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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Regarding applicant’s remarks “Amendment of claims” filed 05/18/2026 with respect to claims 1-4, 6, 13, 16-17, 19-23, and 25 have been reviewed and acknowledged.
Applicant’s arguments, see “Rejection of Claims Under 35 USC 112”, filed 5/18/2026, with respect to claim(s) 1-3 have been fully considered and are persuasive. The 35 USC 112 of claim(s) has been withdrawn.
Applicant’s arguments with respect to claim(s) 1- 3 have been considered but are moot because the amendment of claim 1 introduces new limitations that changes the scope of the claim than was previously presented in the claim filed 11/27/2024 thus necessitating a new ground of rejection that does not rely on the previous prior arts (Wong (US 20090014024 A1)) relied upon for the Office Action mailed 02/18/2026.
Applicant's arguments regarding Harrison et al. (US 20220160096 A1) have been fully considered non persuasive. Harrison et al. teaches that element 24 may be provided with flexible bristles that applies uniformed tension to the hair fibers within a section of hair passing through the chamber 13 formed by the arms 14, 16 in the closed position ([0091]) thus disclosing that the area of element 13 can also apply pressing function on the hair fibers thus engages hair. Furthermore, using broadest reasonable interpretation, element 13 can be interpreted a distance between the first pressing panel and second pressing panel. And claim 1 does not require the presence of the second distance when the first and second pressing panels engages user hair, nor does the claim require that the second distance is between the entirety of the surface area of the first and second pressing panels.
Applicant's arguments regarding Stephen (GB 2567450 A) have been fully considered but they are not persuasive. Applicant argued that Stephen does not disclose or suggest a non-zero spacing between the heating panels in their closed condition and would in fact be contrary to the teaching of Stephen. The examiner respectfully disagrees with the applicant’s assertion because Stephen clearly states that the protective rim of the device retains a protrusion positioned to retain a gap between the facing side of the first arm and the facing side of the second arm, when in closed position (see abstract, claim 6, and 8). Note that the heating plate (24) are mounted on the facing sides (abstract).
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 15 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.
Claim 15 recites the limitation "the first panel" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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) 1, 4-6, 8, and 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (US 20220160096 A1) in view of (DE 20119863 U1).
Harrison et al. discloses a hair styling device (Figs. 1) comprising:
a first pressing panel (14 Fig. 1);
a second pressing panel (16 Figs. 1), the second pressing panel being movable relative to the first pressing panel (see Figs. 1 and 2; See that element 16 is movable relative to element 14);
the device having an open condition in which the first and second pressing panels are spaced apart by a first distance (see Fig. 1), and a closed condition in which the first and second pressing panels are spaced apart by a second distance (see Fig. 10; element 13 is a second distance. Paragraph 0091; element 13 is an intra-arm plenum chamber, an enclosed space between the first and second panels), the second distance being greater than zero and smaller than the first distance (see Figs. 1 and 10; element 13 is greater than zero and smaller than the space between the first and second panels in an open configuration), the first and second pressing panels facing one another in the closed condition (see Fig. 10) and being configured to press a length of hair passing between the pressing panels in the closed condition (see Fig. 3; [0091]);
an electric motor (see paragraph 0093); an impeller (38 Figs. 4 and 5; paragraph 0093 – 94); an electric heating element (40 Fig. 26; paragraph 0095); an air flow channel, at least a part of the impeller and at least a part of the heating element being in the air flow channel (see Fig. 26; see the space through which heated and cool air travels to the chambers of element 14. See that element 40 is in the said air flow chamber. Though not shown, the air is directed by the fan which is part of the air flow chamber);
the first pressing panel having a number of first apertures (24 Fig. 1), the first apertures being in communication with the air flow channel (see Fig. 26);
the second pressing panel having a number of second apertures (24 Fig. 10);
an exhaust channel (elements 19a 19b, 21a, 21b,28 Fig. 10) in communication with the second apertures (see Fig. 10; [0113]).
Harrison et al. does not disclose the first and second pressing panels being corrugated with at least one peak and trough and with the at least one peak and trough of the first pressing panel facing a corresponding trough and peak respectively of the second pressing panel.
