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 .
Drawings
The drawings are objected to because in Figure 1, reference character 3 pointing to the curling tube should be changed to reference character 4.
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 Objections
The claims are objected to for being misnumbered. The second claim is also numbered as “1” but is dependent on claim 1. Subsequent claims are misnumbered as well due to this duplication of claim 1. For the sake of examination, the first claim will be considered claim 1 and the second claim, numbered as 1 also, will be considered claim 2.
The second claim, incorrectly numbered as another claim 1, is objected to because of the following informalities: “the outer circumferential surface of the outer bearing (201) is in contact with the inner circumferential surface of the outer shell (1), and the inner circumferential surface of the inner bearing (202) is in contact with the outer circumferential surface of the inner shell (2)” should be changed to “an outer circumferential surface of the outer bearing (201) is in contact with an inner circumferential surface of the outer shell (1), and an inner circumferential surface of the inner bearing (202) is in contact with an outer circumferential surface of the inner shell (2)”.
The third claim, incorrectly numbered as claim 2, is objected to because of the following informality: “the outer bearing and inner bearing” should be “the outer bearing and the inner bearing”.
The fifth claim, incorrectly numbered as claim 4, is objected to because of the following informalities: “the outer circumferential surface of the curling tube” should be “an outer circumferential surface of the curling tube”.
The seventh claim, incorrectly numbered as claim 6, is objected to because of the following informalities: “the outer circumferential surface of the curling tube” should be “an outer circumferential surface of the curling tube” and “the outer circumferential surface of the heating tube” should be “an outer circumferential surface of the heating tube”
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 1 and the fifth to eight claims (labeled Claims 4-7) are rejected under 35 U.S.C. 103 as being unpatentable over Isshiki (US 4,469,934) in view of Andis (US 4,695,704).
Regarding Claim 1, Isshiki teaches a hair curler (Figure 1; col 1 lines 29-3), comprising:
a handle part (portion on right side in Figure 1; outer shell is handle 23 and inner shell is support 6) and a curling part (portion on left side in Figure 1; brush cylinder 16) rotatably connected to one end of the handle part (Figure 1 shows brush cylinder 16 is located at one end of handle 23, opposite where power supply cord 24 attaches to the handle), characterized in that the curling part includes a heating tube (metal pipe 5, containing heater 1) rotatably connected to one end of the handle part (Figure 1) and a curling tube (bristle cylinder 15) connected to the heating tube (metal pipe 5 containing heater 1);
the handle part comprises an outer shell (handle 23 comprised of half cylinders 22a and 22b) and an inner shell (support 6) rotatably connected within the outer shell (col 2 lines 44-47), the heating tube rotates synchronously with the inner shell (col 2 line 54 to col 3 line 4),
wherein a conductive bearing (connection block 9 on support 6 and rotary connector 25 on handle 23; col 2 lines 47-54 and col 3 lines 8-14) is arranged between the outer shell and the inner shell (Figure 1).
Isshiki does not explicitly teach that the curling tube is detachably connected to the heating tube.
However, Andis, in the same field of endeavor of curling irons (abstract), teaches a hair curler (Figures 1, 2, and 8 showing curling iron 12 with hair grooming attachments 10 or sleeve 90) comprising a handle part (handle 14) and a curling part (top portion of Figures 1, 2, and 8 extending from handle 12, including hair grooming attachments 10 or sleeve 90 on heating element 16), characterized in that the curling part include a curling tube (hair grooming attachments 10, which may be a brush as shown in Figure 1 or a smooth surface with clamp as shown in Figure 2, or sleeve 90 shown as a larger diameter brush in Figure 8) detachably connected (col 2 lines 34-45; claim 1) to the heating tube (heating element 16). Andis teaches the curling part being detachably connected to the heating tube so that the same handle and heating tube can be used with different curling parts to impart different types of curls (col 2 lines 29-33).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair curler as taught by Isshiki to make the curling part detachable from the heating tube as taught by Andis so that the curling part can be changed to impart different types of curls.
