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 9-17 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 17 recites the limitation "the motor” in line 3, “the second heating element” in line 5. There is insufficient antecedent basis for these limitations in the claim.
Regarding claims 9-17, it is unclear the claimed (1) straightening hair mode; (3) blowing hot air mode; (4) strengthening hair and blowing hot air mode claimed in claims 9-17 are same as the straightening hair mode, blowing mode , straightening hair and blowing mode claimed in claim 1 or not.
Claims 9-17 are method claims. Method claims shall be defined by active, positive steps. However, claims 9-17 failed to include any active, positive method steps.
Claim Rejections - 35 USC § 103
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 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 1-4, 6, 8, 9-12, 14, 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (WO 2023/118836 A2) in view of Leung (US 2008/0041409 A1).
Regarding claim 1, Harrison et al. discloses a hair straightener air duct, comprising: a hair straightening unit, the hair straightening unit comprises two arms 14, 16 that are hinged with each other at one end of the hair straightening unit (Figs. 1a, 1b), each styling surface of the two arms 14, 16 is provided with two opposite straightening plates 20a, 20b, 22a, 22b; an air duct unit, the air duct unit comprises an air supply duct 15 provided on one arm 14 and an airflow channel 21a, 21b provided on the other arm 16 (Fig. 4), the airflow channel 21a, 21b is opposite to an outlet 24 of the air supply duct 15 (Figs. 3-4) and guides an airflow to flow out (Fig. 4, see air flow arrows 21a, 21b), an outlet 24 (Figs. 3-4) of the air supply duct 15 is located on one side of the two straightening plates 20a, 20b (Fig. 4), a control unit 23 provided on any one arm (Fig. 1a). However, Harrison et al. does not disclose the control unit controls the hair straightening unit and the air duct unit to work alone or together, thereby entering a straightening hair mode, blowing mode, or straightening hair and blowing mode. Leung discloses a hair straightener air duct comprising a hair straightening unit having two arms hinged with each other at one end of the hair straightening unit (Fig. 1F), each styling surface of the two arms is provided with two opposite straightening plates 14, 15 (Fig. 1F); an air duct unit (Fig. 1H), a control nit 25-28 provided on one arm (Fig. 1C), the control unit controls the hair straightening unit and the air duct unit to work alone or together, thereby entering a straighten hair mode (by depressing button 25, 26), blowing mode (by depressing button 28), or straightening hair and blowing mode (by depressing buttons 25, 26, 28). Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to modify the hair straightener air duct of Harrison et al. to configure the control unit of Harrison et al. to include control buttons to control the hair straightening unit and the air duct unit to work alone or together, thereby entering a straightening hair mode, blowing mode, or straightening hair and blowing mode as taught by Leung in order to provide a versatile, multi-function, single hair appliance that achieves the benefits of a plurality of appliance of the type such as straighten or style, drying or hot air brush hair.
Regarding claim 2, Harrison et al. discloses wherein the air supply duct 15 comprises an air inlet 60 and an air outlet 28, the air supply duct 15 is provided with a motor 38 (Fig. 2) and a first heating element 30, the airflow is blown out from the air inlet 60 through the motor 38, heating element 30 and the air outlet 28 (Figs. 2-4).
Regarding claim 3, Harrison discloses wherein the air inlet 60 is located at a handle of the hair straightener air duct (Fig. 2), the air outlet 28 is located in a middle of the styling surface of the arm with the air supply duct 15 (Fig. 4), and located between the two straightening plates 14, 15 (Fig. 4).
Regarding claim 4, Harrison discloses wherein a dual functional channel 19, 21 with low-pressure airflow and drainage (D3, D4) is provided on the styling surface of the arm 14 with the air supply duct 15 (Fig. 4).
Regarding claim 6, Harrison discloses a second heating element 20b, 22b is provided on the straightening plate 16.
Regarding claim 8, Leung discloses a display unit 20 provided on any one arm 11 (Fig. 1A, 1C). Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to further modify the hair straightener air duct of Harrison to include a display unit on any one arm a taught by Leung in order to provide operating information to the user for facilitating the controlling.
Regarding claims 9-12, 14, 16-17, Leung discloses wherein styling modes comprise: (1) straightening hair mode (by depressing buttons 25, 26, only the heating element of the straightening plate works, the motor and heating element 19 do not work); (3) blowing hot air mode (by depressing button 28 only, only the motor and the heating element 19 work together, the heating element 14, 15 does not work); (4) strengthening hair and blowing hot air mode (by depressing buttons 25, 26, 28 altogether, the heating pates 14, 15, fan and heater assembly 19 works together). However, Harrison as modified by Leung does not discloses (2) blowing cold air mode, on the motor works; (5) straightening hair and blowing cool air mode, only the motor and the heating element work. Harrison discloses control the temperature of the heater by means of an electrical switching techanique (page 16, lines 7-9), therefore, it would have been obvious to one having ordinary skill the art to control the hair straightener air duct of Harrison to perform a (2) blowing cold air mode by turning on blower only; (5) straightening hair and blowing cool air mode by turning on the heating plate on the arm and the blower only.
Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (WO 2023/118836 A2) in view of Leung (US 2008/0041409 A1) as applied to claim 1 as above, and further in view of Weng et al. (CN 2655818 Y).
The hair straightener air duct of Harrison et al. as modified by Leung as above includes all that is recited in claim 7 except for further comprising a locking unit configured to restrict an opening of the two arms, the locking unit comprises a hook groove on one arm and a push button on the other arm, a locking hook is provided on the push button; after the push button is pushed in place, the locking hook is locked with the hook groove. Weng et al. discloses a locking unit configured to restrict an opening of the two arms 3, 6 (Fig. 1), the locking unit comprises a hook groove 9 on one arm 6 and a push button 2 on the other arm 3, a locking hook 12 is provided on the push button; after the push button is pushed in place, the locking hook 12 is locked with the hook groove 9. Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to modify the hair straightener air duct of Harrison et al. to include a locking unit configured to restrict an opening of the two arms, the locking unit comprises a hook groove on one arm and a push button on the other arm, a locking hook is provided on the push button; after the push button is pushed in place, the locking hook is locked with the hook groove as taught by Weng et al. in order to improve the safety. Regarding claim 15, Leung discloses wherein styling modes comprise: (1) straightening hair mode (by depressing buttons 25, 26, only the heating element of the straightening plate works, the motor and heating element 19 do not work); (3) blowing hot air mode (by depressing button 28 only, only the motor and the heating element 19 work together, the heating element 14, 15 does not work); (4) strengthening hair and blowing hot air mode (by depressing buttons 25, 26, 28 altogether, the heating pates 14, 15, fan and heater assembly 19 works together). However, Harrison as modified by Leung does not discloses (2) blowing cold air mode, on the motor works; (5) straightening hair and blowing cool air mode, only the motor and the heating element work. Harrison discloses control the temperature of the heater by means of an electrical switching techanique (page 16, lines 7-9), therefore, it would have been obvious to one having ordinary skill the art to control the hair straightener air duct of Harrison to perform a (2) blowing cold air mode by turning on blower only; (5) straightening hair and blowing cool air mode by turning on the heating plate on the arm and the blower only.
Allowable Subject Matter
Claim 5 is 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA J YUEN whose telephone number is (571)272-4878. The examiner can normally be reached Monday-Friday 9am-5pm.
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/Jessica Yuen/
Primary Examiner
Art Unit 3762
JY
Prosecution Insights