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 .
Claim Objections
Claims 6, 35, 44-45 and 51 are objected to because of the following informalities:
Claim 6 recites the limitation “the thermally conductive elements” in line 2. Please amend to --- the plurality of thermally conductive elements ---.
Claim 35 recites the limitation “the heater” in lines 3, 4 and 5. Please amend to --- the at least one heater ---.
Claim 44 recites the limitation “the heater” in line 2. Please amend to --- the at least one heater ---.
Claim 45 recites the limitation “the heater” in line 2. Please amend to --- the at least one heater ---.
Claim 51 recites the limitation “the bristles and conductive elements” in line 16. Please amend to --- the plurality of bristles and plurality of thermally conductive elements ---.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 20, 27 and 44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leung (US 2003/0052115).
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Regarding claim 1, Leung shows an apparatus (1, fig. 1) for drying or styling hair, the apparatus (1. Fig. 1) comprising:
a body portion (100, figs. 1, 2);
a head portion (300, figs. 1, 2) coupled to the body portion (100, figs. 1, 2), the head portion (300, figs. 1, 2) comprising a base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) having a hair contacting surface (contacting surface of cylindrical portion of item 300, fig. 2) for engaging with a length of hair;
a fan (117, fig. 2) for drawing air into the apparatus (1, fig. 1) and for blowing air towards the head portion (300, figs. 1, 2); and
at least one heater (216, figs. 2, 5, 6) for providing heat energy to cause the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) and the air drawn into or output from the fan (117, fig. 2) to be heated;
wherein the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) is configured to store heat for subsequent transfer of heat by conduction to hair that engages the hair contacting surface (contacting surface of cylindrical portion of item 300, fig. 2) of the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2); and
wherein the apparatus (1, fig. 1) is configured to control the heating of the air by the at least one heater (216, figs. 2, 5, 6) in response to a change in temperature of the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) (Leung recites “… Heater 216 is also preferably adapted with a suitable temperature cut-off safety mechanism. The cut-off safety mechanism can be any mechanism known in the art. For example, heater 216 can be adapted with a sensor 206, and a fuse or thermal cut-off 218. Sensor 206 is preferably a sensor bead (NTC) and adapted to monitor changes in temperature. Thermal cut-off 218 is preferably adapted to break the flow of electrical current at a predetermined temperature and thus, shut down device 1.”, paragraph [0032], UNDERLINE emphasis added; furthermore, as shown in figs. 6 & 2, the sensor 206 is disposed inside the cylindrical portion or base portion of the item 300; thus, the sensor 206 is adapted to monitor changes in temperature of the cylindrical portion or base portion of the item 300; and thus, in other words, the device 1 of Leung is configured to control the heating of air from the fan 117 by the heater 216 in response to a change in temperature of the cylindrical portion or base portion of the item 300).
Regarding claim 4, Leung shows wherein the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) comprises at least one vent hole (307, figs. 5, 6) for flow of the heated air out of the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) for transfer of heat from the heated air to the hair.
Regarding claim 20, Leung shows wherein the head portion (300, figs. 1, 2) is generally cylindrical (figs. 1-6).
Regarding claim 27, Leung shows wherein heat is transferred from the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) to the hair by conduction, and from the heated air (heated air exits item 307, figs. 5, 6) to the hair by convection.
Regarding claim 44, Leung shows wherein the heater (216, figs. 2, 5, 6) is configured to heat the air drawn into or output from the fan (117, fig. 2) to provide a heated air stream,
wherein the head portion (300, figs. 1, 2) is configured to receive the heated air stream,
and wherein the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) is configured to be heated by the heated airstream for subsequent transfer of heat by conduction to hair that engages the hair contacting surface (contacting surface of cylindrical portion of item 300, fig. 2) of the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2).
Claims 51, 53-54, 56 and 58 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richmond et al. (US 2017/0208915; hereinafter Richmond).
