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 .
Response to Amendment
The amendments filed on September 15, 2025, have been entered.
The previously raised drawing objections have been withdrawn in light of the amendment submitted by the Applicant on September 15, 2025.
The previously raised claim objections have been withdrawn in light of the amendment submitted by the Applicant on September 15, 2025.
Claim Objections
Claim 1 line 9 should read “and extending away to a free end at a distal end of the set of teeth. ”. Correction is required to overcome this issue.
Claim 6 should read “The hair clasp of claim 1, further comprising at least one decorative item on [[the]] an outer portion.”. Correction is required to overcome this issue.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chudzik et al (US20120048291A1, hereinafter “Chudzik”).
Regarding claim 1. Chudzik discloses a hair clasp (abstract and embodiment of Fig 1-4) comprising: a substrate made of a flexible material (¶0007, body is made of a resilient/ bendable material) capable of going from a concave position to a convex position (Fig 2-3 and ¶0056, inner surface 110 of flexible body 102 is capable to change from a concave to a convex position), the substrate having an outer perimeter (Fig 1, outer perimeter 108), an inner surface (Fig 2, inner surface 110), an outer surface (Fig 2, outer surface 112), a body plane defined generally by the perimeter (¶0007), and a body axis generally central to the body and oriented generally perpendicular to the body plane (¶0007); and a set of teeth coupled to and extending (Fig 1, 118) from the substrate, the set of teeth attached to the inner surface of the substrate at a proximal end of the teeth (Fig 2, proximal ends of 118 are attached to inner surface 110), and extending away to a free end at a distal end of the teeth (Fig 2, 118 are extending away to a free distal end 124); the set of teeth comprises at least three or more teeth (¶0050) generally opposite one another on the substrate (Fig 1) such that the set of teeth allows for the substrate to be secured at a desired position relative to the scalp (Fig 4).
Chudzik is silent, in the embodiment shown in Fig 1-4, to the substrate is characterized by a central hole, the central hole being configured to allow gathered hair to pass through the center of the substrate when the flexible material is in an open position and thus the concave position, the set of teeth are arranged such that they substantially point away from the central hole, thereby facilitating insertion and arrangement of hair when the flexible material is in a closed position and thus the convex position, the set of teeth are arranged such that their distal ends substantially point towards the central hole, thereby securing the gathered hair.
Chudzik further teaches in another embodiment (Fig 9 and ¶0069) hair clasp (348. Hair clasp 100 is essentially identical to hair clasp 348) including the substrate is characterized by a central hole (350. The Examiner notes that the term “central” is being interpreted by “situated at, in, or near the center” according to its definition found in https://www.merriam-webster.com/dictionary/central. Hole 350 is situated near the center), the central hole (350) being configured to allow gathered hair to pass through the center of the substrate when the flexible material is in an open position and thus the concave position (The central hole 350 is capable to allow gathered hair to pass through the center of the substrate when the flexible material is in an open position and thus the concave position), the set of teeth are arranged such that they substantially point away from the central hole (Fig 9), thereby facilitating insertion and arrangement of hair when the flexible material is in a closed position and thus the convex position (Fig 3-4 and ¶0054), the set of teeth are arranged such that their distal ends substantially point towards the central hole, thereby securing the gathered hair (Fig 3-4) so that the shape and/or size of the holes 350 can vary. Likewise, the one or more holes 350 can be arranged differently relative to the body axis 116 and/or the center of the body 102. The holes 350 can be provided as an ornamental or aesthetic enhancement and/or to reduce the amount of raw material needed to make the hair clip 348. The holes 350 may also be strategically placed to affect or improve the over-center function of the body 102.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the hair clasp of Chudzik’s embodiment shown in Fig 1-4 and incorporate a central hole, as taught by the embodiment of Chudzik’s shown in Fig 9. Thus, would provide an ornamental or aesthetic enhancement and/or to reduce the amount of raw material needed to make the hair clip. The hole may also be strategically placed to affect or improve the over-center function of the body.
Regarding claim 2. Chudzik teaches the invention of claim 1. Chudzik further teaches the set of teeth comprises at least three teeth on at least one side of the substrate (Fig 1).
Regarding claim 3. Chudzik teaches the invention of claim 1. Chudzik further teaches the set of teeth comprises at least a pair of at least three teeth generally opposite one another on the substrate (¶0050, pair 104a and 104b) such that at least a portion of each tooth overlap with another teeth (¶0050 and Fig 3).
Regarding claim 4. Chudzik teaches the invention of claim 1. Chudzik further teaches the substrate is made of at least one of a rubber (¶0090).
Regarding claim 5. Chudzik teaches the invention of claim 1. Chudzik further teaches the set of teeth is made of a plastic (¶0091).
