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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, claims 1-10 in the reply filed on 10/10/2025 is acknowledged. Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claims 4, 5 and 7 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-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites “a concave-shaped outer layer”, “a first concave-shaped inner layer” and “a second concave-shaped inner layer” where it is unclear if these structures are the same or different from the outer layer and first and second inner layers of claim 1. Claim 5 recites the same language and depends from claim 4; therefore, the same clarity issues are present in claim 5.
Claim 7 recites “a wave-shaped outer layer”, “a first wave-shaped inner layer” and “a second wave-shaped inner layer” where it is unclear if these structures are the same or different from the outer layer and first and second inner layers of claim 1.
Claim Rejections - 35 USC § 103
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, 4, 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 5634480) and Burleson et al. (US 6257251).
Regarding claims 1, 2, 9 and 10, Lu discloses a hair clamp (Refer to Figures 1-16) comprising: an outer layer (1,2,3,4) comprising an underside (sides of 1 and 2 facing each other); a hinged end (end near 4); a clamping end (end with 5,6 and 15,25 adjacent 56) comprising: i) teeth (15); ii) recessed cavities (cavities between 25 into which 15 fit, Refer to Figures 13, 14 and 16) configured to receive the teeth; iii) side extensions (5,6); and iv) tabs (54) and recessed locking means (64,62) configured to engage the tabs (best shown in Figures 3-5); wherein the outer layer comprises a continuous piece that folds at the hinged end and wherein the hair clamp is configured such that when the hair clamp is closed down and locked into a secure position, the teeth are received by the recessed cavities and the locking means engage the tabs to clamp down firmly to tightly grip hair and hold the hair clamp snugly against the scalp; however, Lu does not disclose first and second inner layers attached to the underside of the outer layer, wherein the first inner layer opposes the second inner layer and the first and second inner layers comprise a flexible water-resistant material, and a buffer strip attached to the outer layer configured to protect a user's scalp when the hair clamp is placed on the user's head, where the first and second inner layers and buffer strip are adhesively attached to the outer layer.
Burleson et al. disclose a similar hair clamp having an outer layer (14,20) having a hinged end (near 26) and a clamping end (near 28), where hair is secured between opposing portions of the outer layer (Refer to Figures 1-5). Burleson et al. explain that conventional hair clamps (See Figure 1) are provided without inner layers and a buffer layer which results in certain disadvantages (e.g. “clasp the hair too tightly and entangle the hair on the engagement surfaces or else hold the hair too loosely, allowing the barrette to slip or fall away” Refer to col. 2 lines 10-22). The hair clamp of Burleson et al. includes inner layers (36 and inner portion of 42 facing 40) on opposing surfaces of the outer layer and a buffer layer (outer portion of 42) on an exterior surface of the outer layer which contacts the hair and/or scalp during use. These layers are adhesively attached to the outer layer (Refer to col. 3 lines 55-65) and made of a flexible water-resistant material providing a soft cushion (Refer to col. 1 lines 38-44 and col. 2 lines 47-67) which ensure the clamp does not slip or damage the hair and the device can be easily removed without snagging (Refer to col. 1 lines 6-9, 44-47). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair clamp of Lu to provide first and second inner layers opposite one another and adhesively secured to the outer layer, where the inner layers comprise a flexible water-resistant material and a buffer layer adhesively attached to the exterior of the outer layer intended to be placed adjacent the scalp as taught by Burleson et al. in order to prevent slipping of the hair clamp, damage to the hair and discomfort/pain to the user.
Regarding claim 4, the combination of Lu and Burleson et al. disclose the hair clamp of claim 1 above, where the hair clamp is concave-shaped and comprises a concave-shaped outer layer, a first concave-shaped inner layer, and a second concave-shaped inner layer. As best shown in Figures 14 and 16 of Lu, the outer layer has a concave shape and the modification per the teaching of Burleson et al. provides the inner layers on the outer layer, thereby the inner layers follow the shape of the outer layer.
Regarding claim 7, the combination of Lu and Burleson et al. disclose the hair clamp of claim 1 above, where the hair clamp is wave-shaped and comprises a wave-shaped outer layer, a wave-shaped first inner layer, and a wave-shaped second inner layer. As best shown in Figures 13, 14 and 16 of Lu, the outer layer, and thereby the inner layers as well per the modification outlined in claim 1, have a wave-shape. The overall arcuate shape is a wave shape. Additionally, elements 15 and 25 provide a wave shape.
Regarding claim 7, the combination of Lu and Burleson et al. disclose the hair clamp of claim 1 above, wherein the outer layer comprises a semi-flexible material with a semi-heat resistant tolerance of up to about 167 °F (Refer to col. 1 lines 5-6 and col. 2 lines 26-28 of Lu which explain the outer layer is a metal spring plate, meaning it is heat resistant and semi-flexible). Alternatively, Lu does not explicitly state the metal is heat resistant to up to 167 °F, but it is conventional in the art for such resilient/spring metal plates to be made of steel which is heat-resistant well-above temperatures of 167 °F. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer layer of the combination of Lu and Burleson et al. such that the spring metal thereof be spring steel, which is heat-resistant to temperatures of 167 °F, as it is well-known and conventional in the art to construct such hair clamps of spring steel and it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claims 1, 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Deer (US 8783269), Peterson (US 4503870) and Chudzik (US 20140053863).
