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 Objections
Claims 5 and 12 are objected to because of the following informalities:
Claim 5 recites “the plurality of teeth being wider at the attached end. The plurality of teeth equally spaced across the spine;” wherein it should be revised to read “the plurality of teeth being wider at the attached end; the plurality of teeth equally spaced across the spine.” to fix the grammatical error.
Claim 12 recites “the shaft of each…between the attached end and the exposed end” where antecedent basis is not present for the shaft, the attached end and the exposed end.
Appropriate correction is required.
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(s) 1-5, 7-10, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaw (US 2566965 A) in view of Chu (US 20220142328 A1).
Re. Claim 1, Shaw discloses a comb (Fig. 1) comprising:
a spine (20);
a plurality of teeth (22); and
a plurality of beads (24).
However, Shaw is silent to a plurality of support walls; each the plurality of support walls being spaced in between each of the plurality of teeth.
Chu discloses a comb in the same field of endeavor and further discloses a spine (1), a plurality of teeth (2) and a plurality of support walls (3) wherein each of the plurality of support walls being spaced in between each of the plurality of teeth (Fig. 1) to aid in absorption of water on the hair (Par. 27).
It would have been obvious someone skilled in the art before the effective filing date to have the comb of Shaw to have a plurality of support walls; each the plurality of support walls being spaced in between each of the plurality of teeth as taught by Chu to aid in absorption of water on the hair.
Re. Claim 2, Shaw and Chu discloses the comb as in claim 1 wherein Shaw discloses the spine is curved (Fig. 1 where the spine curves towards the inwards).
Re. Claim 3, Shaw discloses the comb as in claim 1 wherein Shaw discloses the plurality of teeth traverse the length of the spine (Fig. 1).
Re. Claim 4, Shaw and Chu discloses the comb as in claim 1 Shaw discloses comprising:
the plurality of teeth each comprising a shaft (Annotated Figure A of Fig. 1), an attached end (Annotated Figure A of Fig. 1) and an exposed end (Annotated Figure A of Fig. 1);
the attached end being fused to the spine of the comb (Fig. 2); and
the plurality of teeth being wider at the attached end (Fig. 1 where it shows that the teeth taper at the exposed end).
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Annotated Figure A
Re. Claim 5, Shaw and Chu discloses the comb as in claim 4 Shaw discloses comprising:
the plurality of teeth being wider at the attached end (Annotated Figure A of Fig. 1 where the teeth is tapering towards to the exposed end);
the plurality of teeth equally spaced across the spine (Fig. 1).
Re. Claim 7, Shaw and Chu discloses the comb as in claim 4 Shaw discloses comprising
the shaft of each of the plurality of teeth being positioned between the attached end and the exposed end (Annotated Figure A of Fig. 1); and
each of the plurality of beads being positioned on the shaft one of the plurality of teeth (Annotated Figure A of Fig. 1).
Re. Claim 8, Shaw discloses a comb (Fig. 1) as comprising:
a spine (20);
a plurality of teeth (22);
a plurality of beads (24); and
wherein the spine is curved (Fig. 1-2 shows the spine is curved inwards);
each of the plurality of beads being positioned on one of the plurality of teeth (Fig. 1-2).
However, Shaw is silent to a plurality of support walls; each the plurality of support walls being spaced in between each of the plurality of teeth.
Chu discloses a comb in the same field of endeavor and further discloses a spine (1), a plurality of teeth (2) and a plurality of support walls (3) wherein each of the plurality of support walls being spaced in between each of the plurality of teeth (Fig. 1) to aid in absorption of water on the hair (Par. 27).
It would have been obvious someone skilled in the art before the effective filing date to have the comb of Shaw to have a plurality of support walls; each the plurality of support walls being spaced in between each of the plurality of teeth as taught by Chu to aid in absorption of water on the hair.
Re. Claim 9, Shaw and Chu discloses the comb as in claim 8 Shaw discloses comprising:
wherein the plurality of teeth traverse the length of the spine (Fig. 1);
the plurality of teeth equally spaced across the spine (Fig. 1); and
a shaft of each of the plurality of teeth being positioned between the attached end and an exposed end (Annotated Figure A of Fig. 1).
Re. Claim 10, Shaw and Chu discloses the comb as in claim 8 Shaw discloses comprising:
the plurality of teeth each comprising a shaft, an attached end and an exposed end (Annotated Figure A of Fig. 1); and
the attached end being fused to the spine of the comb (Fig. 1);
the plurality of teeth being wider at the attached end (Annotated Figure A of Fig. 1 where the teeth is tapering towards to the exposed end).
Re. Claim 12, Shaw discloses a comb (Fig. 1) comprising:
a spine (20);
a plurality of teeth (22);
a plurality of beads (24);
wherein the spine is curved (Fig. 1-2 where it curves inwards); and
wherein the plurality of teeth traverse the length of the spine (Fig. 1-2)
a shaft of each of the plurality of teeth being positioned between the attached end and an exposed end (Annotated Figure A of Fig. 1); and
each of the plurality of beads being positioned on one of the plurality of teeth (Fig. 1-2).
However, Shaw is silent to a plurality of support walls; each the plurality of support walls being spaced in between each of the plurality of teeth.
Chu discloses a comb in the same field of endeavor and further discloses a spine (1), a plurality of teeth (2) and a plurality of support walls (3) wherein each of the plurality of support walls being spaced in between each of the plurality of teeth (Fig. 1) to aid in absorption of water on the hair (Par. 27).
It would have been obvious someone skilled in the art before the effective filing date to have the comb of Shaw to have a plurality of support walls; each the plurality of support walls being spaced in between each of the plurality of teeth as taught by Chu to aid in absorption of water on the hair.
Re. Claim 13, Shaw and Chu discloses the comb as in claim 12 Shaw discloses comprising:
the plurality of teeth each comprising a shaft, an attached end and an exposed end (Annotated Figure A of Fig. 1);
the attached end being fused to the spine of the comb (Fig. 1-2);
the plurality of teeth equally spaced across the spine (Fig. 1-2); and
the plurality of teeth being wider at the attached end (Annotated Figure A of Fig. 1 where the teeth is tapering towards to the exposed end).
Response to Arguments
Argument #1: Applicant argues that Chu discloses absorbent strips 3 which would extend along the length of the tooth, it would not be obvious to modify Shaw to have the structure as there would not be enough room between the teeth for both the protrusions and the absorbent strips. Further, applicant argues that because it extends the entire length, it would not be spaced in between the teeth.
Response #1: Applicant’s argument is found to not be persuasive as the device of Shaw would be able to include both the teaching of protrusions and absorbent strips to by adjusting the size of the strips accordingly to match that of Shaw’s comb. It should also be noted that it is disclosed that the strip does not extend the entire length but rather in between adjacent teeth as disclosed in Par. 28.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HOLLY T. TO/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
