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 § 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 7 and 20 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 7, it is unclear if “an angle” refers to the same angle as recited in claim 1 or a different angle. In claim 20, it is unclear if the first and second channel portions are the same as or different from the arc-shaped channels.
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 17 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang (CN 217137085 U).
Regarding claim 17, Jiang discloses a hair care accessory, comprising: an elongate cylindrical body (130) extending from an open first end (end near 120) to a closed second end opposite the open first end, the elongate cylindrical body including a central air inlet (120) in the open first end configured to receive an airflow from a hair dryer, a plurality of air inlets (141) fluidically coupled to the central air inlet and arranged on an inner surface of the elongate cylindrical body, a plurality of air outlets (142) arranged on an outer surface of the elongate cylindrical body and fluidically coupled to the plurality of air inlets via arc-shaped channels (channels formed by 140 between 141 and 142) radially extending from the inner surface to the outer surface, the arc-shaped channels configured to convey the airflow through the plurality of air outlets at an orientation that causes at least some of the airflow to wrap around the outer surface (Refer to Figures 1-6).
Regarding claim 22, Jiang discloses the arc-shaped channels are concentrically arranged within a wall of the elongate cylindrical body extending between the inner surface and the outer surface thereof (Refer to Figures 1-5).
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 21 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang.
Regarding claim 21, Jiang discloses the hair care accessory of claim 17 above, where Jiang further discloses the plurality of air outlets extend along the outer surface of the elongate cylindrical body in a plurality of rows; however, Jiang does not disclose that the plurality of air outlets in adjacent rows are rotationally offset from one another. Jiang provides the air outlets in a plurality of rows where the outlets are in alignment rather than being offset. It is well-known and conventional in the art to provide such outlets in aligned arrangements or rotationally offset arrangements and Official notice is taken in this regard. 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 hair care accessory of Jiang such that the air outlets in adjacent rows be rotationally offset, as it is well-known and conventional to have such channels either in alignment or in a rotationally offset arrangement as a matter of design choice or preference.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang and Park (US 20110239390).
Regarding claim 18, Jiang discloses the hair care accessory of claim 17 above; however, Jiang does not disclose the plurality of air inlets have a substantially oval shape and the plurality of air outlets have a substantially circular shape, such that a cross- sectional profile of the plurality of arc-shaped channels transition along their length from the substantially oval shape at the inner surface to the substantially circular shape at the outer surface. It is well-known in the art that such holes/openings may have various interchangeable cross-sectional shapes as demonstrated by Park (Refer to paragraph 0083 which discloses ellipsoid, circular, quadrilateral/square and other polygonal shapes). Park discloses a hair care device having a plurality of airflow channels where the inlets (inlets of 8a-8f on back wall) of the channels have an oval/elliptical shape (Refer to paragraphs 0074) and the channel transitions/tapers and the outlets (5a) have a circular shape (Refer to Figures 1-17). 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 hair care accessory of Jiang such that the channels have oval inlets and circular outlets as such a modification involves a mere change in shape where change in size/shape is generally recognized as being within the level of ordinary skill in the art and Park demonstrates these shapes are a well-known alternative shape.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang and De Benedictis (US 6148829).
Regarding claim 19, Jiang discloses the hair care accessory of claim 17 above; however, Jiang does not disclose the elongate cylindrical body includes a plurality of rings stacked upon one another, the arc-shaped channels formed between corresponding channel portions positioned on opposing surfaces of adjacent rings. The hair care appliance of Jiang provides the body as single piece rather than a plurality of stacked rings. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the body of Jiang such that the body be formed as a plurality of stacked pieces/rings, since it had been held that constructing a formerly integral structure in various elements involves only routine skill.
De Benedictis discloses a hair care appliance having a substantially cylindrical body with a plurality of bores/channels extending therethrough. De Benedictis teaches the body is formed in two parts/pieces where the channels adjacent each boundary of the parts/pieces extend at least partially through the adjacent parts/pieces. 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 hair care appliance of the combination of Salguero et al. and Jiang such that each of the plurality of bores/channels extend at least partially through the opposing surfaces of adjacent rings as De Benedictis demonstrates it is known for such bores/channels to be provided at the formed between corresponding channel portions positioned on opposing surfaces of adjacent rings.
