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 .
Claim Rejections - 35 USC § 102
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 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, 2 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Truong. Truong discloses at col. 4, lines 3-7 a braid training tool comprising a wig cap configured to be placed on a mannequin (i.e. a head component), where the wig cap comprises a plurality of hair segments 14. Truong further discloses at col. 4, lines 63-65 that the hair segments my comprise hair, synthetic hair or yarn. Truong also discloses at col. 4, lines 33-55 the provision of right side hair segments 20, left side hair segments 22, and crown hair segments 24. These designations constitute a partition into segments.
With respect to claim 2, the hair segments of Truong are capable of being formed into a cornrow or a plait. While Truong does not explicitly recite these patterns, the pertinent claim language constitutes functional language reciting an intended use or purpose of the device, which is not sufficient to impart patentability under MPEP 2114 so long as the apparatus is capable of the recited function. With respect to claim 10, Truong discloses the recited method of interweaving the hair segments to form a braid.
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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Truong in view of Davis. Truong discloses the claim limitations with the exception of providing hair segments with different thicknesses or textures. This feature is known in the art, as taught for example by Davis at paragraphs [0004] and [0006] (teaching strands for training in shoelace tying, which is considered to be an analogous art, having different textures), and would have been obvious to one of ordinary skill in the art as an obvious substitution of one known element for another to achieve predictable results and for the purpose of providing a tactile indication of differing stranding to a user. With respect to claim 5, the provision of quadrant sections is considered to be an obvious variation on the teachings of the prior art. With respect to claim 6, Truong discloses a mannequin head as discussed above.
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Truong in view of Dana. Truong discloses the claim limitations with the exception of the head component being a container. This feature is known in the art, as taught for example by Dana at paragraphs [0025-27], and would have been obvious to one of ordinary skill in the art as an obvious substitution of one known element for another to achieve predictable results and for the purpose of allowing a user to conveniently store tools and other associated items in the device. The recited shape is considered to be an obvious aesthetic choice of design under MPEP 2144.04(I) as well as an obvious change in shape under MPEP 2144.04(IV)(B). With respect to claim 9, Truong discloses in each of the Figures that its plurality of strands has a length greater than the height of its mannequin head.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Truong in view of Dana, and further in view of Passage. Truong as viewed in combination with Dana discloses the claim limitations with the exception of providing an edge operative as a ruler. Passage discloses at col. 3, lines 1-8 a mannequin head for hairstyle training having a grid thereon which is configured for use as a measuring tool. The recited ruler is considered to be obvious in light of the measuring device taught by Passage. The recited location of the measuring device is considered to be an obvious rearrangement of elements under MPEP 2144.04(VI)(C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KURT FERNSTROM whose telephone number is (571)272-4422. The examiner can normally be reached M-F 10-6.
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/KURT FERNSTROM/Primary Examiner, Art Unit 3715
November 17, 2025