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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 12/4/24 was/were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered by the examiner.
Drawings
The drawings are objected to because Figures 1-7 is/are titled improperly because the view numbers must be larger than the numbers used for reference characters (see 37 CFR 1.84(u)).
Sheets 1-7 of the figures are objected to because the drawing sheets are numbered improperly. See 37 C.F.R. 1.84(t), which requires the sheets of drawings be numbered in consecutive Arabic numerals, starting with 1, within the sight as defined in paragraph (g) of this section. These numbers, if present, must be placed in the middle of the top of the sheet, but not in the margin. The drawing sheet numbering must be clear and larger than the numbers used as reference characters to avoid confusion. The number of each sheet should be shown by two Arabic numerals placed on either side of an oblique line, with the first being the sheet number and the second being the total number of sheets of drawings, with no other marking. In the instant case, the sheet numbers are smaller than the reference characters, at the bottom of the page and lack the oblique line required.
The heading “DRAWINGS” on Sheet 1 should be removed.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “shell and the handle arranged eccentrically, a central axis of the shell is offset toward a side where the hair clipping opening is located and the thermal conductive cylinder is located at the central axis of the shell” of claims 9-11 (note that Figure 2 presented by applicant clearly illustrates the thermal conductive cylinder (2) not located at the central axis (B) of the shell and it is unclear how this arrangement would be possible in combination with the other figures presented), “motor with an internal gear sleeved on the motor” of claim 11 (the language “internal gear sleeved on the motor” is the issue, applicant can claim a motor with gears without drawing support, but “sleeving a gear on a motor” is not a known thing so this must be illustrated to understand what it is supposed to mean or reworded to overcome the objection) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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(s) 1-11 is/are 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 pre-AIA the applicant regards as the invention.
Claim 1: line 5-6 recites “the hair rotating rack is a closed annular structure”; however, this language is confusing and directly conflicts with the textbook definition of “closed”. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. The term “closed annular structure ” in claim 1 is used by the claim to mean “circular,” while the accepted meaning is “an imperforate circular structure.” The term is indefinite because the specification does not clearly redefine the term. In the instant case, the “rotating rack” disclosed by applicant is an annular structure, but it is not a “closed annular structure” because it has a plurality of holes in it. The term is indefinite because it contradicts the textbook definition of the term. For examination purposes, the claim will be treated as reciting “the hair rotating rack is an annular structure”. The last lines of the claim recite “and in response to stop of the hair rotating rack the hair rotating entry is provided opposite to the hair entry groove”; however, this is not proper idiomatic English and it is unclear what this is trying to claim. If this is an attempt to claim some sort of automatic alignment, then it is still indefinite because no structure is set forth in the claims for accomplishing any such function; no controller, no sensors, not even a motor a gear rendering the metes and bounds of the claim unclear. For examination purposes, the claim will be treated as omitting this language because it is unclear what structure it is trying to convey, if any. The language “the hair rotating entry is provided opposite to the hair entry groove”; however, applicant appears to be using “opposite” in a confusing manner. The hair rotating entry is provided in alignment with the hair entry groove and not “opposite” to it, making the claim further confusing and unclear. Clarification or correction is requested.
Claims 2-4: each of these claims recites “the hair rotating entry is configured to” followed by various limitations. The language “configured to” renders the metes and bounds of the claims unclear because the limitations following this language appear to be entirely structural, so what does “configured to” mean then in this context? For examination purposes, the claim will be treated as omitting the language “is configured to” and placing the very that follows into the active tense (claim 1: extends, claim 2: shrinks, claim 3: becomes). Clarification or correction is requested.
Claim 5: this claim repeats similar issues described above in reference to “configured to” language as presented in claims 2-4. The language “configured to” followed by structural limitations is unclear and confusing. For examination purposes, the claim will be treated as reciting “wherein a baffle strip protrudes from an inner wall of the hair rotating rack, on both sides of the hair rotating entry and extends along the height direction of the hair rotating rack”. Clarification or correction is requested.
Claim 6: recites “a transparent area”; however, based on applicant’s disclosure, this “transparent area” (33, Fig 5) is not a structure and instead is an opening on the device, or an aperture. Applicant cannot call a void, a “transparent area” because “transparent area” implies the presence of a physical material that is transparent and not a lack of material or an opening in the rotating member. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. The term “transparent area” in claim 1 is used by the claim to mean “opening,” while the accepted meaning is “a clear/transparent material.” The term is indefinite because the specification does not clearly redefine the term. The term is indefinite because it contradicts the textbook definition of the term. For examination purposes, the claim will be treated as reciting “wherein an opening is formed through the sidewall of the hair rotating rack”. Clarification or correction is requested.
