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 § 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.
Claims 1, 3, 4, 6-14 are 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 requires “the inner holding strip extends in the nature of a secant at least in sections”, where it is unclear what is intended by “in the nature of”. In claim 3, it is unclear if the first clause of claim 3 requiring the straight middle portion and the angled two end portions occurs in the closed or the open configuration.
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.
Claims 1, 4, 6, 7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scheanblum (US 1357349).
Regarding claim 1, Scheanblum discloses a ponytail holder (Refer to Figures 1-5) moveable between an open state and a closed state, which in the closed state has an annular shape and is formed from an outer and an inner holding strip (outer holding strip 1,2,3,8 and inner holding strip 6,7), between which the hair forming a ponytail can be received, wherein the outer holding strip (1,2,3,8) is continuous with two end portions (portions of 1 adjacent 2,3 and 8) and is provided with a respective closure formation (2,3,8) extending from at least one of the end portions so that the end portions are fixed to each other in the closed state (Refer to Figures 4 and 5), and wherein the inner holding strip (6,7) is connected to the outer holding strip inwardly of and short of the closure formations (6,7 are disposed short of and radially inwardly with respect to 2,3,8) to form an incomplete inner loop (as best shown in Figures 3 and 4, the ends of 6,7 adjacent to 2,8 are spaced apart and therefore form an incomplete loop), wherein the outer holding strip has a curved shape in the closed state of the ponytail holder and the inner holding strip extends in the nature of a secant at least in sections (Refer to Figures 3 and 4, a secant is a line that intersects a curve at a minimum of two distant points, the linear sections of 7 and 6 “extend in the nature of a secant” as each linear section intersects the curve and if extended further, would intersect at another distant point), and wherein the inner holding strip (6,7) and the outer holding strip (1,2,3,8) are formed as one piece.
Regarding claim 4, Scheanblum discloses the two holding strips are connected to each other by a material bridge (4, Refer to Figures 3 and 4).
Regarding claim 6, Scheanblum discloses the closure formed by the closure formations (2,3,8) include a hook fastener (8, Refer to Figures 3 and 4).
Regarding claim 7, Scheanblum discloses the closure is formed from the material of the holding strips (Refer to Figures 3-5).
Regarding claim 9, Scheanblum discloses the inner holding strip is provided with an insert (fabric covering 6,7, Refer to page 1 lines 80-81).
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 1, 3, 4, 6, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Sonstegard et al. (US 20150096586) and Horman (US 6311699).
Regarding claim 1, Sonstegard et al. disclose a ponytail holder (Refer to Figures 1, 2, 11 and 12) moveable between an open state and a closed state, which in the closed state has an annular shape and is formed from an outer and an inner holding strip (12,14), between which the hair forming a ponytail can be received, wherein the outer holding strip (12) is continuous with two end portions (opposing ends of 12) and is provided with a respective closure formation (22,24) extending from at least one of the end portions so that the end portions are fixed to each other in the closed state, and wherein the inner holding strip (14) is connected to the outer holding strip (12) inwardly of the closure formations (22,24) (the inner holding strip is connected at a radially inward location relative to the closure formations, Refer to Figures 1, 2, 11 and 12), wherein the outer holding strip (12) has a curved shape in the open state of the ponytail holder and the inner holding strip (14) extends in the nature of a secant at least in sections (end portions of 14 extend in the nature of a secant, Refer to Figures 1 and 11); however, Sonstegard et al. do not disclose the two holding strips are made in one piece and that the inner holding strip is connected short of the closure formations to form an incomplete inner loop.
Sonstegard et al. explain that the holding strips are attached to each other at their ends (Refer to paragraph 0032). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the ponytail holder of Sonstegard et al. such that the two holding strips be made in one piece, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art.
Sonstegard et al. provide one end of the inner holding strip short of the closure formation; however, the other end of the inner holding strip is not short of the closure formation and the inner loop does not form an incomplete loop. Horman discloses a similar ponytail holder providing an outer strip (11,12; 53,54; 63,64; 94; outer strip of 100) having closure formations provides at ends of the outer strip and an inner strip (15; 51,52; 61,62; 91,92; 101; 111) connected to the outer loop inwardly of the closure formations (Refer to Figures 1-18). Horman teaches the inner strip may be disposed in a similar arrangement as Sonstegard et al. where one end of the inner strip is disposed short of the closure formation and the other end of the inner strip is not disposed short of the other closure formation (Refer to Figures 3, 8, 10, 14 and 15) or both ends of the inner strip may be disposed short of the closure formation (Refer to Figures 17 and 18) such that the inner loop forms an incomplete loop (opposing ends of the inner loop are spaced apart in the closed configuration due to the presence of the closure formation between the ends, thereby forming an incomplete loop). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ponytail holder of Sonstegard et al. such that the inner strip be dis[posed short of the closure formations to form an incomplete loop as Horman demonstrates the claimed configuration is a functionally equivalent obvious variant of the configuration disclosed by Sonstegard et al.
Regarding claim 4, the combination of Sonstegard et al. and Horman disclose the ponytail holder of claim 1 above, Sonstegard et al. further disclose the two holding strips are connected to each other by a material bridge (material between/interfacing 14,12 as formed in one piece per claim 1).
Regarding claim 6, the combination of Sonstegard et al. and Horman disclose the ponytail holder of claim 1 above, Sonstegard et al. further disclose the closure formed by the closure formations (22,24) is configured like a hook (Refer to Figures 1, 2, 11 and 12).
Regarding claim 8, the combination of Sonstegard et al. and Horman disclose the ponytail holder of claim 1 above, Sonstegard et al. further disclose the holding strips consist of a flexible plastic material (Refer to paragraph 0051).
