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.
Claims 1-5, 10-11, 14, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carlyle et al. (US20240065411, hereinafter Carlyle).
Regarding Claim 1, Carlyle discloses a hair styling apparatus (figures 1-7; abstract) comprising: (a) a handle (20; figures 1-2) section having an interior (within 30; figure 2) and an open end (32; figure 2); (b) a styling attachment (10,100,200; figure 1; paragraph [0072] also discloses a round brush attachment) releasably attached to the handle section proximate the open end of the handle section (paragraph [0032]), the styling attachment having an interior in communication (at 102 and 202; figure 1; paragraph [0039]) with the interior of the handle section (paragraph [0039]); (c) a heating element (50; figure 2) contained within the handle section adapted to heat air within the handle section to a plurality of selectable temperatures (paragraph [0042]); and (d) a fan (41; figure 2) contained within the handle section adapted to blow air within the handle section into the interior of the styling attachment (figure 2; paragraph [0034]).
Regarding Claim 2, Carlyle discloses the hair styling apparatus of Claim 1. Carlyle discloses the styling attachment comprises a round volume brush (paragraph [0073]).
Regarding Claim 3, Carlyle discloses the hair styling apparatus of Claim 1. Carlyle discloses the styling attachment comprises a brush assembly (200; figure 1) having openings (203; figure 1; paragraph [0040]) formed therein, whereby air blown into the styling attachment is expelled through the openings (paragraph [0040]).
Regarding Claim 4, Carlyle discloses the hair styling apparatus of Claim 3. Carlyle discloses the handle section includes a cool switch (paragraph [0051] discloses that switch 61 controls the control unit 60 which as disclosed in paragraph [0048] can activate a third temperature of cool air to lock the hair in place) operatively connected to the heating element wherein positioning the cool switch at a first position turns the heating element off whereby the air blown into the styling attachment and expelled through the openings is unheated (figures 3-4; paragraphs [0048], [0050]-[0052]).
Regarding Claim 5, Carlyle discloses the hair styling apparatus of Claim 3. Carlyle discloses the handle section includes a motor (42; figure 2; paragraph [0034]) operatively connected to the fan (paragraph [00345]), and an airflow switch operatively connected to the fan to control the output of the motor whereby the air blown into the styling attachment and expelled through the openings travels at a first speed (figure 5) when the airflow switch is in a first position and travels at a second speed when the airflow switch is in a second position (figure 5; paragraph [0052]).
Regarding Claim 10, Carlyle discloses a hair styling appliance kit (figures 1-7; abstract) comprising: (a) a handle (20; figures 1-2) section having an interior (within 30; figure 2) and an open end (32; figure 2); (b) a plurality styling attachment (10,100,200; figure 1; paragraph [0072] also discloses a round brush attachment) adapted to be releasably attached to the handle section proximate the open end of the handle section (paragraph [0032]), each styling attachment having an interior in communication (at 102 and 202; figure 1; paragraph [0039]) with the interior of the handle section when releasably attached to the handle section (paragraph [0039]); (c) a heating element (50; figure 2) contained within the handle section adapted to heat air within the handle section to a plurality of selectable temperatures (paragraph [0042]); and (d) a motorized fan (41; figure 2) contained within the handle section adapted to blow air within the handle section into the interior of each styling attachment when attached to the handle section (figure 2; paragraph [0034]).
Regarding Claim 11, Carlyle discloses the hair styling appliance kit of Claim 10. Carlyle discloses the styling attachment comprises a round volume brush (paragraph [0073]).
Regarding Claim 14, Carlyle discloses the hair styling appliance kit of Claim 10. Carlyle discloses the handle section includes a cool switch (paragraph [0051] discloses that switch 61 controls the control unit 60 which as disclosed in paragraph [0048] can activate a third temperature of cool air to lock the hair in place) operatively connected to the heating element wherein positioning the cool switch at a first position turns the heating element off whereby the air blown into the styling attachment and expelled through the openings is unheated (figures 3-4; paragraphs [0048], [0050]-[0052]).
