DETAILED ACTION
Drawings
The replacement drawings were received on 1/17/25. These drawings are accepted and overcome the previous objection(s); however, the amendment(s) to the claims create new issues, as outlined below.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the connecting base extends parallel to the surface of the board” of claims 29 and 30 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 29-30 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 29-30: these new claims require “the connecting base extends parallel to the surface of the fixing board”; however, there is no written description or illustration support for this limitation. A “fixing board” is not illustrated or described nor its orientation with respect to any of the other structure, so now attempting to require the connecting base extend parallel to the surface of the fixing board is new matter. While applicant argues there is “clear support for this” in the figures, the office respectfully disagrees because “parallel” by definition means never intersecting and the bases are joined to the board, so they are not parallel because they intersect (see Fig 11). This new matter rejection is maintained.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-9, 11, 13, and 29 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1: recites “the board” in line 4 without antecedent basis, making the metes and bounds of the claim unclear. Clarification or correction is requested.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 11, 13-14, 16-18, 20-26, 29-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeng (CN 108851455).
Claims 1 and 11: Zeng discloses a rotating curling iron (see Fig 1) comprising: a handle (1) having a housing and a driving motor (2) [0013] provided in the housing; an electric control device including a circuit board and a plurality of conductive sheets (16) fixed to the board board via a fixing structure in the form of a screw through the screw hole in a connecting base (17) [0037 & 0042]. The conductive sheets are illustrated with screw holes in their base for attachment to the circuit board, this attachment is not explicitly illustrated, but is implicitly illustrated in the exploded view of Figure 2. In order for the device to operate as described, these connecting bases must be attached to the circuit board that is illustrated in the exploded view otherwise the sheets would not conduct electricity to the heater as described [0037 & 0042]. The plurality of conductive sheets are electrically connected to the circuit board that controls the device [0010] and the driving motor [0013 & 0004 & 0040]; a connecting seat (14; see Fig 2) rotatable relative to the housing about a rotating axis and connected to the driving motor [0038], wherein a plurality of conductive rings (15) are sleeved on the connecting seat (see Fig 4) with the plurality of conductive rings distributed at intervals in an extending direction of the rotation axis of the connecting seat and wherein this rotation axis is the central longitudinal axis of the device (see Figs 1-4). Each of the conductive sheets abuts against the outer peripheral surface of one of the conductive rings [0039-0040] and the connecting seat has a connecting shaft extending toward the driving motor (see Fig 4) and an insulating mounting structure is sleeved outside the connecting shaft (see annotations), the insulating mounting structure is connected with the output shaft of the driving motor (2) through the transmission (4) [0004 & 0038-0039], and wherein a plurality of mounting ring grooves are provided on the peripheral side of the insulating mounting structure and the plurality of mounting ring grooves are distributed in the axial direction of the connecting shaft at intervals (see annotations), and each of the conductive rings is correspondingly mounted in one of the mounting ring grooves [0038-0040], and wherein each of the conductive sheets of the plurality comprises a connecting base (17) extending “along a surface of the fixing board” since the bases extend along the longitudinal axis and are attached to some surface of the fixing circuit board to function as described and a connecting base (see annotations) disposed between a leftmost and rightmost end of the base (17) and two elastic contact sheets (see annotations) extending outwardly from the leftmost end of the base and the two elastic contact sheets are provided on opposite sides of the connecting base, and the two elastic contact sheets are provided on the opposite sides of the corresponding one of the conductive rings to elastically abut against the outer peripheral surface of the conductive ring [0038-0040]. The base is connected to the surface of the fixing board because the entire thing is attached together. The device includes a rotating curling iron rod (3) comprising a pair of heating rods (23) connected to the connecting seat and wherein a heating assembly (24) in each heating rod is in communication with the plurality of conductive rings [0040] through wiring assemblies because that is how electricity conduction between components works. The plurality of conductive sheets are fixed to the connecting base (17); note the connecting base (17) is illustrated with a screw hole so the sheets are secured to the “fixing board” or circuit board through this hole and screw arrangement as is old and well known in the art and the elastic sheets are described as being conductive and would need to be connected to the circuit board illustrated in Figure 2 in order to function as described [0038-0040].
Claim 2: Zeng discloses the insulating mounting structure (see annotations) having a plurality of mounting rings and each of the mounting rings comprising a first section connected to a second section (see annotations) and the outer diameter of the first section is smaller than the outer diameter of the second section and forming the plurality of mounting ring grooves outside the first sections with the mounting rings extending sequentially in the extending direction of the rotation axis of the connecting seat with the first section of the mounting rings located on both sides of the second section (see annotations). The rings are “separate” because they are distinct from each other and because Merriam-Webster defines “separate” as “to make a distinction between” and the distinction is clearly outlined in the annotations below. Furthermore, applicant’s own “separate” rings are joined together when the device is assembled and once joined they form a singular structure (see applicant’s Figure 11) similar to that illustrated by Zeng; so it is noted that when assembled, applicant’s own rings are not separate.
