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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/14/2023, and 10/27/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
In claim 1:
The phrase “the the fastener belt” as cited in line 12, should be changed to -- the fastener belt--;
The phrase “as as to adjust” as cited in line 13, should be changed to --configured to adjust--; and
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 7-8, 11, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Portney (US 5384916) in view of Murray et al. (US 4061898).
Regarding claim 1, Portney discloses
A hair cap (cap 1, figs.1-2), comprising:
a cap body (cap crown 3, lower margin 9, figs.1-2) comprising a bottom part (lower margin 9, figs.1-2) and a side wall (side wall of cap crown 3, figs.1-2) connected with the bottom part (lower margin 9), the bottom part (lower margin 9) and the side wall (side wall of cap crown 3) forming a wearing chamber (chamber of cap 1, fig.1) and a wearing opening (bottom opening of cap 1, fig.1) communicating the wearing chamber (chamber of cap 1), the side wall (side wall of cap crown 3) comprising a first inner chamber (sweatband 7, figs.1-2) surrounding the wearing opening (bottom opening of cap 1), two first openings (openings 11, slot 27, figs.1-2) adjacent to each other and communicating two ends of the first inner chamber (sweatband 7) and a second inner chamber (chamber of cap crown 3, figs.1-2) surrounding the wearing chamber (chamber of cap 1);
a fastener belt (strip 17, figs.1-2), a part (left end of trip 17) of the fastener belt (strip 17) located in the first inner chamber (sweatband 7) and the other part (right end of trip 17) of the fastener belt (strip 17) connected extending from the two first openings (openings 11, slot 27); and
an adjusting element (hook fastener strip 29, figs.4,6) disposed on the fastener belt (strip 17), wherein the adjusting element (hook fastener strip 29) is able to slide along the fastener belt (strip 17) and to be fixed at two positions of the fastener belt (strip 17) adjacent to the two first openings (openings 11, slot 27), to adjust a length of the part of the fastener belt (strip 17) located in the first inner chamber (sweatband 7) and fasten the cap body (cap crown 3, lower margin 9) on a user's head.
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However, Portney does not disclose a heating element located in second inner chamber and configured to heat hair.
Murray discloses a hair heating cap (heat cap 10, fig.1), comprising: a heating element (electrical heating element 43, fig.2) located in a second inner chamber (outer cover 14, inner liner 16, fig.1).
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify a hair cap of Portney, by comprising a heating element located in second inner chamber, as taught by Murray, in order to heat hair.
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Regarding claim 7, Portney discloses
two ends of the part of the fastener belt (strip 17, figs.1-2) are connected with two ends of the other parts the fastener belt (two ends portion of strip 17) such that the fastener belt (strip 17) forms a circular shape structure [strip 17 forms a circular shape, figs.1-2].
Regarding claim 8, Murray discloses
the hair heating cap (heat cap 10, fig.1) further comprises an inner cap (movable flexible flap 32, 34, figs.1, 3), and the inner cap (movable flexible flap 32, 34) is configured to be disposed in the wearing chamber (chamber of heat cap 10, fig.1) and be detachably connected with a side of the side wall (side wall of heat cap 10, fig.1) away from the bottom part (bottom of heat cap 10, fig.1).
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify Portney, by comprising an inner cap, and the inner cap is configured to be disposed in the wearing chamber and be detachably connected with a side of the side wall away from the bottom part, as taught by Murray, in order to adjust the closeness of the cap to the permanent wave by pulling the flaps forward to increase their overlap with respect to the adjacent temple regions of the cap outer surface (Murray, Col.3, lines 44-47).
Regarding claim 11, Murray discloses
the heating element (electrical heating element 43, fig.2) comprises at least one heating wire (electrical heating element 43, fig.2, is heating wires) and a heat insulation element (Col.1, lines 64-66 cited: “…heating film preferably is supported within the cap by a dielectric sheet comprising an electrically insulative material…”) connected with the at least one heating wire (electrical heating element 43), the side wall (side wall of heat cap 10, fig.1) of the cap body (heat cap 10, fig.1) comprises an external layer (outer cover 14, fig.1), an inner layer (inner liner 16, fig.1) facing the external layer (outer cover 14) and connected with the external layer (outer cover 14), and an extending portion (darted stitching 18, 20 and 22, fig.1) forms the first inner chamber (bottom portion of heat cap 10, fig.1) and connected with the external layer (outer cover 14) and the inner layer (inner liner 16), the second inner chamber (top portion of heat cap 10, fig.1) is located between the inner layer (inner liner 16) and the external layer (outer cover 14), the inner layer (inner liner 16) and the inner cap (movable flexible flap 32, 34) are made of waterproof and insulation material [Co.2, lines 61-62 cited: “…imperforate inner liner 16 made from a heat-resistant, moisture impermeable flexible sheet-like material…”], the external layer (outer cover 14) is made of heatproof and insulation material [Col.2, lines 53-55 cited: “…imperforate outer cover 14 made from a heat-resistant flexible sheet-like material having good thermal insulation properties…”].
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify Portney, by comprising at least one heating wire, an external layer, and an inner layer, as taught by Murray, in order to provide heat.
Furthermore, Murray does not disclose the at least one heating wire is at least one silicon heating wire.
