P31897.A05
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`DRAWING AMENDMENTS
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`The attached three sheets of drawings include changes to figures 6, 8, and 9. Sheet six
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`including figure 6; sheet eight including figure 8; and sheet nine including figure 9; replace
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`original sheets six, eight, and nine, respectively.
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`In figures 6, 8, and 9, reference numerals “26”
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`and “27” have been deleted.
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`Attachment: Three Replacement Sheets of Drawings
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`P31897.A05
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`Initially, Applicants would like to express appreciation to the Examiner for the detailed
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`REMARKS
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`Final Official Action provided.
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`Claims 1-9 are currently pending. Applicants respectfully request reconsideration of the
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`outstanding rejections and allowance of claims 1-9 in the present application. Such action is
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`respectfully requested and is now believed to be appropriate and proper.
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`The Examiner has objected to the drawings for minor informalities.
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`In response,
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`Applicants are submitting herewith amended drawings, including the changes required by the
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`Examiner. In particular, figures 6, 8, and 9 have been amended to delete reference numeral “27”
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`therefrom, as suggested by the Examiner. Additionally, figures 6, 8, and 9 have been amended
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`to delete reference numeral “26” therefrom. Accordingly,
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`in view of the above noted
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`amendments and remarks, it is believed that the objection to the figures has been overcome, and
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`Applicants respectfully request reconsideration and withdrawal of the outstanding objection.
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`The Examiner has rejected claims 1-9 under 35 U.S.C. § 112, first paragraph, as failing to
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`comply with the enablement requirement. In particular, the Examiner has taken the position that
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`the manner in which the button of claim 1 is slid to selectively engage the hooks and projections
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`in order to adjust the lifting plate height is not adequately disclosed.
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`In response thereto, Applicants respectfully submit that the basis for such rejection is not
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`appropriate and that the claims fully comply with the enablement requirement. Applicants
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`submit the following remarks. Claim 1 sets forth a depilator including, inter alia, a main body
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`casing; a depilation head; a wiper provided on the head frame; a lifting plate provided on the
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`wiper and that is slidable on the head frame; a pair of elastic hooks extending from the lifting
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`P31897.A05
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`plate and a plurality of engagement projections extending from the head frame; and a height
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`switching button.
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`Applicants’ claimed depilator is shown in figure 8 and described on pages 12-13 of the
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`specification.
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`In particular, the depilator includes a wiper 2 provided on the head frame 5. The
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`height of the wiper 2 is adjustable relative to the head frame 5, as shown in figure 8. The device
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`includes a lifting plate 33 provided on the wiper 2. The lifting plate 33 is attached to the wiper 2;
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`and the lifting plate 33 and the wiper 2 are moveable together relative to the head frame 5 to
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`adjust the height of the wiper 2. The elastic hooks 32 are provided on the lower left and right
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`sides of the lifting plate. A plurality of engagement portions 31 extend from left and right ends
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`of the frame 5. The hooks 32 engage respective engagement portions 31 to hold the wiper 2 at a
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`particular height. As shown in figure 8, the hooks 32 are in engagement with the lower pair of
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`engagement portions 31, and thus hold the wiper 2 in the lowest position. When the hooks 32
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`are in engagement with next highest pair of engagement portions 31, the wiper 2 is held in the
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`next highest position. The height switching button 29 is provided on an outer surface of the
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`lifting plate 33; and a hook 29a is provided on a rear surface of the height switching button 29.
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`The hook 29a secures the height switching button 29 to the wiper 2, so that the button 29 and the
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`wiper 2 are moveable together. The height switching button 29 projects from the aperture 30 in
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`the outer frame 5, and the aperture is larger than the height switching button 29 such that the
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`height switching button 29 is slidable in the aperture 30. Thus, when the user slides the height
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`switching button 29 vertically, the hooks 32 sequentially engage the engagement portions 31 to
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`adjust the height of the wiper 2.
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`In this regard, when the button 29 slides upwardly, the wiper 2
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`slides upwardly and the hooks 32 engage the next highest engagement portions 31. When the
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`button 29 slides downwardly, the wiper 2 slides downwardly and the hooks 32 engage the next
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`P31897.A05
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`lowest engagement portions 31. Accordingly, in view of the herein contained remarks, it is
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`respectfully submitted that the manner in which the button of claim 1 slides to selectively engage
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`the hooks with the projections to adjust the height of- the wiper is fully and completely described
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`and shown in the originally filed specification and drawings, in such a way as to enable one
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`skilled in the art to make and/or use the invention.
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`Accordingly,
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`in view of the above noted amendments and remarks, claims 1—9 are
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`believed to fillly comply with 35 U.S.C. § 112, first paragraph, and Applicants respectfully
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`request reconsideration and withdrawal of the outstanding rejection under 35 U.S.C. § 112, first
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`paragraph.
