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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim limitation “mechanism that causes the first and second clamping bodies to pivot with respect to each other ” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “mechanism” coupled with functional language “to pivo” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 18 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: a hinge (Refer to page 28 and Figure 6).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-18 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 recites the limitation "the second hair clamping member" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 6 and 13-16 recite “the hair clamping body” where it is unclear if this recitation intends to refer to the first hair clamping body, the second hair clamping body, both or another hair clamping body entirely. Additionally, claims 6 and 13-16 recites “a plurality of ornament body mounting portions” where it is unclear if these mounting portions are the same or different from the first ornament body mounting portions and/or the second ornament body mounting portions.
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 1-5, 7-12, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plotcher (US 20050066991).
Regarding claim 1, Plotcher discloses an ornament tool comprising: an ornament body that includes an ornament member (154) and a hanging member (166); and a first hair clamping body (one of 180/182 or 190) that includes one first ornament body mounting portions (portion of body to which 166 is attached) to which the hanging member is mountable; and a second hair clamping body (other of 180/182 or 190) that includes one second ornament body mounting portions (portion of body to which 166 is attached) to which the hanging member is mountable, wherein the first hair clamping body and the second hair clamping member are configured to be attachable to a head, the first hair clamping body comprises a first pair of hair holding members (upper portion of 180/182, bend and lower portion of 180/182 or 190 and remainder of 190 Refer to Figures 9-11), the first hair clamping body has a first end (end near bend of 180/182 or where 192 joins the other hair holding member forming 190) where the first pair of hair holding members are joined together and a second end (open end of 180/182 or end with free portion of 192) where the first pair of hair holding members are open, all the one first ornament body mounting portions are arranged on a surface of one of the first pair of hair holding members, the second hair clamping body is coupled to the first hair clamping body (Refer to Figures 7, 8, 9 and 14), the second hair clamping body comprises a second pair of hair holding members (upper portion of 180/182, bend and lower portion of 180/182 or 190 and remainder of 190 Refer to Figures 9-11), the second hair clamping body has a first end (end near bend of 180/182 or where 192 joins the other hair holding member forming 190) where the second pair of hair holding members are joined together and a second end (open end of 180/182 or end with free portion of 192) where the second pair of hair holding members are open, all the one or more second ornament body mounting portions are arranged on a surface of one of the second pair of hair holding members, the ornamental body is configured to be mounted to a selected one of the one or more first ornament body mounting portions and the one or more second ornament body mounting portions (Refer to Figures 5-15).
Regarding claim 2, Plotcher discloses the ornamne body is mounted to a selected one of the first ornament body mounting portions or second ornament body mounting portions (Refer to Figures 9-11).
Regarding claims 3 and 7, Plotcher discloses the hanging member has a length that is more than 3 cm (Refer to paragraph 0047).
Regarding claims 4, 8 and 9, Plotcher discloses the hair clamping body includes, and the one or more ornament first body mounting portions are located closer to the first end than to the second end of the hair clamping body (Refer to Figures 9-11).
Regarding claims 5 and 10-12, Plotcher discloses the first or second hair clamping body is a hair clip (Refer to Figures 9-11).
Regarding claim 17, Plotcher discloses each of the first and second hair clamping bodies is a snap clip (Refer to Figure 11 and paragraph 0058).
Regarding claim 18, Plotcher discloses a mechanism that causes the first and second hair clamping bodies to pivot with respect to each other (the hair clamping bodies are connected such that they can pivot with respect to one another, Refer to Figures 7, 8 and 9-11).
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, 2, 4, 5, 6, 8, 10, 12, 13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Conway (US 20120180805) and Kelly (US 0209483).
Regarding claims 1, 2 and 18, Conway discloses an ornament tool (Refer to Figures 1-3, 5A, 6-8 and 12-13) comprising: an ornament body (D) that includes an ornament member (beads, gems, etc.) and a hanging member (filament through which beads, gems, etc. are threaded and connecting portion/member which connects to aperture in hair clamping body); and a first hair clamping body (10,20; 40,50; 120; 200; 220,222; 252A, 254A, 256A, 258A; 280; 310; unlabeled embodiments, Refer to Figures 1-13) that includes one or more first ornament body mounting portions (80, 210, 260 on one of the pair of hair holding members forming each clamping body 10;20; 40,50; 206;208; 252A,254A;254A,254B near end 30) to which the hanging member is mountable, wherein the first hair clamping body is configured to be attachable to a head, the first hair clamping body comprises a first pair of hair holding members (10,20; 40,50; 206;208; 252A,254A;254A,254B), where the first pair of hair holding members are joined at a first end (end near 30) and open at a second end (end near 40,50), all of the one or more first ornament body mounting portions are arranged on a surface of one of the first pair of hair holding members (as explained above, the hair holding members are the apertures on one of the hair holding members of the clamping body, additionally Refer to paragraphs 0009, 0015, 0038, 0050), and the ornamental body is mounted to a selected one of the one or more first ornament body mounting portions).
