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 .
Specification
The disclosure is objected to because of the following informalities: On page 20, line 1 should be amended as follows: “In the example illustrated in Figure 5b, the thermal bottleneck 40 is located between the”.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such claim limitation(s) is/are:
“heating means” in claims 1-2, and 4-6.
“means for generating an indication to the user” in claim 12.
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.
Based on a review of the instant specification, the corresponding structure of the heating means appears to be a heater (refer to Page 3 of the instant specification), and the corresponding structure of the means for generating an indication to the user appears to be a user interface (refer to Page 12 of the instant specification) or a light, display, sound generator, or haptic feedback generator (see page 10 of the instant specification).
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.
Claim 27 is 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 27 recites the limitation "the sensing portion" in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of substantive examination, the sensing portion is interpreted as being the same as the styling portion.
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8-11, 26-27, and 33 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Everett, JR. et al. (US2024/0374005).
Regarding claim 1, Everett discloses an apparatus (100, 700, 800, 900, Figures 1-34) for styling hair (see at least the Abstract), the apparatus comprising:
a handle portion (106, 902) for holding the apparatus (“for a user to grasp”, refer to Paragraph [0049]);
a styling portion (not labeled but referring to Figure 5, the styling portion is the portion of the apparatus disposed at a left side of the handle portion for each arm, 102,104; OR 904, Figure 25) for styling the hair (“each of the first and second arms 102, 104 includes a heating assembly 108”, refer to Paragraph [0050] and “The straightener 100 is configured to deliver heat to the hair and style (e.g., straighten or curl) the hair during a hair styling operation”, refer to Paragraph [0051]; OR “hair curler”, refer to Paragraph [0126]);
heating means (“heating element”, 114; OR 110; OR 924, Figure 26) for heating hair (“to deliver heat to the hair”, refer to Paragraph [0051]; “for heating the hair contact surface”, refer to Paragraph [0131]) that is being styled by the styling portion (since the heating means are disposed within the styling portion, as depicted in at least Figures 5, and 25, the heating means heat hair being styled by the styling portion);
at least one sensor (142; OR 932 and/or 914) on a casing (110; OR exterior housing 130, wherein the sensor is mounted on/to the casing via the heating means, as best shown in Figure 11; OR referring to Figure 26, sensor 932 is mounted on an interior of the casing OR referring to Figure 26, sensor 932 + 914 is depicted as being on an exterior/forming a portion of the exterior of the styling portion) of the apparatus for determining a temperature (“the temperature sensor 142 is used for determining an estimated temperature of the hair”, refer to Paragraph [0061]; OR “the second temperature sensor 932…detects a temperature of the hair”, refer to Paragraph [0135]) or a position associated with the hair whilst performing a styling process; and
a controller (302; OR 1002) configured to control the apparatus to take at least one action in relation to an output of the at least one sensor (“the…controller 302 receives…a signal from the sensor 142 indicating the temperature of the hair…Based on the received signals, a hair temperature prediction system 307…determines a predicted temperature profile of the hair…which determines a temperature set point”, refer to Paragraphs [0076-0077]; OR “the controller 1002 includes a curl profile system 1008 that provides a curl profile including a curl time and/or a curl temperature…the controller 1002…receives a signal from the second temperature sensor 932 that indicates the temperature of hair contact surface…The controller 1002 estimates that the hair temperature is equal to the temperature of the hair contact surface”, refer to Paragraph [0142] and the controller is configured such that “The temperature set point and operation of the temperature regulation module 1012 may be adjusted for each styling operation until a measured curl profile approaches or matches a desired curl profile”, refer to Paragraph [0145]).
