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 .
Response to Arguments
Applicant’s arguments, see Remarks, filed 05/04/2026, with respect to the rejection(s) of the independent claim(s) under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. 103 as being unpatentable over US Pat Pub No 20200008549 A1 to Barber et al. (previously presented) in view of US Pat Pub No 20090260650 to Jung. Since The Jung reference was not previously presented, this office action is being marked as second non-final rejection.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6, 8-9, 15-18 and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub No 20200008549 A1 to Barber et al. (hereinafter “Barber” – previously presented) in view of US Pat Pub No 20090260650 to Jung.
Regarding claim 1. Barber discloses a device (para 0015 “hair styling apparatus 1”) comprising: a first arm (para 0015 “top arm 3”); a second arm (para 0015 “bottom arm 5”), wherein the first arm is pivotably attached to the second arm and wherein the first arm and the second arm move respective to one another (para 0015 “rotatably connected at the handle ends … connected by a hinge 7”); a [] beam source configured to generate [] beam that is between 400-800 nm in wavelength (para 0017 “light source 13 … emitting radiation with a wavelength from about 300 nm to about 800 nm”); [] and apply the generated [] beam to hair strands placed between the first arm and the second arm when the first arm and the second arm are in closed position (para 0017 “light source 13 may be located proximal the top plate 8 and/or the bottom plate 9 such that, in the closed position, hair received between the top main surface 8 a and the bottom main surface 9 a receives light energy from the light source 13”).
Barber fails to disclose the beam source to be a laser beam source and an optical medium positioned on the second arm, wherein the optical medium is configured to receive the generated laser beam and apply the generated laser beam to hair strands placed between the first arm and the second arm.
Jung, from a similar field of endeavor teaches a similar device and shows that it is known for the beam source to be a diode unit for irradiating laser beams (para 0036, i.e., “laser beam source”) toward the hair (para 0041) and reflected by the first heat generating body (para 0041 i.e., “optical medium”; see para 0050) in order to restore damaged portion of the hair by the laser beams (para 0042). It would have been obvious to one of ordinary skills in the art before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Jung, because doing so would allow for using laser beam to provide the predictable result of restoring damaged portion of the hair by the laser beam.
Regarding claim 2. Barber as modified by Jung renders obvious the device of Claim 1 further comprising a sensor configured to generate a signal in response to the first arm and the second arm moving into the closed position (para 0029 “a magnet-hall sensor combination to detect whether the apparatus 1 is in the open or closed position … magnet-hall sensor combination may generate a signal indicating whether the apparatus 1 is in the closed position or the open position.”).
Regarding claim 3. Barber as modified by Jung renders obvious the device of claim 2 further comprising a controller configured to receive the generated signal and in response to determining that the first arm and the second arm are in the closed positioned activates the laser beam source to generate the laser beam (para 0030 “a control circuit 17 configured to turn on the light source 13 upon receiving the signal indicating that the top arm 3 and the bottom arm 5 are in the closed position and/or turn off the light source 13 upon receiving the signal indicating that the top arm 3 and the bottom arm 5 are in the open position.”; Jung, para 0040-0044).
Regarding claim 4. Barber as modified by Jung renders obvious the device of claim 3, wherein the controller is configured to receive an input from a user to adjust power of the laser beam (para 0020 “a switch that a user may operate to turn on/off the apparatus 1”; Jung, para 0040-0044).
Regarding claim 6. Barber as modified by Jung renders obvious the device of claim 1, wherein the first arm and the second arm are in the closed position when the first arm and the second arm are squeezed toward one another to lock hair strands in between the first arm and the second arm (para 0020 “the top arm 3 and the bottom arm 5 form a sort of clamp for receiving hair positioned between the top and bottom arms 3, 5 when the apparatus is in the closed position”).
Regarding claim 8. Barber as modified by Jung renders obvious the device of claim 1 further comprising a power cable to supply power to the laser beam source (para 0020 “electrical cable 12”).
Regarding claim 9. Barber as modified by Jung renders obvious the device of Claim 1 further comprising mechanical means positioned on the first arm or the second arm, wherein the mechanical means is configured to distribute hair strands when hair strands are positioned between the first arm and the second arm (para 0020, 0022 “top and bottom main surfaces 8 a, 9 a”).
