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 .
Response to Arguments
Applicant’s arguments, see “Applicant Arguments/Remarks”, filed 07/11/2025, with respect to rejections under U.S.C. 112(b) and the Objections to the claims have been fully considered and are persuasive. The rejections under U.S.C. 112(b) and the Objections to the claims have been withdrawn.
Applicant’s arguments, see “Applicant Arguments/Remarks”, filed 07/11/2025, with respect to the 102 rejection under Duan have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu.
New Claim 15 is being withdrawn from consideration as it is directed towards the unelected Species B, see the Election/Restriction section.
A new Objection to Claim 1 is also added to fix a minor grammatical error.
Election/Restrictions
Claim 15 is withdrawn from further consideration. In the filed Arguments, Applicant points to Paras. 0036-0037 of their Specification as the support for this amendment. However, Para. 0033 makes clear this is directed towards Species B, Figs. 3-6, which was unelected without traverse in the reply filed 12/30/2024.
Claim Objections
Claim 1 is objected to because of the following informalities:
i. Regarding Claim 1, in Line 5 “to care a skin of the user” is grammatically incorrect.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“cold compressing portion” is identified as being a surface generating a cooling/cold effect when pressed against the skin in Para. 0041
“heat conducting portion” is identified in Para. 0051 as being an internal heat sink, a plurality of internal heat sinks, or internal plates that act in a similar manner to draw heat from the cold compressing portion above
“cool driving portion” is identified in Para. 0034 as a fan blade in a housing
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated CN Publication 112206051 awarded to Liu, hereinafter Liu.
Regarding Claim 1, Liu teaches a depilator (abstract), wherein the depilator comprises a head portion and a handheld portion coupled to the head portion (see annotated Fig. 3 below, the head portion contained within the annotated square, the handheld portion comprising the rest of the device, “The depilation mechanism 20 is inserted into the first cold compress inner shell 112, so as to realize the detachable purpose, at this time, it can be interference fit”); wherein the head portion comprises a cold compressing portion (cold compress module 12, Fig. 3) and an illuminating portion located in the head portion and arranged around the cold compressing portion (sterilizing lamp 34, Fig. 6); wherein the illuminating portion is configured to emit light from a periphery of the cold compressing portion to care a skin of a user (“a plurality of sterilizing module 30 is fixed on the first cold compress inner shell 112, each sterilizing module 30 comprises a lamp plate 32 and a lamp plate 32 of the sterilizing lamp 34, lamp plate 32 is fixed on the first cold compress inner shell 112; sterilizing lamp 34 towards the edge of one end of the sapphire 121. Alternatively, the sterilizing lamp 34 can emit blue light of the LED lamp”); and the hand-held portion comprises a hair removal device (light assembly 23 of depilation mechanism 20, Fig. 3, “The depilation mechanism 20 comprises a depilation shell assembly 21, a filter 22, a light emitting assembly 23 and a fan 24”), a heat conducting portion (heat pipe 13, Fig. 7), and a cool driving portion (fan 24); wherein the hair removal device is located at a part of the hand-held portion adjacent to the head portion and directly opposite to the cold compressing portion (Fig. 3 shows sapphire 121 of cold compress portion 12 on the opposite side of air inlet 116 as light assembly 23 of depilation unit 20), configured to emit light to pass through the cold compressing portion (“the light emitted by the light emitting component 23 is emitted from the light filter 22 and the cold compress module 12 in turn”); the heat conducting portion is in contact with the cold compressing portion, to absorb heat of the cold compressing portion (“the heat pipe 13 makes full use of the heat conduction principle and the fast heat transfer property of the phase change medium, the heat of the cold compress module 12 is quickly transferred to the far end of the heat source through the heat pipe 13, the heat conducting ability exceeds any known metal heat conducting ability”); and the cool driving portion is fixed on a side of the hair removal device away from the cold compressing portion (Fig. 3 shows fan 24 separate from sapphire 121), and configured to drive external cooling medium to flow through a part of the heat conducting portion away from the cold compressing portion, so that the heat of the heat conducting portion is taken away by the external cooling medium (“As shown in FIG. 3 arrow direction, under the action of the fan 24, the heat part of the depilation mechanism 20 in turn through the second air outlet hole 214 and the second radiating hole 118 discharge; the other part of the heat in the depilation mechanism 20 passes through the first air outlet hole 212, the first air flow passage 116, the second radiating hole 118, and the cold compress shell assembly 11 in the water steam; the other part of the heat in the depilation mechanism 20 passes through the first air outlet hole 212, the second air flow channel 119, the second radiating hole 118, and the heat pipe 13 near the heat. fan 24 can be axial flow fan, fan 24 also can be blower”).