Regarding claim 2, Everett discloses the apparatus according to claim 1, wherein the at least one action comprises one or more actions selected from the group consisting of: adjusting a power supplied to the heating means (“The AI system 308 provides the determined temperature set point to a temperature regulation module 310. The temperature regulation module 310 regulates the heating assemblies 108 of the first and second arms 102, 104 based on the determined temperature set point received from the AI system 308”, refer to Paragraph [0078]; AND/OR “controller 302 controls the temperature of the heating elements 114 by regulating electrical current to the heating elements”, refer to Paragraph [0075]); determining a type of styling process; determining an amount of hair to be heated; determining the a type of hair being heated; determining an angle or a curvature at which the hair is removed from the casing whilst performing the styling process; determining whether a specific style has been achieved by the styling process; predicting user satisfaction with the styling process; storing the output from the at least one sensor for subsequent processing; storing the output to adjust future performance; storing the output to calculate competence of the user; sending the output from the at least one sensor to a remote device; and/or outputting feedback relating to the styling process to a user of the apparatus.
Regarding claim 3, Everett discloses the apparatus according to claim 1, wherein the controller is configured to control the styling process (refer to Paragraph [0139]), based on an output of the at least one sensor (refer to Paragraph [0140]), to attain a curl compression level of the hair within a threshold range of a target curl compression level (“For example, the hair curler 900 is configured to adjust a temperature set point of the heating assembly 922 based on a comparison of a measured curl profile and a desired curl profile to provide a desired curl temperature and/or a desired curl time for a styling operation.”, refer to Paragraph [0133]).
Regarding claim 4, Everett discloses the apparatus according to claim 1, wherein the at least one sensor is located on an edge of a surface heated by the heating means (refer to cropped and annotated Figure 11, provided below).
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Regarding claim 5, Everett discloses the apparatus according to claim 1, wherein the heating means are mounted within the styling portion and wherein the at least one sensor is arranged on the styling portion (refer to Figure 25 wherein heating means, 924 are disposed on an interior of the styling portion and the at least one sensor, 932 and/or 932 + 914, is on the styling portion; additionally refer to Figure 26).
Regarding claim 8, Everett discloses the apparatus according to claim 1, wherein the at least one sensor comprises a continuous sensor arranged along a width or length of the handle portion and/or the styling portion (refer at least to Figure 8, wherein the sensor is depicted as being a continuous sensor and is arranged along a length of the styling portion) or comprises a plurality of sensors arrayed over the styling portion and/or over the handle portion.
Regarding claim 9, Everett discloses the apparatus according to claim 1, wherein the at least one sensor comprises at least one of a thermistor, a negative temperature coefficient (NTC) sensor (“NTC sensors, such as sensors…142”, refer to Paragraph [0085]), a thermocouple, a resistive track or wire, an infrared radiation sensor, a pressure sensor, a force sensor, a proximity sensor, an optical sensor, a light sensor, a humidity sensor, an integrated ohmmeter, an accelerometer, a gyroscope, a magnetometer, and an anemometer.
Regarding claim 10, Everett discloses the apparatus according to claim 1, wherein:
the apparatus comprises a memory (150, 940) that is configured to store a plurality of operating parameters (“for storing instructions to be executed by the processor”, refer to Paragraph [0064] and/or “One or more of the temperature set points may be stored in the memory”, refer to Paragraph [0078]) of the apparatus for controlling the styling process; and
the apparatus is configured to identify, based on an output of the sensor (“The AI system 308 provides the determined temperature set point to a temperature regulation module 310. The temperature regulation module 310 regulates the heating assemblies…based on the determined temperature set point”, refer to Paragraph [0078]; additionally refer to claim 14), an operating parameter to use from the stored plurality of operating parameters (“retrieved by the temperature regulation module”; additionally refer to Paragraph [0092]; additionally refer to claim 14).
Regarding claim 11, Everett discloses the apparatus according to claim 10, wherein the operating parameters include at least one of an operating temperature (“temperature set points”, refer to Paragraph [0078]; additionally refer to claim 14) or power, or a heat output.
