DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/16/2025 has been entered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a hair extension mount means for temporarily holding” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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.
Claim(s) 11-16, and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ott (DE 101 34 782 A1) in view of Davis (US 6,263,886).
Ott discloses a hair extension attachment tool for integrating a hair extension into a person's head of hair, the tool comprising a clamp body (Fig. 1), the clamp body including an engagement panel (2) and a connector panel (1) coupled to the engagement panel to pivot relative to the engagement panel from an opened position arranged adjacent to the engagement panel to a closed position arranged over the engagement panel (see Figure 1), wherein the clamp body includes a hair extension mount means (7) for temporarily holding a connector strip included in a hair extension during fixation of the connector strip to a wearer's natural head of hair (paragraph 10 of translation), easing installation by allowing a stylist to interact with additional surface area available along the clamp body of the hair extension attachment tool rather than just the connector panel of the hair extension (see Fig. 1); the hair extension mount means includes at least one projection (7) assembly coupled to the connector panel and configured to slidably engage the connector strip to retain the connector strip to the hair extension attachment tool during fixation of the connector strip to the person’s head of hair and to disengage the connector strip after fixation of the connector strip to the persons head of hair (translation paragraph 10). Ott does not disclose a parting needle with a free end attached to the clamp body. Davis teaches a clamp body (20) and a parting needle (40) attached to the clamp body wherein the parting needle is attached opposite its free end (see Figure 1; col. 2, lines 16-25). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the clamp body of Ott be made with a parting needle as taught by Davis to allow the user to section the hair during use.
Claim 12, Ott further discloses the clamp body (Fig. 1) includes a plurality of ridges (5) spaced along one of the connector panel and the engagement panel, and wherein the plurality of ridges are shaped to extend toward the other of the connector panel and the engagement panel when the connector panel is in the closed position so as to create press points where the connector strip of the hair extension is pushed together along the clamp body when the engagement panel is in the closed position over the connector panel (see Figure 1). Claim 13, Ott further discloses one of the connector panel and the engagement panel (1 or 2) are formed to include a plurality of depressions (6) spaced along the connector panel and the engagement panel, and wherein each of the plurality of depressions is located to oppose a corresponding one or more of the plurality of ridges (5) when the connector panel is in the closed position so that the press points are located between surfaces defining the plurality of depressions and the plurality of ridges (see Figure 1). Claim 14, Ott further discloses two projections a first projection assembly (7) and a second projection assembly (7) coupled to the connector panel and configured to slidably engage the connector strip to retain the connector strip to the hair extension attachment tool during fixation of the connector strip to the person’s head of hair and to disengage the connector strip after fixation of the connector strip to the person’s head of hair (paragraph 10). Claim 15, Ott disclose wherein the plurality of ridges (5) is spaced along the connector panel at least one projection (5) is positioned to extend over one of the plurality of depressions (see Figure 1a). Claim 16, Ott further discloses wherein the plurality of depressions is formed on the engagement panel and the second projection assembly is positioned to extend over the plurality of depressions (see Figure 1). Claim 35, Ott discloses the clamp body defines a top edge and a bottom edge opposite the top edge, and wherein the plurality of depressions is formed on the other of the connector panel and the engagement panel at the top edge of the clamp body and the plurality of ridges is spaced along the one of the connector panel and the engagement panel at the top edge of the clamp body (see Figure 1).
Claim(s) 18-14, 36, and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2002-138316).
Regarding claim 18, ‘316 further discloses a hair extension attachment tool for integrating a hair extension into a person's head of hair, the tool comprising a clamp body (A) including an engagement panel (2) and a connector panel (1) coupled to the engagement panel to pivot relative to the engagement panel from an opened position arranged adjacent to the engagement panel to a closed position arranged over the engagement panel (see Figures 1 and 3) the engagement panel includes an engagement surface configured to engage the hair extension and an outer surface opposite the engagement surface, the engagement panel formed to includes a plurality of depressions (43) spaced apart from one another and extending into the engagement panel from the engagement surface towards the outer surface, the plurality of depressions being recessed into the engagement surface (see Figure 5) . ‘316 does not disclose a parting needle with a free end attached to the clamp body. Davis teaches a clamp body (20) and a parting needle (40) attached to the clamp body wherein the parting needle is attached opposite its free end (see Figure 1; col. 2, lines 16-25). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the clamp body of ‘316 be made with a parting needle as taught by Davis to allow the user to section the hair during use. Claim 19, the clamp body (A) includes a plurality of ridges (41) spaced along one of the connector panel and the engagement panel, and wherein the plurality of ridges are shaped to extend toward the other of the connector panel and the engagement panel when the connector panel is in the closed position (see Figure 4a-4c) the connector panel includes a support surface (2) configured to engage the hair extension and an outer surface opposite the support surface, the a plurality of ridges (41) spaced along the connector panel and extending outwardly from the support surface of the connector panel (see Figure 1 and 5). Claim 20, each of the plurality of depressions (43) is located to oppose a corresponding one of the plurality of ridges (41) when the connector panel is in the closed position (see Figure 4). Claim 21, a first projection (30) is coupled to the engagement panel to form a first channel therebetween and a second projection (30) is coupled to the connector panel to form a second channel therebetween (see Figure 2). Claim 22, at least one projection (12a) is positioned to extend over one of the plurality of ridges (41) when the connector panel is in the opened position (see Figure 3). Claim 23, at least one projection (23a) is positioned to extend over one of the plurality of depressions when the connector panel is in the opened position (see Figure 3). Claim 24, a first projection (12a) is coupled to the engagement panel to form a first channel therebetween and a second projection(23a) is coupled to the connector panel to form a second channel therebetween (see Figures 3 and 5). Claim 36, the clamp body defines a top edge and a bottom edge opposite the top edge, and wherein the plurality of depressions extend into the engagement panel at the top edge of the clamp body and the plurality of ridges extend outwardly from the connector panel at the top edge of the clamp body (see Figure 1). Claim 37, discloses the connector panel is formed to include a plurality of depressions spaced along the connector panel between the plurality of ridges of the connector panel, the plurality of depressions of the connector panel extending into the connector panel from the support surface toward the outer surface of the connector panel (see Figure 1).
Allowable Subject Matter
Claim 34 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments filed 10/16/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
12/4/2025