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 .
Claim Objections
Claim 9 is objected to because of the following informalities: Claim 9 provides a repetitive recitation which is already provided for in claim 1 (“each of the….comprises a leading edge….and a trailing edge….through the hair styling in appliance in use”). The repetitive clause requires deletion. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 10 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 10 requires the plenum taper in cross section parallel to the plane of the hair within the region. The plane is defined by the hair in the region. It is suggested Applicant amend claim 10 to require the plenum taper in cross section parallel to a plane defined by the region between the first and second arms, along at least a portion of its length. Claim 1 established that the region between the first and second arms is arranged to receive hair.
Claim Rejections - 35 USC § 102
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 9 and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mourad (US 9012813)
Regarding claim 1, Mourad discloses a hair styling appliance (Refer to Figures 1-7, 9, and 14-22) comprising: a first arm (32 or 34) and a second arm (other of 32 or 34) coupled together for reciprocal movement towards and away from each other, and arranged to receive hair within a region between each other; a plenum (chamber through which air flows from the fan to the outlet, Refer to Figures 3A, 5-7, 9, 18) disposed within at least one of the first arm and the second arm, the plenum comprising an air inlet (inlet near 46, Refer to Figures 3A, 5-7, inlet near hinged portion in Figures 9 and 18) for receiving airflow from a fan unit and an air outlet (outlet 52 near 43, Refer to Figures 3A, 5-7, 9, 18) for emitting airflow into the region; and at least one air deflector (hotplates) disposed along at least one of the first arm and the second arm, the air deflector being configured to deflect at least some of the airflow out of the region (the hotplates deflect the air towards the air outlet and bristles 43), each of the first and second arms comprises a leading edge (longitudinally extending outer edge near hotplates), past which hair enters the region while the hair is being pulled through the hair styling appliance in use, and a trailing edge (longitudinally extending edge near 43) past which hair leaves the region while the hair is being pulled through the hair styling appliance when in use, wherein the at least one air deflector (hotplates) is disposed closer to the leading edge (Refer to Figures 1-7, 9, 18-20).
Regarding claim 9, Mourad discloses each of the first and second arms comprises a leading edge (longitudinally extending edge near hotplates), past which hair enters the region while the hair is being pulled through the hair styling appliance in use, and a trailing edge longitudinally extending edge near 43), past which hair leaves the region while the hair is being pulled through the hair styling appliance in use, wherein the air outlet (outlet near 43) is disposed closer to the trailing edge than the leading edge.
Regarding claim 11, Mourad discloses a longitudinally extending heating element (air heating element) for heating the airflow before it is emitted from the air outlet (Refer to Figures 3A, 5-7 and 18).
Regarding claim 12, Mourad discloses each arm comprises the plenum, the air outlet, the air inlet and the air deflector (Refer to Figures 3A, 6, 7, 9 and 18).
Regarding claims 13 and 14, Mourad discloses the first and second arms are pivotably mounted to a base (48,62), wherein a fan unit (44,46) is disposed within the base.
Regarding claim 15, Mourad discloses a bellow (68) connecting the plenum to the fan unit (44,36) (Refer to Figures 9 and 14-15).
Claim 1-6, 10 and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weatherly et al. (GB 2586037).
Regarding claim 1, Weatherly et al. disclose a hair styling appliance (Refer to Figures 1-20) comprising: a first arm (14 or 16) and a second arm (other of 14 or 16) coupled together for reciprocal movement towards and away from each other, and arranged to receive hair within a region between each other; a plenum (15,17) disposed within at least one of the first arm and the second arm, the plenum comprising an air inlet (inlet near 34, Refer to Figure 8) for receiving airflow from a fan unit and an air outlet (outlet at 24, Refer to Figure 10) for emitting airflow into the region; and at least one air deflector (20a,22ab,and triangular structure adjacent 28 which redirect air into 28,19a, 21a OR 20b,22b,and triangular structure adjacent 28 which redirect air into 28,19b, 21b) disposed along at least one of the first arm and the second arm, the air deflector being configured to deflect at least some of the airflow out of the region (Refer to Figure 10), wherein each of the first and second arms comprises a leading edge (one of the edges near D3 or D4 depending on how the device is oriented with respect to the user’s hair) past which hair enters the region while the hair is being pulled through the hair styling appliance when in use, and a trailing edge (other of the edges near D3 or D4) past which hair leaves the region while the hair is being pulled through the hair styling appliance when in use, where the at least one air deflector (20a,22a when edge near D3 is the leading edge, 20b,22b when edge near D4 is the leading edge).