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Regarding claim 51, Richmond shows an apparatus (45, figs. 7-9) for drying or styling hair, the apparatus (45, figs. 7-9) comprising
a body portion (14, figs. 7, 8);
a head portion (12, fig. 8) coupled to the body portion (14, figs. 7, 8), the head portion (12, fig. 8) comprising a base portion (16, fig. 8) having a hair contacting surface (outer contacting surface of item 16, fig. 8) for engaging with a length of hair; and
a fan (52, fig. 9) for drawing air into the apparatus (45, figs. 7-9) and for blowing air towards the head portion (12, fig. 8); and
at least one heater (58, fig. 9) for heating the air drawn into or output from the fan (52, fig. 9) to provide a heated air stream;
wherein the base portion (16, fig. 8) comprises:
a plurality of vent holes (46, figs. 7, 8) for venting the heated air from the apparatus (45, figs. 7-9);
a plurality of bristles (bristles 18 on outer perimeter of item 16 as shown in ANNOTATED figs. 7, 8) extending from the hair contacting surface (outer contacting surface of item 16, fig. 8) of the base portion (16, fig. 8); and
a plurality of thermally conductive elements (thermally conductive elements 18 on central portion of item 16 as shown in ANNOTATED figs. 7, 8) extending from the hair contacting surface (outer contacting surface of item 16, fig. 8) of the base portion (16, fig. 8);
wherein the bristles (bristles 18 on outer perimeter of item 16 as shown in ANNOTATED figs. 7, 8) and conductive elements (thermally conductive elements 18 on central portion of item 16 as shown in ANNOTATED figs. 7, 8) are arranged to guide the hair around the vent holes (46, figs. 7, 8) to prevent, during use, the hair from blocking the vent holes (46, figs. 7, 8).
Regarding claim 53, Richmond shows a hair styling device (45, figs. 7-9) comprising:
a housing (12, fig. 8) having an air inlet (48, figs. 7-9) through which air can be drawn and one or more air outlets (46, figs. 7, 8) through which air can be output; and
a fan (52, fig. 9) mounted within the housing (12, fig. 8) and configured to draw air into the housing (12, fig. 8) through the air inlet (48, figs. 7-9) and to blow the air towards the one or more air outlets (46, figs. 7, 8);
wherein the housing (12, fig. 8) comprises a shroud (shroud at item 48, ANNOTATED figs. 7-9) for shrouding at least part of the air inlet (48, figs. 7-9) and a spigot (56, fig. 9) that protrudes through the air inlet (48, figs. 7-9) beyond a distal end of the shroud (shroud at item 48, ANNOTATED figs. 7-9).
Regarding claim 54, Richmond shows wherein the housing (12, fig. 8) is elongate having a central axis (central axis of item 12, figs. 7-9), wherein the shroud (shroud at item 48, ANNOTATED figs. 7-9) surrounds the central axis of the housing (12, fig. 8) and wherein the distal end (right end of shroud at item 48, ANNOTATED fig. 7-9) of the shroud (shroud at item 48, ANNOTATED figs. 7-9) is oblique to the central axis (central axis of item 12, figs. 7-9) (as shown in ANNOTATED figs. 7-9, the right end or distal end of shroud at item 48 is tilted, or slanted, or slopping, or oblique to the central axis of item 12).
Regarding claim 56, Richmond shows wherein the air inlet (48, figs. 7-9) is formed by a gap between the shroud (shroud at item 48, ANNOTATED figs. 7-9) and the spigot (56, fig. 9) and wherein a filter is provided in the air inlet; or wherein the housing (12, fig. 8) further comprises a heater (58, fig. 9) for heating air before the air is output from the one or more air outlets (46, figs. 7, 8).
Regarding claim 58, Richmond shows wherein the shroud (shroud at item 48, ANNOTATED figs. 7-9) is integrally formed with the housing (12, fig. 8) or is a separate part that connects to the housing.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Leung as applied to claim 1 above, and in view of Oglesby et al. (US 5,799,648; hereinafter Oglesby).
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Regarding claim 3, Leung discloses the limitations of the apparatus according to claim 1 above, but does not disclose wherein the apparatus is configured to increase the heat output of the at least one heater when a temperature of the base portion falls below a predetermined threshold value.