(DE 20119863 U1) teaches an analogous device comprising a first pressing panel (3 Fig. 1); a second pressing panel (4 Fig. 1), the second pressing panel being movable relative to the first pressing panel (Fig. 1), the device having an open condition in which the first and second pressing panels are spaced apart by a first distance (see Fig. 1), and a closed condition in which the first and second pressing panels are spaced apart by a second distance (Fig. 2), the second distance being greater than zero and smaller than the first distance (see Figs. 1 and 2); the first pressing panel having a number of first apertures (K Fig. 2), the first apertures being in communication with an air flow channel (S Fig. 2); and the second pressing panel having a number of second apertures (K Fig. 2). (DE 20119863 U1) further teaches the first and second pressing panels being corrugated with at least one peak and trough and with the at least one peak and trough of the first pressing panel facing a corresponding trough and peak respectively of the second pressing panel (see Fig. 2; page 3: The heating plates 6, 7 have a wave as a topography…).
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 pressing panels of Harrison et al. to be configured to be corrugated with at least one peak and trough, as taught by (DE 20119863 U1), in order to create a device with pressing surfaces that can be used in reshaping hair in the area of its roots in order to give the hair more fullness.
Regarding claim 4, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1 above. Harrison et al. further discloses the hair styling device according to claim 1, having a secondary heat source (elements 20a, 20b, 22a, and 22b Fig. 10) for at least one of the first and second pressing panels ( [0096]).
Regarding claim 5, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 4 above. Harrison et al. further discloses the hair styling device according to claim 4 in which the secondary heat source is a ceramic heating element ([0097]: The heater plates 20a, 20b, 22a, 22b are preferably configured as ceramic float plates).
Regarding claim 6, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 4 above. Harrison et al. further discloses the hair styling device according to claim 4 in which the first and second pressing panels are thermally conductive, and in which the secondary heat source is an electrical heating element located at an edge of the first and/or second pressing panel (see that the elements 20a, 20b, 22a, 22b as illustrated in Fig. 10 are located at the edges of the first and/or second pressing panels. [0134]; elements 20a, 20b, 22a, 22b are conductive heater plates. [0089]; elements 20a, 20b, 22a, 22b are provided with respective electrical heating element).
Regarding claim 8, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1 above. Harrison et al. further discloses the hair styling device according to claim 1 in which the exhaust channel (elements 19a 19b, 21a, 21b, 28 Fig. 10) comprises one or more openings (26 Fig. 10) through which the air (D3 and D4 Fig. 10) can pass out of the device ([0116]).
Regarding claim 10, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1 above. Harrison et al. further discloses the hair styling device according to claim 1 in which the combined cross-sectional area of the second apertures is at least as large as the combined cross-sectional area of the first apertures (see Figs. 2, 8, and 10).
Regarding claim 11, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1 above. Harrison et al. further discloses the hair styling device according to claim 1 in which the first apertures (24 of element 16 Figs. 8 and 12) each have a size, shape and position and the second apertures (24 of element 16 Figs. 8 and 12) each have a size, shape and position, and in which the size, shape and position of each second aperture match the size, shape and position of a respective first aperture (see Figs. 8 and 12; elements 24 of 24 of the first and second panel appears to have similar size, shape, and position).
Regarding claim 12, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1 above. Harrison et al. further discloses the hair styling device according to claim 1 in which the cross-sectional area of the exhaust channel is at least as large as the combined cross- sectional area of the second apertures (see annotated Fig. 14).
Regarding claim 13, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1 above. Harrison et al. further discloses the hair styling device according to claim 1 in which the
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first pressing panel is mounted to a first arm in which the second pressing panel is mounted to a second arm (see Figs. 1 and 2).
Regarding claim 14, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 13 above. Harrison et al. further discloses the hair styling device according to claim 13 in which the first and second arms are hinged together (hinged by element 18) at ends opposed to the panels (see Fig. 1).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (US 20220160096 A1) in view of (DE 20119863 U1) and further in view of Stephen et al. (GB 2567450 A).
Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1. The combination do not teach that the first and second pressing panels in their closed condition are spaced apart by a distance of at least approximately 0.2 mm.
Stephen et al. teaches an analogous device (Fig. 2) comprising a first pressing panel (12 Fig. 2); a second pressing panel (14 Fig. 2); an open condition (Fig. 2) and a closed condition (Fig. 1). Stephen et al. further teaches that the first and second pressing panels in their closed condition are spaced apart by a distance of at least approximately 0.2 mm (see abstract and claims 6 - 8; the device has at least one protrusion that retains a gap between the first arm and second arm in a closed position/configuration, and said protrusion can have a height range of 0.1 mm to 1.0 mm. Thus, the between the first and second arms, retained by the protrusion will be at least approximately 0.2 mm).
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 device of Harrison et al./ (DE 20119863 U1) be configured such that the first and second pressing panels in their closed condition are spaced apart by a distance of at least approximately 0.2 mm, as taught by Stephen et al. One of ordinary skill in the art would be motivated to make this modification in order to allow for easy passage of hair between the first and second panels during the drying or styling process, thus preventing hair damage and promoting effective/even drying or styling of the hair by the user, as suggested by Stephen et al.
Claim(s) 3 and 17-20 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (US 20220160096 A1) in view of (DE 20119863 U1) and further in view of Berthold et al. (DE 102012210275 A1).
Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1. The combination do not teach that the spacing between the first and second pressing panels in the closed condition is adjustable.
Berthold et al. teaches an analogous device (Fig. 6) comprising a first pressing panel (17 Fig. 6) with a number of first apertures (5 Fig. 6); a second pressing panel (18 Fig. 6) with a number of second apertures (6 Fig. 6), and a closed condition (Fig. 6) in which the first pressing panel and the second pressing panel are spaced apart by a second distance (11 Fig. 11). Berthold et al. further teaches the analogous device, wherein the spacing between the first and second pressing panels in the closed condition is adjustable (see Figs. 6 and 7; page 9: the spacer 10 ensures a non-zero space between elements 18 and 17 in the closed position and said spacer can be configured to be adjustable as shown in Fig. 7 thus, allowing for the non-zero space between elements 18 and 17 to be adjustable).
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 device of Harrison et al./ (DE 20119863 U1) be configured such that the spacing between the first and second pressing panels in the closed condition is adjustable, as taught by Berthold et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a hair styling device that allows the user to adjust the spacing between the panels in a closed position to fit the user's styling preference and needs.
Regarding claim 17, Harrison et al./ (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 13 above. The combination does not teach the device having at least one spacing element to maintain the desired spacing between the first and second panels in a closed condition.
Berthold et al. teaches an analogous device (Fig. 6) comprising a first pressing panel (17 Fig. 6) with a number of first apertures (5 Fig. 6); a second pressing panel (18 Fig. 6) with a number of second apertures (6 Fig. 6), and a closed condition (Fig. 6) in which the first pressing panel and the second pressing panel are spaced apart by a second distance (11 Fig. 11). Berthold et al. further teaches an analogous device having at least one spacing element (10 Fig. 6) to maintain the desired spacing (11 Fig. 6) between the first (18 Fig. 6) and second pressing panels (17 Fig. 6) in a closed condition (see that the device in Fig. 6 is in a closed condition) (page 9).
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 device of Harrison et al./(DE 20119863 U1) to be configured to have at least one spacing element to maintain the desired spacing between the first and second pressing panels in a closed position, as taught by Berthold et al. One of ordinary skill in the art would have been motivated to make this modification in order to set a minimum space between the first and second panels in a closed configuration that allows for effective movement of hair in-between the panels during hair styling or drying process.
Regarding claim 18, Harrison et al. as modified by (DE 20119863 U1) and Berthold et al. discloses the claimed invention substantially as set forth in claim 17 above. Berthold et al. further teaches analogous device having at least one structural spacing element (see Fig. 6; page 9; the spacer 10 is a bulbous bulge at the front end of the arm; see Figs. 12 and 13; elements 28/29 are structural spacing elements).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed device to modify the device of Harrison et al./ (DE 20119863 U1)/Berthold et al. to be configured with at least one structural spacing element. One of ordinary would have been motivated to make this modification as explained in claim 17 above.
