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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 19-34,36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al 7645904.
With regard to claims 19 and 36, Kim et al disclose a device and method for steam treating hair, comprising:
- a treatment plate 111 (see fig. 3) configured to be in contact with the hair during the treatment,
- a vaporization chamber 144 (see fig. 7) supplied with liquid water, where the liquid water is transformed into steam,
- at least one dispensing chamber 127b (see fig. 7) configured to dispense steam onto the hair, which is different from the vaporization chamber 144 and is in fluid communication with the vaporization chamber 144, and
- a heating system (heater 121, see col. 5 lines 11-15) arranged between the treatment plate 111 and the vaporization chamber 144 and configured to heat the vaporization chamber to a temperature above or equal to the water vaporization temperature and to heat at least a portion of the treatment plate 111.
With regard to claim 20, note that the vaporization chamber 144 does not comprise an element for absorbing the liquid to be vaporized.
With regard to claim 21, note that the device comprises a gripping handle (see fig. 1) and a head comprising a plurality of teeth 172d (see fig. 16a) configured to comb the hair.
With regard to claim 22, note that at least one tooth of the plurality of teeth 172d is heated by the heating system. Note in fig. 16a that the teeth 172d are adjacent to heater 121 (which is heated), and therefore the teeth are inherently heated by being in close proximity thereto.
With regard to claim 23, note that the heating system 121 comprises a first main side facing the vaporization chamber 144 and a second main side facing the treatment plate 111, wherein the second main side is opposite to the first main side.
With regard to claim 24, note that the at least one dispensing chamber 127b and the vaporization chamber 144 are formed by a profile section (they each have a profile).
With regard to claim 25, note that the vaporization chamber 144 comprises at least one wall configured to be concave towards the treatment plate 111. See figure 3.
With regard to claims 26 and 36, note that the at least one dispensing chamber 127b extends at least partially laterally relative to a superposition of the vaporization chamber 144 and the heating system 121. See fig. 3.
With regard to claim 27, note that the device comprises an inlet 142b for liquid water to flow into the vaporization chamber 144. See fig. 3.
With regard to claim 28, note that the at least one dispensing chamber 127b comprises at least one opening 122b for steam to pass through, wherein the at least one opening 122b extends laterally relative to the treatment plate 111.
With regard to claim 29, note that the at least one opening 122b comprises at least one steam outlet, and the device further comprises at least one duct 122c for supplying steam to the at least one steam outlet.
With regard to claim 30, note that each of the at least one duct 122c extends on a surface disposed at a longitudinal end of the vaporization chamber 144. See fig. 3.
With regard to claim 31, note the hollow body 120 (see fig. 7) with at least two longitudinal cavities separated by a wall 122, forming the vaporization chamber 144, the at least one dispensing chamber 127b, and a housing configured to receive the heating system 121.
With regard to claim 32, note the end cover 123 disposed at least one of its longitudinal ends and configured to close off the vaporization chamber 144 or the at least one dispensing chamber 127b at the end. See fig. 2.
With regard to claim 33, note that the end cover 123 comprises at least one groove at least partially forming a duct for fluid communication between the vaporization chamber 144 and the at least one dispensing chamber 127b. See figs. 2 and 6.
With regard to claim 34, note seal 123a between the end cover 123 and the body of the device, wherein the seal 123a comprises at least one opening 127a. See fig. 6.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 37 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al 7645904 in view of Saute et al 2010307526.
Kim et al do not disclose applying a hair shaping composition before or after using the device.
Saute et al disclose a hair shaping composition that may be used in conjunction with a steam iron. See paragraph 23.
It would have been obvious to one skilled in the art to apply a hair shaping composition before or after using the device of Kim et al, in view of the teaching of Saute et al that it is known to utilize hair shaping compositions with steam devices.
Allowable Subject Matter
Claim 35 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.
Response to Arguments
Applicant's arguments filed 12/19/25 have been fully considered but they are not persuasive.
Applicant argues (page 8 of applicant’s response) that the Kim et al device does not disclose the claimed invention in instant claim 19. Applicant argues that heating plates 111 and 121 are mounted on different arms of the device and come into direct contact with the hair, and further argues that heating plate 121 itself heats the water in the vaporization chamber, and that heating plate 111 is not on the same arm as the vaporization chamber. This is not found persuasive, as none of these limitations are required by claim 19.
Applicant also argues that heating plate 111 is not heated by the heating plate as suggested by the Office Action’s mapping (response, page 8). This is also not found persuasive, as claim 19 does not require such a limitation. It also appears that applicant is arguing that in Kim et al, the heating plate 121 is both the treatment plate and the element that heats the vaporization chamber 144, and thus plate 111 cannot be referred to as a “treatment plate”. This is also not found persuasive, because it is the examiner’s position that any of the plates of Kim et al can be called a “treatment plate”.
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 NICHOLAS D LUCCHESI whose telephone number is (571)272-4977. The examiner can normally be reached M-F 800-430.
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/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772