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 § 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 1-7 are 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 “a film heater” and “a heat source” where it is unclear if these are the same or different structures.
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 1-3 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Altamore (US 6070596).
Regarding claim 1, Altamore discloses a hair iron (Refer to Figures 1-7), comprising: a first arm (14); a second arm (12) that is rotatably connected to the first arm and can be placed in a closed position where a tip-side portion thereof is close to or in contact with the first arm (Refer to Figures 1-3 and 7) and an open position where the tip-side portion is separated from the first arm (Refer to Figures 3 and 4); a first holding member (22) that is supported by the first arm and is located in a region of the first arm that faces the second arm in the closed position; a second holding member (inner surface of 12 having 25,27 thereon) that is supported by the second arm and is located in a region of the second arm that faces the first holding member on the first arm in the closed position; a plurality of protrusions (24) being poor thermal conductors (Refer to col. 5 lines 13-22), which are supported by the first arm and protrude outward in a region of the first arm that does not face the second arm in the closed position; a surface member (20) located between the protrusions on the first arm, and a film heater (44 of 14) that is bent into a U-shape in cross-section such that a portion of one end is in surface contact with the first holding member and a portion of the other end is in surface contact with the surface member (Refer to Figure 3), wherein the surface member and at least one of the first holding member and the second holding member are good thermal conductors and are capable of generating heat based on heat from a heat source (the film heater 44 is the heat source).
Regarding claim 2, Altamore discloses the film heater is configured to generate heat when supplied with power, wherein at least one of the first holding member and the second holding member is thermally connected to the film heater to be capable of generating heat (Refer to Figure 3 and col. 4 lines 47-55).
Regarding claim 3, Altamore discloses the first holding member is a good thermal conductor, the film heater is incorporated in the first arm, and the first holding member and the surface member are both thermally connected to the same film heater to be capable of generating heat (Refer to Figure 3 heater 44 heats upper surface 20 and inner surface 22).
Regarding claim 6, Altamore discloses the surface member has a convex portion (60 and/or 26) that protrudes to one side in a predetermined direction and is capable of generating heat (Refer to Figure 3).
Regarding claim 7, Kaizuka discloses the protrusions include a large protrusion (protrusions 24 are large) whose tip is on the one side from that of the convex portion in the predetermined direction (Refer to Figure 3).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Altamore and Joo et al. (US 20130319452).
Regarding claim 4, Altamore disclose the hair iron of claim 2 above; however, Altamore does not disclose a biasing member that is located between the portion of the one end and the portion of the other end of the film heater in the first arm and is capable of biasing the first holding member, wherein the first holding member is supported by the first arm so as to be slidable along a direction opposite to the second holding member in the closed position, and slides toward inside of the first arm against a biasing force of the biasing member when subjected to a load from a second holding member side. Joo et al. disclose a similar hair iron having first and second arms (1,3) with respective first and second holding members (5,7) which contact the user’s hair during use of the device (Refer to Figures 1-9). Joo et al. explain that the first holding member is supported by a biasing member (300,310) located between the first holding member and the surface member (100) such that when force is exerted from the side of the second holding member in the closed position, the first holding member slides in a direction opposite/away from the second holding member and into the first arm. This configuration prevents excessive pressure from being applied to the hair and ensures uniform pressure is applied to the plurality of hair being styled (Refer to paragraph 0025 and 0027). 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 hair iron of Altamore such that a biasing member be located between the end portions of the film heater corresponding to the the first holding member and the surface member in the first arm so as to bias the first holding member and allow the first holding member to slide away from the second holding member and toward an inside of the first arm when subjected to a load from a second holding member side as taught by Joo et al. in order to ensure uniform pressure is applied to the section of hair being styled while preventing excessive pressure/stress on the hair. Although Joo et al. do not disclose a film heater, one of ordinary skill in the art understands that modifying Altamore such that the first holding member be moveably supported by the biasing means requires maintaining the opposing ends of the heater 44 in contact with the respective surfaces (top/surface member 20 and first holding surface 22) so as to maintain appropriate heat transfer to these surfaces, thereby requiring the biasing element be located between these extremes or ends of the heater.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Altamore and Courtney (US 20210219688).
