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 Objections
Claims 8 and 16 are objected to because of the following informalities:
A typo occurs in claims 8 and 16 wherein “closed provided” should read “closed slits”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, 3, 8, 9, 10, 11 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tal (US 20170049207 A1) and in view of Evans (US 20220061430 A1).
Regarding claims 1 and 9, Tal discloses a hair scrunchie device and a method of providing and forming the device (abstract; figures 1, 4, 5; the structure being shown serves as the device formed in such a structure as claimed by claim 9) comprising:
a porous fabric covering 14 (paragraph 0064); and a tube 18 (figures 4 and 5) disposed within the fabric covering; wherein the porous fabric covering and the elastic tube are adapted to be formed into a closed loop (figure 1); and wherein the tube is hollow (figures 4 and 5) and defines an internal channel (at 16 for example in figure 4) adapted to contain liquid or gel contents (“oil” for example as in disclosure) and a plurality of pores (paragraph 0070), thereby allowing the liquid or gel to pass through the plurality of pores provided through the tube and radially out of the tube (paragraph 0070).
Tal is silent regarding the tube being elastic and the pores being formed in closed slits provided through the elastic tube and adapted to open as a plurality of open pores provided through the elastic tube when the elastic tube is stretched, thereby allowing the liquid or gel to pass through the plurality of pores provided through the tube and radially out of the tube
However, Evans teaches an analogous device in the field of wearable articles for dispensing a liquid or gel, wherein the article has a barrier layer with pores 16, wherein the pores 15 are formed in closed slits (paragraph 0020: “normally completely closed”) provided through the layer and adapted to open as a plurality of open pores provided through the layer when the layer is stretched (paragraph 0020-0021: “increase pressure” in layer “to effect dispensing of the liquid or gel”), thereby allowing the liquid or gel to pass through the plurality of pores provided through the layer and out of the layer (paragraph 0021: “increase pressure” in layer “to effect dispensing of the liquid or gel”). The layer of Evans is disclosed as having the pores normally completely closed when unpressurized and open when pressurized (paragraphs 0020-0021) wherein this is interpreted as the layer being elastic since it opens when pressurized and returns to normal position when unpressurized. The layer of Evans is also disclosed as being flexible in paragraph 0019). Evans discloses that the layer is flexible and that it’s flexibility provides for normally closed and biased port 18/slits 16. This combination of features would require the flexible layer to be elastic in order to have a normal/biased configuration.
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Tal by making the tube elastic with pores that are formed in closed slits provided through the elastic tube and adapted to open as a plurality of open pores provided through the elastic tube when the elastic tube is stretched, thereby allowing the liquid or gel to pass through the plurality of pores provided through the tube and radially out of the tube, as taught by Evans, for the purpose of keeping liquid or gel within the layer for longer when not in use and allowing a user to better control when the liquid or gel is dispensed.
Regarding claims 2 and 10, the device made obvious as set forth above is such that the liquid or gel that passes radially out of the elastic tube is allowed to pass through the porous fabric covering to hair of a wearer of the hair scrunchie device (Tal: paragraph 0068).
Regarding claims 3 and 11, Tal discloses the porous fabric covering is adapted to retain a portion of the liquid or gel for a period of time (paragraph 0069).
Regarding claims 8 and 16, the device made obvious as set forth above is such that the elastic tube defines the internal channel adapted to contain the liquid or gel contents and the plurality of pores closed provided through the elastic tube are adapted to open as the plurality of open pores provided through the elastic tube when the elastic tube is stretched in an axial direction, thereby reducing the lateral radius of the elastic tube and the internal channel (the device as made obvious would inherently be able to stretch in this manner and have the result as claimed; the device made obvious would have a flexible/elastic tube with slits normally closed and able to open only when pressure is applied; if such a device where stretched as claimed, the claimed process would necessarily occur).
Claims 4-6 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Tal (US 20170049207) in view of Evans (US 20220061430 A1) and further in view of Kuglen et al. (US 20100132729, hereinafter Kuglen).
