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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/10/2026 has been entered.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The claim limitation “locking mechanism”, as recited in claims 12 and 20 has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “mechanism” coupled with functional language “to secure the first and second arms in the closed position” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
The claim limitation “receiving mechanism”, as recited in claims 12 and 20 has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “mechanism” coupled with functional language “to secure the first and second arms in the closed position” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 12 and 20 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of applicant’s specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
The locking mechanism is initially described in Paragraphs [0014, 0024, 0046] and depicted in Figures 5 and 8 with a detailed description provided in paragraph [0092] to describe a latch (102) and a latch receiver (106).
The receiving mechanism is initially described in Paragraphs [0014, 0024, 0046] and depicted in Figures 5 and 8 with a detailed description provided in paragraph [0092] to describe a latch receiver.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 13 is objected to because of the following informalities: in the last clause, “wherein the first and second heating plate covers are configured to move from a first position to a second position” should be amended as follows: “wherein the first and second heating plate covers are configured to move from [[a]] the first position to [[a]] the second position”. Appropriate correction is required.
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.
Claims 1-3, and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (KR20110007333A) in view of Noh (KR200398545Y1) and Zhou (CN106073106A).
Regarding claim 1, Yoo discloses a hair styling apparatus (Figures 4-10) comprising:
first (upper arm, 12, refer at least to Figure 4) and second (lower arm 12, refer at least to Figure 4) arms each having first (end proximate 6, refer to Figure 4) and second (end proximate 10, refer at least to Figure 4) ends, the first and second arms being pivotably coupled (4, Figure 4) to each other at least at the first ends of the arms for selective, pivotal movement relative to each other to selectively configure the hair styling apparatus between an opened position (position shown in Figure 4) and a closed position (position shown in Figure 8);
a pair of first heating plates (18, refer to figure 4 wherein the second arm is shown to have a first heating plate thereon and figures 8-9 wherein the first arm is shown to have a first heating plate thereon), each of the first heating plates having a hair contact surface (referring to Figure 4, the hair contacting surface is that exterior flat surface depicted in the figure), wherein each of the first heating plates is connected to an inner portion (referring to Figure 9, the inner portion of the first/top arm is the bottom surface thereof and the inner portion of the second/bottom arm is the top surface thereof; the inner surfaces of the first arm and the second arm face one another, as shown in Figure 9) of a respective one of the first and second arms;
a second heating plate (30), having a hair contact surface (exterior surface, best shown in Figure 10 wherein a user’s hair is shown to be in contact with the exterior surface of 30), wherein the second heating plate is connected to an outer portion of the first arm (best shown in Figures 4 and 8).
Yoo does not explicitly disclose a pair of second heating plates; however, Yoo appears to provide two second heating plates in the figures since the arms are depicted as being substantially identical (see at least Figures 4, 6, 9-10), where providing a second heating plate, identically arranged to that of the first heating plate provides the advantage of more effectively heating a user’s hair. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yoo’s hair styling apparatus to duplicate the second heating plate such that the second arm also comprises a second heating plate, in order to provide a pair of second heating plates with each heating plate having a hair contacting surface and being connected to an outer portion of the second arm, since such a modification would have involved duplication of parts and it has been held that duplication of essential working parts of an invention involves only routine skill in the art; additionally, such a modification provides the advantage of ensuring that a user’s hair is heated and curled more efficiently when using the apparatus in a method as depicted in Yoo figure 10, where the user’s hair is wrapped about an exterior of the first and second arms.
Yoo does not disclose a pair of heating plate covers, each of the heating plate covers being connected to a respective one of the first and second arms;
each of the heating plate covers being slidably movable between a first position and a second position, wherein the first position completely covers a corresponding second heating plate and the second position exposes the corresponding second heating plate for use. Since Yoo does not disclose a pair of heating plate covers, Yoo also does not disclose wherein a distance between the first and second ends of the first and second arms is constant when the heating plate covers are in the first position and when the heating plate covers are in the second position.
Noh discloses a similar hair styling apparatus (Figures 2-7) comprising a first arm (10) and a second arm (20), each arm extending between a first end (end proximate hinge 30, refer to Figure 2) and a second end (end distal to hinge 30, refer to Figure 2); each arm having a first heating surface (referring to Figure 4, the portion of 40 that is in contact with 50 defines the first heating surface of the first arm; and 55 defines the first heating surface of the second arm) and a second heating surface (referring to Figure 4, the top half of 40 defines the second heating surface of the first arm and the convex portion of 50 defines the second heating surface of the second arm), wherein each of the arms comprises a heating plate cover (6, 7) that is slidably movable (“slidably inserted…and removed as necessary”, refer to Page 3, second to last paragraph) between a first position (the first position is the position shown in Figures 4-7, wherein the heating plate covers are disposed over the second heating surfaces) and a second position (the second position is defined when the heating plate covers are removed from the first and second arms), wherein the first position covers a corresponding second heating plate and the second position exposes the corresponding second heating plate for use and wherein a distance between the first and second ends of the first and second arms is constant when the heating plate covers are in the first position and when the heating plate covers are in the second position (a distance between the first and second ends of the first arm defines a length of the first arm; a distance between the first and second ends of the second arm defines a length of the second arm; these distances are constant/unchanging as there is no telescoping or retracting feature of the arms. Thus, regardless of a position of the heating plate covers, the lengths/distances between a first and second end of the first and second arms is constant). Noh provides the pair of heating plate covers in order to permit a user to press the first and second arms together by hand, at the position of the second heating plates, during use while the iron is being moved along the user’s hair (refer to Page 3, last paragraph). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yoo’s device to include a pair of heating plate covers, each of the heating plate covers being connected to a respective one of the first and second arms; each of the heating plate covers being slidably movable between a first position and a second position, wherein the first position covers a corresponding second heating plate and the second position exposes the corresponding second heating plate for use, as taught by Noh, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a means for permitting a user to press the first and second arms together by hand, at the position of the second heating plates, during use while the iron is being moved along the user’s hair.
