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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`12/029,690
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`02/12/2008
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`Tetsuro HAS HIGUCHI
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`P3393 8
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`9302
`
`7055
`7590
`06/18/2014
`GREENBLUM & BERNSTEIN, P.L.C.
`1950 ROLAND CLARKE PLACE
`RESTON, VA 20191
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`EXAMINER
`COLELLO, ERINL
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`PAPER NUMBER
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`ART UNIT
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`3734
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`NOT *ICATION DATE
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`DELIVERY MODE
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`06/ 1 8/2014
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`gbpatent @ gbpatent.c0m
`greenblumbernsteinplc @ gmail.c0m
`
`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 12/029,690 HASHIGUCHI ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`ERIN COLELLO its“ 3734
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
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`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on July 7, 2011.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 13 4 6 8 and 10 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`6)|:I Claim(s)
`is/are allowed.
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`7)|Z| Claim(s) 1 3 4 6 8 and 10 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
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`are subject to restriction and/or election requirement.
`9)|:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`I/'/\WII‘IN.USOIO. ov/ atentS/init events/
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`
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`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`
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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20140530
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`

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`Application/Control Number: 12/029,690
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`Page 2
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`Art Unit: 3734
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`DETAILED ACTION
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`Continued Examination Under 37 CFR 1. 1 14
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`A request for continued examination under 37 CFR 1.114, including the fee set
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`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 7,
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`2011 has been entered.
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`Claims 1, 3-4, 6, 8 and 10 will be prosecuted on the merits.
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`Applicant’s arguments with respect to claims 1, 3-4, 6, 8 and 10 have been
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`considered but are moot in view of the new ground of rejection.
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`Claim Rejections - 35 USC § 102
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`2.
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
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`102 that form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one year prior to the date of application
`for patent in the United States.
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`3.
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`Claims 1, 3-4, 6, 8 and 10 are rejected under pre-AIA 35 U.S.C. 102(b) as being
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`anticipated by Inoue et al (US 2003/0009856).
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`

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`Application/Control Number: 12/029,690
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`Page 3
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`Art Unit: 3734
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`Regarding claims 1, 4, Inoue discloses a hair removal apparatus comprising: a
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`plurality of extractors, each of which rotates on a first rotary axis extending in a direction
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`generally parallel to a skin surface during epilation (Figures 1, 5; Ref 4; Para [0007],
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`[0041], [0050]), each of the plurality of extractors having a tweezing mechanism for
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`grasping hairs (Ref 383, 421; Para [0007], [0034], [0046], [0048], [0064], [0085]); a
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`plurality of sleeves, each of which surrounds one of the plurality of extractors and
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`projects outward toward the skin surface at least to a point where an outer end of the
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`sleeve becomes flush with an extreme outer part of each of the plurality of extractors
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`(Ref 32; Figures 1, 5, 11 ; Para [0054]); and a driver that turns each of the plurality of
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`extractors in a corresponding one of the plurality of sleeves about a second rotary axis
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`which is generally perpendicular to the skin surface (Ref 3, 3a, 17, 18, 19, 15c, 21W,
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`22W; Para [0037], [0049], [0062], [0063], [0081]); wherein each of the plurality of
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`sleeves surrounding a corresponding one of the plurality of extractors is configured to
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`protrude and retract in a direction generally perpendicular to the skin surface
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`independently of the other of the plurality of sleeves (Ref 32, 4; Para [0071], [0078],
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`[0101]), and the hair removal apparatus pulls the grasped hairs out of the skin surface
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`when moved with the plurality of extractors held in contact with the skin surface (Ref 4,
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`383, 421; Para [0007], [0034], [0046], [0048], [0064], [0085]); wherein the plurality of
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`extractors are swingable in directions along the skin surface independently of one
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`another while protruding and retracting in the direction generally perpendicular to the
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`skin surface independently of one another (Ref 4; Para [0071], [0078]-[0080], [0101]-
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`[0109]).
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`

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`Application/Control Number: 12/029,690
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`Page 4
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`Art Unit: 3734
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`Regarding claims 3 and 6, Inoue discloses that the driver includes: a first
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`motive power transmission mechanism connected to a power source (Ref 3, 3a, 17, 18,
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`19, 15c; 15g, 15e; 21W, 22W; Para [0035], [0037], [0049], [0062], [0063], [0081]); and a
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`plurality of second motive power transmission mechanisms connected to the first motive
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`power transmission mechanism to respectively transmit a driving force supplied from
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`the first motive power transmission mechanism to the plurality of extractors (Ref 42g,
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`20W; Ref 21W, 22W 15g, 15e, 15c, 19, 18, 17, 3a, 3; Para [0037], [0049], [0062],
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`[0063], [0081]); wherein each of the plurality of sleeves, the corresponding one of the
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`plurality of extractors and a corresponding one of the plurality of second motive power
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`transmission mechanisms are assembled to constitute a modular epilation unit (Ref 32,
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`4); the hair removal apparatus further comprising: a casing that supports the modular
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`epilation units (Ref 31, 155, 7, 1), each of the modular epilation units being provided
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`with a pin which is fitted in a slot provided in the casing such that each of the epilation
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`units protrudes and retracts, and swings as the pin moves along and turns in the slot
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`(Ref 4, 4b, 27, 28, 98; Para [0071], [0078]-[0080], [0101]-[0109]).
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`Regarding claim 8, lnoue discloses that the first motive power transmission
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`mechanism has an output portion which is movable relative to the casing in the direction
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`generally perpendicular to the skin surface (Ref 3, 3a, 17, 18, 19, 15c, 15e, 15g; 21W,
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`22W; Para [0035], [0037], [0049], [0062], [0063], [0081]), and each of the second motive
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`power transmission mechanisms has an input portion which flexibly meshes with the
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`output portion of the first motive power transmission mechanism(Ref 42g, 20W; Ref
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`21w, 22W15c, 19, 18, 17, 3a, 3; Para [0037], [0049], [0062], [0063], [0081]).
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`

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`Application/Control Number: 12/029,690
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`Page 5
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`Art Unit: 3734
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`Regarding claim 10, Inoue discloses that the first motive power transmission
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`mechanism is provided with a biasing member which biases the output portion of the
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`first motive power transmission mechanism in a direction toward the skin surface (Ref
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`21W, 22W 15e, 15g, 15c, 19, 18, 17, 3a, 3; Ref 42g, 20W; Para [0037], [0049], [0062],
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`[0063], [0081]; wherein the first motive power transmission mechanism is biased to
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`rotate in a direction toward the skin surface by the gear train).
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`Response to Arguments
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`Applicant’s arguments with respect to claims 1, 3-4, 6, 8 and 10 have been
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`considered but are moot in view of the new ground of rejection.
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`Conclusion
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`4.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ERIN COLELLO whose telephone number is (571 )270-
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`3212. The examiner can normally be reached on Monday-Friday between 9:00 am and
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`5:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, please contact
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`the examiner’s supervisor, Darwin Erezo, at(571) 272-4695. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`If there are any inquiries that are not being addressed by first contacting
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`the Examiner or the Supervisor, you may send an email inquiry to
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`T03700 Workgroup D inguiriesgagusptogov.
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`

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`Application/Control Number: 12/029,690
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`Page 6
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`Art Unit: 3734
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`Erin Colello
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`/E. C./
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`Examiner, Art Unit 3734
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`May 30, 2014
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`/DARWIN EREZO/
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`Supervisory Patent Examiner, Art Unit 3734
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`