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. PCT/CN2024/086767 and 202320933653.X, filed on April 9, 2024 and April 13, 2023 respectively.
Claim Rejections - 35 USC § 102
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.
(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.
Claim(s) 1,2,5,6, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (CN218515318U) herein as Chen.
Regarding claim 1, Chen discloses an automatic hair curler, comprising: a handle (10),
inside which a drive motor (203) is arranged; a housing (204), which is a tubular structure, with one end that is connected to the handle, wherein one hair-passing hole (102) and one bar-shaped hole (1011) are opened on an outer wall of the housing and arranged opposite to each other, and extend in a lengthwise direction of the housing (1011 goes in lengthwise direction),
a first via hole (1012) is arranged on one side of the bar-shaped hole on the outer wall of the housing, extends in circumferential direction of the housing, (annotated in Figure 1 the width/circumferential direction)
and has one end that is in communication with a tail end of the bar-shaped hole; a curling iron (201), which is arranged inside the housing,
and has one end that is connected to the drive motor and the other end on which one hair-clipping opening (2011) is opened, wherein the hair- clipping opening extends in the lengthwise direction of the curling iron;
and a heating passage (202), which is arranged on the handle and threaded into the housing for heating hair.
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Regarding claim 2, Chen discloses an automatic hair curler according to claim 1, wherein one bump is arranged on one of side hole walls at a middle portion of the bar-shaped hole (1011), and extends toward the other side hole wall gradually and obliquely, and one recess is opened on the other side hole wall of the bar-shaped hole, and arranged opposite to the bump (as labeled in Figure 1 above).
Regarding claim 5, Chen discloses an automatic hair curler according to claim 1, wherein there are two heating passages (202 elements), which are respectively arranged on both sides of the curling iron (201), and have opposite inner walls that are both arc-shaped structures (202 elements attached to the arc shaped walls).
Regarding claim 6, Chen discloses an automatic hair curler according to claim 2, wherein one guide member (20111) is arranged inside the hair-clipping opening, and is a triangular structure (20111 forms a triangular inner part) for guiding hair to obliquely run through the hair-clipping opening.
Regarding claim 8, Chen discloses an automatic hair curler according to claim 5, wherein one expansion opening (at opening 2011), is arranged at the other end of the housing, and used for guiding hair to be threaded into the hair-clipping opening on the curling iron.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Xiao et al (CN203986591) herein after Xiao.
Regarding claim 3, Chen teaches a hair curler according to claim 2, with a first via hole (as in Figure 1) at the end of the bar shaped hole (113). However, does not teach a second via hole in the opposite direction of the first via hole. Xiao teaches a second via hole (shown in Figure 4) is arranged on the other side of the bar-shaped hole on the outer wall of the housing, extends in the circumferential direction of the housing, is arranged opposite to the first via hole, and has one end that is connected to the tail end of the bar-shaped hole.
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The hair curler of Chen can be improved by adding a second via hole taught by Xiao at the end of the bar shaped hole (113). 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 more surface for hair insertion without tangling.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Xiao et al (CN203986591) herein after Xiao as in claim 3, and further in view of Lai et al (CN211459137U) herein after Lai.
Regarding claim 4, Chen teaches an automatic hair curler according to claim 3 where the housing and the handle is in contact, however does not explicitly teach that the connecting end contains arc shaped slots and blocks.
Lai teaches that the handle comprises a holding end and a connecting end, and the connecting end is provided with two arc-shaped clamping slots (figure 1, clamping arcs present on element 14), which are arranged in a staggered manner and extend in the circumferential direction of the handle; two clamping blocks (seen in Figure 1) are arranged on an inner wall of the housing, and are respectively suitable for being clamped into the two arc-shaped clamping slots to mount the housing on the handle.
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The hair curler of Chen can be improved by adding a connection mechanism between housing and the handle which contains arc shaped blocks and slots (Figure 1) as taught by Lai. 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 stronger connection between the housing and the handle.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Floessholzer et al (US20150335121A1) herein after Floessholzer.
Regarding claim 7, Chen teaches an automatic hair curler according to claim 1, however does not teach anti slip parts in the outer handle.
Floessholzer teaches multiple anti-slip stripes (Figure 2c) are arranged on the outer wall of the housing, and evenly distributed in the circumferential direction of the housing.
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The hair curler of Chen can be improved by adding anti slip gripping parts on the outer handle as taught by Floessholzer. 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 anti-slip gripping experience.
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 8.00 am - 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