Regarding claim 6. Chudzik teaches the invention of claim 1. Chudzik further teaches in an alternative embodiment of Fig 10, a hair clasp device including at least one decorative item (Fig 10, 360) on the outer portion (Fig 10, 112) provide an adornment 360 coupled or attached to the body 102 to provide a more fashionable and trendy hair clip. In this example, the adornment 360 can be removably coupled or attached to the outer surface 112 of the body 102. The adornment 360 can be snapped, clipped, glued, or otherwise secured to the outer surface 112 or any other part of the body 102 (¶0070). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the outer portion of Chudzik’s hair clasp and incorporate at least one decorative item, as shown by the alternative embodiment of Fig 10 of Chudzik’s hair clasp, to provide a hair clip that can include an adornment 360 coupled or attached to the body 102 to provide a more fashionable and trendy hair clip.
Response to Arguments
Applicant's arguments filed September 15,2025, have been fully considered but they are not persuasive.
Applicant remark and argument: The Applicant alleges that Chudzik does not disclose or suggest, 'central hole being configured to allow gathered hair to pass through the center of the substrate', nor 'when the flexible material is in a closed position and thus the convex position, the set of teeth are arranged such that their distal ends substantially point towards the central hole, thereby securing the gathered hair, and the set of teeth comprises at least three or more teeth generally opposite one another on the substrate such that the set of teeth allows for the substrate to be secured at a desired position relative to the scalp' as now recited in amended independent claim 1.
In response: The Examiner disagree with the Applicant’s assertion.
Chudzik teaches in another embodiment (Fig 9 and ¶0069) hair clasp (348. Hair clasp 100 is essentially identical to hair clasp 348) including the substrate is characterized by a central hole (350. The Examiner notes that the term “central” is being interpreted by “situated at, in, or near the center” according to its definition found in https://www.merriam-webster.com/dictionary/central. Hole 350 is situated near the center), the central hole (350) being configured to allow gathered hair to pass through the center of the substrate (The central hole 350 is capable to allow gathered hair to pass through the center of the substrate).
Chudzik teaches in the embodiment of Fig 1-4, a substrate made of a flexible material (¶0007, body is made of a resilient/ bendable material), when the flexible material is in a closed position and thus the convex position (Fig 3-4 and ¶0054), the set of teeth are arranged such that their distal ends substantially point towards the central hole, thereby securing the gathered hair (Fig 3-4); the set of teeth comprises at least three or more teeth (¶0050) generally opposite one another on the substrate (Fig 1) such that the set of teeth allows for the substrate to be secured at a desired position relative to the scalp (Fig 4).
As mentioned above, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the hair clasp of Chudzik’s embodiment shown in Fig 1-4 and incorporate a central hole, as taught by the embodiment of Chudzik’s shown in Fig 9. Thus, would provide an ornamental or aesthetic enhancement and/or to reduce the amount of raw material needed to make the hair clip. The hole may also be strategically placed to affect or improve the over-center function of the body.
Applicant remark and argument: the Applicant alleges that Chudzik does not teach or suggest the specific overlapping configuration of teeth as required by amended claim 1.
In response: The Examiner disagree with the Applicant’s assertion.
The newly amended claim 1 does not positively recite the specific overlapping configuration of teeth. However, each tooth overlap with another teeth as shown in Fig 3 and described in ¶0050 (¶0050, “This is so the fingers 118a will overlap, mesh, or intertwine with the fingers 118b”).
Applicant remark and argument: the Applicant alleges that Chudzik does not teach or suggest the amended feature(s), nor does it disclose the specific configuration of decorative items on the outer portion, as recited in claim 6. Furthermore, there is no motivation to combine the teachings of Chudzik to arrive at these features.
In response: The Examiner disagree with the Applicant’s assertion.
Chudzik teaches the amended features of claim 1 as described above. Regarding claim 6, “at least one decorative item on the outer portion”, Chudzik further teaches in an alternative embodiment of Fig 10, a hair clasp device including at least one decorative item (Fig 10, 360) on the outer portion (Fig 10, 112) provide an adornment 360 coupled or attached to the body 102 to provide a more fashionable and trendy hair clip. In this example, the adornment 360 can be removably coupled or attached to the outer surface 112 of the body 102. The adornment 360 can be snapped, clipped, glued, or otherwise secured to the outer surface 112 or any other part of the body 102. (¶0070).
The motivation to combined is to provide a hair clip that can include an adornment 360 coupled or attached to the body 102 to provide a more fashionable and trendy hair clip (¶0070).
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIM ASQIRIBA whose telephone number is (571)270-3416. The examiner can normally be reached on M-F 8-5 pm.
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/KARIM ASQIRIBA/Examiner, Art Unit 3772
/RACHEL R STEITZ/Primary Examiner, Art Unit 3772