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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs mentioned in the description:
Figure 3B: Circuit 301 is stated to be illustrated in Figure 3B in [PG Pub: 0099], however, the circuit in the figure is not labeled with a reference number. It should be noted, further, that in [PG Pub: 0100], the circuit illustrated in Figure 3B is stated to be heating circuit 300 (though this reference number is also not present in Figure 3B).
Figure 4B: Circuit 401 is stated to be illustrated in Figure 4B in [PG Pub: 0119], however, the circuit in the figure is not labeled with a reference number.
Figure 7: Third additional resistance-heating element 719 is stated to be illustrated in Figure 7 in [0170], however, this element is not shown in the figure.
Figure 10: Solid line 850 and dotted line 852 are stated to be illustrated in Figure 10 in [PG Pub: 0190], however, these lines are not labeled with a reference number within the figure.
Figure 16: Power cord 1608 is referenced in the specification [PG Pub: 0214] regarding Figure 16 and is illustrated in the figure but is not labeled with a reference number.
The drawings are objected to because of the following informalities:
Figure 3A shows reference number 108, which refers to a node of a different heating circuit embodiment that is not present in the figure.
Figure 6 shows reference number 420, which refers to a switching element of a different heating circuit embodiment that is not present in the figure.
Figures 8, 9, 10, and 11 include third switching element 830, which appears to be missing a terminal connection in these illustrations.
Figure 9 includes the reference number for solid line 846, but 846 calls out a dashed line in the figure.
There are multiple inconsistencies in Figures 9-12, regarding switch illustration. Specifically, each of these figures illustrate the first switching element 826, the third switching element 830, and the fifth switching element 834 to be “on.” However, this is inconsistent with these drawings, regarding illustration of current flow, and the written description, which states the following:
Figure 9 [PG Pub: 0187]: the first switching element 826 and the fourth switching element 832 are controlled to be “on.”
Figure 10 [PG Pub: 0190]: the first switching element 826 and the second switching element 828 are controlled to be “on.”
Figure 11 [PG Pub: 0193]: the first switching element 826, the second switching element 828, and the third switching element 830 are controlled to be “on.”
Figure 12 [PG Pub: 0196]: the first switching element 826, the second switching element 828, the third switching element 830, the fourth switching element 832, the fifth switching element 834, and the sixth switching element 836 are controlled to be “on.”
It should be noted that the arrows showing current flow are consistent with the written description, and just the illustrations of the switches themselves are inconsistent regarding which should be “on” or “off.”
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.
Specification
The disclosure is objected to because of the following informalities:
“first switching element 208” should be corrected to --first switching element 214-- [PG Pub: 0092].
“flojw” should be corrected to --flow-- [PG Pub: 0112].
“first switching element 418” should be corrected to --first switching element 416-- [PG Pub: 0114].
“fourth switching element is connected to fourth node 714” should be corrected to -- fourth switching element 730 is connected to fourth node 714-- [PG Pub: 0163].
“sixth switching terminal 836” should be corrected to --sixth switching element 836-- [PG Pub: 0181].
“the sixth, fifth, and fourth nodes 812, 810 and 808” should be corrected to --the sixth, fifth, and fourth resistance-heating elements 812, 810 and 808-- [PG Pub: 0187].
“the sixth, fifth, fourth, third, and second nodes 812, 810, 808, 806 and 804” should be corrected to --the sixth, fifth, fourth, third, and second resistance-heating elements 812, 810, 808, 806 and 804-- [PG Pub: 0190].
“the first, second, third, fourth and fifth resistance-heating elements 804, 806, 808, 810 and 812” should be corrected to --The net result is that the second, third, fourth, fifth and sixth resistance-heating elements 804, 806, 808, 810 and 812-- [two instances, both in PG Pub: 0191].
“first resistance-heating element 806” should be corrected to --first resistance-heating element 802-- [two instances, PG Pub: 0191].
“first resistance- heating element 802 are second resistance-heating element 804” should be corrected to --first resistance- heating element 802 and second resistance-heating element 804-- [PG Pub: 0195].
“controller 800” should be corrected to --controller 838-- [PG Pub: 0203].
Appropriate correction is required.
