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 1-14 are objected to because of the following informalities: Claims 1-14 use “the” and “said” when referring to previously recited structure and for consistency and clarity only one of these words should be used. Applicant should pick between “the” and “said” and use it throughout the claims accordingly to refer to previously recited structures. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitations “securing mechanism” and “stoppage mechanism” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “mechanism” coupled with functional language “securing” or “stoppage” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 9 and 13 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: The disclosure states the securing mechanism may be a key, a bolt, a clip, a lever, a spring etc. With regard to the stoppage mechanism the disclosure does not provide details beyond the hinge being configured to prevent rotation beyond 180 degrees.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 2 and 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.
Claim 2 recites “said hinge comprises a spring hinge, a pivot hinge, and snap hinge and a butt hinge” where it is unclear how the hinge can be all of these types of hinges at once. It is believed it may have been Applicant’s intention to require the hinge be one of these types of hinges; therefore, it is recommended Applicant amend the claim to recite “a spring hinge, a pivot hinge, and snap hinge or a butt hinge”.
Claim 14 recites “a teeth-retaining end of said back piece of said hand-held portion” where it is unclear if this teeth-retaining end is the same or different from the teeth -retaining end recited in claim 1.
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, 2, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frost (GB 2396104A).
Regarding clam 1, Frost discloses a foldable lice comb for extracting lice or nits from hair or scalp, the comb comprising a first member hingedly attached to a second member via a hinge (see annotated Figure 1 below); both said first member and said second member comprise a hand-held portion (see annotated Figure 1 below) and a parallel series of teeth (2) which extend outwardly from a teeth-retaining end (portion of handheld portion adjacent proximal ends of teeth) of said hand-held portion; and said hinge being parallel to said series of teeth (Refer to dashed lines in annotated Figure 1 below showing the series of teeth and the hinge being parallel) and being configured to allow said first member to fold towards said second member to acquire a folded configuration (Refer to Figures 2 and 3) and to fold away from said second member to acquire an unfolded configuration (Refer to Figure 1), said parallel series of teeth being spaced and positioned such that when the comb acquires said folded configuration, said parallel series of teeth of said first member interlace with said parallel series of teeth (Refer to Figures 2 and 3) of said second member to form a comb configured to remove lice or nits from hair or scalp (Refer to Abstract), whereas when the comb acquires said unfolded configuration, said teeth of both said members are in a contiguous orientation (teeth are contiguous, as the dictionary defines contiguous as touching along a boundary (where the handheld portions and hinge would be the boundary) or next to or near in sequence or touching or connected through an unbroken sequence (the teeth are next to each other and connected through an unbroken sequence)).
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Regarding claim 2, Frost discloses said hinge comprises a spring hinge (material is resilient such that releasing brings the portions to the unfolded configuration and maintaining the folded configuration requires squeezing the portions together and holding) or a pivot hinge (hinge defines a pivot axis).
Regarding claim 10, Frost discloses an outer edge of said hand-held portion of each of said first member and said second member is rounded (See annotated Figure below).
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Regarding claim 11, Frost discloses said hand-held portion of said first member is of the same shape and dimensions as said hand-held portion of said second member, thereby ensuring that when the comb is in its folded configuration, said hand-held portions sit directly on one another to form a single member (Refer to Figures 1-3).
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.
Claims 3-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Frost and Bachrach et al. (US 20090314305).
Regarding claims 3 and 4, Frost discloses the folding lice comb of claim 1 above, where the spacing between the teeth of the first and second members appears to be equal and the teeth appear to be evenly spaced (Refer to Figures 1-3); however, Frost does not explicitly state the spacing between the teeth of the first member is equivalent to a spacing between the teeth of the second member and the teeth of the first member and the second member are evenly spaced. Bachrach et al. discloses a similar lice comb where two rows of teeth are provided and the teeth of each row are equivalently and evenly spaced (Refer to Figure 4 and paragraph 0006). Thus, Bachrach et al. demonstrate even and equivalent spacing between the teeth is well-known and conventional and permits trapping of the lice/nits and for this reason it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Frost such that the spacing between the teeth of the first and second members be equivalent and even as claimed.
