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 .
Priority
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.
Claim Rejections - 35 USC § 112
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.
Claims 1-22 are 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.
Claim 1, line 7 recites “the second heating element”; claim 16, line 6 recites “the first and second heating elements”. There is insufficient antecedent basis for this limitation in the claim.
Claim 6, line 1 recites “a second heating element” which should be changed to “the second heating element” because claim 1 when amended recites “a second heating element”.
Claim 20, line 1 recites “a second heating element” which should be changed to “the second heating element” because claim 16 when amended recites “a second heating element”.
Claims 2-5, 7-15, 17-19, 21 and 22 are also rejected because they are dependent upon claims 1 and 16.
Claim Rejections - 35 USC § 102
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.
(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 1-4, 6, 10, 15-17, 19-20 and 22-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yu (WO 2021/129543). An English machine translation of Yu (WO 2021/129543) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Yu teaches an apparatus (title, abstract, 0004, hair dryer), comprising: a first heating element (Fig 21, first heating device 4121, 0286, 0287) configured to heat air to be output from a device (0287, hair dryer) powered with alternating current (AC) power (0147, 0154, alternating current); and a processor (Fig 24, processor 4401, 0324) configured to, based on a phase angle of the AC power and based on which one of a plurality of stages the device is operating in, control turning on and off the first heating element and control turning on and off (Fig 22, 0292, 0299-0301, step 4202, obtain the opening sequence ratio of the first and second heating device; 0330, the operating mode includes controlling the opening sequence, the opening sequence ratio, and the control angle of each opening sequence of the first heating device and the second heating device) the second heating element (second heating device 4122, 0286, 0287).
With respect to the limitations of claims 2, 3, 4, 6, 10 and 15, Yu teaches each of the plurality of stages corresponds to a predetermined phase angle of the AC power at which the first heating element is turned on to heat the air to be output from the device (Fig 2, control angle of 30°, 0150);
a dead zone is in each 360° cycle of the AC power such that none of the predetermined phase angles are in the dead zone (Fig 2, control angle of 30°, 0150).
further comprising a temperature sensor configured to measure a temperature of the air to be output (Fig 21, temperature sensor 4130, 0285) from the device; the processor (4401) is configured to increase the stage by one if the measured temperature is below a predetermined desired temperature (0294, 0303, 0309-0314); and the processor is configured to decrease the stage by one if the measured temperature is above the predetermined desired temperature (0294, 0303, 0309-0314, when the difference between the updated overall power and the target power is outside the preset range, re-exercising the steps of controlling the heating power of the first heating element to increase or decrease according to the opening sequence ratio, and controlling the heating power of the second heating element to increase or decrease, until the difference between the updated overall power and the target power is within the preset range);
further comprising a second heating element (Fig 21, second heating device 4122, 0286, 0287) configured to heat the air to be output from the device; the processor (Fig 24, processor 4401, 0324) is configured to, based on the phase angle of the AC power and based on which one of the plurality of stages the device is operating in, control turning on and off the second heating element (Fig 22, 0292, 0299-0301, step 4202, obtain the opening sequence ratio of the first and second heating device; 0330, the operating mode includes controlling the opening sequence, the opening sequence ratio, and the control angle of each opening sequence of the first heating device and the second heating device);
each of the stages corresponds to a power level of the device ranging from 0% power to 100% power (0303, 0311, 0312, 0314);
further comprising a non-transitory computer-readable storage medium storing an algorithm configured to be executed by the processor to control the turning on and off the first heating element (Fig 24, processor 4401, memory 4402, 0323; 0325).
