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 .
Information Disclosure Statement
The information disclosure statement filed 02/15/2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because a copy of the NPL reference for co-pending, corresponding patent application number 29916828 is not included. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0047], "such as 10 second, 20 seconds, or 30 seconds", should be corrected to "such as 10 second[s], 20 seconds, or 30 seconds".
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The "fixed period of time" is not described in the specification. The specification only discloses "a period of time, such as 10 second, 20 seconds, 30 seconds" (Paragraphs [0047], [0051]). Examiner recommends removing “fixed” from the claim language, as this term is not described in the specification.
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.
Claim(s) 1, 4-10, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carlucci (US 20060191888 A1), in view of Barradas (US 5046516 A), and further in view of Everett et al. (WO 2022251044 A1), herein referred to as Everett.
Regarding claim 1, Carlucci discloses a hair styling device (Fig. 1) comprising:
an elongate body having a working portion and a handle portion (refer to annotated Fig. 1 below);
a heating element operable to selectively heat the working portion of the elongate body (refer to Paragraph [0023], Fig. 4, annotated Fig. 1 below; the unit’s temperature is controlled by an electronic circuit and hair curler iron heater); and
a controller (refer to Paragraphs [0022]-[0023], Fig. 4; the controller of an electronic circuit diagram are the portions of the circuit that manage the behavior of the circuit; for the circuit shown in Fig. 4, the controller is represented by the on/off, increase, decrease, and curl timer symbols) associated with the handle portion (refer to Paragraph [0019], annotated Fig. 1 below; the circuit is shown as in communication with the LCD display of the control panel (2), which is in the handle portion), the controller operable to:
receive, via a user input, a time setting representing a fixed period of time (refer to Paragraphs [0018]-[0019]; a curl timer button (3) is depressed to set the tightness of curl setting; the tightness of curl setting corresponds to the exposure time to set the curl; Examiner understands a fixed time period as a period of time predetermined by the controller; the exposure time is determined for each temperature setting by the electronic circuit); and
output an alert when the period of time has lapsed (refer to Paragraph [0018]; an audible signal generator (9) emits an audible signal to indicate the time elapsed from start, where the time elapsed is the exposure time).
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Carlucci does not disclose the working portion of the elongate body having a tapered, triangular cross-section (refer to annotated Fig. 1 below).
Barradas discloses a curling iron in the same field of endeavor (refer to col. 1, lines 4-5), wherein the hair styling device (refer to annotated Fig. 13 below) comprises an elongate body (12+10), a working portion (12), a handle portion (10), wherein the working portion (12) has a triangular cross-section (refer to annotated Fig. 13 below), that tapers toward a distal end of the elongate body (refer to annotated Fig. 13 below). The tapered triangular shape (28+30) allows the user to form correspondingly shaped curls while also changing the curl diameter (refer to col. 3, lines 27-32, 42-51).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of the working portion of Carlucci (refer to annotated Fig. 1 above) with the tapered triangular shape (28+30) as taught by Barradas in order to allow the user to form triangle shaped curls while also changing the curl diameter (refer to col. 3, lines 27-32, 42-51).
Carlucci and Barradas do not disclose wherein the tightness of curl settings represent a fixed period of time selected from 10 seconds, 20 seconds, and 30 seconds.
Everett discloses a heated curling device (900) in the same field of endeavor (refer to Paragraph [00125]), wherein a user can select a desired curl time in the range of 1-90 seconds, teaching that a fixed period of time in the range of 1-90 seconds is considered a known time range for producing a desired curl (refer to Paragraph [00170]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have assigned the exposure times associated with the tightness of curl settings as taught by Carlucci and Barradas (refer to Paragraph [0018] of Carlucci) with a range of values between 1-90 seconds as taught by Everett in order to produce the desired curl (refer to Paragraph [00170]).
Further, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include 10, 20 and 30 seconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges or optimum value involves only routine skill in the art. In re Aller, 105 USPQ 233. MPEP 2144.05-II-A. Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of the fixed period of time, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05.
Regarding claim 4, Carlucci, Barradas, and Everett disclose the hair styling device of Claim 1, with Carlucci further disclosing:
a display (2) located on the handle portion of the elongate body, the display (2) linked to the controller (refer to Fig. 4; the controller is represented by the on/off, increase, decrease, and curl timer symbols, which are connected to the LCD (2) via the electric circuit).