Regarding Claim 4 and Claim 12, Tal as modified by Evans discloses the scrunchie as claimed in Claim 1 and the method as claimed in Claim 9, respectively. Tal discloses the elastic tube is formed into a closed loop (figure 1) but does not disclose the elastic tube is formed into a closed loop when ends of the elastic tube are joined together.
Kuglen discloses a connector (111, 112, 113, 114, 117; figure 20) of an elastic tube (13; figure 20), the elastic tube is formed into a closed loop when ends of the elastic tube are joined together (paragraph [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the connection of the elastic band of Tal/Evans to be the joined together of Kuglen in order to further secure the elastic without risk of detaching.
Regarding Claim 5 and Claim 13, Tal as modified by Evans discloses the scrunchie as claimed in Claim 1 and the method as claimed in claim 9. Tal does not disclose the elastic tube is formed into a closed loop when ends of the elastic tube are joined together with a barbed connector.
Kuglen discloses a connector (111, 112, 113, 114, 117; figure 20) of an elastic tube (13; figure 20), the elastic tube is formed into a closed loop when ends of the elastic tube are joined together with a barbed connector (paragraph [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the connection of the elastic band of Tal/Evans to be the barbed connector of Kuglen in order to further secure the elastic without risk of detaching.
Regarding Claim 6 and Claim 14, Tal as modified by Evans discloses the scrunchie as claimed in Claim 1 and the method as claimed in claim 9. Tal does not disclose the elastic tube is formed into a closed loop when ends of the elastic tube are joined together with a flexible plug.
Kuglen discloses a connector (111, 112, 113, 114, 117; figure 20) of an elastic tube (13; figure 20), the elastic tube is formed into a closed loop when ends of the elastic tube are joined together with a flexible plug (paragraph [0058] discloses that the female connector is composed of soft material such as latex which is flexible; snap connector also serves as a flexible plug since there is required to be flexibility when a snap occurs).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the connection of the elastic band of Tal/Evans to be the flexible plug of Kuglen in order to further secure the elastic without risk of detaching.
Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tal (US 20170049207) in view of Evans (US 20220061430 A1), further in view of Kraft et al. (US 20100180911, hereinafter Kraft).
Regarding Claim 7, Tal as modified by Evans discloses the scrunchie as claimed in Claim 1. Tal discloses the tube is formed into a closed loop (figure 1) but does not disclose the elastic tube is formed into a closed loop when ends of the elastic tube are joined together with one or more of stitching, welding, an adhesive, and a crimping band.
Kraft discloses a hair scrunchie device (figure 1) comprising: a covering (24; figure 1); and an elastic tube (22; figure 2; Paragraph [0008] discloses the core is an elastic core), the elastic tube is formed into a closed loop when ends of the elastic tube are joined together with one or more of stitching and an adhesive (paragraph [0018]).
It would have been obvious to one of ordinary skill in the art to have modified the tube of Tal/Evans to have the elastic tube formed into a closed loop when ends of the elastic tube are joined together with one or more of stitching and an adhesive as taught by Kraft as it is well known and commonly done in the art to ensure the elastic of the hair tie does not break during use.
Regarding Claim 15, Tal as modified by Evans discloses the method as claimed in Claim 9. Tal discloses the tube is formed into a closed loop (figure 1) but does not disclose the elastic tube is formed into a closed loop when ends of the elastic tube are joined together with one or more of stitching, welding, an adhesive, and a crimping band.
Kraft discloses a hair scrunchie device (figure 1) comprising: a covering (24; figure 1); and an elastic tube (22; figure 2; Paragraph [0008] discloses the core is an elastic core), the elastic tube is formed into a closed loop when ends of the elastic tube are joined together with one or more of stitching and an adhesive (paragraph [0018]).
It would have been obvious to one of ordinary skill in the art to have modified the tube of Tal/Evans to have the elastic tube formed into a closed loop when ends of the elastic tube are joined together with one or more of stitching and an adhesive as taught by Kraft as it is well known and commonly done in the art to ensure the elastic of the hair tie does not break during use.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of the claims as previously set forth have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the teachings of Evans as set forth above.
Conclusion
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/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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