Regarding claim 15. Barber discloses a flat iron (para 0015 “hair styling apparatus 1”) comprising: a top elongated arm (para 0015 “top arm 3”) with a first heating element attached thereto (para 0016 “plate 8 provide heat as energy”), and wherein the top elongate arm includes a first heating plate to apply the generated heat to hair strands when the hair strands are locked between the top elongated arm and a bottom elongated arm (para 0016 “plate 8”); the bottom elongated arm (para 0015 “bottom arm 5”) with a second heating element attached thereto (para 0016 “plate 9 provide heat as energy”), and wherein the bottom elongate arm includes a second heating plate to apply the generated heat (para 0016 “plate 9”) to hair strands when the hair strands are locked between the top elongated arm and the bottom elongated arm (para 0016-0017, etc.); a [] beam source configured to generate [] beam that is between 400-800 nm in wavelength (para 0017 “In addition to heat as energy for straightening hair, the hair styling apparatus 1 may include a light source 13… emitting radiation with a wavelength from about 300 nm to about 800 nm”); and apply the generated [] beam to hair strands placed between the top elongated arm and the bottom elongated arm when the top elongated arm and the bottom elongated arm are in closed position (para 0017 “light source 13 may be located proximal the top plate 8 and/or the bottom plate 9 such that, in the closed position, hair received between the top main surface 8 a and the bottom main surface 9 a receives light energy from the light source 13”).
Barber fails to disclose the beam source to be a laser beam source and an optical medium positioned on the second arm, wherein the optical medium is configured to receive the generated laser beam and apply the generated laser beam to hair strands placed between the first arm and the second arm.
Jung, from a similar field of endeavor teaches a similar device and shows that it is known for the beam source to be a diode unit for irradiating laser beams (para 0036, i.e., “laser beam source”) toward the hair (para 0041) and reflected by the first heat generating body (para 0041 i.e., “optical medium”; see para 0050) in order to restore damaged portion of the hair by the laser beams (para 0042). It would have been obvious to one of ordinary skills in the art before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Jung, because doing so would allow for using laser beam to provide the predictable result of restoring damaged portion of the hair by the laser beam.
Regarding claim 16. Barber as modified by Jung renders obvious the flat iron of claim 15 further comprising a sensor configured to generate a signal in response to the top elongated arm and the bottom elongated arm moving into the closed position (para 0029 “a magnet-hall sensor combination to detect whether the apparatus 1 is in the open or closed position … magnet-hall sensor combination may generate a signal indicating whether the apparatus 1 is in the closed position or the open position.”).
Regarding claim 17. Barber as modified by Jung renders obvious the flat iron of Claim 16 further comprising a controller configured to receive the generated signal and in response to determining that the top elongated arm and the bottom elongated arm are in the closed positioned activates the laser beam source to generate the laser beam (para 0030 “a control circuit 17 configured to turn on the light source 13 upon receiving the signal indicating that the top arm 3 and the bottom arm 5 are in the closed position and/or turn off the light source 13 upon receiving the signal indicating that the top arm 3 and the bottom arm 5 are in the open position.”; Jung, para 0040-0044).
Regarding claim 18. Barber as modified by Jung renders obvious the flat iron of claim 17, wherein the controller is configured to receive an input from a user to adjust a wavelength of the laser beam (para 0020 “a switch that a user may operate to turn on/off the apparatus 1” ; Jung, para 0040-0044).
Regarding claim 20. Barber as modified by Jung renders obvious the flat iron of claim 15, wherein the top elongated arm and the bottom elongated arm are in the closed position when the top elongated arm and the bottom elongated arm are squeezed toward one another to lock hair strands in between the top elongated arm and the bottom elongated arm (para 0020 “the top arm 3 and the bottom arm 5 form a sort of clamp for receiving hair positioned between the top and bottom arms 3, 5 when the apparatus is in the closed position”).
Regarding claim 21. Barber as modified by Jung renders obvious the flat iron of Claim 15, further comprising a sensor and a controller coupled to one another, wherein the controller receives one or more sensed data from the sensor and wherein the controller is configured to adjust a characteristic of the generated laser beam based on the sensed data (para 0030 “a control circuit 17 configured to turn on the light source 13 upon receiving the signal indicating that the top arm 3 and the bottom arm 5 are in the closed position and/or turn off the light source 13 upon receiving the signal indicating that the top arm 3 and the bottom arm 5 are in the open position.”; it is noted that turning the lights on/off, for example after “ten seconds of exposure” or immediately, is understood to read over “adjust a characteristics” ; Jung, para 0040-0044).
Claim(s) 5, 7, 10-14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barber as modified by Jung, and further in view of US Pat Pub No 20070167936 to Samain et al. (hereinafter “Samain” – previously presented).
