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 .
Response to Amendment
• The amendments filed on May 07, 2026, have been entered.
• The previously raised claim objections have been withdrawn in light of the amendment submitted by the Applicant on May 07, 2026.
• The previously raised drawing objections have been withdrawn in light of the amendment submitted by the Applicant on May 07, 2026.
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 1-10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fereyre Regis (WO2019122399A1, hereinafter “Fereyre”) in view of Yao (US 6941955 B2, hereinafter “Yao”).
Claim 1-3. Fereyre discloses a device for treating the hair (Title and Fig 1-12), comprising: two hair treatment jaws (Fig 4A, 4 and 5) that are movable relative to one another between a spaced-apart configuration for inserting hair to be treated between said jaws (Page 5, highlighted section in ¶5) and a moved together configuration for treating the hair (Page 5, highlighted section in ¶5), an internal treatment member (Fig 4A, plates 10 and 11) having an internal surface (Fig 4A, internal surfaces 12 or 13) for heating the hair to be treated (Page 5, highlighted section in ¶9), which extends over one of the two jaws towards the other of the Jaws in the moved-together configuration of the two jaws (Fig 7) and is configured to come into contact with the hair extending between the two jaws in the moved-together configuration thereof (Fig 7 and Page 5, highlighted section in ¶5), the internal treatment member having a first lateral edge (annotated Fig 4A, A) and a second lateral edge (annotated Fig 4A, B) opposite to the first lateral edge (Fig 4A), the first lateral edge being configured such that an angle (annotated Fig 4A, 𝛽) formed between a median plane of the device (annotated Fig 4A, Z), extending between the jaws
in the moved-together configuration of the jaws, and on an outer surface of the jaw (annotate Fig 4A, C); the angle (𝛽) is greater than 90° (annotated Fig 4A. 𝛽 is greater than 90°).
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Fereyre is silent to hair under mechanical tension, bearing on the first lateral edge of the corresponding internal treatment member, and on an outer surface of the jaw; bearing the internal treatment member, adjacent to and separated from the corresponding internal treatment member;
the angle being less than or equal to 120°; the angle is less than or equal to 110° and greater than or equal to 95°; is equal to 105°±5°.
Yao teaches a hair iron device (abstract and Fig 1-11) including hair under mechanical tension (annotated Fig 6, R), bearing on the first lateral edge (annotated Fig 6, S) of the corresponding internal treatment member (annotated Fig 6, T), and on an outer surface of the jaw (annotated Fig 6, U); bearing the internal treatment member (Fig 6), adjacent to and separated from the corresponding internal treatment member (Fig 6) so that the hair iron device with which hair can be held with approximately uniform thickness and heated uniformly. And, it is another object of the invention to provide a hair iron device with which the hair is heated efficiently and quickly to be beautifully set (col 1 lines 21-25).
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It would have been obvious to one having ordinary skill in the art before the effective filing date to use the hair device of Fereyre and position the hair under mechanical tension, bearing on the first lateral edge of the corresponding internal treatment member, and on an outer surface of the jaw; bearing the internal treatment member, adjacent to and separated from the corresponding internal treatment member, as taught by Yao, so that the hair can be held with approximately uniform thickness and heated uniformly. And, to provide a hair iron device with which the hair is heated efficiently and quickly to be beautifully set.
Furthermore, it would have been an obvious matter of design choice to modify the angle between the median plane Z of the device and the outer surface of the Jaw of the combination of Fereyre and Yao hair device to be less than 120°; less than or equal to 110° and greater than or equal to 95°; equal to 105°±5°, since applicant has not disclosed that the specific range of this angle solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with angle of greater than 90° shown by Fereyre’s hair device. In this instance, modifying such an angle to be less than 120°; less than or equal to 110° and greater than or equal to 95°; equal to 105°±5° would provide users with alternative shape of the jaws to efficiently style the hair during use in order to meet various users’ needs and preferences.
In addition, the instant disclosure describes the selection of the angle as merely preferable [Page 2 lines 23-25] and does not describe it as contributing any unexpected result to the hair device. As such, the selection of the angle is deemed matters of design choice (lacking in any criticality), well within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results.
Claim 4. Fereyre and Yao teach the invention of claim 1. Fereyre further teaches having two internal treatment members that each extend over one of the jaws (Fig 4A) and each have at least one internal heating surface (12 or 13), the internal heating surfaces facing one another (Fig 4A) and being configured to grip the hair between one another in the moved-together configuration of the jaws (Fig 4A and Page 5, highlighted sections in ¶5 and ¶9).
