Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1-6 are objected to because of the following informalities: In line 2 of claim 3, “the” should not be capitalized. In line 2 of claim 6, “wherein” should not be capitalized. Claims 1, 2, 5 and 6, recite “at least one first elastic member”, “at least auxiliary plug-in block”, “at least one connection slot”, “at least two conductive pillars” and “at least two chutes”; however, later in the same claim or in another dependent claim these structures are not properly referred to as “the at least one” or “at least two” structure. 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.
Claim 5 is 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “chute” in claim 5 is believed to be used by the claim to mean an annulus or annular structure, while the accepted meaning is “a sloping channel or slide for conveying things to a lower level”. The term is indefinite because the specification does not clearly redefine the term. It is suggested Applicant use a term that conventionally applies to the structure of elements 515, rather than describe them as chutes or provide a special definition for the term chute, without incorporating new matter.
Claim 5 recites the limitation "the first conductive strips" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is noted claim 1 recites “a first conductive strip” (singular), while claim 5 recites “the first conductive strips” (plural).
Claim 5 recites “through first elastic member” where it is unclear if this first elastic member is the same or different from the “at least one first elastic member” recited in claim 1.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy et al. (US 20240049854) and Abura et al. (US 4641010).
Regarding claim 1, Kennedy et al. discloses a hair curler that is easy to disassemble and assemble with stable conductivity, which comprises a hair curling unit (40) and a holding control unit (10), wherein the hair curling unit is used for pinching and heating hair to curl and shape the hair, the holding control unit is used for controlling the hair curling unit to generate heat and rotate (Refer to Abstract), which is characterized in: a locking connection unit, which comprises a locking plate (31) and a second elastic member (35) connected to the locking plate; wherein one end of the holding control unit is equipped with a main conductive unit (Refer to Figure 11 and Figure 5), which is used to cooperate with the locking connection unit to drive the curling unit to rotate; wherein the main conductive unit comprises a fixed conductive component (141,12) fixed in the holding control unit and a rotary conductive component (20 or 20,61,611,612) rotationally connected to one end of the fixed conductive component, wherein one end of the fixed conductive component is connected to a first conductive strip (left or central 13 of Figure 11 and/or plates extending from respective one of 13) through at least one first elastic member (142), wherein the first elastic member is used to elastically push the first conductive strip to electrically conduct with the rotary conductive component, wherein the locking plate is pushed and fastened to one end of the rotary conductive component through a second elastic member (Refer to Figures 1-12). However, the locking connection unit is not provided at one end of the curling unit. Although Kennedy et al. provide the locking connection on the distal end of the holding control unit, one of ordinary skill in the art appreciates this locking connection could be provided as an extension on the proximal end of the curling unit instead as it is well-known and conventional in the art, as demonstrated by Abura et al. (Refer to Figures 1-1-26, where release button 36 and cooperating elements of the locking unit are provided on portion 13 of the curling unit) and would simply involve switching the location of the two cooperating coupling means. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the locking unit of Kennedy et al. to be located at one end of the curling unit, since it has been held that rearranging parts of an invention involves only routine skill in the art and Abura et al. demonstrate it is well-known and conventional to place locking units at the end of curling units for attachment to handle portions.
Regarding claim 2, the combination of Kennedy et al. and Abura et al. disclose the hair curler of claim 1, Kennedy further disclose wherein the locking connection unit also comprises a connection base (426,423,424,421,portion from which 51 project, Refer to Figure 9) and at least two conductive pillars (51) penetrating through the bottom surface of the connection base, wherein each conductive pillar is used for electrically conducting between the hair curling unit and the rotary conductive component; at least one auxiliary plug-in block (42) is provided on the outer side of the bottom surface of the connection base, which is used to limit the mutual rotation between the locking connection unit and the rotary conductive component, wherein the locking plate is connected to the inside of the connection base through a connection block (425), wherein one end of the locking plate extends towards the wall of the connection base to form an unlocking end (311 or 312), which is equipped with an unlocking key (32).
Regarding claim 3, the combination of Kennedy et al. and Abura et al. disclose the hair curler of claim 1, Kennedy et al. further disclose the auxiliary plug-in block (42) and the connection base (421,423,424,426, portion from which 51 project) are integrally formed (Refer to paragraph 0053 which states the side of 42 away from the heating rod 41 forms the inserting portion 421, meaning they are integral, where 421 is part of the connection base).
Regarding claim 4, the combination of Kennedy et al. and Abura et al. disclose the hair curler of claim 1, Kennedy et al. disclose the surface of the connection base of the locking connection unit extends outwards to form a hinge part (hinge part is provided on surface of 42, Refer to Figures 1 and 8), a clamping piece (82) is hinged on the hinge part. Kennedy is silent regarding a spring being arranged between the clamping piece and the connection base, and the spring is used for enabling the clamping piece to be in a clamping state in a normal state; however, this is a conventional arrangement in the art which permits the clamping piece to be biased closed. It would have been obvious
Regarding claim 5, Kennedy et al. and Abura et al. disclose the hair curler of claim 1 above, Kennedy et al. further disclose the fixed conductive component also comprises a fixed base (12), wherein one end of the fixed base is provided with at least two chutes (cute formed from two consecutive pairs of 142 along the longitudinal direction), at least one connection slot (slot formed between right and left 142 of the same pair of 142) is respectively arranged in the two chutes, wherein the first conductive strips (left and central 13 of Figure 11) are respectively arranged in the corresponding connection slots through first elastic member (142), and one end (end of 13 exposed beyond 143, best shown in Figure 10) of each first conductive strip (13) penetrates through the connection slot and extends outwards to form a first conductive end (Refer to Figures 10 and 11).
Regarding claim 6, Kennedy et al. discloses the rotary conductive component (20,61,612,611) comprises a mounting base (61, 612,611), a first rotary conductive ring (13 between 611 and 61, Refer to Figure 11), a second rotary conductive ring (13 at end of 61, Refer to Figure 11) concentrically set on the outer surface of the bottom of the mounting base, and a conductive circuit board (12, second wiring assemblies and 15) fixed inside the mounting base through a mounting cover (15 and a portion of the second wiring assembly which connects to 15 is mounted inside the mounting base), wherein the first rotary conductive ring and the second rotary conductive ring are respectively electrically connected to the conductive circuit board, wherein the conductive circuit board is provided with at least two conductive components (15 or plates, Refer to paragraph 0073), each of which is used to electrically conduct with the corresponding conductive pillars (51) of the locking connection unit, wherein each of the first conductive strips (plates extending from 13) is slidely and electrically connected to the first rotary conductive ring and the second rotary conductive ring through the elastic pushing of the first elastic member (elastic members provide the electrical connection).
Suggested Amendment
It is suggested Applicant amend claim 1 to include the subject matter of claim 6 and intervening claim 2 and describe the shape of the first conductive strips and arrangement/relationship with connection slots and the elastic members as shown in Figure 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799