Claim Objections
Claim 12 is objected to because of the following informalities:
“the heating device” should be corrected to --the device--.
Appropriate correction is required.
Claim Interpretation
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Switching element, which is interpreted as a MOSFET, relay, bipolar junction transistor, silicon controlled rectifier, field effect transistor [PG Pub: 0179], and equivalents to selectively connect nodes and independent nodes to a voltage.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, 11, 12, 13, 14, 15, 16, 17, and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the nodes and independent nodes are claimed as “being connectable to a voltage”. Following, the first terminals of the switching elements are claimed to be “connectable to a voltage”. Finally, the switching elements are claimed to “enable selective connection of the respective nodes and independent nodes to a respective voltage”. It is unclear if each of these recitations of voltages refer to the same voltage within the heating circuit. From the written description, it is understood that each of these recitations of voltage refer to the same voltage. That is, the voltage connected to the nodes is, first, connected to the first terminals of the switching elements and, second, selectively connected to the nodes via the switching element. Further, it is understood from the written description that the voltage supplied to each node may be the same or may be different, but the voltage is specific to each node [PG Pub: 0071]. Thus, there is a “respective” voltage of each respective node and independent node.
The following limitations will be interpreted as, and can be corrected to:
“each of the nodes and independent nodes being connectable to a voltage” can be corrected to --each of the nodes and independent nodes being connectable to a respective voltage--.
“a first terminal connectable to a voltage” can be corrected to --a first terminal connectable to the respective voltage--.
“to enable selective connection of the respective nodes and independent nodes to a respective voltage” can be corrected to --to enable selective connection of the respective nodes and independent nodes to the respective voltage--.
Regarding claim 16, this claim is rendered indefinite for the same reason regarding recitation of “voltage” as described above with respect to claim 1.
The following limitations will be interpreted as, and can be corrected to:
“a first terminal connectable to a voltage” can be corrected to --a first terminal connectable to a respective voltage--.
“to enable selective connection of the respective nodes and independent nodes to a respective voltage” can be corrected to --to enable selective connection of the respective nodes and independent nodes to the respective voltage--.
Remaining claims are rejected under 35 U.S.C. 112(b) by virtue of their dependence on claims 1 or 16.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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Annotated Figure 1. Fig. 11 disclosed by Hell, annotated to show claimed circuitry elements.
Claims 1, 4, 11, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hell (US 4675509 A).
Regarding claim 1, Hell discloses a heating circuit [Fig. 11, col. 8 line 34 to col. 9 line 15], comprising:
at least three series-connected resistance-heating elements (heating wires R1-R12 [Fig. 11, col. 8, lines 35-37]) comprising two end resistance-heating elements (R1 and R12) and one or more other resistance-heating elements (R2-R11), each resistance-heating element being connected between a pair of nodes (nodes are present in the electrical connections between R1-R12; see Annotated Figure 1), each pair of adjacent resistance-heating elements in the series being connected via one of the nodes (see Annotated Figure 1), each end resistance-heating element being connected via one of the nodes and an independent node (both R1 and R12 are each connected to one node which is not shared by another heating wire [Fig. 11], making them independent nodes per the written description of the instant application [PG Pub: 0098]), each of the nodes and independent nodes being connectable to a voltage (each node is connected to energy supply N [Fig. 11, col. 8, lines 44-46]); and
a switching element for each of the nodes (switches S1-S11 [Fig. 11, col. 8, lines 37-40]) and independent nodes (switch S12 is connected to the independent node of heating wire R12 [Fig. 11, col. 8, lines 37-40]; while the independent node of heating wire R1 is illustrated to be directly connected to energy supply N in Fig. 11, Hell discloses that, alternatively to the direct connection of R1 to N, “The first heating wire R1, could, of course, also be connected to the energy supply via an appropriate switch” [col. 8, lines 57-59]), each switching element including a first terminal connectable to a voltage (each switch S1-S12 has a terminal connected to energy supply N [Fig. 11]) and a second terminal connectable to a respective one of the nodes and independent nodes (each switch S1-S12 also has a terminal connected to a node or independent node [Fig. 11]; see Annotated Figure 1 for terminal connections), each switching element being switchable to enable selective connection of the respective nodes and independent nodes to a respective voltage (details of the selective connection of the nodes to voltage are disclosed in [col. 8, line 61 to col. 9, line 8]),
wherein each of the switching elements is independently switchable (switches S1-S12 are controlled by a control and regulating loop 51 [col. 9, lines 9-10]) to define multiple parallel-resistance combinations of the resistance-heating elements (the table of Fig. 11 provides example combinations that can be provided by selective connection of switches S1-S12).
