DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 3/1/24, 6/20/24 was/were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered by the examiner.
Drawings
The drawings were received on 6/27/24. These drawings are objected to.
Figures 1-4, 6, and 8-12 is/are objected to for failing to comply with 37 C.F.R. 1.84(p)(3), which requires numbers, letters, and reference characters measure at least .32 cm. (1/8 inch) in height.
The drawings are objected to because Figures 1-12 are titled improperly because the view numbers must be larger than the numbers used for reference characters (see 37 CFR 1.84(u)). In the instant case, the figure titles for Figures 5 and 7 are the same size as the reference characters and not larger. For the other figures, the figure titles are 0.32 cm (1/8 inch) in height, so when the reference characters are adjusted as required by the above objection, the figure titles will be the same size as the reference characters. Please increase the size of all figure titles to avoid this.
Figure 2 is/are objected to because they contain cross-sectional views without indicating the plane upon which the sectional views are taken as required by 37 CFR 1.84 (h)(3).
Figures 2 is/are objected to for failing to comply with 37 C.F.R. 1.84(p)(5), which requires reference characters not mentioned in the description not appear in the drawings and reference characters mentioned in the description must appear in the drawings. In this case, reference character “30” does not appear in the disclosure, but appears in Figure 2.
The drawings are objected to because Figure 11 comprises lines, numbers, and/or letter which are blurry and therefore not durable, clean, black, sufficiently dense and dark, and uniformly thick and well-defined with the weight of all lines and letters being heavy enough to permit adequate reproduction as required by 37 C.F.R. 1.84 (l).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-10 is/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 pre-AIA the applicant regards as the invention.
Claim 1: this claim recites in the second clause “a sealing structure is provided between the connecting seat and an inner wall of the opening end”; however, based on a review of applicant’s disclosure no “seals” or “gaskets” are illustrated or disclosed making it unclear what “sealing structure” should imply structurally because O-rings, gaskets, etc. are known “seals” or “sealing structures”, but no such thing is taught in applicant’s disclosure. Instead it appears applicant is calling a snap fit “protrusion” on the housing (27, Fig 3) a “sealing structure”. It is unclear if this language should include gaskets and O-rings or not and if any protrusion that snap fits into a device would also qualify as a “sealing structure” as claimed? The metes and bounds of the claim(s) is/are unclear. It is also noted that this application is related to application 18/756738, which illustrates the exact same figures and protrusions as the pending application and does not mention a “seal” located anywhere on the device nor any “sealing” materials lending further credence to the clarity issue encountered in the pending application. Additionally, this claim recites “a sealing structure is provided between the connecting seat and an inner wall of the opening end”; however, this is confusing and appears to conflict with applicant’s own disclosure. The illustrations and disclosure illustrate this “sealing structure” as a protrusion on a side of the “connecting seat” and not as a separate “sealing structure” that lies between the connecting seat and the inner wall of the opening end as applicant appears to be attempting to claim. The “sealing structure” is disclosed to be a protrusion on a side of the connecting seat and not a separate piece. Applicant must use one term consistently throughout the claims to refer to a single feature. While applicant can claim a protrusion or this “structure” protruding from a side of the seat, applicant cannot claim that this “structure” is a piece that lies between the two as its own piece/component as applicant appears to be attempting to do. The number of components needed to meet the claim limitations are unclear for this reason, making the metes and bounds of the claim further unclear. For examination purposes, the claim will be treated as reciting “wherein the connecting seat includes a protrusion”. Clarification or correction is requested.
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Claim 6: this claim recites “wherein a cavity wall of the inserting cavity has a first arc surface and a first plane…second arc surface and a second plane”; however a “plane” by definition is an imaginary surface so it is unclear what exactly applicant is trying to claim with this language because a wall does not “have a plane” since a “plane” is an imaginary surface defined by two lines running transverse to each other. For examination purposes, the claim will be treated as reciting “a first planar surface…second planar surface”. Clarification or correction is requested.
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 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) 1-2, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rong (US 8539964).
Claims 1-2: Rong discloses a rotating curling iron (see abstract) comprising: a handle (2) comprising a housing that can optionally carry a driving means (Col 3, 45-50), which the office interprets as the device can comprise a driving motor and an electric control device (6 & 3) to control (at least power on and off) the driving means/motor. The housing has an opening end (see Fig 2) that receives/mates with rotatable connecting seat (8+10+11) mounted in/on the housing and connected to the driving means (Col 3, 45-50) and the connecting seat has a connecting end (end of 11, see Fig 2) exposed from the opening end of the housing and a sealing structure formed as a protruding ring (10) is provided between the connecting seat and an inner wall of the opening end and this ring (10) can be made of silicone (Col 3, 40-50) a known “sealing” material. A rotating curling iron rod comprises a heating rod (12) joined to a fixing seat (13) and the fixing seat is detachably connected with the connecting end via a screw (14), so when the screw is removed the curling iron rod can be removed from the connecting end. The groove in which the “sealing structure” (10) fits constitutes a “sealing groove” and it is formed on an inner wall of the opening end with the exterior of the ring (10) forming a “sealing protrusion” formed on an outer and an inner periphery of the connecting seat and the ring extends in a rotation direction of the connecting seat such that the sealing groove encloses an outer periphery of the connecting seat with the sealing ring mounted rotatably or “slidably” in the sealing groove (Col 2, 40-60 & Col 3, 40-50).