Modifying Yoo to have the pair of heating plate covers, as claimed, as taught by Noh, provides a configuration wherein a distance between the first and second ends of the first and second arms is constant when the heating plate covers are in the first position and when the heating plate covers are in the second position since a distance between the first and second ends of Yoo’s first arm defines a length of the first arm and a distance between the first and second ends of Yoo’s second arm defines a length of the second arm and the lengths of the first and second arm of modified Yoo does not change/is constant since there is no telescoping/retracting feature of the arms.
The combination of Yoo and Noh does not explicitly disclose wherein the first position completely covers a corresponding second heating plate.
Zhou discloses a similar hair styling apparatus (Figures 1-8) comprising first (upper arm with respect to Figures 1-2) and second (lower arm with respect to Figures 1-2) arms, each arm comprising heating plate (3, 5) for curling a user’s hair, wherein the arms each comprise a cover (4) to prevent scalding (see at least the Abstract), disposed on an exterior surface of each arm (see at least Figures 1-2) and extending past the position of the heating plates (refer to Figure 2) during use, thereby fully covering the second heating plates when installed, where such a configuration provides the advantage of improving the safety of the device by providing the entire outer surface of the apparatus to be insulated, thereby reducing the likelihood that a user’s fingers encounter a heated surface. Zhou’s covers are detachable (“detachably connected with scalding-proof sleeve”, refer at least to the Abstract), thereby providing the heating plates to be movable between a first position and a second position, wherein the first position is that position shown in Figure 1 and the second position is not shown but is the position where the covers are detached. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo and Noh such that in the first position, the heating plate covers completely cover the second heating plates, as taught by Zhou, since such a modification provides the advantage of improving the safety of the device by providing the entire outer surface of the apparatus to be insulated thereby reducing the likelihood that a user’s fingers encounters a hot surface of the apparatus during use.
Regarding claim 2, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. Yoo further discloses the device comprising at least one switch (“when the control device 20 recognizes the straight permanent mode switching signal, so that the heat to power the inner heating plate (18).”, refer to the last paragraph of page 6 of the translation), wherein the at least one switch activates/deactivates either the first pair of heating plates or the second pair of heating plates (“the straight permanent mode switching signal, so that the heat to power the inner heating plate (18)”, i.e., the switch activates the first pair of heating plates; refer to last paragraph of Page 6 of the translation) when at least one of the heating plate covers is in the first position, the second position, or moves between the first position and the second position (the heating plate is an auxiliary device/attachment and does not affect the heating of the heating plates; i.e. the switch may be activated regardless of the position of the cover and therefore activates/deactivates either of the heating plates when at least one of the heating plates in is the first position or the second position).
Regarding claim 3, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. Per the modification addressed in claim 1, the pair of heating plate covers were provided to slide about the first and second arms, respectively, as taught by Noh, wherein each of Noh’s first and second arms define a slot (42, 52), wherein the slot is configured to receive at least a portion of the corresponding heating plate cover (best shown in Noh Figures 4-7) such that the heating plate cover is slidable between the first position and the second position.
Regarding claim 8, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. The combination does not thus far disclose wherein the heating plate covers define flared ends that are flared outwardly from the first and second arms. Rather, the heating plate covers are depicted as having flat ends (best shown in Noh Figure 2).
Zhou discloses heating plate covers comprising flared ends (Merriam-Webster defines flare as “to open outward”; referring to Zhou’s Figure 4, a left and right side of the covers are each depicted as opening outward/flared, as shown in the Cropped and Annotated Zhou Figure 4, below), thereby providing means for preventing a user’s hand from sliding in a leftward direction, off of the heating plate covers during use. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the hair styling apparatus of the combination of Yoo, Noh, and Zhou such that the heating plate covers define flared ends, as taught by Zhou, since such a modification would have involved a mere change in shape of a component of an invention and it has been held that a change in shape is within the level of ordinary skill in the art; additionally, such a modification provides the advantage of preventing a user’s hand from slipping off of the heating plate cover.
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Regarding claim 9, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. Yoo further discloses wherein the second ends comprise a first and second tip, respectively (refer to Yoo Figure 6, wherein the left-most end of each arm defines a respective tip).
The combination does not thus far disclose wherein the first and second tip flare outwardly from the first and second arms. Rather, the combination discloses wherein the first and second tips are flared inwardly (refer to Yoo Figure 6).
Zhou discloses first and second tips (referring to Zhou Figure 3, the rightmost portion of the first and second arms define the first and second tips) of the first and second arms flare outwardly from the arms (refer to Zhou Figure 3, wherein a distance between the first and second tips increases in a direction toward a right terminal end thereof, thereby providing a flared outwardly configuration), so as to provide a means for guiding a user’s hair toward an interior of the first and second arms for treatment therein. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the hair styling apparatus of the combination of Yoo, Noh, and Zhou such that the first and second tip flare outwardly from the first and second arms, as taught by Zhou, since such a modification would have involved a mere change in shape of a component of an invention and it has been held that a change in shape is within the level of one of ordinary skill; additionally, such a modification provides the advantage of guiding a user’s hair toward an interior of the device for treatment therein.
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable
over the combination of Yoo, Noh, and Zhou and further in view of Kim ‘146 (KR200362146Y1).
Regarding claim 4, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 3, as applied above. The combination does not disclose the apparatus further comprising a switch positioned in the slot of the first arm such that the heating plate cover connected to the first arm engages with the switch when sliding between the first position and the second position.
