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
`
`m
`
`MW
`MWE-1
`500 North Capitol St, NW
`Washington, DC 20001
`
`mee
`
`WOODHOUSE, SARAH ANN
`
`ART UNIT
`
`3772
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/31/2023
`
`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):
`
`ipdocketmwe @mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-2,6-8,17 and 19-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C) Claim(s)__ is/are allowed.
`Claim(s) 1-2,6-8,17 and 19-20is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj} Claim(s)
`are subjectto restriction and/or election requirement
`* 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20230731
`
`Application No.
`Applicant(s)
`17/001,044
`MURAKAMI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`SARAH WOODHOUSE
`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 07/19/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J 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-AlA 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
`
`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 may result in no benefit being accorded
`
`for the non-English application.
`
`Specification
`
`The disclosure is objected to because of the following informalities:
`
`» Page 6 line 23 recites “reference to FIG. 5’, which contains an apparent
`
`typo. It is suggested to rephrase Page 6, line 23 as “reference to FIG. [[5]]
`
`6”.
`
`» Page 20 lines 23-24 recite “upper housing 230B and lower housing 220B”
`
`then line 26 recites “lower housing 320B”. With respect to Figure 2, the
`
`upper housing is 220B and the lower housing is 320B; thus it is suggested
`
`to amend the aforementioned portion of lines 23-24 as “upper housing
`
`2308 220B and lower housing 2208 320B’.
`
`Appropriate correction is required.
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 3
`
`Claim Objections
`
`Claim 19 is objected to because of the following informalities: claim 19 recites
`
`“The hair iron according to claim 14”; however, claim 14 has been canceled. For
`
`purposes of substantive examination, claim 19 is interpreted as depending from claim 1.
`
`Appropriate correction is required.
`
`Drawings
`
`The drawings are objected to becausein Figure 5, the leader line for reference
`
`numeral 115a(110) which is used to designate the through hole of protrusion 115,
`
`appearsto be pointing toward a through hole in one of the pair of protrusions 114.
`
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in
`
`reply to the Office action to avoid abandonmentof the application. Any amended
`
`replacement drawing sheet should include all of the figures appearing on the immediate
`
`prior version of the sheet, even if only one figure is being amended. The figure or figure
`
`number of an amended drawing should not be labeled as “amended.” If a drawing figure
`
`is to be canceled, the appropriate figure must be removed from the replacement sheet,
`
`and where necessary, the remaining figures must be renumbered and appropriate
`
`changes made tothe brief description of the several views of the drawings for
`
`consistency. Additional replacement sheets may be necessary to show the renumbering
`
`of the remaining figures. Each drawing sheet submitted after the filing date of an
`
`application must be labeled in the top margin as either “Replacement Sheet” or “New
`
`Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner,
`
`the applicant will be notified and informed of any required corrective action in the next
`
`Office action. The objection to the drawings will not be held in abeyance.
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 4
`
`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-AlA) 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.
`
`Claims 1-2, 6-8, 17, and 19 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Kobayashi (JP2004208770) in view of Jung (US2009/0260650) and
`
`Yu (US2016/0120283).
`
`Regarding claim 1, Kobayashi teachesa hair iron (1, Figure 1) comprising:
`
`a first hair holding part (29) including a 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 (refer to Figure 1, wherein the first hair
`
`holding surface faces downward and the second hair holding surface faces upward,
`
`thereby providing the second hair holding surface being 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);
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 5
`
`an ion ejection port (70) that ejects the ions generated by the discharge device
`
`(Figure 1; lines 89-94); and
`
`the discharge device (7) is disposed at a portion ofthe first hair holding part that
`
`does notoverlap the first hair holding surface (Figure 1; lines 89-94), and
`
`the first hair holding surface includes a groove (41, Figure 1) extending along a
`
`longitudinal direction of the first hair holding surface (Figure 1; lines 78-79, 116-119).
`
`Kobayashi does notdisclosealiquid intake port connected to the discharge
`
`device, or wherein: the first hair holding surface is configured to pivot onafirst pivot
`
`axis,
`
`the groove serves asthe first pivot axis, and
`
`the groove and the liquid intake port are arranged coaxially with each other.