Regarding claim 1, Deer discloses a hair clamp (Refer to Figures 6-8) comprising: a) an outer layer (520) comprising an underside (inner side of 520 having 600A and 600B thereon); b) a first inner layer (600A) and a second inner layer (600B) attached to the underside of the outer layer, wherein the first inner layer opposes the second inner layer; c) a hinged end (closed portion of 520 between 600A and 600B, Refer to annotated Figures below); d) a clamping end (end of 520 near 580 and opposite hinged end) comprising: i) teeth (teeth formed by protruding portions of 520 at clamping end, Refer to annotated Figures below); ii) recessed cavities (cavities between adjacent protruding portions of 520 at clamping end which receive teeth, Refer to annotated Figures below) configured to receive the teeth; iii) side extensions (Refer to annotated Figures below); wherein the outer layer comprises a continuous piece that folds at the hinged end and wherein the hair clamp is configured such that when the hair clamp is closed down and locked into a secure position, the teeth are received by the recessed cavities to clamp down firmly to tightly grip hair and hold the hair clamp snugly against the scalp; however, Deer does not disclose the clamping end having tabs and recessed locking means configured to engage the tabs; and a buffer strip attached to the outer layer configured to protect a user's scalp when the hair clamp is placed on the user's head.
Peterson discloses a similar hair clamp having a continuous outer layer with a hinged end and a clamping end opposite the hinged end (Refer to Figures 1-6). Peterson teaches the clamping end may be provided with tabs (20) and recessed locking means (22 provides recessed locking means which engage with 20) configured to engage the tabs (Refer to col. 1 lines 67-68 and col. 2 lines 1-14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair clamp of Deer to include tabs and recessed locking means configured to engage the tabs as taught by Peterson in order to provided an integrated securing mechanism for maintaining the clamp in the closed configuration and ensuring it does not slip or fall of the user’s hair.
Chudzik discloses various hair clamp embodiments (Refer to Figures 6A-11B) where various surfaces are covered with a buffer strip/layer. For example, in Figures 8A and 8B a resilient hair clamp is depicted where the buffer strip/layer is provided on an exterior surface of the clamp which contacts the scalp and/or adjacent hair which is not clamped by the device and the buffer layer is made of flocked fiber fabric and/or textile (Refer to paragraphs 0053-0054). This creates a soft surface which is gentle on the user’s hair/scalp and also enhances holding of the hair clamp on the user. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair clamp of the combination of Deer and Peterson such that a buffer layer be provided on the exposed portion of the outer layer as taught by Chudzik to provide a soft surface against which the device bears on unclamped hair and/or the scalp prevent damage to unclamped hair and irritation of the scalp.
Regarding claim 3, the combination of Deer, Peterson and Chudzik disclose the hair clamp of claim 1, Deer further discloses the first inner layer and the second inner layer are porous (Refer to col. 5 lines 6-18).
Regarding claim 4, the combination of Deer, Peterson and Chudzik disclose the hair clamp of claim 1, Deer further discloses the hair clamp is concave-shaped and comprises a concave-shaped outer layer, a first concave-shaped inner layer, and a second concave-shaped inner layer (Refer to Figures 6-8).
Regarding claim 7, the combination of Deer, Peterson and Chudzik disclose the hair clamp of claim 1, Deer further discloses the hair clamp is wave-shaped and comprises a wave-shaped outer layer, a wave-shaped first inner layer, and a wave-shaped second inner layer (Refer to Figures 6-8).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Deer, Peterson and Chudzik and as applied to claim 4 above, and further in view of Scotti (US 3105501) and Todfield (US 2793644).
Regarding claims 5 and 6, the combination of Deer, Peterson and Chudzik disclose the hair clamp of claim 4 above; however, the combination does not provide holes in the concave-shaped outer layer, the first concave-shaped inner layer, and the second concave-shaped inner layer, where the holes configured to align with one another when the hair clamp is closed, the holes being cylindrically-shaped and evenly spaced throughout the concave-shaped outer layer, the first concave-shaped inner layer, and the second concave-shaped inner layer. Deer teaches the device is intended to absorb water from the hair and therefor dry the hair (Refer to col. 4 lines 53-60). Scotti discloses a similar device having an outer layer and first and second inner layers disposed on the outer layer opposite one another (Refer to Figures 1-3 and 6-8). Scotti teaches the outer layer is provided with a plurality of holes (Refer to Figures 1-2) which improves air circulation to facilitate drying. Although Scotti does not provide the holes in the absorbent layers, Todfield demonstrates it is known and conventional for such holes to be provided in the absorbent layer and for these holes to be in communication with holes in the outer layer (Refer to Figure 1). Providing aligned holes through the outer layer and first and second inner layers allows for air to circulate through the device to dry the hair more efficiently. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the hair clamp of the combination of Deer, Peterson and Chudzik to include a provide cylindrically-shaped aligned and evenly space holes throughout the outer layer and inner layers as taught by Scotti and Todfield in order to improve air circulation to dry the hair more efficiently.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799