Claim Rejections - 35 USC § 102/103
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 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 and 103 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
102(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.
103: 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) 1, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Amkie (US 20120111357) or, in the alternative, under 35 U.S.C. 103 as obvious over Amkie (US 20120111357) in view of Shami (US 20160360846).
Claim 1: Amkie discloses a rotating curling iron [0009-0010], comprising: a handle comprising a housing (1305), an electric control device (1310 +1388) and a driving motor (1384), wherein the driving motor is electrically connected to the electric control device [0009-0010 & 0025] and the housing has an opening end (see annotations). A connecting seat (1380) is rotatably mounted in the housing and connected to the driving motor (via 1382), wherein the connecting seat has a connecting end exposed from the opening end (see annotations) and a “sealing structure” is provided between the connecting seat and an inner wall of the opening end (see annotations); and a rotating curling iron (see Fig 19) comprising a heating rod (1865) and a fixing seat (see annotations) connected to one end of the heating rod, wherein the fixing seat is detachably connected with the connecting end (see annotations).
Alternatively, if applicant disagrees that the illustrated ring disclosed by Amkie is a “sealing structure”, then Amkie discloses the invention essentially as claimed except for this ring being formed of an insulating/sealing material explicitly. Shami, however teaches providing a heated hair styling appliance (100) with an insulated handle housing (150) [0012 & 0014] that can carry an interior groove with an insulating/sealing ring structure (140) [0012 & 0014] in order to ensure the grip portion of the styling appliance is sealed from heat in use [0012 & 0014]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the heated hair styling appliance of Amkie by providing the ring at the end of the appliance disposed between the heating portion and the handle of an insulating/sealing material as taught by Shami in order to ensure the grip of the device is insulated and sealed from heat transfer as is known to be needed and useful in the art.
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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 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) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rong (US 8539964) in view of Hu (US 20110059641).
Claims 3-5: Rong discloses the invention of claim 1 and Rong further discloses a first wiring assembly in the rotating curling iron rod for operating the heaters (22) and the handle including a second wiring assembly connected to the electronic control device (6 & 3) and further discloses the connecting seat having a connecting end that joins to a fixing seat of the heating rod. Hu discloses the invention essentially as claimed except for the connecting end being detachably connected to the fixing seat via an inserting portion mating with an inserting cavity with the inserting cavity being internally provided with an inserting protrusion that mates with a first inserting hole of the inserting portion when the inserting portion is inserted into the inserting cavity and the inserting protrusion including a plurality of second inserting holes, the first wiring assembly including a plurality of conductive pillars arranged in the first inserting hole and the second wiring assembly including conductive components arranged in the second inserting hole so that when the insertion portion is inserted into the inserting cavity the inserting protrusion is inserted into the first inserting hole and the conductive pillars are inserted into one of the second inserting holes to contact the conductive components.
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Hu, however, teaches a curling iron (see Fig 4) comprising a handle (4) detachably connected to a heated curling iron rod (3) so that a plurality of heated curling iron rods of different sizes can be detachably connected to the handle [0003], thereby allowing a user to make curls of different sizes with a single device. The rotating curling iron rod comprises at least a first wiring assembly including a plurality of conductive pillars (7) each inserted into an inner hole one of a plurality of cylindrical conductive components (81) of a second wiring assembly in the handle with a sidewall of the conductive components including a notch or slit that extends axially through its two ends and an inner side of the conductive component is provided with a protruding end portion that abuts against an outer peripheral surface of the conductive pillar when the pillar is inserted therein (see annotations). The conductive components (81) are arranged in a plurality of second inserting holes (64, see annotations) of the inserting protrusion (see annotations) and the conductive pillars are arranged in a first inserting hole of an inserting portion (see annotations). The second wiring assembly is included in an inserting protrusion (see annotations) of the inserting cavity (see annotations) that mates with the inserting portion of the fixing seat when assembled. This detachable connection is taught to be useful for allowing a user to easily connect a plurality of heated curling iron rods of different sizes to and from the handle [0003] as needed, thereby allowing a user to make curls of different sizes with a single device. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the device of Rong by providing it with a plurality of different sized detachable heated rods with the fixing seat and connecting seat detachable connection as prescribed by Hu in order to allow a user to replace a defective heating rod or achieve curls of different sizes as desired with a single device.
Claim(s) 6-10, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Rong (US 8539964) in view of Hu (US 20110059641) as applied to claim 3 above and further in view of Amkie (US 20120111357).