Regarding claim 5, Frost discloses the foldable lice comb of claim 1 above; however, Frost is silent regarding the teeth of the first member and the second member are tapered. Bachrach et al. discloses a similar lice comb where two rows of teeth are provided and the teeth of each row are tapered (Refer to Abstract, paragraphs 0016 and 0017 and Figures 2, 3 and 5), where providing such a taper ensures the comb is gentle on the scalp, facilitates sliding of the comb through the hair and reduces snagging/damage to the hair. It would have been obvious to one of the art before the effective filing date of the claimed invention to modify the lice comb of Frost such that the teeth of the first and second members be tapered as taught by Bachrach et al. in order to ensure the comb is gentle on the scalp, easy to glide/run through hair and reduces snagging or damage to the hair during use.
Regarding claim 8, Frost discloses the folded lice comb of claim 1, wherein Frost acknowledges it is conventional for the teeth of lice combs to be made of metal (Refer to the third and fourth paragraphs of page 5); however, Frost does not explicitly disclose the teeth of the first and second members being stainless steel. Bachrach et al. discloses a similar lice comb where teeth are made of stainless steel (Refer to claim 4 and paragraph 0016). It would have been obvious to one of ordinary skill in the art before ethe effective filing date of the claimed invention to modify the lice comb of Frost such that the teeth of first and second members be made of stainless steel as taught by Bachrach et al. since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Frost as applied to claim 1 above, and further in view of Sanz et al. (US 2012024342).
Regarding claims 6 and 7, Frost discloses the folded lice comb of claim 1 above; however, Frost does not disclose the teeth of the first member and the second member are helically grooved. Sanz et al. disclose a lice comb where the teeth have helical grooves (5) for gripping and trapping lice (Refer to paragraph 0029). 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 teeth of Frost to provide helical grooves as taught by Sanz et al. in order to improve gripping and trapping of lice.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Frost and Lazicki (US 2638100).
Regarding claim 9, Frost discloses the foldable lice comb of claim 1; however, Frost does not disclose a securing mechanism for securing the comb in its folded configuration. Frost teaches the comb is requires squeezing and holding to keep the comb in the folded configuration. Lazicki discloses a similar folding comb where a hinge (24,25) is provided and two sections of comb are folded upon one another via the hinge (Refer to Figures 6-8). Lazicki teaches a spring clamp (33) may be used to engage over the two folded sections to keep them in the folded configuration (Refer to Figure 8 and col. 4 lines 1-6) and when a user wishes to clean the comb, the clamp is simply removed and the sections are pivoted open. 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 foldable lice comb of Frost to include a securing mechanism which secures the comb in the folded configuration as taught by Lazicki to facilitate use by no longer requiring the user continue to apply pressure (squeeze) the comb to keep it in the folded configuration.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Frost and Go (KR 200362141 Y1).
Regarding claim 14, Frost discloses the foldable lice comb of claim 1 above, wherein said hand-held portion of each member comprises a back piece facing interiorly when the comb is in said folded configuration, said parallel series of teeth extend outwardly from a teeth-retaining end of said back piece of said hand-held portion (Refer to Figures 1-3 and annotated Figures above, where the each hand-held portion constitutes a back piece); however, Frost does not disclose a front piece facing exteriorly when the comb is in said folded configuration. It is well-known and common in the art for handheld portions of combs to provide decorative front pieces disposed over a backpiece carrying the teeth as demonstrated by Go (front pieces 30a, 30b cover outer surfaces of a back piece 10, Refer to Abstract and Figures 1-2c). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the comb of Frost such that the exterior faces of the back pieces each have a decorative front piece coupled thereto and facing exteriorly as taught by Go in order to enhance the aesthetics of the comb such that during use (i.e. in folded configuration), the decorative front pieces are exposed (form an exterior) and viewable to the user for a more enjoyable experience.
Claims 1-4, 8-9and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Rabb (US 1607564) and Foster (US 2241879).
