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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 9/19/2025 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/19/2025.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4-6, and 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hodges (US 1,991,982).
Hodges discloses a device sized and configured to circumscribe a human head, the device comprising a top portion (11) proximate to a top edge; a bottom portion (12) proximate to a bottom edge; a first end portion (17) positioned between the top edge and the bottom edge; a second end portion (16) positioned between the top edge and the bottom edge and located at an opposite end of the device from the first end portion; an inner surface (14) configured to face towards the head when the device is wrapped around the head; an outer surface configured to face away from the head when the device is wrapped around the head; a releasable fastener (23, 24) configured to fasten the first end portion to the second end portion such that the device is configured to circumscribe the human head when the fastener fastens the first and second end portions; and wherein the inner surface comprises a first inner surface portion (18) comprising a first material and extending from the bottom edge to an intermediate point on the inner surface and configured to form a substantially liquid-resistant seal (col. 2, lines 5-10) between the scalp of the head proximate to a hairline of the head and a second inner surface portion comprising a second material different from the first material (see Figure 1; col. 2, lines 5-25). Claim 4, the bottom edge is configured to extend beneath each ear on the head such that the device fully covers the ears when the device is placed on the head and the first inner surface portion is forming a substantially liquid-resistant seal between the scalp of the head proximate to the hairline of the head (see Figure 3). Claim 5, the first material comprises a material with a first coefficient of friction when placed against the scalp of the head and the second material comprises a second coefficient of friction, lower than the first coefficient of friction when placed against a wig (col. 2, lines 5-25). Claim 6, the first material is selected from the group consisting of water-resistant fiber (col. 2, lines 5-10) and the second material is cloth (col. 2, lines 5-10). Claim 8, the second material covers a larger proportion of the surface area of the inner surface than the first material (see Figure 1). Claim 9, the second inner surface portion extends from the top edge to the intermediate point on the inner surface (see Figure 4). Claim 10, the bottom edge defines a concave portion (12) such that the device varies in width at points along the length of the device (see Figure 1). Claim 11, the first inner surface portion forms a substantially liquid-resistant seal that at least substantially circumscribes the head proximate to the periphery of a wig installation (see Figures 1-3).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges (US 1,991,982).
Hodges discloses the claimed invention except for the first material comprises silicone and the second material comprises satin. It would have been obvious to one having ordinary skill in the art before the effective filing date to have the first material be made from silicone and the second material be satin, since 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. In this instance case, silicone is also a known suitable waterproof material and satin is a known cloth material.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodges (US 1,991,982) in view of Winton (US Pub 2021/0235836).
Hodges discloses the claimed invention except for ear cutouts or ear apertures. Winton teaches a hair wrap that comprises ear cutouts (120, 130) (paragraph 23). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Hodges be made with ear cutouts as taught by Winton to allow for the user’s ears to be exposed during use.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached at 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
10/3/2025