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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/16/2024 and 04/16/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because it should avoid using phases which can be implied, such as, “This disclosure concerns”, “The disclosure defined by this invention”, “This disclosure describes”, “is disclosed”, “are disclosed”, “the invention relates to” etc. Correction is required. See MPEP 608.01 (b).
In this case, the abstract should avoid using phrase “is described…”
Notification regarding 35 USC § 112f
The following is a quotation of AIA 35 U.S.C. 112f:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitations “a drive unit for applying an alternating voltage…” has been interpreted under 35 U.S.C. 112(f), because it uses/they use a generic placeholder “a drive unit” coupled with functional language “for applying an alternating voltage…” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f), claims 1-2 and 11-12 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that, although it is not clear, the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112f:
The present Specification describes as following:
“…As illustrated in Figure 5, the drive unit 50 comprises comprise a switch 51, a DC-to-DC converter 52, and a DC-to-AC inverter 53…”
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f), applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f), or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102/103
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 –
(a1) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-10 are rejected under AIA 35 U.S.C. 102 (a1) as anticipated by or, in the alternative, under AIA 35 U.S.C. 103 as obvious over Moore et al. (US 20170360174 A1).
Regarding claim 1, Moore discloses
A hair styling appliance (hair styler 1, fig.1) comprising:
a pair of electrodes (first and second dielectric heating plates 6a, 6b, fig.1);
a chamber (gap/space between first and second dielectric heating plates 6a, 6b, fig.1) located between the electrodes (first and second dielectric heating plates 6a, 6b) for receiving a section of hair;
a drive unit (drive circuitry 24, fig.4) for applying an alternating voltage to the electrodes (first and second dielectric heating plates 6a, 6b) to heat dielectrically hair within the chamber [Par.0082 cited: “…FET signal generator 23 is configured to receive electrical power from the power supply 26 and to provide an alternating voltage having a set frequency to the drive circuitry 24 …”]; and
a pair of arms (arms 4a, 4b, fig.1) having an open position and a closed position [arms 4a, 4b can open and close by hinge mechanism 2, fig.1], the arms (arms 4a, 4b) gripping the hair when in the closed position,
wherein the chamber has a height of between 1 mm and 10 mm when the arms (arms 4a, 4b) are in the closed position1 [arms 4a, 4b can be adjusted with a height of between 1 mm and 10 mm by hinge mechanism 2, fig.1].
Alternatively, Moore does not explicitly disclose the chamber has a height of between 1 mm and 10 mm when the arms are in the closed position.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to adjust the chamber as taught by Moore, has a height of between 1 mm and 10 mm when the arms are in the closed position, in order suitable for the user application, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 2, Moore discloses
the electrodes (first and second dielectric heating plates 6a, 6b, fig.1) have a spacing no less than 1 mm when the arms in the closed position (arms 4a, 4b, fig.1) [arms 4a, 4b can be adjusted first and second dielectric heating plates 6a, 6b with a spacing no less than 1 mm, by hinge mechanism 2, fig.1].
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Regarding claim 3, Moore discloses
the electrodes are coated with or housed within a thermally insulating material [Claim 20 cited: “…at least the first dielectric heating plate has a plastic outer surface which forms a contact surface for hair sandwiched between the plates during use…”].
Regarding claim 4, Moore discloses
at least one of the arms comprises a gripping portion (plastic outer surface, Claim 20) for gripping the hair, the gripping portion (plastic outer surface, Claim 20) being formed of a resiliently deformable material (plastic outer surface, Claim 20) [Claim 20 cited: “…first dielectric heating plate has a plastic outer surface which forms a contact surface for hair sandwiched between the plates during use…”].
Regarding claim 5, Moore discloses
the appliance (hair styler 1, fig.1) comprises a body (BD, annotated figure above) having a pair of prongs (P, annotated figure above), and each of the electrodes (first and second dielectric heating plates 6a, 6b, fig.1) is attached to or housed within a respective prong (P, annotated figure above).
Regarding claim 6, Moore discloses
an end of each of the prongs (P, annotated figure above) is chamfered [P is chamfered, figure above].
Regarding claim 7, Moore discloses
at least one of the arms (arms 4a, 4b, fig.1) is moveable relative to each of the electrodes (first and second dielectric heating plates 6a, 6b, fig.1).