Claim 7: this claim recites “the shell is configured to fixedly cover the peripheral side of the hair rotating rack”; however, is this actually requiring the shell cover a peripheral side of the hair rotating rack or not? This claim also appears to misuse the term “opposite” similar to claim 1 because it requires “a hair clipping opening…provided opposite to the hair entry groove”; however, the opening (41, Fig 6) and the “groove 21, Fig 1) are not provided on “opposite” sides of the device and instead are aligned with each other. Applicant appears to be using the word “opposite” in a confusing manner contrary to its dictionary definition. The term is indefinite because the specification does not clearly redefine the term and because it contradicts the textbook definition of the term. Clarification or correction is requested.
Claim 9: this claim requires “the shell and handle are arranged eccentrically, a central axis of the shell is offset toward a side where the hair clipping opening is located, and the thermal conductive cylinder is located at the central axis of the shell”; however, this appears to directly conflict with applicant’s own figures and disclosure which is confusing and make the metes and bounds the claim unclear. While applicant has support for the shell to be eccentrically arranged on the handle, it does not provide support for the conductive cylinder located at the central axis of the shell and it is unclear how this arrangement would work. The conductive cylinder and rotating rack are centered together on a same longitudinal axis (see Fig 3) and these are not illustrated to be centered on the central axis of the shell. It is unclear what exactly applicant is attempting to claim with this language. Clarification or correction is requested.
Claim 10: recites “a side of the shell away from the hair clipping opening…a side of the shell facing the hair clipping opening”; however, the hair clipping opening is on a side of the shell according to claim 7, so how many sides is applicant trying to claim this shell has? Also, what is “a side facing the hair clipping opening”? How does the shell have a side facing itself? As best understood, there is “a side of the shell away from the hair clipping opening” and “a side of the shell with the hair clipping opening” and applicant is attempting to recite the latter. For examination purposes, the claim will be treated as reciting “a side of the shell away from the hair clipping opening…the side of the shell with the hair clipping opening”. Clarification or correction is requested.
Claim 11: recites “an internal gear, sleeved on the motor to rotate with the motor”; however, this language is confusing. Is applicant attempting to claim that the motor itself rotates and not a drive shaft extending from the motor as is known in the art? This language is confusing and unclear because as far as the office is aware, a motor has a driveshaft that extends therefrom and rotates and elements can be sleeved on a motor’s driveshaft, not on the motor itself for rotation. The claim language is confusing and unclear and there are no figures to clarify this nor any language in the disclosure. It is unclear what exactly applicant is attempting to claim. For examination purposes, the claim will be treated as reciting “an internal gear connected to the motor to rotate”. Clarification or correction is requested.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, and 6-8, as best understood, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin (US 20240292935).
Claim 1: Lin discloses a hair curler (see Fig 1) comprising: a handle (40); a hair curling component comprising a thermally conductive cylinder (20) since all materials have a thermal conductivity and since the cylinder is heated, at least partially, by 100oC airflow [0048] caused by the heater (50). The thermal conductive cylinder (20) protrudes from a top of the handle (40), a hair entry groove (21) is formed on a top of the cylinder (see Figs 1-7). The curling component also includes an annular rotating rack (30) rotatably provided on a peripheral side of the cylinder (see Figs 1-2). A hair rotating entry (spaces between 31, Fig 7) is provided on a side wall of the hair rotating rack and is configured to extend along a height direction of the hair rotating rack (see Fig 7).
Claim 2: Lin discloses the hair rotating entry (space between 31, Fig 7) to extend to a bottom of the hair rotating rack (see Fig 7).
Claim 4: Lin discloses a width of the hair rotating entry gradually widening from the top to the bottom (see Fig 7).
Claim 6: Lin discloses an additional opening (other space between 31, Fig 7) or “transparent area” through an opposite side wall of the hair rotating rack (see Fig 7).
Claims 7-8: Lin further discloses the curler including a shell (10, see Fig 5) that covers the peripheral side of the hair rotating rack and a side wall of the shell is provided with a hair clipping opening (top of 13) located on a top of the shell and aligned with the hair entry groove in use (see Fig 1). The top hair clipping opening leads to and communicates with an avoidance opening (13, see Fig 5) located there-below (see Figs 1-5).
Claim(s) 1-8, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yong (US 20200196728).
Claim 1: Yong discloses a hair curler (see Figs 1-2) comprising: a handle (10); a hair curling component comprising a thermal conductive cylinder (30) [0024] and a hair rotating rack (40, see Figs 3-4). The thermal cylinder extends from a top of the handle (see Figs 1-2) and at least one hair entry groove (indents at 31) is formed on a top of the thermal cylinder (see Figs 1-2). The hair rotating rack is annular (see Figs 3-4) at least at its bottom, which is what applicant discloses, as best understood, and the hair rotating rack is provided on a peripheral side of the cylinder (see Figs 1-2). At least one hair rotating entry (gaps between 41+44) is provided on/through a sidewall of the hair rotating rack (see Figs 3-4) and extends along a height direction of the hair rotating rack (see Figs 3-4).
Claim 2: Yong discloses the hair rotating entry (gaps between 41+44) extending to a bottom of the hair rotating rack (see Figs 3-4).
Claim 3: Yong discloses a width of the hair rotating entry can gradually decrease from the top to the bottom (see Fig 4).
