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
Applicant's claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or
under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with
one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as
follows:
This application makes reference to or appears to claim subject matter disclosed in Application No. 18/220,049, filed July 10, 2023. If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. If the application was filed before September 16, 2012, the specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76; if the application was filed on or after September 16, 2012, the specific reference must be included in an ADS in compliance with 37 CFR 1.76. For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.
If the instant application is a utility or plant application filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. If the application is a national stage application under 35 U.S.C. 371, the specific reference must be submitted during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application. See 37 CFR 1.78(a)(4) for benefit claims under 35 U.S.C. 119(e) and 37 CFR 1.78(d)(3) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c). This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c). A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)). The petition must be accompanied by (1) the reference required by 35 U.S.C. 120 or 119(e) and by 37 CFR 1.78 to the prior application (unless previously submitted), (2) the applicable petition fee under 37 CFR 1.17(m)(1) or (2), and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m)(1) or (2) are not required. Applicant is still required to submit the reference in compliance with 37 CFR 1.78 by filing an ADS in compliance with 37 CFR 1.76 with the reference (or, if the application was filed before September 16, 2012, by filing either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76). See MPEP § 211.02.
Response to Arguments
Applicant’s arguments, see Remarks, section 1 of the Office Action, filed 01/23/2026, with respect to the drawings have been fully considered and are persuasive. The objection of the drawings has been withdrawn.
Applicant’s arguments, see Remarks, section 2 of the Office Action, filed 01/23/2026, with respect to claim(s) 10 and 11 have been fully considered and are persuasive. The 35 U.S.C 112b rejections of claim(s) 10 and 11 have been withdrawn.
Applicant’s arguments, see Remarks, section 3 of the Office Action, filed 01/23/2026, with respect to claim(s) 1 – 5, 10 and 11 have been fully considered and are persuasive. The 35 U.S.C 103 rejections of claim(s) 1-5, 10 and 11, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2), have been withdrawn.
The amendment of claim 1 to incorporate limitations originally in claim 8 renders the above rejection moot, however, the new amendment of claim 1 necessitates new grounds of rejection without the introduction of new prior arts than previously cited in the last office action mailed 10/28/2025, nor a new search. The amended claim 1 contains all the limitations of claim 8 (2/22/2024) previously rejected under 35 U.S.C 103, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and further in view of Simon (US 11,707,130 B2). Thus, the amended claim 1 in its current state would also be rejected under 35 U.S.C 103, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and further in view of Simon (US 11,707,130 B2). Furthermore, subsequent claims directly/indirectly dependent on the amended claim 1 would be examined to incorporate the new ground of rejection.
Applicant’s arguments, see Remarks, section 4 of the Office Action, filed 01/23/2026, with respect to claim(s) 5 and 6 have been fully considered and are persuasive. The 35 U.S.C 103 rejections of claim(s) 5 and 6, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and further in view of Kennedy et al. (US 6,318,378 B1), have been withdrawn.
By virtual of indirect dependency on the amended claim 1 which is now rejected under 35 U.S.C 103, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and further in view of Simon (US 11,707,130 B2), claim(s) 5 and 6 is now rejected under 35 U.S.C 103, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and Simon (US 11,707,130 B2) and further in view of Kennedy et al. (US 6,318,378 B1).
Applicant’s arguments, see Remarks, section 5 of the Office Action, filed 01/23/2026, with respect to claim(s) 7 have been fully considered and are persuasive. The 35 U.S.C 103 rejections of claim(s) 7, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and further in view of Fishman (US 5,488,963), has been withdrawn.
By virtual of direct dependency on the amended claim 1 which is now rejected under 35 U.S.C 103, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and further in view of Simon (US 11,707,130 B2), claim(s) 7 is now rejected under 35 U.S.C 103, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and Simon (US 11,707,130 B2) and further in view of Fishman (US 5,488,963).
Applicant’s arguments, see Remarks, section 6 of the Office Action, filed 01/23/2026, with respect to claim(s) 8 have been fully considered and are persuasive. The 35 U.S.C 103 rejections of claim(s) 8, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and further in view of Simon (US 11,707,130 B2), has been withdrawn because claim(s) 8 has been canceled.
Regarding the amended claim 1 and the canceled claim 8, the applicant further argues “The rejection relies exclusively on Simon as to the processor, activation switch, and speed controls. However, the rejection mischaracterizes the nature of the Simon device overly generally as a personal care appliance. It is respectfully submitted that this is a vague generalization which improperly attempts to bootstrap otherwise irrelevant structures as the Simon device is a cleaning head having nothing whatsoever to do with the twisting or braiding of hair. As such, there is no reason why one of ordinary skill in the art would look to a cleaning head for modification of a hair braiding device but for improper hindsight in view of the disclosure of the present application.”
