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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 2422 in figure 6b and 2022b in figure 9b.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: spring means in claim 1, 6 and 43.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-3, 5-7, 18, 20, 24, and 43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hottenrott et al. (US 20100083978, hereinafter Hottenrott).
Regarding Claim 1, Hottenrott discloses hair styling device (Figure 10) comprising: a shoulder (36; figure 10); first and second arms (10, 20; figure 11), wherein at least the first arm is pivotally coupled to the shoulder such that the at least the first arm is moveable between an open position and a closed position (figure 10; paragraph [0082]); and spring means (42; figure 10) with a first end acting on the first arm and a second end acting on the second arm for biasing the arms in the open position (paragraph [0043] discloses that the spring is configured to force the arms pressed apart); wherein the first arm comprises a cam surface (see illustrated figure 10, the Examiner notes the structure identified is capable of being considered a cam surface) and the spring means acts on the cam surface (figure 10; paragraph [0082).
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Regarding Claim 2, Hottenrott discloses the device of claim 1. Hottenrott discloses the spring means comprises a torsion spring (paragraph [0082]).
Regarding Claim 3, Hottenrott discloses the device of claim 2. Hottenrott discloses the at least one leg configured to act on the first arm (figure 10) and one leg configured to act on the second arm (figure 10).
Regarding Claim 5, Hottenrott discloses the device of claim 1. Hottenrott discloses the spring means acts on the cam surface such that the force required to move the arms (paragraph [0082]) from the open position to the closed position is regularized over the a majority of the displacement between the open and closed positions (paragraph [0082]).
Regarding Claim 6, Hottenrott discloses hair styling device (Figure 10) comprising: a shoulder (36; figure 10); first and second arms (10, 20; figure 10; figure 2), wherein at least the first arm is pivotally coupled to the shoulder (figure 10; paragraph [0082]), such that the arms are moveable between an open position in which the hair can be introduced between the arms (paragraph [0083]) and a closed position in which the hair is clamped between the arms (paragraph [0085]), at least one of the arms having a heater (paragraph [0080] discloses the arms are heaters) for heating the hair that contacts a hair contacting surface of the heater (30, 32; figure 10; paragraph [0080]); spring means (42; figure 10) configured to bias the arms into the open position (paragraph [0083]); wherein the spring means acts on a cam surface (see illustrated figure 10) such that an actuation force required to move the arms from the open position to the closed position is regularized between the open and closed positions (paragraph [0082]).
Regarding Claim 7, Hottenrott discloses the device of claim 6. Hottenrott discloses the spring means comprises a torsion spring (paragraph [0082]), wherein the torsion spring comprises at least one leg configured to act on the cam surface of the first arm (figure 10 depicts the torsion spring 42 has two separate legs, on imparting force on each arm which therefore imparts it on the cam surface).
Regarding Claim 18, Hottenrott discloses the device of claim 1. Hottenrott discloses the spring means is in tension when the arms are in the open position (Figure 2; paragraph [0082] and [0083]).
Regarding Claim 20, Hottenrott discloses the device of claim 1. Hottenrott discloses the shoulder comprises one stop formations (52; figure 10) configured to limit movement of the first and/or second arms (paragraphs [0085]).
Regarding Claim 24, Fereyre discloses the device of claim 1. Fereyre discloses the first arm and the second arm each comprise a heater (11, 12; figure 7) for heating hair that contacts a hair contacting surface (7 and 8; figure 7) of the heater (paragraph [0073]).
Regarding Claim 43, Hottenrott discloses a hinge joint (figure 10) comprising: a shoulder (36; figure 10); first and second arms (10,20; figure 10), wherein at least the first arm is pivotally coupled to the shoulder (figure 10; paragraph [0080]) such that the at least the first arm is moveable between an open position and a closed position (paragraph [0080] and [0082]); and spring means (42; figure 10) with a first end acting on the first arm (figure 10) and a second end acting on the second arm (figure 10) for biasing the arms in the open position (paragraph [0082]), wherein the first arm comprises a cam surface (see illustrated figure 10) and the spring means acts on the cam surface (figure 10).
Claims 1, 6, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fereyre et al. (US 20190313759, hereinafter Fereyre).