`
`Jung teaches a similar hair iron (Figures 2-4) comprising first (20-1 + 22) and
`
`second (20-2) hair holding parts, the first hair holding part comprising a groove (not
`
`labeled, refer to cropped and annotated Jung Figure 2, below). Jung further discloses a
`
`discharge device (24) connected to a liquid intake port (22), the liquid intake port being
`
`arranged coaxially with the groove (refer to Jung Figure 3, below where the liquid intake
`
`port is shownto be disposed within the groove, thereby being aligned coaxially
`
`therewith; paragraph [0032]). Jung further discloses that the liquid intake ports suck up
`
`vapor from wethair and prevents 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 theyare in the same field of hair irons. It would have been
`
`obvious to someone of ordinary skill in the art before the effective filing date of the
`
`claimed invention to modify Kobayashi’s hair iron to comprisea liquid intake port,
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 6
`
`coaxially aligned with the groove, and connected to the discharge device, as taught by
`
`Jung, since such a modification provides the advantage of absorbing vapor from a
`
`user’s hair, thereby preventing the vapor from obstructing a user’s view.
`
`1
`
`Jung Figure 2
`
`Ee De
`
`en
`
`The liquid intake port and discharge device of Jung are connected to each other
`
`via an arm (10-1). 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 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.
`
`The combination of Kobayashi and Jung doesnotdisclose thatthe first hair
`
`holding surface is configured to pivot onafirst pivot axis, and wherein the groove
`
`servesasthe first pivot axis.
`
`The combination of Kobayashi and Jung teaches its groove to bein the center of
`
`the device (Kobayashi Figure 1).
`
`Yu teachesa hair iron with two arms and flat hair holding surfaces. Yu
`
`specifically discloses float parts (20) that allows the first and second hair holding
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 7
`
`surfaces (16) to float and movein the vertical direction (Yu Figure 1; paragraph [0038])
`
`in order to ensure goodsliding results while maintaining a sufficiently tight clamping of
`
`the hair (refer to Paragraph [0005]). The presenceof these float parts would allow the
`
`first hair holding surface to pivot abouta first pivot axis located on the surface of the hair
`
`holding surface (refer to Yu annotated Figure 2b, below). The location and deformation
`
`of the float parts will allow the holding surface to pivot downward depending on the
`
`location of applied force.
`
`Yu annotated Figure 2b
`
`Applied force on edge will
`allow for downward rotation of
`
`the first halr holding surface
`
`Kobayashi, Jung, and Yu are considered analogous to the claimed invention
`
`becausethey are in the same field of hair irons. It would have been obvious to someone
`
`of ordinaryskill in the art before the effective filing date of the claimed invention to
`
`modify the hair iron of the combination of Kobayashi and Jung to include float parts
`
`under the first and second hair holding surfaces, as taught by Yu, as the result of such
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 8
`
`modification would beafirst hair holding surface that is able to pivot about an axis, with
`
`that axis being the groove, and wherein such a modification provides the advantage of
`
`permitting a user to have even more control over the contact pressure on the hair when
`
`the first and second hair holding surfaces are in the closed position.
`
`The groove and float parts are both in the center offirst hair holding surface 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 claim 2, the combination of Kobayashi, Jung, and Yu teaches the
`
`hair iron of claim 1, as applied above. Kobayashi further discloses wherein the ion
`
`ejection port (70) is disposedin the first hair holding part (29), the ion ejection port being
`
`exposed to a space provided between the first hair holding surface (4) and the second
`
`hair holding surface (5) (Figure 1; lines 89-94, 116-119).
`
`Regarding claim 6, the combination of Kobayashi, Jung, and Yu discloses the
`
`hair iron according to claim 1, as applied above. Per the modification addressed in claim
`
`1, the float parts of Yu were incorporated into the hair iron of the combination of
`
`Kobayashi and Jung, wherein Yu’s float part (20) causesthe first hair holding surface to
`
`swing in a direction of a normal(vertical with respect to Yu Figure 2B) to the first hair
`
`holding surface. Thus, the combination teaches all the limitations of claim 6.
