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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application No. JP2023-116322, JP2024-009994, filed on 07/14/2023 and 01/26/2024.
Claim Objections
Claim 12 is objected to because of the following informalities:
Line 3, “the second heating plate is configured with a plurality of the second heating plates”, reads as a functional limitation, rather than positively reciting the structure of the plurality of heating plates. Examiner recommends Applicant amend the claim language to clarify that the structure is being positively recited.
Appropriate correction is required.
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(s) 1-7, 10-12, and 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boateng et al. (US 20180220768 A1), herein Boateng, in view of Yamamoto et al. (US 20060272665 A1), herein Yamamoto.
Regarding claim 1, Boateng discloses a hair beauty instrument (10a) comprising:
a vibration unit (20a+34+29) including a vibration plate (20a), the vibration plate (20) being configured to be in contact withhair (40), the vibration unit (20a+34+29) being configured to apply vibrations having a frequency to the hair (40) (refer to Paragraphs [0136], [0144], [0146]; the vibrating plate (20a) pushes the hair in an alternating manner at or near its “resonant” frequency; a shaft (34) and electric motor (29) drive the plate (20a)),; and
a heating unit (24b+24d+25b+25d) including a heating plate (24b), the heating plate (24b) being configured to be in contact with the hair (40), the heating unit (24b+24d+25b+25d) being configured to apply heat to the hair (40) (refer to Paragraphs [0090], [0145]; the hair (40) is held between the first (24b) and second (24d) heater plates and the opposing plates (24a, 24b); electrical heating elements (25b, 25d) heat the plates (24b, 24d)), the heating plate (24b) being parallel to the vibration plate (20a) (refer to annotated Fig. 7A below),wherein a temperature of a partof the heating plate (24b) is configured to be set at 100°C or more (refer to Paragraph [0124]; Examiner understands this limitation as functional; the heating plates at the inlet are operated in a range of 60°-135°C, while the heating plates at the outlet are operated above 135°C; thus, the plates are capable of being set at 100°C or more).
Boateng teaches that ideally the hair is vibrated at or near its “resonant frequency”, where the resonant frequency of the hair is dependent on (a) the type of hair; (b) the amount and length of hair in the plenum chamber (22); (c) the amount of water on the hair; and (d) the tension of the hair in the plenum chamber (22). Thus, the device is provided with user controls to adjust the frequency of the vibrating plate (20b) (refer to Paragraphs [0136], [0137]), suggesting modification to the provided range of 10kHz to 1kHz (refer to Paragraph [0135]); however, Boateng does not explicitly teach the frequency of the vibrations being in a range of 0.8 MHz to 1.5 MHz.
Yamamoto discloses an ultrasonic hair treatment device (D) in the same field of endeavor (refer to Paragraph [0023]), with a vibration unit (20) and vibration plate (22) that vibrates in the range of 500kHz to 10MHz (refer to Paragraph [0025]). This greater range ensures that the user can adjust the frequency to be at resonance for ideal hair styling.
Further, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (The prior art taught carbon monoxide concentrations of “about 1-5%” while the claim was limited to “more than 5%.” The court held that “about 1-5%” allowed for concentrations slightly above 5% thus the ranges overlapped.) MPEP § 2144.05-I.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the frequency of vibrations of Boateng with the range of 500kHz to 10MHz (refer to Paragraph [0025]) as taught by Yamamoto in order to provide a greater range of vibration, ensuring that the user can adjust the frequency to be at resonance, as Boateng teaches this resonance frequency as the optimum range for styling the hair (refer to Paragraphs [0136], [0137]).
Regarding claim 2, Boateng and Yamamoto disclose the hair beauty instrument according to claim 1; Boateng further discloses the hair beauty instrument (10a) comprising a support unit (12+14) configured to support the heating unit (24b+24d+25b+25d) and the vibration unit (20a+34+29) (refer to Paragraphs [0089], [0090], [0146]; the first arm (12) provides the first (24a) and second (24b) heater plates in the plenum chamber (22); the second arm (14) houses the vibrating plate (20a), first (24b) and second (24d) heater plates).
