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 filed 9/11/2025 have been fully considered but they are not persuasive.
On page 8 of the reply, applicant argues, “In contrast, Nowak et al., at [0040-0044 and 0075], which was cited in the rejections of claims 2 and 8, is silent with respect to changing heat level based on whether the hair was previously heat-styled, let alone changing the heat level to lower it. Further, although Nowak et al. at [0040], may teach, at best, that hair-classification, which can be used to determine glide speed, can include "treated" hair, the meaning of "treated" in this context is not clear. No definition is provided, and the term is found in a list between "healthy" and "damaged," which would seemingly imply that "treated" describes a health condition of hair between healthy damaged. Further, throughout the rest of the disclosure, Nowak et al. describes its technology with respect to a single styling session, so it would logically follow that "treated" in this context does not refer to hair that was previously heat-styled and is being subsequently touched-up.”
However, the limitations of “refresh mode” and “wherein activation of the refresh mode indicates that the hair care appliance will be used on hair that has been previously heat-styled” are not structure and are not considered functional language. They are merely an arbitrary, intangible, representation of the mode being selected. If “refresh” and “wherein activation of the refresh mode indicates that the hair care appliance will be used on hair that has been previously heat-styled” are removed from the claim language the structure and function of the device will remain the same.
The controller receives a selection of hair parameters and determines if a certain mode is active. If that mode has been active, the heating element heats at a reduced level. This is the same structure and function as a device having a low power and high-power mode. The arbitrary term assigned to the low/reduced heat or low power mode is “refresh mode”. The activation of a mode could indicate you’re using the device with anything. It would not change the structure or function of the device, a button to place the device into a reduced heat mode.
Further, there are no limitations to indicate the device would have any other heat level as only a reduced heat level is claimed. One could argue an “on/off” button would meet the limitations. No heat is considered a heating level.
Further, Nowak discloses, heating plates 142 and 144 are heated to and maintained at an operating temperature suitable for styling the hair, such as within a range of from 75° C. to 235° C. The operating temperature may depend upon inputs from an associated user regarding the associated hair-type classification, the associated hair-condition classification and/or other factors associated with the hair segments being styled or otherwise treated. As an example, a maximum temperature of approximately 232° C. could be used in some cases. In one embodiment, an operating temperature for the heating elements will be maintained at a level that is suitable for raising and maintaining the temperature of the hair segments being treated to at least an activation temperature for a semi-permanent hair straightening composition or other similar product. The heating temperature is selected based on an associated hair-condition. In paragraph [0040] of Nowak, “treated” hair is considered to be a hair condition.
“As discussed above, hair styling appliance 100 can be operable based on one or more of inputs, settings, information and/or data entered or otherwise provided by an associated user, such as may relate to an associated hair-type classification and/or an associated hair-condition classification, for example, or a desired operating temperature. Non-limiting examples of hair-type classifications can include any combination of one or more of curl amount (e.g., straight, wavy, curly), hair thickness (e.g., thin, medium, thick), length (e.g., short, medium, long). Non-limiting examples of hair-condition classifications can include healthy, treated and damaged. It will be appreciated that any suitable combination of features, elements and/or systems can be used by the associated user to communicate the one or more of inputs, settings, information and/or data to control system 158. As one example, appliance 100 can include one or more user input devices 160-168, such as may take the form of physical buttons or touch-screen representations of buttons, for example. User input devices 162-168 can be disposed on or along any combination of walls and for wall portions of application 100, such as on or along any one or more of wall portions 122-128 and/or 132-140, for example. In one exemplary arrangement shown in FIGS. 1, 6, 7, 11, 12 and 15, input device 160 can function as a power button and input devices 162-168 can respectively correspond to first, second, third and fourth performance settings. As non-limiting examples, such performance settings can have a relation to or association with factors such as hair-type classifications, hair-condition classifications, treatment temperature settings, number of treatment passes, and/or any combination of the foregoing and/or other factors. It will be appreciated, however, that other configurations and/or arrangements could alternately be used. As one example, one or more toggle and selection buttons together with a display screen or readout could be used. As another example, the hair styling appliance may include a wired or wireless communication device such that an external device, such as a computer, tablet or smartphone, for example, may be used to communicate inputs to and display outputs from the hair styling appliance.”
