regarding claim 12, Gu et al. disclose the airflow portion comprises an outer sidewall and an inner sidewall at a part adjacent to the air inlet; wherein the air inlet is configured inside the inner sidewall, and the outer sidewall extends radially and is coupled to the mounting portion (Refer to annotated Figure 6 above).
Regarding claim 13, Gu et al. disclose a cover is configured in the airflow portion and seal the thermal insulation chamber; wherein an outer end face of the cover forms partially an outer end face of the accessory (Refer to annotated Figure 6 above).
Regarding claim 15, Gu et al. disclose the mounting portion and the airflow portion are integrally formed (Refer to Figures 2, 5 and 6).
Regarding claim 16, Gu et al. disclose a drying assembly, comprising: a drying apparatus (Refer to Abstract and Figure 1); and the accessory of claim 1 above.
Regarding claim 17, Gu et al. discloses an end of the drying apparatus is configured with an air outlet element (element forming air outlet 2203, Refer to Figure 1) for emitting an airflow and a radiation element (240) for emitting infrared radiation; wherein the accessory is configured to be detachably attached to the drying apparatus, the air inlet corresponds to the air outlet element, and the accessory comprises a hollow portion (42) corresponding to the radiation element (42 is in the airflow path and therefor corresponds to the radiation element as the radiation element heats the air).
Regarding claim 18, Gu et al. disclose on the accessory, the hollow portion is configured between the airflow portion and the mounting portion (Refer to annotated Figure 6 above), and the outer sidewall of the airflow portion spans the hollow portion to be coupled to the mounting portion (Refer to annotated Figure 6 above).
Regarding claim 19, Gu et al. disclose the accessory further comprises a cover (31,70,60, Refer to Figure 9) made of a heat-resistant material and/or a reflective material (Refer to page 23 which explains that the 60 and 70 are in the heated airflow path, meaning the elements are made of a material which resists heat, if not the cover would not function as intended), and the cover covers an area on the airflow portion and the mounting portion facing the radiation element (Refer to page 23).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gu et al. and Andrew et al. (US 6922909).
Regarding claim 7, Gu et al. disclose the accessory of claim 6 above; however, Gu et al. do not disclose the outer sidewall of the airflow portion and/or the concave-convex structure are configured with one or more vents in connection to the thermal insulation chamber. Andrew et al. disclose a similar hair dryer accessory having a mounting portion (portion at 23) and an airflow portion (22,21,32), where an outer sidewall of the airflow portion and a concave convex structure (Refer to Figures 2 and 5) are provided with vents (34) permitting ambient air to enter a thermal insulation chamber (40, Refer to Figure 5) and resulting in increased airflow (Refer to col. 5 lines 26-39). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the accessory to Gu et al. to include one or more vents on the outer sidewall of the airflow portion and/or the concave-convex structure in connection to the thermal insulation chamber as taught by Andrew et al. in order to draw air into the accessory and thereby increase the airflow exiting the accessory.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Gu et al. and Orsoff (US 3837581).
Regarding claims 9 and 10, Gu et al. disclose the accessory of claim 3; however, Gu et al. do not disclose the single layer sidewall is configured with one or more vents at the air outlet and the vent is configured along the first direction and/or on the single layer sidewall along the second direction. Orsoff discloses a similar hair dryer accessory having a mounting portion (15) and an airflow portion (16,19) with an air outlet (17). Orsoff teaches vents (22,28,21,27) are provided adjacent the air outlet (17) and extend in a direction transverse to the airflow direction (similar to first direction of Gu et al.), thereby providing auxiliary air streams adjacent the main airstream exiting the air outlet and preventing excessive back pressure buildup in the dryer (Refer to col. 2 lines 55-67 and col. 3 lines 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the accessory of Gu et al. to include one or more vents at the air outlet through the single layer sidewall at the air outlet along the second direction as taught by Orsoff in order to provide auxiliary air streams adjacent the main airstream and prevent excessive pressure buildup and overheating in the dryer.
Allowable Subject Matter
Claim 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
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