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). The certified copy has been filed in parent Application No. CN202420970439.6, filed on 05/07/2024.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1,7,9,10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN 219165844 U) herein after Zhao in view of Song et al (CN 211483303 U) herein after Song.
Regarding claim 1, Zhao teaches a hair curler, comprising: a lower clamp body (as shown in Figure 2), comprising a heating seat (Figure 2, heating seat attached to lower clamp body) for curling hair and a pair of grooves (31) disposed at opposite sides of the heating seat respectively; and an upper clamp body (Figure 2),
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wherein the lower clamp body further comprises a fan (7) for generating an airflow,
and each groove comprises a bottom (31 consist of walls or bottoms) which defines vent holes (30, vent holes are present in these groves) to allow the airflow to enter the groove.
However, Zhao does not teach opening on the upper cover and protrusions. Song teaches the upper clamp body comprising an opening corresponding to the heating seat (Figure 1) and
protrusions (2, Figure 1) disposed at opposite sides of the opening, the protrusions being aligned with the grooves respectively when the upper clamp body is closed to the lower clamp body (as shown in Figure 1); and upper clamp body movably connected to the lower clamp body at a joint (Figure 1 below),
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The primary reference can be modified to meet this/these limitation(s) as follows:
The opening and protrusions (as in Figure 1) taught by Song can be introduced to the upper clamp body (as in Figure 2) of Zhao in order to have better resting surface for the heating body, and facilitating the heating body movements.
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because: Modifying would facilitate better resting surface for the heating body and better heating body movements.
Regarding claim 7, Zhao teaches a hair curler according to claim 1, wherein the lower clamp body comprises a lower housing a lower cover (housing 5 and 6), the lower cover is fixed to one side of the lower housing facing the upper clamp body (these can be seen in Figure 3); however, does not teach a movable heating body which protrudes upward beyond lower cover.
Song teaches a heating seat is movably (heating body 7, on surface 71 is movable, Page 1, abstract lines 3-5) mounted in the lower housing and protrudes upwardly beyond the lower cover (can be seen in Figure 1). The movable heating seat (7) taught by Song can be introduced to the lower casing of curler taught by Zhao in order to have better curling experience. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have better curling experience.
Regarding claim 9, Zhao teaches a hair curler according to claim 7 which contains grooves (31), however does not teach the guide groove facing the opening is defined in the lower cover, the heating seat is located in the guide groove and protrudes from the lower cover toward the opening; and a height of the heating seat protruding beyond the lower cover can be adjusted by an adjusting mechanism.
Song teaches wherein a guide groove facing the opening is defined in the lower cover, the heating seat is located (shown in Figure 1) in the guide groove and protrudes from the lower cover toward the opening; and a height of the heating seat protruding beyond the lower cover can be adjusted by an adjusting mechanism (heating body 7, on surface 71 is movable, Page 1, abstract lines 3-5). The heating seat (7) protruding beyond the lower cover taught by Song can be incorporated into the lower covering of the hair curler taught by Zhao. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have better curling experience by having a heating element with more surface area.
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Regarding claim 10, Zhao teaches a hair curler according to claim 9 with heating seats as in Figure 1, However does not teach position limiters at two ends that limit the guiding movement.
Song teaches a heating seat comprises position limiters arranged at two opposite sides thereof, for guiding the heating seat to move and limiting a highest position of the heating seat (can be seen in Figure 2, in order to connect the heating seat to the moving mechanism). The position limiters taught by Song can be incorporated into the heating seat of hair curler of Zhao in order to mount and limit the seat. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to limit the heating seat movements.
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Regarding claim 17, Zhao teaches a hair curler according to claim 1 that contains a heating seat/element and grooves (31) extending along the length. However, does not teach that the heating seat is U-shaped and opening extends through the upper clamp body in a height direction of the upper clamp body; or the protrusions are arc-shaped, and the protrusions matches with the arc-shaped grooves in shape.
Song teaches wherein the heating seat (7) is inverted U-shaped, the opening is an elongated groove extending along a length direction of the upper clamp body, and the opening extends through the upper clamp body in a height direction of the upper clamp body; or the protrusions are arc-shaped (2), and the protrusions matches with the arc-shaped grooves in shape (as shown in Figure 1). The U-shaped heating seat (7), openings taught by Song can be implemented on the upper and lower clamp bodies of the hair curler taught by Zhao. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have a better curling experience due to the U-shaped nature of the heating seat and better resting mechanism provided by protrusions.
Claim(s) 2-4, 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN219165844U) herein after Zhao in view of Song et al (CN211483303U) herein after Song as in claim 1, and further in view of Wang et al (CN217906672U) herein after Wang.