Kim ‘146 discloses a similar hair styling apparatus (Figures 1-6) comprising a first arm (24), and a second arm (25), pivotably connected (“hinged”, refer to Page 3 of the translation) thereto, wherein each of the arms further comprises a heating plate (16, 17). Kim ‘146 further discloses wherein the first arm comprises a slot (refer to Cropped and Annotated Kim ‘146 Figure 5b, below), a switch (12) disposed within the slot (refer to Cropped and Annotated Kim ‘146 Figure 5b, below), and a slidably engaged cover (21, best shown in Figure 1). Kim teaches that the cover slides along the first arm between a first position (position shown in Figure 1) and a second position (position shown in Figure 4) and in doing so, activates/deactivates the switch (“the inner surface 20 of the sliding…means 21, which has been retracted backward, presses the microswitch 12 as shown in FIG. 5B so that the microswitch 12 is switched to an ‘on’ state”, refer to Page 4 of the translation; additionally “as shown in FIG. 3, when the sliding…means 21 is advanced…the micro switch 12 is switched to the “off” state”, refer to Page 4 of the translation). This switch controls power to the heaters (“the micro switch (According to the position of 12, power charged in the battery 22 is selectively supplied to the heaters 16 and 17”, refer to Page 3 of the translation) and the sliding cover which activates/deactivates the switch provides a means for “reducing unnecessary power consumption and preventing safety accidents” (refer to the Abstract). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo, Noh, and Zhou to comprise a switch positioned in the slot of the first arm, as taught by Kim ‘146, such that the heating plate cover connected to the first arm engages with the switch when sliding between the first position and the second position, since such a modification provides the advantage of reducing unnecessary power consumption.
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Regarding claim 6, Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. The combination does not disclose the apparatus further comprising an arm switch on an outer surface of either the first arm or the second arm, wherein a corresponding one of the pair of heat plate covers engages with the arm switch when sliding between the first position and the second position.
Kim ‘146 discloses a similar hair styling apparatus (Figures 1-6) comprising a first arm (24), and a second arm (25), pivotably connected (“hinged”, refer to Page 3 of the translation) thereto, wherein each of the arms further comprises a heating plate (16, 17). Kim ‘146 further discloses wherein the first arm comprises an arm switch (12) disposed on an outer surface (refer to Kim ‘146, Figure 5b) of the first arm (refer to Figure 1), and a slidably engaged cover (21, best shown in Figure 1). Kim ‘146 teaches that the cover slides along the first arm between a first position (position shown in Figure 1) and a second position (position shown in Figure 4) and in doing so, engages with the arm switch (“the inner surface 20 of the sliding…means 21, which has been retracted backward, presses the microswitch 12 as shown in FIG. 5B so that the microswitch 12 is switched to an ‘on’ state”, refer to Page 4 of the translation; additionally “as shown in FIG. 3, when the sliding…means 21 is advanced…the micro switch 12 is switched to the “off” state”, refer to Page 4 of the translation). This switch controls power to the heaters (“the micro switch (According to the position of 12, power charged in the battery 22 is selectively supplied to the heaters 16 and 17”, refer to Page 3 of the translation) and the sliding cover which engages the switch provides a means for “reducing unnecessary power consumption and preventing safety accidents” (refer to the Abstract). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo, Noh, and Zhou to comprise an arm switch on an outer surface of the first arm, as taught by Kim ‘146, wherein the corresponding heat plate cover engages with the arm switch when sliding between the first position and the second position, since such a modification provides the advantage of reducing unnecessary power consumption.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yoo, Noh, and Zhou as applied to claim 1 above, and further in view of Lu (CN211323410U) and Kim ‘146 (KR200362146Y1).
Regarding claim 5, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. Per the modification addressed in claim 1, the pair of slidable heating plate covers of Noh, were incorporated into Yoo’s hair styling apparatus, with Noh’s sliding heating plate covers being slidable about the first and second arms via a single slot (42, 52). Thus, the combination does not disclose each of the first and second arms defining first and second slots, the first and second slots are oppositely positioned from each other, or the first and second slots being configured to each receive at least a portion of a corresponding one of the pair of heating plate covers such that the heating plate cover is slidable between the first position and the second position,
wherein a slot switch is positioned in the first slot of the first arm, wherein the corresponding heat plate cover engages with the slot switch to activate/deactivate the pair of second heating plates when sliding between the first position and the second position.
Lu discloses a similar hair styling apparatus (Figures 1-6) comprising: first (bottom arm, refer to Figure 1) and second (top arm, refer to Figure 1) arms; a pair of first heating plates (530); a pair of second heating plates (510), each of the second heating plates are connected to an outer portion (referring to Figure 2, the outer portion is the convex exterior surface of each arm) of a respective one of the first and second arms (refer to figure 2, wherein the first and second heating plates are disposed within a through hole disposed in the first and second arms such that the second heating plates are connected to an outer portion); and a pair of heating plate covers (600), each of the heating plate covers connected to a respective one of the second heating plates (best shown in Figure 1); each of the heating plate covers is slidably movable (“the comb sleeve 600 is a sliding elastic structure”, refer to Page 6 of the translation; “Because the comb sleeve 600 is a sliding elastic structure, so the comb sleeve 600 can be glidingly sleeved on the lower handle 100 and the upper handle”, refer to Page 7 of the translation) via a pair of slots (not labeled, refer to cropped and annotated Lu Figure 1, below), between a first position and a second position, wherein the first position covers a corresponding second heating plate (“comb sleeve 600…can be used for isolating heating component 500, avoiding user scald”, refer to Page 7 of the translation; additionally refer to Figure 1, which shows the covers being in position to cover the second heating plates) and the second position exposes the corresponding second heating plate (the second position is when the cover is removed/slid away from lug boss, 700) for use. Lu’s apparatus is configured such that the heating plate covers are connected to a respective arms, where each arm comprises a first and second slot, the first and second slots being oppositely positioned from each other, the first and second slots are configured to each receive at least a portion of a corresponding one of the pair of heating plate covers such that the heating plate cover is slidable between the first position and the second position (refer to the cropped and annotated Lu Figure 1, below), in order to provide a detachable connection means for each of the heating plate covers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo, Noh, and Zhou such that each of the first and second arms define a first slot and a second slot, the first and second slots are oppositely positioned from each other, the first and second slots are configured to each receive at least a portion of a corresponding one of the pair of heating plate covers such that the heating plate cover is slidable between the first position and the second position, as taught by Lu, since such a modification would have involved simple substation of one known configuration (a pair of slots on opposing sides of each arm for receiving a heating plate cover, as taught by Lu) for another known configuration (a single slot on each arm for receiving a heating plate cover, as taught by Noh) to achieve the predictable result of slidably attaching and detaching a pair of heating plate covers.