Oglesby teaches wherein the apparatus (Oglesby, 1, fig. 1) is configured to increase the heat output of the at least one heater when a temperature of the base portion (Oglesby, 8, fig. 1) falls below a predetermined threshold value (Oglesby recites “There is therefore a need for a gas powered heating device which comprises a temperature responsive control means which is capable of maintaining the temperature of a main body member or a working body member of the heating device at a desired temperature within relatively narrower upper and lower temperature limits. and furthermore. There is a need for a gas powered heating device comprising a temperature responsive control means in which the temperature responsive control means reacts relatively rapidly to the temperature of the working body member of the heating device exceeding or falling below a desired temperature and which requires the minimum of factory setting.”, col. 2, lines 10-21; thus, in other words, when the temperature of the working body member 8 falls below a desired temperature, the device or apparatus 1 would control the gas powered heating device or the heating device to increase the heat output in order to maintain the temperature of the working body member 8 at the desired temperature).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the apparatus for drying or styling hair of Leung with wherein the apparatus is configured to increase the heat output of the at least one heater when a temperature of the base portion falls below a predetermined threshold value, as taught by Oglesby, for maintaining an operating temperature of the apparatus at a desired level which would result in effectively drying a user’s hair within a short period of time and thus the user’s satisfaction is promoted. Thus, the apparatus for drying or styling hair operates more efficiently and thus benefits the consumer.
Claims 6, 25 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Leung as applied to claim 1 above, and in view of Araki (US 4,564,032).
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Regarding claim 6, Leung discloses the limitations of the apparatus according to claim 1 above, but does not disclose wherein the base portion comprises a plurality of thermally conductive elements on an outer surface of the base portion, wherein the thermally conductive elements are configured to be heated by the heated airstream and to store heat from the heated air stream for subsequent transfer of heat by conduction to hair that engages the hair contacting surface of the base portion.
Araki teaches wherein the base portion (Araki, D, fig. 11) comprises a plurality of thermally conductive elements (Araki, 24, fig. 11) (highly thermal conductive metal strips 24, col. 5, lines 7-25) on an outer surface (Araki, outer surface of item 23 of item 1 of item D, fig. 11) of the base portion (Araki, D, fig. 11), wherein the thermally conductive elements (Araki, 24, fig. 11) are configured to be heated by the heated airstream (Araki, heated airstream from items 9, 11, fig. 26A) (col. 5, lines 7-25) and to store heat from the heated air stream for subsequent transfer of heat by conduction to hair that engages the hair contacting surface (Araki, outer surface of item D, fig. 11) of the base portion (Araki, D, fig. 11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the apparatus for drying or styling hair of Leung with wherein the base portion comprises a plurality of thermally conductive elements on an outer surface of the base portion, wherein the thermally conductive elements are configured to be heated by the heated airstream and to store heat from the heated air stream for subsequent transfer of heat by conduction to hair that engages the hair contacting surface of the base portion, as taught by Araki, for providing additional heat to a drying process which would result in effectively drying a user’s hair within a shorter period of time and thus the user’s satisfaction is promoted. Thus, the apparatus for drying or styling hair operates more efficiently and thus benefits the consumer.
Regarding claim 25, Leung discloses where the fan (117, fig. 2) is provided in the body portion (101, figs. 1, 2) and the at least one heater (216, figs. 2, 5, 6) is provided in the head portion (102, figs. 1, 2).
Leung does not disclose the at least one heater is provided in the body portion.
Araki teaches the at least one heater (Araki, 9, fig. 26A) is provided in the body portion (Araki, 5, fig. 26A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the apparatus for drying or styling hair of Leung with the at least one heater is provided in the body portion, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Shifting the location of the heater does not modify the operation of the apparatus for drying or styling hair because the apparatus for drying or styling hair would still heat the drying air. Please note, Specification of the instant application does not disclose any criticality of the claim invention.
Regarding claim 30, Leung discloses the limitations of the apparatus according to claim 1 above, but does not disclose comprising a plurality of base portions, each configured to be heated by the heated airstream and to store heat from the heated air stream for subsequent transfer of heat by conduction to hair that engages the hair contacting surface of the base portion.