Regarding claim 19, Harrison et al. as modified by (DE 20119863 U1) and Berthold et al. discloses the claimed invention substantially as set forth in claim 17 above. of Harrison et al./ (DE 20119863 U1)/Berthold et al. does not teach the analogous device having a magnetic spacing element comprising a first magnet mounted to the first pressing panel. Berthold et al. further teaches an analogous device having a magnetic spacing element (10 Fig. 8) comprising a first magnet mounted to the first pressing panel (34 Fig. 8) and a second magnet (10 Fig. 8) carried by the second arm (18 Fig. 8), the first and second magnets being arranged to repel each other when the first and second arms are in the closed condition ([0014] or page 3 of machine translation; though the spacers in the embodiment of Fig. 8 are rollers, these mechanical spacers can be substituted for magnetic elements. An alternative to the above mechanical spacers are magnetic elements which are arranged on both arms of the hair dryer and repel each other when a minimum distance is reached. No contact of the magnets is required).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the device of Harrison et al./ (DE 20119863 U1)/Berthold et al. to be configured to have magnetic spacing element mounted on the first pressing panel and a second magnetic spacing element carried by the second arm and arranged to repel each other when the first and second arms are in closed condition, as taught by Berthold et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a device that maintains a minimum distance between the first and second panels with no magnets contacts required and as previously explained in claim 17 above.
Regarding claim 20, Harrison et al./(DE 20119863 U1)/Berthold et al. discloses the claimed invention substantially as set forth in claim 19 above. Harrison et al./(DE 20119863 U1)/Berthold et al. is silent regarding a hair styling device in which the second pressing panel is movably mounted to the second arm, and in which the second magnet is mounted to the second pressing panel. Berthold et al. further teaches an analogous hair styling device in which the second pressing panel is movably mounted to the second arm, and in which the second magnet is mounted to the second pressing panel (see Fig. 18 and [0066] or page 9 of the machine translation; the spacers 10 (can be substituted for magnetic elements, paragraph 0014) are mounted in the front region on the side of the treatment section (including treatment panel) of the second arm, 18).
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 device of Harrison et al./(DE 20119863 U1)/Berthold et al. to be configured with a second pressing panel movably mounted to the second arm, and in which the second magnet is mounted to the second pressing panel, as taught by Berthold et al. One of ordinary skill in the art would have been motivated to make this modification as explained in claim 19 above.
Regarding claim 22, Harrison et al./ (DE 20119863 U1)/Berthold et al. discloses the claimed invention substantially as set forth in claim 18 above. Harrison et al./ (DE 20119863 U1)/Berthold et al. is silent regarding a hair styling device in which a first spacing element is located adjacent to an end of the first and second panels and a second spacing element is located adjacent to an opposing end of the first and second pressing panels.
Berthold et al. further teaches an analogous hair styling device in which a first spacing element (10 Fig. 6) is located adjacent to an end of the first and second panels (see that element 10 is located adjacent to an end of elements 17 and 18, Fig. 6) and a second spacing element is located adjacent to an opposing end of the first and second pressing panels (Berthold et al. teaches that several spacers (e.g. two or more) can be fixed to the first arm and/or second arm (pages 2-3); Also, these spacers can be attached to both sides of the arm (pages 2-3). It is understood by the examiner that the spacers can be positioned as desired and that the placement of the spaces at two opposing ends of the first and second panels is clearly described by Berthold et al. teaching that the spacers can be attached to both sides of the arm of the device. See Fig. 8; placement of element 10 at the outer ends of the rolls of spacers, clearly shows the spacers at the extreme ends of the spacers to be adjacent to opposing ends (labeled 34) of the first and second arms (elements 17 and 18)).
