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 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: “biasing means” in claim 10 and 11.
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 7, 13, and 23 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.
The term “approximately” in claim 7 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim will be examined as “symmetrically”.
Claim 13, sets forth the limitations “further comprising two arms…a styling part and a handle” both have been set forth in independent claim 1 making the scope unclear.
Claim 23, “the outer surface” lacks a prior antecedent.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 19 and 20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 19 and 20 recite limitations already set forth in the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1-11, 13, 18-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ashkenazi et al. (US 2021/0059375).
Ashkenazi discloses a housing of a hair styling apparatus (100) the housing being adapted to house component parts of a hair styling apparatus, the housing comprising a first pivot (125) to which an arm (110) of a hair styling apparatus is pivotally coupled, and a second pivot (125) to which a second arm (110) of a hair styling apparatus is pivotally coupled, wherein the axis of the first pivot is spaced apart (Figure 1d) from the axis of the second pivot, each arm has a styling part (110) and a handle (102), the styling part has a heatable plate (126) and/or surface that is heatable directly by a power source (see Figures 1c and 1d). Claim 2, the axis (125) of the first pivot is parallel with the axis of the second pivot (Figure 1c). Claim 3, the first and/or second pivot enable the arms (110) to move relative to the housing, without bending any part of the hair styling apparatus (see Figure 1c). Claim 4, the housing is adapted to receive and retain a connector (124) of a power cable (120) (see Figure 1c). Claim 5, the housing comprises a stop to prevent the power cable from being inserted past the stop in the housing (Figure 2b) and wherein the stop extends inwardly into the housing from the first and/or second pivot (see Figure 1c). Claim 6, electrical wiring of the hair styling apparatus extends between the first and second pivots (see Figure 1c). Claim 7, the first and second pivot are symmetrically or approximately symmetrically arranged with respect to one another in the housing (see Figure 1d). Claim 8, a biasing means (220) for biasing the arms apart when assembled (Figure 1d). Claim 9, the biasing means extends through the housing (Figure 1d). Claim 10, an enclosure (220) for a biasing means (Figure 1d). Claim 11, the biasing means (220) is located extending between an outer surface or surfaces of the housing and an inner surface of the arms when assembled (Figure 1d). Claim 13, the hair styling apparatus further comprising two arms, wherein one arm is pivoted to the housing by the first pivot and the other arm is pivoted to the housing by the second pivot, each arm has a styling part and a handle, the styling part has a heatable plate and/or surface that is heated directly by a power source (see Figures 1-2). Claim 18, one arm comprises a clamp (116) for clamping hair wherein the clamp is hingedly connected to the arm and the clamp is biased closed against the surface of the arm (see Figure 1). Claim 19, arms each comprise a styling part and a handle (Figures 1 and 2). Claim 20, the styling part is tapered along the entirety of its length, and wherein each arms comprises a heatable plate and/or a heatable surface located at the styling part, and wherein the heatable plate and/or surface taper along their length (Figure 1e). Claim 21, the hair styling apparatus comprises a barrier (lip of 102) to prevent the user’s hand from slipping from the handle to the styling part (see Figure 1c). Claim 22, the arms are configured to provide a gap therebetween even when closed (Figure 1f), the gap being located between the handles, and wherein the inner surface of one or both arms is not uniformly planar, but is instead arranged with a curved portion that curves towards the outer surface of the arm, and wherein the curved portion therefore defines the gap between the arms even when the arms are closed (see Figure 1f). Claim 23, the part of the outer surface of one or both arms extends over the outer surface of the housing (see Figures 1 and 2) Claim 24, comprising operational controls and/or status indicators located on one or both arms (104, 106,108).
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.
Claim(s) 12 and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashkenazi et al. (US 2021/0059375) in view of Leung (US 2017/0188681).
Ashkenazi et al. disclose the claimed invention except for an opening to accommodate a lock for releasably locking the arms together; a lock to releasably lock the arms together, and wherein at least part of the lock extends through the housing; the lock comprises a first component that is fixed to one arm and a second component fixed to the other arm, wherein the first and second components interact to releasably lock the arms together, and wherein the position of the first and/or second component relative to the arm to which it is fixed is movable between a locked position where the arms are locked together and an unlocked position wherein the arms are released; comprising a lock actuator to move the first and/or second component relative to the arm to which it is fixed; the housing comprises a biasing means or biasing means enclosure, and wherein the housing can receive a power cable, and further wherein at least part of the lock is located between the biasing means or biasing means enclosure and the first and second pivots and/or the part of the housing that receives the power cable. Leung teaches an opening to accommodate a lock for releasably locking the arms together (paragraph 10); a lock to releasably lock the arms together, and wherein at least part of the lock extends through the housing (see Figure 1); the lock comprises a first component that is fixed to one arm and a second component fixed to the other arm, wherein the first and second components interact to releasably lock the arms together, and wherein the position of the first and/or second component relative to the arm to which it is fixed is movable between a locked position where the arms are locked together and an unlocked position wherein the arms are released (see Figure 1); comprising a lock actuator to move the first and/or second component relative to the arm to which it is fixed; the housing comprises a biasing means or biasing means enclosure, and wherein the housing can receive a power cable, and further wherein at least part of the lock is located between the biasing means or biasing means enclosure and the first and second pivots and/or the part of the housing that receives the power cable (see Figures 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the hair straightener of Ashkenazi et al. be made with a locking component as taught by Leung to allow the user to lock the arms into an open or closed configuration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
8/22/2025