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 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.
Claims 9, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Patent 2384490 to Luo.
In Reference to Claim 9
Luo discloses a heater assembly comprising: a wall (Fig. 4, annotated by the examiner) having an inner surface (Fig. 4, annotated by the examiner) and an outer surface (Fig. 4, annotated by the examiner), a heating element (Fig. 4, 22) positioned adjacent to the inner surface of the wall, a plate (Fig. 4, 21) positioned adjacent to the heating element and configured to maintain the heating element in contact with the inner surface of the wall, and a power supply (Fig. 2, shows a power supply) configured to power the heating element.
In Reference to Claim 10
Luo discloses the outer surface (Fig. 4, annotated by the examiner) of the wall comprises a heated hair contacting surface of a hair care appliance or a hair appliance accessory. (Fig. 4, 26)
In Reference to Claim 12
Luo discloses the plate (Fig. 4, 21) is configured to maintain the heating element (Fig. 4,22) in contact with the inner surface (Fig. 4, annotated by the examiner) of the housing via pressure fitting the heater assembly within a housing of a hair care appliance or a hair appliance accessory.
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Allowable Subject Matter
Claims 1-8 and 14-17 are allowed.
Claims 11 and 13 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.
Conclusion
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DEMING . WAN
Examiner
Art Unit 3762
/DEMING WAN/Primary Examiner, Art Unit 3762 8/11/26
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