Regarding claim 5, Altamore discloses the hair iron of claim 1 above; however, Altamore does not disclose the first and second holding members being made of copper alloy. The first and second holding members of Altamore are thermally conductive as they are used to heat and style the user’s hair but the specific material used is not disclosed. Courtney et al. disclose a hair iron having first and second arms (12,14) with respective first and second holding members (24), where the holding members are made of “any suitable material which can transfer heat” where “examples of suitable materials are metals and alloys of metals such as aluminum, copper, steel, titanium, brass and beryllium copper” (Refer to paragraph 0041). 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 hair iron of Altamore such that the first and second holding members be made of a copper alloy as Courtney et al. demonstrates it is well-known and conventional to construct such members of copper alloys and 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.
Claims 1-3, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kaizuka (US 20140332023) and Xiao et al. (US 20180168310).
Regarding claims 1 and 2, Kaizuka discloses a hair iron (Refer to Figures 1-5), comprising: a first arm (1); a second arm (2) that is rotatably connected to the first arm and can be placed in a closed position where a tip-side portion thereof is close to or in contact with the first arm (Refer to Figures 1 and 2) and an open position where the tip- side portion is separated from the first arm (Refer to Figures 3 and 4); a first holding member (10) that is supported by the first arm and is located in a region of the first arm that faces the second arm in the closed position; a second holding member (20) that is supported by the second arm and is located in a region of the second arm that faces the first holding member on the first arm in the closed position; a plurality of protrusions (3) being poor thermal conductors (Refer to paragraph 0026 where the materials disclosed are poor thermal conductors), which are supported by the first arm and protrude outward in a region of the first arm that does not face the second arm in the closed position; and a surface member (11) located between the protrusions on the first arm, wherein the surface member and at least one of the first holding member and the second holding member are good thermal conductors and are capable of generating heat based on heat from a heat source (Refer to paragraphs 0023-0024). Kaizuka discloses the hair iron comprises a heater (51,60) that generates heat when supplied with power (Refer to paragraph 0032), wherein at least one of the first holding member (10) and the second holding member (20) is thermally connected to the heater to be capable of generating heat (first holding member is connected to heater 51 and second holding member is connected to heater 60, Refer to Figures 2 and 4); however, Kaizuka is silent regarding the heater being a film heater bent into a U-shape such that a portion of one end if in surface contact with the first holding member and a portion of the other end is in surface contact with the surface member.
Xiao et al. teach a similar hair iron where an arm is provided with a plurality of protrusions 22 on an upper/outer surface. The iron has a film heater 12 which is bent into a U-shape and provided within an interior cavity of the arm such that a portion of one end of the heater is in contact with the upper/outer portion and another portion of the other end of the heater is in contact with an inner surface (Refer to Figures 1, 3 and 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 hair iron of Kaizuka such that the heater be configured as a film heater bent into a U-shape such that a portion of one end is in surface contact with the first holding member and a portion of the other end is in surface contact with the surface member as taught by Xiao et al. as Xiao et al. demonstrate this heater configuration is well-known and conventional and in order to provide more uniform heat distribution to the surfaces which style the hair.
Regarding claim 3, the combination of Kaizuka and Xiao et al. disclose the hair iron of claim 2 above, wherein the first holding member is a good thermal conductor (Refer to paragraph 0023 of Kaizuka), the film heater is incorporated in the first arm (1), and the first holding member and the surface member are both thermally connected to the same film heater to be capable of generating heat (Refer to paragraph 0032 of Kaizuka).
