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 .
Response to Arguments
Applicant’s arguments, see remarks, filed 5/20/2025, with respect to the rejection(s) of claim(s) 1-5 under 35 USC 103a over Ushigome (JP 2004339631 A), Fujiki (WO 2011033563 A1), Kyts (US 4240865 A) and Sze (US 20160213120 A1) have been fully considered but are unpersuasive.
During patent examination, the pending claims must be "given their broadest reasonable interpretation consistent with the specification." The Federal Circuit’s en banc decision in Phillips v. AWH Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005) expressly recognized that the USPTO employs the "broadest reasonable interpretation" standard. In this case, the gaps between the threads or braids of Ushigome (which would be present in in the weaves shown in Figures 1-7) would read on the limitation of “wherein the plurality of mesh holes are positioned between the longitudinally extending yarns and transversely extending yarns”. Applicant argues that Ushigome did not include the gaps, but Ushigome also includes a braided and threaded portion and therefore would also have the same structure.
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-AIA ) 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.
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 prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ushigome (JP 2004339631 A), Fujiki (WO 2011033563 A1), Kyts (US 4240865 A) and Sze (US 20160213120 A1).
As to claim 1, Ushigome discloses a method for producing an annular hair band, the method comprising the following steps of:
providing an elongated, elastic woven strip, wherein the woven strip includes a plurality of longitudinally extending yarns and a plurality of transversely extending yarns interleaved between the plurality of longitudinally extending yarns, wherein the woven strip includes a plurality of mesh holes (called “gap”), wherein the plurality of mesh holes are positioned between the longitudinally extending yarns and transversely extending yarns (see the braids or threads in Figures 1-7 below as well), and wherein the woven strip includes two ends; (See paragraph 0019-25, disclosing:
[0019] The outer braid layer 5A is formed by twisting a plurality of braid members 6 each made of one thread. The braided material 6 has a melting point higher than the melting point of the hot-melt yarn 7 described later, and for example, nylon, tetron, staple yarn, human silk, synthetic yarn, cotton, silk, and the like can be used. In the outer braided layer 5 </ b> A, the yarns constituting the braided material 6 are bonded to each other by the resin layer 8.
[0020] In the present embodiment, a hot-melt yarn 7 shown in FIG. 2A is used as a material for bonding the yarns of the braid material 6. The hot-melt yarn 7 is melted by applying heat of about 100 ° C. and hardened by cooling. For example, Elder (registered trademark) manufactured by Toray Industries, Inc., and Flor (registered trademark) manufactured by Unitika Ltd. ), And Joiner (registered trademark) manufactured by Fuji Boseki Co., Ltd. can be used. The hot melt yarn 7 is not limited to the above, and may be changed as desired as long as it is hardened by cooling after being heated and melted. Further, the melting point of the hot melt yarn 7 is not limited to about 100 ° C., but may be, for example, 80 ° C.
[0021] Next, a method of manufacturing the braid 2A for forming the braid ring 1 will be specifically described.
[0022] As shown in FIGS. 1 (A) and 2 (A), 16 braided materials 6 and hot-melt yarns 7 are paired together on the outer peripheral portion of a continuous long rubber core 4 to form each braided material. The outer braided layer 5B is formed by twisting the hot-melt yarn 6 and the hot-melt yarn 7 in a tubular shape so as to cross each other. Here, the process of forming the outer braided layer 5B is performed, for example, by holding the braided material 6 composed of a plurality of yarns so that the braided material can advance and automatically driving the holding portion 10a by the control device. Is used. The rubber core 4 is stretched by applying a predetermined tension in the longitudinal direction. Although only eight braid members 6 and hot-melt yarns 7 are shown in the drawing, there are similarly eight braid members 6 and hot-melt yarns 7 in a state of being overlapped on the back side. Further, the number of the braid members 6 including the hot melt yarns 7 can be changed as desired, and the number of the braid members 6 and the hot melt yarns 7 may be eight.
