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 Objections
Claim 2 is objected to because of the following informalities: Claim 2 contains clauses which are already recited in claim 1 and are therefore duplicative. For example, claim 2 recites “the two heating tube curling assemblies are disposed at the main housing assembly, the heating tube curling assembly comprises the heating tube” and “the heating tube curling assembly is mounted in the hair hook assembly” where these limitations are provided in lines 3-5 and 7-8 of claim 1. Appropriate correction is required.
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 12 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 11 recites the limitation "the upper cover" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the handle" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the tail wire box" in line 5. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-4 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu et al. (CN110192700A).
Regarding claim 1, Hu et al. disclose an electric hair curler (Refer to Figures 1-4), comprising: a main housing assembly (10,20,30); two heating tube curling assemblies (42, 45) arranged in parallel, wherein the two heating tube curling assemblies are disposed at the main housing assembly and each comprise a heating tube (42); and two rotatable hair hook assemblies (41,43) arranged in parallel, wherein the two hair hook assemblies are connected to the main housing assembly, and the heating tube curling assemblies are mounted in the hair hook assemblies.
Regarding claim 2, Hu et al. disclose the two heating tube curling assemblies are disposed at the main housing assembly, the heating tube curling assembly comprises the heating tube, and the heating tube is configured to heat so as to heat hair (42 is heated, Refer to page 4 paragraph beginning with “The working principle”); and the heating tube curling assembly is mounted in the hair hook assembly, and the hair hook assembly is configured to be rotatable relative to the heating tube curling assembly, so as to wind the hair around the heating tube curling assembly (Refer to page 4, paragraph beginning with “the drive component 50”), such that the heating tube curling assembly heats the hair for styling.
Regarding claim 3, Hu et al. disclose a gear reversing assembly (54,53,52,56,51), wherein the gear reversing assembly is connected to the main housing assembly and the hair hook assembly.
Regarding claim 4, Hu et al. disclose the gear reversing assembly (54,53,52,56,51) comprises a transmission assembly (52,53,54), a motor assembly (51), and a control assembly (control panel 24), the transmission assembly is connected to the hair hook assembly and the motor assembly, and the motor assembly is connected to the control assembly; and the transmission assembly achieves relative rotation or opposite rotation between the two hair hook assemblies through mutual meshing relationship of gears (52, 53 and gear portions of 54); and the transmission assembly comprises a first gear (leftmost gear of 53), a second gear (middle gear of 53), a third gear (rightmost gear of 53), a fourth gear (leftmost gear of 54), and a fifth gear (52), the first gear is connected to the second gear, and the third gear meshes with the second gear.
Regarding claim 10, Hu et al. disclose a hair splitter (portion of 11 forming tapered portion 12, Refer to Figures 1 and 2) wherein the hair splitter is disposed at the main housing assembly (10,20,30) and in the middle between the heating tube curling assemblies (Refer to Figure 2).
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 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. as evidenced by Hollinger et al. (US 20170049476).
Regarding claim 4, Hu et al. disclose the gear reversing assembly (54,53,52,56,51) comprises a transmission assembly (52,53,54), a motor assembly (51), and a control assembly (control panel 24), the transmission assembly is connected to the hair hook assembly and the motor assembly, and the motor assembly is connected to the control assembly; and the transmission assembly achieves relative rotation or opposite rotation between the two hair hook assemblies through mutual meshing relationship of gears (52, 53 and gear portions of 54). The transmission assembly of Hu et al. includes a plurality of gears; however, Hu et al. do not disclose first, second, third, fourth and fifth gears where the first gear is connected to the second gear, the third gear meshes with the second gear, the fourth gear is configured to be movable along an axial direction of the motor assembly, so as to mesh with the first gear and the fifth gear or with the third gear and the fifth gear; wherein when the fourth gear meshes with the first gear and the fifth gear, the control assembly drives the motor assembly to operate, and the transmission assembly drives the two hair hook assemblies to rotate in a same direction; and when the fourth gear meshes with the third gear and the fifth gear, the control assembly drives the motor assembly to operate, and the transmission assembly drives the two hair hook assemblies to rotate in opposite directions.