Araki teaches a plurality of base portions (Araki, 24, fig. 11) (highly thermal conductive metal strips 24, col. 5, lines 7-25), each configured to be heated by the heated airstream (Araki, heated airstream from items 9, 11, fig. 26A) (col. 5, lines 7-25) and to store heat from the heated air stream (Araki, heated airstream from items 9, 11, fig. 26A) for subsequent transfer of heat by conduction to hair that engages the hair contacting surface (Araki, outer surface of items 24, fig. 11) of the base portion (Araki, 24, fig. 11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the apparatus for drying or styling hair of Leung with the plurality of base portions, each configured to be heated by the heated airstream and to store heat from the heated air stream for subsequent transfer of heat by conduction to hair that engages the hair contacting surface of the base portion, as taught by Araki, for effectively drying a user’s hair within a shorter period of time which would result in promoting the user’s satisfaction. Thus, the apparatus for drying or styling hair operates more efficiently and thus benefits the consumer.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Leung and Oglesby as applied to claim 3 above, and further in view of Kobayashi (US 4,259,566).
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Regarding claim 29, Leung as modified discloses further comprising: at least one sensor (206, fig. 1) for sensing a temperature of the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2) (as recited and explained above, the sensor 206 is adapted to monitor changes in temperature of the cylindrical portion or base portion of the item 300);
a first heater (216, figs. 2, 5, 6) for heating the air drawn into or output from the fan (117, fig. 2) to provide the heated air stream.
Leung does not disclose a second heater configured to provide a boost function to provide addition heat to the air stream;
wherein the apparatus is configured to control the second heater in response to a detected decrease in the temperature of the base portion.
Kobayashi teaches a second heater (Kobayashi, 13, fig. 2) configured to provide a boost function to provide addition heat to the air stream;
wherein the apparatus (Kobayashi, fig. 1) is configured to control the second heater (Kobayashi, 13, fig. 2) in response to a detected decrease in the temperature of the base portion (Kobayashi, 8, fig. 2) (Kobayashi recites “A controller 28 rests on a table movable and slidable on the prop 1, which comprises a variety of components for controlling temperature and duration of the respective heater elements 13 in response to the temperature sensing probes 18 which sense the temperature of the surface of the hair curled on the curler rods 27, adjusting the amount of mist dissipated from the ultrasonic 20 atomizer, controlling the power supply, etc.”, col. 3, lines 14-21; thus, in other words, when the sensed or detected temperature of the temperature sensing probe(s) 18 of the base portion 8 is below or above a predetermined level or value, the controller 28 would control the heater element(s) 13 in response to the sensed or detected temperature of the temperature sensing probe(s) 18; or further in other words, the apparatus of Kobayashi is configured to control the heater element(s) 13 or the second heater 13 in response to a detected decrease in the temperature of the base portion 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to further modify the apparatus for drying or styling hair of Leung with the second heater configured to provide a boost function to provide addition heat to the air stream; wherein the apparatus is configured to control the second heater in response to a detected decrease in the temperature of the base portion, as taught by Kobayashi, for providing additional heat to a drying process which would result in further effectively drying a user’s hair within a shorter period of time and thus the user’s satisfaction is further promoted. Thus, the apparatus for drying or styling hair operates further more efficiently and thus benefits the consumer.
Claims 35 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Leung as applied to claim 1 above, and in view of Cafaro (US 6,363,215).