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Claim 13: the handle housing has an open end (see Fig 2) and the connected seat is housed within and protrudes from the open end (see Figs 1-2).
Claim 14: Zeng discloses a rotating curling iron (see Fig 1) comprising: a handle (1) having a housing and a driving motor (2) [0013] provided in the housing; a connecting base (17) joined to the circuit/fixing board; note the connecting base (17) is illustrated with a screw hole so the sheets are secured to the device with a screw and in order to be conductive as described, these sheets must be attached to the circuit board as implicitly illustrated in Figure 2 in order to function as described [0038-0040]. The circuit board is non-rotatable relative to the housing. The device includes a rotating curling iron rod (3) comprising a pair of heating rods (23) connected to the driving motor through a transmission (4) [0013 & 0004]. The curling iron rod is rotatable relative to the housing [0013] about the longitudinal axis of the device and the curling iron rod includes a plurality of conductive rings (15) spaced apart along the longitudinal axis (see annotations). Each of the electrical connectors comprises a base (17) extending along a surface of the fixing board/circuit board (see annotations). The plurality of electrical connectors (16) include a pair of arms (see annotations) cantilevered outwardly from opposite laterally spaced ends (right and left ends) of the base with the arms abutting and being in electrical contact with opposite sides of one of the conductive rings [0038-0040]. The curling iron rod includes a shaft extending towards and joining the driving motor in the form of the transmission (4) shafts; and an insulating mounting structure (14) disposed on the shaft, a plurality of mounting ring grooves (see annotations) are provided on the peripheral side of the insulating mounting structure and the plurality of mounting ring grooves are spaced apart along the longitudinal axis, and wherein each of the plurality of conductive rings is correspondingly mounted in one of the mounting ring grooves (see annotations).
Claims 16-17: the board is a circuit board (see Fig 2) and note the screw holes on the connecting base (17) as well as the description that the conductors are attached to the electrical components [0038-0040] means they must be electrically connected to the circuit board in order to function as described. These conductors are connected to the circuit board or the device would not operate as described.
Claim 18: the plurality of conductive rings comprises at least three and the plurality of electrical connectors comprises at least three (see Fig 2).
Claim 20: the shaft is connected to the driving motor [0038-0040 & 0004].
Claim 21: the plurality of electrical connectors are disposed in the housing (see Fig 2).
Claim 22: the board is separate from and supported by the housing (see Figs 1-4).
Claim 23: the arms of each of the electrical connectors have end portions spaced apart and defining an opening defined by the arms and these openings are aligned in the same direction (see Fig 2).
Claim 24: each of the arms has a curved portion (see annotations).
Claim 25: each of the conductive rings is the same with a same diameter (see Fig 2).
Claim 26: the electrical contact between the curling iron rod and the handle are made through the outer peripheral surfaces of the conductive rings and the corresponding electrical connectors [0004 & 0038-0040].
Claims 29 and 30: the connecting base extends parallel to a top surface of the fixing board/circuit board because the base and fixing board are joined together in a same plane (see annotations).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeng (CN 108851455) in view of Hu (US 20110059641).
Claims 3-4: Zeng discloses the invention of claim 1 and further discloses the connecting seat having a connecting end that joins to a fixing seat of the heating rod. Zeng discloses the invention essentially as claimed except for the connection being detachable so that a plurality of curling iron rods of different sizes can be selectively mounted to the connecting end.
Hu, however, teaches a curling iron (see Fig 4) comprising a handle (4) detachably connected to a heated curling iron rod (3) so that a plurality of heated curling iron rods of different sizes can be detachably connected to the handle [0003], thereby allowing a user to make curls of different sizes with a single device. The handle comprises a connecting end (see annotations) with an inserting cavity in which a fixing seat is detachably connected in order to allow a user to swap out the heated curling iron rod for different sized heated curling iron rods in order to allow a user to make curls of different sizes with a single device. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the device of Zeng by providing it with a plurality of different sized detachable heated rods with the fixing seat and connecting seat detachable connection as prescribed by Hu in order to allow a user to replace a defective heating rod or achieve curls of different sizes as desired with a single device.
Claim 5: Modified Zeng discloses the invention of claim 3 and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu. Hu further discloses the connecting end being provided with an inserting cavity (see annotations) in which at least one wiring assembly would have to be provided in order to conduct the heat as described and operate as described [0027-0029] and Zeng already teaches the conductive ring arrangement interconnected with wiring assemblies in order to function. Hu also teaches the detachable connection including a snapping assembly (see annotations) including a snapping component (see annotations) and a pressing component (see annotations) with the snapping component movably mounted to the connecting end and a snapping end (see annotations) of the snapping component projects from the inserting cavity and is diametrically located within the inserting cavity (see Fig 2 & annotations). The pressing component abuts against a side of the snapping component away from the inserting cavity (see annotations); and wherein the fixing seat is provided with an inserting portion (see annotations), the clasping portion is provided with a snapping hole (see annotations), and the inserting portion in order to operate as described [0028] must having another wiring assembly electrically connected to a heating assembly and the clasping portion has its interior portion located in the inserting cavity (see Fig 3 & annotations) when inserted into the inserting cavity by the inserting portion and the snapping end of the snapping component is clamped into the snapping hole (see annotations). The wiring assemblies already disclosed by Zeng would have to be connected to operate as described. So since Hu teaches all these limitations and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu, modified Zeng (Zeng in view of Hu), teaches the limitations outlined above.
