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 .
Claims 1,3 and 7-17 are pending. Claims 2 and 4-6 have been cancelled. Claims 1,3,7 and 9-11 have been amended. Claims 13-17 are new. Applicant’s election without traverse of claims 1,3 and 13-17 in the reply filed on February 11, 2026 is acknowledged. Claims 10,12 and 17 will also be examined with claims 1,3 and 13-17 as the examiner made an error in including claim 17 with Group I, wherein claim 17 depends from claim 12 and claim 12 depends from claim 10. Claims 7-9 and 11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1,3,10 and 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita (US 2018/0016416).
Fujita teaches preparing artificial hair from synthetic fibers (which meets the claimed limitation of hair accessories or hair extensions; paragraph 0002, 0054) wherein the synthetic fibers are made from a resin composition comprising of modacrylic resin containing 15-85%, preferably at least 30% to not more than 70% acrylonitrile, 15-85%, preferably at least 30% to not more than 70% vinyl chloride or vinylidene chloride and 0-20% of other vinyl monomers such as acrylates, methacrylates or styrenes to reduce process temperature (applicant’s polymer (A), paragraphs 0021,0024, 0029). Fujita teaches that with respect to 100 parts by weight of the modacrylic resin polymer, a stabilizer comprising poly(glycidyl methacrylate) can be included at 0.1-50 parts by weight (applicant’s polymer (B), soluble in benzyl alcohol as it is a exemplified in claim 3; paragraph 0011,0039). Fujita teaches a copolymer of acrylonitrile and styrene can be included at up to 3 parts by weight with respect to 100 parts by weight modacrylic resin as a processing aid to improve spinnability (applicant’s polymer (B) soluble in benzyl alcohol as it is a exemplified in claim 16; paragraph 0046). Fujita teaches using alkyl methacrylates such as methyl, ethyl, butyl. Isobutyl, 2-ethyl hexyl, lauryl stearyl and oleyl methacrylate (paragraph 0030) which meet the claimed limitations of formula (1) of claim 13.
Fujita 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 Fujita.
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 methacrylate (methacrylic acid ester) based monomers at the claimed percentages to prepare a first polymer and combining this polymer with a stabilizer of poly(glycidyl methacrylate) and a processing aid of a copolymer of acrylonitrile and styrene to prepare an artificial hair composition for use in hair ornaments such as hair extensions or hair accessories as Fujita teaches combining modacrylic resins, poly(glycidyl methacrylate) stabilizers and copolymer of acrylonitrile and styrene processing aids in overlapping percentage ranges provides an artificial hair that is prepared with reduced processing temperatures and improved spinnability. Using known component in art recognized concentration ranges to produce synthetic fibers for the same purpose of producing artificial hair and parts for dolls would be obvious as the combination of components are known to be useful for the same purpose as applicant. Selecting from overlapping art recognized concentration ranges is obvious through routine experimentation to maximize spinnability and reduce processing temperatures.
Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita (US 2018/0016416) in view of Masuda (US 2004/0195543).
Fujita is relied upon as set forth above.
Fujita does 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 Fujita 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.
Conclusion
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