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 objections
Claim 16 line 1 should read “The hair iron according to [[claim 1, further comprising:” in order to be consistent with rest of the claims. Correction is required to overcome this issue.
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 do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is “light emitting unit” in claims 9 and 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure “The light emitting unit 34 includes: LEDs (light emitting device) 341; an LED holder (support) 342 that supports the LEDs 341; and an LED cover (support) 343. The LED 341 is preferably a red LED which emits light with a wavelength ranging from 615 nm or more and 655 nm or less. Incidentally, as a replace of the LEDs 341, halogen lamps may be used as the light emitting devices; see ¶0031” described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-6 and 16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Feng (US 20180070694 A1, hereinafter “Feng”).
Claim 1. Feng discloses a hair iron (abstract and Fig 1-8), comprising: a grip section (Fig 1, upper handle 5 section and lower handle section 1) configured to be grasped by a user (Fig 1, upper handle 5 and lower handle 1 sections are capable to be grasped by a user) ; and an iron section (Fig 8, aluminum tubes 16 and 17) which is provided at a front end part of the grip section (Fig 8) and is used to wind therearound and curl hair (¶0023), wherein the iron section includes: a cylindrical main body (Fig 1, main body of aluminum tubes 16 and 17); and a pair of electrodes (Fig 7 and ¶0009, upper fabric 21 and lower fabric 27 generate ions) which are provided opposing to each other on a peripheral surface of the main body (Fig 7) and are exposed from the main body (Fig 7 and ¶0005, upper fabric 21 is arranged outside upper aluminum tube 16 and lower fabric 27 is arranged outside lower aluminum tube 17).
Claim 2. Feng discloses the invention of claim 1. Feng further discloses each of the electrodes has an elongated shape and is provided along a longitudinal direction of the main body (Fig 7).
Claim 3. Feng discloses the invention of claim 1. Feng further disclose each of the electrodes has a function of conducting ions into or out of the hair (¶0009).
Claim 4. Feng discloses the invention of claim 1. Feng further discloses the iron section further includes a pair of heaters facing each other (Fig 8, first MCH 20 and second MCH 26) , the heaters being provided at positions which are between the pair of the electrodes and are inside the main body (Fig 8).
Claim 5. Feng discloses the invention of claim 4. Feng further discloses each of the heaters (first MCH 20 and second MCH 26) has an elongated shape, and is provided along a longitudinal direction of the main body (Fig 8).
Claim 6. Feng discloses the invention of claim 4. Feng further discloses each of the heaters (first MCH 20 and second MCH 26) includes: a heat generator; and an insulator which coats the heat generator, and the insulator contains aluminum oxide as a main component (first MCH 20 and second MCH 26 are metal ceramic heaters (MCH). MCM heaters generate heat with insulators coats that contain aluminum oxide as the main component. See Applicant’s own disclosure in ¶0026).
Claim 16. Feng discloses the invention of claim 1. Feng further discloses a plate-shaped press section (Fig 1, clamping sheet 22 and 9) which is provided to be movable close to and apart from the iron section (Fig 1, clamping sheet 22 is movable close to and apart from the iron section during use), and is configured to press the hair wound around the iron section against the iron section (Fig 1, the clamping section 22 is capable to press the hair wound around the iron section against the iron section), the press section further includes a stress release member (Fig 8, double torsion spring 10) provided on a surface on a side closer to the iron section (Fig 8, double torsion spring 10 is provided on a surface on a side closer to the iron section between 9 and support cover 7 and support frame 8).
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 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Feng (US 20180070694 A1, hereinafter “Feng”) in view of Totsuka et al (US 20220007807A1, hereinafter “Totsuka”).
Claim 7. Feng discloses the invention of claim 1. Feng further discloses comprising a plate-shaped press section (Fig 1, clamping sheet 22 and 9) which is provided to be movable close to and apart from the iron section (Fig 1, clamping sheet 22 is movable close to and apart from the iron section during use) , and is configured to press the hair wound around the iron section against the iron section (Fig 1, the clamping section 22 is capable to press the hair wound around the iron section against the iron section); but silent to the press section has an opening that penetrates in a thickness direction of the press section.