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Regarding claims 35 & 37, Leung discloses wherein the apparatus (1, fig. 1) comprises a first fuse (218, fig. 6);
wherein the first fuse (218, fig. 6) is configured to prevent the heater (216, figs. 2, 5, 6) from operating when a temperature at the heater (216, figs. 2, 5, 6) exceeds a first predetermined threshold temperature (predetermined temperature, [0032]). (Application claim 35)
Leung does not disclose wherein the apparatus comprises a second fuse; and
wherein the second fuse is configured to prevent the heater from operating when a temperature in the head portion exceeds a second predetermined threshold temperature; (Application claim 35) and
wherein the second predetermined threshold temperature is lower than the first predetermined threshold temperature. (Application claim 37)
Cafaro teaches wherein the apparatus (Cafaro, 100, fig. 1) comprises a second fuse (Cafaro, 119, fig. );
wherein the second fuse (Cafaro, 119, fig. 2) is configured to prevent the heater (Cafaro, 113, fig. 2) (Cafaro, col. 3, lines 1-20) from operating when a temperature in the head portion (Cafaro, 102, fig. 2) exceeds a second predetermined threshold temperature (Cafaro, a higher second predetermined level, col. 3, lines 1-20); (Application claim 35) and
wherein the second predetermined threshold temperature (Cafaro, a higher second predetermined level, col. 3, lines 1-20) is lower than the first predetermined threshold temperature (Cafaro, an even higher third predetermined level, col. 3, lines 1-20) (Cafaro recites “Radiant heater assembly 113 is contained within the tube and electrically connected to the control circuitry. The radiant heater portion includes halogen heating bulb 114 captured coaxially within two ceramic end caps 115 and surrounded by a silicon sleeve 116 that is transparent to both 5 visual light and infrared radiation. The convection heating assembly 110 includes heating coil 112 wound around mica support 117, which also supports a thermostat 118, a first thermal fuse 119, and a second thermal fuse 120. The thermostat 118 is electrically connected in series with the heating coil and is configured to energize the coil when the thermostat senses a temperature below a first predetermined level. The first thermal fuse 119 is electrically connected in series with the halogen bulb and is configured to de-energize the bulb when the fuse senses a temperature above a higher second predetermined level. The second thermal fuse is electrically connected in series with the remainder of the control circuit and is configured to de-energize the entire appliance when it senses a temperature above an even higher third predetermined level.”, col. 3, lines 1-20, UNDERLINE emphasis added). (Application claim 37)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the apparatus for drying or styling hair of Leung with wherein the apparatus comprises a second fuse; and wherein the second fuse is configured to prevent the heater from operating when a temperature in the head portion exceeds a second predetermined threshold temperature; (Application claim 35) and wherein the second predetermined threshold temperature is lower than the first predetermined threshold temperature (Application claim 37), as taught by Cafaro, for providing an improved safety feature with multi-safety layers which would result in effectively preventing and/or minimizing a user’s hair from getting damage or burn during a drying or styling process. Thus, the apparatus for drying or styling hair is safer to use and thus benefits the consumer.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Leung as applied to claim 1 above, and in view of Kobayashi (US 4,259,566).
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Regarding claim 39, Leung discloses the limitations of the apparatus according to claim 1 above, but does not disclose further comprising a plurality of temperature sensors provided in the head portion.
Kobayashi teaches a plurality of temperature sensors (Kobayashi, 18, fig. 2) provided in the head portion (Kobayashi, 8, fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the apparatus for drying or styling hair of Leung with the plurality of temperature sensors provided in the head portion, as taught by Kobayashi, for effectively controlling an operating temperature of the apparatus during a drying or styling process which would result in effectively drying or styling a user’s hair within a short period of time and thus the user’s satisfaction is promoted. Thus, the apparatus for drying or styling hair operates more efficiently and thus benefits the consumer.
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Leung as applied to claim 1 above, and in view of Hickey et al. (US GB2597688A; hereinafter Hickey).
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Regarding claim 41, Leung discloses the limitations of the apparatus according to claim 1 above, but does not disclose the apparatus further comprising a motion sensor;
wherein the apparatus is configured to enter an idle mode based on measurements from the motion sensor;
wherein in the idle mode a temperature of the base portion is maintained at an idle temperature; and
wherein the idle temperature is lower than an operating temperature of the base portion for drying and/or styling hair.
