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 .
Election/Restrictions
Applicant’s election without traverse of Species B directed toward the invention depicted in Figure 4 and described in claims 1-18 in the reply filed on 04/10/2026 is acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because in Figure 3, reference numeral 10 and 20 appear to have been swapped, i.e. the leader line for reference numeral 10/inner duct, is actually pointing toward the outer sleeve and the leader line for reference numeral 20/outer sleeve, is pointing toward the inner duct. 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. 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 Objections
Claim 1 is objected to because of the following informalities:
In line 2, “the bottom” should be amended as follows: “[[the]] a bottom”.
In line 2, “the interior” should be amended as follows: “[[the]] an interior”.
In line 3, “the side wall” should be amended as follows: “[[the]] a side wall”.
In line 5, “the outer side” should be amended as follows: “[[the]] an outer side”.
In line 5, “the side wall” should be amended as follows: “[[the]] a side wall”.
In line 8, “the air outlet direction” should be amended as follows: “[[the]] an air outlet direction”.
Claim 2 is objected to because of the following informalities: in line 2, “the axial direction” should be amended as follows: “[[the]] an axial direction”.
Claim 4 is objected to because of the following informalities: in line 2, “the top” should be amended as follows: “[[the]] a top”.
Claim 7 is objected to because of the following informalities:
In line 2, “the axial extension direction” should be amended as follows: “[[the]] an axial extension direction”.
In line 2, “the inner side wall” should be amended as follows: “[[the]] an inner side wall”.
Claim 8 is objected to because of the following informalities:
In line 1, “the circumferential direction” should be amended as follows: “[[the]] a circumferential direction”.
In line 2, “the circumferential direction” should be amended as follows: “[[the]] a circumferential direction”.
Claim 11 is objected to because of the following informalities: in line 2, “the axial direction” should be amended as follows: “[[the]] an axial direction”.
Claim 13 is objected to because of the following informalities: in line 2, “the top” should be amended as follows: “[[the]] a top”.
Claim 16 is objected to because of the following informalities:
In lines 1-2, “the axial extension direction” should be amended as follows: “[[the]] an axial extension direction”.
In line 2, “the inner side wall” should be amended as follows: “[[the]] an inner side wall”.
Appropriate correction is required.
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 7-8, and 17 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.
Claim 7 recites the limitation "the air outlet grille" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is therefore suggested to amend the aforementioned portion of line 3 as follows: “[[the]] an air outlet grille”.
Regarding claims 8 and 17, lines 3-4 recite “the inner side of the first drum position is fitted with the outer side of the second drum position”, which is unclear since a drum position does not describe any particular structure of the invention; rather, the drum position is defining a position of the outer sleeve and the inner duct. Thus, it is unclear if the claim is requiring that the inner duct is fitted/nested within the outer sleeve or if some other positional relationship is being claimed. For purposes of substantive examination, claims 8 and 17 are interpreted as requiring that the inner duct occupies a first drum position, the outer sleeve occupies a second drum position and the inner duct is nested within the outer sleeve.
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 (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 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.
Claims 1-6, 8-15, and 17-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tibbetts et al. (US2023/0380565).
Regarding claim 1, Tibbets discloses an air duct (100, 200, Figures 1-11) for curling hair (“hair is wrapped around to create curls”, refer to Paragraph [0002]), comprising:
an inner duct (140), provided with an air inlet (111; additionally refer to Paragraph [0049]) at a bottom of the inner duct (refer to Figure 6), wherein the interior of the inner duct is hollow (best shown in Figure 6), and a side wall (vertical wall of 140, best shown in Figure 6) of the inner duct is provided with an air outlet part (141, best shown in Figure 4); and
an outer sleeve (150 + 160), sleeved on an outer side of the inner duct (best shown in Figures 6 and 7), wherein a side wall (vertical wall with respect to Figure 6) of the outer sleeve is provided with an air guide part (160), and the air guide part and the air outlet part are oppositely provided (best shown in Figure 7, wherein the air guide part is disposed on an outer surface of the air duct and the air outlet part is disposed on an inner surface of the duct at a location corresponding to the air guide part, thereby providing the two to be oppositely provided) and communicate with each other (see Figure 7; additionally refer to Paragraph [0054]);
wherein the air outlet direction of the air guide part is deflected in a clockwise direction and/or counterclockwise direction towards the outer sleeve (refer to Figure 7a wherein the air outlet direction is clockwise and refer to Figure 7b wherein the air outlet direction is counterclockwise).