The above applicant’s arguments have been considered and are not persuasive. The examiner respectively rejects the applicant’s assertion that the device of Simon is a vague generalization and hence irrelevant to the claimed invention. The examiner submits that Simon teaches a personal care device (22 Figs. 6 and 7; Col. 4 lines 10 – 20), to which the invention of Simon “a cleaning head (100 Fig. 6)” can be attached (Col. 5 lines 4 -10). Furthermore, the cleaning head (100 Fig. 6) was not relied upon for the 35 U.S.C 103 rejections of claim(s) 8 rather the detailed disclosure of a personal device (22 Figs. 6 and 7) comprising a processor configured to control the delivery of power from the source to the motor when activated via the activation switch, and selective mode control of the appliance (see the 35 U.S.C 103 rejections of claim(s) 8 in the Non-Final Rejection Office Action mailed 10/28/2025). Thus, it is the examiner’s assertion that the personal care device of Simon is relevant to the claimed invention (hair braiding device), which is also a personal care device.
Applicant’s arguments, see Remarks, section 7 of the Office Action, filed 01/23/2026, with respect to claim(s) 9 have been fully considered and are not persuasive. The 35 U.S.C 103 rejections of claim(s) 9, as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and Simon (US 11,707,130 B2) and further in view of Liam et al. (WO 2023/187427 A2) is sustained.
The claimed invention of the amended claim 1 is substantially disclosed as modified, by Lee et al./Longoria et al./Simon. Liam et al. when combined with Lee et al./Longoria et al./Simon further teaches the limitation of claim 9 as amended.
Applicant’s arguments, see Remarks, section 8 of the Office Action, filed 01/23/2026, with respect to claim(s) 12 have been fully considered and are not persuasive. The applicant fails to address the substance of the rejection thus, the rejection of claim 12 as detailed in the Non-Final Rejection Office Action (10/28/2025) is sustained.
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.
Claim(s) 1-5, 10, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and further in view of Simon (US 11,707,130 B2).
Regarding claim 1, Lee et al. discloses a hair braiding device comprising:
a housing (outlined in Fig. 2 attached below), the housing defining an orifice (C1 and C2) which extends into the housing (see Fig. 8);
a motor (1) mounted in the housing, the motor being operable to rotate an output shaft of the motor (Col. 3 lines 19 -23, describes a shaft of the motor (1) to which a driving gear is connected, and that motor (1) drives a set of driven gears. Thus, the motor (1) is operable to rotate the shaft of the motor (1)),
a braiding mechanism (outlined in Fig. 8 attached below) being operably coupled to the output shaft of the motor (Col. 3 lines 18 - 23, describes a driving gear (7) which is an element of the braiding mechanism, connected to a shaft of the motor 1) the braiding mechanism being mounted in the orifice of the housing (Fig. 8 show an exploded view for the braiding mechanism assembly (outlined) and the extension of the orifice of the housing wherein the braiding mechanism is mounted, as further illustrated in Fig. 2), the braiding mechanism comprising a plurality of hair couplers (elements 100 and 50; Col. 2 lines 44 - 51, discloses three hair grabbing members (100) depicted in Figs. 1A and B, configured to be fitted in carriers (50 or 60 or 70) (abstract and Fig. 2); for clarity, examiner would reference carriers as element 50) being configured to move along a figure-eight path when the motor is activated (Col. 2 lines 44 - 51), each hair coupler of the plurality of hair couplers being configured to attach to a tuft of hair (Col. 2 lines 44 - 51, discloses three hair grabbing
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members (100), each accommodating a bunch of hair).
Lee et al. does not teach the motor being operable to rotate the output shaft alternately in a first rotational direction and a second rotational direction opposite from the first rotational direction.
In the same field of endeavor, Longoria et al. teaches a hair styling system comprising a motor configured to drive the driving gear in a first direction and a second direction (abstract). Longoria et al. further teaches that the motor has an output shaft (223, Fig. 3A).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motor disclosed by Lee et al. to include a first directional rotation and a second directional rotation disclosed by Longoria et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a motor that can rotate in a first direction to perform a first styling operation or in a second direction to perform a second styling operation, as suggested by Longoria et al.
Furthermore, Lee et al. is silent regarding the hair braiding device of claim 1 further comprising:
a processor being operatively coupled to the motor;
an activation switch being operatively coupled to the processor, the activation switch being actuatable to selectively activate the motor to rotate the output shaft in the first rotational direction or the second rotational direction; and
a speed control being operatively coupled to the processor, the speed control being actuatable to select a speed of rotation of the motor.
Longoria et al. further teaches a hair styling system comprising an activation switch (220) being actuatable to selectively activate the motor (216, Fig. 3B) to rotate the output shaft (223, Fig. 3B) in the first rotational direction or the second rotational direction (Col. 9 lines 32 - 35).
It would have been obvious to one of ordinary skill in the art before the effective filing date, to modify the device of Lee et al. to include an activation switch actuatable to selectively activate the motor to rotate the output to a first or a second rotational directions, as taught by Longoria et al. One of ordinary would have been motivated to make this modification in order to enhance the versatility of the motor in rotating the output shaft in a first direction and in a second direction, as suggested by Longoria et al., instead of a unidirectional rotating motor.