Regarding claim 3, Boateng and Yamamoto disclose the hair beauty instrument according to claim 2, wherein the vibration unit (20a+34+29) includesa vibration mechanism (34+29) and the vibration mechanism (34+29) is configured to apply the vibrations to the hair (40) via the vibration plate (20a) (refer to Paragraph [0144]),,
the heating unit (24b+24d+25b+25d) includes a heating mechanism (25b) -, and the heating mechanism (25b) is configured to apply the heat to the hair (40) via the heating plate (24b) (refer to Paragraph [0090]), and
the support unit (12+14) includes a first housing (12) and a second housing (14) , the first (12) and second (14) housings are configured to move toward each other and away from each other, and the support unit (12+14) is configured to clamp the hair between the first housing (12) and the second housing (14) (refer to Paragraph [0145]; the hair (40) is held between the heater plates (24a-24d) of the first (12) and second (14) arms).
Regarding claim 4, Boateng and Yamamoto disclose the hair beauty instrument according to claim 3; Boateng further discloses wherein the vibration plate (20a) and the heating plate (24b) are provided together in one housing (14) among the first housing (12) and the second housing (14) (refer to annotated Fig. 7b below).
Regarding claim 5, Boateng and Yamamoto disclose the hair beauty instrument according to claim 4; Boateng further discloses wherein the one housing (14) has an elongated shape in a plan view, a first length of the one housing extends along a first longitudinal direction, a first width of the one housing extends along a first short direction, and the first length is larger than the first width (refer to Paragraph [0145], annotated Fig. 7a below; the first (12) and second arm (14) are symmetrical; the first arm (12) is shown as an elongated shape), and
the vibration plate (20a) and the heating plate (24b) are arranged side by side along the first short direction of the one housing in the plan view (refer to annotated Figs. 7a-7b below).
Regarding claim 6, Boateng and Yamamoto disclose the hair beauty instrument according to claim 4;wherein the heating unit (24b+24d+25b+25d) further includes a plurality of the heating plates (24b, 24d),and
the vibration plate (20a) is provided betweentwo adjacent heating plates (24b, 24d) of the plurality of the heating plates (24b, 24d) (refer to annotated Figs. 7a-7b below).
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Regarding claim 7, Boateng and Yamamoto disclose the hair beauty instrument according to claim 4, wherein another housing (12) among the first housing (12) and the second housing (14) is positioned facing to the vibration plate (20a)when the first housing (12) and the second housing (14) are brought close to each other (refer to annotated Fig. 7b above), and
the another housing (12) includes a functional unit (21a+23a) having a function different from a vibration function of the vibration plate (20a) (refer to Paragraph [0147], annotated Fig. 7b above; supplementary heater plates (21a, 21b) provide additional heating to the length of hair (40)).
Regarding claim 10, Boateng and Yamamoto disclose the hair beauty instrument according to claim 7; Boateng further discloses wherein theanother housing (12) further includes a second heating plate (24a), the second heating plate (24a) the functional unit (21a+23a) (refer to annotated Fig. 7b below; Examiner understands “provided together” as being provided in the same housing consistent with Paragraph [0028] of Applicant’s specification), and the second heating plate (24a) is configured to be in contact with the hair (40) and apply the heat from the heating mechanism (25b) to the hair (40) (refer to Paragraphs [0090], [0145]; the hair (40) is held between the first (24b) and second (24d) heater plates and the opposing plates (24a, 24b); electrical heating elements (25b, 25d) heat the plates (24b, 24d)).
Regarding claim 11, Boateng and Yamamoto disclose the hair beauty instrument according to claim 10; Boateng further discloses wherein theanother housing (12) has an elongated shape, in a plan view (refer to Fig. 7a; the first arm (12) is shown as an elongated shape), a second length of the another housing extends along a second longitudinal direction, a second width of the another housing extends along a second short direction, and the second length is larger than the second width (refer to Paragraph [0145], annotated Figs. 7a-7b from claims 5-6 above; as the housings (12, 14) are symmetrical, the second length and second width of the housing (12) is symmetrical with those shown for the first housing (14)), and
the second heating plate (24a) and the functional unit (21a+23a) are arranged side by side along the second short direction of the another housing (12) in the plan view (refer to annotated Fig. 7b below).