Regarding claim 8, Moore discloses
the electrodes (first and second dielectric heating plates 6a, 6b, fig.1) are attached to or housed within a body (BD, annotated figure above), the arms (arms 4a, 4b, fig.1) are attached to the body (BD, annotated figure above), and the at least one of the arms (arms 4a, 4b) is moveable relative to the body (BD, annotated figure above).
Regarding claim 9, Moore discloses
the at least one of the arms (arms 4a, 4b, fig.1) is pivotally attached to the body (BD, annotated figure above).
Regarding claim 10, Moore discloses
the electrodes (first and second dielectric heating plates 6a, 6b, fig.1) are attached to or housed within a body (BD, annotated figure above), but does not disclose the appliance comprises a flexible membrane that extends between the body and the at least one of the arms.
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the appliance as taught by Moore, comprises a flexible membrane that extends between the body and the at least one of the arms, in order to provide a flexible material for the hair styling appliance then it is suitable for the user application, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of copending Application No. 18568855.
Although the claims at issue are not identical, they are not patentably distinct from each other. See table below.
Present application 18563865
Copending application 18568855
1. A hair styling appliance comprising: a pair of electrodes; a chamber located between the electrodes for receiving a section of hair; a drive unit for applying an alternating voltage to the electrodes to heat dielectrically hair within the chamber; and a pair of arms having an open position and a closed position, the arms gripping the hair when in the closed position, wherein the chamber has a height of between 1 mm and 10 mm when the arms are in the closed position.
2. The hair styling appliance as claimed in claim 1, wherein the electrodes have a spacing no less than 1 mm when the arms in the closed position.
3. The hair styling appliance as claimed in claim 1, wherein the electrodes are coated with or housed within a thermally insulating material.
4. The hair styling appliance as claimed in claim 1, wherein at least one of the arms comprises a gripping portion for gripping the hair, the gripping portion being formed of a resiliently deformable material.
5. The hair styling appliance as claimed in claim 1, wherein the appliance comprises a body having a pair of prongs, and each of the electrodes is attached to or housed within a respective prong.
6. The hair styling appliance as claimed in claim 5, an end of each of the prongs is chamfered.
7. The hair styling appliance as claimed in claim 1, wherein at least one of the arms is moveable relative to each of the electrodes.
8. The hair styling appliance as claimed in claim 7, wherein the electrodes are attached to or housed within a body, the arms are attached to the body, and the at least one of the arms is moveable relative to the body.
9. The hair styling appliance as claimed in claim 8, wherein the at least one of the arms is pivotally attached to the body.
10. The hair styling appliance as claimed in claim 1, wherein the electrodes are attached to or housed within a body, and the appliance comprises a flexible membrane that extends between the body and the at least one of the arms.
1. A hair styling appliance comprising: a pair of arms having an open position and a closed position, the arms gripping the hair when in the closed position; a pair of electrodes; a chamber located between the electrodes for receiving a section of hair; and a drive unit for applying an alternating voltage to the electrodes to heat dielectrically hair within the chamber, wherein the electrodes having a fixed spacing and wherein at least one of the arms is moveable to vary a spacing between the arms without varying the spacing between the electrodes.
2. The hair styling appliance as claimed in claim 1, wherein the spacing is no greater than 10 mm.
3. The hair styling appliance as claimed in claim 1, wherein the spacing is no less than 1 mm.
4. The hair styling appliance as claimed in claim 1, wherein the height of the chamber is between 1 mm and 10 mm.
5. The hair styling appliance as claimed in claim 1, wherein the electrodes are coated with or housed within a thermally insulating material.
6. The hair styling appliance as claimed in claim 1, wherein the appliance comprises a body having a pair of prongs, and each of the electrodes is attached to or housed within a respective prong.
7. The hair styling appliance as claimed in claim 6, wherein an end of each of the prongs is chamfered.
8. The hair styling appliance as claimed in claim 1, wherein the electrodes are attached to or housed within a body, the arms are attached to the body, and at least one of the arms is moveable relative to the body.
9. The hair styling appliance as claimed in claim 8, wherein the at least one of the arms is pivotally attached to the body.
10. The hair styling appliance as claimed in claim 8, wherein the appliance comprises a flexible membrane that extends between the body and the at least one of the arms.