[0023] When the outer braided layer 5B is formed in this manner and the tension on the rubber core 4 is released, the rubber core 4 contracts by its own elastic force as shown in FIG. The braid material 6 and the hot-melt yarn 7 constituting the braid layer 5B converge so as to narrow the interval and make the inclination angle an acute angle. That is, immediately after the outer braided layer 5B shown in FIG. 2A is twisted, the angle of inclination of the braided material 6 with respect to the rubber core 4 is α, but the braided material 6 in a state where the rubber core 4 is contracted. And the inclination angle of the hot-melt yarn 7 is β. In this state, the diameter increases as the rubber core 4 contracts. Therefore, the rubber core 4 is in a state of being tightened by the braid material 6 and the hot-melt yarn 7 having a smaller elasticity than the rubber core 4.
[0024] Next, as shown in FIG. 1 (B), the braided braid 2B is passed through a heating tank 12 which stores boiling water boiled by the heating means 11. Then, the hot-melt yarn 7 constituting the outer braid layer 5B of the braid 2B is heated to the melting point by the hot water and melted. As a result, the resin material of the molten hot-melt yarn 7 permeates between the braid members 6. Thereafter, the braid 2B is taken out of the heating tank 12 and cooled, and when the melted hot-melt yarn 7 is hardened, the production of the braid 2A is completed. This cooling process can be either natural cooling at room temperature or forced cooling by a well-known cooling means.
[0025] As shown in FIG. 2 (C), the braid 2A thus formed does not have the hot-melt yarn 7 in the outer braid layer 5A, and is in a state where only one yarn constituting the braid material 6 is twisted. Be the same. In this state, the braid members 6 adjacent to each other over the entire length are bonded to each other by the resin layer 8. 2 (C) and FIG. 3 (A), a state is shown in which there is a gap between adjacent braided materials (threads) 6, 6, but actually, the inner rubber core 4 is not provided. The gap that is exposed is a size that cannot be visually confirmed.
);
overlapping the two ends of the woven strip, wherein adjacent outer surfaces of the two ends abut each other, wherein an abutting area of the two ends is greater than a cross sectional area of an end face of each of the two ends; See paragraph 0041, disclosing:
[0041] In addition, as the hot-melt yarn 7 to be used, one having a large diameter is used, or in the first and second embodiments, the number of hot-melt yarns 7 to be used is increased, as shown in FIGS. 7A and 7B. In this manner, the braided tubular braid 2A is flattened, and heated in a state where the inner peripheral portion is in close contact with the resin layer 8 of the heat-fused yarn 7 in which the opposite yarn of the inner peripheral portion is heated and melted. The flat braid 2A having a flattened elliptical shape may be formed by bonding.
heating and compressing the overlapped sections of the two ends, wherein the yarns of one of the two ends and the mesh holes of another of the two ends are fused together to engage the two ends, wherein the two ends are flattened (see paragraph 0014), disclosing:
[0014] Further, the second method for producing a braid according to the present invention is characterized in that a plurality of braids composed of one yarn or two or more yarn bundles are melted at a predetermined temperature of at least 1/7 of the braid. With the yarn, twisted into a tube so as to intersect, by melting the hot-melt yarn by heating and infiltrating between the yarns, cooling and hardening the melted hot-melt yarn, The yarns are bonded to each other.
See also Figures 1-7 below:
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Ushigome does not disclose the full limitation of using two non-planar dies to heat and compress the overlapped sections of the two ends, wherein the yarns of one of the two ends and the mesh holes of another of the two ends are fused together to engage the two ends, wherein the two ends are flattened, and wherein protrusions or grooves are formed on an upper face and a lower face of a non-planar engaged portion of the two ends, thereby forming the annular hair band; and opening the two non-planar dies and removing the annular hair band for cooling, wherein the annular hair band is capable of withstanding a stretching force greater than 2 kg.