In the same field of endeavor, Simon teaches a personal care appliance (22 Figs. 6 and 7) comprising:
a processor (34, Fig. 7) being operatively coupled to the motor (30, Fig. 7);
an activation switch (36, Fig. 6) being operatively coupled to the processor (Col. 4 lines 28 - 30: element 36 enables user to selectively deliver power from the power storage source (32, Fig. 7) to the drive motor assembly (30, Fig. 7) and as depicted in Fig. 7, a processor (34) is between elements 32 and 30 thus, element 36 must be operatively coupled to element 34 to complete the function of delivering power from element 32 to element 30), and
a speed control (38, Fig. 6) being operatively coupled to the processor (Col. 4 lines 30 - 34), the speed control being actuatable to select a speed of rotation of the motor (38, Fig. 6: elements 38 as depicted in Fig. 6 acts to either increase or decrease oscillation by the drive motor; Col. 4 lines 30 - 34).
It would have been obvious to one skilled in the art before the effective filing date to modify the device of Lee et al. to include a processor operatively coupled to the motor, and an activation switch and a speed control operatively coupled to the processor, as taught by Simon. One of ordinary skill in the art would have been motivated to make these modifications in order to make a more efficient device with processor configured to control the delivery of power from the power source to the motor when activated via the activation switch, and selective mode control of the appliance, as suggested by Simon.
Regarding claim 2, Lee et al./Longoria et al./Simon as modified discloses the claimed invention substantially as set forth in claim 1. Regarding claim 2, Lee et al. further teaches a hair braid device wherein the braiding mechanism (outlined in Fig. 8) further comprises:
an input shaft (shaft of power transmission labeled in Fig. 5; alternatively, a part of the shaft connected to motor may serve as input shaft) being coupled to and being axially aligned with the output shaft (Col. 3 lines 19 - 21; the examiner interprets this as the shaft of power transmission (Fig. 5) of the driving gear being axially connected to a shaft of the motor 1) wherein the output shaft urges the input shaft to rotate with respect to the housing when the output shaft rotates (Col. 5 lines 55 - 58);
a drivetrain (outlined in Fig. 5, attached below) being operatively coupled to the input shaft (shaft of power transmission labeled in Fig. 5 is coupled to element 7 (driving gear) as shown in Fig. 5), the drivetrain including a pair of output gears (rotors 30 and 40, Fig. 5; the examiner interprets the pair of rotors 30 and 40 (comprising a pair of driven gears (31 and 41), and a pair of fingers (32 and 42) which is formed in one body coaxially on the driven gears (Col. 3 lines 8 - 17)) as the output gears), the pair of output gears being equal in size and having axes which are oriented parallel to each other (Col. 3 lines 8 - 19; Fig.5 shows that the axes of 30 and 40 are parallel to each other (see attached fig below)), the pair of output gears being enmeshed with each other such that the pair of output gears rotate in opposite directions from each other (Fig. 5; Col. 3 lines 18 - 19; the driven gears (31 and 41) which makes up the rotors (30 and 40) mesh each other to rotate in opposite directions), a front side of each output gear of the pair of output gears facing outwardly away from the housing (Fig. 8 shows exploded view of the braiding mechanism assembly with the front sides of rotors 30 and 40 facing C1 and C2 and outwardly from the house), each output gear of the pair of output gears defining a plurality of cavities (tree recesses (32a(42a)); Fig. 5, Col. 3 lines 15 - 16)) in the front side of the output gear (Fig. 5 and Fig. 8), the plurality of cavities of each output gear of the pair of output gears being radially arranged with respect to the output gear (the tree recesses (32a (42a)) are equally spaced on the periphery (circumference) of the rotors 30 and 40); Col. 3 lines 8 - 17), each cavity of the plurality of cavities being open at a perimeter of the output gear (Fig. 5);
wherein each hair coupler of the plurality of hair couplers is positioned in one of the cavities of the plurality of cavities of one of the output gears of the pair of output gears (Col. 3 lines 28 - 32; the carriers (50) for the hair grabbing members (100) are carried by the recesses (32a(42a)); and
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a track (guide plate (4); Figs. 2 and 3) being spaced forwardly of the pair of output gears (Fig. 2; element 4 spaced forwardly of the pair of output gears (30 and 40), the track engaging the plurality of hair couplers (Figs. 2 and 4 shows the carriers for the hair grabbing members (100) engaging guide plate (4); Col. 3 lines 28 - 32), the track being shaped to guide the plurality of hair couplers along the figure-eight path (Fig. 8; Col. 2 lines 57 - 59), the track guiding the plurality of hair couplers to be passed between the pair of output gears (Col. 4 lines 2 - 8).
