Prosecution Insights
Last updated: October 02, 2026
Application No. 18/856,120

DEVICE FOR TREATING THE HAIR

Non-Final OA §102§103
Filed
Oct 11, 2024
Priority
Apr 21, 2022 — FR FR2203711 +1 more
Examiner
STEITZ, RACHEL RUNNING
Art Unit
3772
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Seb S.A.
OA Round
3 (Non-Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
11m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
667 granted / 1227 resolved
-15.6% vs TC avg
Strong +26% interview lift
Without
With
+26.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
46 currently pending
Career history
1277
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
48.5%
+8.5% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
20.7%
-19.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1227 resolved cases

Office Action

§102 §103
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 . 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) 1-8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US 8,013,274). Regarding claim 1, Suzuki et al. disclose a hair treating device comprising two hair treatment jaws (1, 3) that are movable relative to one another between a spaced-apart configuration for inserting hair to be treated between said jaws (1, 3) and a moved-together configuration for treating the hair, an external hair treatment member having at least one external surface (13) for heating the hair, which extends over one of the two jaws (1, 3) towards the exterior of the two jaws, a thermal protection cover (15) mounted removably by being clip-fastened (clip as defined by Merriam-webster as to hold in a tight grip) on the device so as to at least partially cover the external heating surface (13), the cover (15) having a recess (recess as defined by Merriam-Webster as an indentation; indents between 24) configured to form a preferential deformation zone of the cover (15) when it is fitted on the device (see Figures 1-6). Claim 2, the device has two external treatment members (13) that each extend over one of the jaws (1, 3) and each have at least one external hair heating surface extending over the respective jaw towards the exterior of the device, the device having two thermal protection covers (15) that are mounted removably on the device and are each arranged on one of the two external heating surfaces so as to at least partially cover the external heating surface (Figure 6), each cover having a recess (space between 24) configured to form a referential deformation zone on the cover when it is fitted on the device (see Figure 6). Claim 3, wherein the cover (15) covers the entire corresponding external heating service by having a shape complementary to that of the corresponding external heating surface (see Figure 6). Claim 4, wherein the cover extends along a longitudinal axis, the recess being elongate along a direction forming a nonzero angle with the longitudinal axis of the cover (see Figure 6; col. 6, lines 1-10). Claim 5, wherein the cover (15) has a gripping protrusion (19) extending from the external surface of the cover when it is mounted on the jaw (see Figure 5). Claim 6, wherein the cover (15) and the jaw (1, 3) have complementary reliefs (17, 19) for fastening the cover to the jaw (see Figure 5). Claim 7, wherein the cover is symmetric with respect to a longitudinal median plane (see Figure 6). Claim 8, having on the or each jaw an external hair guiding portion delimited laterally in the proximal or distal part of the jaw by a stop surface (22) (see Figure 3). Claim 10, having at least one internal treatment member (11) having an internal surface for heating the hair to be treated, which extends over one of the two jaws towards the other of the jaws and the move together configuration of the two jaws and is configured to come into contact with the hair extending between the two jaws in the moved together configuration (see Figures 3). 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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 8,013,274). Suzuki et al. disclose the claimed invention except for the cover has a thickness between 0.5 mm and 2 mm. However, one having ordinary skill in the art would find the parameters of the thickness of the cover to be deemed matters of design choice, will within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results. In this instance case, creating a cover that is too thick would create an unwanted bulky surface. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 8,013,274) in view of McKay (US 7,309,182). Suzuki et al. disclose the claimed invention except that the cover is removably mounted by clip fastened instead of snap fit with a through recess. McKay shows that clip fit and snap fit with a through recess (972) is an equivalent structure known in the art. Therefore, because these two attachments were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute clip fit for snap fit with a through recess. Response to Arguments Applicant's arguments filed 4/8/2026 have been fully considered but they are not persuasive. In response to applicant’s argument that Suzuki is not a thermal protection cover since the auxiliary case is designed to modify the curling characteristics of the device and such necessarily conducts heat, is not persuasive. Suzuki discloses the outer surface 13 is made of a heat-resistant resin material (col. 3, lines 45-50) “The curling part 13 is made of a heat-resistant resin material.” (see Figure 3). Therefore, applicant assertion of the cover conducts heat is not persuasive since the outer surface of the hair curler is made from a heat resin material. The having a different auxiliary shape changes the curling characteristics without it conducting heat. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at 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 published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RACHEL R STEITZ/Primary Examiner, Art Unit 3772 5/4/2026
Read full office action

Prosecution Timeline

Show 3 earlier events
Apr 08, 2026
Response Filed
May 07, 2026
Final Rejection mailed — §102, §103
Jul 15, 2026
Interview Requested
Jul 21, 2026
Applicant Interview (Telephonic)
Jul 23, 2026
Examiner Interview Summary
Aug 03, 2026
Request for Continued Examination
Aug 04, 2026
Response after Non-Final Action
Sep 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12745813
HAIR WEFT AND PREPARATION PROCESS THEREOF
1y 3m to grant Granted Sep 29, 2026
Patent 12740629
Hair Fasteners and Methods of Manufacture Thereof
4y 7m to grant Granted Sep 22, 2026
Patent 12727978
EXPANDABLE DENTAL FLOSS HAVING FILAMENTS INFUSED WITH NIGELLA SATIVA AND ANTISEPTIC AND METHOD OF FORMING
1y 10m to grant Granted Sep 08, 2026
Patent 12721424
SPLIT APPLICATOR AND PACKAGING CONTAINER INCLUDING SAME
2y 0m to grant Granted Sep 01, 2026
Patent 12708162
ARTIFICIAL EYELASHES USING LACE MATERIALS
3y 7m to grant Granted Aug 18, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
80%
With Interview (+26.1%)
2y 11m (~11m remaining)
Median Time to Grant
High
PTA Risk
Based on 1227 resolved cases by this examiner. Grant probability derived from career allowance rate.

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