`
`Regarding claim 7, the combination of Kobayashi, Jung, and Yu discloses the
`
`hair iron according to claim 1, as applied above. Per the modification addressed in claim
`
`1, the float parts of Yu’s first and second hair holding surfaces wereincorporated into
`
`the hair iron of the combination of Kobayashi and Jung, wherein Yu’s float parts (20)
`
`causes the second hair holding surface to swing in a direction of a normal(vertical with
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 9
`
`respect to Yu Figure 2B)to the first hair holding surface. Thus, the combination teaches
`
`all the limitations of claim 7.
`
`Regarding claim 8, the combination of Kobayashi, Jung, and Yu discloses the
`
`hair iron according to claim 1, as applied above. Kobayashi further discloses wherein
`
`the ion ejection port (70) is disposedin the first hair holding part (29), the ion ejection
`
`port being exposed to a space provided between the first hair holding surface (4) and
`
`the second hair holding surface (5) (Kobayashi Figure 1; lines 89-94, 116-119).
`
`Regarding claims 17 and 19, the combination of Kobayashi, Jung, and Yu
`
`discloses the hair iron according to claim 7, as applied above. Per the modification
`
`addressedin claim 1, the float parts of Yu’s first and second hair holding surfaces were
`
`incorporated into the hair iron of the combination of Kobayashi and Jung, wherein Yu’s
`
`float parts (20) causes the first hair holding surface to swing in a direction of a normal
`
`(vertical with respect to Yu Figure 2B)to the first hair holding surface. Thus, the
`
`combination teaches all the limitations of claims 17 and 19.
`
`Claims 1-2, 6-8, and 19-20 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Kobayashi (JP2004208770) in view of Jung (US2009/0260650) and
`
`Chambon etal. (EP2399481B1).
`
`Regarding claim 1, Kobayashi teachesahair iron (1, Figure 1) comprising:
`
`a first hair holding part (29) includingafirst 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 (refer to Figure 1, wherein the first hair
`
`holding surface faces downward and the second hair holding surface faces upward,
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 10
`
`thereby providing the second hair holding surface being 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);
`
`an ion ejection port (70) that ejects the ions generated by the discharge device
`
`(Figure 1; lines 89-94); and
`
`the discharge device (7) is disposed at a portion ofthe first hair holding part that
`
`does not overlapthe first hair holding surface (Figure 1; lines 89-94), and
`
`the first hair holding surface includes a groove (41, Figure 1) extending along a
`
`longitudinal direction of the first hair holding surface (Figure 1; lines 78-79, 116-119).
`
`Kobayashi does notdisclosealiquid intake port connected to the discharge
`
`device, or wherein: the first hair holding surface is configured to pivot onafirst pivot
`
`axis,
`
`the groove serves asthe first pivot axis, and
`
`the groove and the liquid intake port are arranged coaxially with each other.
`
`Jung teaches a similar hair iron (Figures 2-4) comprising first (20-1 + 22) and
`
`second (20-2) hair holding parts, the first hair holding part comprising a groove (not
`
`labeled, refer to cropped and annotated Jung Figure 2, below). Jung further discloses a
`
`discharge device (24) connected to a liquid intake port (22), the liquid intake port being
`
`arranged coaxially with the groove (refer to Jung Figure 3, below where the liquid intake
`
`port is shown to be disposed within the groove, thereby being aligned coaxially
`
`therewith; paragraph [0032]). Jung further discloses that the liquid intake ports suck up
`
`vapor from wethair and prevents the vapor from inhibiting the view of the user (Jung
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 11
`
`paragraph [0032] & [0053]). Kobayashi and Jung are both considered analogous to the
`
`claimed invention because they are in the same field of hair irons. It would have been
`
`obvious to someone of ordinary skill in the art before the effective filing date of the
`
`claimed invention to modify Kobayashi’s hair iron to comprisea liquid intake port,
`
`coaxially aligned with the groove, and connected to the discharge device, as taught by
`
`Jung, since such a modification provides the advantage of absorbing vapor from a
`
`Jung Figure 2
`
`user’s hair, thereby preventing the vapor from obstructing a user’s view.
`
`Groove
`
`The liquid intake port and discharge device of Jung are connected to each other
`
`via an arm (10-1). The combination of Kobayashi and Jung would leadto 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 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.
`
`The combination of Kobayashi and Jung doesnotdisclose thatthe first hair
`
`holding surface is configured to pivot onafirst pivot axis, and wherein the groove
`
`servesasthe first pivot axis.