Regarding claim 2, Zhao teaches a hair curler according to claim 1 with a lower clamp body as shown in Figure 1 with grooves (31), However does not teach a negative ion generator for generating negative ions to be taken away by the airflow to the grooves. Wang teaches a negative ion generator (14) for generating negative ions.
The negative ion generator (14) taught by Wang can be incorporated into lower clamp body of the hair curler of Zhao in order to generate negative ions that can be taken by the airflow through the grooves (31) to smoothen the hair during curling. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have better hair curling experience by smoothening the hair by introducing negative ions to the airflow.
Regarding claim 3, Zhao teaches a hair curler according to claim 2, wherein the lower clamp body further comprises an air guide member (air guide part under the groves 31, structure 32) disposed under each of the grooves, and each of the air guide members defines an air guide channel (32, longitudinal air channels) configured to communicate an outlet of the fan with a corresponding one of the grooves (Page 4, lines 8-10).
Regarding claim 4, Zhao teaches a hair curler according to claim 3, wherein each groove (figure 3, 31) is elongated and extends along a length direction of the hair curler; the air guide channels (32) are parallel with the grooves (31); and the vent holes (61) are distributed in the length direction at an even interval (Figures 2, and 3).
Regarding claim 6, Zhao teaches a hair curler according to claim 3 which contains grooves (31) acts as top of air guide channels (32), however does not explicitly teach the grooves has a concaved arcuate shape. Song teaches the grooves has a concaved arcuate shape (Figure 2, 16). The concave arcuate shaped grooves (16) taught by Song can be introduced to the lower cover grooves (31) of hair curler taught by Zhao. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have better air flow through the grooves.
Regarding claim 20, Zhao teaches a hair curler according to claim 1, and at least one control button (8). However, does not explicitly teach the control button electrically connected to a control circuit board. Wang teaches a control circuit board (27 at the button) is provided on the upper clamp body for controlling operation of the hair curler.
The control circuit board (27) taught by Wang can be incorporated into the upper clamp body electrically connected to the control button (8) of the hair curler taught by Zhao in order to keep a continuous electrical connection. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to keep the control button electrically connected to the equipment.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN219165844U) herein after Zhao in view of Song et al (CN211483303U) herein after Song and in view of Wang et al (CN217906672U) herein after Wang as in claim 4, and further in view of Ma et al (WO2020151029A1) herein after Ma.
Regarding claim 5, Zhao teaches a hair curler according to claim 4 consisting of vent holes (61), however does not explicitly teach the vent hole diameter or distances.
Ma teaches vent holes are round holes each of which has a diameter of 0.5-5mm. The vent holes of these dimensions taught by Ma can be implemented on the hair curler body of Zhao. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have better air flow.
Regarding the “distance between adjacent vent holes in the length direction is in a range of 5-15 mm; or the distance between adjacent vent holes in a width direction of the hair curler is in a range of 3-8 mm” is not explicitly stated by Zhao or Ma.
There is no evidence of record that establishes that changing the length and width distance of air holes would result in a difference in function of the Zhao’s device. Further, a person having ordinary skill in the art, being faced with modifying the air hole of Zhao., would have a reasonable expectation of success in making such a modification and it appears the device would function as intended being given the claimed distances. Lastly, applicant has not disclosed that the claimed range solves any stated problem, indicating that the distances “may” be within the claimed range, and offering other acceptable ranges (specification at para. [0051]) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the air holes (61) of Zhao to have a length direction is in a range of 5-15 mm; or the distance between adjacent vent holes in a width direction of the hair curler is in a range of 3-8 mm as an obvious matter of design choice within the skill of the art.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN219165844U) herein after Zhao in view of Song et al (CN211483303U) herein after Song as in claim 7, and further in view of Leung et al (US20080041409A1) herein after Leung.
Regarding claim 8, Zhao teaches a hair curler according to claim 7, wherein the lower housing comprises a first section, a connecting section and a second section arranged in the length direction of the air curler in sequence; the second section has a cross-sectional area greater than that of the first section; (Figure 4)
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Zhao does not teach in intake holes in the second section. Leung teaches that the connecting section (the middle area) is connected between the first section and the second section and defines a plurality of intake holes (23, air intake holes) for introducing external air into inside of fan.
The plurality of intake holes taught by Leung can be incorporated into the area between first and second sections of hair curler of Zhao in order to have a better cooling and airflow. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have better cooling and airflow mechanism.
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN219165844U) herein after Zhao in view of Song et al (CN211483303U) herein after Song, as applied to claim 9 above, and further in view of Li et al (CN111297024B) herein after Li.
