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 .
This office action is in response to applicant’s amendments filed June 2, 2026. Claims 1,7-15 and 17-20 are pending. Claims 2-6 and 16 have been cancelled. Claim 1 has been amended. Claims 18-20 are new. Claims 7-9 and 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
All prior rejections are withdrawn in view of applicant’s amendments to the claims.
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 1,10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Miyoshi (JP 2005314841A).
Miyoshi teaches teaches preparing acrylic synthetic fibers from polymer (A) comprising 40-60% acrylonitrile, 40-60% vinyl chloride or vinylidene chloride and 0-5% ethylenically unsaturated monomers based on styrene and 5-50% polymer (C) comprising vinyl acetate and vinyl pyrrolidone (page 3, page 9, claim 2). Since only two components are present, Polymer A would be present in amounts of 50-95%.
Miyoshi does not teach all the claimed embodiments in a single example but one of ordinary skill in the art at the time the invention was made could arrive at the claimed invention by selecting from the teachings of Miyoshi.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to select the instantly claimed acrylonitrile, vinyl chloride or vinylidene chloride and styrene or allyl based monomers as a first polymer and vinylpyrrolidone and vinyl acetate as a second polymer at the claimed percentages to prepare a mixture of a first and second polymer to prepare an acrylic fiber which has the benefits of excellent processability, soft touch and improved dyeing properties. Selecting from overlapping art recognized concentration ranges is obvious through routine experimentation to maximize processability, softness of touch and dyeing properties
Claims 12,17 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Miyoshi (JP 2005314841A) in view of Okumura (US 2021/0009802).
Miyoshi is relied upon as set forth above.
Miyoshi does not teach hair ornaments or poly(acrylic acid 2-methoxyethyl) macromonomer.
Okumura teaches acrylic fibers comprising 35-84.5 mass % of acrylonitrile, 15-64.5% vinyl or vinylidene chloride and 0.5-40% ethylenically unsaturated monomers, particularly 2-methoxy-ethyl(meth) acrylate (paragraph 0039) are effectively used to produce artificial hair and pile fabrics (paragraph 0002, 0006,0008-0009,0011). Okumura teaches monomers of formula (I) wherein R is acrylic, styrene, nitrile, vinyl or amide based monomers (paragraph 0012). Okumura teaches using Poly(2-methoxyethyl acrylate) polymers with an acryloyl group at one end (paragraph 0098).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the resin and synthetic fibers of Miyoshi by incorporating poly(acrylic acid 2-methoxyethyl) macromonomer and using the fibers for hair ornaments as Okumura teaches the 2-methoxy-ethyl(meth) acrylate macromonomers and poly(2-methoxyethyl acrylate) polymers with an acryloyl group at one end are effective compounds used in producing acrylic fibers with other acrylonitrile and vinyl chloride or vinylidene chloride monomers for artificial hair with improved processability. Okumura teaches the functional equivalence of acrylic fibers for hair or pile cloth and Miyoshi teaches pile as a possible use of the acrylic fibers. Using artificial hairs as doll hair, wigs or extensions are obvious as this is the purpose of preparing artificial hair as a substitute for real hair applied to the head. It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose, see In re Kerkhoven, 626 F.2d 846,850,205 USPQ 1069, 1072 (CCPA 1980).
Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Miyoshi (JP 2005314841A) in view of Okumura (US 2021/0009802) in view of Masuda (US 2004/0195543).
Miyoshi and Okumura are relied upon as set forth above.
Miyoshi and Okumura do not specify wigs, doll hair or hair extensions.
Masuda teaches it is known to use artificial hair from modacrylic fibers in hair articles such as wigs, hairpieces, extension hair, hair bundles and doll hair (paragraph 0004).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the artificial hair of Miyoshi and Okumura by using it to prepare hair extensions, wigs or doll hair as Matsuda teaches it is known to use artificial hair from modacrylic fibers in hair articles such as wigs, hairpieces, extension hair, hair bundles and doll hair. Nothing unobvious is seen in using artificial hair made from similar modacrylic fibers in conventional applications such as wigs, hairpieces, extension hair, hair bundles and doll hair.
Response to Arguments
Applicant’s arguments with respect to claims 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. No arguments were made regarding Masuda beyond it not remedying the teachings of Fujita, which is no longer relied upon.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AMINA S KHAN whose telephone number is (571)272-5573. The examiner can normally be reached Monday-Friday, 9am-5:30pm EST.
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/AMINA S KHAN/Primary Examiner, Art Unit 1761
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