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The combination of Yoo, Noh, Zhou, and Lu does not disclose wherein a slot switch is positioned in the first slot of the first arm, wherein the corresponding heat plate cover engages with the slot switch to activate/deactivate the pair of second heating plates when sliding between the first position and the second position.
Kim ‘146 discloses a similar hair styling apparatus (Figures 1-6) comprising a first arm (24), and a second arm (25), pivotably connected (“hinged”, refer to Page 3 of the translation) thereto, wherein each of the arms further comprises a heating plate (16, 17). Kim ‘146 further discloses wherein the first arm comprises a slot (refer to annotated Kim ‘146 Figure 5b, below), a switch (12) disposed within the slot (refer to cropped and annotated Kim ‘146 Figure 5b, below), and a slidably engaged cover (21, best shown in Kim Figure 1). Kim teaches that the cover slides along the first arm between a first position (position shown in Figure 1) and a second position (position shown in Figure 4) and in doing so, activates/deactivates the switch (“the inner surface 20 of the sliding…means 21, which has been retracted backward, presses the microswitch 12 as shown in FIG. 5B so that the microswitch 12 is switched to an ‘on’ state”, refer to Page 4 of the translation; additionally “as shown in FIG. 3, when the sliding…means 21 is advanced…the micro switch 12 is switched to the “off” state”, refer to Page 4 of the translation). This switch controls power to the heaters (“the micro switch (According to the position of 12, power charged in the battery 22 is selectively supplied to the heaters 16 and 17”, refer to Page 3 of the translation) and the sliding cover which activates/deactivates the switch provides a means for “reducing unnecessary power consumption and preventing safety accidents” (refer to the Abstract), i.e. when the sliding cover is moved to a position when the heating plates are not being used, the power to those heating plates is disconnected in order to reduce power consumption. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo, Noh, Zhou, and Lu to comprise a switch positioned in the first slot of the first arm, as taught by Kim ‘146, such that the heating plate cover connected to the first arm engages with the switch when sliding between the first position and the second position, this switch being configured to activate/deactivate the heating plates to which the cover is connected, since such a modification provides the advantage of reducing unnecessary power consumption.
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Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yoo, Noh, and Zhou as applied to claim 1 above, and further in view of Altmann et al. (WO2014/001128A1) and Kim ‘146 (KR200362146Y1).
Regarding claim 7, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. The combination does not disclose wherein activation of the first pair of heating plates and the second pair of heating plates is selectable based on at least the configuration of the first and second arms, wherein opening and closing the first and second arms activates and deactivates the pair of first heating plates, wherein closing the first and second arms and sliding the heating plate covers toward the second position activates the second pair of heating plates and sliding the heating plate covers toward the first position deactivates the second pair of heating plates.
Altmann discloses a similar hair styling device (1, Figure 1) comprising a first (2 + 3 at bottom of the apparatus) and a second (2 + 3 at a top of the device) arm, wherein each arm comprises a pair of first heating plates (7). The apparatus further comprises a switch (5) for detecting whether the arms are in contact/closed or not in contact/open, such that opening and closing the first and second arms activates and deactivates the pair of first heating plates. When the pressure switch is actuated/arms closed, the heating plates are powered (refer to Page 2 of the translation), when the arms are separated, the pressure switch is not actuated (refer to Page 2 of the translation), thereby providing a safer and more efficient device, since in the event a user leaves the device open, it will automatically shut off, preventing burns and/or fires. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo, Noh, and Zhou such that activation of the first pair of heating plates is selectable based on at least the configuration of the first and second arms and wherein opening and closing the first and second arms activates and deactivates the first pair of heating plates, as taught by Altmann, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of controlling the heating plates based on a position of the arms in order to improving the safety of the hair styling apparatus.
The combination of Yoo, Noh, Zhou, and Altmann does not disclose wherein closing the first and second arms and sliding the heating plate covers toward the second position activates the pair of second heating plates and sliding the cover towards the first position deactivates the second pair of heating plates.
Kim ‘146 discloses a similar hair styling apparatus (Figures 1-6) comprising a first arm (24), and a second arm (25), pivotably connected (“hinged”, refer to Page 3 of the translation) thereto, wherein each of the arms further comprises a heating plate (16, 17). Kim ‘146 further discloses wherein the first arm comprises a switch (12), and a slidably engaged cover (21, best shown in Figure 1). Kim ‘146 teaches that the cover slides along the first arm between a first position (position shown in Figure 1) and a second position (position shown in Figure 4) and in doing so, activates/deactivates the switch (“the inner surface 20 of the sliding…means 21, which has been retracted backward, presses the microswitch 12 as shown in FIG. 5B so that the microswitch 12 is switched to an ‘on’ state”, refer to Page 4 of the translation; additionally “as shown in FIG. 3, when the sliding…means 21 is advanced…the micro switch 12 is switched to the “off” state”, refer to Page 4 of the translation). This switch controls power to the heaters (“the micro switch (According to the position of 12, power charged in the battery 22 is selectively supplied to the heaters 16 and 17”, refer to Page 3 of the translation) and the sliding cover which activates/deactivates the switch provides a means for “reducing unnecessary power consumption and preventing safety accidents” (refer to the Abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo, Noh, Zhou, and Altmann such that sliding the heating plate covers toward the second position activates the pair of second heating plates and sliding the heating plate cover toward the first position deactivates the pair of second heating plates, as taught by Kim ‘146, since such a modification provides the advantage of further reducing unnecessary power consumption.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over the
combination of Yoo, Noh, and Zhou, as applied to claim 1, above, and further in view of Kim ‘416 (KR20200107416A).