Claim 6: Modified Rong discloses the invention of claim 3 and the proposed modification is to provide the device of Rong with the detachable connection taught by Hu.
Hu further discloses a cavity wall of the inserting cavity having a first arc surface (rounded exterior edges of 6) and a first planar surface (61), so modified Rong teaches these limitations by the proposed combination. So modified Rong discloses the invention essentially as claimed except for the inserting portion including a second arc surface and a second planar surface that mate with the first arc surface and first planar surface. It is noted that what applicant is claiming is known alignment systems used in power cords frequently to avoid misaligning components when plugging two things into each other.
Amkie, however, teaches a motorized (1384) heated [0004] curling iron (900) with a handle (905) and a detachable rotating curling iron rod (960, see Fig 10) wherein each curling iron rod includes a series of conductive pillars (970) that mate with a detachable connection of the handle (905) and wherein the mating connecting includes a series of arced surfaces joined to at least one planar surface around a revolution direction (see annotations). In other words, Amkie teaches providing the mating connection between the handle and heated rod of a rotating curling iron to comprise at least one arc surface next to at least one planar surface for the common sense reason that this would ensure the proper alignment when connecting the components together thereby preventing damage to the conductive pillars during attachment/detachment. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the device of modified Rong by providing the mating connecting to have mating arc and planar surfaces as taught by Amkie for the common sense reason that this ensures proper alignment when attaching the various attachments for use. The proposed modification is to provide the inserting portion of the fixing seat with at least one second arc surface and one second planar surface to mate with the arc and planar surfaces of the inserting cavity.
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Claim 7: Modified Rong discloses the invention of claim 6 and the proposed modification is to provide the device of Rong with a plurality of different sized detachable heated rods with a detachable connection as prescribed by Hu between the fixing seat and the connecting end and with mating curved and planar surfaces in view of Amkie in order to allow a user to replace a defective heating rod and/or achieve curls of different sizes as desired with a single device.
So the proposed modification already includes the detachment mechanism prescribed by Hu. Hu further discloses this mechanism including a snapping structure (see annotations) including a snapping component (see annotations) and a pressing component (see annotations) and a pressing component abuts against a side of the snapping component away from the inserting cavity (see annotations); and wherein the fixing seat is provided with an inserting portion (see annotations), the clasping portion is provided with a snapping hole (see annotations), and the inserting portion in order to operate as described [0028] must having another wiring assembly electrically connected to a heating assembly and the clasping portion has its interior portion located in the inserting cavity (see Fig 3 & annotations) when inserted into the inserting cavity by the inserting portion and the snapping end of the snapping component is clamped into the snapping hole (see annotations). The wiring assemblies already disclosed by Zeng would have to be connected to operate as described. So since Hu teaches all these limitations and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu, modified Zeng (Zeng in view of Hu), teaches the limitations outlined above.
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Claim 8: Modified Zeng discloses the invention of claim 7 and the proposed modification is to provide the device of modified Rong with the detachable connection taught by Hu. Hu further discloses the handle housing being annular (see annotations) and sleeved on the outside of the connecting end with a mounting cavity enclosed between the annular housing and the connecting end with the annular housing including a dowel hole (see annotations) in communication with the mounting cavity, the snapping component being movably mounted in the mounting cavity (see annotations), the pressing component abutting against the side of the snapping component away from the connecting seat and the pressing component is exposed through the dowel hole; the connecting seat is provided with a via hole (see annotations) in communication with the inserting and mounting cavities and the snapping end of the snapping component extends into the inserting cavity through the via hole and the snapping assembly includes an elastic component (10) abutted between the snapping component and a portion of the connecting seat (see annotations). So since Hu teaches all these limitations and the proposed modification is to provide the device of Rong with the detachable connection taught by Hu, modified Rong (Rong in view of Hu and Amkie), teaches the limitations outlined above.
Claim 9: Modified Rong discloses the invention of claim 8 and the proposed modification is to provide the device of Rong with the detachable connection taught by Hu. Hu further discloses the pressing component provided with a position-limiting snapping hole (see annotations) and the snapping component comprising a position limiting snapping lug wherein the position limiting snapping lug is clamped into the position limiting snapping hole (see annotations). So since Hu teaches all these limitations and the proposed modification is to provide the device of Rong with the detachable connection taught by Hu, modified Rong (Rong in view of Hu and Amkie), teaches the limitations outlined above. In other words modified Rong discloses the invention essentially as claimed except for reversing the lug and hole so that the hole is on the snapping component and the lug is on the pressing component. However, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the device of modified Rong to reverse the lug and hole placement since it has been held by the courts that a mere reversal of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04(VI)(A).
Claim 10: Modified Rong discloses the invention of claim 8 and the proposed modification is to provide the device of Rong with the detachable connection taught by Hu. Hu further discloses the snapping structure including two snapping components and two pressing components diametrically opposed o opposite sides of the device and the connecting seat with the annular housing having the dowel holes corresponding to the pressing components (see annotations).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Friday 10:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772