Regarding claim 4, Hell discloses that each combination results in, relative to at least some of the other combinations:
a different combined power output of the resistance-heating elements (several possible combinations of switching layouts are disclosed in Fig. 11; it can be appreciated from these combinations that depending on which switches S1-S12 are connected to positive, negative, or neutral positions, varying numbers and locations of heating wires R1-R12 will be inactive, in series, or in parallel [further detailed in col. 8, line 61 to col. 9, line 8]; inactive heating wires will have no power output, while, on the other hand, it is known (and further disclosed by Hell) that resistors in parallel have a power output equal to 4x that of resistors in series [col. 2, lines 11-15]; thus, depending on the switching layout, the combined power output of the heating wires will vary); and/or
a different distribution of power output across the resistance-heating elements (similarly to that described above, for different combinations detailed in Fig. 11 and described in [col. 8, line 61 to col. 9, line 8], different groups of heating wires may have different power output, depending on whether they are inactive, in series, or in parallel).
Regarding claim 11, Hell discloses a device comprising the heating circuit of claim 1 (plates 23 and 24 comprise the disclosed heating circuit within heaters 25 via heating mats 26 which contain the heating wires, constituting a heating station 16 for textile adhesive manufacturing [Figs. 1 and 2, col. 3, line 65 to col. 4 line 34]).
Regarding claim 12, Hell discloses the device comprising a heating surface (“working surface” is the side of heaters 25 (which constitute plates 23 and 24) opposite of attached heating mat 26 [Fig. 6, col. 6, lines 31-33]) having a plurality of heating zones (heaters 25; each of plates 23 and 24 have a plurality of heaters 25, whose temperature is set individually [Fig. 1, col. 4, lines 20-22]; each heater 25 will, thus, heat its own zone of plate 23 or 24), each of the zones being heatable by at least one of the resistance-heating elements (each heater 25 has a heating mat 26 placed thereon, which contains at least one heating wire [Figs. 6-9, col. 6, lines 29-41 and 55-63]), the heating device comprising drive circuitry (control and regulating loop 51 [col. 4, lines 35-36, col. 9, lines 9-10]) for selectively driving combinations of the nodes and independent nodes with voltages (switches S1-S12 are actuated via control loop 51 [col. 9, lines 9-10]; these switches selectively supply voltage to each of the nodes and independent nodes [Fig. 11]), such that different combinations of voltages connected to at least two of the nodes and independent nodes at a time allow selection of respective corresponding parallel-resistance combinations of the resistance-heating elements (Fig. 11 shows examples of switching connections within the circuit for switches S1-S12; further, the “+”, “-“, and “o” symbols represent the connection via switches S1-S12 of the nodes to the positive or negative voltage of energy supply N or to neutral, respectively [col. 8, lines 47-51]), wherein each combination results in, relative to at least some of the other combinations:
a different combined power output of the resistance-heating elements (see above 35 U.S.C. 102(a)(1) rejection of claim 4 for detail); and/or
a different distribution of power output across the resistance-heating elements (see above 35 U.S.C. 102(a)(1) rejection of claim 4 for detail).
Regarding claim 13, Hell discloses that the heating zones extend in a linear direction along a portion of the device (it can be seen in Fig. 1 that the heaters 25 are placed linearly along the production line to form plates 23 and 24).
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.
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Annotated Figure 2. Figs. 2 and 3 disclosed by Lacombe, annotated to show elements of the hairstyling device.
Claims 1, 11, 14, 15, 16, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lacombe (EP 2198736 A2) in view of Hell (US 4675509 A).