Claim 5. Fereyre and Yao teach the invention of claim 1. Fereyre further teaches the first lateral edge (annotated Fig 4A, A) is closer to the outer surface of the jaw (annotated Fig 4A, C) bearing the internal treatment member that is adjacent thereto (annotated Fig 4A, E) than the second lateral edge (annotated Fig 4A, B) is to the outer surface of said jaw that is adjacent thereto (annotated Fig 4A, J) (annotated Fig 4A, distance E is smaller than distance F).
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Claim 6. Fereyre and Yao teach the invention of claim 1. Fereyre further teaches the internal treatment member (10, 11) has an internal plate (annotated Fig 4A, D) extending between the jaws having a contact surface with the hair (contact surface of 12 and 13), the contact surface with the hair forming the internal heating surface (Fig 4A and Page 5, highlighted sections in ¶5 and ¶9), an internal treatment member or members being mounted on the corresponding jaw (Fig 4A) by being inserted into a housing (Fig 4A, housing inside 1) of the jaw that opens towards another other jaw (Fig 4A).
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Claim 7. Fereyre and Yao teach the invention of claim 6. Fereyre further teaches wherein the each internal treatment member is asymmetric (Fig 4A) with respect to a median plane (annotated Fig 4a, H) of the housing of the corresponding jaw (Fig 4A), orthogonal to the median plane (annotated Fig 4A, Z) of the device extending between the jaws in the moved-together configuration of the jaws (Fig 4A).
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Claim 8. Fereyre and Yao teach the invention of claim 6. Fereyre further teaches wherein at least one of the internal plates (annotated Fig 4A, D) protrudes laterally (Fig 4A) from a support (annotated Fig 4A, W) at the first lateral edge (annotated Fig 4A, A) by a distance (annotated Fig 4A, L); but silent to the distance being greater than or equal to 1 mm.
However, Fereyre teaches the distance is close to being greater than 1 mm as shown by the annotated Fig 4A, distance “L”.
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It would have been an obvious matter of design choice to modify the distance between the first lateral edge and the support since applicant has not disclosed that the specific range of the distance of this distance solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the distance of Fereyre’s hair device shown in the annotated (Fig 4A, L). In this instance, modifying such distance would provide users with efficient heating surface area to allow efficient hair styling in order to meet the user’s needs and preferences
Claim 9. Fereyre and Yao teach the invention of claim 1. Fereyre further teaches wherein the internal treatment member is spaced apart from a plane (annotated Fig 4A, M) lying laterally on the outer surfaces of the two adjacent jaws (Fig 4A) and separated from the corresponding internal treatment member by a distance (annotated Fig 4A, distance N); but silent to the distance being at rest less than or equal to 6 mm.
However, Fereyre further teaches the distance at rest is close to less than or equal to 6 mm as shown in the annotated Fig 4A by the distance N.
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It would have been an obvious matter of design choice to modify the distance between the lateral surface of the two adjacent jaws and the corresponding internal treatment members of Fereyre’s hair device to be at rest less than or equal to 6 mm since applicant has not disclosed that the specific range of this distance solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with closed distance of Fereyre’s hair device shown in the annotated (Fig 4A, N). In this instance, modifying such distance would provide users with a compact size of the hair device to efficiently enhance portability during travel in order to meet user’s needs and preferences.
Claim 10. Fereyre and Yao teach the invention of claim 1. Fereyre further teaches the first lateral edge (annotated Fig 4A, A) of the internal treatment member or of at least one of the internal treatment members has an edge corner (annotated Fig 4A, O) configured to come into contact with the hair under tension bearing on the first lateral edge and the adjacent outer surface of the jaw bearing the internal treatment member (Fig 4A, the first lateral edge “A” with its edge corner “O” is capable to come into contact with the hair under tension bearing on the first lateral edge and the adjacent outer surface of the jaw bearing the internal treatment member).
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Claim 13. Fereyre and Yao teach the invention of claim 1. Fereyre further teaches including a recess (annotated Fig 4A, S) in the jaw between the first or second lateral edge of the internal treatment member and the outer surface of the jaw carrying the corresponding internal treatment member and adjacent to the corresponding internal treatment member (Fig 4A).
