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.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
For examination purposes, the priority date for claims 1-21 is 06/26/2024.
Claim Objections
Claims 3, 5-7, 10-11, 16-19 are objected to because of the following informalities:
Claim 3:
Lines 2-3, “a vibration plate that is in contact with the hair”, should be, “a vibration plate that is configured to be in contact with the hair”.
Lines 5-6, “a heating plate that is in contact with the hair”, should be “a heating plate that is configured to be in contact with the hair”.
These corrections clarify that these limitations are functional and the hair is not being claimed.
Claim 5, line 3, and claim 11, line 4, “a direction of providing the vibration plate and the heating plate together is a short direction of the one housing”, should be “a direction of providing the vibration plate and the heating plate together is in a short direction of the one housing”.
Claim 6, lines 1-2, “comprising a plurality of the heating plates”, should be corrected to, “wherein the heating unit further comprises a plurality of the heating plates”. This correction connects the heating plates back to the heating unit of claim 3.
Claim 7, lines 1-2, “wherein other housing than the one housing among the first housing and the second housing”, should be corrected to, “wherein another housing
Claim 10, lines 3-5, “the second heating plate being provided together with the functional unit, being in contact with the hair and applying the heat from the heating mechanism to the hair”, should be corrected to, “the second heating plate being provided together with the functional unit, configured for being in contact with the hair and applying the heat from the heating mechanism to the hair”. This correction clarifies that this limitation is functional.
Claim 16, line 2-4, “wherein an output value of the vibrations from the vibration mechanism ranges from 0.05 W or more to 0.2 W or less per unit area [cm2] of the vibration plate”, should be corrected to, “wherein the vibration mechanism is configured to a value of the vibrations from the vibration mechanism ranging from 0.05 W or more to 0.2 W or less per unit area [cm2] of the vibration plate.” As this is an apparatus claim, this correction clarifies that this limitation is functional.
Claim 17, lines 3 and 4, “where the hair is clamped”, should be corrected to, “where the hair is configured to be clamped”. These corrections clarify that these limitations are functional and the hair is not being claimed.
Claim 18, line 2, “a leading unit which leads the hair into a space”, should be corrected to, “a leading unit which is configured to lead
Claim 19
Line 3, “a frequency of the vibrations is set at 0.8 MHz or more”, should be corrected to, “a frequency of the vibrations is configured to be set at 0.8 MHz or more”.
Line 5, “a temperature of the heating is set at 55°C or more and 200°C or less”, should be corrected to, “a temperature of the heating is configured to be set at 55°C or more and 200°C or less”.
As a whole, this claim reads as a method claim, although an apparatus is being claimed. These corrections clarify these limitations as being functional or intended use limitations.
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.
Claims 8-9 and 14-15 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substantially equal” in claims 8-9 and 14-15 is a relative term which renders the claim indefinite. The term “substantially equal” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In terms of claims 8 and 14, Examiner understands “substantially equal” as both planar shapes being the same shape, such as both shapes being rectangular or square.
In terms of claims 9 and 15, Examiner understands “substantially equal” as the planar areas being substantially symmetric to each other.
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) 1-7, 10-12, 17-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boateng et al. (US 20180220768 A1), herein referred to as Boateng.
Regarding claim 1, Boateng discloses a hair beauty instrument (10a) comprising:
a vibration unit (20a+34+29) configured to be in contact with the hair (40) and apply vibrations to the hair (40) (refer to Paragraphs [0144], [0146]; the vibrating plate (20a) pushes the hair in an alternating manner; a shaft (34) and electric motor (29) drive the plate (20a)), and
a heating unit (24b+24d+25b+25d) configured to be in contact with the hair (40) and 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)), wherein a temperature of a part (24a-24d) that is in contact with the hair (40) can 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)
Regarding claim 2, Boateng discloses the hair beauty instrument according to claim 1 (10a), further 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 discloses the hair beauty instrument according to claim 2 (10a), wherein
the vibration unit (20a+34+29) includes: a vibration plate (20a) that is in contact with the hair (40) (refer to Paragraph [0146]); and a vibration mechanism (34+29) that applies 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 plate (24b) that is in contact with the hair (40) (refer to Paragraph [0145])); and a heating mechanism (25b) that applies 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) that can move close to and away from each other (refer to Paragraph [0085]; the first (12) and second (14) arms can be brought together or moved apart), and is configured to clamp the hair (40) 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 discloses the hair beauty instrument according to claim 3 (10a), 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 discloses the hair beauty instrument according to claim 4 (10a), wherein the one housing (14) has an elongated shape (refer to Paragraph [0145], Fig. 7a; the first (12) and second arm (14) are symmetrical; the first arm (12) is shown as an elongated shape), and
a direction of providing the vibration plate (20a) and the heating plate (24b) together is a short direction of the one housing (12) (refer to annotated Fig. 7b below).