Regarding claim 6, the combination of Kaiuka and Xiao et al. disclose the hair iron of claim 1 above, Kaizuka further discloses the surface member has a convex portion that protrudes to one side in a predetermined direction and is capable of generating heat (Refer to Figures 1-4 and paragraphs 0029 and 0032).
Regarding claim 7, the combination of Kaiuka and Xiao et al. disclose the hair iron of claim 1 above, Kaizuka further discloses the protrusions include a large protrusion (protrusions 3 are large) whose tip is on the one side from that of the convex portion in the predetermined direction (Refer to Figures 2 and 4).
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kaizuka and Xiao et al. and further in view of Courtney et al. (US 20210219688).
Regarding claim 5, the combination of Kaizuka and Xiao et al. disclose the hair iron of claim 1 above, wherein the first holding member and the second holding member are made of metal or ceramic material suitable for heating and styling hair (Refer to paragraph 0023 of Kaizuka which lists aluminum, steel and ceramic as exemplary materials); however, Kaizuka does not specifically list a copper alloy as one of the materials. Courtney et al. disclose a hair iron having first and second arms (12,14) with respective first and second holding members (24), where the holding members are made of “any suitable material which can transfer heat” where “examples of suitable materials are metals and alloys of metals such as aluminum, copper, steel, titanium, brass and beryllium copper” (Refer to paragraph 0041). 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 hair iron the combination of Kaizuka and Xiao et al. such that the first and second holding members be made of a copper alloy as Courtney et al. demonstrates it is well-known and conventional to construct such members of copper alloys and 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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kaizuka and Xiao et al. as applied to claim 2 above, and further in view of Joo et al. (US 20130319452).
Regarding claim 4, the combination of Kaizuka and Xiao et al. disclose the hair iron of claim 2 above; however the combination does not disclose a biasing member that is located between the first holding member and the surface member in the first arm and is capable of biasing the first holding member, wherein the first holding member is supported by the first arm so as to be slidable along a direction opposite to the second holding member in the closed position, and slides toward inside of the first arm against a biasing force of the biasing member when subjected to a load from a second holding member side. Joo et al. disclose a similar hair iron having first and second arms (1,3) with respective first and second holding members (5,7) which contact the user’s hair during use of the device (Refer to Figures 1-9). Joo et al. explain that the first holding member is supported by a biasing member (300,310) located between the first holding member and the surface member (100) such that when force is exerted from the side of the second holding member in the closed position, the first holding member slides in a direction opposite/away from the second holding member and into the first arm. This configuration prevents excessive pressure from being applied to the hair and ensures uniform pressure is applied to the plurality of hair being styled (Refer to paragraph 0025 and 0027). 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 hair iron of the combination of Kaizuka and Xiao et al. such that a biasing member be located between the first holding member and the surface member in the first arm so as to bias the first holding member and allow the first holding member to slide away from the second holding member and toward an inside of the first arm when subjected to a load from a second holding member side as taught by Joo et al. in order to ensure uniform pressure is applied to the section of hair being styled while preventing excessive pressure/stress on the hair. Although Joo et al. do not disclose a film heater, one of ordinary skill in the art understands that modifying the combination of Kaizuka and Xiao et al. such that the first holding member be moveably supported by the biasing means requires maintaining the opposing ends of the heater 44 in contact with the respective surfaces (top/surface member 20 and first holding surface 22) so as to maintain appropriate heat transfer to these surfaces, thereby requiring the biasing element be located between these extremes or ends of the heater.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The claims have been amended to require a film heater that is bent in a U-shape where a portion of one end is in surface contact with the first holding member and a portion of another end of the heater is in surface contact with the surface member. Previously, Courtney was relied upon for the teaching of a film heater; however, due to the new requirements, Courtney is no longer relied upon for this feature. Instead, Xiao et al. is relied upon. Additionally, claim 1 has been rejected under 35 USC 102 under Altamore.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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.
/TATIANA L NOBREGA/ Primary Examiner, Art Unit 3799
Prosecution Insights