With respect to the limitations of claim 16, Yu teaches an apparatus (title, abstract, 0004, hair dryer), comprising: a first heating element (Fig 21, first heating device 4121, 0286, 0287) configured to heat air to be output from a hair dryer (0287, hair dryer) powered with alternating current (AC) power (0147, 0154, alternating current); a temperature sensor (Fig 21, temperature sensor 4130, 0285) configured to measure a temperature of the air to be output from the hair dryer; and a processor (Fig 24, processor 4401, 0324) communicatively coupled to the first and second heating elements (second heating device 4122, 0286, 0287) and configured to: identify which one of a plurality of stages the hair dryer is operating in, each of the plurality of stages corresponding to a first predetermined phase angle of the AC power at which the processor is configured to turn on the first heating element (Fig 22, 0292, 0299-0301, step 4202, obtain the opening sequence ratio of the first and second heating device; 0330, the operating mode includes controlling the opening sequence, the opening sequence ratio, and the control angle of each opening sequence of the first heating device and the second heating device); and change the stage the hair dryer is operating in based on whether the measured temperature satisfies a predetermined desired temperature (0294, 0303, 0309-0314).
With respect to the limitations of claims 17, 19 and 22, Yu teaches the processor (4401) is configured to increase the stage by one if the measured temperature is below the predetermined desired temperature (0294, 0303, 0309-0314); and the processor is configured to decrease the stage by one if the measured temperature is above the predetermined desired temperature (0294, 0303, 0309-0314);
a dead zone is in each 360° cycle of the AC power such that none of the predetermined phase angles are in the dead zone (Fig 2, control angle of 30°, 0150);
further comprising a non-transitory computer-readable storage medium storing an algorithm configured to be executed by the processor (Fig 24, processor 4401, memory 4402, 0323; 0325) to identify which one of the plurality of stages the hair dryer is operating in and to change the stage the hair dryer is operating in (Fig 22, 0292, 0299-0301, step 4202, obtain the opening sequence ratio of the first and second heating device; 0330, the operating mode includes controlling the opening sequence, the opening sequence ratio, and the control angle of each opening sequence of the first heating device and the second heating device).
Claim 20 is similarly rejected as set forth in the rejection of claims 6 and 7.
With respect to the limitations of claim 23, Yu teaches a method, comprising: based on a phase angle of AC power powering a device and based on which one of a plurality of stages the device is operating in, causing, with a processor (Fig 24, processor 4401, 0324), a first heating element (Fig 21, first heating device 4121, 0286, 0287) of the device heating air (0287, hair dryer) to be output from the device to be turned on and off (Fig 22, 0292, 0299-0301, step 4202, obtain the opening sequence ratio of the first and second heating device; 0330, the operating mode includes controlling the opening sequence, the opening sequence ratio, and the control angle of each opening sequence of the first heating device and the second heating device).
With respect to the limitations of claim 24, Yu teaches a non-transitory computer-readable storage medium comprising a program for execution by the processor (Fig 24, processor 4401, memory 4402, 0323; 0325), the program including instructions which, when executed by the processor, cause the device to perform the method of claim 23 (as set forth in the rejection of claim 23 above).
Claim Rejections - 35 USC § 103
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.
Claims 5, 7, 8 and 21 are rejected under 35 U.S.C. 103 as being obvious over Yu (WO 2021/129543) as applied to claims 1, 2, 4, 16 and 20, further in view of Laveni (US 2017/0164709).
With respect to the limitations of claim 5, Yu discloses the claimed invention except for explicitly showing further comprising a heat control configured to allow a user to set the predetermined desired temperature. However, Laveni discloses further comprising a heat control configured to allow a user to set the predetermined desired temperature (Figs 1, 2, control buttons 62, 64, 0040) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the heating apparatus of Yu having first and second heating elements silent to a heat control with the further comprising a heat control configured to allow a user to set the predetermined desired temperature of Laveni for the purpose of providing a known heat control configuration that enables a user to select from a range of temperature settings (0040), thereby improving the overall convenience of the device.
With respect to the limitations of claim 7, Yu teaches each of the plurality of stages corresponds to a first predetermined phase angle of the AC power at which one of the first and second heating elements is turned on to heat the air to be output from the device and corresponds to a second predetermined angle phase of the AC power at which the other of the first and second heating elements is turned on to heat the air to be output from the device (0299-0301, 0330).