11. The hair styling appliance as claimed in claim 1, wherein at least one of the arms comprises a gripping portion for gripping the hair, the gripping portion being formed of a resiliently deformable material.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of copending Application No. 18563863.
Although the claims at issue are not identical, they are not patentably distinct from each other. See table below.
Present application 18563865
Copending application 18563863
1. A hair styling appliance comprising: a pair of electrodes; a chamber located between the electrodes for receiving a section of hair; a drive unit for applying an alternating voltage to the electrodes to heat dielectrically hair within the chamber; and a pair of arms having an open position and a closed position, the arms gripping the hair when in the closed position, wherein the chamber has a height of between 1 mm and 10 mm when the arms are in the closed position.
2. The hair styling appliance as claimed in claim 1, wherein the electrodes have a spacing no less than 1 mm when the arms in the closed position.
3. The hair styling appliance as claimed in claim 1, wherein the electrodes are coated with or housed within a thermally insulating material.
4. The hair styling appliance as claimed in claim 1, wherein at least one of the arms comprises a gripping portion for gripping the hair, the gripping portion being formed of a resiliently deformable material.
5. The hair styling appliance as claimed in claim 1, wherein the appliance comprises a body having a pair of prongs, and each of the electrodes is attached to or housed within a respective prong.
6. The hair styling appliance as claimed in claim 5, an end of each of the prongs is chamfered.
7. The hair styling appliance as claimed in claim 1, wherein at least one of the arms is moveable relative to each of the electrodes.
8. The hair styling appliance as claimed in claim 7, wherein the electrodes are attached to or housed within a body, the arms are attached to the body, and the at least one of the arms is moveable relative to the body.
9. The hair styling appliance as claimed in claim 8, wherein the at least one of the arms is pivotally attached to the body.
10. The hair styling appliance as claimed in claim 1, wherein the electrodes are attached to or housed within a body, and the appliance comprises a flexible membrane that extends between the body and the at least one of the arms.
1. A hair styling appliance comprising: a pair of electrodes; a chamber located between the electrodes for receiving a section of hair; a drive unit for applying an alternating voltage to the electrodes to heat dielectrically hair within the chamber; and a pair of arms having an open position and a closed position, the arms gripping the hair when in the closed position, and at least one of the arms being moveable relative to each of the electrodes.
2. The hair styling appliance as claimed in claim 1, wherein the at least one of the arms is moveable to vary a spacing between the arms without varying a spacing between the electrodes.
3. The hair styling appliance as claimed in claim 1, wherein at least one of the arms comprises a gripping portion for gripping the hair, the gripping portion being formed of a resiliently deformable material.
4. The hair styling appliance as claimed in claim 1, wherein the electrodes are coated with or housed within a thermally insulating material.
5. The hair styling appliance as claimed in claim 1, wherein the appliance comprises a body having a pair of prongs, and each of the electrodes is attached to or housed within a respective prong.
6. The hair styling appliance as claimed in claim 5, an end of each of the prongs is chamfered.
7. The hair styling appliance as claimed in claim 1, wherein the electrodes are attached to or housed within a body, the arms are attached to the body, and the at least one of the arms is moveable relative to the body.
8. The hair styling appliance as claimed in claim 7, wherein the at least one of the arms is pivotally attached to the body.
9. The hair styling appliance as claimed in claim 1, wherein the electrodes are attached to or housed within a body, and the appliance comprises a flexible membrane that extends between the body and the at least one of the arms.
10. The hair styling appliance as claimed in claim 1, wherein the electrodes have a spacing no greater than 10 mm when the arms are in the closed position.
11. The hair styling appliance as claimed in claim 1, wherein the electrodes have a spacing no less than 1 mm when the arms are in the closed position.
12. The hair styling appliance as claimed in claim 1, wherein the height of the chamber is between 1 mm and 10 mm when the arms are in the closed position.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Washington et al. (US 20150173480 A1) is considered as the relevant prior art in field of a hair appliance, as shown in fig.1, with a couple electrodes, a chamber, a drive unit, and a pair of arms… but does not disclose a drive unit for applying an alternating voltage to the electrodes….
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
06/06/2026
1 User can perform the function, because the arms 4a, 4b can be adjusted with a height from 1mm-10mm via a hinge mechanism 2, fig.1.
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