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.
Claim 9 is 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 9 recites “the heating devices to flip sequentially or synchronously”, where claim 9 depends from claim 6 and claim 6 requires the heating devices “sequentially flip”. The synchronous option contradicts claim 6 resulting in the claim being indefinite.
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)(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 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al. (CN 116807146A).
Regarding claim 1, Zhou et al. disclose a marcel waver (Refer to Figures 1-8), comprising two arms (1,2) that are hinged with each other and are configured to be opened or closed, wherein the two arms are provided with two heating devices (3), and the two heating devices have at least two heating surfaces (31,32) to straighten and wave hair, an adjustment device (34,33,4,5,21) is connected and drives the two heating devices to eccentrically flip; wherein the adjustment device comprises an adjustment element (5,34) and two transmission mechanisms (33,4) that form a power connection with the adjustment element, respectively; wherein each of the two transmission mechanisms comprises a first transmission member (21,4) connected to the adjustment element (5,34)and a second transmission member (33) connected between the first transmission member (4,21) and the two heating devices (3).
Regarding claim 2, Zhou et al. disclose the two heating devices (3) are driven by the two transmission mechanisms (33,4) to flip.
Regarding claim 3, Zhou et al. disclose the adjustment element (34) is a knob.
Regarding claims 4 and 5, Zhou et al. disclose the adjustment element (34) is provided at a holding end or a shaping end of the arm (Refer to Figures 1 and 4-7).
Regarding claim 6, Zhou et al. disclose the two transmission mechanisms are driven by the adjustment element (34,5) to sequentially flip the two heating devices. The adjustment element can be selectively operated to flip the heating devices sequentially.
Regarding claim 7, Zhou et al. disclose the two transmission mechanisms are driven by the adjustment element to sequentially or synchronously flip the two heating devices. The adjustment element can be selectively operated to flip the heating devices synchronously or sequentially.
Regarding claims 8 and 9, Zhou et al. disclose the adjustment element is interlocked with the two heating devices to flip sequentially or synchronously. The adjustment element can be selectively operated to flip the heating devices synchronously or sequentially.
Regarding claims 10 and 11, Zhou et al. disclose the adjustment element (34) is rotated to drive the first transmission member to rotate or slide and is interlock with the second transmission member and the two heating elements to flip (Refer to Figures 1-8).
Regarding claim 12, Zhou et al. disclose the two transmission mechanisms are driven by the adjustment element (34) to flip the two heating devices at a same or different angles (Refer to Figures 1-8).
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 1-12 are rejected under 35 U.S.C. 103(a) as being unpatentable over Kim et al. (US 20250098832) and Xiao et al. (CN 111035135A).
Regarding claim 1, Kim et al. disclose a marcel waver (Refer to Figures 1-7), comprising two arms (120,110) that are hinged with each other and are configured to be opened or closed, wherein the two arms are provided with two heating devices (110), and the two heating devices have at least two heating surfaces (surface of each 111) to straighten and wave hair, an adjustment device (114, button or lever Refer to paragraph 0060, elastic member Refer to paragraph 0061, 115 Refer to paragraph 0062) is connected and drives the two heating devices to flip, wherein the adjustment device comprises an adjustment element (button or lever Refer to paragraph 0060, actuator for elastic member or motor) and two transmission mechanisms (114, cable Refer to paragraph 0059) that form a power connection with the adjustment element, respectively; wherein each of the two transmission mechanisms comprises a first transmission member (drive shaft of 115 and/or portion/member between button/lever/actuator and 114) connected to the adjustment member (button/lever/actuator Refer to paragraphs 0060-0062) and a second transmission member (114) connected between the first transmission member and the two heating devices (110). However, Kim et al. do not disclose the two heating devices eccentrically flip. Xiao discloses a similar hair styling device where a heating element (3) is rotatably coupled to an arm via an adjustment device. Similar to Kim et al., the adjustment device of Xiao et al. includes a transmission member in the form of a drive shaft (351), where the drive shaft is disposed off center such that the heating element flips eccentrically. Thus, Xiao et al. demonstrates it is well-known and conventional in the art position the transmission mechanism to provide eccentric flipping of the heating element. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kim et al. such the adjustment device drive the heating devices to eccentrically flip as Xiao et al. demonstrate it is well-known and conventional in the art for such adjustment devices to provide the drive shaft at an eccentric location, thereby providing eccentric flipping, as an obvious alternative to flipping along the central axis.