Regarding Claim 19, Carlyle discloses a method of styling hair (abstract; paragraph [0044]) comprising: (a) providing a hair styling kit (figures 1-7) comprising: (i) a handle (20; figure 1-2) section having an interior (within 30; figure 2) and an open end (32; figure 2), (ii) a plurality of styling attachments (10, 100, 200; paragraph [0073]) adapted to be releasably attached to the handle section proximate the open end of the handle section (paragraph [0032]), each styling attachment having an interior in communication with the interior of the handle section when releasably attached to the handle section (paragraph [0032]), (iii) a heating element (50; figure 2) contained within the handle section adapted to heat air within the handle section to a plurality of selectable temperatures (figure 2; paragraphs [0048] and [0050]-[0052]); and (iv) a fan (41; figure 2) contained within the handle section adapted to blow air within the handle section into the interior of each of the styling attachments when attached to the handle section (figure 2; paragraph [0034]); and (b) attaching one of the styling attachments to the handle section (paragraph [0039]), and using said styling attachment to style hair (paragraph [0039]).
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 6, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Carlyle et al. (US20240065411, hereinafter Carlyle) in view of Coats et al. (US 20070119070).
Regarding Claim 6, Carlyle discloses the hair styling apparatus of Claim 1. Carlyle discloses the plurality of selectable temperatures comprises a first temperature and a second temperature (figures 4-5; paragraphs [0050]-[0052]) higher than the first temperature (figure 5), and further wherein the handle section includes a temperature control (figure 1; paragraph [0052]) operatively connected to the heating element to control the heating element (figure 2; paragraphs [0051]), whereby movement of the temperature control to a first position selects the first temperature and movement of the temperature control dial to a second position selects the second temperature (paragraph [0052]).
Carlyle does not disclose the temperature control is a temperature control dial.
Coats discloses a hair styling appliance (Figure 1) with a selectable temperature (paragraph [0020]), and the handle section (30; figure 1) includes a temperature control dial (50; figure 1; paragraph [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the temperature control switch of Carlyle to be a temperature control dial as taught by Coats in order to more finely adjust the temperature to style the hair without imparting more damage to the hair than necessary.
Regarding Claim 15, Carlyle discloses the hair styling appliance kit of Claim 10. Carlyle discloses the plurality of selectable temperatures comprises a first temperature and a second temperature (figures 4-5; paragraphs [0050]-[0052]) higher than the first temperature (figure 5), and further wherein the handle section includes a temperature control (figure 1; paragraph [0052]) operatively connected to the heating element to control the heating element (figure 2; paragraphs [0051]), whereby movement of the temperature control to a first position selects the first temperature and movement of the temperature control dial to a second position selects the second temperature (paragraph [0052]).
Carlyle does not disclose the temperature control is a temperature control dial.
Coats discloses a hair styling appliance (Figure 1) with a selectable temperature (paragraph [0020]), and the handle section (30; figure 1) includes a temperature control dial (50; figure 1; paragraph [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the temperature control switch of Carlyle to be a temperature control dial as taught by Coats in order to more finely adjust the temperature to style the hair without imparting more damage to the hair than necessary.
Regarding Claim 18, Carlyle discloses the hair styling appliance kit of Claim 10. Carlyle discloses the handle section includes a temperature control (61; figure 1; paragraph [0052]) operatively connected to the heating element to control the heating element (paragraph [0052]), whereby moving the temperature control to a first position selects the first temperature (paragraph [0052]), moving the temperature control to a second position selects the second temperature (paragraph [0052]), and moving the temperature control dial to a third position selects the third temperature (paragraph [0052]).
Carlyle does not disclose the temperature control is a cylindrical temperature control dial and rotating the dial to change the temperature.
Coats discloses a hair styling appliance (Figure 1) with a selectable temperature (paragraph [0020]), and the handle section (30; figure 1) includes a cylindrical temperature control dial (50; figure 1; paragraph [0020]) and rotating the dial to change the temperature (paragraph [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the temperature control switch of Carlyle to be a temperature control dial as taught by Coats in order to more finely adjust the temperature to style the hair without imparting more damage to the hair than necessary.
Claims 7-8 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Carlyle et al. (US20240065411, hereinafter Carlyle) in view of Matsui et al. (US 20200323326, hereinafter Matsui).