Regarding claim 5. Barber as modified by Jung renders obvious the device of claim 3, but fails to disclose wherein the controller is configured to adjust a pulse duration for the generated wavelength.
Samain, form a similar field of endeavor, teaches wherein the duration of the light pulse reaching the keratinous fibers may be between about 100 ps and about 1 μs, better still between about 1 ns and about 100 ns, especially greater than 5 ns, for example around 10 ns (para 0018) to treat keratinous fibers, specially hair fibers (para 0052). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Samain to provide the predictable result of treating hair.
Regarding claim 7. Barber as modified by Jung renders obvious the device of claim 1, but fails to disclose wherein the generated laser beam has a pulse duration between 10 picoseconds and 50 nanoseconds.
Samain, form a similar field of endeavor, teaches wherein the duration of the light pulse reaching the keratinous fibers may be between about 100 ps and about 1 μs, better still between about 1 ns and about 100 ns, especially greater than 5 ns, for example around 10 ns (para 0018) to treat keratinous fibers, specially hair fibers (para 0052). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Samain to provide the predictable result of treating hair.
It is noted that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 10. Barber as modified by Jung renders obvious the device of Claim 1 but fails to disclose further comprising a harmonic doubler configured to generate wavelength harmonics for the generated laser beam.
Samain, form a similar field of endeavor, teaches that it is known to provide a frequency doubler for brining the wavelength of the light reaching the keratinous fibers back to about 523 nm. It would have been obvious before the filing date of the claimed invention to modify the disclosure of Barber with the known teachings of Samain to provide the predictable result of bringing the wavelength of the light reaching the keratinous fibers back to about 523 nm.
Regarding claim 11. Barber as modified by Jung renders obvious the device of Claim 1 but fails to disclose further comprising a beam expander configured to spread the generated laser beam before it is reflected out from the optical medium and before it is applied to hair strands.
Samain, form a similar field of endeavor, teaches wherein the treatment head comprise at least one lens, especially a cylindrical lens, for generating an approximately flat light beam (para 0069; which is understood to expand the laser beam at least in parts). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Samain to provide the predictable result of generating a flat light beam to treat hair.
Regarding claim 12. Barber as modified by Jung renders obvious the device of claim 1 but fails to disclose further comprising a lens configured to adjust the focus the generated laser beam before it is applied to hair strands.
Samain, form a similar field of endeavor, teaches providing a device for focusing the light beam emitted by the laser which allows a less powerful, and therefore less expensive, laser to be used, while still achieving an energy level sufficient to destroy the melanin selectively. (para 0062). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Samain to provide the predictable result of allowing a less powerful, and therefore less expensive, laser to be used, while still achieving an energy level sufficient to destroy the melanin selectively.
Regarding claim 13. Barber as modified by Jung renders obvious the device of claim 1 but fails to disclose further comprising a beam shaping Lense configured to generate a beam shape for the generated laser beam before it is applied to hair strands.
Samain, form a similar field of endeavor, teaches wherein the treatment head comprise at least one lens, especially a cylindrical lens, for generating an approximately flat light beam (para 0069). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Samain to provide the predictable result of generating a flat light beam to treat hair.
Regarding claim 14. Barber as modified by Jung and Samain renders obvious the device of claim 13, wherein the beam shape is rectangular (para 0069 “treatment head, especially when the laser is rigidly connected to it, may comprise at least one lens, especially a cylindrical lens, for generating an approximately flat light beam, for example one several millimeters in length by one millimeter in width”)
Regarding claim 19. Barber as modified by Jung renders obvious the flat iron of Claim 17, but fails to disclose wherein the controller is configured to adjust a pulse duration for the generated wavelength.
Samain, form a similar field of endeavor, teaches wherein the duration of the light pulse reaching the keratinous fibers may be between about 100 ps and about 1 μs, better still between about 1 ns and about 100 ns, especially greater than 5 ns, for example around 10 ns (para 0018) to treat keratinous fibers, specially hair fibers (para 0052). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Samain to provide the predictable result of treating hair.
Regarding claim 22. Barber as modified by Jung renders obvious the flat iron of Claim 15 but fails to disclose further comprising a cooling mechanism configured to remove heat generated by the laser beam source.
Samain, form a similar field of endeavor, teaches providing cooling means for cooling the lock of hair … when the heating induced by the laser light risks damaging the hair (para 0143). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Barber with the teachings of Samain to provide the predictable result of cooling the hair to prevent damaging the hair.
Conclusion
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/SANA SAHAND/Examiner, Art Unit 3796
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