www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/001,041
`
`08/24/2020
`
`Satoshi MURAKAMI
`
`083710-3045
`
`7054
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`KIM, ZACHARY ALEXANDER
`
`3772
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/16/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-19 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-19 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[VM. Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)¥} Some**
`a)C All
`1.{¥] Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230508
`
`Application No.
`Applicant(s)
`17/001,044
`MURAKAMI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ZACHARYA KIM
`3772
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 08/28/2019.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AIA.
`
`Priority
`
`Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-
`
`(d) prior to declaration of an interference, a certified English translation of the foreign
`
`application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
`
`Failure to provide a certified translation mayresult in no benefit being accorded for the
`
`non-English application.
`
`Specification
`
`The disclosure is objected to because of the following informalities: on page 1 reference
`
`is made to “PTL 1”and should be replaced with the correct patent number “JP2018-102540”.
`
`Appropriate correction is required.
`
`Claim Objections
`
`Claim 1 objected to because of the following informalities: “hair irons” should read “hair
`
`iron”. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 3
`
`(b) CONCLUSION.—Thespecification shall conclude with one or more claimsparticularly 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-ATA), second paragraph:
`The specification shall conclude with one or more claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`Claims4, 8, 9, 12, 14, 16, & 19 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-AJA 35 U.S.C. 112, the applicant), regards as the invention.
`
`The term “substantially” in claims 4, 9, 12, & 14 is a relative term which renders the
`
`claim indefinite. The term “substantially” is not defined by the claim, the specification does not
`
`provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would
`
`not be reasonably apprised of the scope of the invention. It is unclear how coaxial the alignment
`
`is between the groove and liquid intake port. For examination purposes, the examiner has
`
`interpreted the phrase “substantially coaxial” to mean “coaxial”.
`
`Dependentclaims 8, 14, 16, & 19 are rejected under 35 U.S.C. 112(b) as they contain all
`
`the deficiencies of claim 4, 9, 12, & 14 from which they depend.
`
`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 (1.e., changing from AIAto pre-AIA)for the rejection will not be considered a
`
`new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection,
`
`would be the same undereither status.
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 4
`
`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 madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, 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 wasdescribed in a patent issued undersection 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 waseffectively filed before the effective filing date of the
`claimed invention.
`
`Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi
`
`(JP2004208770 — all references to Kobayashi will be to the attached English translation).
`
`Regarding claim 1, Kobayashi teachesa hair iron (1) comprising:
`
`a first hair holding part (29) includinga first hair holding surface (4);
`
`a second hair holding part (39) including a second hair holding surface (5) configured to
`
`face the first hair holding surface, the first hair holding surface and the second hair holding
`
`surface facing each other to hold hair (Figure 1; lines 53-55);
`
`a discharge device (7) that generates ions (Figure 1; lines 55-58) and
`
`an ion ejection port (70) that ejects the ions generated by the discharge device (Figure 1;
`
`lines 89-94),
`
`wherein the discharge device (7) is disposed at a portion of the first hair holding part that
`
`does not overlap the first hair holding surface (Figure 1; lines 89-94).
`
`Regarding claim 2, Kobayashi teachesthe hair iron of claim 1, and further teaches
`
`wherein the ion ejection port (70) is disposed in the first hair holding part (29), the ion ejection
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 5
`
`port being exposedto a space provided betweenthe first hair holding surface (4) and the second
`
`hair holding surface (5) (Figure 1; lines 89-94, 116-119).
`
`Regarding claim 3, Kobayashi teachesthe hair iron of claim 1, and further teaches
`
`wherein the first hair holding surface (4) includes a groove (41) extending along a longitudinal
`
`direction of the first hair holding surface (Figure 1; lines 78-79, 116-119).
`
`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 (1.e., changing from AIAto pre-AIA)for the rejection will not be considered a
`
`new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection,
`
`would be the same undereither status.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patentfor a claimed invention may notbe obtained, notwithstanding that the claimed inventionis 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 obviousbefore 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 mannerin which the invention was made.
`
`The factual inquiries for establishing a background for determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the priorart.
`
`2. Ascertaining the differences between the prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinentart.
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 6
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was commonly
`
`owned asofthe effective filing date of the claimed invention(s) absent any evidenceto the
`
`contrary. Applicantis advised of the obligation under 37 CFR 1.56 to point out the inventor and
`
`effective filing dates of each claim that was not commonly ownedasofthe effective filing date
`
`of the later invention in order for the examinerto consider the applicability of 35 U.S.C.
`
`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
`
`Claim(s) 4,8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashiin
`
`view of Jung (US20090260650).
