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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 2024101275611, filed on January 30, 2024.
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.
Claim 9 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. The phrase “PTC thermosensitive electrons” does not have a clear recognized meaning in the relevant art. It is unclear what structure or material the PTC heater is required to comprise, or how this limitation distinguishes the PTC heater from other PTC heating elements. Additionally, it is unclear whether the phrase “PTC thermosensitive electrons” is intended to refer to a PTC thermistor, PTC heating element, or another structure as no such structure is clearly defined in the claim. For examination purposes this was considered as “PTC thermistor sensor”
Claim 10, is rejected under 35 U.S.C. 112(b) as being indefinite. The recitation of “Bluetooth module” and “wi-fi module” uses trademarked terms that does not clearly define the structure or technical limitation of the claimed module. It is unclear whether the claim is limited to a specific proprietary implementation or a general wireless communication protocol. Therefore, applicant should amend the claim to recite a wireless communication module configured to operate according to a Bluetooth ® and Wi-Fi ® communication protocol or similar terminology.
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, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al (WO2023040041A1) herein after Fan in view of Liu et al (CN221012288U) herein after Liu, Wu et al (WO2018032685A1) herein after Wu, and Chen et al (CN220800338U) herein after Chen.
Regarding claim 1, Fan teaches a hair straightening comb with electric-heating and atomization (Figure 1), comprising a hair straightening comb body (casing 1), a control circuit board (12) disposed inside the hair straightening comb body, a cartridge (2, Figure 7) assembly for essential oil atomization contains a cartridge body (202) for storing essential oil, and contains a cartridge pin (8) for an electrically conductive connection. and teeth (18) at one end of the hair straightening comb body, wherein the cartridge assembly comprises a ceramic heating strip (5, page 4, line 36) for heating atomized essential oil, and mist outlets (4) for spraying mist are further provided on the hair straightening comb body, wherein an air pump assembly (air booster 10) for pumping mist from the cartridge assembly part to the mist outlet parts is further disposed inside the hair straightening comb body.
Fan teaches air pumping and mist inlet and outlet pathways for delivering atomized essential oil to the mist outlets; however, the pathways are not explicitly disclosed as hoses or tubes.
Liu teaches a cartridge assembly (50 essential oil/water container), a cartridge magnet (page 3, line 19) for an electrically conductive connection an air pump assembly (contains 55,54, and 51) for pumping mist from the cartridge assembly part to the mist outlet parts is further disposed inside the hair straightening comb body, wherein the air pump assembly is interconnected to the cartridge assembly through an air inlet hose (54), and the mist outlets are interconnected to the cartridge assembly through a mist outlet hose (51); the air pump assembly comprises an air pump unit (55) and an air pump block (housing around 55) for delimiting the air pump unit, and the mist outlet hose (51) is interconnected to the mist outlets (plurality of mist outlets on the tube 51) through a channel; and the cartridge assembly (50), the air pump assembly (55), the PTC heater (PTC sensor, page 2, lines 41-42), and the control circuit board (15) are electrically connected for the functioning of the device.
Fan in the view of Liu does not teach PTC heater disposed at an inner side of the teeth, anti-scald teeth, and body pin and magnet. However, Wu teaches a hair straightening comb with teeth comprises anti-scald teeth (13) and shape-matching hardware teeth (15), and the hair straightening comb with electric-heating and atomization further comprises a PTC heater (17) and an insulating plate (19) disposed at an inner side of the teeth (Figure 1);
Fan in the view of Liu and Wu does not teach a body pin and magnet explicitly. However, Chen teaches a body pin (6) and a body magnet (10) which facilitates electric conductance.
Fan can be modified to meet this/these limitation(s) as follows:
Replace or implement the mist channel (7) of Fan as a tube (51) as taught by Liu in order to provide improved mist transport, reduced leakage, and more reliable sealing between the pump, cartridge assembly, and mist outlets.
Incorporating the anti-scald teeth (13) and to dispose the PTC heater (17) at the inner side of the teeth as taught by Wu in order to improve user safety, prevent scalp burns, and provide more effective and uniform heating at the teeth during hair straightening.
Incorporating the body pin (6) and magnet (10) taught by Chen thereby providing corresponding structures for the cartridge pin and cartridge magnet to improve electrical reliability, alignment, and retention of the cartridge during operation.
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
It would improve the mist delivery, heating safety, and cartridge retention in hair treatment devices, to improve performance and user safety.
