DETAILED ACTION
Drawings
The replacement drawings were received on 2/1/26; these drawings are accepted and overcome the previous objection(s).
Double Patenting
The most recent claim amendments to the pending claims and to the claims of co-pending Application No. 18/433507 overcome the prior double patenting rejection(s).
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(s) 1-10 is/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 pre-AIA the applicant regards as the invention.
Claim 1: line 3 recites “respectively are” and this language is confusing because it does not make sense in this context. For examination purposes, the claim will be treated as reciting “comprise”. Clarification or correction is requested.
Claim Rejections - 35 USC § 102
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 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 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.
Claim(s) 1-8 and 11 as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Li et al (CN 208463165).
Claims 1 and 11: Li discloses a hair straightener and curler (see Fig 1) comprising: two clamping plates/arms (upper arm and lower arm, Fig1) hinged together (18) so they can open and close relative to each other via the hinge (18). The two clamping plates forming a first clamping plate (7+1) and a second opposite clamping plate (see Fig 1). Two first heating elements (heaters+5, see annotations) are disposed on the first clamping arm (see annotations); and two other first heating elements (heaters+8, see annotations) are disposed on the second clamping arm (see annotations) opposite to first heating surfaces of the first heating elements on the first clamping arm (see Figs 3 & 6 & 8-9). A second heating element (heater+2, see annotations) has second heating surfaces (see Figs 8-9) and the second heating element is arranged on the first clamping plate (see annotations) and the second heating element is switchably movable between a first position (see Fig 6 & 8) and a second position (see Fig 9) and the second clamping plate (see annotations) is provided with an accommodating cavity (gap between 8) for accommodating the second heating element (see Figs 1-9). The second heating element when at the first position, the highest point of its side heating surfaces where they meet the first heating elements of the first clamping arm is flush or lower than the first heating surface at this same point and together they form a flush curve [0040] for styling hair (see Figs 6 & 8). At the second position, the same highest point of the second heating surface where they meet the first heating elements is higher than the first heating surfaces of the first clamping arm.
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Claim 2: The at least two first heating elements and the second heating element extend in a length direction of the clamping plates (see Figs 3 & 6 & annotations).
Claims 3-4: the at least two first heating elements are arranged at a same height as each other on first clamping arm and the at least two first heating elements are arranged on both sides of the second heating element (see Figs 1-8 & annotations).
Claim 5: the second heating surface includes an upwardly convex surface (see Figs 8-9).
Claims 6-7: the at least two first heating elements on the opposite arms comprise additional third heating surfaces (see annotations) forming the accommodating cavity that receives the second heating surface (see annotations) for cooperating with the second heating surface (see Figs 8-9) and the one clamping plate comprises the third heating surfaces and first heating surfaces each form an integrated
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structure (see annotations).
Claim 8: the extension/retraction direction of the second heating element is perpendicular to the longitudinal direction of the first heating surfaces (see annotations).
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 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.
Claim(s) 1-14, as best understood, is/are rejected under 35 U.S.C. 103 as being obvious over Zhang (CN 217446934) in view of Li et al (CN 208463165).
Claims 1, 9, and 11-12: Zhang discloses a hair straightener and curler (see Figs 1-4) comprising: two hinged clamping plates/arms (1 & 2) hinged together (see Fig 1) so the clamps can be opened and closed. A pair of first heating elements (22+heaters) [0015] are provided on the second clamping arm (2) and forming a pair of first heating surfaces on the second clamping arm (2), a second heating element (3+heater) [0015] forming a second heating surface [0015] and the second heating element is disposed on the first clamping arm and is switchably movable between a first lower position and second higher position (see Figs 1-2 & 4). The second clamping arm is provided with an accommodating cavity (21) for accommodating the second heating element (see Figs 1-4). The second heating element has a highest point at its edge where it meets a pair of concave first surfaces provided on both sides of the second heating element on the first clamping arm (see Figs 1 & 4) and the highest point at its edge is flush with the adjacent surfaces in a lower position and is higher in its second position (see Figs 1-4). The device includes a hinged bracket (see Fig 4) with a fixed end (see annotations) and a movable end/portion that is connected to the second heating element (3+heater) and is extensible and retractable [0017]. A driving member [0017] (43+44) is connected to the movable end of the bracket (45+41+42+46+47, see Fig 4) and the driving member is switchably movable to a third position along a direction facing away from the hinged bracket and the hinged bracket drives the second heating element to raise and lower to the first and second positions [0017-0018]. The integrated screw (44) comprises a series of grooves at intervals in the moving direction and match a protrusion on the screw sleeve (45) thereby forming a “limiting member” (see Figs 1-4).
