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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 and 12 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Zelickson et al. (CA 2896011).
In re. claim 1, with reference to Figures 34-38, Zelickson et al. disclose a grooming device capable for use with animals with asynchronous intermittent light exposure, comprising: a head portion comprising: a hollow housing (1000) having an upper wall, a lower wall and at least one sidewall, the upper wall having a light exposure aperture formed therethrough [0201-0207]; and a plurality of light sources received within the hollow housing [0201], wherein each of the light sources produces light with a unique wavelength range [0204], the plurality of light sources being positioned within the hollow housing such that the light generated thereby passes through the light exposure aperture [0207]; a handle portion attached to the head portion [0102] [0180]; a grooming accessory releasably attached to the head portion (Fig. 38); and a controller configured to actuate selected ones of the plurality of light sources at preselected times with respect to one another and for preselected intervals [0201].
In re. claim 2, with reference to Figures 34-38, Zelickson et al. disclose the handle portion is releasably attached to the head portion [0102] [0180].
In re. claim 3, with reference to Figures 34-38, Zelickson et al. disclose the head portion comprises a hollow connection portion for releasable attachment to the handle portion [0102] [0180].
In re. claim 4, with reference to Figures 34-38, Zelickson et al. disclose the upper wall of the hollow housing has a fluid port formed therein, the hollow connection portion being in fluid communication with the fluid port [0207].
In re. claim 5, with reference to Figures 34-38, Zelickson et al. disclose a pump in communication with the controller, the pump being adapted for selectively and controllably pumping a fluid through the hollow connection portion and the fluid port [0182] [0225].
In re. claim 6, with reference to [0181-0182], Zelickson et al. disclose a blower in communication with the controller, the blower being adapted for selectively and controllably blowing air through the hollow connection portion and the fluid port.
In re. claim 7, with reference to [0181-0182], Zelickson et al. disclose a suction fan in communication with the controller, the suction fan being adapted for selectively and controllably sucking air through the fluid port and the hollow connection portion.
In re. claim 8, with reference to Figure 38, Zelickson et al. disclose the grooming accessory comprises a brush.
In re. claim 9, with reference to Figure 38, Zelickson et al. disclose the brush comprises: a bristle plate releasably attached to the hollow housing; and a plurality of bristles fixed to, and projecting from, the bristle plate, wherein the bristle plate has a light exposure opening formed therethrough, the light exposure opening being aligned with the light exposure aperture when the bristle plate is releasably attached to the hollow housing.
In re. claim 12, with reference to [0123], [0198], [0227], Zelickson et al. disclose the grooming accessory comprises a massager.
Allowable Subject Matter
Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA L PERRY whose telephone number is (571)270-3113. The examiner can normally be reached Monday-Friday 10am-6pm.
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/MONICA L PERRY/Primary Examiner, Art Unit 3644
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