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 .
Drawings
The drawings were received on 12 March 2026. These drawings are acceptable.
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.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (WO 2007058434 A1, hereinafter “Lee”) in view of Samain et al (FR 2931644 A1, hereinafter “Samain”)
In regard to claim 6, Lee discloses a hairdressing appliance (10 in Figs. 1-4) comprising:
a cosmetic material holder (200 in Fig. 1) that holds a cosmetic material (paras. 32 and 35-43), the cosmetic material being solid at room temperature (paras. 35-43, for example charcoal), containing at least one organic substance (paras. 35-43, for example charcoal), the at least one organic substance each being changeable to fine particles having an average particle size of less than or equal to 1 µm when being heated (paras. 37 and 45-46, negative ion particles), and the cosmetic material not containing a liquid component, a cream-like component, or a gel-like component (paras. 35-43, for example charcoal);
a heating unit that heats the cosmetic material held by the cosmetic material holder (paras. 27 and 45-46, heater not shown); and
a jet unit (110 in Fig. 1) that jets fine particles generated by heating the cosmetic material with the heating unit to an outside (para. 45, Figs. 1-2 and 4).
Lee does not disclose wherein the at least one organic substance is selected from the group consisting of an organic acid, a lipid and chitosan.
Samain teaches an apparatus (Figs. 1-8 and 11-13) comprising a cosmetic material (p. 3 lines 27-37, p. 5 lines 11-26), the cosmetic material being solid at room temperature (p. 3 lines 1-2, solid particles), containing at least one organic substance (p. 3 lines 27-37, hydroxy acids), the at least one organic substance each being capable of being changed to fine particles having an average particle size of less than or equal to 1 pm when being heated (p. 4 lines 19-20, 10 nm is 0.01 μm), and the cosmetic material not containing a liquid component, a cream-like component, or a gel-like component (p. 3 lines 1-6, solid particles in gaseous fluid), wherein the at least one organic substance is selected from an organic acid (p. 3 lines 27-37, hydroxy acids).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of haircare appliances for application of cosmetic materials to the hair. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least one organic substance of Lee by adding at least one organic substance selected from the group consisting of an organic acid as taught by Samain in order to allow for desired hair treatment effects (p. 3 lines 27-37).
In regard to claim 7, Lee in view of Samain discloses the invention of claim 6. Lee further discloses the hairdressing appliance (10 in Figs. 1-4) further comprising an air blower (para. 27, blower not shown) that sends out the fine particles generated by heating to the outside through the jet unit (110 in Fig. 1) by blowing air (paras. 27 and 45).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Jung (KR 20170000976 U and translated PDF).
In regard to claim 8, Lee in view of Samain discloses the invention of claim 6. Lee does not disclose wherein the heating unit heats only a part of the cosmetic material within a certain period of time.
Jung teaches an apparatus (Figs. 3-6) comprising a heating unit (40 in Fig. 3) wherein the heating unit heats only a part of the material within a certain period of time (para. 0032, the part of the material that is heated is the part that is blown toward the heater; paras. 0028-0030, the control unit 70 operates the heater during the period of time of user’s selected operation mode).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hairdressing appliances. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hairdressing appliance of Lee in view of Samain by adding a control unit and placing the heating unit so that the heating unit heats only a part of the material within a certain period of time as taught by Jung in order to allow users to select a desired mode for the device to obtain a desired effect to keep hair in a healthy condition (Jung para. 0020 and 0028-0030).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Song (CN 202436382 U and translated PDF) and Weisbarth (WO 2007028726 A2 and translated PDF).
In regard to claim 9, Lee discloses the invention of claim 6. Lee does not disclose wherein the cosmetic material held by the cosmetic material holder is in a powder form, the hairdressing appliance further includes a cosmetic material conveyor that comprises a body having a first opening connected to the cosmetic material holder and a second opening connected to a carry-out unit that faces the heating unit, and conveys the cosmetic material in a powder form from the cosmetic material holder toward the heating unit, and a conveyor controller that controls the cosmetic material conveyor, and the conveyor controller controls the cosmetic material conveyor to obtain intermittent conveyance of the cosmetic material toward the heating unit.
Song teaches an apparatus (Fig. 1) wherein the material held by the material holder (12 in Fig. 1) is in a powder form (para. 0021) wherein the material is conveyed in powder form (para. 0021).
