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 .
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
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 5-7, and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keong (US 20210267337).
Regarding Claim 1, Keong discloses a hair treatment device (13 and 14; figures 1-4), comprising: a body ( figures 1-4) defined with a hair-treatment section (between 13 and 14; figure 3); a heating element (15, 16, 17; figure 3; paragraph [0030]) disposed in the hair-treatment section (figure 3), wherein the heating element is an electrical conductor; at least one ion generator (20, 21; figures 1-2; paragraph [0031]) configured to generate and channelize ions through a groove (22; figures 1-3) defined in the body (figures 1-3) adjacent to the hair-treatment section (figure 3) forming an ion stream (paragraph [0031]); an ion attractor (figure 2 between 22 and 15/16; figure 2; paragraph [0032]; the Examiner notes that specification page 5 discloses the ion attractor as a guideway or slot, figure 3 depicts a guideway) defined in the body (figure 3), bridging the groove (106) and the heating element (104), wherein the heating element (17; figure 3; paragraph [0033]) is arranged to attract ions from the ion stream through the ion attractor (paragraph [0033]).
Regarding Claim 2, Keong discloses the device of Claim 1. Keong discloses the ion attractor (figure 2) is a guideway (figures 2-4) defined at a substantially central portion of the body (figure 2).
Regarding Claim 5, Keong discloses the device of Claim 1. Keong discloses the at least one ion generator (figures 1-2) is disposed in the body (figure 1) at either ends of the groove (figure 2 depicts 21 at a first end).
Regarding Claim 6, Keong discloses the device of Claim 1. Keong discloses the at least one ion generator is structured to generate anions (paragraph [0031]).
Regarding Claim 7, Keong discloses the device of Claim 1. Keong discloses the groove extends substantially parallel to a longitudinal edge of the heating element (figures 1-3).
Regarding Claim 10, Keong discloses the device of Claim 1. Keong discloses a hair styler (figures 1-4) for straightening hair (paragraph [0002]), the hair styler comprising: a pair of arms (10 and 11; figure 1) pivotally connected to each other at one end (via 12; figure 1; paragraph [0029]); and a hair treatment device (13; figures 1-2) as claimed in claim 1, disposed in at least one arm of the pair of arms (figures 1-2).
Regarding Claim 11, Keong discloses the device of Claim 10. Keong discloses the hair treatment device (figures 1-4) as claimed in claim 1 is disposed in each of the pair of arms (figures 1-4).
Regarding Claim 12, Keong discloses the device of Claim 10. Keong discloses each of the pair of arms (10 and 11; figure 1) is elongate (figures 1-4), with the hair treatment device (13 and 14; figure 1) disposed at one end (figures 1-2), and a grip section (19; figure 1) defined at another end, opposite to the one end (paragraph [0029]).
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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Keong (US 20210267337) in view of Smal (US 20190380465).
Regarding Claim 3, Keong discloses the device of Claim 1. Keong does not disclose the guideway comprises a through opening between the groove and the heating element such that, a part of ion stream flows from the groove towards the heating element.
Smal discloses a hair treatment device (figures 1-14) comprising: a body (2; figure 2) defined within a hair treatment section (figure 2); a heating element (12; figure 2-10; paragraph [0063] discloses the heating elements are on both sides) disposed in the hair treatment section (Figure 2), at least one generator (3; figure 2) configured to generate and channelize through a groove (shown in figures 10-14, where 11 sits; figures 1-14) defined in the body (figure 2 and 10) adjacent to the hair-treatment section (figure 10) forming an stream (figure 10); and an attractor (22; figures 1-3) defined in the body (figure 2), bridging the groove (figures 1-3) and the heating element (figure 1-3); and a through opening (11; figure 2) between the groove (figure 10) and the heating element (figures 1-3) such that, a part of stream flows from the groove towards the heating element (figure 10).