Regarding claim 3, Lee et al./Longoria et al./Simon as modified discloses the claimed invention substantially as set forth in claim 2. Regarding claim 3, Lee et al. further teaches each hair coupler (elements 100 and 50) further comprises:
a rod (52 (62, 72) Fig. 6; examiner interprets element 52 in Fig.6 as a rod) positioned in the one cavity (Col. 3 lines 34 - 37) and protruding out of the one cavity beyond the front side of the one output gear (element 52 of element 50 protrudes out of recess 32a beyond the front side of the one output gear (rotor 30); see Fig. 2 attached below);
a track engagement member (outlined in Fig. 6, attached below) being coupled to the rod opposite the one output gear, the track engagement member comprising:
a cam (53(63, 73); Fig. 6)), the cam being elongated in an elongation direction which is perpendicular to the rod (see Fig. 6, element 53 is elongated direction which is perpendicular to element 52); and
a pair of shoulders (base of element 54 and top of element 52; Figs. 6 and 8) being coupled to the cam (see Fig. 6), the pair of shoulders being positioned opposite each other across the cam (see Fig. 6);
wherein the track defines a groove having a figure-eight shape (see Fig. 4), the plurality of hair couplers being slidable along the groove, the track guiding each hair coupler of the plurality of hair couplers to move from the one cavity of the one output gear to another cavity of another gear when the hair coupler crosses through a central portion of the figure-eight shape (Col. 3 lines 24 -27: As shown in FIG. 5, the rotor 30 (40) is disposed coaxially in the center of the circular opening C1 (C2) and arranged in such a manner that when the two opposed recesses 32a and 42a meet they form a substantially full circle (this is the central portion of the figure-eight shape as further depicted in Fig. 4); Col. 4 lines 1 - 8: element 50 of the hair couplers (elements 100 and 50) is fully taken over from the left recess (32a) (one cavity) to the right recess (42a) to achieve a smooth figure- eight motion around the crossover point), the cam of the track engagement member of each hair coupler of the plurality of hair couplers being positioned in the groove (see Fig. 6; element 53 is positioned in the groove of the track (4)), the pair of shoulders of the track engagement member of each hair coupler of the plurality of hair couplers being positioned opposite each other across
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the track (see Fig. 6).
Regarding claim 4, Lee et al./Longoria et al./Simon as modified discloses the claimed invention substantially as set forth in claim 3. Regarding claim 4, Lee et al. further teaches that the cam (53) has an elliptical outer surface with a major axis extending in the elongation direction (Col. 3 lines 45 - 47: element 53 having an oval-like cross -section encircled with two symmetrically opposed sidewalls).
Regarding claim 5, Lee et al./Longoria et al./Simon as modified discloses the claimed invention substantially as set forth in claim 2, except wherein the braiding mechanism is removable from the housing and the output shaft. However, Lee et al. further teaches the braiding mechanism comprising a connector (a reduction gear; Col. 3 lines 20 - 21) being coupled to the output shaft of the motor (a shaft of the motor 1; Col. 3 lines 20 - 21) and the input shaft of the braiding mechanism (Fig. 5; the shaft of power transmission of element 7 of the braiding mechanism), the connector comprising a first interlocking member coupled to the output shaft and a second interlocking member coupled to the input shaft, the first interlocking member and the second interlocking member mating with each other to couple the output shaft to the input shaft (element 7 (with a shaft of power transmission, (see Fig. 5); interpreted by the examiner as the input shaft) of the driving mechanism is connected to the shaft of the motor through a reduction gear (a connector) (Col. 3 lines 20 - 21). It is foundational knowledge in the field that reduction gear comprises two or more gears with interlocking members that can mate with each other. Using the broadest reasonable interpretation, the examiner interprets the connector (a reduction gear) taught by Lee et al. to comprise a first interlocking member coupled to the end of the shaft of transmission power pointing away from element 7 and a second interlocking member coupled to the end of the shaft of the motor, pointing away from the motor 1; wherein the first interlocking member mates with the seconding interlocking member to connect element 7 to the shaft of the motor 1).
In the same field of endeavor, Longoria et al. further teaches a hair styling system configured to interchangeably receive a plurality of styling modules (abstract). Longoria et al. further teaches the braiding mechanism (styling modules (303a, Fig. 5)) is removable from the housing (302, Fig. 5) and the output shaft (309c, Fig. 5)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention have modified the braiding mechanism disclosed by Lee et al. to be removable from the housing and the output shaft, as taught by Longoria et al. One of ordinary skill in the art would have been motivated to make this modification in order to allow for a plurality of different braiding mechanisms configured to engage with the output shaft and create distinct styling operations, as suggested by Longoria et al.
Regarding claim (s) 10 and 11, Lee et al. discloses the claimed invention substantially as claimed, as set forth above for claim 3. Lee et al. further discloses each hair coupler (elements 100 and 50) of said plurality of hair couplers comprises a hair engagement device which is coupled to the track engagement member (outlined in Fig 6 attached on this document) opposite the rod (52). However, Lee et al. is silent regarding the hair engagement device being a hook. Lee et al. is further silent regarding claim 11, wherein the hook is biased toward the track
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engagement member in a clamping fashion.