It is well-known and conventional in the art to modify drive mechanisms and gear configurations thereof to permit rotation in the same or opposite directions as demonstrated by Hollinger et al. (Refer to paragraphs 0032 and 0037). The device of Hollinger et al. provides two rotating elements driven by a motor and transmission mechanism which provides a plurality of gears, Hollinger et al. explain that the transmission mechanism (drive means) may be configured in various alternative designs to achieve rotation of the elements in the same or opposite directions and with the same or different speeds where a button is pushed forward or backward to activate the desired mode of operation. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the transmission assembly of Hu et al. such that the gear arrangement provide a fourth gear which is movable in an axial direction, via a button, so as to selectively mesh with first and fifth gears permitting rotation of the hook assemblies in the same direction, and selectively mesh with third and fifth gears permitting rotation of the hook assemblies in opposite directions, as Hollinger et al. demonstrate it is well-known and conventional to those of ordinary skill to provide various gear configurations as a matter of design choice to achieve rotation in the same or opposite directions.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al., or alternatively over Hu et al as evidenced by Hollinger et al. as applied to claim 4 above, as evidenced by Tsai (US 20100300474).
Regarding claim 6, Hu et al. and Hu et al. as evidenced by Hollinger et al. disclose the hair curler of claim 4 above, where Hu et al. further disclose the motor assembly comprises a motor (51) where the fifth gear is fitted with a motor shaft of the motor and one such motor is provided (Refer to Figures 1 and 4 and page 4, paragraph beginning with “the drive component 50” which explains that the motor shaft is connected to fifth gear 52, which drives gears 53 and thereby gears 54); however, Hu et al. is silent regarding the fitting between the fifth gear and motor shaft being a clearance fitting and do not disclose a motor speed reduction box mounted at an upper end of the motor.
Although Hu et al. do not explicitly disclose a clearance fit between the fifth gear and motor shaft, it is conventional practice to provide a clearance fit between such rotating parts to ensure smooth movement without binding, preventing friction and wear while also providing the benefit of easy assembly and disassembly. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fit between the fifth gear and motor shaft of Hu et al., or Hu et al. as evidenced by Hollinger et al. such that the fit be a clearance fit because clearance fits are well-known and commonly implemented in such applications in order to ensure smooth movement, prevent friction and wear and facilitate assembly and disassembly.
Additionally, it is well-known and conventional for motors to include a speed reduction box on an upper end of the motor as demonstrated by Tsai. The hair device of Tsai provides a motor 13, where a speed reduction box 14 is provided at an upper end of the motor and the motor shaft 15 extends from the speed reduction box, allowing the hair contacting portion of the device to rotate at a desired speed, per the reduction provided by the speed reduction box. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair curler of Hu et al., or Hu et al. as evidenced by Hollinger et al., such that a motor speed reduction box be provided at an upper end of the motor as Tsai demonstrates such a motor assembly configuration is well-known and conventional and provides the benefit of rotating the fifth gear and thereby the hair winding at a desired reduced speed.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. and Hollinger et al., as applied to claim 4 above and further in view of Maman (WO 2022040526).
Regarding claim 7, Hu et al. as evidenced by Hollinger et al., disclose the hair curler of claim 4 above, where Hu et al. further disclose the main housing assembly comprises an upper cover (10 or 10,20) and a bottom cover (20 or 30), where the bottom cover is connected to the upper cover, where a push button (button disclosed by Hollinger et al. which permits selecting same or different directions per modification in rejection of claims 4 and 5 above) is moved along an axial direction of the motor assembly and the push button is connectable to the fourth gear to drive it to move and mesh with the first and fifth gears, or the third and fifth gears (Refer to rejection of claims 4 and 5 above); however, Hu et al. as evidenced by Hollinger do not disclose a handle located below and connected to the bottom cover, a wire terminal of a tail box connected to a lower end of the handle, and the push button being disposed outside a joint between the upper and bottom covers.