However, Conway does not disclose a second hair clamping body having the same configuration as the first hair clamping body (pair of hair holding members joined at one end and open at the other end, one or more ornament body mounting portions on one of the hair holding members) coupled to the first hair clamping body, where the second hair clamping body is also configured to be attached to the head and a mechanism that cases the first and second hair clamping bodies to pivot with respect to each other. It is well-known and conventional in the art to provide two hair clamping bodies of the same configuration attached/joined to one another such that pivoting with respect to one another is permitted, as demonstrated by Kelly (Refer to Figures 1-2). The hair clamp of Kelly provides a first hair clamping body (one of A) and a second clamping body (other of A), where each of the first and second hair clamping bodies have a pair of hair holding members joined at one end and open at the other end, and the first and second hair clamping bodies are coupled to one another via a mechanism which permits the first and second hair clamping bodies to pivot with respect to each other. Kelly explains this configuration helps secure the pins/clamping bodies in the hair and prevents accidental removal thereof (Refer to second paragraph on page 2). 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 device of Conway such that a second hair clamping body of the same/similar configuration as the first hair clamping body be provided and attached to the first hair clamping body such that pivoting with respect to one another is permitted as Kelly (published in 1878) demonstrates such a configuration is well-known in the art and provides the benefit of improving securement of the clamping bodies in the hair.
Regarding claims 4 and 8, the combination of Conway and Kelly disclose the ornamental tool of claims 1 and 2 above, Conway further discloses the one or more ornament body mounting portions (aperture(s) 80, 210, 260 on one of the pair of hair holding members forming each clamping body 10;20; 206;208; 252A,254A;254A,254B near end 30) are located closer to the first end than to the second end of the first or second hair clamping body (Refer to Figures 1-3, 5A, 6-8 and 12-13).
Regarding claim 5, the combination of Conway and Kelly disclose the ornamental tool of claim 1 above, wherein the first hair clamping body or the second hair clamping body is a hair clip (Refer to Figures 1-3, 5A, 6-8 and 13).
Regarding claims 6, 13, 15, and 16, the combination of Conway and Kelly disclose the ornamental tool of claims 1, 2, 4 and 5 above, Conway further discloses the hair clamping body comprising a plurality of ornament body mounting portions (other aperture(s) 80, 210, 260) configured such that the hanging member of the ornament tool is mountable, the hair clamping body being configured to be attachable to a head (Refer to Figures 1-3, 5A, 6-8 and 13).
Regarding claims 10 and 12, the combination of Conway and Kelly disclose the ornamental tool of claims 2 and 4, where the first hair clamping body or the second hair clamping body is a hair clip (Refer to Figures 1-3, 5A, 6-8 and 13).
Regarding claim 17, the combination of Conway and Kelly disclose the ornamental tool of claim 1 above, wherein each of the first hair clamping body and the second hair clamping body is a snap clip (Refer to Figures 1-3, 5A, 6-8 and 13).
Claims 1-16 and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sartena (US 6581611) and Silva (US 20040255968).
Regarding claims 1, 2 and 18, Sartena discloses an ornament tool comprising: an ornament body (25, 30, 40,41,42, 70, 80) that includes an ornament member (29, 31, 43, last one of 71, 81,82) and a hanging member (26,27, string portion of 30 not shown, 44, 72,71, 83); and a first hair clamping body (10, 50) that includes one or more first ornament body mounting portions (23, 24 or 53,62) to which the hanging member is mountable, the first hair clamping body comprises a first pair of hair holding members (11,12; 51,52), the hair clamping body has a first end (end near hinge) where the two hair holding members are joined together and a second end (end opposite hinge) where the two hair holding members are open, all the one or more first ornamental body mounting portions are arranged on a surface of the first pair of hair holding members, wherein the hair clamping body is configured to be attachable to a head and the ornamental body is mounted to a selected one of the one or more first ornamental body mounting portions (Refer to Figures 1-16).