However, Fujiki discloses the full limitation of using two non-planar dies to heat and compress the overlapped sections of the two ends, wherein the yarns of one of the two ends and the mesh holes of another of the two ends are fused together to engage the two ends, wherein the two ends are flattened, and thereby forming the annular hair band; and opening the two non-planar dies and removing the annular hair band for cooling,
See the translation, later disclosing:
In addition, the term “fusion” as used in the present invention refers to a state in which a part or all of a portion where the ends of a pair of hollow objects are overlapped is melted. In addition, on the inner surface of the connecting jig, a peelable surface treatment is performed so that the bonded portion and the connecting jig can be easily separated in preparation for the case where the hollow objects melted at the time of fusion or the bonding member adhere and cool and solidify. When the fusing temperature is high, it is preferable to perform a heat-resistant peelable surface treatment.
See the translation, later disclosing:
In order to make the cross-sectional shape of the portion where the ends of the pair of hollow objects overlap after compression deformation substantially the same as the cross-sectional shape of one hollow object before compression deformation, for example, in FIG. As shown, a method using an ultrasonic horn 1 in which a groove recessed in an arc shape is formed on the lower surface 1 a and a connection jig 2 in which a U-shaped groove 2 a is formed can be employed. When the ultrasonic horn 1 is inserted into the groove 2a of the connecting jig 2, a hollow portion having a substantially circular cross section is formed.
When the connection jig 2 and the ultrasonic horn 1 are used, a minute gap is generated between them, and a burr-like thing may be formed after ultrasonic fusion. A burr-like thing may be generated.
When the ultrasonic horn 1 and the connection jig 2 are used, the end portions 3c and 3d of the adjacent hollow objects 3a and 3b can be fused at a time. By bonding the end portions 3c and 3d of the adjacent hollow objects 3a and 3b at a time, a desired bonding strength can be obtained more easily.
Additionally, Fujiki is directed to joining braided material. See the translation, disclosing:
The connecting member is a member for joining hollow objects, and can be easily joined to the hollow object, and is necessary for stably passing through the hollow fiber membrane manufacturing process and processing process. Those capable of maintaining strength and flexibility are preferred. Specifically, fiber bundles, hollow or solid braids, hollow or solid braids, strips of fiber knitted fabric, porous rods, porous strips, etc. Is mentioned. Further, when compressing and deforming the joint portion to join, a hollow continuous body having no step on the side surface is obtained, and as the connecting member, a material having a large volume reduction rate at the time of compressive deformation is preferable. , Hollow fiber bundles, hollow braids, hollow braids, hollow fiber membranes, hollow porous materials, hollow nets, tubes and the like.
See also Figures 1-4
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Fujiki teaches in the translation that the above can achieve “a hollow continuous body having high joint strength and excellent flexibility can be obtained.”
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized the full limitation of using two non-planar dies to heat and compress the overlapped sections of the two ends, wherein the yarns of one of the two ends and the mesh holes of another of the two ends are fused together to engage the two ends, wherein the two ends are flattened, and thereby forming the annular hair band; and opening the two non-planar dies and removing the annular hair band for cooling as taught by Fujiki in order to obtain a hollow continuous body having high joint strength and excellent flexibility.
Kyts discloses and wherein protrusions or grooves (see corrugated joint 310, created by grooves or valleys 314 and ridges 313 in the joining tool) are formed on an upper face and a lower face of a non-planar engaged portion of the two ends. See column 10, lines 20-31 and column 14, lines 31-46, disclosing:
In operation, it will be appreciated that when the overlapping strap portions 56 and 57 are pressed together between the anvil block 64 and the pressure block 210, the ribs 301 and 305 cooperate to deform the overlapping and bonded-together strap portions 56 and 57 into the channels 306 and 300, thereby to form in the supply portion 57 of the strap a plurality of grooves or valleys 312 separated by and alternating with ridges 311, and to form in the leading end 56 of the strap a plurality of grooves or valleys 314, separated by and alternating with ridges 313, thereby to form a substantially corrugated joint 310, as best seen in FIG. 9.
