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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites “two projections” where it is unclear if the two projections are the same or different from the “at least one projection” recited in claim 1. Additionally, it is unclear if “each flexible projection” refers to each projection of the two projections previously recited in claim 6, the “at least one projection” recited in claim 1 or a different projection. The same issue applies to “a projection on the second clamping member”.
Claim 7 recites “a flexible projection” where it is unclear if this projection is the same or different from the projection recited in claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dineen (US 20140130365).
Regarding claim 1, Dineen discloses a hair styling apparatus comprising: a first arm (housing portion of 382 and portions of 310A,310B to which 382 is coupled) and a second arm (housing portion of 384 and portions of 310A,310B to which 384 is coupled coupled) together for reciprocal movement towards and away from each other, and arranged to receive hair within a region between each other; a plenum (space through which airflows in first and second arms) disposed within at least one of the first arm and the second arm, the plenum comprising an air inlet (proximal portion receiving air from fan 330) for receiving airflow from an air outlet of a fan unit and an air outlet (distal portion of plenum emitting air through clamping members) for emitting airflow towards hair within the region; a hair clamp (distal portions of 382, 384 with hair treating surfaces collectively form a hair clamp) comprising a pair of clamping members (interior hair treating surfaces of 382, 384) for gripping hair therebetween, wherein each clamping member is supported by an inner wall of the first arm and an inner wall of the second arm, respectively, and at least one of the clamping members comprises at least one flexible projection (rows and/or individual bristle tufts) for guiding hair (Refer to Figures 1-9).
Regarding claim 2, Dineen discloses each clamping member is adapted to move relative to the arm upon which it is supported, between an extended position (open position shown in Figure 1) and a retracted position (closed position, shown in Figure 2), and the movement is biased towards the extended position (Refer to paragraph 0014).
Regarding claim 3, Dineen discloses each clamping member comprises a clamping face (surface from which bristles project) for contacting hair, and each projection (row of bristles or individual bristle tufts) is located on said clamping face (Refer to Figures 1-3, 7 and 8).
Regarding claim 4, Dineen discloses the respective pair of clamping members comprise faces (faces of interior hair treating surfaces of 382, 384) and, in the extended position, the distance between the pair of clamping faces is less than the distance between the inner wall (inner wall of upper-most portion of 382 which does not have bristles, best shown in Figures 1-3) of the first arm and the inner wall (inner wall of lower-most portion of 384 which does not have bristles) of the second arm.
Regarding claim 6, Dineen discloses the pair of clamping members comprise a first clamping member (exposed hair treating surface of 382) and a second clamping member (exposed hair treating surface of 384), and each of the first and second clamping members comprise two flexible projections (rows of bristles or individual bristle tufts), and each flexible projection on the first clamping member is positioned facing a projection on the second clamping member (Refer to Figures 1-3, 7 and 8).
Regarding claim 7, Dineen discloses each clamping member has an elongate form and comprises each clamping member comprises a flexible projection (individual bristle tufts at opposing ends of each clamping member) generally at each terminal end (Refer to Figures 1-3, 7 and 8).
Claims 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Beaumont (GB 2582559).
Regarding claim 1, Beaumont discloses a hair styling apparatus (Refer to Figures 1-12d) comprising; a first arm (12) and a second arm (14) coupled together for reciprocal movement towards and away from each other, and arranged to receive hair within a region between each other; a plenum (space through which accepts airflow from the fan unit and expels air toward a user’s hair) disposed within at least one of the first arm and the second arm, the plenum comprising an air inlet for receiving airflow from an air outlet of a fan unit and an air outlet for emitting airflow towards hair within the region; a hair clamp (clamp defined by inner portions of 22 where the users hair is disposed therebetween during use) comprising a pair of clamping members (clamping member formed by inner portions/surfaces of 22 of 12 and inner portions/surface of 22 of 14) for gripping hair therebetween, wherein each clamping member is supported by an inner wall of the first arm and an inner wall of the second arm, respectively, (as best shown in Figures 8a-8d) and at least one of the clamping members comprises at least one flexible projection (68,70,71,86,88,98,100 including unlabeled spring/biasing element, Refer to Figures 7a-7c, 8c, 8d, 9a and 9d) for guiding hair.
Regarding claim 2, Beaumont discloses each clamping member is adapted to move relative to the arm upon which it is supported, between an extended position and a retracted position, and the movement is biased towards the extended position. As best shown in Figures 8c and 8d, at least a portion of each of the clamping members is spring biased to the extended position and when force is applied, the spring may be compressed to move at least a portion of the clamping members into a retracted position.
Regarding claim 3, Beaumont discloses each clamping member comprises a clamping face (face/surface which contacts the hair) for contacting hair, and each projection is located on said clamping face (projections 68,70,71 form part of the clamping face and are therefore located on the clamping face).
Regarding claim 4, Beaumont discloses in the extended position, the distance between the pair of clamping faces is less than the distance between the inner wall of the first arm (inner wall of 12, best shown in Figures 7c, 8a, 8b, 8c and 8d) and the inner wall of the second arm (inner wall of 14, best shown in Figures 7c, 8a, 8b, 8c and 8d). The distance between the inner walls of the first and second arms is greater than the distance between the clamping faces.