Totsuka teaches a hair care apparatus (abstract and Fig 1-11) including a grip section (Fig 1, 20), an iron section (Fig 1, 16), and a press section (Fig 1, 18b) has an opening that penetrates in a thickness direction of the press section (Fig 18, opening inside 18b with penetration thickness of the opening in a direction of the press section 18b) to provide an efficient transfer and dissipation of heat from the heating rod in order to prevent unwanted hair damage, and to provide an aesthetic appearance of the hair device to meet user’s needs and preferences.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the press section of Feng’s hair iron device, and incorporate an opening inside the press section, as taught by Totsuka’s hair apparatus, to provide an efficient transfer and dissipation of heat from the heating rod in order to prevent unwanted hair damage, and to provide an aesthetic appearance of the hair device to meet user’s needs and preferences.
Claim 8. Feng discloses a hair iron (abstract and Fig 1-8), comprising: a grip section (Fig 1, upper handle 5 section and lower handle section 1) configured to be grasped by a user (Fig 1, upper handle 5 and lower handle 1 sections are capable to be grasped by a user); an iron section (Fig 8, aluminum tubes 16 and 17) which is provided at a front end part of the grip section (Fig 8) and is used to wind therearound and curl hair (¶0023); and a plate-shaped press section (Fig 1, clamping sheet 22 and 9) which is provided to be movable close to and apart from the iron section (Fig 1, clamping sheet 22 is movable close to and apart from the iron section during use), and is configured to press the hair wound around the iron section against the iron section (Fig 1, the clamping section 22 is capable to press the hair wound around the iron section against the iron section), wherein the iron section includes: a cylindrical main body (Fig 1, main body of aluminum tubes 16 and 17); but silent to the press section has an opening that penetrates in a thickness direction of the press section.
Totsuka teaches a hair care apparatus (abstract and Fig 1-11) including a grip section (Fig 1, 20), an iron section (Fig 1, 16), and a press section (Fig 1, 18b) has an opening that penetrates in a thickness direction of the press section (Fig 18, opening inside 18b with penetration thickness of the opening in a direction of the press section 18b) to provide an efficient transfer and dissipation of heat from the heating rod in order to prevent unwanted hair damage, and to provide an aesthetic appearance of the hair device to meet user’s needs and preferences.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the press section of Feng’s hair iron device, and incorporate an opening inside the press section, as taught by Totsuka’s hair apparatus, to provide an efficient transfer and dissipation of heat from the heating rod in order to prevent unwanted hair damage, and to provide an aesthetic appearance of the hair device to meet user’s needs and preferences.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Feng (US 20180070694 A1, hereinafter “Feng”) in view of Totsuka et al (US 20220007807A1, hereinafter “Totsuka”) as applied to claim 7 above, and further in view of Chen Shirong (CN207202398U, hereinafter “Shirong”).
Claim 9. Feng and Totsuka teach the invention of claim 7, but silent to wherein the iron section further includes a light emitting unit provided in an upper position of the main body, where the upper position denotes a position closer to the press section, and light emitted by the light emitting unit passes through the opening while the press section is close to the main body.
Shirong teaches similar hair curling rod (Fig1-2) with the iron section (Fig 2, 5) further includes a light emitting unit (Fig 2, first light bar 8 and second light bar 12) provided in an upper position of the main body (Fig 2) , where the upper position denotes a position closer to the press section (15) (Fig 1-2), and light emitted by the light emitting unit passes through the opening (Fig 2, light emitting grooves 5a) while the press section is close to the main body (Fig 2) so that the infrared rays emitted from infrared lamps have a high frequency of radiation and strong permeability, so that the wavelength of infrared rays can just penetrate the human dermis to achieve the functions of promoting blood circulation and improving skin tissue (Page 1, highlighted paragraph).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the hair iron of the combination of Feng and Totsuka and incorporate a light emitting unit provided in an upper position of the main body, where the upper position denotes a position closer to the press section, and light emitted by the light emitting unit passes through the opening while the press section is close to the main body, as taught by Shirong, so that so that the infrared rays emitted from infrared lamps have a high frequency of radiation and strong permeability, so that the wavelength of infrared rays can just penetrate the human dermis to achieve the functions of promoting blood circulation and improving skin tissue.