Regarding claim 20, the combination of Jiang and De Benedictis disclose the hair care accessory of claim 17 above; however, the combination does not disclose a first channel portion on a first surface of a ring is rotationally offset from a second channel on a second surface of the ring opposite the first surface. Jiang provides the channels in a plurality of rows where the channels are in alignment rather than being offset. It is well-known and conventional in the art to provide such channels in aligned arrangements or rotationally offset arrangements and Official notice is taken in this regard. 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 hair care accessory of the combination of Jiang and De Benedictis such a first channel portion on a first surface of a ring is rotationally offset from a second channel on a second surface of the ring opposite the first surface, as it is well-known and conventional to have such channels either in alignment or in a rotationally offset arrangement as a matter of design choice or preference.
Claims 1 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Salguero et al. (US 20240306788) and Jiang (CN 217137085).
Regarding claim 1, Salguero et al. disclose a hair care accessory (Refer to Figures 1-12B) comprising: a hollow cylindrical elongate body (120) having first and second ends (ends near 115 and 110/125) with an inner lumen extending therethrough; a collar (115) at the first end of the elongate body defining an air inlet (135) therethrough for allowing airflow into the inner lumen, the collar being configured to removably couple the hollow cylindrical elongate body to a hair care appliance configured to supply the airflow to the air inlet; and a plurality of cylindrical outlet bores (circular bores 140,605) spaced radially around and longitudinally along the hollow cylindrical elongate body, each of the plurality of cylindrical outlet bores extending between an inner surface and an outer surface of the hollow cylindrical elongate body such that the plurality of cylindrical outlet bores are in fluid communication with the inner lumen in the hollow cylindrical elongate body; however, Salguero et al. do not disclose each of the plurality of cylindrical outlet bores being oriented at an angle such that airflow exiting the plurality of cylindrical outlet bores flows along and at least partially attaches to the outer surface of the hollow cylindrical elongate body. Jiang discloses a similar hair care accessory comprising a hollow cylindrical body having a plurality of bores extending through the body (Refer to Figures 1-6). Jiang teaches the bores are oriented at an angle (Refer to Figures 3 and 4) such that the airflow exiting flows along the outer surface of the body wrapping the hair around the body. 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 hair care appliance of Salguero et al. such that the bored be oriented at an angle as taught by Jiang so as to direct airflow along the outer surface of the cylindrical body to wind the hair around the body and thereby curl and style the hair.
Regrading claim 4, the combination of Salguero et al. and Jiang disclose the hair care accessory of claim 1, further comprising an end cap (125) positioned at the second end of the hollow cylindrical elongate body, the end cap forming a closed second end; however, the combination does not disclose the hollow cylindrical elongate body is formed from a plurality of stacked rings. The hair care appliance of the combination of Salguero et al. and Jiang provides the body as single piece rather than a plurality of stacked rings. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the body of the combination of Salguero et al. and Jiang such that the body be formed as a plurality of stacked pieces/rings, since it had been held that constructing a formerly integral structure in various elements involves only routine skill.
Regrading claim 5, the combination of Salguero et al. and Jiang disclose the hair care accessory of claim 1, Salguero et al. further disclose the plurality of cylindrical outlet bores comprise a plurality of rows of bores extending radially around the hollow cylindrical elongate body, each of the plurality of rows of bores being radially offset from an adjacent row of bores (Refer to Figures 1, 3, 6 and 7).
Regrading claim 6, the combination of Salguero et al. and Jiang disclose the hair care accessory of claim 1, the combination further discloses each of the plurality of outlet bores has a central longitudinal axis extending therethrough, the central longitudinal axis extending transverse to an axis extending perpendicular to the outer surface of the hollow cylindrical elongate body.
Regrading claim 7, the combination of Salguero et al. and Jiang disclose the hair care accessory of claim 6, Salguero et al. further disclose wherein the central longitudinal axis of each of the plurality of cylindrical outlet bores extends at an angle in a range of about 10 degrees to 45 degrees from the axis extending perpendicular to the outer surface. As explained in the rejection of claim 1 above, the bores were modified per the teachings of Jiang to be at an angle and Jiang depict the angle is within the claimed range.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Salguero et al. and Jiang as applied to claim 1 above, and further in view of De Benedictis (US 6148829).