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 device of Harrison et al./ (DE 20119863 U1)/Berthold et al. to be configured with first spacing element located adjacent to an end of the first and second panels and a second spacing element located adjacent to an opposing end of the first and second pressing panels, as taught by Berthold et al. One of ordinary skill in the art would have been motivated to make this modification as earlier explained in claim 17 above.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (US 20220160096 A1) in view of (DE 20119863 U1) and further in view of Beaumont et al. (GB 2600474 A).
Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 4 above. The combination does not teach that the secondary heat source is at least one infra-red radiator.
Beaumont et al. teaches an analogous device (10 Figs. 1 and 2) comprising a first pressing panel (14 Fig. 1) and a second pressing panel (16 Fig. 1). Beaumont et al. further teaches analogous device (10 Figs. 1 and 2) that the secondary heat source is at least one infra-red radiator (28 Fig. 2; abstract).
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 secondary heat source of the device of Harrison et al./ (DE 20119863 U1) to be configured with infra-red radiator, as taught by Beaumont et al. One of ordinary skill in the art would have been motivated to make this modification order to improve the styling or drying efficiency of the hair device by using radiation emitted by the infrared emitters, as suggested by Beaumont et al.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (US 20220160096 A1) in view of (DE 20119863 U1) and further in view of Harris et al. (EP 2433519 A1).
Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1 above. The combination does not teach that the hair styling device have an exhaust impeller in the exhaust channel.
Harris et al. teaches an analogous device (Figs. 1a-e) comprising a first pressing panel (4 Figs. 1a-e) and a second pressing panel (6 Figs. 1a-e). Harris et al. further teaches analogous device having an exhaust impeller (36 Figs. 4a – 6) in the exhaust channel (42 Figs. 4a – 6).
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 device of Harrison et al./ (DE 20119863 U1) to be configured to have exhaust impeller in the exhaust channel, as taught by Harris et al. One of ordinary skill in the art would have been motivated to make this modification in order to effective direct the air flow in the exhaust channel thus improving the overall efficacy of the device during hair styling or drying process.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (US 20220160096 A1) in view of (DE 20119863 U1) and further in view of Gambirasio (IT 201700109351 A1).
Regarding claim(s) 15 and 16, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 13 above.
Regarding claim 15, Harrison et al. further discloses a hair styling device in which the air flow channer (the chamber through which airflow D1 flows; Fig. 8) is located in the first arm (see Fig. 8). Harrison et al./ (DE 20119863 U1) do not teach the device in which the first panel has a peak with a peak wavelength and a peak amplitude and a trough with a trough wavelength and a trough amplitude, the peak wavelength and/or peak amplitude being larger than the trough wavelength and/or trough amplitude respectively whereby to increase the cross-sectional area of the air flow channel.
Gambirasio teaches an analogous device in which the first panel has a peak with a peak wavelength and a peak amplitude and a trough with a trough wavelength and a trough amplitude, the peak wavelength and/or peak amplitude being larger than the trough wavelength and/or trough amplitude respectively whereby to increase the cross-sectional area of the air flow channel (see annotated Fig. 5b; the peaks and troughs of the first and second panel inherently have a wavelength and amplitude properties. See that the wavelength and/or amplitude of the “peak of first panel” is larger than the wavelength and/or amplitude of the “trough of first panel”).
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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 device of Harrison et al./(DE 20119863 U1) be configured with first panel having peaks and troughs with peak and trough wavelengths and amplitudes, wherein the wavelengths and amplitudes of the peak is larger than the wavelengths and amplitudes of the trough, as taught by Gambirasio. One of ordinary skill in the art would have been motivated to make this modification in order to create distinct wavy styling profiles and increase the hair pressing area of the hair styling device, as suggested by Gambirasio.
Regarding claim 16, Harrison et al./(DE 20119863 U1) is silent regarding a hair styling device in which the first pressing panel is movably mounted to the first arm. Gambirasio further teaches an analogous device in which the first pressing panel (5 Fig. 2) is movably mounted to the first arm (2b Fig. 10) (page 8: the second stylization element 5 is also able to rotate 180° around an axis of rotation along the longitudinal direction of the handle 2b).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Harrison et al./(DE 20119863 U1) be configured with first pressing panel movably mounted to the first arm of the device, as taught by Gambirasio. One of ordinary skill in the art would have been motivated to make this modification in order to create a single device that allows for multiple styling methods by interchanging or rotating the styling panel to suit the user styling preference.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (US 20220160096 A1) in view of (DE 20119863 U1), Berthold et al. (DE 102012210275 A1) and further in view of Gianni (US 20050016557 A1).
