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 2, 3 and 13-15 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 2 recites “one end of the at least two first connecting rods” where it is unclear if the recited one end is the “one end” or the “other end” recited in claim 1, or if the claim is intending to refer to either of the ends. It would be clearer if the ends were referred to as first ends and second ends, and in subsequent claims the same language were used.
Claim 3 requires the one end of the at least one of the two first connecting rods is rotationally connected to the sliding groove or to the housing, where claim 3 depends from claim 1, which requires one end of each of the two first connecting rods is arranged inside the sliding groove. If these are the same ends, it is unclear how the same end is arranged in the sliding groove and connected to the housing. Again, it would be clearer if the ends were referred to as first ends and second ends.
Claim 13 recites “an end of one of the two first connecting rods is rotationally connected to the sliding groove”, where it is unclear if the end referenced is the end recited in line 11 or the end recited in line 12. It would be clearer if the ends were referred to as first ends and second ends, and same language used throughout the claims.
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, 5-6 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 217446934U) and Walsh (US 1774120).
Regarding claim 1, Zhang discloses a hair curler (Refer to Figures 1-4), comprising a housing (body/housing forming 1,2,44,46,45); a first heating element (3) being arranged on the housing in a sliding manner in a first direction (vertical direction), wherein the first heating element is provided with a cavity (unlabeled cavity of 3 into which driving assembly is inserted, best shown in Figure 4), a sliding groove (48) extending in a second direction (longitudinally) if formed inside the cavity, the first direction is perpendicular to the housing, and the second direction (longitudinal direction) is perpendicular to the first direction; a driving assembly (41,42,472) being arranged inside the cavity, wherein the driving assembly comprises two first connecting rods (41,42) hinged to each other, the first connecting rods on the same side of a hinge shaft (472) have the same length, one end of each of the two first connecting rods is arranged inside the sliding groove, and the other end thereof is connected to the housing, thereby driving the first heating element to move up and down in the first direction, where the hinge shaft is disposed at an intersection point to hinge the two first connecting rods and second heating elements (22) respectively arranged on two sides of the first heating element and each of the second heating elements is fixedly connected to the housing and the first and second heating elements are disposed on a same surface (interior surface formed by inner surfaces of each arm/jaw of the housing) of the housing.
However, Zhang does not provide the two first connecting rods in a crossed arrangement so as to form an X-shape at the intersection point. It is well known and conventional in the art to provide such linkages/rods of a moving mechanism/assembly in an X-shape where the hinge shaft is disposed at the intersection as evidenced by Walsh (published in 1930). The hair curler of Walsh provides a similar assembly where two connecting rods (34) permit vertical (up/down) movement, the connecting rods are crossed in an X-shape at an intersection such that one end of each rod is provided in a longitudinally extending groove (48 of 38). One rod has one of its ends (end of 34 fixed to 38) fixed such that it can only rotate but cannot slide along the sliding groove or housing, while the other end moves in a slot. The other rod has one end (end of other rod 34, having 46 in sliding groove 48 of 38) which slides and rotates within the sliding groove and the other end is fixed, such that it does not move in the first and second directions. 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 Zhang such that the two connecting rods extend beyond the hinge shaft so as to form an X-shape, and the ends thereof be arranged in the sliding groove, where the extended end of one of the rods (rod 41 of Zhang) be connected to the sliding groove so as to only rotate and not slide along the sliding groove, as Walsh demonstrates the claimed configuration is well-known and conventional in the art and those of ordinary skill in the art understand drive assemblies can be modified as a matter of design choice to have different configuration which achieve the same movement.
Regarding claim 2, the combination of Zhang and Walsh disclose the hair curler of claim 1 above, where one end of one of the two first connecting rods is configured to only rotate around a connection point but not slide along the sliding groove or housing along the second direction. As explained in the rejection of claim 1 above, Zhang was modified per the teachings of Walsh to provided the claimed arrangement.
Regarding claim 3, the combination of Zhang and Walsh disclose the hair curler of claim 2 above, wherein the one end of the at least one of the two first connecting rods is rotationally connected to the sliding groove or the housing.
Regarding claim 5, the combination of Zhang and Walsh disclose the hair curler of claim 1 above, Zhang further discloses the hair curler further comprises a slot (slot between 45,46 and unlabeled circular/disc shaped cap, where the annular end of the rod is accommodated in the slot), wherein the slot is connected to the driving assembly and formed on the housing (45 and 46 are part of the housing) to provide a track of movement in the second direction (Refer to Figure 4).
Regarding claim 6, the combination of Zhang and Walsh disclose the hair curler of claim 1 above, Zhang further discloses the hair curler further comprises a braking member (44,49), wherein the braking member (44,49) is connected to the driving assembly for driving the driving assembly to move.
