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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/30/2025 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the limitation “said stored heat hair appliance is not electrically or battery powered” in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 04/16/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
“FIG. 2 illustrates s of a stored heat hair appliance of the present invention in the form of a brush, wherein the heat-retaining materials are permanently affixed to the appliance
“Fig. 2 illustrates examples of another es 200. In Figs. 2A and 2B, the stored heat hair brushes 200 have supporting surface 22 comprised of heat-retaining materials 24. In an alternative embodiment, not shown, the stored heat hair appliance may be a round brush, a cushion brush, a vented brush, a barrel brush, or other brush tool, In an alternative embodiment, not shown, the stored heat hair appliance may be a comb, rather than a brush, having teeth, rather than bristles, that are affixed to the portion of the comb comprising heat-retaining materials. In further embodiments, also not shown, the bristles or teeth, may comprise the heat-retaining materials.” in paragraph [42];
“In Figs. 2A and 2A, the heat-retaining materials 24 are affixed directly to the supporting surface 22. In other preferred embodiments, not shown, the heat-retaining materials 24 could be covered by another material or enclosed in enclosures, such as pockets, sleeves, compartments, or other forms of confinement, where such enclosures may be permanently sealed and/or may be able to be opened and closed and/or could be completely removed and replaced. The other materials covering the heat-retaining materials 24, or the enclosures of the heat-retaining materials 24, may be solid, mesh, or perforated fabric, plastic, fiberglass, metal, rubber, composite, and/or carbon material components or the like.” in paragraph [43];
“Fig. 2A of Fig. 2A that has a rechargeable battery, the user would place the hair brush 200 into the charging station 250 to charge. As depicted in Fig. 2A, the charging station 250 comprises a structure 26 that interacts with a cavity 25 of the hair brush 200 such as to align the hair brush charging points 27 with the charging station charging points 28 so as to enable the rechargeable battery of the hair brush 200 to charge and heat the hair brush 200 via a power connection 29. The power connection itself could be made using usb or, not shown, a traditional electrical plug. The present invention further includes hair brushes or combs that are not powered by battery or electricity, but instead merely contain heat-retaining components (including but not limited to heat-retaining components in the base of the bristles/teeth, and/or on or at the bristles/teeth). Fig. 2B depicts such a stored heated hair brush 200 that is not powered by battery or electricity where, like Fig. 2A, the bristles 20 are embedded within the supporting surface 22, which is comprised of heat-retaining materials 24.” in paragraph [44];
The new figure filed on 10/30/2025.
Therefore the specification amendment will not enter. Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities:
The signs “(a)”, “(b)”, and “(c)” should be removed.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the limitation “at least one surface that is separable from the enclosure and the heat-retaining materials, wherein the heat-retaining materials are enclosed within the enclosure; wherein the enclosure is affixed to the at least one surface” is lacking written description. The specification does not disclose such a surface that that is separable from the enclosure and the heat-retaining materials, and affixed to the enclosure.
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.
Claim 1 is 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.
Regarding claim 1, the limitation “at least one surface that is separable from the enclosure and the heat-retaining materials, wherein the heat-retaining materials are enclosed within the enclosure; wherein the enclosure is affixed to the at least one surface” is indefinite. It is unclear what structure defines the at least one surface, and how that at least one surface can be separable from the enclosure and affixed to the enclosure at the same time, since these two limitations contradict each other.
Response to Amendment
With respect to the drawing objection and specification objection, applicant amended the specification and the drawings filed on 10/30/2025, which includes new matters. Therefore the drawing and the specification amendment will not enter, and the drawing objection and specification objection are respectfully maintained.
With respect to the claim objection, applicant amended the claims 1-2 and 4, which overcome the claim objection. Therefore the claim objection is withdrawn. However, new claim objection is raised due to the claim amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because prior art rejection is temporary removed due to the claim amendment of claim 1 makes the patentability of the subject matter in the claims cannot be determined. Examiner cannot conduct proper search due to the nonsensical limitation in the claims. Examiner suggests applicant to amend the claims to clearly define invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
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/CHRIS Q LIU/Primary Examiner, Art Unit 3761