Regarding claims 1 and 11, Lacombe discloses a device (hair styling device 1 [Figs. 1-3, 0035]; see Annotated Figure 2). Lacombe further discloses that that device comprises two electric heating means (heating means 6 and 7 [Fig. 2, 0036]) whose temperature is controlled by a control unit (electronic control unit 10 [Fig. 2, 0036]). A manual selection means is provided for a user to identify their hair type (manual selection means M [Figs. 2 and 3, 0037]), and upon selection of several parameters (health of hair (h, d, or f) and hair type (A, Fz, or W&C) [Fig. 3, 0037-0038]), the control means provides a desired temperature for the user. The user can further adjust the temperature using a selector for smaller adjustments (micro-switches 25 and 26 [Fig. 3, 0044]). Once the temperature is selected, the control means brings the heating means to the desired temperature [0040].
Lacombe does not expressly disclose the circuitry involved in bringing the heating means to a desired temperature or maintaining their temperature.
Hell teaches each of the limitations of claim 1 (see above 35 U.S.C. 102(a)(1) rejection of claim 1).
Lacombe discloses a device comprising an adjustable heating means but does not disclose the circuitry involved in bringing the heating means to their desired temperature. Hell teaches a heating circuit that can adjust the temperature of a heater. It would have been obvious to one of ordinary skill in the art to have modified the device disclosed by Lacombe by implementing the heating circuit taught by Hell before the effective filing date of the claimed invention. Specifically, the heating circuit taught by Hell would be implemented into heating means 6 and 7, disclosed by Lacombe, and would interface with the control unit 10 disclosed by Lacombe. One of ordinary skill in the art would have been motivated to make this modification as Lacombe discloses the need for controllable temperature adjustment within the heating means (Fig. 4 of Lacombe shows a table of several temperatures the heating means will be brought to and small adjustments may further be made with micro-switches 25 and 26 [0041, 0044]) but does not disclose the circuitry involved in achieving a desired temperature, while Hell teaches a heating circuit that provides fine adjustment to a heater. Specifically, Hell teaches that when using the heating circuit, “any temperature distributions in time and/or in space can be obtained” and “very precise readjustment of small temperature variations from the desired temperature can be made” (Hell: [col. 1, lines 59-65]). One of ordinary skill in the art would have had a reasonable expectation of success in this modification as the heating circuit taught by Hell is configured to be implemented with a control unit (Hell: control and regulating loop 51 [col. 9, lines 9-10]) and would thus be configurable with the control unit disclosed by Lacombe. Further, the heating circuit taught by Hell is configurable with resistive heaters (Hell: heating wires R1-R12 [col. 8, lines 35-36]), and Lacombe discloses that the heating means may be configured as resistive PTC elements (Lacombe: [0036]). As described above in the 102 rejection of claim 1, Hell meets the limitations of claim 1, and so the combination of the device of Lacombe with the heater circuit of Lacombe also meets the limitations of claim 1.
Regarding claim 14, Lacombe in view of Hell (citations directed to Lacombe) teaches that the device is in the form of a hair-styling apparatus (the device disclosed is hair styling device 1 [Figs. 1-3, 0035]).
Regarding claim 15, Lacombe in view of Hell (citations directed to Lacombe) teaches the hair-styling apparatus takes the form of:
a hair-straightening apparatus (the primary function of the device is straightening hair [0004]);
a hair-curling apparatus (optional limitation); or
a hair-crimping apparatus (optional limitation).
Regarding claim 16, Lacombe discloses a hair-styling apparatus (hair styling device 1 [Figs. 1-3, 0035]). Lacombe does not expressly disclose the circuitry involved in bringing the heating means to a desired temperature or maintaining their temperature. Please see the above 35 U.S.C. 103 rejection over Lacombe in view of Hell of claim 11 for further detail regarding the configuration of the device of Lacombe.