In the same field of endeavor, Longoria et al. teaches a hair styling system and apparatus comprising grabbers (342a, 342b) with hooks (355a, 355b) that is biased toward slots (356a, 356b) in a clamping fashion (see Fig. 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have element 100 of the hair couplers (elements 100 and 50) disclosed by Lee et al. be configured with hooks that are biased downward, as taught by Longoria et al., toward the track engagement member. One of ordinary skill in the art would have been motivated to make this modification in order to make the hair couplers to effectively hook locks of hair, as suggested by Longoria et al.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and Simon (US 11,707,130 B2) and further in view of Kennedy et al. (US 6,318,378 B1).
Lee et al. in view of Longoria et al. and Simon discloses the claimed invention substantially as claimed, as set forth above for claims 1, 2 and 5. Lee et al./Longoria et al./Simon is silent regarding the first interlocking member having internal teeth which mesh with external teeth of the second interlocking member to couple the output shaft to the input shaft.
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In the same field of endeavor, Kennedy et al. teaches a hair styling device comprising a first interlocking member having internal teeth (element 20 in Fig. 3 attached below) which mesh with external teeth of the second interlocking member (element 40 Fig. 3 and Fig. 2) to couple the output shaft (36 Fig. 2 and Fig. 8; the manual set up shown in Fig. 2 can be substituted with an electrical motor 74 as shown in Fig. 8, and said electrical motor 74 having an output shaft 36 ) to the input shaft (38 (Figs. 2 and 8) or any suitable mounting structure (Col. 4 lines 62 - 64)).
It would have been obvious to one skilled in the art before the effective filing date to modify the device of Lee et al. to comprise a first interlocking member with internal teeth which mesh with the external teeth of a second interlocking member to couple the output shaft to the input shaft. One skilled in the art would have been motivated to make this modification in order to effectively couple the input shaft to the output shaft so that the rotation of the output shaft imparts the rotation of the second interlocking member coupled to the input shaft as suggested by Kennedy et al.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2) and Simon (US 11,707,130 B2) and further in view of Fishman (US 5,488,963).
Lee et al./Longoria et al./Simon as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Lee et al. is silent regarding claim 7, wherein the housing is elongated between a first end and a second end, the orifice being positioned on the first end of the housing, further comprising a grip being coupled to and extending away from the housing, the grip being oriented perpendicularly to the housing, the grip being positioned adjacent to a second end of the housing.
In the same field of endeavor, Fishman teaches a hair twisting apparatus wherein the housing (12) is elongated between a first end (34) and a second end (82), the orifice being positioned on the first end of the housing (see Fig. 3; the base portion (46) of the jaw assembly (16) sits in the orifice positioned on the first end (34)), further comprising a grip (32) being coupled to and extending away from the housing (see Figs. 1 and 2), the grip (32) being oriented perpendicularly to the housing (see Figs. 1 and 2), the grip (32) being positioned adjacent to a second end (82) of the housing (see Fig. 1).
It would have been obvious to one having skill in the art before the effective filing dates to have the device of Lee et al. made in the shape taught by Fishman to have a housing elongated between two ends, an orifice at the first end, a grip projecting perpendicularly away from the housing, and adjacent to the second end. One of ordinary skill in the art would have been motivated to make this modification in order make a well-defined handle portion configured to be held in a hand of a user as suggested by Fishman.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 6,520,187B1) in view of Longoria et al. (US 9,060,582 B2) and Simon (US 11,707,130 B2), and further in view of Liam et al. (WO 2023/187427 A2).
Lee et al./Longoria et al./Simon as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Lee et al./Lattanzi et al./Simon are silent regarding a power cord being electrically coupled to the processor, the power cord being configured to electrically couple to an electrical power source.
Liam et al. teaches an apparatus and methods for drying or styling hair comprising a power cord (element 164 Fig. 11a, typically connects to a power supply (element 38 Fig. 1c)) being electrically coupled to the processor (62 Fig. 1c; page 12 lines 31 - page 13 line 2), the power cord being configured to electrically couple to an electrical power source (page 37 lines 30 - 31).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Lee et al. be configured with a power cord operatively coupled to a processor and the power cord being configured to electrically couple to an electrical source as taught by Liam et al. One of ordinary skill in the art would have been motivated to make this modification to have a power cord that can connect to an AC mains power supply to power the device as taught by Liam et al. in instances when device battery or power storage source is depleted.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 6,520,187 B1) in view of Longoria et al. (US 9,060,582 B2), Fishman (US 5,488,963), Simon (US 11,707,130 B2), Kennedy et al. (US6,318,378 and Liam et al. (WO 2023/187427 A2).