Regarding claim 12, Boateng and Yamamoto disclose the hair beauty instrument according to claim 11; Boateng further discloses wherein the second heating plate (24 is configured with a plurality of the second heating plates (24a, 24c) (Examiner understands this limitation as stating “a plurality of the second heating plates”, consistent with Fig. 10 and Paragraph [0027] of the specification),and the functional unit (21a+23a) is provided betweentwo adjacent second heating plates (24a, 24c) of the plurality of the second heating plates (24a, 24c) (refer to annotated Fig. 7b below).
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Regarding claim 16, Boateng and Yamamoto disclose the hair beauty instrument according to claim 3; Boateng is silent to where the vibration mechanism (34+29) is configured to output a value of the vibrations in a range of 0.05 W 2] of the vibration plate (9).
Yamamoto further discloses that the vibration unit (20) producing vibrations across the vibration plate (22) at a power of 0.1-5 W/ cm2 such that the clamped hairs receive uniform ultrasonic vibrations over the entire vibration plate (22) to enhance penetration of hair treatments (refer to Paragraph [0025]).
Further, In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (The prior art taught carbon monoxide concentrations of “about 1-5%” while the claim was limited to “more than 5%.” The court held that “about 1-5%” allowed for concentrations slightly above 5% thus the ranges overlapped.) MPEP § 2144.05-I.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the vibration mechanism (34+29) of Boateng to output vibrations ranging from 0.1-5 W/ cm2 as taught by Yamamoto, in order to enhance penetration of hair treatments (refer to Paragraph [0025]).
Regarding claim 17, Boateng and Yamamoto disclose the hair beauty instrument according to claim 3; Boateng further discloses wherein an end portion of the first housing (12) on a side opposite to where the hair (40) is configured to be clamped and an end portion of the second housing (14) on a side opposite to where the hair (40) is configured to be clamped are connected rotatably to each other (refer to Paragraph [0085], annotated Fig. 7a below; the first arm (12) and second arm (14) are coupled by a hinge (18)).
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Regarding claim 18, Boateng and Yamamoto disclose the hair beauty instrument according to claim 3; Boateng further discloses a leading unitconfigured to lead the hair (40) into a space between the first housing (12) and the second housing (14) that are brought close to each other (refer to Paragraph [0148]; Examiner understands this language as functional or intended us; styling means (42) are provided at the inlet or outlet to impart processes such as combing; this is the same structure as the leading unit of Applicant’s device (see Paragraph [0024] of the specification) and is therefore capable of performing the leading function).
Regarding claim 19, Boateng and Yamamoto disclose the hair beauty instrument according to claim 1; Boateng further discloses wherein, whenthe hair (40),
configured to be set in a range of 55°C to 200°C
Regarding claim 20, Boateng and Yamamoto disclose the hair beauty instrument according to claim 1; Boateng further discloses wherein the hair beauty instrument (10a) is configured to be operated in modes including:
a permeation mode of applying the vibrations to the hair (40) while the hair (40) is holding a liquid agent or is wet (refer to Paragraph [0103]; a user operated switch or microswitch causes the vibrating plate (20a) to impart vibration to the wet hair (40)); and
an iron mode of heating the hair (40) at a temperature of 100°C or more and adjusting a shape of the hair (40) (refer to Paragraphs [0123], [0175]; the microprocessor is configured to increase the temperature of the outlet heater plate elements (24) when the hair is dry for improved styling, acting as an “iron mode”; the heating plates at the inlet are operated in a range of 30°-185°C; thus, the plates are capable of being set at a temperature of 100°C or more).
Regarding claim 21, Boateng and Yamamoto disclose the hair beauty instrument according to claim 20; Boateng further discloses wherein the heating unit (24b+24d+25b+25d) is configured to further apply the heat to the hair (40) in the permeation mode (refer to Paragraph [0176]; the heater plate elements (24) operate at a lower heat when sensing the hair (40) is wet).
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(s) 1-5, and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takehana (US 20110079238 A1) in view of Yamamoto et al. (US 20060272665 A1), herein Yamamoto.