`
`Jung Figure 3 (annotated)
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 7
`
`Regarding claim 4, Kobayashi teachesthe hair iron of claim 3, but fails to teach a liquid
`
`intake port connected to the discharge device, wherein the groove andthe liquid intake port are
`
`arranged substantially coaxially with each other.
`
`Jung teachesa hair iron. Jung specifically discloses a liquid intake port (22) connected to
`
`the discharge device (24), wherein the groove and the liquid intake port (22) are arranged
`
`substantially coaxially with each other (Jung Figure 3 annotated; paragraph [0032]). Jung further
`
`discloses that the liquid intake ports suck up vapor from wethair and prevent the vapor from
`
`inhibiting the view of the user (Jung paragraph [0032] & [0053]).
`
`Kobayashi and Jung are both considered analogous to the claimed invention because they
`
`are in the samefield of hair irons. It would have been obvious to someoneofordinary skill in the
`
`art before the effective filing date of the claimed invention to modify Kobayashi in view of Jung
`
`to include liquid intake ports within its groove as taught by Jung, as the result of such a
`
`modification would bea hair iron that absorbs vapor to preventit from inhibiting a user’s view.
`
`Theliquid intake port and discharge device of Jung are connected to each other via an
`
`arm (10-1) Jung Figure 3 annotated). The combination of Kobayashi and Jung would lead to
`
`liquid intake ports located in the groove connected to the discharge device of Kobayashi via an
`
`arm (29) (Kobayashi Figure 1). The resultant device would have the liquid intake ports and
`
`groovebe coaxially aligned (similar to that of Jung) since they both exist on the samestraight
`
`longitudinal direction provided by the groove.
`
`Regarding claim 8, Kobayashi in view of Jung teachesthe hair iron of claim 4, and
`
`further teaches wherein the ion ejection port (70) is disposed in the first hair holding part (29),
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 8
`
`the ion ejection port being exposed to a space provided betweenthefirst hair holding surface (4)
`
`and the second hair holding surface (5) (Kobayashi Figure 1; lines 89-94, 116-119).
`
`Claim(s) 5, 6, 7, 10, 11, 13, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Kobayashi in view of Yu (US20160120283).
`
`Regarding claim 5, Kobayashi teachesthe hair iron of claim 3, but remainssilent on
`
`wherein the first hair holding surface is configured to pivot onafirst pivot axis, and the groove
`
`serves as the first pivot axis. Kobayashiteachesits groove to be in the center of the device
`
`(Kobayashi Figure 1).
`
`Yu teachesa hair iron with two armsandflat hair holding surfaces. Yu specifically
`
`discloses float parts (20) that allows the first hair holding surface (16) to float and movein the
`
`vertical direction (Yu Figure 1; paragraph [0038]). The presence of the float parts would also
`
`allow thefirst hair holding surface to pivot about a first pivot axis located on the surface of the
`
`hair holding surface (Yu Figure 2b annotated). The location and deformation of the float parts
`
`will allow the holding surface to pivot downward depending onthe location of applied force.
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 9
`
`Kobayashi and Yuare both considered analogous to the claimed invention because they
`
`are in the samefield of hair irons. It would have been obvious to someoneofordinary skill in the
`
`art before the effective filing date of the claimed invention to modify Kobayashi in view of Yu to
`
`include float parts as taught by Yu, as the result of such modification would bea first hair
`
`holding surface that is able to pivot about an axis, with that axis being the groove.
`
`The groove andfloat parts are both in the center of the device. Whenthe float parts are
`
`deformed the holding plates will pivot about the groove since the location of the float parts post
`
`combination will be below the groove.
`
`Regarding claims 6 & 7, Kobayashi teachesthe hair iron of claim 1, but fails to teach
`
`wherein the first/second hair holding part includesa float part that causes the first/second hair
`
`holding surface to swing in a direction of a normalto the first/second hair holding surface.
`
`Yu teachesa hair iron with two armsandflat hair holding surfaces. Yu specifically
`
`discloses wherein the first/second hair holding part (1) includesa float part (20) that causes the
`
`first/second hair holding surface (16) to swing in a direction of a normalto the first/second hair
`
`holding surface (Yu paragraph [0038]). Yu specifically discloses the float parts allow the hair
`
`holding parts to tightly clamp upon the hair (Yu paragraph [0038)).
`
`Kobayashi and Yuare both considered analogous to the claimed invention because they
`
`are in the samefield of hair irons. It would have been obvious to someoneofordinary skill in the
`
`art before the effective filing date of the claimed invention to modify Kobayashi in view of Yu to
`
`include float parts as taught by Yu, as the result of such modification would bea first/second hair
`
`holding surface that is able to swing in a direction normal to itself and provide a tighter clamp
`
`upontreated hair.