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`Claims 1-9 have been rejected under 35 U.S.C. § 103(a) as being unpatentable over
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`FLOESSHOLZER (US. Pat. Pub. No. 2002/0139610) in View of SUEYOSHI et al. (US Patent
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`No. 5,964,034) and SUEYOSHI (EP 1103203).
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`However, Applicants note that FLOESSHOLZER, SUEYOSHI et
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`al.
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`‘034 and
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`SUEYOSHI ‘203 fail to teach or suggest the subject matter claimed in claim 1.
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`In particular,
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`claim 1 sets forth a depilating device including, inter alia, a main body casing; a depilation head
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`with a depilating portion and a head frame; a wiper provided on the head frame; a lifting plate
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`provided on the wiper and that is slidable on the head frame with the wiper; a pair of elastic
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`hooks extending from the lifting plate; a plurality of engagement projections extending from the
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`head frame; the elastic hooks and engagement portions engaging each other to provide height
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`adjustability to the wiper; and a height switching button on the lifting plate extending through an
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`aperture in the head frame to sequentially engage the elastic hooks and engagement portions to
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`adjust the height of the wiper.
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`Applicants’ claimed depilator includes a wiper 2 that wipes soap bubbles adhered to the
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`skin surface. The height of the wiper 2 is adjustable relative to the head frame 5 in a direction
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`perpendicular to the skin surface. See particularly figure 8. The device includes a lifting plate
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`33 provided on the wiper 2. The lifting plate 33 and the wiper 2 are vertically slidable together
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`relative to the head frame 5, thereby adjusting the height of the wiper 2. The elastic hooks 32
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`provided on the lifting plate 33 engage the engagement portions 31 on the frame 5. Vertical
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`movement of the height switching button 29 moves the elastic hooks 32 sequentially between
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`respective pairs of engagement portions 31,
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`thereby adjusting the height of the wiper 2.
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`Accordingly, the present invention provides advantages and improvements over the prior art, in
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`which the height adjustable wiper prevents the adherence of unremoved hairs to the skin surface,
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`saves time, and improves the uSe of the device.
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`The FLOESSHOLZER publication discloses a depilating device including a noise
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`protection cap 9. The Examiner has taken the position that portion 9A acts as avwiper. However,
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`it is noted that paragraph [0028], to which the Examiner refers for disclosure of the portion 9A
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`acting as a wiper, indicates that the edge part 9A seals the depilator against the skin, providing
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`effective noise reduction. FLOESSHOLZER does not disclose or teach that the edge part 9A
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`does any wiping. Thus, contrary to the Examiner’s assertions, FLOESSHOLZER does not
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`disclose or teach that the edge part 9A could fairly be read as a wiper. Further, as recognized by
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`the Examiner, FLOESSHOLZER also fails to teach or suggest a height adjustable wiper and a
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`waterproof housing. FLOESSHOLZER also fails to teach or suggest a pair of elastic hooks and
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`a plurality of engagement portions engaged with each other, and a height switching button that
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`slides to sequentially engage the pair of elastic hooks and respective engagement portions to
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`adjust the height of the wiper.
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`P31897.A05
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`The SUEYOSHI et al. ‘034 patent is directed to an electric shaver having a floating head.
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`The SUEYOSHI et al. ‘034 device includes a skin touch guide 26 and a trimmer blade 2 that are
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`configured to be slidable upwardly and downWardly in the vertical direction. -See figures 9, 12,
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`and 14. The skin touch guide 26 and the trimmer blade 2 both move up and down together with
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`the slide button 7 in the configuration in which the lock button 70 is not pushed. Only the
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`trimmer blade 2 moves up and down with the slide button 7 in the configuration in which the
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`lock button 70 is pushed. See column 6, lines 44-47; and column 7, lines 6-9.
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`However, the SUEYOSHI et al. ‘034 device does not include “a pair of elastic hooks
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`extending from the lifting plate, and a plurality of engagement projections extending from the
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`head frame, the pair of elastic hooks and the plurality of engagement projections configured to
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`engage each other to provide height adjustability to the wiper relative to the head frame; and a
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`height switching button provided on the lifting plate and extending through an aperture in the
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`head frame, the height switching button sliding to sequentially engage the pair of elastic hooks
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`and respective engagement projections. to adjust
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`the height of the wiper”, as set forth in
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`independent claim 1.
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`In this regard, as shown in figure 6, the SUEYOSHI et al.l‘034 device
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`includes the elements 202 and projections 262 that combine so that a skin touch guide 26
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`trimmer base 20 can move up and down that the same time. SUEYOSHI et al. ‘034 does not
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`teach hooks that move to sequentially engage respective engagement portions as claimed.
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`In
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`particular, the projection pieces 262 of the skin touch guide 26 are positioned on the top face of
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`the push-up piece 202 of the trimmer base 20. Accordingly, when the skin touch guide 26 moves
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`vertically, the trimmer base 20 moves vertically therewith. When the trimmer base 20 moves
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`vertically, the skin touch guide 26 moves vertically therewith. Thus, the trimmer base 20 and the
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`skin touch guide 26 float together. The hooks 261 contact the lower faces of the upper walls of
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`P31897.A05
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`the engagement recesses 203 of the trimmer base 20 and stay in contact therewith. Thus, the
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`projection pieces 262 do not move relative to the push-up piece 20; and the hooks 261 do not
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`move relative to the engagement recesses 203. See column 4, line 60 through column 5, line 5.