Regarding claim 6, Boateng discloses the hair beauty instrument according to claim 4 (10a), comprising a plurality of the heating plates (24b, 24d), wherein the vibration plate (20a) is provided between adjacent two of the heating plates (24b, 24d) (refer to annotated Figs. 7a, 7b below).
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Regarding claim 7, Boateng discloses the hair beauty instrument according to claim 4 (10a), wherein other housing (12) than the one housing (14) 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 includes a functional unit (21a+23a) having a function different from the 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 discloses the hair beauty instrument according to claim 7 (10a), wherein the other housing (12) further includes a second heating plate (24a), the second heating plate (24a) being provided together with the functional unit (21a+23a) (refer to annotated Fig. 7b below; Examiner understands “being provided together” as being provided in the same housing consistent with Paragraph [0028] of Applicant’s specification), being in contact with the hair (40) and applying the heat from the heating mechanism 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 discloses the hair beauty instrument according to claim 10 (10a), wherein the other housing (12) has an elongated shape (refer to Fig. 7a; the first arm (12) is shown as an elongated shape), and a direction of providing the second heating plate (24a) and the functional unit (21a+23a) together is a short direction of the other housing (12) (refer to annotated Fig. 7b below).
Regarding claim 12, Boateng discloses the hair beauty instrument according to claim 11 (10a), comprising a plurality of the second heating plates (24a, 24c), wherein the functional unit (21a+23a) is provided between adjacent two of the second heating plates (24a, 24c) (refer to annotated Fig. 7b below).
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Regarding claim 17, Boateng discloses the hair beauty instrument according to claim 3 (10a), wherein an end portion of the first housing (12) on a side opposite to where the hair (40) is clamped and an end portion of the second housing (14) on a side opposite to where the hair (40) is 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 discloses the hair beauty instrument according to claim 3 (10a), further comprising a leading unit (42) which leads 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 discloses the hair beauty instrument according to claim 1, wherein, when applying the vibrations to the hair (99) and heating the hair (99), a frequency of the vibrations is set at 0.8 MHz or more and 1.5 MHz or less (refer to Paragraphs [0136]-[0137]; Examiner understands this limitation as intended use; the styler (10a) is enabled with user controls to adjust the vibration frequency to be at or near its “resonant frequency”, which varies of hair type, length, amount of water and tension; therefore, the styler (10a) is capable of applying vibrations in the claimed range ), and a temperature of the heating is set at 55°C or more and 200°C or less (refer to Paragraph [0123]; Examiner understands this limitation as functional; the heating plates at the inlet are operated in a range of 30°-185°C; thus, the plates are capable of being set at greater than or equal to 55°C and less than 200°C).
Regarding claim 20, Boateng discloses the hair beauty instrument according to claim 1 (10a), which is configured to be operated in modes including:
a permeation mode of applying the vibrations to the hair 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 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 discloses the hair beauty instrument according to claim 20 (10a), which 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).
Regarding claim 1, Takehana discloses a hair beauty instrument (1) comprising:
a vibration unit (9+3+25+10) configured to be in contact with the hair (99) and apply vibrations 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)).
Takehana does not explicitly disclose a heating unit configured to be in contact with the hair and apply heat to the hair, wherein a temperature of a part that is in contact with the hair can 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) (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 that is in contact with the hair (99) can be set at 100°C or more (refer to Paragraph [0176]).