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 10
`
`Regarding claim 10, Kobayashi in view of Yu teachesthe hair iron of claim 6, and further
`
`teaches wherein the first hair holding surface (4) includes a groove (41) extending along a
`
`longitudinal direction of the first hair holding surface (Kobayashi Figure 1; lines 78-79, 116-
`
`119).
`
`Regarding claim 11, Kobayashi in view of Yu teachesthe hair iron of claim 10.
`
`Kobayashiby itself remains silent on wherein the first hair holding surface is configured to pivot
`
`onafirst pivot axis, and the groove servesas the first pivot axis. Kobayashi teachesits groove to
`
`be in the center of the device (Kobayashi Figure 1).
`
`Yu teachesa hair iron with two armsandflat hair holding surfaces. Yu specifically
`
`discloses float parts (20) that allowsthe first hair holding surface (16) to float and movein the
`
`vertical direction (Yu Figure 1; paragraph [0038]). The presenceof the float parts would also
`
`allow thefirst hair holding surface to pivot about a first pivot axis located on the surface of the
`
`hair holding surface (Yu Figure 2b annotated). The location and deformation of the float parts
`
`will allow the holding surface to pivot downward depending onthe location of applied force.
`
`Kobayashi and Yuare both considered analogous to the claimed invention because they
`
`are in the samefield of hair irons. It would have been obvious to someoneof ordinary skill in the
`
`art before the effective filing date of the claimed invention to modify Kobayashi in view of Yu to
`
`include float parts as taught by Yu, as the result of such modification would bea first hair
`
`holding surface that is able to pivot about an axis, with that axis being the groove.
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 11
`
`The groove andfloat parts are both in the center of the device. Whenthe float parts are
`
`deformed the holding plates will pivot about the groove since the location of the float parts post
`
`combination will be below the groove.
`
`Regarding claim 13, Kobayashi in view of Yu teachesthe hair iron of claim 7, and further
`
`teaches wherein the first hair holding surface (4) includes a groove (41) extending along a
`
`longitudinal direction of the first hair holding surface (Kobayashi Figure 1; lines 78-79, 116-
`
`119).
`
`Regarding claim 15, Kobayashi in view of Yu teachesthe hair iron of claim 7. Kobayashi
`
`by itself remains silent on wherein the first hair holding surface is configured to pivot onafirst
`
`pivot axis, and the grooveservesasthe first pivot axis. Kobayashi teaches its grooveto be in the
`
`center of the device (Kobayashi Figure 1).
`
`Yu teachesa hair iron with two armsandflat hair holding surfaces. Yu specifically
`
`discloses float parts (20) that allowsthe first hair holding surface (16) to float and movein the
`
`vertical direction (Yu Figure 1; paragraph [0038]). The presenceof the float parts would also
`
`allow thefirst hair holding surface to pivot about a first pivot axis located on the surface of the
`
`hair holding surface (Yu Figure 2b annotated). The location and deformation of the float parts
`
`will allow the holding surface to pivot downward depending onthe location of applied force.
`
`Kobayashi and Yuare both considered analogous to the claimed invention because they
`
`are in the samefield of hair irons. It would have been obvious to someoneofordinary skill in the
`
`art before the effective filing date of the claimed invention to modify Kobayashi in view of Yu to
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 12
`
`include float parts as taught by Yu, as the result of such modification would bea first hair
`
`holding surface that is able to pivot about an axis, with that axis being the groove.
`
`The groove andfloat parts are both in the center of the device. When the float parts are
`
`deformed the holding plates will pivot about the groove since the location of the float parts post
`
`combination will be below the groove.
`
`Regarding claims 17, Kobayashiteachesthe hair iron of claim 7, but fails to teach
`
`wherein the first hair holding part includesa float part that causes the first hair holding surface to
`
`swing in a direction of a normalto the first hair holding surface.
`
`Yu teachesa hair iron with two armsandflat hair holding surfaces. Yu specifically
`
`discloses wherein the first hair holding part (1) includesa float part (20) that causes the
`
`first/second hair holding surface (16) to swing in a direction of a normalto thefirst hair holding
`
`surface (Yu paragraph [0038]). Yu specifically discloses the float parts allow the hair holding
`
`parts to tightly clamp uponthe hair and that both hair holding parts can have the float movement
`
`structure (Yu paragraph [0008] [0038]).