Regarding claim 5, Fan teaches a negative-ion (anion) generator (11, Figure 6) disposed inside the hair straightening comb body and configured to generate negative ions during use, corresponding to the claimed negative-ion generator for increasing negative-ion in the air. A negative-ion block for delimiting the negative-ion generator (casing/housing around 11) are further disposed inside the hair straightening comb body;
Fan further teaches that the negative ions are emitted toward the teeth portion (18) during combing, corresponding to the claimed feature wherein an emitting nozzle of the negative-ion generator extends into the teeth part.
Regarding claim 9, Fan teaches a hair straightening comb as in claim 1, however does not teach a heater with a PTC sensor. Liu teaches a PTC sensor (page 2, lines 41-42) near the conductive surface. It would have been obvious to one of ordinary skill in the art before the filling date of the application to incorporate the PTC sensor of Liu in the comb of Fan near the teeth (18) in order to detect the temperature differences.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al (WO2023040041A1) herein after Fan in view of Liu et al (CN221012288U) herein after Liu, Wu et al (WO2018032685A1) herein after Wu, and Chen et al (CN220800338U) herein after Chen, as applied to claim 1 above and further in view of Zeng et al (CN 209750158U) herein after Zeng.
Regarding claim 2, Fan teaches a hair straightening comb with electric-heating and atomization according to claim 1 which contains mist outlets (4) and channels (7), however does not teach a mist outlet hose that is branched and a snap-fit fastener or a hook for delimiting the mist outlet hose and/or the air inlet hose is disposed on the air pump block by one-piece molding.
Zeng teaches a mist outlet hose that is branched (19, Figure 3) and a snap-fit fastener or a hook as seen in between parts 5 and 8 as shown in Figure 1 and 2 for delimiting the mist outlet hose (19) and/or the air inlet hose is disposed on the air pump block (housing of 18) by one-piece molding.
Therefore, it would have been obvious to one of ordinary skill in the art before the filling date of the application to incorporate the branched mist hose (19) and snap-fit mechanism taught in Zeng into the hair comb of Fan to replace the mist channels (7) in order to have better mist delivery and larger surface area of mist transportation and precision of delivery.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al (WO2023040041A1) herein after Fan in view of Liu et al (CN221012288U) herein after Liu, Wu et al (WO2018032685A1) herein after Wu, and Chen et al (CN220800338U) herein after Chen, as applied to claim 1 above and further in view of Zeng Rujun et al (CN211722158U) herein after Zeng Rujun and Wu.
Regarding claim 3, Fan teaches a hair straightening comb with electric-heating and atomization according to claim 1, but does not teach a PTC delimiting block or a NTC sensor.
Wu teaches a PTC block for delimiting the PTC heater (the housing/covering on part 17).
Zeng Rujun teaches a NTC temperature sensor (23) in order to detect temperature changes at the teeth.
The primary reference (Fan) can be modified to meet this/these limitation(s) as follows:
Incorporating the PTC block in order to delimit the PTC heater (17) taught by Wu into the hair comb of Fan, in order to delimit the PTC heater.
Incorporating the NTC temperature sensor (23) taught by Zeng Rujun into the hair comb of Fan near the comb teeth (18), in order to detect temperature changes at the teeth.
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: It would improve performance by incorporating temperature change detection methods as above.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al (WO2023040041A1) herein after Fan in view of Liu et al (CN221012288U) herein after Liu, Wu et al (WO2018032685A1) herein after Wu, and Chen et al (CN220800338U) herein after Chen, as applied to claim 1 above and further in view of Bernd et al (US4217915A) herein after Bernd, and Montagnino et al (US20190350335A1) herein after Montagnino.
Regarding Claim 4, Fan teaches a hair straightening comb with electric-heating and atomization according to claim 1, wherein the hair straightening comb comprises a body top casing and a body bottom casing (casing 1, Figure 1,2) matching and connected to the body top casing.
power supply connection (Figure 1) line are disposed at a tail end of the hair straightening comb body.
However, Fan does not teach a rotary joint, ornamental connection panel, indicator light cover, a heating switch button, an atomization switch button, and a light guide element.
Bernd teaches a rotary joint (page 4 lines 41-42) at the power code disposed at the tail end of the body.
Montagnino teaches a hair straightener with an ornamental connection panel (806), the hair straightening comb with electric-heating and atomization further comprises an indicator light cover (LCD display as in paragraph [0041]), a heating switch button (702), an atomization switch button (700), and a light guide element (LED light elements as in paragraph [0041]).
