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 .
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 1-6, 14, 15 and 21-24 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.
Regarding claim 1, it is unclear what is meant by “extending solely from the sides of the arm”. It is unclear if this means that the only part of the arm that the guide supports extend from is the sides or if this means that the guide supports don’t extend from any structure at all other than the sides of the arm. For the purpose of examination, since the guide supports of applicant’s disclosure also extend from a middling connecting structure, this is interpreted as the only parts of the arm that the guide supports extend from is the sides of the arm.
Regarding claim 3, it is unclear what is meant by “said lengthwise aperture includes a comb”. An aperture is understood to be negative space. This appears to contradict the comb being a part of the aperture. For the purpose of examination, this is understood to meant that the comb is within the aperture.
Regarding claim 3, the claim recites “a comb”. Claim 1 previously recites “a comb feature” comprising “comb teeth”. It is unclear if the comb set forth in claim 3 is referring to the comb feature or to an additional element. For the purpose of examination, the comb is referring to the comb feature.
Regarding claim 3, it is unclear what is meant by the aperture “comprises 70 percent of the arm’s surface area”. An aperture is understood to be negative space created in object. Surface area of the arm is understood to be present where the aperture is not located. As best understood, the aperture has an area that is 70 percent of an area within an outer periphery of the arm.
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.
Claim(s) 1, 4, 5, 14, 15 and 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (US 20200352303 A1).
Kim discloses:
Regarding claim 1: a hairstyling apparatus comprising:
a barrel 102 (figure 1B) defining a hairstyling surface and a central axis, wherein the barrel has a first end and a second end;
a heating element 103 (paragraph 0042) in thermal communication with the hairstyling surface;
and an arm (figure 3A or 134 in figure 7E) having a comb feature (134 may serve as comb feature or comb part of 134 in figure 7E) and a toggle (defined by Merriam-Webster Dictionary as “a piece or device for holding or securing”; toggle may be interpreted as any one of: spring in 3D or 3E, structure that holds spring; structure at distal end of comb or at distal end of tab 110 that holds comb);
guide supports 142/144 extending solely from the sides of the arm (one extends from left side and one extends from right side in figure 2A; the supports extend from the sides of the arm and don’t extend from other parts of the arm) and contacting the barrel (paragraph 0081: “In some cases, the blade 144 with elasticity may even protrude to contact with the hairstyling surface 132 so that to press more firmly hair against the hairstyling surface 132”; paragraph 0105);
wherein the arm is attached near the barrel first end and wherein the arm is repositionable with respect to the hairstyling surface, creating variable amount of contact between the comb feature and the hairstyling surface of the barrel (see movement in figures 3D and 3E; contact is disclosed in paragraph 0071; also as comb rotates the amount of contact between the comb feature and a surface of the barrel changes – contacts a certain surface and then does not contact that surface as it rotates to contact another surface); and
wherein the comb feature comprises a plurality of comb teeth 136 extending towards the barrel (figures 3D and 3E).
Regarding claim 4, wherein said comb feature is integrally molded into the arm (figure 7E; paragraph 0107).
Regarding claim 5, wherein the arm having the comb feature is replaceable (formed as separate part that is attached to device and therefore able to be replaced; the whole device can also be replaced in which case the comb feature is also interpreted as being replaceable).
Regarding claim 14, wherein said arm comprises a contoured shaped tip on an end opposite of the toggle (“contoured” is defined by Merriam-Webster Dictionary as “to shape the contour of” which does not require any specific shape; arm has a tip at the end of the toggles cited to above which has a shape and therefore serves as being “contoured”).
Regarding claim 15, said contoured shaped tip is adapted to direct hair towards an interior surface of the arm (tip is of a shape and structure that can be used to gather hair and direct it towards an interior of the arm).
Regarding claim 21, wherein the guide supports extend perpendicularly from the sides of the arm (arm may serve as entire structure of, for example figure 7A, where guide supports extend perpendicularly as seen in figure 4 below).
PNG
media_image1.png
453
325
media_image1.png
Greyscale
Regarding claim 22, wherein the guide supports are in constant contact solely with the barrel (paragraph 0081: “In some cases, the blade 144 with elasticity may even protrude to contact with the hairstyling surface 132 so that to press more firmly hair against the hairstyling surface 132”; paragraph 0105 – constant contact as long as not moved to come out of contact).
Regarding claim 23, wherein the arm rotates in a first direction while the heated barrel rotates in a second section which is opposite from the first direction (paragraph 0056 – both arm/sleeve and barrel can switch direction; even if barrel doesn’t rotate, user is able to rotate barrel in first direction while sleeve/arm rotates in opposite direction by motor).
Regarding claim 24, wherein the arm rotates while the heated barrel is stationary (paragraph 0012, 0039 – barrel can be stationary; paragraph 0051).
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim.
Regarding claim 2, Kim discloses the claimed invention substantially as claimed, as set forth above for claim 1. Kim discloses the arm (for example as seen in figure 7A) includes a lengthwise aperture (aperture between that comprises elements 144 in figure 7A – wherein comb element extends in aperture). Kim does not explicitly disclose that the aperture comprises 70 percent of the arm's surface area. However, the current specification does not set forth any specific benefit to having the aperture with the claimed area as opposed to other areas and it appears that the invention disclosed in the prior art would work equally as well with one with a larger or smaller aperture. Therefore, the size of the aperture is deemed a matter of design choice and obvious to one of ordinary skill in the art at the time of filing.
Regarding claim 3, Kim further discloses wherein said lengthwise aperture includes a comb (near 134 in figure 7A – comb is within the aperture between elements 144; any part of element 134 may serve as the comb wherein part may serve as the comb feature with comb teeth and part serving as the comb).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim and in view of Marcel (US 1,875,069).
Regarding Claim 6, Kim discloses the claimed invention substantially as claimed, as set forth above for claim 1. Kim is silent regarding a movement limiter (see 112f interpretation) which changes freedom of movement for position of the arm.
Marcel teaches a curling iron (Fig. 1) which pivots [pg. 2 lines 70-76](Fig. 1) with a movement limiter (18, Figs. 4 and 5) which changes freedom of movement for position of the arm (As described in [pg. 2 lines 94-119, pg. 3 lines 26-40 and 49-90 and 68-76], the screw 18 alters how much the arm and barrel can move away from one another). Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing, to include a screw as taught by Marcel to the device of Kim for the purpose of further controlling the movement of the curling iron to create the desired hair appearance. One of ordinary skill in the art would be motivated to make this modification for the purpose of adjusting the curling iron to a user's particular taste or method of use [Marcel col. 1 lines 43- col. 2 line 56].
Response to Arguments
Applicant’s arguments 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ROSEN whose telephone number is (571)270-7855. The examiner can normally be reached Monday-Friday 930am-6pm.
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 Marivelisse Santiago-Cordero can be reached at (571) 272-7839. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
Prosecution Insights