Regarding claim 2, Tibbetts discloses the air duct for curling hair according to claim 1, wherein the air guide part comprises a first air outlet slit (113a, refer to Figure 7) extending along an axial direction (vertical direction with respect to Figure 5) of the outer sleeve, and the air outlet direction of the first air outlet slit is deflected in a clockwise direction or counterclockwise direction relative to the outer sleeve (refer to Figure 7a, wherein the flow out of 113a is clockwise).
Regarding claim 3, Tibbetts discloses the air duct for curling hair according to claim 2, wherein the air guide part further comprises a second air outlet slit (113b, refer to Figure 7) extending along the axial direction of the outer sleeve (refer at least to Figures 5 and 7), the first air outlet slit and the second air outlet slit are provided adjacently (best shown in the detail views of Figures 7a and 7b) along the circumferential direction of the outer sleeve (refer to Figures 7a-7b), the air outlet direction of the first air outlet slit is deflected in a clockwise direction towards the outer sleeve (refer to Figure 7a), and the air outlet direction of the second air outlet slit is deflected in a counterclockwise direction towards the outer sleeve (refer to Figure 7b).
Regarding claim 4, Tibbetts discloses the air duct for curling hair according to claim 3, wherein the air duct for curling hair further comprises a rotating member (120), and the rotating member is fixedly provided on the top of the inner duct (“attached to the inner sleeve…by means of a screw 170”, refer to Paragraph [0055]; additionally refer to Figure 5); wherein the rotating member is capable of being rotated to drive the inner duct to rotate relative to the outer sleeve, so that the air outlet part communicates with the first air outlet slit or the second air outlet slit (“a user may grip and twist or rotate the dial 120 so as to move the inner sleeve between the two positions. As a result, a user is able to change the direction in which the airflow is discharged from the barrel 110. More particularly, a user is able to select whether the airflow is discharged in a clockwise or counterclockwise direction.”, refer to Paragraph [0055]).
Regarding claim 5, Tibbetts discloses the air duct for curling hair according to claim 3, wherein the first air outlet slit and the second air outlet slit are both provided with multiple partition bars (152, 153, best shown in the detail view of Figure 4), and the multiple partition bars are provided at intervals along the axial direction of the outer sleeve (refer to Figure 4).
Regarding claim 6, Tibbetts discloses the air duct for curling hair according to claim 1, wherein the air outlet part (141) is an air outlet grille (“grille” is interpreted in light of applicant’s disclosure, where a grille is a plurality of members disposed transverse to the axial direction of the air outlet part; refer to the rotated and annotated Figure 6, below wherein each air outlet part comprises a plurality of solid portions therein disposed transverse to the axial direction of the air outlet, thereby defining a grille; additionally refer to Figure 4, wherein each air outlet part is depicted as having two solid portions) provided along the axial direction of the inner duct.
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Regarding claim 8, Tibbetts discloses the air duct for curling hair according to claim 1, wherein the inner duct occupies a first drum position (see Figure 7), the outer sleeve occupies a second drum position (see Figure 7) and the inner duct is nested within the outer sleeve (see Figure 7).
Regarding claim 9, Tibbetts discloses the air duct for curling hair according to claim 1, wherein the cross section of the outer sleeve is circular (refer to Figures 7a-7b) or polygonal.
Regarding claim 10, Tibbets discloses a hair curler (10), comprising a host (20) for providing airflow and an air duct (100, 200) for curling hair according to claim 1, and the air duct for curling hair being installed on the host (“Each of the attachments is removably attached to a handle unit”, refer to Paragraph [0076]).
Regarding claim 11, Tibbets discloses the hair curler according to claim 10, wherein the air guide part comprises a first air outlet slit (113a, refer to Figure 7) extending along an axial direction (vertical direction with respect to Figure 5) of the outer sleeve, and the air outlet direction of the first air outlet slit is deflected in a clockwise direction or counterclockwise direction relative to the outer sleeve (refer to Figure 7a, wherein the flow out of 113a is clockwise).