Hickey teaches the apparatus (Hickey, figs. 1-3) further comprising a motion sensor (Hickey, 230, fig. 2, motion sensors, page 10, lines 16-22);
wherein the apparatus (Hickey, figs. 1-3) is configured to enter an idle mode (Hickey, first state or first mode or standby mode, page 15, lines 6-17 as recited below) based on measurements from the motion sensor (Hickey, 230, fig. 2, motion sensors, page 10, lines 16-22);
wherein in the idle mode (Hickey, first state or first mode or standby mode, page 15, lines 6-17 as recites below) a temperature of the base portion is maintained at an idle temperature (Hickey, standby temperature, page 15, lines 6-17 as recited below); and
wherein the idle temperature (Hickey, standby temperature, page 15, lines 6-17) is lower than an operating temperature (Hickey, pre-determined operating temperature, page 15, lines 6-17) of the base portion for drying and/or styling hair (Hickey recites “In embodiments, the at least one sensor 230 is configured to sense a change in state of the device I 00 from the second moving state to the first stationary state, and the controller 210 is configured to, in response to the at least one sensor 230 sensing a change in state from the second state to the first state, prohibit heating of the hair contact member 225, thereby allowing the hair contact member 225 to cool below the pre-determined operating temperature. In embodiments, prohibiting heating of the hair contact member 225 comprises preventing power from being supplied to the hair contact member 225. In embodiments, prohibiting heating of the hair contact member 225 comprises preventing power from being supplied to a heating element. In embodiments, the hair contact member 225 cools to a standby temperature. In embodiments, the controller maintains the hair contact member 225 at a standby temperature. The standby temperature may be between about 50 and l 50°C. In embodiments, the hair contact member 225 may cool to room temperature.”, page 15, lines 6-17, UNDERLINE emphasis added; furthermore, Hickey recites “In embodiments, the hair contact member 225 heats to a pre-determined operating temperature of between about 160 and 210°C, for example approximately l 85°C.”, page 13, lines 11-13, UNDERLINE emphasis added; thus, the standby temperature or idle temperature is lower than the pre-determined operating temperature or operating temperature).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claim invention to modify the apparatus for drying or styling hair of Leung with the apparatus further comprising a motion sensor; wherein the apparatus is configured to enter an idle mode based on measurements from the motion sensor; wherein in the idle mode a temperature of the base portion is maintained at an idle temperature; and wherein the idle temperature is lower than an operating temperature of the base portion for drying and/or styling hair, as taught by Hickey, for preventing and/or reducing power from being supplied to the heater when the apparatus is not in-use during a drying or styling process which would result in reducing a power consumption of the apparatus. Thus, the operation cost of the apparatus is reduced and thus benefits the consumer.
Claim 45 is rejected under 35 U.S.C. 103 as being unpatentable over Leung as applied to claim 1 above, and in view of Toyomi et al. (US 4,430,808; hereinafter Toyomi).
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Regarding claim 45, Leung discloses wherein the heater (216, figs. 2, 5, 6) is configured to heat the air drawn into or output from the fan (117, fig. 2) to provide a heated air stream,
wherein the head portion (300, figs. 1, 2) is configured to receive the heated air stream,
and wherein a heat exchanger (208, fig. 5) in the head portion (300, figs. 1, 2) is configured to be heated by the heater (216, figs. 2, 5, 6) for transfer of heat from the heat exchanger (208, fig. 5) to the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2), and for subsequent transfer of heat by conduction to hair that engages the hair contacting surface (contacting surface of cylindrical portion of item 300, fig. 2) of the base portion (cylindrical portion of item 300 where items 308 protrude outward, fig. 2).
Leung does not disclose a heat exchanger in the head portion is configured to be heated by the heated airstream.
Toyomi teaches a heat exchanger (Toyomi, 2a, figs. 2, 3) in the head portion (Toyomi, 2, figs. 1, 2, 3) is configured to be heated by the heated airstream (Toyomi, heated air stream from item 13, fig. 2).
It is noted that there are a limited number of choices available to a person of ordinary skill in the art for providing a heating type. In this regard, it is noted that Toyomi teaches that a heat exchanger in the head portion is configured to be heated by the heated airstream.
It would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claim invention to try the heated airstream of Toyomi to the apparatus for drying or styling hair of Leung, since this is simply another heating type for heating the heat exchanger.
“When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103.” KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007). Therefore, it would have been obvious to try the heated airstream of Toyomi to the apparatus for drying or styling hair of Leung, since this is simply another heating type for heating the heat exchanger.
Conclusion
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/BAO D NGUYEN/Patent Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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