Regarding claim 11, the combination of Zhang and Walsh disclose the hair curler of claim 1 above, wherein when the hair curler is in one state the two first connecting rods are completely accommodated in the cavity.
Regarding claim 12, the combination of Zhang and Walsh disclose the hair curler of claim 1 above, where the combination provides an end of one of the two first connecting rods rotationally connected to the sliding groove and is configured to remain stationary to the sliding groove in the first and second directions (as explained in the rejection of claim 1 above, one end of one rod is fixed to the sliding groove such that it only rotates in the sliding groove but does not move vertically (first direction) or longitudinally (second direction) within the sliding groove) and an end (end of 42 near 46) of the other of the two first connecting rods is rotationally connected to the housing and is configured to remain stationary with respect to the housing (end of rod 42 only pivots, does not move vertically or slide longitudinally, Refer to Figure 4 of Zhang).
Regarding claim 13, Zhang discloses a hair curler (Refer to Figures 1-4), comprising a housing (body/housing forming 1,2,44,46,45); a first heating element (3) being arranged on the housing in a sliding manner in a first direction (vertical direction), wherein the first heating element defines a cavity (unlabeled cavity of 3 into which driving assembly is inserted, best shown in Figure 4) and a sliding groove (48) extending in a second direction (longitudinally) if formed inside the cavity, the first direction is perpendicular to the housing, and the second direction (longitudinal direction) is perpendicular to the first direction; second heating elements (22) respectively disposed on two sides of the first heating element and each of the second heating elements is fixedly connected to the housing and the first and second heating elements are disposed on a same surface (interior surface formed by inner surfaces of each arm/jaw of the housing) of the housing; and a driving assembly (41,42,472) disposed inside the cavity, wherein the driving assembly comprises two first connecting rods (41,42) hinged to each other through a hinge shaft (472), an end of each of the two first connecting rods is disposed in the sliding groove (48) and the other end of each of the two first connecting rods is connected to the housing (connected to the housing , the first connecting rods on the same side of a hinge shaft (472) have the same length, one end (ends of 41,42 near 472) of each of the two first connecting rods is arranged inside the sliding groove, and the other end (ends of 41,42 near 45,46) thereof is connected to the housing, thereby driving the first heating element to move up and down in the first direction without tilting; however, Zhang does not disclose an end of one of the two first connecting rods is rotationally connected to the sliding groove and is configured to remain stationary with the sliding groove in the first and second directions. It is well known and conventional in the art to provide such linkages/rods of a moving mechanism/assembly in an X-shape where the two upper ends are disposed in a sliding groove, and one of these ends is fixed in the sliding groove as that it does not move vertically or longitudinally, as evidenced by Walsh (published in 1930). The hair curler of Walsh provides a similar assembly where two connecting rods (34) permit vertical (up/down) movement, the connecting rods are crossed in an X-shape at an intersection such that one end of each rod is provided in a longitudinally extending groove (48 of 38). One of these ends (end of 34 fixed to proximal portion of 38) is fixed such that it can only rotate but cannot slide along the sliding groove or move vertically, while the other end (end of other rod 34, having 46 in sliding groove 48 of 38) slides and rotates. 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 Zhang such that the two connecting rods extend beyond the hinge shaft so as to form an X-shape, and the ends thereof be arranged in the sliding groove where the extended end of one of the rods (rod 41 of Zhang) be rotationally connected to the sliding groove while remaining stationary with the sliding groove in the first and second directions, as Walsh demonstrates the claimed configuration is well-known and conventional in the art and those of ordinary skill in the art understand drive assemblies can be modified as a matter of design choice to have different configuration which achieve the same movement.
Regarding claim 14, the combination of Zhang and Walsh disclose the hair curler of claim 13 above, wherein in a state of the hair curler, the two first connecting rods are completely accommodated in the cavity.
Regarding claim 15 the combination of Zhang and Walsh disclose the hair curler of claim 13 above, Zhang further discloses an end (end of 42 near 46) of the other of the two first connecting rods is rotationally connected to the housing and is configured to remain stationary with respect to the housing in the first and second directions (end of rod 42 only pivots, does not move vertically or slide longitudinally, Refer to Figure 4 of Zhang).
Claims 1, 4-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 217446934 U) and Chen (CN 211632103 U).
Regarding claim 1, Zhang discloses a hair curler (Refer to Figures 1-4), comprising a housing (body/housing forming 1,2,44,46,45); a first heating element (3) being arranged on the housing in a sliding manner in a first direction (vertical direction), wherein the first heating element is provided with a cavity (unlabeled cavity of 3 into which driving assembly is inserted, best shown in Figure 4), a sliding groove (48) extending in a second direction (longitudinally) if formed inside the cavity, the first direction is perpendicular to the housing, and the second direction (longitudinal direction) is perpendicular to the first direction; a driving assembly (41,42,472) being arranged inside the cavity, wherein the driving assembly comprises two first connecting rods (41,42) hinged to each other, the first connecting rods on the same side of a hinge shaft (472) have the same length, one end of each of the two first connecting rods is arranged inside the sliding groove, and the other end thereof is connected to the housing, thereby driving the first heating element to move up and down in the first direction, where the hinge shaft is disposed at an intersection point to hinge the two first connecting rods and second heating elements (22) respectively arranged on two sides of the first heating element and each of the second heating elements is fixedly connected to the housing and the first and second heating elements are disposed on a same surface (interior surface formed by inner surfaces of each arm/jaw of the housing) of the housing.