Regarding claim 2, the combination of Salguero et al. and Jiang disclose the hair care accessory of claim 1; however, the combination does not disclose the hollow cylindrical elongate body is formed by a plurality of stacked rings, each of the plurality of cylindrical outlet bores extending at least partially through two adjacent rings. The hair care appliance of the combination of Salguero et al. and Jiang provides the body as single piece rather than a plurality of stacked rings. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the body of the combination of Salguero et al. and Jiang such that the body be formed as a plurality of stacked pieces/rings, since it had been held that constructing a formerly integral structure in various elements involves only routine skill.
De Benedictis discloses a hair care appliance having a substantially cylindrical body with a plurality of bores extending therethrough. De Benedictis teaches the body is formed in two parts/pieces where the bores adjacent each boundary of the parts/pieces extend at least partially through the adjacent parts/pieces. 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 hair care appliance of the combination of Salguero et al. and Jiang such that each of the plurality of bores extend at least partially through the adjacent rings as De Benedictis demonstrates it is known for such bores to be provided at the joint/boundary between adjacent parts and extending partially through each of the adjacent parts.
Regarding claim 3, the combination of Salguero et al. and Jiang disclose the hair care accessory of claim 1; however, the combination does not disclose the hollow cylindrical elongate body is formed by a plurality of stacked rings and wherein each ring has a first surface and a second surface opposite the first surface, at least one of the first surface and the second surface including at least one protrusion, and at least one of the first and second surfaces including at least one groove configured to receive at least one protrusion on an adjacent ring. The hair care appliance of the combination of Salguero et al. and Jiang provides the body as single piece rather than a plurality of stacked rings. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the body of the combination of Salguero et al. and Jiang such that the body be formed as a plurality of stacked pieces/rings having opposing first and second surfaces, since it had been held that constructing a formerly integral structure in various elements involves only routine skill.
De Benedictis discloses a hair care appliance having a substantially cylindrical body with a plurality of bores extending therethrough. De Benedictis teaches the body is formed in parts/pieces where the pieces have engaging boundary surfaces which engage to fasten the parts/pieces together. One boundary surface provides protrusions/projections and the other boundary surface provides corresponding bores/holes such that the protrusions and bores engage to assemble the pieces. 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 hair care appliance of the combination of Salguero et al. and Jiang such that the first and second surfaces have protrusions and grooves as taught by De Benedictis in order to ensure the pieces are properly engaged and aligned.
Claims 8-10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Salguero et al. and De Benedictis (US 6148829).
Regarding claim 8, Salguero et al. discloses a hair care accessory, comprising: an elongate cylindrical body (120) having an open first end (end near 115) and a second end (ends 110/125), the first end including an appliance mating portion (115) with a first air inlet (135) configured to receive an airflow from a hair dryer when the appliance mating portion is coupled to the hair dryer, the elongate cylindrical body including a plurality of cylindrical outlet bores (circular bores 140,605) extending therethrough from an inner wall to an outer wall of the elongate cylindrical body for allowing airflow received through the mating portion to flow out of the elongate cylindrical body; however, Salguero et al. do not disclose the elongated cylindrical body being formed of a plurality of stacked rings and each of the plurality of cylindrical outlet bores extending through an adjacent pair of the plurality of rings.
The hair care appliance of Salguero et al. provides the body as single piece rather than a plurality of stacked rings joined together; however, it is well-known and conventional to form parts is a single piece or as two or more pieces joined together. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the body of the Salguero et al. such that the body be formed as a plurality of stacked pieces/rings, since it had been held that constructing a formerly integral structure in various elements joined together involves only routine skill.
De Benedictis discloses a hair care appliance having a substantially cylindrical body with a plurality of bores extending therethrough. De Benedictis teaches the body is formed in two parts/pieces where the bores adjacent each boundary of the parts/pieces extend at least partially through the adjacent parts/pieces (Refer to Figures 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 hair care appliance of Salguero et al. such that each of the plurality of bores extend at least partially through the adjacent rings as De Benedictis demonstrates it is known for such bores to be provided at the joint/boundary between adjacent parts and extending partially through each of the adjacent parts.