Regarding claim 11, Zhao teaches a hair curler according to claim 9 consisting a heating seat, however does not teach a gear and gear rack mechanism for heating seat height adjustment. Li teaches that the adjusting mechanism comprises a gear (5), a gear rack (71) meshing with the gear is provided on the heating seat, and the gear rack is arranged along a height direction of the heating seat (page 2, lines 18-20). The gear (5) and rack (71) mechanism taught by Li can be implemented under the heating seat of Zhao in order to facilitate the heating seat movements. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have a movable heating seat using a gear mechanism.
Regarding claim 12, Zhao teaches a hair curler according to claim 11, however does not teach a heating seat adjustment and moving mechanism.
Li teaches an adjusting mechanism comprises a knob (6) and a rod (2), the rod is mounted in the lower housing, the gear is fixed on the rod (gear 5 fixed on rod 2, Figure 1), and the knob (6) is connected to one end of the rod. The gear rod (2) mechanism taught by Li can be incorporated under the heating seat of the hair curler of Zhao in order to adjust the heating seat movements. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have a movable and adjustable heating seat to facilitate a better curling experience.
Regarding claim 13, Zhao teaches a hair curler according to claim 12, however does not teach a seat adjustment and limiting mechanism. Li teaches an adjusting mechanism comprises a limiting seat (11) fixed on the rod (2), and the limiting seat is configured to limit a position of the adjusting mechanism along a length direction of the rod (to limit the movements of the rod, as in page 4, lines 30-34). The heating seat limiting mechanism (11) taught by Li can be implemented near the heating seat of the hair curler taught by Zhao in order to limit the heating seat movements. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to limit the movements of the movable heating seat.
Regarding claim 14, Zhao teaches a hair curler according to claim 13, however does not teach a spring based moving mechanism for the heating seat. Song teaches a sleeve seat (shown in figure 4) is provided in the lower housing, a second spring (15) is set inside the sleeve seat, a bracket (14) is fixed to the sleeve seat, the limiting seat (shown in figure 4) is mounted on the bracket, one end of a locking lever (10) is connected to the spring mechanism in order to control the springs and the heating seat movements. The primary reference Zhao can be modified using the spring-based heating seat moving mechanism taught by Song in order to facilitate controlled heating seat movements. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to facilitate better heating seat movements and adjustments.
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Regarding claim 15, Zhao teaches a hair curler according to claim 14, however does not teach limiting slots and locking lever.
Li teaches wherein a plurality of limiting slots is distributed around outer circumference (shown in annotated figure 4 below).
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Song teaches a locking lever (10) and bracket (14) which is connected to the spring mechanism which is used to move the heating seat. The primary reference (Zhao) can be modified using a gear mechanism with limiting slots as taught by Li connecting to a spring locking mechanism (10) taught by Song which passes through the bracket extending into the limiting slot, in order to have a movable heating seat where the movements are adjustable and limited. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to limit the movements of the movable heating seat.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN219165844U) herein after Zhao in view of Song et al (CN211483303U) herein after Song as in claim 1, and further in view of Cheng et al (CN209711912U) herein after Cheng.
Regarding claim 16, Zhao teaches a hair curler according to claim 1 consisting a heating seat. But does not explicitly teach heating wires in the heating seat and the upper cover.
Cheng teaches that the heating seat is provided with at least one first heating wire (page 1, background lines1-2) therein, and the clamp cover (which corresponding to the protrusions on the upper clamp cover) is provided with at least one second heating wire (page 3, lines 31-33) therein.
The heating wires in the heating seat and the cover taught by Cheng can be implemented in the heating seat and cover of hair curler taught by Zhao in order to have electrical connectivity.
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to have electrical connectivity between the plates and the cover.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN219165844U) herein after Zhao in view of Song et al (CN211483303U) herein after Song as in claim 1, and further in view of Keig et al (US20060124625A1) herein after Keig.
Regarding claim 18, Zhao teaches a hair curler according to claim 1, however does not explicitly teach a spring in the joint. Keig teaches a spring based joint, where a first spring is engaged between the lower clamp body and the upper clamp body adjacent to the joint (paragraph [0029]). The spring-based joint of Keig can be implemented at the joint of Zhao in between clamps. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to facilitate better movements at the joint.
Regarding claim 19, Zhao teaches a hair curler according to claim 18 which contains a tail wire part but does not explicitly teach an upper and lower tailstock in the lower clamp body. Song teaches a first tailstock is provided at an end of the lower clamp body, a second tailstock is provided at an end of the upper clamp body (seen by top and bottom tailstock parts Figure 2) and the first tailstock and the second tailstock are fixed to each other and received in a sleeve. The tailstock parts taught by Song can be implemented at the tail wire end of the hair curler taught by Zhao. A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) in order to facilitate better movements at the wire joint.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA N. SAMARASEKARA whose telephone number is (571)272-9653. The examiner can normally be reached Monday-Friday 8.00am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARA N SAMARASEKARA/ Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772