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 12
`
`The combination of Kobayashi and Jung teaches its groove to be in the center of
`
`the device (Kobayashi Figure 1).
`
`Chambon disclosesa hair iron (A, Figure 10) comprising first (2) and second (1)
`
`hair holding parts, each of the hair holding parts comprising a hair holding surface (S2,
`
`$1), wherein the first and second hair holding surfaces are configured to pivot, with the
`
`first hair holding surface being configured to pivot (“rocking motion’, refer to Page 7 of
`
`the translation) onafirst pivot axis (the first hair holding surface is mounted onto the
`
`first hair holding part via a ball joint 100, arranged substantially in the middle of the first
`
`hair holding surface, refer to Page 4 of the translation; thus, the first hair holding surface
`
`is configured to pivot about an axis that extends through a middle of the hair holding
`
`surface), such thatthe first hair holding surface engages with the second hair holding
`
`surface to apply tension to the user’s hair for the entire duration of the hair styling
`
`process, while reducing pain to the user’s hands (refer to Page 1 of the translation). The
`
`ball joint comprises a first pivot piece having an arc shape facing the first pivot axis (not
`
`labeled, refer to cropped and annotated ChambonFigure 10, below). It would have
`
`been obvious to one of ordinary skill in the art before the effective filing date to modify
`
`the hair iron of the combination of Kobayashi and Jung suchthatthe first and second
`
`hair holding surfaces are configured to pivot, with the first hair holding surface pivoting
`
`on a first pivot axis via a ball-joint connection, as taught by Chambon, since such a
`
`modification provides the advantage of enabling a user to apply tension to the hair while
`
`reducing pain in the user’s hand.
`
`

`

`Page 13
`
`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`
`.. syTre m4aWER
`
`
`Arc shapedfirst pivot piece
`
`Modifying the hair iron of the combination of Kobayashi and Jung to havethe first hair
`
`holding surface pivot about a middle of the surface of the center of the first hair holding
`
`surface, as taught by Chambon, providesthefirst pivot axis to be disposed about a
`
`center of the surface of the first hair holding surface of the combination of Kobayashi
`
`and Jung, which coincides with the location of the groove. Thus, the combination of
`
`Kobayashi, Jung, and Chambon discloses wherein the groove servesasthe first pivot
`
`axis.
`
`Regarding claim 2, the combination of Kobayashi, Jung, and Chambon teaches
`
`the hair iron of claim 1, as applied above. Kobayashi further discloses wherein the ion
`
`ejection port (70) is disposedin the first hair holding part (29), the ion ejection port being
`
`exposed to a space provided between the first hair holding surface (4) and the second
`
`hair holding surface (5) (Figure 1; lines 89-94, 116-119).
`
`Regarding claim 6, the combination of Kobayashi, Jung, and Chambon
`
`discloses the hair iron according to claim 1, as applied above. Per the modification
`
`addressedin claim 1, the ball-joint of Chambon wasincorporatedinto the first hair
`
`holding surface of the combination of Kobayashi and Jung, wherein the ball joint
`
`comprises a float part (100) that enables the first hair holding surface to swing ina
`
`

`

`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 14
`
`direction of a normal(vertical with respect to the orientation of Figure 10) to the first hair
`
`holding surface. Thus, the combination teaches all the limitations of claim 6.
`
`Regarding claim 7, the combination of Kobayashi, Jung, and Chambon
`
`discloses the hair iron according to claim 1, as applied above. Per the modification
`
`addressedin claim 1, the first and second hair holding surfaces of the combination of
`
`Kobayashi and Jung were modified to pivot, as taught by Chambon. Chambon’s second
`
`hair treating surface pivots via a float part (11, Chambon Figure 10), wherein the hair
`
`treating surface is configured to swing in a direction of a normal to the second hair
`
`holding surface (vertical with respect to Chambon Figure 10). Thus, the combination
`
`discloses all the limitations of claim 7.
`
`Regarding claim 8, the combination of Kobayashi, Jung, and Chambon
`
`discloses the hair iron according to claim 1, as applied above. Kobayashi further
`
`discloses wherein the ion ejection port (70) is disposed in the first hair holding part (29),
`
`the ion ejection port being exposed to a space provided between the first hair holding
`
`surface (4) and the second hair holding surface (5) (Kobayashi Figure 1; lines 89-94,
`
`116-119).
