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 as failing to comply with 37 CFR 1.84(p)(4) because reference characters "51" and "52" appear to be pointing to the same structure in Figures 4 and 6; however, different descriptions are provided for each (51=partition cover and 52=partition tooth). 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. 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
Claim objected to because of the following informalities: Claim 4 provides a period after the word tooth in line 3 and another sentence begins thereafter. Claims must be written as a single sentence, with one period at the end. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: elastic component in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-10 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 1 recites the limitation “the upper part" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the lower two sides" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Line 2 of claim 2 recites several fixed teeth and line 4 of claim 2 recites two adjacent fixed teeth, where it is unclear if the fixed teeth mentioned here are the same or different from each other and if they are the same or different from the fixed teeth recited in claim 1.
Claim 3 requires a group of elastic teeth be provided in each tooth hole where it is unclear if the elastic teeth of the group are the same or different from the elastic teeth recited in claims 1 and 2 and if the tooth hole is the same or different from the tooth hole recited in claim 2.
Claim 3 recites an elastic component in lines 4-5 where it is unclear if this elastic component is the same or different from the elastic component recited in claim 1.
Claim 7 requires the support feet be blocked by a space, where it is unclear how a space, which is void of structure, can block something.
Claim 8 requires the fixing cover seize the fixing frame where this language is indefinite. The term seize means to take hold of suddenly and forcibly or take (an opportunity or initiative) eagerly and decisively.
Claim 8 recites a partition strip where it is unclear if the partition strip is the same or different from the partition strip recited in claim 7. Claim 8 recites a support leg where it is unclear if the support leg is the same or different from the support feet.
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 1-5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (CN 217039194 U) as evidenced by Qin (US 20170215540).
Regarding claim 1, Yang et al. disclose a straightening comb with elastic floating teeth, comprising a shell (1), a heater (electrically heated comb, Refer to Abstract, Technical Field paragraph and claim 1) and a tooth assembly (2,3) and a circuit board, said tooth assembly comprises fixed teeth (2) and elastic teeth (3), the fixed teeth are installed fixedly in the shell, and the elastic teeth are installed movably in the shell, and each elastic tooth is opposite to a fixed tooth; an elastic component (4) is provided on the side of each elastic tooth, and presses against the side of the elastic tooth to form a structure that can move closer to or farther away from the fixed tooth; the upper part of at least one of the elastic and fixed teeth is an inclined structure to provide a gap that accommodates the hair between the elastic and fixed teeth (Refer to Figures 1-6 and paragraph beginning with Further on page 4, which states the elastic bulges 4 can be set on the movable comb 3 alone). Yang et al. are silent regarding the device having a circuit board where the heater is connected to the circuit board; however, it is well-known and conventional practice to provide a circuit board connected to the heater as demonstrated by Qin (printed circuit board (pcb) 23, Refer to Abstract and paragraphs 0005, 0006, 0019 and 0020). 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 comb of Yang et al. to include a circuit board connected to the heater as Qin demonstrates it is well-known and conventional to provide such circuit boards as they serve to effectively control the electronic components (electric heater) of the device.
Regarding claim 2, Yang et al. as evidenced by Qin disclose the straightening comb with elastic floating teeth of claim 1 above, Yang et al. further disclose the fixed teeth are provided on a comb strip (Refer to 1-6, comb teeth 2 are provided on a comb strip), and the lower two sides (base or root portion of the fixed teeth) of several fixed teeth are connected into an integrated structure through a fixing frame (spine or base from which the fixed teeth extend, best shown in Figures 1-4); there is a tooth hole (hole through which elastic teeth 3 extend) between two adjacent fixed teeth, and the elastic teeth extend from the tooth holes opposite the fixed teeth (Refer to Figures 1-6).
Regarding claim 3, Yang et al. as evidenced by Qin disclose the straightening comb with elastic floating teeth of claim 2 above, Yang et al. further disclose a group of elastic teeth (two elastic teeth 3, Refer to Figure 1-4) is provided in each tooth hole, each group of elastic teeth comprises symmetrically arranged left and right teeth, the left teeth are opposite to the right side of the fixed teeth, and the right teeth are opposite to the left side of the fixed teeth; an elastic component (4) is provided between the left and right teeth (elastic component 4 is on both sides of each tooth), and also presses against the opposite sides of the left and right teeth to form a structure that can push the left and right teeth simultaneously to move to the left and right sides simultaneously (hair inserted in the gap can push the movable teeth simultaneously).
Regarding claim 4, Yang et al. as evidenced by Qin disclose the straightening comb with elastic floating teeth of claim 1 above, Yang et al. further disclose a comb cover (7,6), and the comb cover is provided with a partition cover (7) and a partition tooth (6), where there is a gap between the partition cover and the partition tooth to form a combing groove, and each combing groove corresponds to a gap for accommodating hair (Refer to Figures 1 and 5).
Regarding claim 5, Yang et al. as evidenced by Qin disclose the straightening comb with elastic floating teeth of claim 4 above, Yang et al. further wherein the comb cover (6,7) is provided on the shell (1), the partition cover (7) is alternated with the partition teeth (6) to cover the elastic teeth (3), and the partition teeth (6) cover the fixed teeth (2) (Refer to Figure 1).