Regarding claim 1, Takehana discloses a hair beauty instrument (1) comprising:
a vibration unit (9+3+25+10) including a vibration plate (9), the vibration plate (9) being configured to be in contact with hair (99), the vibration unit (9+3+25+10) being configured to apply vibrations having a frequency to the hair (99) (refer to Paragraphs [0165], [0127]; vibration is applied to the hair (99) by the vibrator (9); the vibrator (9) is powered by a vibration means (3), transmitter (25) and cam mechanism (10); vibrations inherently have a frequency).
Takehana does not explicitly disclose a heating unit including a heating plate being configured to be in contact with the hair, the heating unit being configured to apply heat to the hair, the heating plate being parallel to the vibration plate, wherein a temperature of a part of the heating plate is configured to be set at 100°C or more.
Although this is not explicitly disclosed, Takehana does disclose a fixing unit (15b) configured to be in contact with the hair (99) (refer to Paragraph [0138]), and further discloses a temperature heater disposed in one or the other arm (2a, 2b), such that arms (2a, 2b) are directly heated). The fixing unit (15b) is part of the arm (2b) and parallel to the vibration plate (9) (refer to Paragraph [0138], Fig. 8B), and is disclosed as being a heat conductive material (refer to Paragraph [0161]; metal is a conductive material). In heating the arm (2b), the vibrating plate (9) and/or the fixing unit (15b) can be heated. As Takehana also discloses that is it preferable to provide a temperature heater in a range of 100°C-120°C to provide heat to the hair (99) being held for more effective styling (refer to Paragraph [0176]), and the metal fixing unit (15b) functions to hold the hair for styling (refer to Paragraph [0138]), it appears one of ordinary skill in the art would have had a reasonable expectation of success in modifying the fixing unit (15b) of Takehana to be directly heated to provide a strong styling treatment (refer to Paragraph [0176]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fixing unit (15b) of Takehana to be a heating unit and apply heat to the hair (99), wherein a temperature of a part of the heating plate (15b) can be set at 100°C or more (refer to Paragraph [0176]).
Takehana does not explicitly teach the frequency of the vibrations being in a range of 0.8 MHz to 1.5 MHz.
Yamamoto discloses an ultrasonic hair treatment device (D) in the same field of endeavor (refer to Paragraph [0023]), with a vibration unit (20) and vibration plate (22) that vibrate in the range of 500kHz to 10MHz (refer to Paragraph [0025]). This range ensures that hair product can effectively penetrate the hairs (refer to Paragraph [0025]).
Further, in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (The prior art taught carbon monoxide concentrations of “about 1-5%” while the claim was limited to “more than 5%.” The court held that “about 1-5%” allowed for concentrations slightly above 5% thus the ranges overlapped.) MPEP § 2144.05-I.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the frequency of vibrations of Takehana with the range of 500kHz to 10MHz (refer to Paragraph [0025]) as taught by Yamamoto, in order to ensure that hair product can effectively penetrate the hairs (refer to Paragraph [0025]).
Regarding claim 2, Takehana and Yamamoto discloses the hair beauty instrument according to claim 1; Takehana further discloses the hair beauty instrument (modified 1) further comprising a support unit (2) configured to support the heating unit (modified 15b+temperature heater) and the vibration unit (9+3+25+10) (refer to Paragraphs [0138], [0165], [0175], Figs. 1B, 8B; the vibrator (9) and fixing member (15b) are disposed in the lower arm (2b); the lower arm (2b) also houses the a vibration means (3), transmitter (25), cam mechanism (10) and temperature heater).
Regarding claim 3, Takehana and Yamamoto disclose the hair beauty instrument according to claim 2 ; Takehana further discloses wherein
the vibration unit (9+3+25+10) includesa vibration mechanism (3+25+10) , and the vibration mechanism (3+25+10) is configured to apply the vibrations to the hair (99) via the vibration plate (9) (refer to Paragraph [0165]),
the heating unit (modified 15b+temperature heater) includes, and the heating mechanism (temperature heater) is configured to apply the heat to the hair (99) via the heating plate (modified 15b) (refer to Paragraphs [0138], [0175], modification of claim 1), and
the support unit (2) includes a first housing (2a) and a second housing (2b) (refer to Paragraph [0090]; the arms (2a, 2b) are rotatably connected to each other to be able to hold and release the hair, thereby moving closer and farther from each other), , the first (2a) and second (2b) housings are configured to move toward each other and away from each other, and the support unit (2) is configured to clamp the hair (99) between the first housing (2a) and the second housing (2b) (refer to Paragraph [0090]).
