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 .
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) 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shyu (US 2010/0252064) in view of Henderson (US 5,590,422).
Shyu discloses a headband element (2) defined by a first continuous loop of an elasticated material configured to securely encircle a head of a wearer, the headband element including a front side opposite a rear side relative to the wearer; and a hairband element (21) fixed to the rear side of the headband element and defined by a second continuous loop of the elasticated material (claims 11 and 12), the second continuous loop being of a smaller inner diameter than the first continuous loop, the hairband element configured to be tied around a ponytail of the wearer (see Figure 7; paragraph 20).
Shyu discloses the claimed invention except for the hairband element is sewn to the rear side of the headband element; an exterior portion of the hairband element is sewn to an exterior portion of the headband element at the rear side thereof; the headband element includes a thickness of between 2mm-20mm; wherein the hairband element includes a thickness of between 2mm-20mm; the headband element includes an inner diameter of between 40cm-55cm; the hairband element includes an inner diameter of between 3cm-6cm.
Henderson teaches a headband and hairband element wherein the hairband is sewn to the rear side of the headband and an exterior portion of the hairband element is sewn to an exterior portion of the headband element at a rear side (see Figures 1; col. 3, lines 45-65). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the hairband and headband of Shyu be attached by sewing as taught by Henderson to allow for a secure attachment. Furthermore, one having ordinary skill in the art would find the parameters of the headband element including a thickness of between 2mm-20mm; the hairband element includes a thickness of between 2mm-20mm; the headband element includes an inner diameter of between 40cm-55cm; and the hairband element includes an inner diameter of between 3cm-6cm to be deemed matters of design choice, will within the skill of the ordinary artisan, obtained through routine experimentation in determining optimum results. In this instance case, headband and hairband parameters are common to fit standard sizes of majority of users.
Response to Arguments
Applicant's arguments filed 9/11/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that Shyu does not disclose a headband and hairband having the same elasticated fabric material is not persuasive. Shyu in Figure 7 teaches “made of a cloth, having a hair hoop body 2 in the form of a big loop for immobilizing a person’s hair and a hair retainer 21 in the form of a small loop” further in claims 11 and 12 Shyu discloses “said hair hoop body and said hair retainer are formed of a piece of narrow cloth…said narrow elongated cloth is an elastic cloth”. Henderson was relied upon the teaching of sewing to be obvious matter of attachment for the connection of the large hoop to the small hoop well within the level of knowledge one having ordinary skill in the art.
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 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
10/6/2025