Regarding claim 10, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. The combination does not explicitly disclose wherein each of the first and second arms include a first heating element connected to a respective one of the pair of first heating plates and a second heating element connected to a respective one of the pair of second heating plates and configured to heat the first and second heating plates.
Kim ‘416 discloses a similar hair styling apparatus (100, Figures 1-5) having a first arm (301) and a second arm (302) pivotably attached (304) to the first arm, wherein each arm has a substantially semicircular shaped cross-section (refer to Kim ‘416 Figure 3), that includes a convex surface (421 + 401) defining a first heating plate and a planar surface (433 + 402) defining another heating plate, wherein the convex surface/first heating plate is heated with a heating element (401) and the planar surface/second heating plate is heated with a heating element (402) such that heat is delivered to the user’s hair at both surfaces in an efficient manner. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of the combination of Yoo, Noh, and Zhou such that each of the first and second arms include a heating element connected to the first and second heating plates and configured to heat the first and second heating plates, as taught by Kim ‘416, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of delivering heat to a user’s hair in an efficient manner.
Regarding claim 11, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above. While the combination discloses that the first and second heating plates are heated, the combination does not explicitly disclose that the heating plates include a heating element and therefore does not disclose wherein each of the first and second arms include a first heating element connected to a respective one of the pair of first heating plates and a second heating element connected to a respective one of the pair of second heating plates.
Kim ‘416 discloses a similar hair styling apparatus (100, Figures 1-5) having a first arm (301) and a second arm (302) pivotably attached (304) to the first arm, wherein each arm has a substantially semicircular shaped cross-section (refer to Kim ‘416 Figure 3), that includes a convex surface (421 + 401) defining a first heating plate and a planar surface (433 + 402) defining another heating plate, wherein the convex surface/first heating plate is connected to a heating element (401) and the planar surface/second heating plate is connected to a heating element (402) such that heat is delivered to the user’s hair at both surfaces in an efficient manner. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of the combination of Yoo, Noh, and Zhou such that each of the first and second arms include a first heating element connected to the first heating plates and a second heating element connected to the second heating plates, as taught by Kim ‘416, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of delivering heat to a user’s hair in an efficient manner.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over the
combination of Yoo, Noh, and Zhou, as applied to claim 1, and further in view of Lun (WO2018032529A1).
Regarding claim 12, the combination of Yoo, Noh, and Zhou discloses the hair styling apparatus of claim 1, as applied above but does not disclose the apparatus further comprising a locking mechanism connected to the first arm and a receiving mechanism connected to the second arm, wherein the locking mechanism removably engages with the receiving mechanism to secure the first and second arms in the closed position.
Lun discloses a similar hair styling apparatus (Figures 1-3) comprising a first arm (upper arm, refer to Figure 1) and a second arm (lower arm, refer to Figure 1), wherein each arm comprises first (11) and second (15) heating plates, disposed opposite to the first heating plates (refer to Figure 2) such that the device may be used as both a flat iron when contacting a user’s hair with the first heating plates, and as a curling iron when contacting the user’s hair with the second heating plates. Lun’s device further comprising a locking mechanism (21) connected to the first arm (refer to Figure 1) and a receiving mechanism (not labeled, but is the hole described on Page 25 of the translation and depicted in Figure 1, refer to Lun Cropped and Annotated Figure 1, below) connected to the second arm (refer to Figure 1), wherein the locking mechanism removably engages with the receiving mechanism in order to secure the first and second arms in the closed position, thereby providing a more convenient use of the curling iron function of the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of the combination of Yoo, Noh, and Zhou to further comprise a locking mechanism connected to the first arm and a receiving mechanism connected to the second arm, wherein the locking mechanism removably engages with the receiving mechanism to secure the first and second arms in the closed position, as taught by Lun, since such a modification provides the advantage of increasing the convenience of the device when it is used in the curling iron function.
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Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yoo (KR20110007333A), Noh (KR200398545Y1), Kim ‘511 (KR20150088511A), and Kim ‘146 (KR200362146Y1).
Regarding claim 16, Yoo discloses a hair styling apparatus (Figures 4-10) comprising:
first and second arms (12, at top and bottom, refer at least to Figure 4) each having first (end proximate 6, refer to Figure 4) and second (end proximate 10, refer at least to Figure 4) ends, the first and second arms being pivotably coupled (4, Figure 4) to each other at least at the first ends thereof for selective, pivotal movement relative to each other to selectively configure the hair styling apparatus between an opened position (position shown in Figure 4) and a closed position (position shown in Figure 8);
a pair of first heating plates (18, refer to figure 4 wherein the second arm is shown to have a first heating plate thereon and figures 8-9 wherein the first arm is shown to have a first heating plate thereon), each of the first heating plates having a hair contact surface (referring to Figure 4, the hair contacting surface is that exterior flat surface depicted in the figure), wherein each of the first heating plates is connected to an inner portion (referring to Figure 9, the inner portion of the first/top arm is the bottom surface thereof and the inner portion of the second/bottom arm is the top surface thereof; the inner surfaces of the first arm and the second arm face one another, as shown in Figure 9) of a respective one of the first and second arms;
a second heating plate (30), having a hair contact surface (exterior surface, best shown in Figure 10 wherein a user’s hair is shown to be in contact with the exterior surface of 30), wherein the second heating plate is connected to an outer portion of the first arm (best shown in Figures 4 and 8).