Lee et al. discloses a hair braider and auxiliary devices comprising:
a housing (outlined in Fig. 2 attached below), the housing defining an orifice (C1 and C2) which extends into the housing (see Fig. 8), the housing being elongated between a first end and a second end (see Fig. 2 attached below), the orifice being positioned on the first end of the housing (Figs. 8 and 3);
a motor (1) mounted in the housing (Fig. 2);
a braiding mechanism (outlined in Fig. 8 attached below) being operably coupled to the output shaft of the motor (Col. 3 lines 18 -23, describes a driving gear (7) which is an element of the braiding mechanism, connected to a shaft of the motor 1), the braiding mechanism being mounted in the orifice of the housing (Fig. 8 show an exploded view for the braiding mechanism assembly (outlined) and the extension of the orifice of the housing wherein the braiding mechanism is mounted, as further illustrated in Fig. 2), the braiding mechanism comprising:
an input shaft (shaft of power transmission labeled in Fig. 5; alternatively, a part of the shaft connected to motor may serve as input shaft) being coupled to and being axially aligned with the output shaft (Col. 3 lines 19 - 21; the examiner interprets this as the shaft of power transmission (Fig. 5) of the driving gear being axially connected to a shaft of the motor 1) wherein the output shaft urges the input shaft to rotate with respect to the housing when the output shaft rotates (Col. 5 lines 55 - 58);
a drivetrain being operatively (outlined in Fig. 5, attached below) coupled to the input shaft (shaft of power transmission labeled in Fig. 5 is coupled to element 7 (driving gear) as shown in Fig. 5), the drivetrain including a pair of output gears (rotors 30 and 40, Fig. 5; the examiner interprets the pair of rotors 30 and 40 (comprising a pair of driven gears (31 and 41), and a pair of fingers (32 and 42) which is formed in one body coaxially on the driven gears (Col. 3 lines 8 - 17)) as the output gears), the pair of output gears being equal in size and having axes which are oriented parallel to each other (Col. 3 lines 8 - 19; Fig.5 shows that the axes of 30 and 40 are parallel to each other), the pair of output gears being enmeshed with each other such that the pair of output gears rotate in opposite directions from each other (Fig. 5; Col. 3 lines 18 - 19; the driven gears (31 and 41) which makes up the rotors (30 and 40) mesh each other to rotate in opposite directions), a front side of each output gear of the pair of output gears facing outwardly away from the housing (Fig. 8 shows exploded view of the braiding mechanism assembly with the front sides of rotors 30 and 40 facing C1 and C2 and outwardly from the house), each output gear of the pair of output gears defining a plurality of cavities (tree recesses (32a(42a)); Fig. 5, Col. 3 lines 15 - 16)) in the front side of the output gear (Fig. 5 and Fig. 8), the plurality of cavities of each output gear of the pair of output gears being radially arranged with respect to the output gear (the tree recesses (32a (42a)) are equally spaced on the periphery (circumference) of the rotors 30 and 40); Col. 3 lines 8 - 17), each cavity of the plurality of cavities being open at a perimeter of the output gear (Fig. 5);
a plurality of hair couplers (elements 100 and 50; Col. 2 lines 44 - 51, discloses three hair grabbing members (100) depicted in Figs. 1A and B, configured to be fitted in carriers (50 or 60 or 70) (abstract and Fig. 2); for efficiency, examiner would reference carriers as element 50), each hair coupler of the plurality of hair couplers being positioned in one of the cavities of the plurality of cavities of one of the output gears of the pair of output gears (Col. 3 lines 28 - 32; the carriers (50) for the hair grabbing members (100) are carried by the recesses (32a(42a)), each hair coupler comprising:
a rod (52 (62, 72); Fig. 6; examiner interprets element 52 on Fig. 6 as a rod) positioned in the one cavity (Col. 3 lines 34 - 37) and protruding out of the one cavity beyond the front side of the one output gear (element 52 of element 50 protrudes out of recess 32a beyond the front side of the one output gear (rotor 30); see Fig. 2 attached below);
a track engagement member (outlined in Fig. 6, attached below) being coupled to the rod opposite the one output gear, the track engagement member comprising:
a cam (53(63, 73); Fig. 6)), the cam being elongated in an elongation direction which is perpendicular to the rod (see Fig. 6, element 53 is elongated direction which is perpendicular to element 52), the cam having an elliptical outer surface with a major axis extending in the elongation direction (Col. 3 lines 45 - 47: element 53 having an oval-like cross -section encircled with two symmetrically opposed sidewalls); and
a pair of shoulders (base of element 54 and top of element 52; Figs. 6 and 8) being coupled to the cam (see Fig. 6), the pair of shoulders being positioned opposite each other across the cam (see Fig. 6); and
a track (guide plate (4); Figs. 2 and 3) being spaced forwardly of the pair of output gears (Fig. 2; element 4 spaced forwardly of the pair of output gears (30 and 40)), the track engaging the plurality of hair couplers (Figs. 2 and 4 shows the carriers (element 50) for the hair grabbing members (100) engaging guide plate (4); Col. 3 lines 28 - 32), the track defining a groove having a figure-eight shape (see Fig. 4), the plurality of hair couplers being slidable along the groove, the track guiding each hair coupler of the plurality of hair couplers to move from the one cavity of the one output gear to another cavity of another gear when the hair coupler crosses through a central portion of the figure-eight shape (Col. 3 lines 24 -27: As shown in FIG. 5, the rotor 30 (40) is disposed coaxially in the center of the circular opening C1 (C2) and arranged in such a manner that when the two opposed recesses 32a and 42a meet they form a substantially full circle (this is the central portion of the figure-eight shape as further depicted in Fig. 4); Col. 4 lines 1 - 8: element 50 of the hair couplers (elements 100 and 50) is fully taken over from the left recess (32a) (one cavity) to the right recess (42a) to achieve a smooth figure- eight motion around the crossover point), the cam of the track engagement member of each hair coupler of the plurality of hair couplers being positioned in the groove (see Fig. 6; element 43 is positioned in the groove of the track (4)), the pair of shoulders of the track engagement member of each hair coupler of the plurality of hair couplers being positioned opposite each other across the track (see Fig. 6);