Although Hu et al. as evidenced by Hollinger et al. do not specifically provide the push bottom disposed outside a joint between the upper and bottom covers, the push button is provided and one of ordinary skill in the art understands that the location of a push button may be placed anywhere it is accessible to the user. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the curler of Hu et al. as evidenced by Hollinger et al. such that the push button be disposed outside a joint between the upper and bottom covers, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Hu et al. are silent regarding providing a handle and do not discuss details related to the wiring and powering of the device. It is understood that the device requires wiring and connection to a power source to function but these details are simply omitted. Maman discloses a similar hair curling device having two heating tubes (51,52), where the tubes are coupled to a base or platform (40, analogous to the bottom cover of Hu et al.) similar to the configuration of Hu et al.; however, Maman provides a handle extending from the base where the handle provides a wire terminal for a tail wire box (Refer to Figure 4 depicting the power cord and tail wire box). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hu et al. as evidenced by Hollinger et al. such that the main housing assembly include a handle extending from the bottom cover opposite the heating tubes and a wire terminal of a tail wire box connected to a lower end of the handle as taught by Maman in order to facilitate holding the device during use and provide conventional structures for delivering power to the electrical elements thereof.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. as evidenced by Dorn (US 3805811)
Regarding claim 8, Hu et al., or Hu et al. as evidenced by Hollinger et al., disclose the hair curler of claim 1 above; however, Hu et al. is silent regarding the internal arrangement of the heating tubes and therefore does not disclose a heat conducting sheet disposed in the heating tube, where an upper end of the heat conducting sheet is connected to an upper heat insulating sheet and a lower end to the heat conducting sheet is connected to a lower heat insulating fixing seat. Dorn, published in 1974, is directed to a hair curling device where the heating tube (2) includes a heat conducting sheet (18) disposed therein, where an upper end of the heat conducting sheet is connected to an upper heat insulating sheet (upper portion of 19) and a lower end of the heat conducting sheet is connected to a lower heat insulation fixing sheet (lower portion of 19). Dorn demonstrates it is well-known and conventional for heated hair styling devices to provide heat conductive sheets and insulating elements within the styling head, as claimed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair curler of Hu et al. such that the heating tube contain a heat conducting sheet connected at an upper end to an upper heat insulation sheet and at a lower end to a lower heat insulation sixing seat as such is conventional practice in the art as evidenced by Dorn in order to heat the heating tube.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. as evidenced by Dorn as applied to claim 8 above, and further in view of Lee (US 10010148).
Regarding claim 9, Hu et al. as evidenced by Dorn disclose the hair curler of claim 8 above, wherein the heating tube curling assembly further comprises a hair fixing assembly (45) located on a side of the upper heat insulation sheet away from the heating tube (Refer to Figures 1-3 of Hu et al.); however, Hu et al. as evidenced by Dorn does not disclose the hair fixing assembly being U-shaped where it comprises a U-shaped hair fixing member and a hair guide member, where a top end of the U-shaped hair fixing member is provided with a U-shaped opening used for placing the hair guide member. Lee discloses an electric hair curler where the heating tube curling assembly includes a U-shaped hair fixing assembly (330,320) which comprises a U-shaped hair fixing member (330) having a U-shaped opening (opening between ridges of 330 are U-shaped to fit ribs 327) for placing a hair guide member (320, Refer to Figures 12, 13, 16 and 17). The aforementioned configuration provides added protection against burning. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair curler of Hu et al. as evidenced by Dorn such that the hair fixing assembly include a U-shaped hair fixing member provided with a U-shaped opening for placing a hair guide member as Lee demonstrates this is a known configuration in the art and provides the benefit of enhanced burn protection.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. as evidenced by Janouch et al. (US 6354305).