…
As the pressure block 210 is moved to the position illustrated in FIGS. 8 and 11, the overlapping strap portions 56 and 57 are deformed by the ribs 301 and 305 into the channels 306 and 300, thereby to produce in the overlapping strap portions the ridges 311 and 313 and the valleys 312 and 314 illustrated in FIG. 9, the formation of which ridges and valleys produces a kneading-like motion of the molten strapping surfaces, and serves substantially to increase the total contact area between the molten overlapping surfaces of the strap portions 56 and 57, thereby to effect a much stronger interface bond therebetween. Furthermore, the deformation of the overlapping strap portions 56 and 57 to form the corrugated joint 310 effects a substantially evenly distributed application of pressure throughout the joint area, thereby further to enhance the strength of the bond.
See also Figures 7-9 below:
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Therefore, it would have been obvious to one ordinary skill in the art at the time of the filing of the invention to have utilized non planar dies wherein protrusions or grooves are formed on an upper face and a lower face of a non-planar engaged portion of the two ends as in Kyts in order to substantially to increase the total contact area between the molten overlapping surfaces of the portions, thereby to effect a much stronger interface bond therebetween
Additionally, Sze manufacturing hair bands wherein the annular hair band is capable of withstanding a stretching force greater than 2 kg. See paragraph 0009, teaching:
[0009] In other embodiments, the elastic band at the first and second connectors has a pull strength of at least 4 Kg, or 4-15 Kg, or more preferably 10-15 Kg.
[0027] The elastic band at the first and second connectors may have a pull strength of at least 4 Kg, preferably 4-15 Kg, and more preferably 0-15 Kg.
See also paragraph 0044, which teaches that “Studies show that such hair fasteners have a pull strength at the region of the coupler of over 4 Kg, and often >4 Kg to 15 Kg, or even >10 Kg to 15 Kg.”
Therefore, it would have been obvious to one ordinary skill in the art at the time of the filing of the invention to have utilized manufacturing hair bands wherein the annular hair band is capable of withstanding a stretching force greater than 2 kg as taught in Sze which teaches that Studies show that such hair fasteners have a pull strength at the region of the coupler of over 4 Kg, and often >4 Kg to 15 Kg, or even >10 Kg to 15 Kg.
As to claim 2, Ushigome does not disclose wherein each of the two non-planar dies includes an outer surface having protrusions or grooves.
However, Kyts disclose wherein each of the two non-planar dies includes an outer surface having protrusions or grooves. Kyts teaches in the abstract that “Ridges on the pressure block cooperate with complementary grooves in the anvil to deform the overlapping strap portions during bonding thereof and form a corrugated joint therebetween.” Column 10, line 20 teaches that:
In operation, it will be appreciated that when the overlapping strap portions 56 and 57 are pressed together between the anvil block 64 and the pressure block 210, the ribs 301 and 305 cooperate to deform the overlapping and bonded-together strap portions 56 and 57 into the channels 306 and 300, thereby to form in the supply portion 57 of the strap a plurality of grooves or valleys 312 separated by and alternating with ridges 311, and to form in the leading end 56 of the strap a plurality of grooves or valleys 314, separated by and alternating with ridges 313, thereby to form a substantially corrugated joint 310, as best seen in FIG. 9.
Additionally, column 14, line 31 teaches:
As the pressure block 210 is moved to the position illustrated in FIGS. 8 and 11, the overlapping strap portions 56 and 57 are deformed by the ribs 301 and 305 into the channels 306 and 300, thereby to produce in the overlapping strap portions the ridges 311 and 313 and the valleys 312 and 314 illustrated in FIG. 9, the formation of which ridges and valleys produces a kneading-like motion of the molten strapping surfaces, and serves substantially to increase the total contact area between the molten overlapping surfaces of the strap portions 56 and 57, thereby to effect a much stronger interface bond therebetween. Furthermore, the deformation of the overlapping strap portions 56 and 57 to form the corrugated joint 310 effects a substantially evenly distributed application of pressure throughout the joint area, thereby further to enhance the strength of the bond.
See Figures 7-9 below:
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilize wherein each of the two non-planar dies includes an outer surface having protrusions or grooves as suggested by Kyts in order to effect a substantially evenly distributed application of pressure throughout the joint area, thereby further to enhance the strength of the bond.
