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 .
Interview
Multiple attempts were made to communicate by telephone with Applicant prior to the issuing of this Final Office Action. A message was left on March 13, 2026 indicating the Examiner would like to discuss proposed amendments to place the application in condition for allowance. Applicant is invited to contact the Examiner if review of proposed allowable language is of interest.
Claim Objections
The claims are objected to be because they contain phrases or clauses that are awkwardly worded and are not in idiomatic English. For example, “A hair curler that is easy to be operated” and “labor-saving angle”. These examples are not an exhaustive list. Applicant should review all of the claims and make appropriate corrections.
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 1-3, 10 and 12 are rejected under 35 U.S.C. 103(a)(1) as being unpatentable over Li et al. (US 10021950) and De Sars et al. (US 20180220766).
Regarding claim 1, Li et al. disclose a hair curler (Refer to Figures 1-12) that is easy to be operated, comprising a handheld end (Refer to annotated Figure below) and a curling end (Refer to annotated Figure below), wherein the curling end comprises a seat (13) and a heating component (16) installed on the seat (13); an outer circumference of the heating component (16) is surrounded by a corner piece (21), a peripheral side of the curling end is provided with a driver (9,10,11) that drives the corner piece (21) to rotate; wherein the curling end is connected to the handheld end through a labor-saving angle, the angle is an acute angle (Refer to annotated Figure below) and an end of the handheld end is provided with an inclined storage portion (See annotated Figure below, portion of 1,2 that is inclined and contains 9,10) connected to the curling end, a motor (9) and a gearbox (10,11) of the driver are installed in the inclined storage portion (Refer to Figures 2 and 7).
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The acute angle between the curling end and the handheld end appears to fall between 25 degrees and 75 degrees but Li et al. do not explicitly state the exact angle or range of values thereof. De Sars et al. disclose a similar hair curler where the curling end and handheld end are disposed with an angle therebetween (Refer to Figure 10). De Sars et al. teach the angle is between 50 and 80 degrees (Refer to paragraph 0053). 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 hair curler of Li et al. such that the angle be within the claimed range of values as De Sars et al. demonstrate it is well-known to provide such angular values in order to facilitate comfortable winding of the hair.
Regarding claim 2, the combination of Li et al. and De Sars et al. disclose the hair curler of claim 1 above, wherein the angle between the handheld end and the curling end is a fixed angle, the handheld end is in a fixed first direction, and the curling end is in a fixed second direction.
Regarding claim 10, the combination of Li et al. and De Sars et al. disclose the hair curler of claim 1 above, Li et al. further disclose the motor (9) of the driver is provided on an outer periphery or a bottom of the corner piece (21).
Regarding claim 12, the combination of Li et al. and De Sars et al. disclose the hair curler of claim 1 above, Li et al. further disclose the motor (9) of the driver is cantilevered outside the seat (21) through a radially outward extending gearbox (10,11), a cantilever of the gearbox is horizontally arranged (see annotated Figure below), the motor (9) is vertically arranged (see annotated Figure below), and the motor (9) is installed on an upper side or a lower side of the cantilever perpendicular to the gearbox (10,11).
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Claims 4, 6, 7, 9, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 10021950) and Fuin et al. (WO 2021078633 A1).
Regarding claim 4, Li et al. disclose a hair curler (Refer to Figures 1-12) that is easy to be operated, comprising a handheld end (Refer to annotated Figure below) and a curling end (Refer to annotated Figure below), wherein the curling end comprises a seat (13) and a heating component (16) installed on the seat (13); an outer circumference of the heating component (16) is surrounded by a corner piece (21), a peripheral side of the curling end is provided with a driver (gear of 21,10,9) that drives the corner piece (21) to rotate; wherein the curling end is connected to the handheld end through a labor-saving angle, the handheld end is in a fixed first direction (Refer to annotated Figure below) and an end of the handheld end is provided with a motor storage housing (See annotated Figure below, portion of 1,2 that is inclined and contains 9,10) connected to the curling end, a motor (9) and a gearbox (10,11) of the driver are installed in the inclined storage portion (Refer to Figures 2 and 7).
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However, Li et al. does not disclose the angle is a variable angle between 25 and 75 degrees, where the curling end is in a swinging second direction. Li et al. disclose the curling end is disposed at a fixed angle with respect to the handheld end. Fuin et al. discloses a similar hair curling device having a handheld end and a curling end (Refer to Figures 1-11). Fuin et al. teach the position of the curling end can be changed such that it swings, with respect to the handheld end, changing the angle therebetween which allows the user to select between these arrangements based on their needs and preferences. Fuin et al. teaches the angle (unlabeled angle between P’-P and A’-A, this unlabeled angle and alpha being supplementary angles, Refer to Figure 6) is between 10 and 80 degrees, or between 10 and 50 degrees, or about 30 degrees (Refer to paragraph above claims on page 12 of translation). 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 curler of Li et al. such that the angle be a variable angle within the claimed range of 25 and 75 degrees and the curling end be in a swinging second direction as taught by Fuin et al. in order to provide different use configurations for the user to select between based on their needs and preferences at the moment.
Regarding claim 7, the combination of Li et al. and Fuin et al. disclose the hair curler of claim 4 above, wherein a hinge mechanism is provided between the handheld end and the curling end. Per the modification in claim 1 above, the curler was modified to such that the curling end be in a swinging second direction permitting changing the angle which is achieved via a hinge mechanism per Fuin et al.