Weisbarth teaches an apparatus (Figs. 1-3) which further includes a cosmetic material conveyor (10 and 20 in Fig. 2, para. 0034) that comprises a body (10 in Fig. 2) having a first opening (15 in Fig. 2, para. 0035) connected to the cosmetic material holder and a second opening (17 in Figs. 2 and 3, para. 0035) connected to a carry-out unit (25 in Fig. 2, para. 0034) that faces the heating unit (Fig. 2, para. 0010, heating unit can be placed depending on delivery temperature), and conveys the cosmetic material from the cosmetic material holder toward the heating unit (Fig. 2, para. 0010), and a conveyor controller (22 and 23 in Fig. 2) that controls the cosmetic material conveyor (paras. 0036-0040), and the conveyor controller controls the cosmetic material conveyor to obtain intermittent conveyance of the cosmetic material toward the heating unit (paras. 0036-0040, conveyance is intermittent as button 22 is pressed).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hairdressing appliances.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hairdressing appliance of Lee in view of Samain by specifying the material is in a powder form and is conveyed in powder form as taught by Song in order to allow the material to additionally be sprayed on the scalp to achieve an effect (Song paras. 0021-0022).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hairdressing appliance of Lee in view of Samain and Song by adding a cosmetic material conveyor that comprises a body having a first opening connected to the cosmetic material holder and a second opening connected to a carry-out unit that faces the heating unit, and conveys the cosmetic material from the cosmetic material holder toward the heating unit, and a conveyor controller that controls the cosmetic material conveyor, and the conveyor controller controls the cosmetic material conveyor to obtain intermittent conveyance of the cosmetic material toward the heating unit as taught by Weisbarth in order to allow users to dispense a desired amount of cosmetic material into the airflow (Weisbarth paras. 0036-0040).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Lopez et al (U.S. Publication No. 11,819,871 B2, hereinafter “Lopez”).
In regard to claim 10, Lee in view of Samain discloses the invention of claim 6. Lee further discloses wherein the cosmetic material held by the cosmetic material holder is in a solid form (paras. 35-43) and discloses a heating unit (paras. 27 and 45-46, heater not shown).
Lee does not disclose wherein the hairdressing appliance further includes a movement mechanism that relatively moves the cosmetic material in a solid form and the heating unit to switch the cosmetic material in a solid form and the heating unit to either a contact state or a non-contact state, and a movement mechanism controller that controls the movement mechanism, and the movement mechanism controller controls the movement mechanism to obtain intermittent switching between the contact state and the non-contact state of the cosmetic material in a solid form and the heating unit.
Lopez teaches an apparatus (Figs. 1-9) including a movement mechanism (col. 11 lines 7-39) that relatively moves a material in a solid form (col. 6 lines 42-46, solid state) and a unit to switch the material in a solid form and the unit to either a contact state or a non-contact state (col. 11 lines 7-39, sprayed when in contact with the transducer), and a movement mechanism controller that controls the movement mechanism (col. 11 lines 40-43, col. 7 lines 8-27), and the movement mechanism controller controls the movement mechanism to obtain intermittent switching between the contact state and the non-contact state of the material in a solid form and the unit (col. 11 lines 7-43).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of appliances for dispersing substances onto the human body.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hairdressing appliance of Lee in view of Samain by including a movement mechanism that relatively moves a material in a solid form and a unit to switch the material in a solid form and the unit to either a contact state or a non-contact state, and a movement mechanism controller that controls the movement mechanism, and the movement mechanism controller controls the movement mechanism to obtain intermittent switching between the contact state and the non-contact state of the material in a solid form and the unit as taught by Lopez in order to allow for controlled dispensing of the substances which provide greater personalization for use and for the device (Lopez col. 5 lines 34-41).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Copitzky et al (DE 102015205565 A1 and translated PDF) and Jung.
In regard to claim 11, Lee in view of Samain discloses the invention of claim 6. Lee further discloses wherein the cosmetic material holder (200 in Fig. 1) holds, in addition to the cosmetic material, a heating auxiliary agent that generates heat when heated (paras. 35-43, for example yellow soil and germanium emitting far infrared rays, and two or more materials may be mixed).
Lee does not disclose wherein the heating unit is a laser light heater that heats the cosmetic material by irradiation with laser light, the hairdressing appliance further includes a laser light controller that controls at least one of on/off and output of the laser light of the laser light heater, and the laser light controller controls the laser light heater to obtain at least one of intermittent on/off of irradiation of the cosmetic material and the heating auxiliary agent held by the cosmetic material holder with the laser light and intermittent switching of a level of output of the laser light.
Copitzky teaches wherein the heating unit is a laser light heater that heats a material by irradiation with laser light (paras. 0013-0014 and 0022).
Jung teaches an apparatus (Figs. 3-6) further includes a controller (70 in Fig. 3) that controls on/off of the heater (paras. 0028-0030), and the controller controls the heater to obtain intermittent on/off of heating of the material held by the material holder with the heater (paras. 0028-0030, the control unit 70 operates the motor during the period of time of user’s selected operation mode).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hairdressing appliances.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heater of Lee in view of Samain by specifying that the eating unit is a laser light heater as taught by Copitzky in order to allow for increased service life of moving components and reduced noise (Copitzky para. 0004).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hairdressing appliance of Lee in view of Samain in view of Copitzky to add a controller that that controls on/off of the heater and controls the heater to obtain intermittent on/off of heating of the material held by the material holder as taught by Jung in order to allow users to select a desired mode for the device to obtain a desired effect to keep hair in a healthy condition (Jung para. 0020 and 0028-0030).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Jung and Lopez.