Regarding Claim 7 and Claim 16, Carlyle discloses the hair styling apparatus of Claim 1 and the hair kit of claim 10. Carlyle discloses the plurality of selectable temperatures comprises a first temperature, a second temperature, and a third temperature (paragraph [0052]).
Carlyle does not disclose the plurality of selectable temperatures comprises a first temperature in the range of 100 to 135 degrees Fahrenheit, a second temperature in the range of 140 to 230 degrees Fahrenheit, and a third temperature in the range of 240 to 280 degrees Fahrenheit.
Matsui (figures 1-10) discloses a hair styling device with the plurality of selectable temperatures comprises a first temperature in the range of 100 to 135 degrees Fahrenheit (paragraph [0069] discloses choosing from the controller 10 a scalp setting that emits air at 50 C which is 122 F), a second temperature in the range of 140 to 230 degrees Fahrenheit (paragraph [0066] discloses choosing from the controller 10 a warm setting that emits air at 80 C which is 176 F), and a third temperature in the range of 240 to 280 degrees Fahrenheit (paragraph [0142] discloses choosing from the controller 10 a smooth setting that emits air at 120 C which is 248 F).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the three selectable temperatures of Carlyle to specify that the plurality of selectable temperatures comprises a first temperature in the range of 100 to 135 degrees Fahrenheit, a second temperature in the range of 140 to 230 degrees Fahrenheit, and a third temperature in the range of 240 to 280 degrees Fahrenheit as taught by Matsui in order to style the hair of the user in different ways according to the user’s desired aesthetic.
Regarding Claim 8 and Claim 17, Carlyle discloses the hair styling apparatus of Claim 1 and the hair kit of claim 10. Carlyle discloses the plurality of selectable temperatures comprises a first temperature, a second temperature, and a third temperature (paragraph [0052]).
Carlyle does not disclose plurality of selectable temperatures comprises a first temperature of approximately 131 degrees Fahrenheit, a second temperature of approximately 203 degrees Fahrenheit, and a third temperature of approximately 275 degrees Fahrenheit.
Matsui discloses a hair appliance (figures 1-1) with the plurality of selectable temperatures comprises a first temperature of approximately 131 degrees Fahrenheit (paragraph [0069] discloses a temperature of 50C which is 122F; the Examiner notes that “approximately” is being interpreted broadly as a temperature near the claimed temperature), a second temperature of approximately 203 degrees Fahrenheit (paragraph [0066] discloses a temperature of 80C which is 176F; the Examiner notes that “approximately” is being interpreted broadly as a temperature near the claimed temperature), and a third temperature of approximately 275 degrees Fahrenheit (paragraph [0142] discloses a temperature of 120C which is 248F; the Examiner notes that “approximately” is being interpreted broadly as a temperature near the claimed temperature).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the three selectable temperatures of Carlyle to specify that the plurality of selectable temperatures comprises a first temperature of approximately 131 degrees Fahrenheit, a second temperature of approximately 203 degrees Fahrenheit, and a third temperature of approximately 275 degrees Fahrenheit as taught by Matsui in order to style the hair of the user in different ways according to the user’s desired aesthetic.
However, at the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have modified the three selectable temperatures of Carlyle for the purpose of the plurality of selectable temperatures comprises a first temperature of approximately 131 degrees Fahrenheit, a second temperature of approximately 203 degrees Fahrenheit, and a third temperature of approximately 275 degrees Fahrenheit as taught by Matsui since applicant has not disclosed that having the plurality of selectable temperatures comprises a first temperature of approximately 131 degrees Fahrenheit, a second temperature of approximately 203 degrees Fahrenheit, and a third temperature of approximately 275 degrees Fahrenheit provides an advantage, solves any stated problem, or is used for any particular purpose and it appears that the device would perform equally well with either designs.
Furthermore, absent a teaching as to criticality that the plurality of selectable temperatures comprises a first temperature of approximately 131 degrees Fahrenheit, a second temperature of approximately 203 degrees Fahrenheit, and a third temperature of approximately 275 degrees Fahrenheit this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement. In re Kuhle, 526 F.2d 553,555,188 USPQ 7, 9 (CCPA 1975).
Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Carlyle et al. (US20240065411, hereinafter Carlyle) and Matsui et al. (US 20200323326, hereinafter Matsui) further in view of Coats et al. (US 20070119070).
Regarding Claim 9, Carlyle as modified by Matsui discloses the hair styling apparatus of Claim 8. Carlyle discloses the handle section includes a temperature control (61; figure 1; paragraph [0052]) operatively connected to the heating element to control the heating element (paragraph [0052]), whereby moving the temperature control to a first position selects the first temperature (paragraph [0052]), moving the temperature control to a second position selects the second temperature (paragraph [0052]), and moving the temperature control dial to a third position selects the third temperature (paragraph [0052]).
Carlyle does not disclose the temperature control is a cylindrical temperature control dial and rotating the dial to change the temperature.
Coats discloses a hair styling appliance (Figure 1) with a selectable temperature (paragraph [0020]), and the handle section (30; figure 1) includes a cylindrical temperature control dial (50; figure 1; paragraph [0020]) and rotating the dial to change the temperature (paragraph [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the temperature control switch of Carlyle to be a temperature control dial as taught by Coats in order to more finely adjust the temperature to style the hair without imparting more damage to the hair than necessary.
Claims 12-13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Carlyle et al. (US20240065411, hereinafter Carlyle) in view of Downs (US 20220133582) and Purvis et al. (US 20090229624, hereinafter Purvis).
Regarding Claim 12, Carlyle discloses the hair styling appliance kit of Claim 10. Carlyle discloses the plurality of styling attachments comprises a styling attachment comprising a brush (200; figure 1), a styling attachment comprising a round volume brush (paragraph [0073]), and am another styling attachment comprising a curling wand (100; figure 1).
Carlyle does not disclose the brush is an oval smoothing brush and three styling attachments are part of the kit.
Downs discloses a hair styling appliance kit (figure 7; paragraph [0040]) with an oval smoothing brush attachment (figure 7; The Examiner notes that brushing inherently smooths the hair by reducing tangles and knots).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the brush of Carlyle to be an oval smoothing brush as taught by Downs in order to be more ergonomic for the user when the user grips the brush head.
Purvis teaches a hair styling appliance kit (700; figure 7) comprising three styling attachments together (figure 7 depicts multiple attachment that can be exchanged for one another).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the kit of Carlyle to have three attachments as taught by Purvis in order to allow the user to select what styler they wish to use based upon desired aesthetics and to be able to replace the device if broken.
Regarding Claim 13, Carlyle as modified by Downs and Purvis discloses the hair styling appliance kit of Claim 12. Carlyle does disclose the styling attachment comprises a brush assembly (200; figure 1), however, Carlyle does not disclose a brush assembly having openings formed therein, whereby air blown into the styling attachment is expelled through the openings.
Downs discloses the styling attachment comprises a brush assembly (600; figure 6) having openings (715; figure 7; paragraph [0040]) formed therein, whereby air blown into the styling attachment is expelled through the openings (paragraph [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the brush of Carlyle to have openings formed therein, whereby air blown into the styling attachment is expelled through the openings as taught by Downs in order to dry the hair of the user quickly.
Regarding Claim 20, Carlyle discloses a method of styling hair as claimed in Claim 19. Carlyle discloses the plurality of styling attachments comprises a styling attachment comprising a brush (200; figure 1), a styling attachment comprising a round volume brush (paragraph [0073]), and am another styling attachment comprising a curling wand (100; figure 1).
Carlyle does not disclose the brush is an oval smoothing brush and three styling attachments are part of the kit.
Downs discloses a hair styling appliance kit (figure 7; paragraph [0040]) with an oval smoothing brush attachment (figure 7; The Examiner notes that brushing inherently smooths the hair by reducing tangles and knots).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the brush of Carlyle to be an oval smoothing brush as taught by Downs in order to be more ergonomic for the user when the user grips the brush head.
Purvis teaches a hair styling appliance kit (700; figure 7) comprising three styling attachments together (figure 7 depicts multiple attachment that can be exchanged for one another).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the kit of Carlyle to have three attachments as taught by Purvis in order to allow the user to select what styler they wish to use based upon desired aesthetics and to be able to replace the device if broken.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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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.
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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772