Regarding claim 11, Hu et al. disclose the hair curler of claim 10 above, wherein of the hair splitter, a top is a sharp structure (apex of 12), two sides gradually spread in a pyramid shape (Refer to Figures 1 and 2, from the apex toward the heating tubes, the side walls spread out forming a pyramid shape) and a bottom is provided with a snapping position for connection with the upper cover (20); however, Hu et al. do not disclose an inner side is provided with a hollow rib to prevent hair from slipping. It is well-known and conventional in the art for ribs to be incorporated on hair contacting structures to improve grip and prevent slipping as evidenced by Janouch et al. (published in 2002, Refer to col. 3 lines 60-65), for this reason it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hu et al. to include a hollow rib on the inner side of the hair splitter.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al., or alternatively over the combination of Hu et al. Hollinger et al., as applied to claim 4 above and in view of Ashkenazi (US 10799005).
Regarding claim 12, Hu et al., or Hu et al. as evidenced by Hollinger et al., disclose the hair curler of claim 4 above where Hu et al. explain the device includes a control assembly but fails to provide details of the control assembly and therefore, does not disclose the control assembly having a printed circuit board, left and right rotation buttons, a lead box, a switch button, where the PCB is disposed in a handle, the lead box is on the PCB, an upper end of the lead box is connected to the motor assembly, a lower end of the lead box is connected to a tail wire box and the left rotation button, right rotation button and switch button are mounted on the handle and all connected to the PCB.
Hu et al. are silent regarding providing a handle and do not discuss details related to the wiring and powering of the device. It is understood that the device requires wiring and connection to a power source to function but these details are simply omitted. Ashkenazi discloses a similar hair curling device having a heating tube connected to a base portion similar to the configuration of Hu et al.; Ashkenazi however, rotating component driven by a motor assembly, where a control assembly is provided to control rotation (Refer to Figures 1a-6). Ashkenazi provides a handle extending from the base where the handle provides the various control elements such as the power (on/off) switch/button (104), left and right rotation buttons (106), a lead box (electrical connections joining motor 202 to PCB and connecting the lead box to a tail wire box (power supply) at 124), etc. One of ordinary skill in the art recognizes that the location and arrangement of these electrical elements can be selected as a matter of design choice, as the purpose is to control rotation of the motor and provide power to the electrical components (motor, heating element, etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair curler of Hu et al., or Hu et al. as evidenced by Hollinger et al. to include a handle such that the control assembly be disposed in/on the handle and include a PCB, left and right rotation buttons, a switch button, lead box and tail wire box, all operatively coupled to control the motor assembly, as claimed, as Ashkenazi demonstrates these are well-known and conventional electrical elements are arrangements used in such devices, where incorporation thereof in a handle facilitates holding and controlling the device during use by providing the controls in an easily accessible location.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. and Mendezmonsanto (US 6109275).
Regarding claim 13, Hu et al. disclose the electric hair curler of claim 1 above, wherein the hair hook assembly comprises a hair hook claw (41,43); however, Hu et al. are silent regarding a bearing seat being mounted below the hair hook claw and a bearing being mounted in the hair hook claw and above a bearing seat. Mendezmonsanto discloses a hair winding device where a hair hook assembly is rotatably driven (Refer to Figures 1 and 2). The hair hook assembly includes a hair hook claw (2,3), a bearing (15) and a bearing seat (portion of 13 to which bearings are secured), where the bearing seat is mounted below the hair hook claw and the bearing is mounted in the hair hook claw and above the bearing seat (Refer to Figure 1). It is well-known in the art to use bearings in such applications as they provide smooth and efficient movement, reduce friction and extend the life of the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair curler of Hu et al. such that a bearing be mounted in the hook claw and above a bearing seat which is below the hook claw as taught by Mendezmonsanto as bearings are known to provide smooth and efficient movement, reduce friction and extend the life of the device.
Conclusion
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/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799