Regarding Claim 1, Fereyre discloses hair styling device (Figures 1-7) comprising: a shoulder (see illustrated figure 2); first and second arms (5, 5; figure 1), wherein at least the first arm is pivotally coupled to the shoulder such that the at least the first arm is moveable between an open position and a closed position (figure 2; paragraph [0080]]); and spring means (27; figure 2) with a first end acting on the first arm and a second end acting on the second arm for biasing the arms in the open position (paragraph [0082] discloses that 27 is configured to force 26 to the actuation position (which is the open position)); wherein the first arm comprises a cam surface (26; figure 2) and the spring means acts on the cam surface (figure 2; paragraph [0081]).
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Regarding Claim 6, Fereyre discloses hair styling device (Figures 1-7) comprising: a shoulder (see illustrated figure 2); first and second arms (5, 6; figure 2), wherein at least the first arm is pivotally coupled to the shoulder (figure 2), such that the arms are moveable between an open position in which the hair can be introduced between the arms (paragraph [0076]) and a closed position in which the hair is clamped between the arms (paragraph [0072]), at least one of the arms having a heater (11, 12; paragraph [0073]) for heating the hair that contacts a hair contacting surface of the heater (7 and 8; figure 7 paragraph [0073]); spring means (27; figure 2) configured to bias the arms into the open position (paragraph [0076] discloses the device can be held in an open position); wherein the spring means acts on a cam surface (26; figure 2) such that an actuation force required to move the arms from the open position to the closed position is regularized between the open and closed positions (paragraph [0080] and [0082]).
Regarding Claim 9, Fereyre discloses the device of claim 1. Fereyre discloses wherein the spring means is configured to slip on the cam surface (paragraphs [0080]-[0082] discloses the movement of the cam surface when the torsion spring acts upon it).
Regarding Claim 10, Fereyre discloses the device of claim 1. Fereyre discloses wherein the first arm pivots about a pivot axis and the cam surface (paragraphs [0082]) is located at a distance from the pivot axis (figures 2 and 5; paragraph [0082]-[0083]), such that the cam surface rotates around the axis (figures 2 and 5; paragraph [0082]-[0083] discloses the cam surface pivots/rotates around axis A).
Regarding Claim 11, Fereyre discloses the device of claim 1. Fereyre discloses the cam surface (26; figure 5) is curved, wherein the cam surface is convex (figure 5).
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.
Claims 12-13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hottenrott et al. (US 20100083978, hereinafter Hottenrott) in view of Smith (US 0603209).
Regarding Claim 12, Hottenrott discloses the device of claim 1. Hottenrott discloses the second arm (Figure 10), however, Hottenrott does not disclose the second arm is configured to pivot relative to the shoulder about a second pivot axis.
Smith discloses a hair styling device (Figure 1) comprising: first and second arm ( 1 and 5; figure 1), wherein at least the first arm is attached to the shoulder (see illustrated figure 1) and configured to pivot about a first axis, the second arm is configured to pivot relative to the shoulder about a second pivot axis (via connection to 4; figure 1).
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It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the second arm of Hottenrott to be configured to pivot relative to the shoulder about a second pivot axis as taught by Smith in order to allow the second arm to move independently from the first arm, allowing the user more control during operation.
Regarding Claim 13, Hottenrott discloses the device of claim 6. Hottenrott discloses wherein the spring means acts on a second cam surface (see illustrated figure 10) of the second arm (figure 10) such that an actuation force required to move the arms (paragraph [0082]) from the open position to the closed position is regularized between the open and closed positions (paragraphs [0080] and [0082]); wherein the spring means comprises a torsion spring (paragraph [0082]) having a first leg (figure 10) acting on the cam surface of the first arm (Figure 10) and a second leg (figure 10) acting on the cam surface of the second arm (figure 10).
Hottenrott does not disclose the second arm is configured to pivot relative to the shoulder about a second pivot axis.
Smith discloses a hair styling device (Figure 1) comprising: first and second arm ( 1 and 5; figure 1), wherein at least the first arm is attached to the shoulder (see illustrated figure 1) and configured to pivot about a first axis, the second arm is configured to pivot relative to the shoulder about a second pivot axis (via connection to 4; figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the second arm of Hottenrott to be configured to pivot relative to the shoulder about a second pivot axis as taught by Smith in order to allow the second arm to move independently from the first arm, allowing the user more control during operation.
Regarding Claim 21, Hottenrott discloses the device of claim 1. Hottenrott discloses a pivot pin (40; figure 10) via which the first arm (paragraph [0080]) is pivotally coupled to the shoulder (Figure 10; paragraph [0080]).
Hottenrott does not disclose a second pivot pin via which the second arm is pivotally coupled to the shoulder.
