DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/27/26 has been entered.
Priority
This application repeats a substantial portion of prior Application No. 17406856, filed 8/19/21, and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it properly constitutes a continuation-in-part of the prior application. Applicant’s claim to the benefit of the filing date of the prior application under 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. is acknowledged.
It is noted, however, that applicant’s originally filed disclosure does not provide support for a: “flatlock stitched seam and stretchable thread” nor “a center back panel and a center front panel” as required by claim 1 (the only independent claim), “a front panel in combination with a center back panel and center front panel” as required by claims 2-5, “a nape panel in combination with a center back panel and center front panel” as required by claims 6-9, so the current pending claims have an effective filing date of 1/16/24.
Drawings
The replacement drawings received on 12/29/25 remain objected to:
Replacement figure 17A is objected to for adding “224” and “226” when they were not previously present nor clearly illustrated in original Figure 17A.
Replacement figure 17C is objected to for adding “222” when not previously present nor clearly illustrated in original Figure 17C.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “lace” in combination with the features of claim 1 presented by claim 4 (currently only the embodiment of Figure 1 has “lace edging”, there is no “lace edging” in the embodiment that has the “generally rectangular center back panel” – it appears applicant is attempting to combine embodiments without drawing support, which is improper), the “headband” of claim 11 in combination with the panels of claim 1 (while the embodiment of Figure 1 has a headband, it does not have the panels set forth in claim 1, again it appears applicant is attempting to combine embodiments without drawing support, which is improper) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-11 is/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 pre-AIA the applicant regards as the invention.
Claim 1: was amended to recite “panel edges” three separate times; however, the claims already require “a left curved edge, a first side of the center back panel, a right curved edge, a second side of the center back panel, a center curved edge, an edge formed by the joined right side panel and left side panel and center back panel” so are these newly recited “panel edges” new edges? Or are these the previously recited edges? Are the ones referenced in the first clause the same as the ones in the second clause? The metes and bounds of the claims are impossible to determine. Clarification or correction is requested.
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 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 and 103 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
103: 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, 6, and 10-11, as best understood, is/are rejected under 35 U.S.C. 103 as obvious over Esashika (WO 2016021497) in view of Grzych (“Overlocker for Beginners-The Flatlock Stitch”, https://weallsew.com/overlocker-for-beginners-the-flatlock-stitch/, published June 15, 2020, accessed 1/14/26).
Regarding the language “a flatlock stitched seam”, in the claims, the applicant is advised that, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In this case, the cited limitations failed to distinguish the claimed structure from the patented device of Esashika because they both have seams which require stitches and the seams/stitches in both the reference and applicant’s device are both formed from thread. Therefore the structures are the same. See MPEP § 2113.
Claim 1: Esashika discloses a wig cap (1) for use with hair fibers to form a wig (see abstract), comprising: a “generally rectangular” center back panel (10+12) of stretchable material (Page 8, 3-8; note that applicant’s own “generally rectangular” shape has curved edges, so Esashika teaches a “generally rectangular” center back panel (10+12) in as much as applicant does) and the center back panel is configured to extend from a wearer’s nape to the wearer’s crown; a right side panel (14) of stretchable material (Page 8, 3-8) having a left curved edge that is joined to a first side of the center back panel by a seam (Page 4, 10-15) formed with elastic thread (Page 8, 3-8); a left side panel (14) of stretchable material (Page 8, 3-8) having a right curved top edge that is joined to a second side opposite the first side of the center back panel (12) by a seam (Page 4, 10-15) formed with elastic thread (Page 8, 3-8); and a center front panel (11) that is joined to the right side panel, left side panel and center back panel using elastic thread (Page 4, 10-15 & Page 8, 3-8) forming seams and the wig cap is stretchable so it is interpreted to be “tailored to planes and curves of a human skull”. Esashika also discloses that the panel (10) can be in the shape of a star (see Fig 2b) which would result in the center front panel being a “generally triangular”. The office also notes that applicant’s own “generally triangular” shape is illustrated as a rounded half-moon type shape (see Figs 16-17) and that is what is illustrated as the shape of the center front panel of Esashika in Figure 1. So Esashika is interpreted to teach this shape in as much as applicant does. Seams of stretchable thread are used to secure the panels together as outlined above.
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Since applicant continues attempting to argue and assert that “flatlock stitches” or “flatlock seams” are a definite structure beyond simply a stitched seam and has now gone into functionally claiming how the fabric and thread work in that particular seam; Grzych, explicitly teaches that flatlock stitches are known to be used on “super-fitted items like active wear” or items that are meant to fit snugly on a person’s head. So it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the wig cap of Esashika to specifically use flatlock stitches for the already disclosed stitches and seams since Esashika says any seams/stitches can be used and Grzych teaches flatlock stitches are old and well-known to be used in tight fitting items, which wigs are known to be.
Applicant’s most recent amendment requiring “such that panel edges completely encase the thread” is a byproduct of flatlock stitches according to applicant’s own disclosure [0041]. According to applicant’s disclosure this is the meaning of stitching with flatlock stitches [0041] “panels are joined using a flat lock stitch with stretchable threads, which means that the edges of the fabric completely encased the stitching and threads”. Therefore, this is simply what happens when flatlock stitching is used, which is precisely what is taught by the prior art. So the proposed combination teaches these limitations.
Claim 2: Modified Esashika discloses the cap of claim 1 and Esashika further discloses the wig cap further comprising a front panel (see annotations) joined to the center front panel, the right side panel, and the left side panel using a stitched seam (Page 4, 10-15) and elastic thread (Page 8, 3-8).