Regarding claim 10, Yang et al. as evidenced by Qin disclose the straightening comb with elastic floating teeth of claim 4 above, wherein the elastic component uses silicone blocks (4 are made of silica gel, where silica gel is silicone).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the Yang et al. as evidenced by Qin as applied to claim 4 above, and further in view of Kock (DE 202011050030 U1).
Regarding claim 6, Yang et al. as evidenced by Qin disclose the straightening comb with elastic floating teeth of claim 4 above; however, the combination does not provide protruding stop lugs are provided at the top of the elastic teeth, stop grooves matching the stop lugs are provided inside the top of the partition cover, and the stop lugs are inserted into the stop grooves; the size of a stop groove is larger than that of a stop lug, so that the stop lug can move within the stop groove. Kock discloses a heated comb (Refer to Figures 1-7) for straightening hair where the comb provides fixed teeth (Z1.2) and moveable teeth (Z2.2). The movable teeth have protruding stop lugs (upper portion of moveable teeth from 9 to distal-most surface) and the partition cover (6) has cooperating stop grooves (concavely curved grooves formed on the top interior surface of 6), the size of a stop groove is larger than that of a stop lug, so that the stop lug can move within the stop groove (Refer to Figures 2 and 4-6). This configuration allows the movable teeth to push out the excess hair from the space under the partition cover while also allow the gap (H) between the fixed and movable teeth to be closed when the portion 9 of the movable teeth are against surface 10 of the fixed teeth. 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 Yang et al. as evidenced by Qin such that the elastic teeth have protruding stop lugs at the top thereof and stop grooves matching the stop lugs be provided inside the top of the partition cover, where the stop lugs are inserted into the stop grooves and the size of a stop groove is larger than that of a stop lug as taught by Kock in order to effectively push hair out of the gap of the partition cover and selectively block hair from entering the gap between the fixed teeth and the movable teeth when desired.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. as evidenced by Qin as applied to claim 2 above, and further in view of Potts et al. (US 11019903).
Regarding claim 7, Yang et al. as evidenced by Qin disclose the straightening comb with elastic floating teeth of claim 2 above; however, the combination does not provide a partition strip along each fixed tooth, having the same direction as that of the fixed tooth, and extending to the bottom surface of the fixing frame on both sides; and support feet provided on the bottom surface of the elastic teeth, and blocked by the space formed by the fixing frame and the partition strips. Yang et al. does not disclose the specific configuration of the fixing frame and how the moveable teeth are held on the fixing frame of the fixed teeth; however, it is well-known and conventional in the art for elastic or detachable teeth to be provided with support feet or a base which is engaged within a channel/groove (space between adjacent partition strips) as demonstrated by Potts et al. (Refer to Figure 4, tooth labeled 44t has feet extending from the root/base portion of the tooth, where the feet are received between partition strips under the fixing portion of teeth 38). 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 comb of Yang et al. as evidenced by Qin to provide partition strips along each fixed tooth extending to the bottom surface of the fixing frame on both sides and support feet on the bottom surface of the elastic teeth as claimed, as Yang et al. are silent regarding the configuration of the fixing frame and how the movable teeth are engaged in their base portions with the fixing frame or fixed teeth and Potts et al. demonstrate the claimed arrangement is well-known and conventional in the art.
Regarding claim 8, the combination of Yang et al., Qin and Potts et al. disclose the straightening comb with elastic floating teeth of claim 7 above; however, the combination does not disclose the heater is fixed through a fixing cover, and the fixing cover seizes the fixing frame of the comb strip; a heat conducting plate is provided next to the heater, and in contact with all fixed and elastic teeth through a partition strip and a support leg respectively to form a heat conducting structure; the fixing cover is made of aluminum alloy. Yang et al. is silent regarding the heater assembly configuration and therefore does not provide the claimed relationships and structures, but the claimed configuration is conventional in the art as demonstrated by Qin. The electrically heated comb of Qin (Refer to Figure 5 and paragraph 0020) provides a heater (24) fixed to a metal fixing cover (12) and the fixing cover seizes the fixing frame (8,9). A heat conducting plate (13) is disposed next to the heater and in contact with the teeth between the teeth through a support portions (base portion of 8,9, analogous to partition strip and support leg) to form a heat conducting structure. 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 comb of the combination of Yang et al., Qin and Potts et al. such that a heat conducting plate be in contact with the partition strip and support leg of the teeth, the heat conducting plate being next to the heater and the heater being fixed through a metal fixing cover to the fixing frame as Yang et al. is silent regarding the heating assembly configuration and Qin demonstrates the claimed configuration is conventional in the art. As modified, the combination provides a metal fixing cover but does not specify the metal being an aluminum alloy; however, making the metal an aluminum alloy would have been obvious to one of ordinary skill in the art as it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 9, the combination of Yang et al, Qin and Potts et al. disclose the straightening comb with elastic floating teeth of claim 8 above, Yang et al. further disclose the shell comprises a first shell (upper shell labeled 1 in Figure 5) and a second shell (lower/bottom shell, unlabeled in Figure 5), and the fixed and elastic teeth extend from the first shell, and the second shell covers the bottom surface of the fixing cover.
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