Regarding the sixth claim (labeled claim 5), Isshiki and Andis teach the hair curler according to claim 1, as presented above. Isshiki further teaches the inner shell (support 6) extends to one end of the outer shell (Figure 1). Isshiki teaches the end of the inner shell is secured within the heating tube (col 2 lines 5-12). However, it has been held that a reversal of part is obvious, see In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955), MPEP 2144.04(VI)(A). Therefore it would be obvious to one of ordinary skill in the art to switch the inner shell of the handle to on the outside and the heating tube secured within the inner shell, as such a modification would be a mere reversal of which component is on the outside and which is on the inside. This would result in the end of the inner shell at the end of the outer shell near the heating tube having a part into which the heating tube connects. This part of the inner tube is the mounting seat and the corresponding part of the heating tube that is within the inner tube is the connecting seat.
Regarding the seventh claim (labeled claim 6), Isshiki and Andis teach the hair curler according to claim 1, as presented above. Andis further teaches the hair curler is characterized in that an installation hole (inner surface 92 ) is provided within the curling tube (sleeve 90), a heat-conducting chamber (space between inner surface 92 and outer surface 94 of sleeve 90 which is described as conducting heat and being filled with a heat transmissible material such as aluminum; col 7 lines 34-50) is arranged between the installation hole (inner surface 92) and the outer circumferential surface of the curling tube (outer surface 94), and a clamping strip (tabs 96) is arranged within the installation hole (Figures 8 and 11 shows tabs 96 extending into the inner hole from inner surface 92), a clamping groove (grooves 28) is provided on the outer circumferential surface of the heating tube (heating element 16) to match the clamping strip (Figures 8 and 11; col 7 lines 51-55).
Regarding the eighth claim (labeled claim 7), Isshiki and Andis teach the hair curler according to claim 1, as presented above. Andis teaches the hair curler is characterized by further comprising a pressing piece (plug member 52) sleeved on the end of the curling tube (Figures 1-3 and 5), a screw rod (externally threaded pin 56) is fixedly connected to the pressing piece (Figure 5; col 5 lines 53-56), and the threaded end of the screw rod (externally threaded pin 56) matched the heating tube (heating element 16 has internally threaded hole 50; Figure 5; col 5 lines 46-60).
The fifth claim (labeled Claim 4) is rejected under 35 U.S.C. 103 as being unpatentable over Isshiki (US 4,469,934) and Adonis (US 4,695,704) as applied to claim 1 above, and in further view of Hein (US 2015/0250279).
Regarding the fifth claim (labeled claim 4), Isshiki and Andis teach the hair curler according to claim 1, as presented above. Andis further teaches the hair curler (Figure 2) comprising (described in col 6 lines 14-48 and shown in Figure 2):
an installation ring (first annular ring 42) nested on the curling tube (Figure 2), and
a pressing plate (outwardly projecting arm 60) rotatably connected (Figure 2 shows outwardly projecting arm 60 connected via outwardly projecting shoulders 68 to annular ring 42 such that the projecting arm 60 rotates between an open and closed position, shown in dotted lines; this movement matches the rotational connection of the pressing arm to the installation ring of the instant application as described in ¶ 40) to the installation ring (via outwardly projecting shoulders 68 on annular ring 42), a clamping plate (hair clamping member 58) is fixedly connected to the pressing plate (Figure 2), and the clamping plate is in contact with the outer circumferential surface of the curling tube (when in the closed position as shown by the dotted lines in Figure 2).
Andis does not explicitly teach a torsion spring as part of the clamping configuration.
However, Hein, in the same field of endeavor of curling irons (abstract, Figure 1), teaches a hair curler (curling iron apparatus 10) comprising a handle part (handle 102) and a curling part (barrel 104) with a pressing plate (manual segment 206 of releasable clamp 200) fixedly connected (Figure 2) to a clamping plate (hair segment 208 of releasable clamp 200), the clamping plate in contact with the outer circumferential surface of the curling part (Figure 1); and
a torsion spring (torsion spring 212), one end of the torsion spring is detachably connected to the outer circumferential surface of the installation ring (torsion spring 212 ends 212a mount between spring mount 224 and spoon mount 204 and is just help between so it can be detached; ¶ 0025), and a roller (see annotated Figure 4 below; roller there matches roller 304 in instant application) is arranged at the other end of the torsion spring (Figure 4), the roller is in contact with the pressing plate (once assembled the torsion spring is between spoon mount 204 and spoon 202 and the roller acts along manual segment 206 to keep it biased up so hair segment 208 is biased closed). Hein teaches the torsion spring and roller in order to bias the clamping plate towards the closed position (¶ 0010, 0024, 0030).