Regarding claim 4, Takehana and Yamamoto disclose the hair beauty instrument according to claim 3; Takehana further discloses wherein the vibration plate (9) and the heating plate (modified 15b) are provided together in one housing (2b) among the first housing (2a) and the second housing (2b) (refer to annotated Fig. 8B below).
Regarding claim 5, Takehana and Yamamoto disclose the hair beauty instrument according to claim 4; wherein the one housing (2b) has an elongated shape, in a plan view, a first length of the one housing extends along a first longitudinal direction, a first width of the one housing extends along a first short direction, and the first length is larger than the first width (refer to annotated Fig. 8B below), and
the vibration plate (modified 15b) and the heating plate (15b) are arranged side by side along the first short direction of the one housing in the plan view (refer to Paragraph [0138], annotated Fig. 8B below; the vibrator (9) and fixing member (15b) are disposed in parallel in a width direction of the arm body).
Regarding claim 7, Takehana and Yamamoto disclose the hair beauty instrument according to claim 4; Takehana further discloses wherein another housing (2a) among the first housing (2a) and the second housing (2b) is positioned facing to the vibration plate (9) when the first housing (2a) and the second housing (2b) are brought close to each other (refer to annotated Fig. 8B below), and
the another housing (2a) includes a functional unit (15a) having a function different from a vibration function of the vibration plate (9) (refer to Paragraph [0157], annotated Fig. 8B below; the fixing member (15b) is used for holding hair together with the vibrator (9)).
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Regarding claim 8, Takehana and Yamamoto disclose the hair beauty instrument according to claim 7; Takehana further discloses wherein an entire planar shape of the vibration plate (9) and the heating plate (modified 15b) is (15a) (refer to annotated Fig. 9A below; Examiner understands “equal planar shapes” as both planar shapes being the same shape; both of the planar shapes shown are rectangles).
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Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takehana (US 20110079238 A1) in view of Yamamoto et al. (US 20060272665 A1), herein Yamamoto, as applied to claim 7 above, and further in view of Nuzzo et al. (US 20150289620 A1), herein referred to as Nuzzo.
Regarding claim 9, Takehana and Yamamoto disclose the hair beauty instrument according to claim 7; Takehana and Yamamoto do not explicitly teach an entire plane area of the vibration plate (9) and the heating plate (15b) as a plane area of the functional unit (15a).
Nuzzo discloses a similar hair styling appliance (1) in the same field of endeavor (refer to Paragraph [0038]). The hair styling appliance (1) has two treatment surfaces (4, 5) located on opposing sides of the hair styling jaws (1,2) that are symmetric with respect to the straightening plane (refer to Paragraph [0038), equivalent to being equal on a plane area. This configuration of plates allows the opposing plates to pinch and straighten the hair with straight translational movement (refer to Paragraph [0038]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the plane area of the vibration plate (9) and heating plate (modified 15b), and the plane area of the functional unit (15a) of Takehana and Yamamoto to be equal as taught by Nuzzo to easily pinch and straighten the hair with straight translational movement (refer to Paragraph [0038]).
Claim(s) 10, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takehana (US 20110079238 A1) in view of Yamamoto et al. (US 20060272665 A1), herein Yamamoto, as applied to claim 7 above, and further in view of in view of Woodland et al. (US 20190289980 A1), herein referred to as Woodland.
Regarding claim 10, Takehana discloses the hair beauty instrument according to claim 7; Takehana and Yamamoto are silent to wherein another housing (2a) further includes a second heating plate, the second heating plate is provided together with the functional unit (15a), and the second heating plate is configured to be in contact with the hair (99) and apply the heat from the heating mechanism (temperature heater) to the hair (99).
