`
`Docket No.: 083710-3045
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`Introduction
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`REMARKS
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`Claims 1, 2, 6-8, 17, 19 and 20 are pending, of which claim 1 is independent.
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`Claims 1, 8 and 19 have been amendedto correct informalities in the claim language and
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`to more clearly define the claimed subject matter. Claims 3-5, 9-16 and 18 have been cancelled
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`without prejudice. Claim 20 has been added. The specification has been amended. No new
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`matter has been added.
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`Entry of various comments regarding the claims and/orthe art, in the Office Action,
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`should not be construed as any acquiescence or agreement by Applicants with the stated
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`reasoning, regardless of whether or not these remarks specifically address any particular
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`commentfrom the Office Action.
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`Reconsideration of this application for allowanceofall pending claims is hereby
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`respectfully requested in view of the claim amendmentand the following remarks.
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`Objection
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`The specification and claim 1 were objected to. Applicant submits that the amendments
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`madeto the specification and claim 1 overcome the objections.
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`Patentability under 35 U.S.C. § 102/103
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`Claims 1-3 were rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Kobayashi
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`(JP 2004-208770). Claims 4 and 8 were rejected under 35 U.S.C. § 103 as being unpatentable
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`over Kobayashiin view of Jung (US 2009/0260650). Claims 5, 6, 7, 10, 11, 13 and 17 were
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`rejected under 35 U.S.C. § 103 as being unpatentable over Kobayashi in view of Yu (US
`
`
`
`Application No. 17/001,041
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`Docket No.: 083710-3045
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`2016/0120283). Claims 9, 12, 14, 16 and 19 were rejected under 35 U.S.C. § 103 as being
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`unpatentable over Kobayashi in view of Yu and further in view of Jung. Without conceding any
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`correctness of the rejections, Applicant traverses the rejections for at least the following reasons.
`
`At a minimum,noneof the cited references disclose or suggest that the first hair holding
`
`surface includes a groove extending along a longitudinal direction of the first hair holding
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`surface, the first hair holding surface is configured to pivot onafirst pivot axis, and the groove
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`serves as the first pivot axis, as recited by claim 1. In the rejection of original claim 5, the Office
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`Action asserted that in Yu, since the first hair holding surface 16 (a heating plate) is supported by
`
`a float parts 20 (spring), the first hair holding surface 16 can pivot aboutafirst axis located on
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`the surface of the hair holding surface 16.
`
`N
`
`
`
`aA
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`However, if a side of the plate 16 is pressed down,the spring 20 is also pressed.
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`Thus, the center of the upper surface of the plate 16 cannot be a pivot axis, because the center
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`also moves down. Accordingly, Yu does not disclose the aforementioned features of claim 1.
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`Assuch, claim 1 and all claims dependent thereon are patentable over the cited
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`references.
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`
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`Application No. 17/001,041
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`Docket No.: 083710-3045
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`CONCLUSION
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`Having fully respondedto all matters raised in the Office Action, Applicant submits that
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`all claims are in condition for allowance, an indication for whichis respectfully solicited. If
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`there are any outstanding issues that might be resolved by an interview or an Examiner’s
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`amendment, the Examineris requested to call Applicant’s attorney at the telephone number
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`shownbelow.
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`To the extent necessary, a petition for an extension of time under 37 C.F.R. § 1.136 is
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`hereby made. Please charge any shortage in fees due in connection with the filing of this paper,
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`including extension of time fees, to Deposit Account 500417 and please credit any excess fees to
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`such deposit account.
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`Respectfully submitted,
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`MCDERMOTTWILL & EMERY LLP
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`/Takashi Saito/
`
`
`Takashi Saito
`Registration No. 69,536
`
`Please recognize our Customer No. 53080 as
`our correspondence address.
`
`The McDermott Building
`500 North Capitol Street, NW
`Washington, DC 20001-1531
`Phone: (202) 756-8244 TS:
`Facsimile: (202) 756-8087
`Date: July 19, 2023
`
`
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