`
`Regarding claims 17 and 19, the combination of Kobayashi, Jung, and
`
`Chambon disclosesthe hair iron according to claim 7, as applied above. Per the
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`modification addressedin claim 1, the ball-joint of Chambon wasincorporated into the
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`first hair holding surface of the combination of Kobayashi and Jung, wherein the ball
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`joint comprises a float part (100) that enables the first hair holding surface to swing ina
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`direction of a normal(vertical with respect to the orientation of Chambon Figure 10) to
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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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`the first hair holding surface. Thus, the combination teaches all the limitations of claims
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`17 and 19.
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`Regarding claim 20, the combination of Kobayashi, Jung, and Chambon
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`discloses the hair iron of claim 1, as applied above. Per the modification addressed in
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`claim 1, the ball-joint pivot of Chambon’s first hair treating surface was incorporated into
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`the hair iron of the combination of Kobayashi and Jung, wherein Chambon’s ball-joint
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`comprises a first pivot piece having a first arc shape surface facing the first pivot axis
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`(refer to annotated Chambon Figure 10 provided in the rejection to claim 1, above).
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`Thus, the combination teaches all the limitations of claim 20.
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`

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`Application/Control Number: 17/001 ,041
`Art Unit: 3772
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`Page 16
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`Specification Objections
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`Responseto Arguments
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`Applicant's amendmentsto the specification overcome all previous objections; thus, all
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`previous objections to the specification are withdrawn.
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`Claim Objections
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`Applicant's amendmentsto the claims overcome all previous claim objections; thus, all
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`previous claim objections are withdrawn.
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`35 U.S.C. 112(b)
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`Applicant’s amendmentsto the claims overcome all previous 35 U.S.C. 112(b)
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`rejections; thus, all previous rejections are withdrawn.
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`Argument #1:
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`In Yu, since the first hair holding surface 16 (a heating plate) is supported bya float
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`parts 20 (spring), the first hair holding surface 16 can pivot about a first axis located on
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`the surface of the hair holding surface 16. However, if a side of the plate 16 is pressed
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`

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`Application/Control Number: 17/001 ,041
`Art Unit: 3772
`
`Page 17
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`down, the spring 20 is also pressed. Thus, the center of the upper surface of the plate
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`cannot be a pivot axis, because the center also moves down.
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`ss
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`aee
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` —
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`Response #1:
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`The claims do not require that pivotal motion is the only motion the first hair holding
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`surface undergoes. The translational motion (“the center also moves down’, per
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`Applicant's arguments) does not detract/negate the fact that the hair holding surface is
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`still pivoting. There is no requirement in the claims that the pivotal axis remains
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`stationary, i.e. the hair holding surface is capable of rotating/pivoting and also
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`translating. Yu’s spring is an elastically deformable supportfor the first hair holding
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`surface, similar to that of the instant invention (the instant invention provides elastically
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`deformable support means, 610A, 610B), wherein one of ordinary skill in the art would
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`anticipate that an elastically deformable material/support is capable of some
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`deformation in the vertical direction, thereby indicating a translational motion ofthe first
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`hair holding surface.
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`Conclusion
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`The prior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure: refer to attached PTO-892.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`

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`Application/Control Number: 17/001 ,041
`Art Unit: 3772
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`Page 18
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`A shortenedstatutory period for reply to this final action is set to expire THREE
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`
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`MONTHS from the mailing date of this action. In the eventafirst reply is filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortened statutory period, then the
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`shortenedstatutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to SARAH WOODHOUSE whosetelephone number is
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`(571)272-5635. The examiner can normally be reached Monday- Friday: 9am - 5pm.
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`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
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`number for the organization where this application or proceeding is assigned is 571 -
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`273-8300.
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`Information regarding the status of published or unpublished applications may be
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`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
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`

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`Application/Control Number: 17/001 ,041
`Art Unit: 3772
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`center for more information about Patent Center and
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`Page 19
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`https:/Awww.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
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`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
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`
`/SARAH WOODHOUSE/
`Examiner, Art Unit 3772
`/JACQUELINE T JOHANAS/
`Supervisory Patent Examiner, Art Unit 3772
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`