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 .
Priority
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.
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.
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.
Claims 1-3 and 9-14 are rejected under 35 U.S.C. 103 as being obvious over Hasler (GB 1145871) in view of Moore (US 2017/0360174).
With respect to the limitations of claim 1, Hasler teaches a dielectric heating appliance comprising: a pair of electrodes (Figs 1, 2, electrodes 2 and 3, Pg 1, Col 2); and a drive unit (valve oscillator circuit 7, Pg 1, Col 2) for applying an alternating voltage (Pg 2, Col 1, Lines 10-15, alternating voltage) to the electrodes to heat dielectrically a material located between the electrodes (Pg 1, Col 2, Lines 68-71), the drive unit comprises mutually coupled inductors having a coupling coefficient (choke coil 12, coil 14, Pg 2, Col 1) that varies in response to changes in a spacing of the electrodes (Pg 2, Col 1, Lines 34-60). Hasler discloses the claimed invention except for the dielectric heating appliance is a hair styling appliance.
However, Moore discloses the dielectric heating appliance is a hair styling appliance (0004, 0005, the invention uses dielectric heating to manipulate the shape of hair) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the dielectric heating device of Hasler silent to hair with the dielectric heating appliance is a hair styling appliance of Moore for the purpose of adapting the appliance to similar materials, providing for an appliance that prevents excessive heating and improves safety (0005).
With respect to the limitations of claims 2 and 3, Hasler teaches the coupling coefficient decreases in response to an increase in the spacing (Pg 2, Col 1, Lines 34-60);
the coupling coefficient is no greater than 0.5 (Pg 2, Col 1, Lines 34-60).
With respect to the limitations of claims 9, 10, 11, 12, 13 and 14, Hasler in view of Moore discloses the appliance comprises a pair of arms having an open position and a closed position, the arms gripping the hair when in the closed position (Moore, Fig 1, hair styler 1, first movable arm 4a, second movable arm 4b, 0053);
the electrodes (Figs 1, 2, electrodes 25a, 25b, 0061) have a spacing no greater than 10 mm when the arms are in the closed position (0053).
at least one of the arms (4a, 4b) is moveable relative to the electrodes (25a or 25b);
at least one of the arms comprises a gripping portion for gripping the hair (Fig 1, plates 6a, 6b, 0065, 0066), the gripping portion being formed of a resiliently deformable material (0066, plastic);
the electrodes are coated with or housed within a thermally insulating material (0066).
Hasler in view of Moore discloses the claimed invention except for the electrodes have a spacing no less than 1 mm when the arms are in the closed position. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the electrodes have a spacing no less than 1 mm when the arms are in the closed position, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable spacing ranges involves only routine skill in the art (see MPEP 2144.04).
Claims 4-8 are rejected under 35 U.S.C. 103 as being obvious over Hasler (GB 1145871) in view of Moore (US 2017/0360174) as applied to claim 1, further in view of Walter (US 4,499,355).
With respect to the limitations of claims 4 and 5, Hasler in view of Moore discloses the claimed invention except for the drive unit comprises an inverter for generating the alternating voltage, and the inverter comprises one or more resonant networks; the inverter comprises a single pair of switches that are switched to generate the alternating voltage.
However, Walter discloses the drive unit comprises an inverter for generating the alternating voltage, and the inverter comprises one or more resonant networks (Figs 1, 6, resonant circuit 6, inverter, Col 4, Lines 56-65); the inverter comprises a single pair of switches (silicon controlled rectifiers, Col 4, Lines 56-65) that are switched to generate the alternating voltage is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the hair styling appliance of Hasler in view of Moore having a drive unit silent to an inverter with the drive unit comprises an inverter for generating the alternating voltage, and the inverter comprises one or more resonant networks; the inverter comprises a single pair of switches that are switched to generate the alternating voltage of Walter for the purpose of providing a known inverter configuration that is suitable for supplying a suitable power level to the appliance.
Claims 6, 7 and 8 are also rejected because they are dependent upon claim 1.
Allowable Subject Matter
Claims 6, 7 and 8 are 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 THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 8/4/2026
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