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 § 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 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the at least one ion generator is disposed in the body at either ends of the groove" in lines 1-2 which renders the claim indefinite as only one ion generator is being recited and therefore it is unclear how it may be positioned at both of the ends of the groove. The Examiner notes that this is being interpreted as being is disposed at one end, the other end, or both ends.
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.
Conclusion
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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772