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Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair curler as taught by Isshiki and Andis to further include the torsion spring and roller biasing the clamping plate towards the closed position as taught by Hein. This modification would bias the clamp towards the closed position where it would hold the hair and require pressure on the pressing plate to release the hair when desired, making the hair curler easier to use.
Claim 1, the second claim (labeled as claim 1 also), and the ninth claim (labeled as claim 8) are rejected under 35 U.S.C. 103 as being unpatentable over Isshiki (US 4,469,934) in view of Andis (US 4,695,704) and Thompson (WO 88/08240).
Regarding Claim 1, Isshiki teaches a hair curler (Figure 1; col 1 lines 29-3), comprising:
a handle part (portion on right side in Figure 1; outer shell is handle 23 and inner shell is support 6) and a curling part (portion on left side in Figure 1; brush cylinder 16) rotatably connected to one end of the handle part (Figure 1 shows brush cylinder 16 is located at one end of handle 23, opposite where power supply cord 24 attaches to the handle), characterized in that the curling part includes a heating tube (metal pipe 5, containing heater 1) rotatably connected to one end of the handle part (Figure 1) and a curling tube (bristle cylinder 15) connected to the heating tube (metal pipe 5 containing heater 1);
the handle part comprises an outer shell (handle 23 comprised of half cylinders 22a and 22b) and an inner shell (support 6) rotatably connected within the outer shell (col 2 lines 44-47), the heating tube rotates synchronously with the inner shell (col 2 line 54 to col 3 line 4),
wherein a conductive bearing (connection block 9 on support 6 and rotary connector 25 on handle 23; col 2 lines 47-54 and col 3 lines 8-14) is arranged between the outer shell and the inner shell (Figure 1).
Isshiki does not explicitly teach that the curling tube is detachably connected to the heating tube.
However, Andis, in the same field of endeavor of curling irons (abstract), teaches a hair curler (Figures 1, 2, and 8 showing curling iron 12 with hair grooming attachments 10 or sleeve 90) comprising a handle part (handle 14) and a curling part (top portion of Figures 1, 2, and 8 extending from handle 12, including hair grooming attachments 10 or sleeve 90 on heating element 16), characterized in that the curling part include a curling tube (hair grooming attachments 10, which may be a brush as shown in Figure 1 or a smooth surface with clamp as shown in Figure 2, or sleeve 90 shown as a larger diameter brush in Figure 8) detachably connected (col 2 lines 34-45; claim 1) to the heating tube (heating element 16). Andis teaches the curling part being detachably connected to the heating tube so that the same handle and heating tube can be used with different curling parts to impart different types of curls (col 2 lines 29-33).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair curler as taught by Isshiki to make the curling part detachable from the heating tube as taught by Andis so that the curling part can be changed to impart different types of curls.
While Isshiki does teach a conductive bearing between the inner and outer shells of the handle at the end of the handle opposite the curling part and connected to the power supply cord (24), this arrangement only provides power to the inner shell and curling part, rather than a connection between buttons on the outer shell and the heating tube to exchange information, since the curling iron taught by Isshiki does not have any such controls. However such controls are common on curling irons and thus it would be obvious to include an additional conductive bearing for such a connection.