Regarding claim 2, Weatherly et al. disclose the at least one air deflector (structure adjacent channels 28 which redirect air) at least partly defines at least one duct (28,19a,19b,21a,21b,26) through which the airflow moves.
Regarding claim 3, Weatherly et al. disclose the duct (28,19a,19b,21a,21b,26) curves away from the region along at least a portion of its length (Refer to Figure 10).
Regarding claim 4, Weatherly et al. disclose the duct (28,19a,19b,21a,21b,26) converges, in cross section, in a downstream direction. As best shown in Figure 10, the cross section of the duct decreases from the portion at 21b toward 26, thereby the duct converges in a downstream direction.
Regarding claim 5, Weatherly et al. disclose the duct (28,19a,19b,21a,21b,26) is at least partly defined by an outer surface (outer surface of 16,18 defining 21a, 21b,26 and 19a,19b,26 respectively) of the at least one of the first arm and the second arm, disposed opposite the air deflector (Refer to Figure 10).
Regarding clam 6, Weatherly et al. disclose the outer surface (outer surface of 16,18 defining 21a,21b,26 and 19a,19b,26 respectively) curves, in transverse cross section, away from the region (Refer to Figure 10, outer surface curves and extends in a direction away from the region).
Regarding claim 10, Weatherly et al. disclose the plenum (15,17) extends longitudinally through the at least one of the first and second arms, and tapers, in cross section parallel to the plane of the hair within the region, along at a portion of its length (Refer to Figures 8-15).
Regarding claim 11, Weatherly et al. disclose a longitudinally extending heating element for heating the airflow before it is emitted from the air outlet (Refer to page 6 lines 10-17, page12 lines 14-16, page 14 lines 4-12 and page 27 lines 15-19).
Regarding claim 12, Weatherly et al. disclose each of the arms comprises the plenum, the air outlet, the air inlet, and the air deflector (Refer to Figures 8 and 10).
Regarding claim 13, Weatherly et al. discloses the first and second arms are pivotably mounted to a base (12, Refer to Figures 1 and 2).
Regarding claim 14, Weatherly et al. disclose a fan unit (38) is disposed within the base (Refer to Figures 4 and 5 and page 9 lines 20-23).
Regarding claim 15, Weatherly et al. disclose a bellow (30) connecting the plenum to the fan unit.
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 7, 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Weatherly et al. and Toyomi et al. (US 4430808).
Regarding claims 7 and 8, Weatherly et al. discloses the hair styling appliance of claim 5; however, Weatherly et al. does not provide at least one vane disposed between the outer surface and the air deflector, the at least one vane is angled and/or curved relative to a longitudinal axis of the at least one of the first and second arms, so as to deflect the airflow exiting the duct, in use, generally towards a tip of the hair styling appliance. Toyomi et al. disclose a similar hair styling device (Refer to Figures 1-11), where the device provides a series of apertures (16) on an outer surface of the device through which air exits, similar to the apertures (26) of Weatherly et al. Toyomi et al. explain that each aperture may be provided with a vane (17) extending at an angle from an surface of the device adjacent the aperture, so as to direct the airflow through the holes at an angle toward the tip of the device (slanted toward the tip (20) of the device, best shown by arrows extending through 16 in Figure 6). In this way, air exiting the device does not only travel in a lateral direction but is angled toward the tip of the device which prevents hot air from reaching a user’s hand. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventing to modify the device of Weatherly et al. so as to provide an angled vane with each aperture as taught by Toyomi et al. to ensure air flows through the apertures and is angled toward the tip of the device to prevent hot air from contacting the user’s hand.