With respect to the limitations of claims 8 and 21, Yu in view of Laveni discloses the claimed invention except for alternate ones of the stages apply the first predetermined phase angle to the first heating element and the second predetermined phase angle to the second heating element with intervening ones of the stages applying the second predetermined phase angle to the first heating element and the first predetermined phase angle to the second heating element. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have alternate ones of the stages apply the first predetermined phase angle to the first heating element and the second predetermined phase angle to the second heating element with intervening ones of the stages applying the second predetermined phase angle to the first heating element and the first predetermined phase angle to the second heating element, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable phase angle stages involves only routine skill in the art (see MPEP 2144.04).
Claims 9, 11, 12, 13 and 18 are rejected under 35 U.S.C. 103 as being obvious over Yu (WO 2021/129543) as applied to claims 1 and 16, further in view of Yeun (GB2606228).
With respect to the limitations of claims 9 and 11, Yu discloses the claimed invention except for the processor is configured to change the stage of the device only once per 360° cycle of the AC power; further comprising a circuit configured to filter the AC power input to the device prior to the processor receiving the input AC power.
However, Yeun discloses the processor (Fig 2, microcontroller 48, Pg 13, Lines 30-35) is configured to change the stage of the device only once per 360° cycle of the AC power (Pg 29, Lines 1-8, other schemes can use different numbers of half-cycles or full-cycles for phase-angle and burst-fire control); further comprising a circuit (Fig 2, mains filter 36, Pg 13, Lines 5-8) configured to filter the AC power input to the device prior to the processor (48) receiving the input AC power is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the heating apparatus of Yu having a processor changing the stage of the device per cycle silent to once per cycle with the processor is configured to change the stage of the device only once per 360° cycle of the AC power of Yeun for the purpose of using a known control scheme that is suitable of controlling an average voltage applied to a heater to ensure that a maximum power is not exceeded (Pg 28, Lines 15-17). It would also have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the heating apparatus of Yu having a processor silent to an AC filter with the further comprising a circuit configured to filter the AC power input to the device prior to the processor receiving the input AC power of Yeun for the purpose of providing a known filtering device that removes excessive noise from the AC power.
With respect to the limitations of claims 12 and 13, Yu in view of Yuen discloses the device is a hair dryer configured to output the heated air (Yu, 0004, hair dryer), and the first heating element (Yeun, Figs 2, 3, heater 32, Pg 12) and the heat control circuit (Yeun, microcontroller 48) are each disposed in a handle (Yeun, heater housing 14, Pg 12) of the hair dryer;
further comprising a housing (Yeun, Fig 1, housing 12, Pg 12) of the hair dryer; and a power cable (Yeun, electrical cable 16, Pg 12) extending from the housing configured to operatively couple to an AC source (Yeun, power connector 15, Pg 12, Lines 10-17); the handle (14) extends from the housing.
Claim 18 is similarly rejected as set forth in the rejection of claim 11 above.
Claim 14 is rejected under 35 U.S.C. 103 as being obvious over Yu (WO 2021/129543) in view of Yeun (GB2606228) as applied to claims 1 and 12, further in Duan (CN 213244680). An English machine translation of Duan (CN 213244680) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 14, Yu in view of Yeun discloses further comprising a filter circuit disposed in the handle (Yeun, housing 12, which can be grasped by a user’s hand) and configured to filter the AC power input to the hair dryer prior to the processor receiving the input AC power (Yeun, Fig 2, mains filter 36, Pg 13, Lines 5-8). Yu in view of Yeun discloses the claimed invention except for the filter circuit includes an inductor and two capacitors.
However, Duan discloses the filter circuit includes an inductor and two capacitors (Fig 14, inductors L1, L2, L3, capacitors C21, C31, C32, C61, C71, C81, C82, 0054) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the heating apparatus of Yu in view of Yeun having an AC filter silent to the recited inductor and capacitor with the filter circuit includes an inductor and two capacitors of Duan for the purpose of providing a known inductor / capacitor power filter configuration with high-efficiency electromagnetic isolation and high-efficiency heat dissipation (0009).
Conclusion
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 1/26/2026