Regarding Claim 2, Liu teaches the depilator according to Claim 1, wherein the illuminating portion comprises a light source substrate arranged around the cold compressing portion and the plurality LEDs arranged on the light source substrate; wherein the plurality of LEDs are equidistantly arranged around the cold compressing portion in a circumferential direction (“In order to solve the above problem, the depilator 100 is further provided with a plurality of sterilizing module 30, a plurality of sterilizing module 30 is fixed on the first cold compress inner shell 112, each sterilizing module 30 comprises a lamp plate 32 and a lamp plate 32 of the sterilizing lamp 34, lamp plate 32 is fixed on the first cold compress inner shell 112; sterilizing lamp 34 towards the edge of one end of the sapphire 121. Alternatively, the sterilizing lamp 34 can emit blue light of the LED lamp.”).
Regarding Claim 3, Liu teaches the depilator according to Claim 2, wherein the head portion further comprises a light cover (glass/sapphire 121, “sapphire 121 not only can transmit light, and good heat conducting performance, can ensure the refrigerating sheet 123 and the sapphire 121 with high efficiency heat conducting efficiency, so that the sapphire 121 has a stable low temperature. Of course, sapphire 121 can also be replaced by transparent object such as common glass”); wherein the light cover covers the plurality of LEDs, and defines a mounting hole for clearance fit with the cold compressing portion, and one surface of the cold compressing portion away from the hair removal device is flush with one surface of the light cover away from the LEDs (Figs. 3 and 6, “In order to solve the above problem, the depilator 100 is further provided with a plurality of sterilizing module 30, a plurality of sterilizing module 30 is fixed on the first cold compress inner shell 112, each sterilizing module 30 comprises a lamp plate 32 and a lamp plate 32 of the sterilizing lamp 34, lamp plate 32 is fixed on the first cold compress inner shell 112; sterilizing lamp 34 towards the edge of one end of the sapphire 121. Alternatively, the sterilizing lamp 34 can emit blue light of the LED lamp”).
Regarding Claim 4, Liu teaches the depilator according to Claim 3, wherein the light cover is a transparent or semi-transparent cover (“sapphire 121 not only can transmit light, and good heat conducting performance, can ensure the refrigerating sheet 123 and the sapphire 121 with high efficiency heat conducting efficiency, so that the sapphire 121 has a stable low temperature. Of course, sapphire 121 can also be replaced by transparent object such as common glass”).
Regarding Claim 5, Liu teaches the depilator according to Claim 3, wherein the hand-held portion comprises a housing (inner shell 112), wherein one end of the housing is abutted with the light cover, and the cold compressing portion, the hair removal device, the cool driving portion and the heat conducting portion are both fixed in the housing (Figs. 3 and 6, “In order to solve the above problem, the depilator 100 is further provided with a plurality of sterilizing module 30, a plurality of sterilizing module 30 is fixed on the first cold compress inner shell 112, each sterilizing module 30 comprises a lamp plate 32 and a lamp plate 32 of the sterilizing lamp 34, lamp plate 32 is fixed on the first cold compress inner shell 112; sterilizing lamp 34 towards the edge of one end of the sapphire 121. Alternatively, the sterilizing lamp 34 can emit blue light of the LED lamp”).
Regarding Claim 6, Liu teaches the depilator according to Claim 5, wherein the housing defines a first guide opening (air inlet 116) and a second guide opening (radiating channel 216); wherein the first guide opening is adjacent to the cool driving portion (Fig. 3, air inlet 116); the second guide opening is adjacent to the hair removal device (radiating channel 216); a cooling channel (channel 2111) is formed between the first guide opening and the second guide opening, and the cool driving portion is configured to drive the external cooling medium to flow in the cooling channel (“dehairing shell assembly 21 is formed with the first air flow channel 116 and the second air flow channel 119 spaced apart from the radiating channel 216; the radiating channel 216 is connected with the air inlet channel 2111”).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jess Mullins whose telephone number is (571)-272-8977. The examiner can normally be reached between the hours of 9:00 a.m. to 5:00 p.m. PST M-F.
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/JLM/
Examiner, Art Unit 3792
/JAMES M KISH/Supervisory Patent Examiner, Art Unit 3792
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