Regarding claim 16, Weatherly et al. disclose a hair styling appliance (Refer to Figures 1-20) comprising: a first arm (14 or 16) and a second arm (other of 14 or 16) coupled together for reciprocal movement towards and away from each other, and arranged to receive hair within a region between each other; a plenum (15,17) disposed within at least one of the first arm and the second arm, the plenum comprising an air inlet (inlet near 34, Refer to Figure 8) for receiving airflow from a fan unit and an air outlet (outlet at 24, Refer to Figure 10) for emitting airflow into the region; and at least one air deflector (20a,22ab,and triangular structure adjacent 28 which redirect air into 28,19a, 21a OR 20b,22b,and triangular structure adjacent 28 which redirect air into 28,19b, 21b) disposed along at least one of the first arm and the second arm, the air deflector being configured to deflect at least some of the airflow out of the region (Refer to Figure 10); however, Weatherly et al. does not provide at least one vane disposed between the at least one air deflector and a surface of the at least one of the first arm and the second arm, opposite the ta least one air deflector, wherein the at least one vane is angled relative to a longitudinal axis of the at least one of the first and second arms. Toyomi et al. disclose a similar hair styling device (Refer to Figures 1-11), where the device provides a series of apertures (16) on an outer surface of the device through which air exits, similar to the apertures (26) of Weatherly et al. Toyomi et al. explain that each aperture may be provided with a vane (17) extending at an angle from a surface of the device adjacent the aperture, so as to direct the airflow through the holes at an angle toward the tip of the device (slanted toward the tip (20) of the device, best shown by arrows extending through 16 in Figure 6). In this way, air exiting the device does not only travel in a lateral direction but is angled toward the tip of the device which prevents hot air from reaching a user’s hand. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed inventing to modify the device of Weatherly et al. so as to provide an angled vane with each aperture as taught by Toyomi et al. to ensure air flows through the apertures and is angled toward the tip of the device to prevent hot air from contacting the user’s hand. The combination of Weatherly et al. and Toyomi et al. provide vanes disposed between the air deflector(s) and a surface of the first and second arms as the vanes extend internally in an area between the deflector(s) and a surface of the arms and are angled relative to the longitudinal direction in order to guide the air exiting the device.
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive.
Argument: Mourad does not provide the air deflector proximate to the leading edge. Air exiting the outlet 52 is deflected by a shroud 53 across the hair receiving surfaces 36 and 38, where the shroud is located at or near the trailing end of the appliance and airflow is directed through the styling region not out of the region.
Response: The hotplates form the air deflector and the hotplates are located proximate to the leading edge. The air deflector deflects at least some air out of the region as the air is forced through the bristle area and out of the device.
Argument: It is improper for the Office to take the position that the air deflector of Weatherly is the entire assembly structure connected to 20a, 20b, 22a, 22b and the triangular structures adjacent to 28. Structures 20a, 20b, 22a, 22b are heating plates, not deflectors. Only triangular elements near 28 are air deflectors and these elements are not located proximate to the leading edge
Response: Structures 20a, 20b, 22a, 22b form a barrier which does not permit the passage of airflow and deflects the airflow. Therefore, these structures also serve as air deflectors. Figure 10 of Weatherly clearly shows the airflow is redirected into 28 and out at D3,D4 as a result of the structural elements identified in the Office Action as air deflectors. Regarding the triangular elements near 28 alleged as not being proximate to the leading edge, the term proximate simply means close or near to and these triangular elements are close or near to the leading edge. The triangular elements may be disposed more centrally or medially but they are still disposed proximate to the leading edge. For example, when the leading edge is near D3, triangular elements between 24 and 20a,22a are proximate the leading edge, as by comparison, the triangular elements are closer to the leading edge than the trailing edge.
Argument: Regarding claim 6, Weatherly does not provide outer surfaces which curve in transverse cross section away from the region.
Response: Weatherly depicts the outer surfaces being curved in a transverse cross section, where the outer surface curves away from the region when moving from lateral ends toward a central apex portion.
Argument: Regarding claim 10, Weatherly does not disclose a plenum which tapers in cross section parallel to the plane of the hair within the region, along at a portion of its length.
Response: The plenums 15,17 are provided in the arms where each plenum extends longitudinally through the respective arms, and tapers in cross section parallel to the plane of the hair within the region, along at a portion of its length (Refer to Figures 8-15). The plenums have an oblong and elongated shape. As best shown in Figures 10 and 11, the plenums have a maximum height in a central portion and taper towards the sides, where this shape is largest near the proximal end and smallest near the distal end as best shown in Figures 7 and 8.
Argument: Regarding claim 8, neither Weatherly or Toyomi disclose the at least one vane is angled and/or curved relative to a longitudinal axis of the first or second arms, so as to deflect airflow exiting the duct, towards the tip of the hair styling appliance. Toyomi does not provide tabs 17 internally between a deflector and an opposite side wall. Toyomi’s tabs are not located within any arm structure. New claim 16 is similar to the subject matter of claim 8.
Response: In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Weatherly provides the arms, outer surface and deflector as required by the claims. Toyomi et al. is relied upon for the teaching of the angled vanes, where incorporating such angled vanes into the device of Weatherly results in the vanes being disposed between the deflector and the outer surface of the arm.
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.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799