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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the fasteners comprising an adhesive fastener, tongue and groove fastener, a knotted fastener or a magnetic fastener must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, sets forth “vertical members configured to be removably attached to the one or more horizontal members via one or more vertical fasteners, wherein the vertical fasteners comprise an adhesive fastener, a tongue and groove fastener, a knotted fastener or a magnetic fastener”. Claim 14 sets forth the horizonal fastener can be a hook and loop fastener, it is unclear how the horizontal fastener can be connected to the vertical fastener when the hook and loop feature is not on the vertical fastener as well.
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) 1-3, 7-8, 13-15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferguson (US 6,708,696) in view of Hazan (US 2018/0070664).
Ferguson discloses a clip-in braid device comprising one or more horizontal member (14); one or more vertical member (12) configured to be removably attached to the one or more horizontal membes via one or more vertical fasteners (18, 20); and one or more device attachment members (26) removably attached to the horizontal member (i.e. can be removed by cutting the attachment) (see Figure 1). Claim 2, the horizontal member is comprised of a fibrous material (col. 3, lines 55-65). Claim 3, wherein the fibrous material is comprised of a vinyl, a canvas, a cashmere, a chenille, a chiffon, a cotton, a damask, a jersey, a lace, a linen, a wool, a modal, a polyester, a satin, a silk, a spandex, a suede, a tweed, a twill, a velvet, an acrylic, a modacrylic, a nylon, a polypropylene, a polyurethane, a polyvinyl chloride, a polyethylene, a vinylidene, a benzoate, an aramid, a rayon, an acetate, or a triacetate material (col. 3, lines 55-65). Claim 7, the vertical member is manufactured from a fibrous material (col. 3, lines 33-35). Claim 8, vertical member comprises an accessory (see Figure 1; ring member can be considered an accessory). Claim 15, the device attachment member is comprised of a claw clip, a snap clip, a hinged barrette, a banana clip, a double prong clip, an alligator clip, a duckbill clip, a rubberized clip, mini shaped clips, sectioning clips, a bobby pin, a French barrette or a U-shaped hairpin (26 (see Figures 1 and 3). Claim 18, the braided hairstyle is comprised of a medium box braid, a cornrow braid, a long bob box braid, a knotless box braid, a crochet box braid, a jumbo box braid, a French braid, a braided ponytail, a Dutch braid, a lemonade braid, a fishtail braid, a feed-in braid, a goddess braid, a braided bun, a Fulani braid, a waterfall braid, a yarn braid, a crown braid, a butterfly braid, a snake braid, a triangle box braid, a Senegalese twist braid, a halo braid, a side braid, a Ghana braid, a micro braid, an ombre braid, a tree braid, a small box braid, a bob braid, a passion twist braid, a feed-in braid, a butterfly box braid, a fishbone box braid or a dookie braid (see Figures 1 and 2). Claim 19, the braided hairstyle is manufactured in a blond, a red, an orange, a black, a brown, a white, a blue, a purple, a pink, an amber, a tan, a light brown or a dark brown color (col. 3, lines 50-60). Claim 20, a method of using a clip-in braid device, the method comprising the steps of attaching a vertical member to a horizontal member via a vertical fastener; attaching a horizontal member to a device attachment member via a horizontal fastener; attaching the device attachment members to a hair in a circular motion; and removing the device attachment members from the hair (col. 2 lines 45-65 and col. 3, lines 1-10; col. 4, lines 35-55).
Ferguson discloses the claimed invention except for the vertical fastener is comprised of magnetic. Hazen discloses a hair attachment device wherein the hair piece is attached to the member via magnetic fastener (paragraph 57). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the vertical fastener of Ferguson be magnetic fasteners as taught by Hazan to allow for easily removable attachment.
Claim(s) 4-6 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ferguson (US 6,708,696) in view of Hazan (US 2018/0070664) as applied to claims 1-3, 7-8, 13-15, and 18-20 above, and further in view of Mosser (US 2022/0211155).
Ferguson and Hazan discloses the claimed invention except for the clip-in braid device of further comprising an interior chain, the interior chain is positioned within the horizontal member, the interior chain is manufactured from a durable material. Mosser teaches a braid device comprising an internal chain device (paragraph 28) to assure structure support of the device. It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Ferguson be made with an internal chain as taught by Mosser to be flexible and ensure the integrity of the braid device. Regarding claims 9-10, Ferguson discloses the claimed invention except for the vertical member comprising an accessory. Mosser teaches accessories attached to braid devices (paragraph 43-46; see Figure 5). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Ferguson be made with accessories as taught by Mosser to allow for unique decorations to be applied to the user’s hair.
Response to Arguments
Applicant’s arguments 9/12/2025 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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
10/6/2025