Regarding claim 9, the combination of Sonstegard et al. and Horman disclose the ponytail holder of claim 1 above, Sonstegard et al. further disclose the inner holding strip (14) is provided with an insert (cloth or fabric covering, Refer to paragraph 0032).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Sonstegard et al. and Horman as applied to claim 1 above and further as evidenced by Solomon (US 2805673).
Regarding claim 7, the combination of Sonstegard et al. and Horman disclose the ponytail holder of claim 1 above; however, Sonstegard et al. do not provide the closure formed from the material of the holding strips. It is well-known and conventional in the art to provide the closure formed of the same material as the strip forming the ponytail holder as evidenced by Solomon (published in 1957). The ponytail holder of Solomon provides a holding strip with a protruding/male closure element at one end and a corresponding female closure element(s) where the closure and strip are made of the same flexible material (Refer to Figures 1-4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ponytail holder of the combination of Sonstegard et al. and Horman such that the closure be formed from the material of the holding strips as Solomon demonstrates such a configuration is well-known and conventional in the art; furthermore, 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.
Claims 9-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Sonstegard et al. and Horman as applied to claim 1 above, and further in view of Sonstegard (US 6401726).
Regarding claims 9-11 and 13, the combination of Sonstegard et al. and Horman disclose the ponytail holder of claim 1; however, the combination does not disclose the inner holding strip is provide with an insert that is non-detachably connected thereto, where the insert consists of a material having a compressibility that is higher than that of the material of the first and second holding strips. Sonstegard et al. disclose the inner and outer holding strips made of closed cell foam (Refer to paragraph 0033) or “rubber-like material such as a thermoplastic elastomer” (Refer to paragraph 0051). Sonstegard discloses a similar ponytail holder providing holding strips (upper and lower portions of 14) made of flexible material, where a compressible open cell foam insert (38) is adhesively bonded to the holding strips to provide a desired coefficient of friction with respect to the hair (Refer to Abstract). The compressible open cell foam material has a compressibility which is higher than that of the material used to construct the holding strips. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ponytail holder of the combination of Sonstegard et al. and Horman such that the inner holding strip have an insert non-detachably connected thereto (by adhesive bonding), where the material of the insert is more compressible than the material of the strips as taught by Sonstegard in order to provided a desired coefficient of friction so as to ensure appropriate gripping of the hair.
The claimed phrase “by adhesive bonding or owing to its manufacture by means of a two-component injection molding process” is being treated as a product by process limitation; that is, the insert is non-detachably connected to the inner holding strip via an adhesive bonding process or a two-component injection molding process. As set forth in MPEP 2113, product by process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 USC 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. MPEP 2113. It is noted that the combination of Sonstegard et al., Horman and Sonstegard provide the insert adhesively bonded to the strip.
Claims 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Sonstegard et al. and Horman as applied to claim 1 above, and further in view of Hurwitz (US 20100277944).
Regarding claim 12, the combination of Sonstegard et al. and Horman disclose the ponytail holder of claim 9 above; however, the combination is silent regarding the insert being connected to the inner holding strip by means of a releasable fastening formation having projections that are clipped into associated openings. Sonstegard et al. teach the insert is cloth or fabric which may be plain or decorative (Refer to paragraph 0033) but does not specify how the insert is connected (e.g. releasably or permanently). Hurwitz discloses various hair fasteners where a layer (21) is removably coupled to the fasteners, via hook and loop fastening, snap fasteners, buttons or other mechanical devices for fasteners, in order to allow a user to change the look of the design, pattern, material, texture, etc. (Refer to paragraphs 0051 and 0057). Per their construction, snap fasteners provide a male element (projection) that in clipped/snapped into a female element (opening) and hook and loop fasteners similarly provide a projection (hook) that clip/fasten into associated openings (loops and spaces therebetween). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ponytail holder of Sonstegard et al. such that the insert be releasably fastened via a snap fastener or hook and loop fastener, which provide projections that clip/fasten into associated openings, as taught by Hurwitz in order to allow the user to customize the holder based on the desired characteristics and/or look they wish to achieve.
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 12/8/2025 have been fully considered but they are not persuasive.
Argument: Scheanblum does not disclose the inner holding strip extend in the nature of a secant at least in sections because a secant is also coplanar with its circle. Support 6 protrudes at an angle from the plane of the outer ring 1 and thus does not comprise any sections extending in the manner of a secant.
Response: A secant is a line cutting a curve at two or more points (Refer to Meriam-Webster dictionary). The linear sections of 7 and 6 “extend in the nature of a secant” as each linear section intersects the curve and if extended further would intersect at another distant point. This configuration is similar to Applicant’s configuration. If Applicant does not wish for such interpretation to be applicable then the claim must be amended to recite specific structures and/or structural arrangements which are not covered by the disclosure of Scheanblum.
Argument: Scheanblum does not provide the inner strip being inwardly of and short of the closure formations so as to form an incomplete loop as required by the amended claim language.
Response: The inner loop is considered to be elements 6 and 7, and the closed formations are elements 2,3 and 8. In the closed configuration, as shown in Figure 4, the ends of 6 (which are adjacent 2 and 8) are spaced apart such that the closure formations (2,8) are disposed between the ends of 6, thereby forming an incomplete loop
Argument: Sonstegard does not disclose the inner holding strip extends in the nature of a secant at least in sections.
Response: A secant is a line cutting a curve at two or more points (Refer to Meriam-Webster dictionary). End portions of 14 extend in the nature of a secant, Refer to Figures 1 and 11, as they extend as lines and cut or intersect the curve/circle that is formed by the remainder of the inner strip at least at two points.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TATIANA L NOBREGA whose telephone number is (571)270-7228. The examiner can normally be reached M-F 8am-4pm.
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, Eric Rosen can be reached at 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799
Prosecution Insights