Regarding claim 9, the combination of Salguero et al. and De Benedictis disclose the hair care accessory of claim 8, wherein the plurality of rings are mated together such that the outer wall of the elongate cylindrical body is continuous. Salguero et al. disclose the cylindrical body provides is continuous and per the modification outlined in claim 8 above, the same body is formed simply of multiple pieces joined/mated together; thereby still providing a continuous body.
Regarding claim 10, the combination of Salguero et al. and De Benedictis disclose the hair care accessory of claim 8; however, the combination does not disclose the plurality of rings have a first surface and a second surface opposite the first surface, at least one of the first surface and the second surface including at least one protrusion, and at least one of the first and second surfaces including at least one groove configured to receive at least one protrusion on an adjacent ring.
De Benedictis discloses a hair care appliance having a substantially cylindrical body with a plurality of bores extending therethrough. De Benedictis teaches the body is formed in parts/pieces where the pieces have engaging boundary surfaces which engage to fasten the parts/pieces together. One boundary surface provides protrusions/projections and the other boundary surface provides corresponding bores/holes such that the protrusions and bores engage to assemble the pieces. 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 hair care appliance of the combination of Salguero et al. and De Benedictis such that the first and second surfaces have protrusions and grooves as taught by De Benedictis in order to ensure the pieces are properly engaged and aligned.
Regarding claim 13, the combination of Salguero et al. and De Benedictis disclose the hair care accessory of claim 8 above, Salguero et al. further disclose the plurality of cylindrical outlet bores are arranged in rows extending along the elongate cylindrical body (Refer to Figures 1, 3, 6 and 7).
Regarding claim 14, the combination of Salguero et al. and De Benedictis disclose the hair care accessory of claim 13 above, wherein the plurality of cylindrical outlet bores in a first row are rotationally offset from the plurality of cylindrical outlet bores in a second row with respect to a longitudinal axis extending though the elongate cylindrical body (Refer to Figures 1, 3, 6 and 7).
Regarding claim 15, the combination of Salguero et al. and De Benedictis disclose the hair care accessory of claim 8 above, wherein each of the plurality of cylindrical outlet bores extending through an adjacent pair of the plurality of rings such that the plurality of rings includes a first portion of the plurality of cylindrical outlet bores on a first surface and a second portion of the plurality of cylindrical outlet bores on a second surface opposite the first surface, such that when adjacent rings are stacked upon one another the plurality of cylindrical outlet bores is formed between the first portion of a first ring and the second portion of a second ring adjacent to the first ring. As explained in the rejection of claim 8 above, the holes are modified to be provided between the stacked rings such that a portion of the bores is provided on one ring and another portion of the bores is on an adjacent ring, meaning when the rings are joined the corresponding portions of the bores align to form the bores as taught by De Benedictis (Refer to Figures 1 and 2).
Claims 11, 12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Salguero et al. and De Benedictis as applied to claim 8 above, and further in view of Jiang (CN 217137085 U).
Regarding claims 11, 12 and 16, the combination of Salguero et al. and De Benedictis disclose the hair care accessory of claim 8; however, the combination does not disclose the plurality of cylindrical outlet bores each have a central longitudinal axis that is oriented to cause airflow exiting from the bores to at least partially attach to/adhere and flow around the outer wall of the elongate cylindrical body, the plurality of cylindrical outlet bores have a radially curved shape as they extend from the inner wall to the outer wall.
Jiang discloses a similar hair care accessory comprising a hollow cylindrical body having a plurality of bores extending through the body (Refer to Figures 1-6). Jiang teaches the bores are oriented at an angle forming a radially curved shape as they extend from the inner wall to the outer wall (Refer to Figures 3 and 4) such that the airflow exiting flows along the outer surface of the body wrapping the hair around the body. 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 hair care appliance of Salguero et al. such that the bored be oriented at an angle as taught by Jiang so as to direct airflow along the outer surface of the cylindrical body to wind the hair around the body and thereby curl and style the hair.
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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