Hell teaches:
an array of heating zones (heaters 25; each of plates 23 and 24 have a plurality of heaters 25, whose temperature is set individually [Fig. 1, col. 4, lines 20-22]; each heater 25 will, thus, heat its own zone of plate 23 or 24);
a heating circuit ([Fig. 11, col. 8 line 34 to col. 9 line 15]), comprising at least three series-connected resistance-heating elements (heating wires R1-R12 [Fig. 11, col. 8, lines 35-37]) comprising two end resistance-heating elements (R1 and R12) and one or more other resistance-heating elements (R2-R11), each resistance-heating element being connected between a pair of nodes (nodes are present in the electrical connections between R1-R12; see Annotated Figure 1), each pair of adjacent resistance-heating elements in the series being connected via one of the nodes (see Annotated Figure 1), each end resistance-heating element being connected via one of the nodes and an independent node (both R1 and R12 are each connected to one node which is not shared by another heating wire [Fig. 11], making them independent nodes per the written description of the instant application [PG Pub: 0098]), each resistance-heating element being arranged to heat at least one of the heating zones (each heater 25 has a heating mat 26 placed thereon, which contains at least one heating wire [Figs. 6-9, col. 6, lines 29-41 and 55-63]);
drive circuitry (control and regulating loop 51 [col. 4, lines 35-36, col. 9, lines 9-10]) for selectively supplying different combinations of voltages to at least two of the nodes and independent nodes at a time (switches S1-S12 are actuated via control loop 51 [col. 9, lines 9-10]; these switches selectively supply voltage to each of the nodes and independent nodes [Fig. 11]) to allow selection of respective corresponding parallel-resistance combinations of the resistance-heating elements (Fig. 11 shows examples of switching connections within the circuit for switches S1-S12; further, the “+”, “-“, and “o” symbols represent the connection via switches S1-S12 of the nodes to the positive or negative voltage of energy supply N or to neutral, respectively [col. 8, lines 47-51]), wherein each combination results in, relative to at least some of the other combinations:
a different combined power output of the heating zones (details regarding the different combined power output of the resistive heating elements taught by Hell can be found above, with regard to the 35 U.S.C. 102(a)(1) rejection of claim 4; the power of the heaters 25 (heating zones) is equivalent to the power of the heating wires R1-R12 (resistance heating elements), as the heaters 25 obtain their heat from the heating wires R1-R12 embedded within their heating mats 26); and/or
a different distribution of power output across the heating zones (details regarding the different distribution of power output across the resistive heating elements taught by Hell can be found above, with regard to the 35 U.S.C. 102(a)(1) rejection of claim 4; again, the power of the heaters 25 (heating zones) is equivalent to the power of the heating wires R1-R12 (resistance heating elements), as the heaters 25 obtain their heat from the heating wires R1-R12 embedded within their heating mats 26),
wherein the drive circuity comprises a switching element for each of the nodes (switches S1-S11 [Fig. 11, col. 8, lines 37-40]) and independent nodes (switch S12 is connected to the independent node of heating wire R12 [Fig. 11, col. 8, lines 37-40]; while the independent node of heating wire R1 is illustrated to be directly connected to energy supply N in Fig. 11, Hell discloses that, alternatively to the direct connection of R1 to N, “The first heating wire R1, could, of course, also be connected to the energy supply via an appropriate switch” [col. 8, lines 57-59]), each switching element including a first terminal connectable to a voltage (each switch S1-S12 has a terminal connected to energy supply N [Fig. 11]) and a second terminal connectable to a respective one of the nodes and independent nodes (each switch S1-S12 also has a terminal connected to a node or independent node [Fig. 11]; see Annotated Figure 1 for terminal connections), each switching element being switchable to enable selective connection of the respective nodes and independent nodes to a respective voltage (details of the selective connection of the nodes to voltage are disclosed in [col. 8, line 61 to col. 9, line 8]).
It would have been obvious to one of ordinary skill in the art to have modified the device disclosed by Lacombe by implementing the heating circuit taught by Hell before the effective filing date of the claimed invention. Please see the above 35 U.S.C. 103 rejection over Lacombe in view of Hell of claim 11 for further detail regarding this modification.
Regarding claim 17, Lacombe in view of Hell (citations directed to Lacombe) teaches the device further comprising a battery for powering the resistance-heating elements (the power supply for the hair styling device 1 could also be provided by batteries [0036]).
Regarding claim 18, Lacombe in view of Hell (citations directed to Lacombe) teaches the device further comprising a battery for powering the resistance-heating elements (the power supply for the hair styling device 1 could also be provided by batteries [0036]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISSA RAE BOSS whose telephone number is (571)270-0274. The examiner can normally be reached 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571)270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARISSA RAE BOSS/Examiner, Art Unit 3761
/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761