Claim 6: Modified Zeng discloses the invention of claim 5 and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu. Hu further discloses the detachable connection including two snapping assemblies (see annotations) provided on opposite sides of the connecting end with the curling iron rod carrying the clasping portion (see annotations). So since Hu teaches all these limitations and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu, modified Zeng (Zeng in view of Hu), teaches the limitations outlined above.
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Claim 7: Modified Zeng discloses the invention of claim 5 and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu. Hu further discloses the handle housing being annular (see annotations) and sleeved on the outside of the connecting end with a mounting cavity enclosed between the annular housing and the connecting end with the annular housing including a dowel hole (see annotations) in communication with the mounting cavity, the snapping component being movably mounted in the mounting cavity (see annotations), the pressing component abutting against the side of the snapping component away from the connecting seat and the pressing component is exposed through the dowel hole; the connecting seat is provided with a via hole (see annotations) in communication with the inserting and mounting cavities and the snapping end of the snapping component extends into the inserting cavity through the via hole and the snapping assembly includes an elastic component (10) abutted between the snapping component and a portion of the connecting seat (see annotations). So since Hu teaches all these limitations and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu, modified Zeng (Zeng in view of Hu), teaches the limitations outlined above.
Claim 8: Modified Zeng discloses the invention of claim 7 and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu. Hu further illustrates the snapping components each being cantilevered (see Fig 1), so each of the snapping components has a living hinge meaning it can “rotate” or “pivot” at an end opposite the snapping end and this cantilevered end is mounted in the mounting cavity via a screw (5, Fig 1) with the pressing component located between the “rotating end” and the “snapping end” (see annotations). So since Hu teaches all these limitations and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu, modified Zeng (Zeng in view of Hu), teaches the limitations outlined above.
Claim 9: Modified Zeng discloses the invention of claim 5 and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu. Hu further discloses the pressing component provided with a position-limiting snapping hole (see annotations) and the snapping component comprising a position limiting snapping lug wherein the position limiting snapping lug is clamped into the position limiting snapping hole (see annotations). So since Hu teaches these limitations and the proposed modification is to provide the device of Zeng with the detachable connection taught by Hu, modified Zeng (Zeng in view of Hu), teaches the limitations outlined above. In other words modified Zeng discloses the invention essentially as claimed except for reversing the lug and hole so that the hole is on the snapping component and the lug is on the pressing component. However, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the device of modified Zeng to reverse the lug and hole placement since it has been held by the courts that a mere reversal of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04(VI)(A).
Response to Arguments
Applicant's arguments filed 1/13/26 have been fully considered but they are all drawn to the newly presented claim limitations, which have been addressed above with a modified ground of rejection.
Applicant argues the drawing objection and new matter to the language “parallel” regarding the base and the board/circuit board in claims 29-30. While applicant argues this is “clearly illustrated” the office respectfully disagrees and asserts this language directly conflicts with the originally filed disclosure because the definition of parallel is never intersecting. In the instant case, these bases that are claimed to “extend parallel to the board” are directly attached to the board, so by definition they intersect so they are not parallel. The argument is not persuasive and the objection to the drawings and the new matter rejection about this language are maintained.
Applicant then argues that claims 1 and 14 require the board be non-rotatable; however, this language is not present in claim 1. So that argument is moot for claim 1. Separately, however, Zeng teaches this because Zeng teaches the motor (2) rotating the connector (4) and the motor is connected to a top portion of the circuit board (see Fig 2) so the circuit board does not rotate within the handle. Additionally, the conductive sheets (16) each has a screw hole at its bottom and is connected to the circuit board and these sheets do not rotate, so the circuit board of Zeng does not rotate. This argument is not persuasive.
Applicant argues that claims 2 and 14 require the mounting rings are separate and Zeng fails to disclose this. The office respectfully disagrees. Zeng’s rings are “separate” because they are distinct from each other and because Merriam-Webster defines “separate” as “to make a distinction between” and the distinction is clearly outlined in the annotations below. Furthermore, applicant’s own “separate” rings are joined together when the device is assembled and once joined they form a singular structure (see applicant’s Figure 11) similar to that illustrated by Zeng; so it is noted that when assembled, applicant’s own rings are not separate. So this argument is not persuasive.
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Applicant argues Zeng fails to teach a non-rotating circuit board. There is no evidence provided to support his argument. Zeng illustrates a circuit board joined to a power cord in the exploded view of Figure 2 and the motor is the component that allows for rotation and is mounted at a top end of the circuit board, so the circuit board does not rotate within the handle. No rotatable mechanism for the circuit board is illustrated or described to support this argument by applicant.
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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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Thursday 9:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772