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a connector (a reduction gear; Col. 3 lines 20 - 21) being coupled to the output shaft (a shaft of the motor 1; Col. 3 lines 20 - 21) of the motor and the input shaft of the braiding mechanism (Fig. 5; the shaft of power transmission of element 7 of the braiding mechanism; Col. 3 lines 20 - 21), the connector comprising a first interlocking member coupled to the output shaft and a second interlocking member coupled to the input shaft (element 7 (with a shaft of power transmission, (see Fig. 5); interpreted by the examiner as the input shaft) of the driving mechanism is connected to the shaft of the motor through a reduction gear (a connector) (Col. 3 lines 20 - 21) (It is foundational knowledge in the field that reduction gear comprises two or more gears with interlocking members that can mate with each other. Using the broadest reasonable interpretation, the examiner interprets the connector (a reduction gear) taught by Lee et al. to comprise a first interlocking member coupled to the end of the shaft of transmission power pointing away from element 7 and a second interlocking member coupled to the end of the shaft of the motor, pointing away from the motor 1; wherein the first interlocking member mates with the seconding interlocking member to connect element 7 to the shaft of the motor 1).
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Lee et al. is silent regarding the motor being operable to rotate an output shaft of the motor alternately in a first rotational direction and a second rotational direction opposite from the first rotational direction; a hook being coupled to the track engagement member opposite the rod, the hook being biased toward the track engagement member in a clamping fashion; the braiding mechanism being removable from the housing and the output shaft; the first interlocking member having internal teeth which mesh with external teeth of the second interlocking member to couple the output shaft to the input shaft; a grip being coupled to and extending away from the housing, the grip being oriented perpendicularly to the housing, the grip being positioned adjacent to a second end of the housing; a processor being operatively coupled to the motor; an activation switch being operatively coupled to the processor, the activation switch being actuatable to selectively activate the motor to rotate the output shaft in the first rotational direction or the second rotational direction, the activation switch comprising a trigger positioned on the grip; a speed control being operatively coupled to the processor, the speed control being actuatable to select a speed of rotation of the motor, the speed control being mounted to the grip; and a power cord being electrically coupled to the processor, the power cord being configured to electrically couple to an electrical power source.
In the same field of endeavor, Longoria et al. teaches a hair styling system comprising a motor configured to drive the driving gear in a first direction and a second direction (abstract). Longoria et al. further teaches that the motor has an output shaft (223 Fig. 3A).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the motor disclosed by Lee et al. to rotate in a first rotational direction and a second rotational direction, as taught by Longoria et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a motor that can rotate in a first direction to perform a first styling operation or in a second direction to perform a second styling operation, as suggested by Longoria et al.
Longoria et al. further teaches a hair styling system and apparatus comprising grabbers (342a, 342b) with hooks (355a, 355b) that is biased toward slots (356a, 356b) in a clamping fashion (see Fig. 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have element 100 of the hair couplers (elements 100 and 50) disclosed by Lee et al. be configured with hooks that are biased downward as taught by Longoria et al., toward the track engagement member. One of ordinary skill in the art would be have been motivated to make this modification in order to impact the hair couplers to effectively hook locks of hair as suggested by Longoria et al.
Longoria et al. further teaches a hair styling system configured to interchangeably receive a plurality of styling modules (abstract). Longoria et al. teaches the braiding mechanism (styling modules (303a, Fig. 5)) is removable from the housing (302, Fig. 5) and the output shaft (309c, Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention have modified the braiding mechanism disclosed by Lee et al. to be removable from the housing and the output shaft, as taught by Longoria et al. One of ordinary skill in the art would have been motivated to make this modification in order to allow for a plurality of different braiding mechanisms configured to engage with the output shaft and create distinct styling operations, as suggested by Longoria et al.
In the same field of endeavor, Kennedy teaches a hair styling device comprising a first interlocking member having internal teeth (element 20 in Fig. 3 attached below) which mesh with external teeth of the second interlocking member (element 40 Fig. 3 and Fig. 2) to couple the output shaft (36 Fig. 2 and Fig. 8; the manual set up shown in Fig. 2 can be substituted with an electrical motor 74 as shown in Fig. 8, and said electrical motor 74 having an output shaft 36) to the input shaft (38 (Figs. 2 and 8) or any suitable mounting structure (Col. 4 lines 62 - 64)).