Regarding claim 12, Tibbets discloses the hair curler according to claim 11, wherein the air guide part further comprises a second air outlet slit (113b, refer to Figure 7) extending along the axial direction of the outer sleeve (refer at least to Figures 5 and 7), the first air outlet slit and the second air outlet slit are provided adjacently (best shown in the detail views of Figures 7a and 7b) along the circumferential direction of the outer sleeve (refer to Figures 7a-7b), the air outlet direction of the first air outlet slit is deflected in a clockwise direction towards the outer sleeve (refer to Figure 7a), and the air outlet direction of the second air outlet slit is deflected in a counterclockwise direction towards the outer sleeve (refer to Figure 7b).
Regarding claim 13, Tibbetts discloses the hair curler according to claim 12, wherein the air duct for curling hair further comprises a rotating member (120), and the rotating member is fixedly provided on a top of the inner duct (“attached to the inner sleeve…by means of a screw 170”, refer to Paragraph [0055]; additionally refer to Figure 5); wherein the rotating member is capable of being rotated to drive the inner duct to rotate relative to the outer sleeve, so that the air outlet part communicates with the first air outlet slit or the second air outlet slit (“a user may grip and twist or rotate the dial 120 so as to move the inner sleeve between the two positions. As a result, a user is able to change the direction in which the airflow is discharged from the barrel 110. More particularly, a user is able to select whether the airflow is discharged in a clockwise or counterclockwise direction.”, refer to Paragraph [0055]).
Regarding claim 14, Tibbetts discloses the hair curler according to claim 12, wherein the first air outlet slit and the second air outlet slit are both provided with multiple partition bars (152, 153, best shown in the detail view of Figure 4), and the multiple partition bars are provided at intervals along the axial direction of the outer sleeve (refer to Figure 4).
Regarding claim 15, Tibbetts discloses the air duct for curling hair according to claim 10, wherein the air outlet part (141) is an air outlet grille (“grille” is interpreted in light of applicant’s disclosure, where a grille is a plurality of members disposed transverse to the axial direction of the air outlet part; refer to the rotated and annotated Figure 6, below wherein each air outlet part comprises a plurality of solid portions therein disposed transverse to the axial direction of the air outlet, thereby defining a grille; additionally refer to Figure 4, wherein each air outlet part is depicted as having two solid portions) provided along the axial direction of the inner duct.
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Regarding claim 17, Tibbets discloses the hair curler according to claim 10, wherein the inner duct occupies a first drum position (see Figure 7), the outer sleeve occupies a second drum position (see Figure 7) and the inner duct is nested within the outer sleeve (see Figure 7).
Regarding claim 18, Tibbets discloses the hair curler according to claim 10, wherein the cross section of the outer sleeve is circular (refer to Figures 7a-7b) or polygonal.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tibbetts in view of Li et al. (US2024/0337270).
Regarding claims 7 and 16, Tibbetts discloses the air duct for curling hair according to claims 5 and the hair curler according to claim 15, as applied above. Tibbetts does not disclose wherein an air guide bar is formed along an axial extension direction of an inner side wall of the inner duct, the air guide bar is adjacent to the air outlet grille, and the air guide bar is used for guiding the airflow to the air outlet grille.
Li discloses a similar air duct (3, Figure 5) comprising a plurality of air outlets (30) arranged axially thereabout (best shown in Figure 5); on an interior of the air duct, an air guide bar (32) along an axial extension direction (see Figure 5, wherein the axial extension direction is that direction along the interior wall of the duct, along an axial direction thereof), adjacent to the air outlet is positioned such that “the air flow from each air outlet area is more even” (refer to Paragraph [0044]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tibbetts’ air duct and curling iron such that an air guide bar is formed along an axial extension direction of the inner side wall of the inner duct, the air guide bar is adjacent to the air outlet grille, and the air guide bar is used for guiding the airflow to the air outlet grille, as taught by Li, since such a modification provides the advantage of providing a more even airflow.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: refer to the attached PTO-892.
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/SARAH WOODHOUSE/Examiner, Art Unit 3772
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