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`Accordingly, SUEYOSHI et al. ‘034 fails to teach or suggest a pair of elastic hooks extending
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`from the lifting plate, and a plurality of engagement projections extending from the head frame,
`the pair of elastic hooks and theplurality of engagement projections configured to engage each
`other to provide height adjustability to the wiper-relative t0 the head flame; and a height
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`switching button provided on the lifting plate and extending through an aperture in the head
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`frame, the height switching button sliding to sequentially engage the pair of elastic hooks and
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`respective engagement projections to adjust the height of the wiper, as set forth in independent
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`claim 1.
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`Therefore,
`the SUEYOSHI et al.
`FLOESSHOLZER device,
`and
`even
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`‘034 patent fails to cure the deficiencies of the
`assuming,
`arguendo,
`that
`the
`teachings
`of
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`FLOESSHOLZER and SUEYOSHI et al.
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`‘034 have been properly combined, Applicants'
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`claimed depilating device would not have resulted from the combined teachings thereof.
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`Further, the SUEYOSHI ‘203 document discloses a hair removal device, but also fails to
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`teach or suggest “a pair of elastic hooks extending from the lifting plate, and a plurality of
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`engagement projections extending from the head frame, the pair of elastic hooks and the plurality
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`of engagement projections configured to engage each" other to provide height adjustability to the
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`wiper relative to the head frame; and a height switching button provided on the lifting plate and
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`extending through an aperture in the head frame,
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`the height switching button sliding to
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`sequentially engage the pair of elastic hooks and respective engagement projections to adjust the
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`height of the wiper”, as set forth in independent claim 1.
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`P31897.A05
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`Therefore, the SUEYOSHI et al. ‘203 document fails to cure the deficiencies of the
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`FLOESSHOLZER device,
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`and
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`even
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`assuming,
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`arguendo,
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`that
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`the
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`teachings
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`of
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`FLOESSHOLZER and SUEYOSHI ‘203 have been properly combined, Applicants' claimed
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`depilating device would not have resulted from the combined teachings thereof.
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`Further, there is nothing in the cited prior art that would lead one of ordinary'skill in the
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`art to make the modification suggested by the Examiner in the rejection of claim 1 under 35
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`U.S.C. § 103(a) over FLOESSHOLZER in View of SUEYOSHI et al. ‘034 and SUEYOSHI
`‘203. Thus, the only reason to combine the teachings of FLOESSHOLZER, SUEYOSHI et al.
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`‘034, and SUEYOSHI ‘203 results from a review of Applicants' disclosure and the application of
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`impermissible hindsight. Accordingly, the rejection of claim 1 under 35 U.S.C. § 103(a) over
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`FLOESSHOLZER in view of SUEYOSHI et al. ‘034 and SUEYOSHI ‘203 is improper for all
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`the above reasons and withdrawal thereof is respectfully requested.
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`Applicants submit that dependent claims 2-9:, which are at least patentable due to their
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`dependency from claim 1 for the reasons noted above, recite additional features of the invention
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`and are also separately patentable over the prior art of record based on the additionally recited
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`features. Accordingly, claims 2-9 are each separately patentable for these additional reasons.
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`Accordingly, Applicants respectfully request reconsideration and withdrawal of the
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`rejections, and an early indication of the allowance of claims 1—9.
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`SUMMARY AND CONCLUSION
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`In view of the foregoing, it is submitted that the proposed amendment is proper for entry
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`since it merely provides replacement sheets of drawings as required by the Examiner, and it is
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`also submitted that none of the references of record, considered alone or in any proper
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`combination thereof, anticipate or render obvious Applicants’ invention as recited in claims 1-9.
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`P31897.A05
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`The applied references of record have been discussed and distinguished, while significant
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`claimed features of the present invention have been pointed out.
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`Accordingly, consideration of the present response, reconsideration of the outstanding
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`Final Official Action, and allowance of all of the claims in the present application are
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`respectfully requested and now believed to be appropriate.
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`Applicants have made a sincere effort to place the present application in condition for
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`allowance and believe that they have now done so.
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`Should there be any questions, the Examiner is invited to contact the undersigned at the
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`below listed number.
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`Respectfully Submitted,
`Hidekazu SUEYOSHI et a1.
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` Reg. No. 9,027
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`Linda J. Hodge
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`Re .#47,348
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`August 17, 2009
`GREENBLUM & BERNSTEIN, P.L.C.
`1950 Roland Clarke Place
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`Reston, VA 20191
`(703) 716—1 191
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`Attachment: Three Replacement Sheets of Drawings
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`-10-
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