Regarding claim 5, Carlucci, Barradas, and Everett disclose the hair styling device of Claim 4, with Carlucci further disclosing wherein:
the display (2) is configured to display the selected time setting (refer to Paragraph [0019], Figs. 2-3; the LCD display shows the tightness of curl setting).
Regarding claim 6, Carlucci, Barradas, and Everett disclose the hair styling device of Claim 1, with Carlucci further disclosing wherein:
the working portion of the elongate body (refer to annotated Fig. 1 above) is fixed relative to the handle portion of the elongate body (refer to Paragraph [0018], annotated Fig. 1 above; the barrel is connected and in electronic communication with the handle portion).
Regarding claim 7, Carlucci, Barradas, and Everett disclose the hair styling device of Claim 1, with Carlucci further disclosing the hair styling device comprising:
a speaker (9) associated with the controller (refer to Fig. 4; the controller is represented by the on/off, increase, decrease, and curl timer symbols), the speaker (9) configured to generate an audible sound (refer to Paragraph [0018]; an audible signal generator (9) emits an audible signal to indicate the time elapsed from start); and
wherein the alert includes the audible sound generated by the speaker (refer to Paragraph [0018]; an audible signal generator (9) emits an audible signal to indicate the time elapsed from start).
Regarding claim 8, Carlucci discloses a method of styling hair, the method comprising:
providing a hair styling device (Fig. 1) including an elongate body having a working portion and a handle portion (refer to annotated Fig. 1 below), a heating element operable to selectively heat the working portion of the body (refer to Paragraph [0023], Fig. 4, annotated Fig. 1 below; the unit’s temperature is controlled by an electronic circuit and hair curler iron heater), and a controller (refer to Paragraphs [0022]-[0023], Fig. 4; the controller of an electronic circuit diagram are the portions of the circuit that manage the behavior of the circuit; for the circuit shown in Fig. 4, the controller is represented by the on/off, increase, decrease, and curl timer symbols);
via interface tools associated with the handle portion, selecting a time setting representing a fixed period of time (refer to Paragraphs [0018]-[0019]; a curl timer button (3) is depressed with plus (4) or minus (5) buttons are depressed to set the tightness of curl setting; the tightness of curl setting corresponds to the exposure time to set the curl; Examiner understands a fixed time period as a period of time predetermined by the controller; the exposure time is determined for each temperature setting by the electronic circuit);
via the hair styling device, outputting an alert when the length of time has elapsed (refer to Paragraph [0018]; an audible signal generator (9) emits an audible signal to indicate the time elapsed from start, where the time elapsed is the exposure time); and
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Carlucci does not disclose the working portion of the elongate body having a tapered, triangular cross-section (refer to annotated Fig. 1 below).
Barradas discloses a curling iron in the same field of endeavor (refer to col. 1, lines 4-5), wherein the hair styling device (refer to annotated Fig. 13 below) comprises an elongate body (12+10), a working portion (12), a handle portion (10), wherein the working portion (12) has a triangular cross-section (refer to annotated Fig. 13 below), that tapers toward a distal end of the elongate body (refer to annotated Fig. 13 below). The tapered triangular shape (28+30) allows the user to form correspondingly shaped curls while also changing the curl diameter (refer to col. 3, lines 27-32, 42-51).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of the working portion of Carlucci (refer to annotated Fig. 1 above) with the tapered triangular shape (28+30) as taught by Barradas in order to allow the user to form triangle shaped curls while also changing the curl diameter (refer to col. 3, lines 27-32, 42-51).
Carlucci and Barradas do not disclose wherein the tightness of curl settings represent a fixed period of time selected from 10 seconds, 20 seconds, and 30 seconds.
Everett discloses a heated curling device (900) in the same field of endeavor (refer to Paragraph [00125]), wherein a user can select a desired curl time in the range of 1-90 seconds, teaching that a fixed period of time in the range of 1-90 seconds is considered a known time range for producing a desired curl (refer to Paragraph [00170]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have assigned the exposure times associated with the tightness of curl settings as taught by Carlucci (refer to Paragraph [0018]) with a range of values between 1-90 seconds as taught by Everett in order to produce the desired curl (refer to Paragraph [00170]).