The primary reference (Fan) can be modified to meet this/these limitation(s) as follows:
Incorporating the rotary joint taught by Bernd into the hair comb of Fan in order to have a rotatable power code.
Incorporating the user interface elements such as ornamental connection panel (806), indicator light cover (LCD display), a heating switch button (702), an atomization switch button (700), and a light guide element (LED light elements) taught by Montagnino in hair comb casing (1) of Fan in order to have better user experience.
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: The modification improve user experience and usage of the device with rotation and UI features.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al (WO2023040041A1) herein after Fan in view of Liu et al (CN221012288U) herein after Liu, Wu et al (WO2018032685A1) herein after Wu, and Chen et al (CN220800338U) herein after Chen, as applied to claim 1 above and further in view of Bell et al (WO2009/065747) herein after Bell.
Regarding claim 6, Fan teaches a hair straightening comb with electric-heating and atomization according to claim 1, wherein a cartridge mounting groove (17) for embedding the cartridge assembly is provided at one end of the hair straightening comb body; the cartridge assembly further comprises a lower cartridge casing (203), heating strip silica gel (205) for delimiting the ceramic heating strip (5), and a heating strip support matching a shape of the cartridge body;
Fan further teaches, silica material positioned at the heating strip (at top of 204 and 203 as a form of silica gel pad 205) and cartridge interface corresponding to the claimed silica gel, support silica gel and gasket structures.
Fan does not teach a wick in the form of cotton or similar material in the cartridge assembly.
Bell teaches a hair comb with a cartridge wick made with material such as cotton (page 3, lines 16-18).
The primary reference (Fan) can be modified to meet this/these limitation(s) as follows:
Incorporating the cotton wick taught by Bell into the cartridge lower casing (203) of Fan in order for extra oil absorption to stabilize the oil delivery.
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: The modification improves the liquid absorption, retention and controlled liquid release in mist hair care devices.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al (WO2023040041A1) herein after Fan in view of Bell et al (WO2009/065747) herein after Bell as applied to claim 6 above and further in view of Leung et al (US8757175B1) herein after Leung.
Regarding claim 8, Fan teaches the hair straightening comb with electric-heating and atomization according to claim 6 a hole in the middle part of the heating stripe (5, hollow cylinder, Figure 7) and where the silica pad is connected (205), however Fan does not explicitly teach an oil outlet for outputting the essential oil is provided on a bottom surface of the cartridge body.
Leung teaches an oil outlet (302) for outputting the essential oil is provided on a bottom surface (302, Figure 12B) of the cartridge body.
Fan can be modified to meet this/these limitation(s) as follows:
Incorporating the oil outlet (302) of Leung into the bottom of the cartridge (202) of Fan so that the heating stripe (5) and silica gel (205) are connected to each other.
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: The modification improves the oil delivery in and out the device.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al (WO2023040041A1) herein after Fan in view of Liu et al (CN221012288U) herein after Liu, Wu et al (WO2018032685A1) herein after Wu, and Chen et al (CN220800338U) herein after Chen, as applied to claim 1 above and further in view of Goldman et al (US20230413973A1) herein after Goldman.
Regarding claim 10, Fan teaches a hair straightening comb as in claim 1, however does not teach a communication assembly and a sound production assembly for an external mobile terminal to perform communication connection control and data transmission.
Goldman teaches an intelligent hair styling apparatus including a wireless communication module configured to transmit and receive data to/from an external mobile device for communication connection control and data transmission, including a wireless modem with Wi-Fi capability and Bluetooth capability (page 2, lines 35-40). It would have been obvious to one of ordinary skill in the art before the filling date of the application to incorporate the communication and audio feedback assemblies of Goldman (page 2, lines 35-40) into the hair straightening comb of Fan as communication features in order to enable external mobile terminal connectivity and user alerts, which are known design objectives for smart personal-care devices.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Chen (CN220800338U) teaches a magnet holder (9) for accommodating the body magnet (10) and Liu (CN221012288U) teaches a through hole running through one end of the air inlet hose (54), one end of the mist outlet hose (51),
however prior art does not teach the magnetic holder is disposed at the bottom of a groove body of the cartridge mounting groove by one-piece molding; and the cartridge pin is provided at the bottom of the groove body of the cartridge mounting groove. These limitations are not disclosed by the prior art and appear to distinguish the claimed invention therefrom.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA N. SAMARASEKARA whose telephone number is (571)272-9653. The examiner can normally be reached Monday-Friday 9.00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARA N SAMARASEKARA/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772