Regarding claim 26, Everett discloses the apparatus according to claim 1, wherein the apparatus is a hair straightener (“illustrated in the form of a hair straightener”, refer to Paragraph [0048]), a hair curler, a hair dryer, a hot paddle brush, a hot round brush, a heater roller, or a combination thereof.
Regarding claim 27, Everett discloses the apparatus according to claim 1, wherein the at least one sensor is a point sensor or a continuous sensor (refer at least to Figure 8, wherein the sensor is depicted as being continuous) that extends along a length of the styling portion (refer to Figure 8).
Regarding claim 33, Everett discloses a method of styling hair characterized by comprising using the apparatus of according to claim 1 (refer to Figure 14 and Paragraph [0082]).
Claims 1, 6-7, and 12-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Okawa et al. (US2024/0157588A1).
Regarding claim 1, Okawa discloses an apparatus (210, Figures 7-9) for styling hair (see Figure 8, wherein a user’s hair is being styled by the apparatus), the apparatus comprising:
a handle portion (220) for holding the apparatus (see at least Figure 8, wherein a user is grasping the apparatus at 220);
a styling portion (230) for styling the hair (see at least Figure 8 wherein a user’s hair is disposed within the styling portion for styling the user’s hair);
heating means (233) for heating hair (“it is possible to adjust the entire form of the hair with the heater”, refer to Paragraph [0101]) that is being styled by the styling portion (refer to Figure 7 wherein the heater is depicted as being disposed within the styling portion);
at least one sensor (261, Figure 7) on a casing (241; refer to Figure 7 wherein the sensor is depicted as being mounted on an interior of the casing) of the apparatus for determining a temperature or a position (“the inclination sensor 261 detects rotation of the first casing 241 about the first reference axis X as a change in the attitude of the first casing 241. Specifically, the inclination sensor 261 detects a rotation of the first casing 241 about the first reference axis X when both the second positive direction Y1 and the third positive direction Z1 change”, refer to Paragraph [0106]) associated with the hair whilst performing a styling process; and
a controller (270) configured to control the apparatus to take at least one action in relation to an output of the at least one sensor (“The hair styling iron 210 includes a control device 270. The control device 270 includes a CPU and a ROM, and executes software processing. The control device 270 acquires a signal indicating whether the first casing 241 has rotated. Then, the control device 270 controls the operation of each vibrating body.”, refer to Paragraph [0107]).
Regarding claim 6, Okawa discloses the apparatus according to claim 1 , wherein the heating means are mounted within the styling portion (see Figure 7), wherein the at least one sensor is arranged on the handle portion of the apparatus (see Figure 7) and wherein the at least one action includes determining a grip or an orientation (“the inclination sensor 261 detects rotation of the first casing 241 about the first reference axis X as a change in the attitude of the first casing 241. Specifically, the inclination sensor 261 detects a rotation of the first casing 241 about the first reference axis X when both the second positive direction Y1 and the third positive direction Z1 change”, refer to Paragraph [0106]) of the apparatus.
Regarding claim 7, Okawa discloses an apparatus (210, Figures 7-9) for styling hair (see Figure 8, wherein a user’s hair is being styled by the apparatus), the apparatus comprising:
a handle portion (220) for holding the apparatus (see at least Figure 8, wherein a user is grasping the apparatus at 220);
a styling portion (230) for styling the hair (see at least Figure 8 wherein a user’s hair is disposed within the styling portion for styling the user’s hair);
at least one sensor (261, Figure 7) mounted on the handle portion (refer to Figure 7 wherein sensor 261 is mounted on an interior of the handle portion) for determining information on how a user is holding the apparatus during a hair styling operation (“the inclination sensor 261 detects rotation of the first casing 241 about the first reference axis X as a change in the attitude of the first casing 241. Specifically, the inclination sensor 261 detects a rotation of the first casing 241 about the first reference axis X when both the second positive direction Y1 and the third positive direction Z1 change”, refer to Paragraph [0106]); and
a controller (270) configured to control the apparatus to take at least one action based on the determined information (“The hair styling iron 210 includes a control device 270. The control device 270 includes a CPU and a ROM, and executes software processing. The control device 270 acquires a signal indicating whether the first casing 241 has rotated. Then, the control device 270 controls the operation of each vibrating body.”, refer to Paragraph [0107]).