While Yoo does not explicitly disclose a pair of second heating plates, Yoo appears to provide two second heating plates in the figures since the arms are depicted as being substantially identical (see at least Figures 4, 6, 9-10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yoo such that the second arm also comprises a second heating plate, in order to provide a pair of second heating plates with each heating plate having a hair contacting surface and being connected to an outer portion of a respective one of the first and second arms, since such a modification would have involved duplication of parts and it has been held that duplication of essential working parts of an invention involves only routine skill in the art; additionally, such a modification provides the advantage of ensuring a user’s hair is heated and curled more efficiently when using the apparatus in a method as depicted in figure 10, where the user’s hair is wrapped about an exterior of the first and second arms.
Yoo does not disclose the first and second arms each defining a first slot and a second slot, the first and second slots are oppositely positioned from each other;
a pair of heating plate covers, each of the heating plate covers being connected to a respective one of the first and second arms;
each of the heating plate covers being movable between a first position and a second position, wherein the first position completely covers a corresponding second heating plate and the second position exposes the corresponding second heating plate for use,
wherein the first and second slots are configured to each receive at least a portion of a corresponding heating plate cover such that the heating plate cover is slidable between the first position and the second position, and
wherein a slot switch is positioned relative to the first slot, wherein the corresponding heating plate cover engages with the slot switch when sliding between the first and second position, wherein the slot switch activates/deactivates the pair of second heating plates.
Noh discloses a similar hair styling apparatus (Figures 2-7) comprising a first arm (20) and a second arm (10), each arm extending between a first end (end proximate hinge 30, refer to Figure 2) and a second end (end distal to hinge 30, refer to Figure 2); each arm having a first heating surface (referring to Figure 4, the portion of 40 that is in contact with 50 defines the first heating surface of the second arm; and 55 defines the first heating surface of the first arm) and a second heating surface (referring to Figure 4, the top half of 40 defines the second heating surface of the second arm and the convex portion of 50 defines the second heating surface of the first arm), wherein each of the arms comprises a heating plate cover (6, 7) that is slidably movable (“slidably inserted…and removed as necessary”, refer to Page 3, second to last paragraph) via a single slot (42, 52) disposed on a respective arm (best shown in Noh Figures 2 and 4-7) between a first position (the first position is the position shown in the Figures, wherein the heating plate covers are disposed over the second heating surfaces) and a second position (the second position is defined when the heating plate covers are removed from the first and second arms), wherein the first position covers a corresponding second heating plate and the second position exposes the corresponding second heating plate for use. Noh provides the pair of heating plate covers in order to permit a user to press the first and second arms together by hand, at the position of the second heating plates, during use while the iron is being moved along the user’s hair (refer to Page 3, last paragraph). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yoo’s device to include a pair of heating plate covers, each of the heating plate covers being connected to a respective one of the first and second arms; each of the heating plate covers being slidably movable between a first position and a second position, wherein the first position covers a corresponding second heating plate and the second position exposes the corresponding second heating plate for use, as taught by Noh, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a means for permitting a user to press the first and second arms together by hand, at the position of the second heating plates, during use while the iron is being moved along the user’s hair.
The combination of Yoo and Noh does not disclose the first and second arms each define a first slot and a second slot, the first and second slots are oppositely positioned from each other; or that in the first position, the heating plate covers completely cover a corresponding second heating plate; wherein the first and second slots are configured to each receive at least a portion of the corresponding heating plate cover such that the heating plate cover is slidable between the first position and the second position, and wherein a slot switch is positioned relative to the first slot, wherein the corresponding heating plate cover engages with the slot switch when sliding between the first position and the second position, wherein the slot switch activates/deactivates the pair of second heating plates. Rather, the heating plates are attached via a single slot on each arm (42, 52, see Noh Figure 2).
Kim ‘511 discloses a similar hair styling apparatus (“hair iron”, refer to Page 2 of the translation), comprising a first arm (10) and a second arm (20) with each arm comprising first (referring to Figure 4, the first end is the left end) and second ends (referring to Figure 4, the second end is the right end), with a heating plate (91) disposed at each of the first ends and a first and a second grip (referring to Figure 4, the grip is the right half of each of the arms) disposed at the second ends, respectively. The first and second arms are pivotably coupled (30) to each other, at the second end. Each arm further comprises a heating plate cover (50); each cover is slidably coupled to its respective arm between a first position when the heating plate is completely covered (position shown in Kim ‘511 Figure 1) and a second position when the heating plate is uncovered (position shown in Kim ‘511 Figure 3), where each arm comprises a first slot and a second slot, the first and second slots are oppositely positioned from each other (refer to Kim ‘511 Figure 4, wherein each of the arms comprises two L-shaped slots on a rail for which to slide the heating plate covers); and movement of the heating plate covers is affected by sliding the heating plate covers in a respective first and second slot (refer to Kim ‘511 Figures 1 and 3). Where providing the heating plate cover to completely cover the heating plate provides a safer configuration that better prevents a user’s hand from contacting a hot surface. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo and Noh such that in the first position, the heating plate covers completely cover the second heating plates, as taught by Kim ‘511 since such a modification provides the advantage of improving the safety of the device by better protecting a user from touching any hot parts during use.
It would have additionally been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo and Noh such that the first and second slots are oppositely positioned from each other; wherein the first and second slots are configured to each receive at least a portion of the corresponding heating plate cover such that the heating plate cover is slidable between the first position and the second position, as taught by Kim ‘511, since such a modification would have involved simple substitution of one known mounting means (a pair of slots, as taught by Kim ‘511) for another known mounting means (a pair of slots, as taught by Kim ‘511) in order to achieve the predictable result of providing a means for sliding a heating plate cover with respect to a heating plate.