Claim 6: Modified Esashika discloses the cap of claim 1 and Esashika further discloses the wig cap further comprising a nape panel (see annotations) joined to the center back panel, the right side panel and the left side panel using a stitched seam (Page 4, 10-15) and elastic thread (Page 8, 3-8).
Claim 10: Modified Esashika discloses the cap of claim 1 and Esashika further discloses the stretchable material being a spandex mesh (Page 5, 8-15).
Claim 11: Modified Esashika discloses the cap of claim 1 and Esashika further discloses the wig cap further comprising a headband (see annotations) of stretchable material (Page 8, 3-8) attached around a circumference of the cap with a stitched seam (Page 4, 10-15) of elastic thread (Page 8, 3-8) and a circumference of the cap is also defined by edges of all the panels (see figure below).
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Claim(s) 5 and 9, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Esashika (WO 2016021497) in view of Grzych (“Overlocker for Beginners-The Flatlock Stitch”, https://weallsew.com/overlocker-for-beginners-the-flatlock-stitch/, published June 15, 2020, accessed 1/14/26) as applied to claim 2 and 6 above and further in view of Newman (US 20110120485).
Claims 5 and 9: Modified Esashika discloses the invention essentially as claimed except for bendable stays in the front panel and the nape panel. Newman, however, teaches a wig cap (90) comprising: a center back panel (22) of stretchable material [0028 & 0032], a right side panel (76) of stretchable material [0028 & 0032] stitched [0031] to a first side of the center back panel; a left side panel (66) of stretchable material [0028 & 0032] stitched [0031] to a second side opposite the first side of the center back panel; and a center front panel (44) of stretchable material [0028 & 0032] stitched [0031] to the right side panel, left side panel, and center back panel (see Figs 2-6). The wig cap is stretchable [0028 & 0032] and Newman further discloses the cap including a nape panel (54) carrying a series of bendable metal stays [0037], as well as the right and left side panels including these stays [0037] in order to allow for a more customized fit in use [0037]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the wig cap of Esashika by providing it with stays in the various panels in view of Newman in order to allow for a more customized fit during use.
Modified Esashika discloses the invention essentially as claimed except for additional stays in the front panel. However, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the cap of modified Esashika by providing additional stays in the front panel, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. See MPEP 2144.04(VI)(B).
Claim(s) 3 and 7-8, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Esashika (WO 2016021497) in view of Grzych (“Overlocker for Beginners-The Flatlock Stitch”, https://weallsew.com/overlocker-for-beginners-the-flatlock-stitch/, published June 15, 2020, accessed 1/14/26) as applied to claims 2 and 6 above and further in view of Paris (US 20090199861).
Claims 3 and 7: Modified Esashika discloses the invention essentially as claimed except for the cap including silicone on the front panel and the nape panel. Paris, however, teaches a wig cap (10) made of lace and the lace is coated in silicone on a front and a nape of the cap [0011 & 0054 & 0057] in order to provide a smooth and comfortable fit [0055]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the cap of modified Esashika by providing the front panel and nape panel with silicone in view of Paris in order to provide a smooth and comfortable fit.
Claim 8: Modified Esashika discloses the invention essentially as claimed except for elastic tape on an edge of the center back panel. Paris, however, teaches attaching double sided tape [0054], which is known to be elastic to some degree, to the silicone surfaces [0011 & 0054 & 0057] which include surfaces on the center back panel (see Figs 2-12) in order to help hold the cap in place during use. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the cap of modified Esashika by providing it with elastic adhesive tape on edges of the cap in view of Paris in order to secure the cap to a user’s head.
Claim 4, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Esashika (WO 2016021497) in view of Grzych (“Overlocker for Beginners-The Flatlock Stitch”, https://weallsew.com/overlocker-for-beginners-the-flatlock-stitch/, published June 15, 2020, accessed 1/14/26) as applied to claim 2 above and further in view of Twersky (US 20110186066).
Claim 4: Modified Esashika discloses the invention essentially as claimed except for the cap including lace edging on an edge of the center front panel. Twersky, however, teaches providing wig caps with welded lace edges (12) [0014], which the office interprets as “lace edging” on an edge of the center front panel in order to provide a more comfortable fit. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the cap of modified Esashika by providing it with lace edging in view of Twersky in order to provide a more comfortable fit during use.
Response to Arguments
Applicant's arguments filed 3/18/26 have been fully considered but they are not persuasive.
Applicant argues that the reference(s) fail to teach the newly presented limitation of “such that panel edges completely encase the thread”; however, this new limitation is confusing and unclear because of all the edges that were already set forth in the claims and the fact that no relationship is set forth between these previously recited edges and the new edges making it unclear how many edges are being claimed.
Furthermore, however, and more importantly applicant’s own disclosure explicitly states that the new language “such that panel edges completely encase the thread” is simply what happens when one flatlock stitches two things together because [0041] states, “the panels are joined using a flat lock stitch with stretchable threads, which means that the edges of the fabric completely encased the stitching and threads”. Therefore, if the proposed rejection teaches flatlock stitched seams, it teaches this limitation according to applicant’s disclosure. So this argument is not persuasive to overcome the rejection presented above.
Applicant argues there is a structural difference, but the proposed modification teaches flatlock stitched seams, rendering these arguments moot because the proposed rejection teaches the process and the end product.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Friday 10:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/ Primary Examiner, Art Unit 3772
Prosecution Insights