Regarding claim 5, Beaumont discloses each projection comprises a planate member formed from a resiliently deformable material (Refer to Figures 7a-7c, 8c and 8d and paragraphs 0066-0067).
Regarding claim 6, Beaumont discloses the pair of clamping members comprises a first clamping member and a second clamping member, each of the first clamping member and the second clamping member comprises two flexible projections (98/100, where Beaumont explains a pair of projections may be provided at the top and bottom sides of the device, i.e. one pair at the top and one pair at the bottom, meaning each clamping member has two projections Refer to paragraphs 0077-0078), and each flexible projection on the first clamping member is positioned facing a projection on the second clamping member (Refer to Figure 9d).
Claim 6 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mourad (US 9012813).
Regarding claim 6, Mourad discloses a hair styling apparatus comprising; a first arm (32) and a second arm (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 (space/passageway 16,42 through which air travel from inlet to outlet) disposed within at least one of the first arm and the second arm, the plenum comprising an air inlet (inlet near 48, 44 through which air enters device) for receiving airflow from an air outlet of a fan unit and an air outlet (24, 52, outlet between plates and clamping members 43, outlet on sides of round brushes) for emitting airflow towards hair within the region; a hair clamp (clamp formed by clamping members 14,43, round brushes, 36,38,43 on each arm) comprising a pair of clamping members for gripping hair therebetween, wherein each clamping member is supported by an inner wall of the first arm and an inner wall of the second arm, respectively, and at least one of the clamping members comprises at least one flexible projection (43) for guiding hair, wherein, the pair of clamping members comprises a first clamping member (one of 14,43, round brushes, 36,38,43 on each arm) and a second clamping member (other of 14,43, round brushes, 36,38,43 on each arm), and each of the first clamping member and the second clamping member comprises two flexible projections (selected two of 43 of the first and second clamping member that are in alignment/facing one another), and each flexible projection on the first clamping member is positioned facing a projection on the second clamping member (Refer to Figures 1-22).
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Argument: The clamping members are discrete structures and are supported on inner walls. They are not the arms themselves but discrete structures from the arms. Dineen discloses vents in the brush portions and airflow through those portions. Dineen does not disclose the claimed hair clamp arrangement within the arm region in which a pair of clamping members distinct from the arm structures to grip hair between them.
Response: In Dineen, the distal inner surfaces of 382, 384 which contact the hair are the hair clamping members, which is a discrete structure (e.g. discrete form the side and back surfaces, gripping portion or portions of 384, 382 located proximally with respect to the head portion). Under broadest reasonable interpretation of the claim language, the interpretation in the rejection of record anticipates the claim. If Applicant wishes for a narrower interpretation to be applied the claims must be amended accordingly.
Argument: Regarding claim 2, Dineen does not disclose each clamping member is adapted to move relative to the arm upon which it is supported.
Response: As explained in the rejection, portions 310A and 310B form part of the arms. As shown in Figures 1 and 2, the clamping portions move but portions 310a and 310b of the arms do not move. Thus, the clamping members are adapted to move relative to a portion of the arms upon which they are supported.
Argument: With respect to claim 4, Dineen is completely silent on the distance between the upper and lower portions of 382, 384.
Response: Figure 1 shows the device in an open configuration. Each arm has an exterior surface and an inner wall therebelow, where the clamping members are supported by the inner walls. The inner walls have a height associated therewith and the distance between these inner walls is greater than the distance between the clamping surfaces as the clamping surfaces extend from the lowest or most-interior point of the inner walls.
Argument: Beaumont fails to provide all the required features of claim1 as Beaumont’s inner walls are the clamping members. Beaumont also fails to provide at least one flexible projection as claimed.
Response: The clamping members are the inner portions/surfaces of 22 of 12 and inner portions/surface of 22 of 14 which contact the hair. These clamping members are supported by inner walls on the first and second arms as best shown in Figures 8a-8d. The projections (68,70,71,86,88,98,100 including unlabeled spring/biasing element, Refer to Figures 7a-7c, 8c, 8d, 9a and 9d) are part of the clamping members. The biasing means of the projection are disclosed as silicone plugs or springs, meaning they are flexible; additionally, as the other portions of the projections are supported by these biasing means, they are also flexible (capable of being flexed, bending without breaking). The Abstract also describes the clamping member as being resiliently deformable, meaning it is flexible.
Argument: With respect to claim 4, Beaumont does not teachthe faces of the clamping members are closer than the inner walls of the respective arms.
Response: Figures 8a-8d shows the inner walls being further apart than the clamping members.
Argument: Regarding claim 6, Beaumont does not disclose two projections on each clamping surface.
Response: Beaumont states “A pair of shutters 98, 100 may be disposed at the top and bottom sides of the hair styling apparatus 10. Alternatively, a pair of shutters may be disposed at only the top side of the hair styling apparatus. In a further alternative, a single shutter may be disposed on the top side of the apparatus 10”. These alternative arrangements provide from a pair of shutters on the top and bottom sides (pair on each side), a pair on just one side (top side), and a single shutter on one side (top side).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patent documents disclose clamping members supported on inner walls of hair styling devices, where the clamping members include at least one flexible projection: US 8230868 (Refer to elements 40,40’,400-403), US 20100242985 (Refer to elements 15,25) and US 10912363 (Refer to elements 40, 44).
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 TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
Prosecution Insights