The combination of Yoo, Noh, and Kim ‘511 does not disclose wherein a slot switch is positioned relative to the first slot, wherein the corresponding heating plate cover engages with the slot switch when sliding between the first position and the second position, wherein the slot switch activates/deactivates the pair of second heating plates.
Kim ‘146 discloses a similar hair styling apparatus (Figures 1-6) comprising a first arm (24), and a second arm (25), pivotably connected (“hinged”, refer to Page 3 of the translation) thereto, wherein each of the arms further comprises a heating plate (16, 17). Kim ‘146 further discloses wherein the first arm comprises a slot (refer to Cropped and Annotated Kim ‘146 Figure 5b, below), a switch (12) disposed within the slot (refer to cropped and annotated Kim ‘146 Figure 5b, below), and a slidably engaged cover (21, best shown in Figure 1), this cover being analogous to the heating plate covers of the combination of Yoo, Noh, and Kim ‘511. Kim ‘146 teaches that the cover slides along the first arm between a first position (position shown in Figure 1) and a second position (position shown in Figure 4) and in doing so, activates/deactivates the switch (“the inner surface 20 of the sliding…means 21, which has been retracted backward, presses the microswitch 12 as shown in FIG. 5B so that the microswitch 12 is switched to an ‘on’ state”, refer to Page 4 of the translation; additionally “as shown in FIG. 3, when the sliding…means 21 is advanced…the micro switch 12 is switched to the “off” state”, refer to Page 4 of the translation). This switch controls power to the heaters (“the micro switch (According to the position of 12, power charged in the battery 22 is selectively supplied to the heaters 16 and 17”, refer to Page 3 of the translation) and the sliding cover which activates/deactivates the switch provides a means for “reducing unnecessary power consumption and preventing safety accidents” (refer to the Abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo, Noh, and Kim ‘511 to comprise a switch positioned in the first slot of the first arm, as taught by Kim ‘146, such that the heating plate cover connected to the first arm engages with the switch when sliding between the first position and the second position, this switch being configured to activate/deactivate the heating plates, since such a modification provides the advantage of reducing unnecessary power consumption.
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Since Kim ‘146 does not disclose a pair of second heating plates, the combination does not explicitly disclose that slot switch activates/deactivates the pair of second heating plates; however, activating/deactivating only the second heating plates would be obvious to try, as one of a finite number of solutions, those solutions being activating/deactivating all four of the heating plates, or three of the heating plates, or two of the heating plates, or only one of the heating plates upon actuation of the slot switch. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus such that the corresponding heating plate cover engages with the slot switch when sliding between the first position and the second, wherein the slot switch activates/deactivates the pair of second heating plates, since such a modification would have been obvious to try, as one of a finite number of solutions, those finite solutions being activating/deactivating all four of the heating plates, or three of the heating plates, or two of the heating plates, or only one of the heating plates upon actuation of the slot switch, with a reasonable expectation of success of controlling power to a desired heating plate.
Regarding claim 19, the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 discloses the hair styling apparatus of claim 16, as applied above. Yoo further discloses the apparatus comprising a user interface (40 + 24s + 42, see Figure 6), wherein the user interface comprises at least one of a display, a temperature control, an ON/OFF switch (“power button”, refer to Page 6 of the translation), a heating plate indicator configured to indicate which of the first and second heating plates is activated, and combinations thereof.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 as applied to claim 16 above, and further in view of Choi (US2007/0209673).
Regarding claim 17, the combination of Yoo, Zhou, Kim ‘511, and Kim ‘146 discloses the hair styling apparatus of claim 16, as applied above. The combination does not disclose the apparatus further comprising an arm switch connected to either the first arm or the second arm, wherein the corresponding heat plate cover engages with the slot switch and the arm switch when sliding between the first position and the second position. Rather, as demonstrated in the rejection of claim 16, above, the combination comprises only a single switch, disposed on the first arm to provide control to a desired heating plate.
Choi discloses a similar device (Figures 2-5b) comprising first (30 + 40) and second (10 + 20) arms, each arm comprising a first heating plate (50), wherein the first arm comprises a first/slot switch (34) and the second arm comprises an arm switch (14), and each of these switches are actuated by a sliding motion between the heated portion of the arms and the gripping portion of the arms (refer to Paragraph [0029]) in order to make or break power to a respective heating plate, thereby demonstrating that it is known to provide multiple switches for controlling respective heating plates. The combination of Yoo, Noh, Kim ‘511, and Kim ‘146 discloses the claimed invention except for providing an additional switch in the form of an arm switch. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the slot switch from the first arm to be also present in the second arm, as taught by Choi, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art for controlling a desired heating plate.
Modifying the hair styling apparatus of the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 such that the slot switch of the first arm is duplicated on the second arm to provide an arm switch, provides a configuration wherein the corresponding heat plate cover engages with the slot switch and the arm switch when sliding between the first position and the second position.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 as applied to claim 16 above, and further in view of Altmann et al. (WO2014/001128A1).
Regarding claim 18, the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 discloses the hair styling apparatus of claim 16, as applied above. The combination does not disclose wherein the slot switch is a pressure switch.
Altmann discloses a similar hair styling device (1, Figure 1) comprising a first (2 + 3 at bottom of the apparatus) and a second (2 + 3 at a top of the device) arm, wherein each arm comprises a heating plate (7). The apparatus further comprises a switch (5) for detecting whether the arms are in contact/closed or open, the state of the pressure switch then communicating to the heating element to power the device (refer to Page 3 of the translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair styling apparatus of the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 such that the slot switch is a pressure switch, as taught by Altmann, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of controlling the heating plates based on a state of the switch.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Yoo, Noh, Kim ‘511, and Kim ‘146, as applied to claim 16, above and further in view of Kim ‘509 (KR20060134509A) and Lun (WO2018/032529A1).