Claim 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Feng (US 20180070694 A1, hereinafter “Feng”) in view of Chen Shirong (CN207202398U, hereinafter “Shirong”).
Claim 10. Feng discloses the invention of claim 1. Feng further discloses a plate-shaped press section (Fig 1, clamping sheet 22 and 9) which is provided to be movable close to and apart from the iron section (Fig 1, clamping sheet 22 is movable close to and apart from the iron section), and is configured to press the hair wound around the iron section against the iron section (Fig 1, the clamping section 22 is capable to press the hair wound around the iron section against the iron section); but silent to the iron section further includes a light emitting unit provided in an upper position of the main body, where the upper position denotes a position closer to the press section.
Shirong teaches similar hair curling rod (Fig1-2) with iron section (Fig 2, 5) further includes a light emitting unit (Fig 2, first light bar 8 and second light bar 12) provided in an upper position of the main body (Fig 1-2), where the upper position denotes a position closer to the press section (15) (Fig 1-2) so that the infrared rays emitted from infrared lamps have a high frequency of radiation and strong permeability, so that the wavelength of infrared rays can just penetrate the human dermis to achieve the functions of promoting blood circulation and improving skin tissue (Page 1, highlighted paragraph).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the hair iron of Feng and incorporate a light emitting unit provided in an upper position of the main body, where the upper position denotes a position closer to the press section, as taught by Shirong, so that so that the infrared rays emitted from infrared lamps have a high frequency of radiation and strong permeability, so that the wavelength of infrared rays can just penetrate the human dermis to achieve the functions of promoting blood circulation and improving skin tissue.
Claim 11. Feng and Shirong teach the invention claim 10. Shirong further teaches the light emitting unit (Fig 2, first light bar 8 and second light bar 12) includes: a light emitting device (first light bar 8 and second light bar 12); and a support (Fig 2, 11) that supports the light emitting device (Fig 2).
Claim 12. Feng and Shirong teach the invention claim 11. Shirong further teaches a plurality of the light emitting devices are provided along a longitudinal direction of the main body (Fig 2).
Claim 13. Feng and Shirong teach the invention claim 10. Shirong further teaches the iron section (Fig 2, 5) further includes a force member (Fig 2, sleeve 7 and 13) that applies force to the light emitting unit from the main body toward the upper position (sleeves 7 and 13 apply force during contact with first light bar 8 and second light bar 12 from the main body toward the upper position).
Claim 14. Feng and Shirong teach the invention of claim 10. Feng is silent to the iron section further includes a stress release member provided in the upper position of the light emitting unit in the main body.
Shirong teaches similar hair curling rod (Fig1-2) with iron section (Fig 2, 5) further includes a light emitting unit (Fig 2, first light bar 8 and second light bar 12) provided in an upper position of the main body (Fig 1-2), the iron section (Fig 2, 5) further includes a stress release member (Fig 2, first and second silica gel strips 6 and 14) provided in the upper position of the light emitting unit in the main body so that the first silica gel strip 6 or the second silica gel strip 14 covers the light-emitting groove 5a. The first silica gel strip 6 and the second silica gel strip 14 play a role of transmitting light on the one hand and act as a water-proof and dust-proofing function on the other hand (Page 3, highlighted 6th paragraph).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the hair iron of Feng device and incorporate the stress release member made of silicone strip, as taught by Shirong, so that the first silica gel strip 6 or the second silica gel strip 14 covers the light-emitting groove 5a. The first silica gel strip 6 and the second silica gel strip 14 play a role of transmitting light on the one hand and act as a water-proof and dust-proofing function on the other hand.
Claim 15. Feng and Shirong teach the invention of claim 14. Shirong further teaches the iron section further includes a fixing member (Page 3, highlighted 5th paragraph, outer surface of first and second bracket 9 and 11) that fixes the stress release member (silica gel strips 6 and 14) to the light emitting unit (Fig 2), and has an opening (Fig 2, grooves 5a) through which light emitted by the light emitting unit can pass.
Conclusion
Additional references were also reviewed during the examination of this application and listed for your reference in the notice of reference cited form.
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/KARIM ASQIRIBA/Examiner, Art Unit 3772
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