Harrison et al./ (DE 20119863 U1)/Berthold et al. discloses the claimed invention substantially as set forth in claim 19 above. The combination do not teach that the first arm has a first resilient biasing element which biases the first pressing panel towards the second pressing panel.
Gianni teaches an analogous hair styling device (10 Figs. 1 and 2) comprising a first pressing panel (12 Figs. 1 and 2) and a second pressing panel (14 Figs. 1 and 2). Gianni further teaches that the first arm has a first resilient biasing element which biases the first pressing panel towards the second pressing panel ([0012]; a resilient member (e.g., spring) may be used to bias first brush head 12 and second brush head 14 in either an open position (FIG. 1) or a closed position (FIG. 2)).
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 device of Harrison et al./ (DE 20119863 U1)/Berthold et al. to be configured to have a first arm have a first resilient biasing element which biases the first pressing panel towards the second pressing panel, as taught by Gianni. One of ordinary skill in the art would have been motivated to make this modification in order to effectively hold the styling arms in the closed position and prevent the styling arms unduly separating during the drying and styling process.
Claim(s) 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison et al. (US 20220160096 A1) in view of (DE 20119863 U1) and further in view of Wong (US 20200205540 A1).
Regarding claim 23, Harrison et al. as modified by (DE 20119863 U1) discloses the claimed invention substantially as set forth in claim 1 above. The combination do not teach at least one pressing element located adjacent to a side edge of the first pressing panel.
Wong teaches an analogous device in which at least one pressing element (8 Fig. 4) is located adjacent to a side edge of the first panel (1 Fig. 4) (see Fig. 4; see that element 8 is located adjacent to the side edge of the first panel, 1; claim 5; paragraph 0010).
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 device of Harrison et al./ (DE 20119863 U1) to be configured to have at least one pressing element located adjacent to a side edge of the first pressing panel, as taught by Wong. One of ordinary skill in the art would have been motivated to make this modification in order create a device that gently clamp the hair while the device is in use thus effecting proper styling or drying of the user’s hair, as suggested by Wong.
Regarding claim 24, Harrison et al. as modified by (DE 20119863 U1) and Wong discloses the claimed invention substantially as set forth in claim 23 above. Wong further teaches the analogous device in which the pressing element (elements 8 and 9 Fig. 4) is approx. 2 mm wide (Wong does not disclose that the width of the pressing element is approx. 2mm. The instant disclosure describes this parameter as being merely preferable and does not describe it as contributing any unexpected result to the covering device. As such, this parameter 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).
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 device of Harrison et al./ (DE 20119863 U1)/Wong to be configured such that the pressing element is approx. 2 mm wide. An ordinary artisan would have been motivated to make this modification as described in claim 23 above.
Regarding claim 25, Harrison et al. as modified by (DE 20119863 U1) and Wong discloses the claimed invention substantially as set forth in claim 23 above. The combination do not teach that the pressing element acts to seal at least a part of a gap between the first and second pressing panels in the closed condition. Wong further teaches an analogous device in which the pressing element (elements 8 and 9 Fig. 4) acts to seal at least a part of a gap between the first and second pressing panels (elements 3 and 4 Fig. 4) in the closed condition ([0034]: When hairs are clamped between the upper clamping surface 5 and the lower clamping surface 6, the upper side teeth 8 and the lower side teeth 9 may be engaged/meshed with each other).
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 device of Harrison et al./ (DE 20119863 U1)/Wong to be configured such that the pressing element acts to seal at least a part of a gap between the first and second pressing panels in the closed condition in order to properly clamp the hair during the styling/drying process or to aid in further straightening/styling the hair, as taught and suggested by Wong.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIEMERIE C AZUBUOGU whose telephone number is (571)272-0664. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00PM.
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.
/C.A./ Patent Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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