Regarding claim 20, the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 discloses the hair styling apparatus of claim 16, as applied above, but does not disclose the apparatus further comprising a locking mechanism connected to the first arm and a receiving mechanism connected to the second arm, wherein the locking mechanism removably engages with the receiving mechanism to open or close the first and second arms, wherein the locking mechanism is configured to override the function of the slot switches.
Kim ‘509 discloses a similar hair styling apparatus (Figures 1-6) comprising an upper arm (11) and a lower arm (12), first and second heating plates (20, 21), wherein the device comprising first and second heating plate covers (18, 19) that are in a sliding relation with the first and second arms (refer to Figures 5-6) wherein the upper arm further comprises a locking mechanism (13a + 13b, best shown in Figure 3) that “may not only be used as a switch for controlling the power supply but also to have a locking and releasing function of the inner cover” (refer to Page 2 of the translation) and the switch is “for controlling the storage of the inner cover…the power supply be connected” (refer to Page 2 of translation) and further that once the switch is actuated, “the cover 11 rotates” (refer to Page 3 of the translation), and when the cover is fully disposed within the arm, the arms cannot rotate (refer to Page 3 of the translation), i.e. Kim ‘509 teaches a locking mechanism that retains the first and second arms in a closed state and releasing the locking mechanism permits the first and second arms to be able to rotate with respect to one another, this lock also prevents any sliding members from moving, thereby permitting an additional layer of safety by reducing the likelihood of inadvertent deployment of the sliding mechanism and/or pivoting of the arms. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the styling device of the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 such that the apparatus further comprises a locking mechanism connected to the first arm to open or close the first and second arms, as taught by Kim ‘509, since such a modification provides the advantage of an additional layer of safety by reducing the likelihood of inadvertent pivoting of the arms. Modifying the device of the combination of Yoo, Noh, Kim ‘511, and Kim ‘146 to have the locking mechanism as taught by Kim ‘509 provides a configuration wherein the locking mechanism is configured to override the function of the slot switches, where the function of the slot switches is to slide and the locking mechanism overrides that function; additionally, the locking mechanism prevents or permits power to be supplied to the device as a whole and therefore further overrides the function of the slot switches which function to supply power to the second heating plates, since no power can be supplied to heaters via the slot switches if no power is supplied to the device as a whole.
While the combination as modified discloses a locking mechanism that performs the claimed function, Kim ‘509 does not disclose the particular structure of the locking mechanism and therefore the combination does not explicitly disclose that the locking mechanism is a latch and a latch receiver, or a functionally equivalent structure, as applied in the 35 USC 112(f) interpretation above.
Lun discloses a similar hair styling apparatus (Figures 1-3) comprising a first arm (upper arm, refer to Figure 1) and a second arm (lower arm, refer to Figure 1), wherein each arm comprises first (11) and second (15) heating plates, disposed opposite to the first heating plates (refer to Figure 2) such that the device may be used as both a flat iron when contacting a user’s hair with the first heating plates, and as a curling iron when contacting the user’s hair with the second heating plates. Lun’s device further comprising a locking mechanism (21) comprising a latch (212, Figure 1) connected to the first arm (refer to Figure 1) and a receiving mechanism (not labeled, but is the hole described on Page 25 of the translation and depicted in Figure 1, refer to Lun Cropped and Annotated Figure 1, below) connected to the second arm (refer to Figure 1), wherein the locking mechanism removably engages with the receiving mechanism in order to secure the first and second arms in the closed position, thereby providing a more convenient use of the curling iron function of the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of the combination of Yoo, Noh, Kim ‘511, Kim ‘146 and Kim ‘509 such that the locking mechanism comprises a latch connected to the first arm and a receiving mechanism connected to the second arm, wherein the locking mechanism removably engages with the receiving mechanism to secure the first and second arms in the closed position, as taught by Lun, since such a modification provides the advantage of increasing the convenience of the device when it is used in the curling iron function.
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Allowable Subject Matter
Claims 13-15 are allowed, pending all claim objections are addressed, since the prior art does not teach the newly added limitation of “wherein the first and second heating plate covers are configured to move from a first position to a second position independent of the pivotal movement of the first arm and the second arm relative to each other”. Rather, Kim (KR20150088511A) teaches that the heating plate covers “are operated by interlocking with an opening/closing operation of a main body thereof” (refer to the Abstract), i.e. the pivotal movement of the first and second arms directly affect the movement of the first and second heating plate covers.
Response to Arguments
Claim rejections under 35 USC 112(a)
Applicant’s amendments to the claims overcome all previous 35 USC 112(a) rejections; all previous 35 USC 112(a) rejections are withdrawn.
Claim rejections under 35 USC 103:
Applicant's arguments filed 03/10/2026 regarding the combination of Yoo (KR20110007333A), Zhou (CN106073106), and Lu (CN211323410) as detailed on pages 8-14 of applicant’s remarks 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.
Applicant’s arguments regarding the rejection to independent claim 13 as detailed on pages 14-17 have been considered and are found to be persuasive. The rejection of claim 13 has been withdrawn. Accordingly, the rejection to claims 14-15 are withdrawn.
Applicant’s arguments regarding the rejection of claims 1 and 7 based on combinations of Chan, Choi, Altmann and Kim ‘146, as detailed on pages 17-19 of applicant’s remarks, 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Jones (US8132573) teaches a hair curling iron having a single shield (50) that is rotationally and retractably connected with respect to the handle (“Integrally formed with the handle 15 and slidably and rotatably mounted thereto is a shield 50”, refer to Column 3, lines 8-9).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH WOODHOUSE whose telephone number is (571)272-5635. The examiner can normally be reached Monday - Friday: 9am - 5pm.
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/SARAH WOODHOUSE/Examiner, Art Unit 3772