It would have been obvious to one skilled in the art before the effective filing date to modify the device of Lee et al. to comprise a first interlocking member with internal teeth which mesh with the external teeth of a second interlocking member to couple the output shaft to the input shaft, as taught by Kennedy et al. One skilled in the art would have been motivated to make this modification in order to effectively couple the input shaft to the output shaft so that the rotation of the output shaft imparts the rotation of the second interlocking member coupled to the input shaft, as suggested by Kennedy et al.
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In the same field of endeavor, Fishman teaches a hair twisting apparatus comprising a grip (32) being coupled to and extending away from the housing (see Figs. 1 and 2), the grip (32) being oriented perpendicularly to the housing (see Figs. 1 and 2), the grip (32) being positioned adjacent to a second end (82) of the housing (see Fig. 1).
It would have been obvious to one having skill in the art before the effective filing dates to have the device of Lee et al. made in the shape taught by Fishman to have a grip projecting perpendicularly away from the housing, and adjacent to the second end, as taught by Fishman. One of ordinary skill in the art would have been motivated to make this modification in order make a well-defined handle portion configured to be held in a hand of a user, as suggested by Fishman.
Fishman further teaches a hair twisting apparatus comprising an activation switch comprising a trigger positioned on the grip (see Fig. 2; the triggering element (40) is position on the grip (32) and when pulled into 32, activates the rotatory motion of the segment gear and subsequent rotation of the jaw segment (16); Col. 4 lines 15 - 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Lee et al. to have an activation switching comprising a trigger and position on the grip of the device, as taught by Fishman. One of ordinary skill in the art would have been motivated to make this modification in order to improve the effectiveness of the device in twisting or braiding hair by manipulating the trigger, as suggested by Fishman.
In the same field of endeavor, Simon teaches a personal care appliance comprising a processor (34, Fig. 7) being operatively coupled to the motor (30, Fig. 7); an activation switch (36, Fig. 6) being operatively coupled to the processor (Col. 4 lines 28 - 30: element 36 enables user to selectively deliver power from the power storage source (32, Fig. 7) to the drive motor assembly (30, Fig. 7) and as depicted in Fig. 7, a processor (34) is between elements 32 and 30 thus, element 36 must be operatively coupled to element 34 to complete the function of delivering power from element 32 to element 30), and a speed control (38, Fig. 6) being operatively coupled to the processor (Col. 4 lines 30 - 34), the speed control being actuatable to select a speed of rotation of the motor (38, Fig. 6: elements 38 as depicted in Fig. 6 acts to either increase or decrease oscillation by the drive motor; Col. 4 lines 30 - 34).
It would have been obvious to one skilled in the art before the effective filing date to modify the device of Lee et al. to include a processor operatively coupled to the motor, and an activation switch and a speed control operatively coupled to the processor, as taught by Simon. One of ordinary skill in the art would have been motivated to make these modifications in order to make a more efficient device with processor configured to control the delivery of power from the power source to the motor when activated via the activation switch, and selective mode control of the appliance, as suggested by Simon.
Simon further teaches a personal care appliance (22 Figs. 6 and 7) comprising the speed control (38) being mounted to the grip (26, See Fig. 6).
It would have been obvious to one skilled in the art before the effective filing date to modify the device of Lee et al. with the speed control, configured to be mounted to the grip, as taught by Simon. One of ordinary skill in the art would have been motivated to make this modification in order to provide suitable user drive controls on the grip or handle portion, as suggested by Simon.
Longoria et al. teaches a hair styling system comprising an activation switch (220) being actuatable to selectively activate the motor (216, Fig. 3B) to rotate the output shaft (223, Fig. 3B) in the first rotational direction or the second rotational direction (Col. 9 lines 32 - 35).
It would have been obvious to one of ordinary skill in the art before the effective filing date, to modify the device of Lee et al. to include an activation switch actuatable to selectively activate the motor to rotate the output to a first or a second rotational directions, as taught by Longoria et al. One of ordinary skill would have been motivated to make this modification in order to enhance the versatility of the motor in rotating the output shaft in a first direction and in a second direction, as suggested by Longoria et al. instead of a unidirectional rotating motor.
Liam et al. teaches an apparatus and methods for drying or styling hair comprising a power cord (element 164 Fig. 11a, typically connects to a power supply (element 38 Fig. 1c)) being electrically coupled to the processor (62 Fig. 1c; page 12 lines 31 - page 13 line 2), the power cord being configured to electrically couple to an electrical power source (page 37 lines 30 - 31).
It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Lee et al. be configured with a power cord operatively coupled to a processor and the power cord being configured to electrically couple to an electrical source, as taught by Liam et al. One of ordinary skill in the art would have been motivated to make this modification to have a power cord that can connect to an AC mains power supply to power the device as taught by Liam et al. in instances when device battery or power storage source is depleted.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHIEMERIE C AZUBUOGU whose telephone number is (571)272-0664. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00PM.
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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.
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/C.A./ Patent Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772