Regarding claim 2, the combination of Kim et al. and Xiao et al. disclose the device of claim 1 above, Kim et al. further disclose the two heating devices (110) are driven by the two transmission mechanisms to flip.
Regarding claim 3, the combination of Kim et al. and Xiao et al. disclose the device of claim 2 above, Kim et al. further disclose the adjustment element (button/lever/actuator Refer to paragraphs 0060-0062) is a knob or a push button.
Regarding claims 4 and 5, the combination of Kim et al. and Xiao et al. disclose the device of claims 2 and 3 above, Kim et al. further disclose the adjustment member (button/lever/actuator Refer to paragraphs 0060-0062) is provided at a holding end (120) or a shaping end (110) of the arm. The adjustment member must be located somewhere on the device, where the holding end and shaping end form the entire device; thus, the adjustment member must be on one of these structures.
Regarding claim 6, the combination of Kim et al. and Xiao et al. disclose the device of claim 2 above, where the two transmission mechanisms are driven by the adjustment element to flip the two heating devices (Refer to Figures 1-7); however, the combination is silent regarding the flipping being performed sequentially. Kim et al. teach the heating devices are flipped between first and second positions. Kim et al. also teach both modes of operation can be provided simultaneously (Refer to paragraph 0077) which appears to mean one arm would be in the first position while the other arm is in the second position (in order to provide both modes simultaneously), whereby changing between this configuration and a configuration where both arms are in the same position (Refer to paragraph 0078 and Figure 1) would result in sequential flipping of the heating devices. Despite Kim et al. not explicitly stating the flipping both heating devices may occur sequentially, one of ordinary skill in the art understands that the heating devices must either be flipped sequentially or simultaneously/synchronously as these are the only options. Given the finite number of options, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to pursue a known option (flipping sequentially). Refer to MPEP 2141, III.
Regarding claim 7, the combination of Kim et al. and Xiao et al. disclose the device of claim 2 above, Kim et al. further disclose the two transmission mechanisms are driven by the adjustment element to synchronously flip the two heating devices (Refer to Figures 1a-1c).
Regarding claim 8, the combination of Kim et al. and Xiao et al. disclose the device of claim 5 above, Kim et al. further disclose the adjustment element (button/lever/actuator Refer to paragraphs 0060-0062) is interlocked with the two heating devices to flip synchronously (Refer to Figure 1a-1c).
Regarding claim 9, the combination of Kim et al. and Xiao et al. disclose the device of claim 6 above, Kim et al. further disclose wherein each transmission mechanism comprises a first transmission member (drive shaft of 115 and/or portion/member between button/lever/actuator and 114) connected to the adjustment member (button/lever/actuator Refer to paragraphs 0060-0062) and a second transmission member (114) connected between the first transmission member and the heating device (110), wherein the adjustment member (button/lever/actuator Refer to paragraphs 0060-0062) is interlocked with the two heating devices to flip sequentially or synchronously.
Regarding claim 10, the combination of Kim et al. and Xiao et al. disclose the device of claim 8 above, Kim et al. further disclose the adjustment element (lever) is rotated to drive the first transmission member (drive shaft of 115 and/or portion/member between button/lever/actuator and 114) to rotate and is interlock with the second transmission member (114) and the two heating devices (110) to flip (Refer o Figures 2 and 4).
Regarding claim 11, the combination of Kim et al. and Xiao et al. disclose the device of claim 8 above, Kim et al. further disclose the adjustment element (lever or button) is slid to drive the first transmission member (drive shaft of 115 and/or portion/member between button/lever/actuator and 114) to rotate and is interlock with the second transmission member (114) and the two heating devices (110) to flip (Refer o Figures 2 and 4).
Regarding claim 12, the combination of Kim et al. and Xiao et al. disclose the device of claim 2 above, Kim et al. further disclose the two transmission mechanisms are driven by the adjustment element to flip the two heating device at a same angles (Refer to Figures 1-2 and 4-7).
Response to Arguments
Applicant’s arguments with respect to the rejection of claim(s) 1-7 under Savone have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
Argument: Kim et al. doesn’t eccentrically flip the heating elements.
Response: Applicant’s argument is directed to the newly added claim language. The current rejection of record acknowledges that Kim et al. doesn’t provide eccentrically flipping the heating elements. Xiao et al. are relied upon for this teaching.
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.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799