However, Zhang does not provide the two first connecting rods in a crossed arrangement so as to form an X-shape at the intersection point. Chen discloses a similar hair device where a heating element is moved vertically upward and downward via a driving assembly (Refer to Figures 1-6). The driving assembly having two connecting rods (20361,20362) crossed in an X-shape, where a hinge shaft (20363) is provided at the intersection point. Upper ends of the two rods are provided in a sliding groove (203621) of the heating element (2032) and the lower ends of the two rods are provided in a slot of the housing. Actuation of element 2031 causes movement of braking element (2033) which rotates a second connecting rod (2034) causing the two connecting rods to move, resulting in vertical movement of the heating element. Thus, Chen demonstrates this arrangement is well-known and functional for moving such heating elements in a first (vertical) direction. 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 Zhang such that driving mechanism be configured as two rods which are crossed in an X shape, the hinge shaft being at the intersection point of the two rods and having a second connecting rod, brake, etc., as Chen demonstrates this configuration is well-known and conventional in the art and those of ordinary skill in the art understand drive assemblies can be modified as a matter of design choice to have different configuration which achieve the same targeted movement.
Regarding claim 4, the combination of Zhang and Chen disclose the hair curler of claim 1 above, wherein the hinge shaft is limited to movement in the first direction only (the four ends of the rods slide longitudinally, meaning the hinge shaft only moves vertically).
Regarding claim 5, the combination of Zhang and Chen disclose the hair curler of claim 1 above, wherein the hair curler comprises a slot (slot in housing where lower ends of rods are placed), wherein the slot is connected to the driving assembly and formed on the housing to provide a track of movement in the second direction.
Regarding claim 6, the combination of Zhang and Chen disclose the hair curler of claim 1 above, wherein the hair curler comprises a braking member (2033), wherein the braking member is connected to the driving assembly for driving the driving assembly to move (Refer to rejection of claim 1 above, where Zhang was modified to have the driving assembly of Chen).
Regarding claim 7, the combination of Zhang and Chen disclose the hair curler of claim 6 above, wherein the hair curler comprises a second connecting rod (2034), wherein one end of the second connecting rod is connected to the braking member (2033), and the other end thereof is connected to the driving assembly (connected to 20362 of driving assembly) (Refer to rejection of claim 1 above, where Zhang was modified to have the driving assembly of Chen).
Regarding claim 8, the combination of Zhang and Chen disclose the hair curler of claim 7 above, wherein the braking member (2033) is slidably connected to the housing, one end of the second connecting rod (2034) is rotationally connected to the braking member (2033), and the other end thereof is rotationally connected to a free end of one of the two first connecting rods (free end of 20362) (Refer to rejection of claim 1 above, where Zhang was modified to have the driving assembly of Chen).
Regarding claim 9, the combination of Zhang and Chen disclose the hair curler of claim 7 above, wherein when the first heating element (3, Refer to Zhang) is in a state of a limit position of moving up or down, the second connecting rod (2034, Refer to Chen) form a first preset included angle or a second preset included angle with the second direction, respectively (Refer to rejection of claim 1 above, where Zhang was modified to have the driving assembly of Chen. As best shown in Figures 5 and 6 of Chen, the second connecting rod 2034 forms a preset angle with the second (longitudinal) direction).
Response to Arguments
Applicant’s arguments with respect to the rejection of claim(s) 1-3 and 5-9 under Qin have been considered but are moot because the new ground of rejection does not rely on Qin in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 12/02/2025 have been fully considered but they are not persuasive.
With regard to Zhang, Applicant argues Zhang does not provide the claimed X-shape and limitations related thereto. The rejection above, acknowledges this and relies on Walsh or Chen for the teachings of the missing limitations.
With regard to Zhang, Applicant argues the second heating elements 22 are not on a same surface of the housing as the first heating element. As explained in the rejection above, both of the first and second heating elements are on the interior surface of the housing and therefor are provided on the same surface of the housing (the interior surface of the housing). The claims would need to be further amended to overcome this rejection as the instant claims do not recite first and second arms/jaws connected via a hinge at proximal ends thereof, where the first heating element and second heating elements are on the first arm/jaw.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 208463165 U provides heating means for each heating element/surface (5, 2, 8), Refer to Figure 3.
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