`
`Kobayashi and Yuare both considered analogous to the claimed invention because they
`
`are in the samefield of hair irons. It would have been obvious to someoneofordinary skill in the
`
`art before the effective filing date of the claimed invention to modify Kobayashi in view of Yu to
`
`include float parts as taught by Yu, as the result of such modification would bea first hair
`
`holding surface that is able to swing in a direction normalto itself and provide a tighter clamp
`
`upontreated hair.
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 13
`
`Regarding claims 18, Kobayashi teachesthe hair iron of claim 15, but fails to teach
`
`wherein the first hair holding part includesa float part that causes the first hair holding surface to
`
`swing in a direction of a normalto the first hair holding surface.
`
`Yu teachesa hair iron with two armsandflat hair holding surfaces. Yu specifically
`
`discloses wherein the first/second hair holding part (1) includesa float part (20) that causes the
`
`first hair holding surface (16) to swing in a direction of a normalto the first hair holding surface
`
`(Yu paragraph [0038]). Yu specifically discloses the float parts allow the hair holding parts to
`
`tightly clamp uponthe hair and that both hair holding parts can have the float movement
`
`structure (Yu paragraph [0008] [0038]).
`
`Kobayashi and Yuare both considered analogous to the claimed invention because they
`
`are in the samefield of hair irons. It would have been obvious to someoneofordinary skill in the
`
`art before the effective filing date of the claimed invention to modify Kobayashi in view of Yu to
`
`include float parts as taught by Yu, as the result of such modification would bea first hair
`
`holding surface that is able to swing in a direction normalto itself and more tightly clamp upon
`
`treated hair.
`
`Claim(s) 9, 12, 14, 16, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kobayashiin view of Yu and further in view of Jung.
`
`Regarding claim 9, Kobayashi in view of Yu teachesthe hair iron of claim 5, butfails to
`
`teach a liquid intake port connected to the discharge device, wherein the groove and the liquid
`
`intake port are arranged substantially coaxially with each other.
`
`

`

`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 14
`
`Jung teachesa hair iron. Jung specifically discloses a liquid intake port (22) connected to
`
`the discharge device (24), wherein the groove and the liquid intake port (22) are arranged
`
`substantially coaxially with each other (Jung Figure 3 annotated; paragraph [0032]). Jung further
`
`discloses that the liquid intake ports suck up vapor from wethair and prevent the vapor from
`
`inhibiting the view of the user (Jung paragraph [0032] & [0053]).
`
`Kobayashi, Yu, and Jung are both considered analogous to the claimed invention because
`
`they are in the samefield of hair irons. It would have been obvious to someoneof ordinary skill
`
`in the art before the effective filing date of the claimed invention to modify Kobayashi and Yu in
`
`view of Jung to include liquid intake ports as taught by Jung, as the result of such modification
`
`would bea hair iron that is able to absorb vapor to prevent inhibiting of a user’s view.
`
`Theliquid intake port and discharge device of Jung are connected to each other via an
`
`arm (10-1) Jung Figure 3). The combination of Kobayashi, Yu, and Jung would lead to liquid
`
`intake ports in the groove (coaxially) being connected to the discharge device of Kobayashivia
`
`an arm (29) (Kobayashi Figure 1). The resultant device would have the liquid intake ports and
`
`groovebe coaxially aligned (similar to that of Jung) since they both exist on the same straight
`
`longitudinal direction provided by the groove.
`
`Regarding claim 12, Kobayashi in view of Yu teachesthe hair iron of claim 11, but fails
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`to teach a liquid intake port connected to the discharge device, wherein the groove and the liquid
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`intake port are arranged substantially coaxially with each other.
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`Jung teachesa hair iron. Jung specifically discloses a liquid intake port (22) connected to
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`the discharge device (24), wherein the groove and the liquid intake port (22) are arranged
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`substantially coaxially with each other (Jung Figure 3 annotated; paragraph [0032]). Jung further
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`

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`Application/Control Number: 17/001,041
`Art Unit: 3772
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`Page 15
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`discloses that the liquid intake ports suck up vapor from wet hair and prevent the vapor from
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`inhibiting the view of the user (Jung paragraph [0032] & [0053]).
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`Kobayashi, Yu, and Jung are both considered analogous to the claimed invention because
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`they are in the samefield of hair irons. It would have been obvious to someoneof ordinary skill
`
`in the art before the effective filing date of the claimed invention to modify Kobayashi and Yu in
`
`view of Jung to include liquid intake ports as taught by Jung, as the result of such modification
`
`would be a hair iron that is able to absorb vapor to prevent inhibiting of a user’s view.