It would have been obvious to one of ordinary skill in the art to have modified the guideway as taught by Keong to have a through opening between the groove and the heating element such that, a part of the stream flows from the groove towards the heating element as taught by Smal in order to allow more direct communication between the groove and the heating element.
Regarding Claim 4, Keong as modified by Smal discloses the device of Claim 3. Keong does not disclose the through opening includes a cross-sectional area, which is constant throughout its length.
Smal discloses the through opening includes a cross-sectional area, which is constant throughout its length (figure 11).
It would have been obvious to one of ordinary skill in the art to have modified the guideway as taught by Keong to have a through opening that includes a cross-sectional area, which is constant throughout its length in order to allow for an even transfer of the ions to the heating element.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Keong (US 20210267337) in view of Lee (KR20110042529A, and corresponding machine translation).
Regarding Claim 8, Keong discloses the device of Claim 1. Keong does not disclose a grounding circuit for electrically grounding the heating element.
Lee discloses a hair treatment device (100; figures 1-13) comprising: a body (110 and 120; figures 1-13); and a heating element (130 within 140; figure 6), grounding circuit (page 2, paragraph 2) for electrically grounding the heating element (page 2, paragraph 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the heating elements of Keong to have a ground circuit as taught by Lee in order to prevent electric shock by providing a safe path for the electricity to the heating elements to flow.
Regarding Claim 9, Keong discloses the device of Claim 8. Keong does not disclose wherein the grounding circuit comprises: a printed circuit board; and a conductive member configured to electrically connect the printed circuit board and the heating element.
Lee discloses the grounding circuit (page 2, paragraph 2) comprises: a printed circuit board (page 2, paragraph 2); and a conductive member (140; figure 6) configured to electrically connect the printed circuit board and the heating element (page 2, paragraph 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the heating elements of Keong to have the grounding circuit comprises: a printed circuit board; and a conductive member configured to electrically connect the printed circuit board and the heating element as taught by Lee in order to evenly heat the heating element so when applied to the user’s hair, the heat is evenly dispersed.
Response to Arguments
Applicant's arguments filed 5/27/2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Keong does not disclose "an ion attractor defined in the body, bridging the groove and the heating element, wherein the heating element is arranged to attract ions from the ion stream through the ion attractor”, the Examiner respectfully disagrees.
Applicant argues that “Keong does not state that heating elements 15 or 16 are positively charged to attract ions”. While the Office action cites to 15, 16, 17 as the heating elements, emphasis is made to element 17 being one of the heating elements cited to. The claims only require one heating element arranged to attract ions.
Applicant argues that “Keong does not disclose a separate ion attractor defined in the body that bridges the slotted nozzle 22 and a heating element through which the heating element attracts ions from the ion stream” and that “the heating element that Keong expressly identifies as positively charged-heating element 17 is not disclosed as being connected to slotted nozzle 22 through the structure identified by the Examiner as the alleged ion attractor”. However, the Examiner respectfully disagrees. The space between and 22 and 15/16 forms a guideway which extends to heating element 17. An annotated figure is provides below to show the interpretation taken.
Applicant argues that “the claimed ion attractor is not merely a space adjacent a slotted nozzle; it is a structure defined in the body that bridges the groove and the heating element so that the heating element attracts ions from the ion stream through that ion attractor”. However, it is the space adjacent the slotted nozzle that at least partially forms the claimed ion attractor. The body is made up of two pivotable arms with a longitudinal extension and space formed between the arms. The spaces between the parts at least partially form the ion attractor since these spaces formed in the body provide a guideway for the ions to travel from the ion generator to the heating element 17.
PNG
media_image1.png
611
1642
media_image1.png
Greyscale
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 ERIC J ROSEN whose telephone number is (571)270-7855. The examiner can normally be reached Monday-Friday 930am-6pm.
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, Edward Lefkowitz can be reached at (571) 272-2180. 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.
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
Prosecution Insights