Zhang discloses the invention essentially as claimed except for providing a heater in the two concave surfaces directly adjacent on either side of the second heating element of the first clamping arm.
Li, however, teaches a combination hair curler/straightener with two clamping arms hinged together (see annotations) and the first arm carrying a height adjustable second heating element (2+heater, see annotations) and two adjacent auxiliary shaping surfaces (5) that are concave (see Figs 8-9) and each of these concave surfaces also comprises a first heating element (see annotations). Li also teaches the second clamping arm including two convex heated styling surfaces (8+heaters, see annotations). In other words, Li teaches providing the exact type of styling iron taught by Zhang with heaters for all of the hair contacting surfaces for the common sense reason that this allows a user to style their hair more effectively when the heat is evenly distributed on the hair contacting surfaces. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the styler of Zhang by providing the first clamping arm concave surfaces each with a first heating element in view of Li in order to allow for more even heating during use.
Claim 2: modified Zhang discloses the invention of claim 1 and Zhang further discloses the at least two first heating elements and the second heating element extend lengthwise in a length direction of the clamping plates (see Figs 1-4).
Claims 3-4: modified Zhang discloses the invention of claim 2 and Zhang further discloses the at least two first heating elements are located on both sides of the second heating element when the clamping plates are in the closed position (see Figs 1-4) and the first heating surfaces of the at least two first heating elements are located at a same height on the clamping arm (2) to which they are attached (see Figs 1-4).
Claims 5 and 14: modified Zhang discloses the invention of claim 1 and Zhang further discloses the second heating surface has an upwardly convex arc shape (see Figs 1-4).
Claim 6: modified Zhang discloses the invention of claim 5 and Zhang further discloses a third heating surface (21) is arranged inside the accommodating cavity (see Fig 1) and can cooperate with the second heating surface in use (see Fig 1).
Claim 7: modified Zhang discloses the invention of claim 6 and Zhang further discloses the third heating surface and first heating surfaces are in the same clamping plate and form an “integrated structure” since they are on the same clamping plate/arm (see Figs 1-4).
Claim 8: modified Zhang discloses the invention of claim 1 and Zhang further discloses the extension retraction direction is perpendicular to a length direction of the first heating surfaces (see Figs 1-4).
Claim 10: modified Zhang discloses the invention of claim 9 and Zhang further discloses the device also includes a spring loaded limiting member including a protrusion and a groove for the protrusion (see Fig 3) and this member is elastically movable via the spring (52, Fig 3) [0023].
Claim 13: modified Zhang discloses the invention of claim 12 and discloses the invention essentially as claimed except for the second heating surface being trapezoidal. However, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the second heating surface of modified Zhang to take the form of a trapezoid rather than rounded for the obvious reason that flat surfaces of a trapezoid would allow a user to form different styles in their hair than curves.
Response to Arguments
Applicant's arguments filed 2/1/26 have been fully considered but they are not persuasive.
Applicant argues that Li fails to disclose heaters in the auxiliary shaping surfaces (5). The office respectfully disagrees as the exploded view in Figure 3 clearly illustrates heaters in exactly the way they are typically illustrated in the art, with two wires sticking out of the bottom (see Figs 3 & 6). This argument is not persuasive because Li is not required to go into detail about components that are already old and well known in the art.
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The rest of the arguments are drawn to the newly presented limitations which have been addressed above with modified rejection(s) as needed.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Thursday 9:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