As to claim 3, Ushigome discloses wherein the woven strip is a hollow tube. See paragraph 0044, disclosing:
[0044] In addition, braiding can be performed by simply braiding the braid material together with the hot-melt yarn into a tube and then melting the hot-melt yarn just by heating to produce a braid consisting of only the yarn. And high accuracy is not required. Therefore, the cost of the production equipment can be significantly reduced, and as a result, a braid and a braided ring provided with a rubber core can be provided at low cost to the purchaser.
As to claim 4, Ushigome discloses wherein the woven strip has a flat shape. See paragraph 0041, disclosing:
[0041] In addition, as the hot-melt yarn 7 to be used, one having a large diameter is used, or in the first and second embodiments, the number of hot-melt yarns 7 to be used is increased, as shown in FIGS. 7A and 7B. In this manner, the braided tubular braid 2A is flattened, and heated in a state where the inner peripheral portion is in close contact with the resin layer 8 of the heat-fused yarn 7 in which the opposite yarn of the inner peripheral portion is heated and melted. The flat braid 2A having a flattened elliptical shape may be formed by bonding.
As to claim 5, Ushigome discloses wherein the plurality of longitudinally extending yarns is a plurality of elastic yarns, and wherein the plurality of transversely extending yarns extends perpendicularly to the plurality of elastic yarns and is a plurality of fabric yarns. See paragraph 0019-22, disclosing:
[0019] The outer braid layer 5A is formed by twisting a plurality of braid members 6 each made of one thread. The braided material 6 has a melting point higher than the melting point of the hot-melt yarn 7 described later, and for example, nylon, tetron, staple yarn, human silk, synthetic yarn, cotton, silk, and the like can be used. In the outer braided layer 5 </ b> A, the yarns constituting the braided material 6 are bonded to each other by the resin layer 8.
[0020] In the present embodiment, a hot-melt yarn 7 shown in FIG. 2A is used as a material for bonding the yarns of the braid material 6. The hot-melt yarn 7 is melted by applying heat of about 100 ° C. and hardened by cooling. For example, Elder (registered trademark) manufactured by Toray Industries, Inc., and Flor (registered trademark) manufactured by Unitika Ltd. ), And Joiner (registered trademark) manufactured by Fuji Boseki Co., Ltd. can be used. The hot melt yarn 7 is not limited to the above, and may be changed as desired as long as it is hardened by cooling after being heated and melted. Further, the melting point of the hot melt yarn 7 is not limited to about 100 ° C., but may be, for example, 80 ° C.
[0021] Next, a method of manufacturing the braid 2A for forming the braid ring 1 will be specifically described.
[0022] As shown in FIGS. 1 (A) and 2 (A), 16 braided materials 6 and hot-melt yarns 7 are paired together on the outer peripheral portion of a continuous long rubber core 4 to form each braided material. The outer braided layer 5B is formed by twisting the hot-melt yarn 6 and the hot-melt yarn 7 in a tubular shape so as to cross each other. Here, the process of forming the outer braided layer 5B is performed, for example, by holding the braided material 6 composed of a plurality of yarns so that the braided material can advance and automatically driving the holding portion 10a by the control device. Is used. The rubber core 4 is stretched by applying a predetermined tension in the longitudinal direction. Although only eight braid members 6 and hot-melt yarns 7 are shown in the drawing, there are similarly eight braid members 6 and hot-melt yarns 7 in a state of being overlapped on the back side. Further, the number of the braid members 6 including the hot melt yarns 7 can be changed as desired, and the number of the braid members 6 and the hot melt yarns 7 may be eight.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE R KOCH whose telephone number is (571)272-5807. The examiner can also be reached by E-mail at george.koch@uspto.gov if the applicant grants written authorization for e-mails. Authorization can be granted by filling out the USPTO Automated Interview Request (AIR) Form.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PHILIP C TUCKER can be reached at (571)272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEORGE R KOCH/Primary Examiner, Art Unit 1745
GRK