In regard to claim 12, Lee in view of Samain discloses the invention of claim 6. Lee further discloses wherein the cosmetic material holder (200 in Fig. 1) includes two or more cosmetic material holders (Figs. 1-2), and types of organic substances respectively held by the two or more cosmetic material holders are different from each other (para. 35-43 and 47, organic materials such as charcoal, herbal medicines, herbs; user can select the material).
Lee does not disclose that the hairdressing appliance further includes a heating unit controller that recognizes the types of the organic substances respectively held in the two or more cosmetic material holder and controls the heating unit based on the types of the organic substances that are recognized.
Jung teaches an apparatus (Figs. 3-6) further including a heating unit controller (70 in Fig. 3) that controls the heating unit (paras. 0028-0030).
Lopez teaches an apparatus (Figs. 1-9) which includes a controller (col. 7 lines 8-27) that recognizes the types of the substances (col. 6 lines 57-67) respectively held in two or more material holders (5 and 8 in Fig. 1, col. 6 lines 42-56) and controls the unit based on the types of the substances that are recognized (col. 9 lines 37-49, col. 14 lines 48-60).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of appliances for dispersing substances onto the human body.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hairdressing appliance of Lee in view of Samain to add a heating unit controller that controls the heating unit as taught by Jung in order to allow users to select a desired mode for the device to obtain a desired effect to keep hair in a healthy condition (Jung para. 0020 and 0028-0030).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hairdressing appliance of Lee in view of Jung by specifying that the controller recognizes the types of the substances respectively held in the two or more material holders and controls based on the types of the substances that are recognized as taught by Lopez in order to allow for controlled dispensing of the substances which provide greater personalization for use and for the device (Lopez col. 5 lines 34-41).
Response to Arguments
Applicant's arguments filed 12 March 2026 have been fully considered but they are not persuasive.
In regard to the 35 U.S.C. §102 and §103 rejections, Applicant argues that none of the cited references disclose or suggest the limitation that the at least one organic substance is selected from the group consisting of an organic acid, a lipid and chitosan, as recited by amended claim 6. Applicant argues that as such, claim 6 and all claims dependent thereon are patentable over the cited references.
Examiner notes that in the above rejection, claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain, claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Jung, claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Song and Weisbarth, claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Lopez, claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Copitzky, and Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Jung and Lopez. Samain teaches an apparatus (Figs. 1-8 and 11-13) comprising a cosmetic material (p. 3 lines 27-37, p. 5 lines 11-26), containing at least one organic substance (p. 3 lines 27-37, hydroxy acids), wherein the at least one organic substance is selected from an organic acid (p. 3 lines 27-37, hydroxy acids). One of ordinary skill in the art would have been motivated to have modified Lee by the teachings of Samain in order to allow for desired hair treatment effects (p. 3 lines 27-37). Applicant is directed to the rejections in view of the amendments.
In regard to claim 9, Applicant argues that none of the cited references disclose or suggest that the limitation that the hairdressing appliance further includes a cosmetic material conveyor that comprises a body having a first opening connected to the cosmetic material holder and a second opening connected to a carry-out unit that faces the heating unit of amended claim 9. Applicant argues that the fan of Jung is different from the cosmetic material conveyor as recited by claim 9, and as such, claim 9 is patentable over the cited references.
Examiner notes that in the above rejection, claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Samain and Song and Weisbarth. Weisbarth teaches an apparatus (Figs. 1-3) which further includes a cosmetic material conveyor (10 and 20 in Fig. 2, para. 0034) that comprises a body (10 in Fig. 2) having a first opening (15 in Fig. 2, para. 0035) connected to the cosmetic material holder and a second opening (17 in Figs. 2 and 3, para. 0035) connected to a carry-out unit (25 in Fig. 2, para. 0034) that faces the heating unit (Fig. 2, para. 0010, heating unit can be placed depending on delivery temperature), and conveys the cosmetic material from the cosmetic material holder toward the heating unit (Fig. 2, para. 0010), and a conveyor controller (22 and 23 in Fig. 2) that controls the cosmetic material conveyor (paras. 0036-0040), and the conveyor controller controls the cosmetic material conveyor to obtain intermittent conveyance of the cosmetic material toward the heating unit (paras. 0036-0040). One of ordinary skill in the art would have been motivated to have modified the hairdressing appliance of Lee in view of Samain and Song by the teachings of Weisbarth in order to allow users to dispense a desired amount of cosmetic material into the airflow (Weisbarth paras. 0036-0040). Applicant is directed to the rejections in view of the amendments.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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