Regarding claim 12, Okawa discloses the apparatus according to claim 1, wherein the apparatus further comprises means for generating an indication (“vibration body” 251, 252) to the user, based on the output of the at least one sensor (refer to Paragraphs [0110-0111] which state that if a rotation of the hair iron is detected by the inclination sensor, then a vibrating sense of force is imparted to the hair iron to guide a user’s wrist to place the hair iron in a non-rotated position]), whether a desired hair styling result has been achieved (the desired hair styling result is straight hair, without curl/rotating the device and is achieved when the hair straightener is not rotated, where rotating a hair straightener has a tendency to impart a wave/curl to the hair; the means for indication is a vibration that prevents significant rotation of the apparatus, thereby achieving a desired hair styling result/straight hair; “rotating curbing control”, refer to Paragraph [0052]).
Regarding claim 13, Okawa discloses the apparatus according to claim 12, wherein the indication comprises at least one of a visual indication, an audible indication, and a haptic indication (“sense of force…from the…vibrating body”, refer to Paragraph [0109]).
Claims 1 and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Duan (US2019/0328100).
Regarding claim 1, Duan discloses an apparatus (20, Figures 1-31) for styling hair, the apparatus comprising:
a handle portion (21) for holding the apparatus;
a styling portion (10) for styling the hair;
heating means (13) for heating hair that is being styled by the styling portion;
at least one sensor (“pressure sensor”, refer to Paragraph [0099]) on a casing (21 + 215; additionally refer to Paragraph [0098] which states that the apparatus may have a switch on the housing/casing and Paragraph [0099] states that the switch may be a pressure sensor) of the apparatus for determining a temperature or a position (refer to Paragraph [0099] which describes a pressure sensor that detects how much pressure a user applies to the apparatus, this pressure being transmitted to a controller that opens or closes a clamping member of the device, this clamping member being configured to clamp a user’s hair and is therefore associated with the hair) associated with the hair whilst performing a styling process; and
a controller (“controller”, not shown but described in paragraph [0098]) configured to control the apparatus to take at least one action in relation to an output of the at least one sensor (“When a pressure value transmitted by the pressure sensor is larger than the threshold set in the controller, the controller controls the driving member to drive the clamping device to be closed”, refer to Paragraph [0099]).
Regarding claim 15, Duan discloses the apparatus according to claim 1, wherein the casing is deformable (“the two lugs 215 are elastically connected to the housing”, refer to Paragraph [0106]) and wherein the sensor is a force sensor that is configured to sense deformation of the casing (“pressure sensor”, refer to Paragraph [0099]; additionally refer to Paragraph [0106] which discloses that lugs 215 are the areas that a user’s finger and thumb are to be placed and that these lugs correspond to the clamping members).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Okawa in view of Fuerst et al. (US2019/0299434).
Regarding claim 14, Okawa discloses the apparatus according to claim 1, as applied above. Okawa does not disclose wherein the sensor is mounted on a circuit board inside the casing.
Fuerst discloses a hair treating device (1, Figures 1-7) comprising a sensor (“accelerometer”, refer to Paragraph [0068]) and a PCB/circuit board (not labeled, but referred to in Paragraph [0068]), wherein the sensor may be mounted on the circuit board (“Mounted on the PCB may be an accelerometer”, refer to Paragraph [0068]) in order to provide compact packaging for the electronic components. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Okawa’s apparatus such that the sensor is mounted on a circuit board inside the casing, as taught by Fuerst, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of providing a compact configuration and/or interchangeable electronic component.
Conclusion
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/SARAH WOODHOUSE/Examiner, Art Unit 3772
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