The same reasoning applies to the method, the steps in the method will remain the same. The mode is selected and, regardless of the name and reasoning of the mode, the heat is reduced.
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)(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.
Claim(s) 1, 3-5, 7, 9, 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nowak et al (US 2019/0387856).
Nowak discloses, regarding claim 1, a hair care appliance comprising (Abstract): a heating element configured to heat to a plurality of heat levels (para (0007), (0035)-(0038)- hair styling appliance can include first and second heating plates; heating plates 142 and 144 are heated to and maintained at an operating temperature suitable for styling the hair, such as within a range of from 75.degree. C. to 235.degree. C.); a touchscreen comprising a user interface (para (0040)- appliance 100 can include one or more user input devices 160-168, such as may take the form of physical buttons or touch-screen representations of buttons); and a controller operably coupled to the heating element and the touchscreen, the controller configured to (Fig. 15; para (0041)-(0042)- controller 170 can include a hardware processing device, which can be of any suitable type, kind and/or configuration, such as a processor); receive a user selection of one or more hair parameters via the user interface (para (0009), (0037), (0040)- input from the associated user regarding at least one of the associated hair-type classification and the associated hair-condition classification of the associated hair segment to be styled; hair-type classifications can include any combination of one or more of curl amount (e.g., straight, wavy, curly), hair thickness (e.g., thin, medium, thick), length (e.g., short, medium, long). Non-limiting examples of hair-condition classifications can include healthy, treated and damaged); determine a heat level corresponding to the selected one or more hair parameters (para [0037), (0040)
(0043) - operating temperature may depend upon inputs from an associated user regarding the associated hair-type classification, the associated hair-condition classification and/or other factors associated with the hair segments being styled or otherwise treated; such performance settings can have a relation to or association with factors such as hair-type classifications, hair-condition classifications); and control the heating element to cause the heating element to heat to the determined heat level (para [0037), (0040)-(0043)- operating temperature may depend upon inputs from an associated user regarding the associated hair-type classification, the associated hair condition classification and/or other factors associated with the hair segments being styled or otherwise treated; such performance settings can have a relation to or association with factors such as hair-type classifications, hair-condition classifications), determine whether a refresh mode has been activated and determine the heat level corresponding to the selected one or more parameters and whether the refresh mode has been activated (para [0040)-(0044), [0075)-(0075)- settings; glide speed). The limitations of “refresh mode” and “wherein activation of the refresh mode indicates that the hair care appliance will be used on hair that has been previously heat-styled” are not structure and are not considered functional language. They are merely an arbitrary, intangible, representation of the mode being selected. If “refresh” and “wherein activation of the refresh mode indicates that the hair care appliance will be used on hair that has been previously heat-styled” are removed from the claim language the structure and function of the device will remain the same. The controller receives a selection of hair parameters and determines if a certain mode is active. If that mode has been active, the heating element heats at a reduced level. This is the same structure and function as a device having a low power and high-power mode. The arbitrary term assigned to the low/reduced heat or low power mode is “refresh mode”. The activation of a mode could indicate you’re using the device with anything. It would not change the structure or function of the device, a button to place the device into a reduced heat mode. Further, Nowak discloses, heating plates 142 and 144 are heated to and maintained at an operating temperature suitable for styling the hair, such as within a range of from 75° C. to 235° C. The operating temperature may depend upon inputs from an associated user regarding the associated hair-type classification, the associated hair-condition classification and/or other factors associated with the hair segments being styled or otherwise treated. As an example, a maximum temperature of approximately 232° C. could be used in some cases. In one embodiment, an operating temperature for the heating elements will be maintained at a level that is suitable for raising and maintaining the temperature of the hair segments being treated to at least an activation temperature for a semi-permanent hair straightening composition or other similar product. The heating temperature is selected based on an associated hair-condition. In paragraph [0040] of Nowak, “treated” hair is considered to be a hair condition. Regarding claim 3, he hair care appliance is selected from the group consisting of a straightening iron, a curling iron, a hair roller, a hot-air brush, a hair straightening brush, a curling wand, and a hair dryer (para [0003), (0040), [0058)- appliances for treating (e.g., curling, straightening) hair). Regarding claim 4, the one or more hair parameters comprise at least one of a hair thickness, a hair length, and whether hair is color-treated (para (0040)- hair thickness (e.g., thin, medium, thick), length (e.g., short, medium, long)). Regarding claim 5, the controller 170 comprises a processor coupled to a memory 174 storing instructions that, when executed by the processor, cause the processor to receive the user selection, determined the heat level, and control the heating element (para (0041)-(0043)).