Regarding claim 2, Takehana discloses the hair beauty instrument according to claim 1 (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 discloses the hair beauty instrument according to claim 2 (modified 1), wherein
the vibration unit (9+3+25+10) includes: a vibration plate (9) that is in contact with the hair (99) (refer to Paragraph [0138]); and a vibration mechanism (3+25+10) that applies the vibrations to the hair (99) via the vibration plate (9) (refer to Paragraph [0165]),
the heating unit (modified 15b+temperature heater) includes: a heating plate (modified 15b) that is in contact with the hair (99) (refer to Paragraphs [0138], [0175]; based on the modification of claim 1, the fixing member (15b) configured for holding the hair is heated); and a heating mechanism (temperature heater) that applies 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) that can move close to and away from each other (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), and 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 discloses the hair beauty instrument according to claim 3 (modified 1), 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 discloses the hair beauty instrument according to claim 4 (modified 1), wherein the one housing (2b) has an elongated shape, and a direction of providing the vibration plate (modified 15b) and the heating plate (15b) together is a short direction of the one housing (2b) (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 discloses the hair beauty instrument according to claim 4 (modified 1), wherein other housing (2a) than the one housing (2b) 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 includes a functional unit (15a) having a function different from the 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 discloses the hair beauty instrument according to claim 7 (modified 1), wherein an entire planar shape of the vibration plate (9) and the heating plate (modified 15b) is substantially equal to a planar shape of the functional unit (15a) (refer to annotated Fig. 9A below; Examiner understands “substantially equal” 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 Nuzzo et al. (US 20150289620 A1), herein referred to as Nuzzo.
Regarding claim 9, Takehana discloses the hair beauty instrument according to claim 7 (modified 1); Takehana does not explicitly teach an entire plane area of the vibration plate (9) and the heating plate (15b) as substantially equal to 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 substantially symmetric with respect to the straightening plane (refer to Paragraph [0038), equivalent to being substantially 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 to be substantially 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 Woodland et al. (US 20190289980 A1), herein referred to as Woodland.
Regarding claim 10, Takehana discloses the hair beauty instrument according to claim 7(modified 1); Takehana is silent to wherein the other housing (2a) further includes a second heating plate, the second heating plate being provided together with the functional unit (15a), being in contact with the hair (99) and applying the heat from the heating mechanism 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 (99) 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 other housing (2a) of Takehana 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 and Woodland disclose the hair beauty instrument according to claim 10; Takehana is silent to wherein the functional unit (15a) is a light emitting unit that emits light or a chemical agent support unit that supports a chemical agent.
Woodland further discloses wherein the functional unit (26) is a chemical agent support unit that supports 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 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 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 substantially equal to a planar shape of the functional unit (15a) (refer to annotated Fig. 9A above; Examiner understands “substantially equal” 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 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; neither Takehana and Woodland explicitly disclose wherein an entire plane area of the vibration plate and the heating plate is substantially equal to 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 substantially symmetric with respect to the straightening plane (refer to Paragraph [0038), equivalent to being substantially 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 to be substantially equal as taught by Nuzzo to easily pinch and straighten the hair with straight translational movement (refer to Paragraph [0038]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boateng et al. (US 20180220768 A1), herein referred to as Boateng, in view of Choo (KR 20100024165 A; refer to the provided translation).
Regarding claim 16, Boateng discloses the hair beauty instrument according to claim 3 (10a); Boateng is silent to an output value of the vibrations from the vibration mechanism (34+29) ranging from 0.05 W or more to 0.2 W or less per unit area [cm2] of the vibration plate (9).
Choo discloses an ultrasonic hair dryer in the analogous art of hair dryers (refer to Paragraph 1). A vibration plate (80) applies amplified ultrasonic vibration energy to the hair with an output of 0.1-08 W/cm2 (refer to Paragraph 8). This ultrasonic intensity range reduces hair drying time without damaging the user’s skin/scalp (refer to Paragraph 8), a similar function of Boateng’s device (refer to Paragraph [0079]).
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 0.05 W or more to 0.2 W or less per unit area [cm2] of the vibration plate as taught by Choo, in order to reduce drying time (refer to Paragraph 8).
Conclusion
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.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772
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