Claim 4: Yong discloses a width of the hair rotating entry can gradually increase from the top to the bottom (see Fig 3).
Claim 5: Yong discloses a baffle strip (42) [0028] protruding from an inner wall of the hair rotating rack (see Fig 3) on both sides of the hair rotating entry and along the height direction of the hair rotating rack (see Fig 3).
Claim 6: Yong discloses two hair rotating entries (gaps between 41+44) with one forming a “transparent area” or an opening through the sidewall of the hair rotating rack (see Figs 3-4).
Claims 7-8: Yong discloses the curler further comprising a shell (20) configured to fixedly cover the peripheral side of the hair rotating rack (see Figs 1-2) and a sidewall of the shell comprises a hair clipping opening (21) on a top of the shell opposite the hair entry groove (see Figs 1-2). The sidewall of the shell is also provided with an avoidance opening (gap between sidewalls of 20, see Fig 1) located below the hair clipping opening and communicating with the hair clipping opening (see Figs 1-2).
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 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.
Claim(s) 1-2 and 5-11, as best understood, is/are rejected under 35 U.S.C. 103 as being obvious over Yeung (US 20170215541) in view of Lin (US 20240292935).
Claim 1: Yeung discloses a hair curler (20, see Figs 8-9) comprising: a handle (211); a hair curling component comprising a thermal conductive cylinder (221) [0048] and a hair rotating rack (222). The thermal conductive cylinder protrudes from a top of the handle (see Figs 8-9), the hair rotating rack has an annular structure (see Fig 9) and is rotatably provided on a peripheral side of the thermal conductive cylinder (see Figs 8-9). A hair rotating entry (222a) is provided on/through a sidewall of the hair rotating rack and extends along a height direction of the hair rotating rack (see Figs 8-12). Yeung discloses the invention essentially as claimed except for a hair entry grooved formed on a top of the thermal conductive cylinder.
Lin, however, teaches a hair curler (see Fig 1) comprising: a handle (40); a hair curling component comprising a hair wrapping cylinder (20) that protrudes from a top of the handle (40), a hair entry groove (21) is formed on a top of the cylinder (see Figs 1-7). The curling component also includes an annular rotating rack (30) rotatably provided on a peripheral side of the cylinder (see Figs 1-2). A hair rotating entry (spaces between 31, Fig 7) is provided on a side wall of the hair rotating rack and is configured to extend along a height direction of the hair rotating rack (see Fig 7). The cylinder has the hair entry groove (21) formed on the top in order to assist in trapping and wrapping the hair around the cylinder in use [0065-0066]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the curler of Yeung by providing the thermal conductive cylinder of Yeung with a hair entry groove in view of Lin order to better trap and entrain hair during use for curling.
Claim 2: Modified Yeung discloses the invention of claim 1 and Yeung further discloses the hair rotating entry extending to a bottom of the hair rotating rack (222, see Fig 9).
Claim 5: Modified Yeung discloses the invention of claim 2 and Yeung further discloses a baffle strip (222E, Fig 12) protruding from an inner wall of the rotating rack on both sides of the hair rotating entry and the baffle strip extends along the height direction of the hair rotating rack (see Figs 9 & 12).
Claim 6: Modified Yeung discloses the invention of claim 1 and Yeung further discloses another opening, or “transparent area”, (222b) on the sidewall of the hair rotating rack (see Fig 12).
Claims 7-8: Modified Yeung discloses the invention of claim 1 and Yeung further discloses the curler further comprising a shell (212) covering the peripheral side of the hair rotating rack and a sidewall of the shell is provided with a hair clipping opening (top opening of 212) on a top of the shell and aligned with the hair entry groove (because this would happen based on the proposed modification above to claim 1) and the sidewall of the shell is also provided with an avoidance opening (213) located below the hair clipping opening and communicating with the hair clipping opening (see Figs 8-12).
Claims 9-10: Modified Yeung discloses the invention of claim 7 and Yeung further discloses a bottom of the shell and a top of the handle being arranged flush with each other at their junction (see Fig 13) including at a side of the shell away from the hair clipping opening (see Fig 10-11) and also being arranged eccentrically (see Fig 11) such that a central longitudinal axis of the shell is offset from the central longitudinal axis of the handle toward a side where the hair clipping opening is located (see Fig 11) with the thermal conductive cylinder overlapping with the central axis of the shell and the central axis of the handle. A side of the shell carrying the hair clipping opening protrudes eccentrically from the handle (see Fig 11).
Claim 11: Modified Yeung discloses the invention of claim 9 and Yeung further discloses the curler further comprising a driving motor (see Fig 5) [0022] inside the handle and located at a top of the handle (see Fig 5); an internal gear (123b) is attached to the motor output shaft to rotate via the motor (see Fig 5); and an external gear (interior of 123a) provided at a bottom of the hair rotating rack and the internal and external gears mesh to rotate the rotating rack [0022].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Friday 10:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
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