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 Amendment
With respect to the drawing objection, applicant amended claim 1, which overcome the drawing objection. Therefore the drawing objection is withdrawn. However, new drawing objection is raised due to the claim amendment.
With respect to the claim objection, applicant amended claim 1, which overcome the claim objection. Therefore the claim objection is withdrawn. However, new claim objection is raised due to the claim amendment.
With respect to the claim rejection under 35 U.S.C. 112(a) and 112(b), applicant amended claim 1, which overcome the claim rejection under 35 U.S.C. 112(a) and 112(b). Therefore the claim rejection under 35 U.S.C. 112(a) and 112(b) are withdrawn. However, claim rejection under 35 U.S.C. 112(a) and 112(b) are raised due to the claim amendment.
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
“A stored heat hair appliance comprising: a hair appliance” in claim 1;
“the enclosure is removably attached to at least one surface of the hair appliance” 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 an example 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 and where the appliance is optionally heated via a rechargeable battery.” in paragraph [30].
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 term “and/or” in claims 1 should read “or”. 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 “a stored heat hair appliance comprising: a hair appliance” is lacking written description. The specification does not disclose a hair appliance comprising an other hair appliance. Therefore the limitation is a new matter.
The limitation “wherein the heat-retaining materials comprise natural materials, organic materials, or both natural and organic materials” is lacking written description. The specification does not disclose the limitation in the specification. Therefore the limitation is a new matter.
The limitation “the enclosure is removably attached to at least one surface of the hair appliance” is lacking written description. The specification does not disclose the limitation in the specification. Therefore the limitation is a new matter.
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 “a stored heat hair appliance comprising: a hair appliance” is indefinite. It is unclear the different between the hair appliance in the preamble and the hair appliance in the body. The structure of the hair appliance in the body is unclear.
For the purpose of examination, the limitation “a stored heat hair appliance comprising: a hair appliance” is interpreted to the limitation “a stored heat hair appliance comprising:”
The limitation "the hair” is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4, 6, 9, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Delzell (US 2018/0344021).
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Regarding claim 1, Delzell teaches a stored heat hair appliance comprising:
a hair appliance;
heat-retaining materials (material of central portion of hair brush 100; see the annotation of figs.2-3. Any materials would substantially retain heat); and
an enclosure (peripheral portion of hair brush 100) comprised of fabric, plastic, fiberglass, metal, rubber, composite, carbon components, or any combination thereof (see para.[0034] “Embodiments of the hair brush 102, the bristles 104, and the bottle opener 106 can be formed from any materials in any combination. Examples can include, but are not limited to, natural materials (e.g., bone, ivory, wood) and synthetic materials (e.g., polymers, ceramics, metals, metal alloys), and any combination thereof”);
wherein the heat-retaining materials (material of central portion of hair brush 100) are enclosed within the enclosure (peripheral portion of hair brush 100);
wherein the enclosure (peripheral portion of hair brush 100) comes into contact with the hair during use of the stored heat hair appliance [Examiner’s note: peripheral portion of hair brush 100 is capable to contact with hair.];
wherein said stored heat hair appliance is heated by exposing the heat-retaining materials and/or the enclosure to hot air, a heating housing unit, a microwave, a stovetop, toaster, a hot plate, a boiler, a cooker, an oven, infrared sources, ultrasonic sources, solar sources, thermal pouches, a cartridge comprising gases or liquids, or any combination thereof [Examiner’s note: the stored heat hair appliance is capable to be heated by any heating source.]; and
wherein the heat-retaining materials comprise natural materials, organic materials, or both natural and organic materials (see para.[0034] “Embodiments of the hair brush 102, the bristles 104, and the bottle opener 106 can be formed from any materials in any combination. Examples can include, but are not limited to, natural materials (e.g., bone, ivory, wood) and synthetic materials (e.g., polymers, ceramics, metals, metal alloys), and any combination thereof”) .
Delzell does not explicitly teach the enclosure is removably attached to at least one surface of the hair appliance.
However, it would have been obvious to one having ordinary skill in the art at the time the enclosure were made to separable to the hair appliance, in order to reduce the storage space of the hair appliance so that make the hair appliance more portable , since it has been held that constructing a structure in separable various elements involves only routine skill in the art (MPEP 2144.04).
Regarding claim 2, Delzell teaches the appliance (brush 100) is a hair brush (brush 100) or a hair comb or a combination of a hair brush and a comb (See figs.1-3).
Regarding claim 4, Delzell teaches the heat-retaining materials or the enclosure or both the heat-retaining materials and the enclosure are replaceable [Examiner’s note: Since brushes are consumable goods, the brush which including heat-retaining materials are replaceable.]
Regarding claim 6, Delzell teaches the heat-retaining materials comprise rice, seeds, nuts, legumes, grains, oats, flowers, herbs, wood, silica, or combinations thereof (see para.[0034] “Embodiments of the hair brush 102, the bristles 104, and the bottle opener 106 can be formed from any materials in any combination. Examples can include, but are not limited to, natural materials (e.g., bone, ivory, wood)”).
Regarding claim 9, Delzell teaches the enclosure (peripheral portion of hair brush 100) for the heat-retaining materials are dampened, coated, woven, infused , or otherwise constructed such that the enclosure include water, fragrances, gels, conditioners, keratin, silicones, essential oils, solid materials such as spices, dried flowers, seeds, herbs, or combinations thereof (peripheral portion of hair brush 100 comprise solid materials.)
Regarding claim 20, Delzell teaches the stored heat hair appliance, the heat-retaining materials, the enclosure, or any combination thereof is heated using hot air. [Examiner’s note: The stored heat hair appliance, the heat-retaining materials, the enclosure, or any combination thereof is capable to be heated by hot air.]
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Delzell in view of Weinstein (US 8,595,885).
Regarding claim 7-8, Delzell des not teach the heat-retaining materials are mixed with one or more hair additives, and wherein the one or more hair additives comprise water, gels, conditioners, keratin, silicones, flowers, fragrance, essential oils, spices, herbs, and/or combinations thereof.
However, Weinstein teaches in the same field of endeavor of a hair brush (brush 10) comprising heat-retaining materials mixed with one or more hair additives (see col.3, lines 33-34 “the middle layer of flexible bristle tufts 40 such as pure boar bristle tufts 40 conditions the hair by distributing natural oils”).
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It would have been obvious to one of ordinary skill in the art before the effective filling date the claimed invention was made to modify the brush of Delzell by replacing the bristles with the bristles including a middle layer of flexible bristle tufts distributing natural oils as taught by Weinstein, in order to provide a clean, healthy and luxurious coat for hair (See col.1, lines 44-45).
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 CHRIS Q LIU whose telephone number is (571)272-8241. The examiner can normally be reached Mon-Fri 9:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRIS Q LIU/Primary Examiner, Art Unit 3761
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