`
`Theliquid intake port and discharge device of Jung are connected to each other via an
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`arm (10-1) Jung Figure 3). The combination of Kobayashi, Yu, and Jung would lead to liquid
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`intake ports in the groove being connected to the discharge device of Kobayashi via an arm (29)
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`(Kobayashi Figure 1). The resultant device would have the liquid intake ports and groove be
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`coaxially aligned (similar to that of Jung) since they both exist on the same straight longitudinal
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`direction provided by the groove.
`
`Regarding claim 14, Kobayashi in view of Yu teachesthe hair iron of claim 13, but fails
`
`to teach a liquid intake port connected to the discharge device, wherein the groove andthe liquid
`
`intake port are arranged substantially coaxially with each other.
`
`Jung teachesa hair iron. Jung specifically discloses a liquid intake port (22) connected to
`
`the discharge device (24), wherein the groove and the liquid intake port (22) are arranged
`
`substantially coaxially with each other (Jung Figure 3 annotated; paragraph [0032]). Jung further
`
`discloses that the liquid intake ports suck up vapor from wethair and prevent the vapor from
`
`inhibiting the view of the user (Jung paragraph [0032] & [0053]).
`
`

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`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 16
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`Kobayashi, Yu, and Jung are both considered analogous to the claimed invention because
`
`they are in the samefield of hair irons. It would have been obvious to someoneof ordinary skill
`
`in the art before the effective filing date of the claimed invention to modify Kobayashi and Yu in
`
`view of Jung to include liquid intake ports as taught by Jung, as the result of such modification
`
`would bea hair iron that is able to absorb vapor to prevent inhibiting of a user’s view.
`
`Theliquid intake port and discharge device of Jung are connected to each other via an
`
`arm (10-1) Jung Figure 3). The combination of Kobayashi, Yu, and Jung would leadto liquid
`
`intake ports in the groove being connected to the discharge device of Kobayashi via an arm (29)
`
`(Kobayashi Figure 1). The resultant device would havethe liquid intake ports and groove be
`
`coaxially aligned (similar to that of Jung) since they both exist on the same straight longitudinal
`
`direction provided by the groove.
`
`Regarding claims 16 and 19, Kobayashi in view of Yu andfurther in view of Jung
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`teaches the hair iron of claim 14.
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`Yu further teaches the presence of float parts would allow the first hair holding surface to
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`pivot onafirst pivot axis located on the surface of the hair holding surface (Yu Figure 2b
`
`annotated). The location and deformation of the float parts will allow the holding surface to pivot
`
`downward depending onthe location of applied force.
`
`Yu specifically discloses wherein the first hair holding part (1) includesa float part (20)
`
`that causesthe first/second hair holding surface (16) to swing in a direction of a normalto the
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`first hair holding surface (Yu paragraph [0038]). Yu teaches that both hair holding parts can have
`
`the float movementstructure, and that the float parts allow the hair holding parts to tightly clamp
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`

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`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 17
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`upon the hair and that both hair holding parts can have the float movementstructure (Yu
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`paragraph [0008] [0038]).
`
`Kobayashi, Yu, and Jung are both considered analogous to the claimed invention because
`
`they are in the samefield of hair irons. It would have been obvious to someoneof ordinary skill
`
`in the art before the effective filing date of the claimed invention to modify Kobayashi in view of
`
`Yu to include float parts as taught by Yu, as the result of such a modification would beafirst
`
`hair holding surface that is able to pivot about an axis, with that axis being the groove, and for
`
`the first hair holding surface to swing normalto itself to provide a stronger clamping force on the
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`hair.
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`The groove andfloat parts are both in the center of the device. Whenthe float parts are
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`deformed the holding plates will pivot about the groovesince the location of the float parts post
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`combination will be below the groove.
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`Conclusion
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`The prior art made of record andnotrelied uponis considered pertinent to applicant's
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`disclosure.
`
`e Kim (US20110247647): Kim teaches a hair iron with a discharge device and ion
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`ejection port.
`
`e Leung (US20140166038): Leungteachesa hair iron with a liquid medicinal
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`holding groove anda cartridge that holds hair applicants with a piezo electric
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`transducer.
`
`e Maeng (KR100953446): Maeng teachesa hair iron with springs that allow for
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`deformation of the hair holding parts.
`
`

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`Application/Control Number: 17/001,041
`Art Unit: 3772
`
`Page 18
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`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ZACHARY A KIM whosetelephone numberis (571)270-5405.
`
`The examiner can normally be reached Monday- Friday: 9am to Spm.
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`Examinerinterviewsare available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`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
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`supervisor, Jacqueline Johanas can be reached on (571) 270-5085. The fax phone numberfor the
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`organization wherethis application or proceedingis assigned is 571-273-8300.
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`Information regarding the status of published or unpublished applications may be
`
`obtained