Woodland discloses a similar hair treatment device (1) in the same field of endeavor (refer to Paragraph [0036], Fig.1). The hair treatment device (1) comprises a first heating plate (16), a functional unit (26) (refer to Paragraph [0056]; an applicator member (26) contacts the hair in the same fashion as the functional unit (15a) of Takehana) and a second heating plate (15), the second heating plate (15) being provided together with the functional unit (26), being in contact with the hair and applying the heat from the heating mechanism to the hair (refer to Paragraph [0050]; the two hot surfaces of the heating elements (15, 16) contact and treat the hair). This configuration allows for simultaneous treatment by the functional unit (26) and the second heating plate (15) (refer to Paragraph [0050]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the another housing (2a) of Takehana and Yamamoto with a second heating plate (15) to contact and apply heat to the hair as taught by Woodland in order to allow for simultaneous treatment by the functional unit (26) and the second heating plate (15) (refer to Paragraph [0050]).
Regarding claim 13, Takehana, Yamamoto and Woodland disclose the hair beauty instrument according to claim 10; Takehana and Yamamoto are silent to wherein the functional unit (15a) is a light emitting unit or a chemical agent support unit, the light emitting unit is configured to emit light the chemical agent support unit is configured to support a chemical agent.
Woodland further discloses wherein the functional unit (26) is a chemical agent support unit configured to support a chemical agent (refer to Paragraph [0069]; the applicator member (26) is saturated with a liquid cosmetic product, thus supporting a cosmetic product/agent). This allows for delivering a product, while simultaneously heat treating the hair (refer to Paragraphs [0010], [0050]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the functional unit (15a) of Takehana and Yamamoto with the functional unit (26) as taught by Woodland in order to deliver a product, while simultaneously heat treating the hair (refer to Paragraphs [0010], [0050]).
Regarding claim 14, Takehana, Yamamoto and Woodland disclose the hair beauty instrument according to claim 10; Takehana discloses wherein an entire planar shape of the vibration plate (9) and the heating plate (modified 15b) is equal to a planar shape of the functional unit (15a) (refer to annotated Fig. 9A above; Examiner understands “equal planar shapes” as both planar shapes being the same shape; both of the planar shapes shown are rectangles).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takehana (US 20110079238 A1) in view of Yamamoto et al. (US 20060272665 A1), herein Yamamoto, and Woodland et al. (US 20190289980 A1), herein referred to as Woodland, as applied to claim 10 above, and further in view of Nuzzo et al. (US 20150289620 A1), herein referred to as Nuzzo.
Regarding claim 15, Takehana and Woodland disclose the hair beauty instrument according to claim 10; Takehana, Yamamoto and Woodland do not explicitly disclose wherein an entire plane area of the vibration plate and the heating plate is an entire plane area of the functional unit and the second heating plate.
Nuzzo discloses a similar hair styling appliance (1) in the same field of endeavor (refer to Paragraph [0038]). The hair styling appliance (1) has two treatment surfaces (4, 5) located on opposing sides of the hair styling jaws (1,2) that are symmetric with respect to the straightening plane (refer to Paragraph [0038), equivalent to being equal on a plane area. This configuration of plates allows the opposing plates to pinch and straighten the hair with straight translational movement (refer to Paragraph [0038]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the plane area of the vibration plate (9) and heating plate (modified 15b), and the plane area of the functional unit (15a) of Takehana, Yamamoto and Woodland to be equal as taught by Nuzzo to easily pinch and straighten the hair with straight translational movement (refer to Paragraph [0038]).
Response to Arguments
The outstanding objections of claims 3, 5-7, 10-11, and 16-19 are withdrawn in view of the newly submitted claim amendment.
The outstanding 35 U.S.C. 112(b) rejections of claims 8-9 and 14-15 are withdrawn in view of the newly submitted claim amendment.
Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive.
In response to the argument that the heating plate of Boateng is not parallel to the vibration plate, Examiner points to Fig. 7A, where the vibration plate (20a) is clearly shown as parallel to the heating plate (24b).
Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, in response to the arguments drawn to Boateng and Takehana failing to disclose the amended claim language of the vibration frequency range, Yamamoto is now relied upon for teaching this limitation.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 10:00-7:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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