However, Sartena does not disclose a second hair clamping body having the same configuration as the first hair clamping body (pair of hair holding members joined at one end and open at the other end, one or more ornament body mounting portions on one of the hair holding members) coupled to the first hair clamping body, where the second hair clamping body is also configured to be attached to the head and a mechanism that cases the first and second hair clamping bodies to pivot with respect to each other. It is well-known and conventional in the art to provide two hair clamping bodies of the same configuration attached/joined to one another such that pivoting with respect to one another is permitted, as demonstrated by Silva (Refer to Figures 1-6). The hair clamp of Silva provides a first hair clamping body (one 10,11,12 of Figures 1-2, one of 31-35 of Figure 3, one of 40,41 of Figure 4, one of 50-53 of Figure 5, one of 54,55 of Figure 6) and a second clamping body (other of 10,11,12 of Figures 1-2, other of 31-35 of Figure 3, other of 40,41 of Figure 4, other of 50-53 of Figure 5, other of 54,55 of Figure 6), where each of the first and second hair clamping bodies have a pair of hair holding members (15a,15b and 16a,16b) joined at one end (end near hinge) and open at the other end (end near opposite hinge), and the first and second hair clamping bodies are coupled to one another via a mechanism which permits the first and second hair clamping bodies to pivot with respect to each other (Refer to Figures 1-6, each of the hair clamping bodies is independently pivotable between a closed and open position). Silva explains that these multiple hair clamping bodies permit provide the benefit of clamping different sections of hair (Refer to Abstract). 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 device of Sartena such that a second hair clamping body of the same/similar configuration as the first hair clamping body be provided and attached to the first hair clamping body such that pivoting with respect to one another is permitted as Silva demonstrates such configurations are well-known in the art and provides the benefit of permitting securement of different sections of hair.
Regarding claims 3 and 7, the combination of Sartena and Silva disclose the ornamental tool of claims 1 and 2 above, Sartena further discloses the hanging member has a length that is more than 3 cm (Refer to col. 2 lines 51-55).
Regarding claims 4, 8 and 9, the combination of Sartena and Silva disclose the ornamental tool of claims 1-3 above, Sartena further discloses the hair clamping body includes, and the one or more ornament first body mounting portions (23,24 or 53,62) are located closer to the first end than to the second end of the hair clamping body (Refer to Figures 1-16).
Regarding claim 5, the combination of Sartena and Silva disclose the ornamental tool of claims 1 and 2 above, Sartena further discloses the first or second hair clamping body is a hair clip (Refer to Figures 1-16).
Regarding claims 6 and 13-16, the combination of Sartena and Silva disclose the ornamental tool of claims 1-5 above, Sartena further discloses the hair clamping body comprising a plurality of ornament body mounting portions (23,24 or 53,62) configured such that the hanging member of the ornament tool is mountable, the hair clamping body being configured to be attachable to a head (Refer to Figures 1-16).
Regarding claims 10-12, the combination of Sartena and Silva disclose the ornamental tool of claims 2-4 above, Sartena further discloses the hair clamping body is a hair clip (Refer to Figures 1-16).
Response to Arguments
Applicant's arguments filed 10/31/2025 have been fully considered but they are not persuasive.
Argument: Conway does not provide all of the ornament mounting portions are arranged on one of the pair of hair holding members. Conway does not provide a second hair clamping body.
Response: Other mounting portions may be provided as long as those mounting portions are not considered the first ornament body mounting portions or the second first ornament body mounting portions. Also, Conway teaches one or more apertures can be provided (Refer to paragraphs 0009 and 0015); therefore, in at least one instance there may be only one aperture existing in one position/location of one of the body portions.
The requirement of a second hair clamping body is newly added and was addressed in the rejection above per the teaching of Kelly.
Argument: Sartena provides openings in each of the clip elements, meaning the openings are present on both of the hair holding members, and not as currently claimed. Sartena does not provide two hair clamping bodies as presently claimed.
Response: As explained in the rejection above, the first ornament body mounting portions are considered to be openings 23 and 24 OR openings 53 and 62. When openings 23 and 24 are selected, the openings are on the same body portion; thus, the claim limitation is met. When openings 53 and 62 are selected, the openings are on the same body portion, thereby, meeting the requirements of the claim limitation.
The requirement of a second hair clamping body is newly added and was addressed in the rejection above per the teaching of Silva.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6305386 provides a hair clamping body having a pair of hair holding members where a plurality of ornament body mounting portions are only provided on one of the hair holding members (Refer to Figures 1-2).
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.
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/TATIANA L NOBREGA/Primary Examiner, Art Unit 3799