Regarding claim 1, Rabb discloses a foldable comb (Refer to Figures 1-5) capable of being used to extract lice or nits from hair or scalp, the comb comprising a first member (11 with teeth projecting therefrom) hingedly attached to a second member (10 with teeth projecting therefrom) via a hinge (14,15 or assembly of 12,13,14,15,16,17,18,19,20,22,23,24,25); both said first member and said second member comprise a hand-held portion (10, 11) and a parallel series of teeth (teeth projecting from 10,11) which extend outwardly from a teeth-retaining end of said hand-held portion; and said hinge being parallel to said series of teeth (axis extending through opposite ends of hinge 14,15 is parallel to the direction in which each tooth of the series of teeth extend) and being configured to allow said first member to fold towards said second member to acquire a folded configuration (when 10 and 11 are brought together such that the combs are parallel, Refer to lines 51-56) and to fold away from said second member to acquire an unfolded configuration (Refer to Figures 1, 2 and 5), said parallel series of teeth being spaced and positioned such that when the comb acquires said unfolded configuration, said teeth of both said members are in a contiguous orientation; however, Rabb is silent regarding how the teeth are arranged in the folded configuration (aligned, misaligned, etc.) and therefore does not disclose that when the comb acquires said folded configuration, said parallel series of teeth of said first member interlace with said parallel series of teeth of said second member.
Foster discloses a similar folding comb where first and second members hingedly connected to each other, where each member has a hand-held portion (13,15) and comb teeth (14,16) (Refer to Figures 1-3). Foster explains that when the comb is in the folded configuration the teeth are slightly spaced laterally from each other (Refer to col. 1 lines 9-13 and Figure 1). 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 foldable comb of Rabb such that in the folded configuration the teeth of the first and second members interlace as taught by Foster as such an interlacing configuration is well-known and conventional in the art and provides smaller spacing/gaps between the teeth which provides many advantages such as facilitating detangling and trapping of debris, nits, lice, etc. and being more gentle on the hair (less damage).
Regarding claim 2, the combination of Rabb and Foster disclose the comb of claim 1, wherein said hinge comprises a spring hinge, a pivot hinge, a snap hinge or a butt hinge (Refer to Figures 1-5 of Rabb).
Regarding claim 3, the combination of Rabb and Foster disclose the comb of claim 1, wherein a spacing between the teeth of the first member is equivalent to a spacing between the teeth of the second member (Refer to Figures 1 and 2 of Rabb).
Regarding claim 4, the combination of Rabb and Foster disclose the comb of claim 1, wherein the teeth of the first member and the second member are evenly spaced (Refer to Figures 1-2).
Regarding claim 8, the combination of Rabb and Foster disclose the comb of claim 1; however, the combination is silent regarding the material used to construct the teeth and therefore does not disclose the teeth being made of stainless steel. 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 foldable comb of the combination of Rabb and Foster such that the teeth be made of stainless steel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 9, the combination of Rabb and Foster disclose the comb of claim 1 above; however, the combination does not disclose a securing mechanism for securing the comb in its folded configuration. Foster teaches the hand-held portions can be provided with corresponding studs (23) and sockets (24) which allow the foldable comb to be secured in the closed configuration. 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 foldable comb of the combination of Rabb and Foster such that the comb provide a securing mechanism for securing the comb in its folded configuration as taught by Foster so as to prevent accidental opening when the closed configuration is desired.
Regarding claim 11, the combination of Rabb and Foster disclose the comb of claim 1 above wherein said hand-held portion of said first member is of the same shape and dimensions as said hand-held portion of said second member, thereby ensuring that when the comb is in its folded configuration, said hand-held portions sit directly on one another to form a single member (Refer to Figures 1-5 of Rabb).
Regarding claim 12, the combination of Rabb and Foster disclose the comb of claim 1 above, wherein Rabb further discloses said hinge is configured to prevent opening further than 180 degrees in said unfolded configuration (Refer to Figures 3-5, the hinge includes elements 22,23,24,25 which prevent opening further than 180 degrees).
Regarding claim 13, the combination of Rabb and Foster disclose the comb of claim 1 above, Rabb further discloses a stoppage mechanism (22,23,24,25) that prevents opening further than 180 degrees in said unfolded configuration (Refer to Figures 3-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0212434 and 5873374 provide hand-held portions similarly shaped to that of Applicant’s invention. US 6691713 provides a hinged/folding lice comb. The following patent documents disclose folding combs where the pivoting arrangement is similar to that of Applicant’s invention: US 1651746, US 1636870, US 1616930 and US 1579143.
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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