Regarding claim 9, the combination of Li et al. ad Fuin et al. disclose the hair curler of claim 4 above, wherein a motor storage housing (portion of 40,2,1,37 disposed around motor and gearbox) is provided on an outer side of a protective cover (40,1,2,37 at curling end) of the curling end, a motor (9) and a gearbox (10,11) of the driver are provided in the motor storage housing (Refer to Figures 2, 3 and 7 of Li et al.).
Regarding claim 11, the combination of Li et al. ad Fuin et al. disclose the hair curler of claim 4 above, wherein the motor (9) of the driver is provided on an outer periphery or a bottom of the corner piece (21).
Regarding claim 13, the combination of Li et al. ad Fuin et al. disclose the hair curler of claim 4 above, wherein the motor (9) of the driver is cantilevered outside the seat (21) through a radially outward extending gearbox (10,11), a cantilever of the gearbox is horizontally arranged (see annotated Figure below), the motor (9) is vertically arranged (see annotated Figure below), and the motor (9) is installed on an upper side or a lower side of the cantilever perpendicular to the gearbox (10,11).
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Li et al. and Fuin et al. as applied to claim 4 above, and further in view of Choi (US 20040237990).
Regarding claim 8, the combination of Li et al. and Fuin et al. disclose the hair curler of claim 4 above; however, the combination does not provide a hinge mechanism having a multi-stage gear mechanism is provided for adjusting an angle rotation range. The combination of Li et al. and Fuin et al. provide a mechanism for adjusting the angle between the hair curler and the handheld end but the mechanism does not have a multi-stage gear mechanism. Choi discloses a hair styling device where the styling end and handheld end are joined via a hinge mechanism which permits the angle between the styling end and the handheld end to be changed (Refer to Figures 1-7). Choi provides different hinge mechanisms, where one of the hinge mechanisms includes a multi-stage gear mechanism (Refer to Figure 6 and paragraphs 0037-0043). 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 hair curler of the combination of Li et al. and Fuin et al. such that the variable angle and swinging second direction be achieved via a hinge mechanism having a multi-stage gear mechanism as Choi demonstrates such a hinge mechanism is well-known and conventional in the art and provides the advantage of allowing a user to select various angular positions as desired, making the device more customizable to the individual user and/or circumstances at the moment.
Response to Arguments
Applicant's arguments filed 12/2/2025 have been fully considered but they are not persuasive.
Argument: The motor 9 of Li is arranged in the first housing and the second housing, not in an inclined storage portion as currently claimed.
Response: The portion of the housing containing the motor is inclined as defined an inclined storage portion at an end of the handheld end as required by the claim.
Argument: Li does not disclose the angle between the curling end and the handheld end is between 25 and 75 degrees.
Response: The drawings appear to depict an angle within the claimed range. However, since Li et al. do not explicitly say the angle falls within or includes the claimed range a teaching reference (De Sars et al.) was provided to demonstrate these values are conventional.
Argument: The angle provided by the device of De Sars et al. is provided for the purpose of allowing the free end 10b to be positioned further away from the end 3a of the operating handle 3 than its fixed end 10a, which will facilitate the positioning of the lock for winding, while Applicant provides the angle to achieve a labor-saving effect during curling:
Response: Making it easier to position a lock of hair for winding is labor-saving. The prior art need not use the exact language provided in Applicant’s disclosure to provide the same feature. Additionally, the argument is solely based on subjective and qualitative assessment of the invention, not on a structural difference. The prior art can provide a different reason/benefit and still be anticipatory.
Argument: Fuin discloses the angle alpha is between 130 and 170 degrees or between 100 and 170 degrees, or 150 degrees. The claim requires the angle be between 25 and 75 degrees.
Response: As explained in the rejection of record, the angle of Fuin being relied upon and reference is the unlabeled angle between P’P and A’A, where this angle + alpha = 180 degrees (Refer to Figures 6 and 7). Thus, the angle is between 10 and 80 degrees (when alpha is between 100 and 170 degrees), or between 10 and 50 degrees (when alpha is between 130 and 170 degrees), or about 30 degrees (when alpha is 150 degrees). The aforementioned unlabeled angle exists between the handheld end and the curling end.
Argument: Fuin provides a motor for driving accessory 2 in rotation inside the accessory 2 and as a result, does not provide a motor and gearbox driver installed in the inclined storage portion”.
Response: Claim 4 does not recite an inclined storage portion, instead, it recites an motor storage housing. Fuin does not need to teach the motor and gearbox being in the motor storage housing as this is provided for by Li et al. Fuin in relied upon for the teachings of the angle being a variable angle between 25 and 75 degrees and the curling end being in a swinging second direction.
Argument: Choi provides heads 120 coplanar with the grip 110. On the contrary there is an acute angle between the handheld end and the curling end.
Response: Li et al. and Fiun establish the overall angular relationship between the handheld end and the curling end and provides a hinge mechanism for achieving the variable angle. But the combination does not state the hinge has a multi-stage gear mechanism. Choi is relied upon to demonstrate it is known and conventional for such hinge mechanisms to have a multi-stage gear mechanism. The direction/orientation of the handheld end and curling end of the combination of Li et al. and Fuin is not being changed; instead, the hinge is simply being modified to provide a multi-stage gear mechanism as is conventional.
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