Further, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include 10, 20 and 30 seconds, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges or optimum value involves only routine skill in the art. In re Aller, 105 USPQ 233. MPEP 2144.05-II-A. Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice. Absent a teaching as to criticality of the fixed period of time, this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975). MPEP 2144.05.
Carlucci and Barradas do not disclose the steps of placing hair in contact with the working portion of the elongate body for a selected period of time and moving the portion of hair such that it does not contact the working portion.
Everett further discloses placing a portion of hair (942) in contact with a working portion (904) of an elongate body (900) for a selected period of time (refer to Paragraphs [00169], [00170], annotated Fig. 30 below; the hair curler (900) is configured for the hair (942) to be wrapped around the body (904) for a curl time, where the desired curl time is determined based on user selection); and
moving the portion of hair (942) such that it does not contact the working portion (904) of the elongate body (900) (refer to Paragraph [00175]; after completion of the styling operation, the hair (942) may be unwrapped from the body (904)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of hair styling as taught by Carlucci and Barradas (refer to Paragraph [0018] of Carlucci) with the method steps of hair styling as taught Everett to curl the hair (refer to Paragraph [00174]).
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Regarding claim 9, Carlucci, Barradas, and Everett disclose the method of Claim 8, with Carlucci further disclosing:
via the heating element (refer to Fig. 4; Hair Curler Iron Heater), heating the working portion of the elongate body (refer to annotated Fig. 1 above) to a desired temperature (refer to Paragraph [0020]; the desired temperature setting can be increased or decreased by depressing the "plus" or "minus" buttons).
Regarding claim 10, Carlucci, Barradas, and Everett disclose the method of Claim 8, with Carlucci further disclosing:
displaying the selected time setting via a display (2) located on the handle portion of the elongate body (refer to Paragraph [0019], Figs. 2-3, annotated Fig. 1 above; the LCD display (2) shows the tightness of curl setting).
Regarding claim 13, Carlucci, Barradas, and Everett the method of Claim 8, with Carlucci further discloses wherein:
the working portion of the elongate body (refer to annotated Fig. 1 above) is fixed relative to the handle portion of the elongate body (refer to Paragraph [0018], annotated Fig. 1 above; the barrel is connected and in electronic communication with the handle portion).
Regarding claim 14, Carlucci, Barradas, and Everett the method of Claim 8; Carlucci and Barradas are silent to wrapping a portion of hair around the working portion (refer to annotated Fig. 1 above of Carlucci).
Based on the modification from claim 8, Everett discloses placing a portion of hair (942) in contact with the working portion (904) of the elongate body (900) includes wrapping the portion of hair (942) around the working portion (904) of the elongate body (900) (refer to Paragraphs [00169], [00170], annotated Fig. 30 below; the hair curler (900) is configured for the hair (942) to be wrapped around the body (904) for a curl time, where the desired curl time is determined based on user selection).
Response to Arguments
The outstanding written description rejection of claims 1 and 8 is withdrawn in view of the newly submitted claims.
Applicant's arguments filed 12/04/2025 have been fully considered but they are not persuasive.
Regarding the argument that Everett does not disclose a time setting representing a period of time selected from 10 seconds, 20 seconds and 30 seconds, Examiner points to the above rejection which relies on a prima facie obviousness rejection. Everett discloses a heated curling device (900) in the same field of endeavor (refer to Paragraph [00125]), wherein a user can select a desired curl time in the range of 1-90 seconds (refer to Paragraph [00170]). It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges or optimum value involves only routine skill in the art. In re Aller, 105 USPQ 233. MPEP 2144.05-II-A. Furthermore, since applicants have not disclosed that these modifications solve any stated problem or are for any particular purpose and it appears that the device would perform equally well with either designs, these modifications are a matter of design choice.
Regarding the remainder of Applicant’s arguments with respect to amended claim(s) 1 and 8, these arguments 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 (Lam in view of Barradas, Everett in view of Nicolo).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gonzalez et al. (US 20180000216 A1) discloses a curling iron with user selected time settings (refer to Paragraph [0059], Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 8:00-5:00 EST.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799