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify Portney at least one heating wire of Murray, is at least one silicon heating wire, as it well known in the art of manufacturing design choice purpose, in order to provide an electrical insulation.
Regarding claim 13, Murray discloses
the cap body (body of heat cap 10, fig.1) comprises a second opening (opening to insert cord 70, fig.1) communicating the second inner chamber (outer cover 14, inner liner 16, fig.1), the hair heating cap (heat cap 10) further comprises a control device (electrical switch 76, fig.1), a first cable (cord 70, fig.1) pass through the second opening and electrically connected between the heating element (electrical heating element 43, fig.2) and the control device (switch 76), and the control device (switch 76) is configured to control the hair heating cap (heat cap 10) by controls of the heating element (electrical heating element 43).
Regarding claim 14, Murray discloses
the hair heating cap (heat cap 10, fig.1) further comprises a plug (two-prong plug 72, fig.1) configured to connected with a socket to obtain a working voltage and a second cable (another cord 70, fig.1) connected between the plug (two-prong plug 72) and the control device (electrical switch 76, fig.1).
Regarding claim 15, Murray discloses
the hair heating cap (heat cap 10, fig.1) comprises a plurality of heating modes, the number of the heating modes is greater than and equal to 3, heating temperatures of the plurality of heating modes are different from each other, different values of two adjacent heating temperatures are same, and the heating temperatures ranges from 20° C. to 65° C [electrical switch 76, fig.1, can be used to perform the function].
Regarding claim 16, Murray discloses
the number of the heating modes is 10, a different value of each of two adjacent heating temperatures are 5° C., and a highest heating temperatures is 65° C. and the lowest heating temperatures is 35° C [electrical switch 76, fig.1, can be used to perform the function].
Regarding claim 17, Murray discloses
the hair heating cap (heat cap 10, fig.1) comprises an timing function, and the control device is also configured to control the hair heating cap heat in three different times [electrical switch 76, fig.1, can be used to perform the function].
Regarding claim 18, Murray discloses
the three different times are 20 mins, 30 mins and 45 mins [electrical switch 76, fig.1, can be used to perform the function].
Regarding claim 19, Murray discloses
the hair heating cap (heat cap 10, fig.1) comprises at least one temperature sensor (thermostats 92, 94, 96, fig.3) disposed in the cap body (body of heat cap 10, fig.1) and electrically connected with the control device (electrical switch 76, fig.1), the control device (electrical switch 76) is configured to receive at least one sensing signal from the at least one temperature sensor (thermostats 92, 94, 96) and control the heating element (electrical heating element 43, fig.2) according to the at least one sensing signal, when a temperature of the cap body (body of heat cap 10) is greater than and equal to a first value, the control device (electrical switch 76) controls the heating element (electrical heating element 43) stop heating according to the at least one sensing signal; when a temperature of the cap body (body of heat cap 10) is less than and equal to a second value less than the first value, the control device (electrical switch 76) controls the heating element (electrical heating element 43) heating again according to the at least one sensing signal.
Regarding claim 20, Murray discloses
the first value is 65° C. and the second value is 35° C [electrical switch 76, fig.1, can be used to perform the function].
It would have been obvious to one of ordinary skill in the art at before the effective filling date of the invention to modify a hair cap of Portney, by comprising a second opening, a first cable, a second cable, a control device, and a sensor, as taught by Murray, in order to control the electrical heating element.
Allowable Subject Matter
Claims 2-6, 9-10, and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 2-6, Portney does not anticipate or render fairly obvious in combination to teach the limitation the adjusting element comprises a base element, an elastic element, and a driving element, the base element comprises two first through holes passing through the base element along a first direction and a first groove along a second direction, the driving element comprises two second through holes passing through the driving element, the first groove communicates the two first through holes, the other part of the fastener belt passes through the two first through holes and the two second through holes, at least a part of the driving element is disposed in the first groove, the elastic element is connected between the driving element and a bottom portion of the first groove, when the driving element is driven toward the base element along the second direction by an external force, the elastic element is compressed and the two second through holes align with two first through holes, such that the adjusting element releases the fastener belt and is able to slide to the two positions of the fastener belt adjacent to the two first openings along the fastener belt; when the external force is stopped, the elastic element drives the driving element move away from the base element along the second direction, and a part of the two second through holes stagger with a part of the two first through holes, such that the fastener belt is clamped by first side surfaces of the first through holes and second side surfaces of the second through holes as cited in the dependent claim 2.
Regarding claims 9-10, Portney does not anticipate or render fairly obvious in combination to teach the limitation the inner cap and the cap body are detachably connected to each other by a zipper, the zipper comprises a first zipper portion disposed at an external surface of the cap body and surrounding the wearing opening, a second zipper portion disposed at a round edge of the inner cap, and a zipper head disposed on one of the first zipper portion and the second zipper portion and configured to connect or disconnect with the first zipper portion and the second zipper portion as cited in claim 9.
Regarding claim 12, Portney does not anticipate or render fairly obvious in combination to teach the limitation the heat insulation element comprises a first insulation layer, a second insulation layer, and a heat insulation layer, the at least one heating wire is located between the first insulation layer and the second insulation layer, the heat insulation layer comprises fireproof sponge material and located between the second insulation layer and the external layer as cited in claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
04/05/2026
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