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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/09/2026 has been entered.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6, 11-12, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gress et al. (US4217915).
Regarding claim 1, Gress discloses a heated (12) straightening brush (Figures 1 and 3) for styling hair (“To facilitate curling and waving”, refer to the Abstract) comprising a brush head (8’ + 10 + 18; it is noted that the embodiment of Figure 3 “is essentially similar to that of FIGS. 1 and 2, except that the shape of the brush body is flattened”, refer to Column 2, lines 66–68), wherein the cross-section of the brush head consists of one front surface (not labeled, refer to Annotated Figure 3 – First Interpretation below; where the front surface includes the portion of 8’ disposed above arrows labeled “Front Surface” AND stubs/projections 10; refer to Column 2, lines 29-31 which states “stubs or projections 10; in their simplest form, they are made of the same material as the cover 8 and are formed therewith as one single integral casting or molding”; additionally refer to Annotated Figure 3 – Second Interpretation wherein the front surface is the portion of 8’ disposed between the arrows of the first and second sides AND stubs/projections 10) that is convex (refer to both annotated figures below), two side surfaces (not labeled, refer to Annotated Figure 3 – First Interpretation and Annotated Figure 3 – Second Interpretation below where the side surfaces include first and second side surfaces) that are convex (refer to both annotated figures below), and one back surface (not labeled, refer to both annotated figures, below wherein the back surface extends entirely between the first and second side surfaces) that is flat (refer to both annotated figures below), and wherein during use, the convex surfaces of the brush head of the heated hair straightening brush can add waves and/or flips to the hair (the convex surfaces of the brush are formed of metal, as described in Column 2, lines 23-25 and are in contact with spiral heating coils, 12, as depicted in Figures 1 and 3, when a user’s hair is placed onto the convex surfaces and subjected to the heat of the brush, the hair is able to be reshaped to match that of the curvature of the convex surfaces; longer hair strands wrapped about the convex surfaces along an entire length of the hair would be formed into waves, whereas shorter hair strands or just the ends of longer hair strands, would be formed into flips).
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Regarding claim 2, Gress discloses the heated straightening brush of claim 1 (see both annotated figures provided in the rejection to claim 1, above), wherein the front surface of the brush head is heated and wherein both of the side surfaces of the brush head are heated (portion 8’ of the brush body is “made of a material which is a good conductor of heat, for example metal”, refer to Column 2 lines 23-25 and heating elements 12 are disposed on and in contact with an interior surface of the metal body, 8’ thereby providing the front and both side surfaces to be heated, where 8’ extends between both the front and the side surfaces).
Regarding claim 3, Gress discloses the heated straightening brush of claim 1, wherein the front surface of the brush head has bristles or tufts (refer to the annotated figures provided in the rejection to claim 1 above, for both the first and second interpretations, where bristles 1 are disposed on the front surface).
Regarding claim 4, Gress discloses the heated straightening brush of claim 3, wherein neither of the side surfaces of the brush head have bristles or tufts (refer to Annotated Figure 3 - First Interpretation provided in the rejection to claim 1 above, wherein no bristles are shown to be on either of the side surfaces).
Regarding claim 5, Gress discloses the heated straightening brush of claim 3, wherein at least one of the side surfaces of the brush head has bristles or tufts (refer to Annotated Figure 3 - Second Interpretation provided in the rejection to claim 1 above, wherein both side surfaces have bristles, 1), and wherein the overall density of the bristles or tufts on said at least one side surface is less than the overall density of the bristles or tufts on the front surface of the brush head (referring to the annotated Figure in the second interpretation applied to the rejection of claim 1, the first and second side surfaces each comprise a single row of bristles, whereas the front surface comprises six rows of bristles, thereby providing the overall density of bristles/quantity of bristles to be greater on the front surface than on either of the side surfaces).
Regarding claim 6, Gress discloses the heated straightening brush of claim 1, wherein at least a portion of one surface of the brush head has a texture (refer to Gress Figure 3, where stubs/projections 10 are disposed about a portion of an exterior surface corresponding to the front surface, where these projections define a texture) and/or a coating.
Regarding claim 11, Gress discloses the heated straightening dryer brush of claim 1, wherein the front surface of the brush head is heated and wherein at least one of the side surfaces of the brush head is heated (refer to both of the annotated figures provided in the rejection to claim 1 above, wherein the front surface and both of the side surfaces comprise metal body 8’, which is in contact with heating elements 12, thereby providing the front surface and the side surfaces to be heated).
Regarding claim 12, Gress discloses the heated straightening dryer brush of claim 11, wherein both of the side surfaces of the brush head are heated (refer to both of the annotated figures provided in the rejection to claim 1 above, wherein both of the side surfaces comprise metal body 8’, which is in contact with heating elements 12, thereby providing both of the side surfaces to be heated).
Regarding claim 23, Gress discloses the heated straightening brush of claim 1, wherein the side surfaces of the brush head have a radius of curvature (Rs) and the front surface of the brush head has a radius of curvature (R1), wherein (Rs) is less than (R1) (a larger radius of curvature equates to a more flat surface; referring to both annotated figures provided in the rejection to claim 1 above, the front surface is depicted as being more flat that the first and second surfaces, thereby providing the radius of curvature of the front surface (R1) to be greater than that of either of the side surfaces (Rs), thereby meeting the claimed relationship of (Rs) is less than (R1); although the figures may not be to scale, they can still be relied upon for teaching the general conditions of the claim because the overall relationship is depicted).
Response to Arguments
Priority
Applicant’s amendments to the claims which cancelled claims 8 and 18, render the previous lack of priority determination moot.
Claim Objections
Applicant’s amendments to the claims render all previous claim objections moot.
35 USC 112(a)
Applicant’s amendments to the claims render all previous 35 USC 112(a) rejections moot.
35 USC 102 and 103
Applicant’s arguments with respect to claim(s) 1-6, 8-16, and 18-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/SARAH WOODHOUSE/Examiner, Art Unit 3772