Smith discloses a hair styling device (Figure 1) comprising: first and second arm ( 1 and 5; figure 1), wherein at least the first arm is attached to the shoulder (see illustrated figure 1) and configured to pivot about a first axis, a second pivot pin (where 4 connects to 5; figure 1; lines 40-54 disclose the connection between 5 and 4 is a knuckle-joint (which inherently has a pin) and common pivot) via which the second arm is pivotally coupled to the shoulder (via connection to 4; figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the second arm of Hottenrott to be configured to pivot relative to the shoulder about a second pivot axis as taught by Smith in order to allow the second arm to move independently from the first arm, allowing the user more control during operation.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hottenrott et al. (US 20100083978, hereinafter Hottenrott) in view of Tong et al. (US 2005002283, hereinafter Tong).
Regarding Claim 15, Hottenrott discloses the device of claim 7. Hottenrott disclose the spring means comprises a first torsion spring (Figure 10).
Hottenrott does not disclose the spring means comprises a second torsion spring; wherein the torsion springs are positioned symmetrically with respect to a central axis of the device; and/or wherein each torsion spring comprises two legs, and one leg of each torsion spring acts on a cam surface of the first arm, and the other leg of each torsion spring acts on a cam surface of the second arm.
Tong discloses a hair styling device (figures 1-11), comprising: a first arm and second arm (90 and 158; figure 1) with a spring means (figure 6), the spring means comprises a first and second torsion spring (112 and 120; figure 6; paragraph [0050]); wherein the torsion springs are positioned symmetrically with respect to a central axis of the device (Figure 6).
It would have been obvious to one of ordinary skill in the art to have modified the spring means of Hottenrott to have disclose the spring means comprises a second torsion spring; wherein the torsion springs are positioned symmetrically with respect to a central axis of the device as taught by Tong in order to provide a greater spring force and prevent sideward movement of the spring assembly upon the application of a downward force on the legs of the torsion spring (paragraph [0050]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hottenrott et al. (US 20100083978, hereinafter Hottenrott) in view of Weatherly et al. (US20160286928, hereinafter Weatherly).
Regarding Claim 19, Hottenrott discloses the device of claim 1. Hottenrott discloses herein the force required to move the arms from the open position to the closed position.
Hottenrott does not disclose the force is regularized between 1.5N and 1.9N.
Weatherly discloses a first arm and a second arm with a leaf spring (paragraphs [0234]), the force required to move the arms (paragraphs [0234]) from the open position to the closed position the force is regularized between 1.5N and 1.9N (paragraph [0234] discloses a range of 1 to 2 N).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Hottenrott to have the force required to move the arms from the open position to the closed position the force is regularized between 1.5N and 1.9N since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the instant case, the device of Hottenrott would not operate differently with the claimed values and since something is disclosed similar would function appropriately with the claimed values. Further, Applicant places no criticality on the range claimed, indicating simply that the value “may” be within the claimed ranges (page 3).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Hottenrott et al. (US 20100083978, hereinafter Hottenrott) in view of Nicolaou et al. (US 20220087391, hereinafter Nicolaou).
Regarding Claim 23, Hottenrott discloses the device of claim 1. Hottenrott does not disclose a rigid housing.
Nicolaou discloses a rigid housing (paragraph [0088]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the housing of Hottenrott to be rigid as taught by Nicolaou in order to ensure that the device does not deform under heat and use.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Hottenrott et al. (US 20100083978, hereinafter Hottenrott) in view of Kim et al. (US 20060108344, hereinafter Kim).
Regarding Claim 25, Hottenrott discloses the device of claim 1. Hottenrott does not disclose a printed circuit board (PCB) comprising light emitting diodes (LEDs); wherein the PCB comprises a light guide configured to transmit light emitted from the LEDs to a rim on an external surface of the device
Kim discloses a hair appliance (figure 6) printed circuit board (PCB) (paragraph [0127]) comprising light emitting diodes (LEDs) (paragraph [0127]);wherein the PCB comprises LEDs of more than one color, and/or further comprising a light guide configured to transmit light emitted from the LEDs to a rim on an external surface of the device (paragraph [0127]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the device of Hottenrott to have a printed circuit board (PCB) comprising light emitting diodes (LEDs); wherein the PCB comprises a light guide configured to transmit light emitted from the LEDs to a rim on an external surface of the device as taught by Kim in order to already the user of the battery level of the device or the temperature reached.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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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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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772