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 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, 4-7 and 9-10 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 1 recites an air outlet of the air supply duct is provided between two adjacent straight hair plates, where it is unclear if the two adjacent straight hair plates are the same or different from the at least two spaced straight hair plates recited in line 3 of claim 1.
Claim 9 recites the air supply duct is enclosed by an upper shell of an air duct and a lower shell of the air duct, where it is unclear if these air ducts are the same or different from the air supply duct. The ducts appear to be the same and if they are, it seems the claim would benefit from amendments which state the air supply duct is enclosed by an upper shell and a lower shell.
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)(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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (CN211794787, hereinafter Huang, and the corresponding machine translation).
Regarding Claim 1, Huang discloses a hair styling device (Refer to Figures 1-4), comprising: a straight hair unit (figures 1-4), two arms (arms of 10 and 6; Refer to Figures 1-4) are provided on the straight hair unit (Refer to Figure 1), each of the two arms is provided with at least two spaced straight hair plates (11,13, Refer to Figure 3, each arm has two spaced apart plates); an air duct unit (figures 1-4) comprising an air supply duct (4,5; Refer to Figure A, or 4,5,20 Refer to Figures A and 3) provided in one arm (arm of 6) and an air outlet duct (22 Refer to Figures A and 4) is provided on the other arm (arm of 10), an air outlet (21; Refer to Figures A and 3) of the air supply duct is located on the one arm (arm of 6) and is provided between two adjacent straight hair plates (Refer to Figure 3); the air outlet duct (22) runs through the other of the two arms (arm of 10) and faces the air outlet (21) of the air supply duct (Refer to Figures A and B).
Claims 1, 4-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harrison et al. (US 20220160096).
Regarding Claim 1, Harrison et al. disclose a hair styling device (Refer to Figures 1-37), comprising: a straight hair unit, two arms (arms of 16 and 14; Refer to Figures 1-4) are provided on the straight hair unit (Refer to Figure 1), each of the two arms is provided with at least two spaced straight hair plates (20a, 20b, 22a, 22b); an air duct unit (airflow duct defined between 38 and 30,15) comprising an air supply duct (15) provided in one arm and an air outlet duct (21a,21b,28) is provided on the other arm, an air outlet (outlet of 24 on arm 14) of the air supply duct is located on the one arm (arm 14) and is provided between two adjacent straight hair plates (Refer to Figures 4-6,10 and 30); the air outlet duct (21a,21b,28) runs through the other of the two arms (arm of 17) and faces the air outlet of the air supply duct (portion 28 of air outlet duct faces outlets of 24 of the air supply duct Refer to Figures 10 and 30).
Regarding claim 4, Harrison et al. disclose a heating system comprising a main control unit (36), a first heating element (one of heating elements in heater plates 20a,20b,22a,22b, Refer to paragraphs 0089 and 0100) provided in the straight hair unit and a second heating element (heating element of 30 referred to as 40/44 in Figures 26-29, Refer to paragraphs 0029, 0095, 0104, 0203 and 0205) provided in the air duct unit (30,15), the first and second heating elements are electrically connected to the main control unit (36).
Regarding claim 5, Harrison et al. disclose the first heating element is built-in the straight hair plates (Refer to paragraph 0089 which explains the heater plates are provided with a respective electrical heating element, meaning the heating element is built-in to the plate).
Regarding claim 6, Harrison et al. disclose the second heating element is bult-in the air supply duct (Refer to paragraphs 0095, 0203 and 0205 and Figures 26-29).
Regarding claim 7, Harrison et al. disclose the main control unit (36), a motor (motor of fan assembly 38, Refer to paragraph 0093) and the second heating element (40/44 provided in 30) are arranged in sequence along an airflow direction from an air inlet (inlet near fan assembly which draws air into the device) and the air outlet of the air supply duct (Refer to Figures 4 and 5).
Regarding claim 10, Harrison et al. disclose an outer periphery of the air outlet is provided with a frame (frame of inner side of 14 supporting 24) an inner surface of the air outlet is provided with a guide wing (structure of 24 serves as a guide wing to guide the airflow)
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. and Lei et al. (US 20220142327)
Regarding Claim 9, Huang discloses the hair styling device claimed in Claim 1. Huang discloses the air supply duct is enclosed by an upper shell of air duct (8; Figure A) and the lower shell of air duct (6; Figure A), and a groove provided between the upper shell of the air duct and the lower shell of the air duct (figure A); however, Huang does not disclose a sealing groove is provided between the upper shell of air duct and the lower shell or the duct to prevent leakage, and a sealing groove is provided to install the sealing element.
Lei et al. disclose a hair styling device (Figures 1-14) which provides airflow to style the hair. The device includes two shells (24,248 and 21; figures 6 and 7) coupled together to form an air duct, where a sealing element (247) retained in a sealing groove (246; figures 6-7; paragraph [0030]) is provided between the shells to prevent leakage of air (paragraph [0030]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the duct of Huang to have a sealing element provided in a sealing groove disposed between the upper and lower shells of the air duct as taught by Lei et al. in order to prevent airflow from flowing out of the air duct through the rear end of the air duct (paragraph [0030]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the Harrison et al. and Lei et al. (US 20220142327).
Regarding claim 9, Harrison et al. disclose the air supply duct (airflow duct defined between 38 and 30,15) is enclosed by an upper shell (shell covering upper portions of 38,36,37, and covered portion of 30) of an air duct and a lower shell of the air duct (shell of 14 covering lower portions of 38,36,37 and 30); however, Harrison et al. do not disclose a sealing element is provided in a sealing groove and between the upper and lower shells to prevent air leakage.
Lei et al. disclose a hair styling device (Figures 1-14) which provides airflow to style the hair. The device includes two shells (24,248 and 21; figures 6 and 7) coupled together to form an air duct, where a sealing element (247) retained in a sealing groove (246; figures 6-7; paragraph [0030]) is provided between the shells to prevent leakage of air (paragraph [0030]). It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the duct of Harrison et al. to have a sealing element provided in a sealing groove disposed between the upper and lower shells of the air duct as taught by Lei et al. in order to prevent airflow from flowing out of the air duct through the rear end of the air duct (paragraph [0030]).
Response to Arguments
Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive.
Argument: Huang provides a hair straightener where the air travels and exits through the upper and lower arms which is different from Applicant’s invention which provides air exiting from one arm and blowing towards an air outlet duct of the other arm where the air outlet duct runs vertically through the entire arm.
Response: The claims do not require the air outlet duct extends vertically through the entire arm (creating the open structure depicted in Applicant’s Figures. Instead, the claims require one arm have an air supply duct with an air outlet and the other arm have an air outlet duct which runs through the other arm and faces the air outlet of the one arm. The air outlet duct of Huang does run through the arm.
Applicant’s arguments with regard to Carballada are moot as Carballada is not relied upon in the rejection above. With regard to Lei, Applicant’s arguments are directed to the limitations of claim 1; however, Lei is not relied upon for these teachings as Huang provides all of the limitations of claim 1. Lei is relied upon for the teaching of the sealing element and sealing groove.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