Nowak discloses, regarding claim 7, method for controlling a heat level of a hair care appliance
(Abstract), the hair care appliance comprising a touchscreen comprising a user interface and a heating element (para (0007], (0035], (0040] -(0038]- hair styling appliance can include first and second heating plates; heating plates 142 and 144 are heated to and maintained at an operating temperature suitable for styling the hair, such as within a range of from 75. degree. C. to 235.degree. C), the method comprising: receiving a user selection of one or more hair parameters via the user interface (para (0009], (0037], (0040]- input from the associated user regarding at least one of the associated hair-type classification and the associated hair-condition classification of the associated hair segment to be styled; hair-type classifications can include any combination of one or more of curl amount (e.g., straight, wavy, curly), hair thickness (e.g., thin, medium, thick), length (e.g., short, medium, long). Non-limiting examples of hair-condition classifications can include healthy, treated and damaged); determining a heat level corresponding to the selected one or more hair parameters (para (0037], [0040]-(0043] - operating temperature may depend upon inputs from an associated user regarding the associated hair-type classification, the associated hair-condition classification and/or other factors associated with the hair segments being styled or otherwise treated; such performance settings can have a relation to or association with factors such as hair-type classifications, haircondition classifications); and controlling the heating element to cause the heating element to heat to the determined heat level (para (0037], [0040]-(0043]- operating temperature may depend upon inputs from an associated user regarding the associated hair-type classification, the associated hair-condition classification and/or other factors associated with the hair segments being styled or otherwise treated; such performance settings can have a relation to or association with factors such as hair-type classifications, hair-condition classifications), determine whether a refresh mode has been activated and determine the heat level corresponding to the selected one or more parameters and whether the refresh mode has been activated (para (0040)-(0044], [0075]-(0075]- settings; glide speed). The heating temperature is selected based on an associated hair-condition. In paragraph [0040] of Nowak, “treated” hair is considered to be a hair condition. Regarding claim 9, the hair care appliance is selected from the group consisting of a straightening iron, a curling iron, a hair roller, a hot-air brush, a hair straightening brush, a curling wand, and a hair dryer (para (0003], (0040], (0058]- appliances for treating (e.g., curling, straightening) hair). Regarding claim 10, the one or more hair parameters comprise at least one of a hair thickness, a hair length, and whether hair is color-treated (para (0040]- hair thickness (e.g., thin, medium, thick), length (e.g., short, medium, long)).
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.
Claim(s) 6, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nowak et al (US 2019/0387856) in view of Humphreys et al (US 2012/0312320).
The teachings of Nowak have been discussed above. Nowak fails to disclose the controller is configured to determine the heat level by querying a lookup table according to the selected one or more hair parameters. However, Humphreys teaches a controller that is configured to determine the heat level by querying a lookup table according to a selected one or more hair parameters (para (0023],
[0042], [0071]-(0073]). It would have been obvious to one of ordinary skill in the art to combine the hair care appliance taught by Nowak with the look up table taught by Humphreys since doing so would simplify the operations performed by the controller and thereby reduce the cost and improve the speed of the processing.
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 BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 10/16/2025