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Claim 14. Fereyre and Yao teach the invention of claim 1. Fereyre further teaches the first lateral edge (annotated Fig 4A, A) extends forming a protruding lateral relief (annotated Fig 4A, T).
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Claim 15. Fereyre and Yao teach the invention of claim 7. Fereyre further teaches wherein the internal treatment member (10 and 11) is asymmetric ( Fig 4A) exhibits a transverse distance (annotated Fig 4A, P) between the first lateral edge (annotated Fig 4A, A) and the transverse median plane (annotated Fig 4A, H) of the housing greater than that between the second lateral edge (annotated Fig 4A, B) and the transverse median plane (annotated Fig 4A, H) of the housing (annotated Fig 4A, distance P is greater than distance Q).
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Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fereyre Regis (WO2019122399A1, hereinafter “Fereyre”) in view of Yao (US 6941955 B2, hereinafter “Yao) as applied to claim 1 above, and further in view of Habibi (US20080283081 A1, hereinafter “Habibi”).
Claims 11-12. Fereyre and Yao the invention of claim 1, but silent to having at least one external treatment member for heating the hair to be treated that extends over one of the two jaws towards an exterior of the jaws; having an additional hair treatment member that extends from one of the two jaws towards the other jaw in the moved-together configuration of the two jaws and is arranged on said jaw laterally in the moved-together configuration of the jaws with respect to the internal treatment member.
Habibi teaches similar hair device including hair treatment jaws (Fig 3, 10 and 14) with internal hair treatment (Fig 3, 12 and 16), and at least one external treatment member (Fig 1, 26) for heating the hair to be treated that extends over one of the two jaws towards the exterior of the jaws (Fig 1 and ¶0028); having an additional hair treatment member (Fig 3, 30) that extends from one of the two jaws towards the other jaw in the moved-together configuration of the two jaws (Fig 2. The additional hair treatment member 30 extend around the exterior perimeter of Jaw 14 from one side of jaw 14 towards other side of jaw 10 in the closed configuration as shown in Fig 1) and is arranged on said jaw laterally in the moved-together configuration of the jaws with respect to the internal treatment member (Fig 1) so that during normal operation of the hair styling device the side members 26 and 30 and the end members 28 and 32 become hot (¶0028), and provide hair styling devices capable of use in curling, straightening, smoothing, curving and/or waving hair (¶0004).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the outer surface of the combination of Fereyre and Yao hair device and incorporate external hair treatment members that extends over the jaws, as taught by Habibi, so that during normal operation of the hair styling device the side members become hot and provide hair styling device capable of use in curling, straightening, smoothing, curving and/or waving hair.
Response to Arguments
Applicant’s arguments with respect to claims 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding the Applicant’s remarks and argument concerning: measurement of the angle β in Figure 4A of Fereyre that it shows an angle of approximately 140°, which is significantly greater than 120° and therefore outside the claimed range of less than or equal to 120° and strictly greater than 90°.
In response: The Applicant disagree with the Applicant’s assertion and the measurement of approximately 140°, as measured and shown in page 4 of the Applicant’s remarks.
The Examiner notes that Fereyre’s drawing are not drawn to scale and cannot rely on them for precise proportion. Therefore, Fereyre do not show an angle of approximately 140°, as mentioned by the Applicant.
It would have been an obvious matter of design choice to modify the angle between the median plane Z of the device and the outer surface (annotated Fig 4A above, C) of the Jaw of Fereyre’s hair device to be less than 120°; less than or equal to 110° and greater than or equal to 95°; equal to 105°±5°, since applicant has not disclosed that the specific range of this angle solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with angle of greater than 90° shown by the combination of Fereyre and Yao hair device. In this instance, modifying such an angle to be less than 120°; less than or equal to 110° and greater than or equal to 95°; equal to 105°±5° would provide users with alternative shape of the jaws to efficiently style the hair during use in order to meet various users’ needs and preferences.
In addition, the instant disclosure describes the selection of the angle as merely preferable [Page 2 lines 23-25] and does not describe it as contributing any unexpected result to the hair device. As such, the selection of the angle is deemed matters of design choice (lacking in any criticality), well within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results.
Conclusion
Additional references were also reviewed during the examination of this application and listed for your reference in the notice of reference cited form.
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/KARIM ASQIRIBA/Examiner, Art Unit 3772
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