Thompson, in the same field of endeavor of curling irons (abstract), teaches a hair curler (curl iron 10) comprising a handle part (handle 14) and a curling part (curling mandrel 12) rotatably connected (page 9 lines 10-14) to one end of the handle part (Figure 1) with a conductive bearing (slip ring assembly 48) arranged between an outer shell of the handle (see Figure 2 where an outer shell with button on it surrounds the handle 14) and an inner rotating component (mandrel 12 extends into slip ring assembly 48 as shown in Figure 2). Thompson teaches the conductive bearing in the form of a slip ring assembly around the internal rotating component in addition to a conductive and rotary connection to the power supply (page 14 line 6 to page 15 line 7). Thompson has both conductive connections to supply power to the device and to enable controlling of the heating element of the device via buttons on the handle (page 14 line 6 to page 15 line 7).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention of a hair curler taught by Isshiki with the detachable curling part taught by Andis to also include the conductive bearing as taught by Thompson to provide communication between buttons on the handle and the heating tube. Such conductive bearings would replace the additional bearings taught in Isshiki (bearing rings 19 and bearing surfaces 26).
Regarding the second claim, labeled also as claim 1, Isshiki, Andis, and Thompson teach the hair curler according to claim 1, as presented above.
Thompson further teaches wherein the device is characterized in that the conductive bearing (slip ring assembly 48) includes an outer bearing (rings 50). The replacement of the additional nonconductive bearing in Isshiki (bearing 19) with the conductive ones taught by Thompson would result in and outer bearing (such as ring 50 of Thompson) around an inner bearing (the metal or conductive part mounted on support 6 of Isshiki), the outer circumferential surface of the outer bearing is in contact with the inner circumferential surface of the outer shell (the outer surface of the outer bearing would be in contact with the inner surface of the outer shell in order to support the bearing), and the inner circumferential surface of the inner bearing is in contact with the outer circumferential surface of the inner shell (this would also be necessary to support the bearing, see Figure 6 of Isshiki).
Regarding the ninth claim, labeled as claim 8, Isshiki, Andis, and Thompson teach the hair curler according to claim 1, as presented above. Isshiki further teaches the device is characterized in that a wiring base (connecting block 9) is provided at the end of the inner shell away from the heating tube (see Figure 4; col 2 lines 12-16), and the wiring base is rotatably fitted with an external connecting wire (col 2 lines 48-54). With the addition of the conductive bearing taught by Thompson, the device includes both the conductive bearing such as taught by Thompson and the rotatably connection to the external wire (taught by both Thompson and Isshiki).
Allowable Subject Matter
The third claim, labeled as claim 2, and the fourth claim, labeled as claim 3, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The third claim, labeled as claim 2, recites an electric controller electrically connected to the inner bearing and arranged within the inner shell and a control circuit board electrically connected to the outer bearing and arranged on the outer shell. While transferring electrical power and signals between the inner and outer shells via the inner and outer bearings is obvious in view of Isshiki and Thompson, as presented above, it is not taught or suggested that a control circuit board and an electric controller would be located in different parts of the handle, such that they would rotate relative to one another. For example, Hu (US 2024/0306783) teaches electrical components including a heater and temperature sensor in the rotating curling part of the curling iron, but rather than having a controller for those components in the rotating part of the curling iron, these components are each individually electrically coupled back to the control circuit board, which is in the non-rotating component of the device.
The fourth claim, labeled as claim 3, recites a motor fixedly connected within the inner shell that cooperates through a gear with an internal ring gear fixedly connected withing the outer shell of the handle. Arrangements of a motor with an output connected to a gear that meshes with an internal ring gear connected to another part of the curling iron wherein the axis of the gear does not coincide with the axis of the internal ring gear are known, such as in Zeng et al. (CN 220587695; Figures 4 and 6) and Hu (US 2024/0306783; Figures 4 and 4). However, the internal ring gear of the arrangements taught by Zeng and Hu are fixedly connected to the rotating curling part of the hair curler rather than in part of the handle. Thus rotation of the output of the motor causes the curling part of the hair curler to rotate. While the motor is fixedly connected within the handle, it is not fixedly connected within an inner shell of the handle that is rotatably connected to an outer shell of the handle. Prior art does not teach or suggest a reason to fixedly connect a motor within the inner shell of the handle such that the inner shell and the fixedly connect motor rotate with respect to the outer shell of the handle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/JENNIFER P CONNELL/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772