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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the air supply duct is an independent duct and can be detachably assembled on one arm of Claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 9 is objected to because of the following informalities: “air duct” in lines 2-3 should read “the air duct”. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “an inner of the air outlet” in line 2 should read “an inner surface of the air outlet”. 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 1-10 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 the limitation "an opposite surface" in line 3 which renders the claim indefinite as it is unclear what the surface is opposite from.
Claim 1 recites the limitation "in one arm" and “a corresponding arm” in lines 4-5 which renders the claim indefinite as it is unclear if the one arm and the corresponding arm are the same arm or two different structures.
Claim 2 recites the limitation "at least two spaced straight plates" in lines 3 which renders the claim indefinite as it is unclear if this is in addition to the straight hair plates recited in claim 1, line 5 or an additional straight hair plate being recited.
Claim 2 recites the limitation “the corresponding arm” in line 3 which renders the claim indefinite as it is unclear if the one arm and the corresponding arm claimed in claim 1 are the same arm or two different structures.
Claim 3 recites the limitation "on one arm", “the other arm”, and “a corresponding arm”, in lines 2-3 which renders the claim indefinite as it is unclear if the one arm, the other arm, and the corresponding arm are the same arm or three different structures or a combination of one structure and another.
Claim 3 recites the limitation "the other arm" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "on one arm" in line 2 which renders the claim indefinite as it is unclear if the one arm is in relation to the one arm or corresponding arm as claimed in claim 1.
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.
Claims 1-3 and 10 are 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 (figures 1-4), comprising: a straight hair unit (figures 1-4), two arms (10 and 6; figures 1-4) are provided on the straight hair unit (figure 1), straight hair plates (11 and 13; figures 1-4) are provided on an opposite surface of the two arms (figure a); an air duct unit (figures 1-4) comprising an air supply duct (4,5; figure A; page 2) provided in one arm (Figure A), an air outlet (23; figure 3) of the air supply duct (figure 3) is located on a corresponding arm (Figure 3) and on one side of the straight hair plate (figures 1-4).
Regarding Claim 2, Huang discloses the hair styling device claimed in Claim 1. Huang discloses each arm is provided with at least two straight plates (figure 3 depicts two plates divided by the air outlet), the air outlet is provided between the two adjacent straight hair plates of the corresponding arm (Figures 1-4).
Regarding Claim 3, Huang discloses the hair styling device claimed in Claim 1. Huang discloses the air supply duct is provided on one arm (figure 3), an air outlet duct (21; figures 1-3) is provided on the other arm (figures 2-4); the air outlet duct runs through the corresponding arm and faces the air outlet of the air supply duct (figures 1-3; page 2).
Regarding Claim 10, Huang discloses the hair styling device claimed in Claim 1. Huang discloses an outer periphery of the air outlet is provided with a frame (17; figures A and 3-4), an inner of the air outlet with a guide wing (18; figure a).
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (CN211794787, hereinafter Huang, and the corresponding machine translation) in view of Carballada et al. (US 20040000319, hereinafter Carballada).
Regarding Claim 4, Huang discloses the hair styling device claimed in Claim 1. Huang discloses a heating system, wherein the heating system comprises a first heating element (12; figure A) provided in the straight hair unit (figure A), and a second heating element (14; figure A) provided in the air duct unit (figure A); the first heating element and the second heating element are electrically connected to the main control unit (via heating wire; page 2).
Huang does not disclose a main control unit.
Carballada discloses a hairstyling device having a control unit (switch 77; paragraph [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the heating system of Huang to have a control unit as taught by Carballada in order to ensure the device does not overheat.
Regarding Claim 5, Huang as modified by Carballada discloses the hair styling device claimed in Claim 4. Huang discloses the first heating element is built into the straight hair plates ( figure A).
Regarding Claim 6, Huang as modified by Carballada discloses the hair styling device claimed in Claim 4. Huang discloses the second heating element is built-in the air supply duct (Figure A).
Regarding Claim 7, Huang as modified by Carballada discloses the hair styling device claimed in Claim 4. Huang discloses a motor (1; figure A), and the second heating element are arranged in sequence along an air flow direction from an air into to the air outlet of the air supply duct (Figure A; pages 2-3).
Huang does not disclose a main control unit.
Carballada discloses a hairstyling device having a control unit (switch 77; paragraph [0077]; figure 8a), electrical power (71; figure 8a; paragraph [0077]), and the second heating element (23; figure 8a; paragraph [0077]) are arranged in sequence along a direction (figure 8a).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the heating system of Huang to have the control unit, a motor, and the second heating element are arranged in sequence as taught by Carballada in order to ensure the device does not overheat.
Regarding Claim 8, Huang discloses the hair styling device claimed in Claim 1. Huang discloses the air supply duct is an independent duct (Figures a-4), but does not disclose the air supply duct can be detachably assembled on one arm.
Carballada discloses a hair styling device the supply duct is an independent duct (6; figure 4a; paragraph [0070]) and can be detachably assembled on one arm (figure 4a depicts 6 on either arm but it is selectively detachable; paragraph [0070]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the duct of Carballada to be detachably assembled on one arm as taught by Carballada in order to allow for the duct to be removable for ease of use.
Huang et al. (CN211794787, hereinafter Huang, and the corresponding machine translation) in view of Carballada et al. (US 20040000319, hereinafter Carballada), further in view of Lei et al. (US 20220142327, hereinafter Lei)
Regarding Claim 9, Huang as modified by Carballada discloses the hair styling device claimed in Claim 8. 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).
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 discloses a hair styling device (Figures 1-6) with a sealing groove (between 241 and 21; figure 6; paragraph [0030]) is provided between the upper shell of air duct (248; figure 6) and the lower shell (21; figure 6; paragraph [0030]) the duct to prevent leakage (paragraph [0030]), and a sealing groove (247; figure 6) is provided to install the sealing element (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 Carballada to have 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 is provided to install the sealing element as taught by Lei in order to prevent airflow from flowing out of the air duct through the rear end of the air duct (paragraph [0030]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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/SYDNEY J PULVIDENTE/ Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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