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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “2014” and “3014” have been used to designate different structures in Figures 6 and 7, respectively. 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. 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.
Claims 1-16 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.
Claims 1-3,7-12 and 16 contain the trademark/trade name Velcro. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe corresponding portions of a hook and loop fastener and, accordingly, the identification/description is indefinite.
The term “soft” in claims 1 and 8 is a relative term which renders the claim indefinite. The term “soft” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. A material that may feel soft to one person may not feel soft to another person, as the term soft is subjective.
Claims 2 and 3 recite “a low edge of the cap” where it is unclear if this low edge is the same or different from the low edge of the cap recited in claim 1.
Claims 2 and 9 recite “second Velcro flaps” which implies there are first Velcro flaps; however, first Velcro flaps are not recited. It is unclear how there are second Velcro flaps without first Velcro flaps.
Claims 3 and 10 recite “two third Velcro strips of hooks” where describing them as “third” implies there are first and second Velcro strips; however, claim 1, from which claim 3 depends, does not recite first and second Velcro strips of hooks. Instead, claim 1 only recites “first Velcro pieces of hooks”. It is unclear how there can be third Velcro strips without first and second Velcro strips.
Claim 7 requires “any of the Velcro pieces, the Velcro flaps, and the Velcro strips is attached to the cap through a buffer layer”. There is insufficient antecedent basis for “the Velcro pieces”, “the Velcro flaps” and “the Velcro strips” in the claim. Claim 7 depends from claim 1, where claim 1 only recites “a first Velcro piece of hooks” and a first Velcro piece of loops”. It is noted that second Velcro flaps are recited in claim 2 and two third Velcro strips of hooks and two Velcro strips of loops are recited in claim 3, where claim 7 does not depend from claims 2 or 3. Additionally, it is unclear if the buffer layer in claim 7 is the same or different from the buffer layer in claim 1.
Claims 9 and 10 recite “a low edge of the cap” where it is unclear if this low edge is the same or different from the low edge of the cap recited in claim 8.
Claim 16 requires “any of the first Velcro pieces, the second Velcro flaps, and the third Velcro strips is attached to the cap through a buffer layer”. There is insufficient antecedent basis for “the second Velcro flaps” and “the third Velcro strips” in the claim. Claim 16 depends from claim 8, where claim 8 only recites “first Velcro pieces” and a first Velcro piece of loops”. It is noted that second Velcro flaps are recited in claim 9 and two groups of third Velcro strips are recited in claim 10, where claim 16 does not depend from claim 9 or claim 10. Additionally, it is unclear if the buffer layer in claim 16 is the same or different from the buffer layer in claim 8.
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, 4-9 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20220279882) and Wilson (US 20220330640).
Regarding claim 1, Kim et al. disclose a wig removal device comprising a cap (105) and a wig (artificial hair carrying structure which couples to exterior of cap 105), wherein the cap includes: a frontal piece (portion of 105 near forehead) made of soft flat net mesh material (Refer to paragraph 0019); a surrounding piece (left, right and back/nape portions of 105) attached to the frontal piece on right, left, and back sides of the frontal piece to form the cap, wherein the surrounding piece is made of a fabric net material; an elastic band (elastic band 125, Refer to paragraphs 0017 and 0022) located at low edge of the cap, the elastic band being enclosed by perimeter of the cap (Refer to Figures 1-6); however, Kim et al. do not disclose a first Velcro piece of hooks attached to a top part of the cap through a buffer layer the wig includes a first Velcro piece of loops attached to an inner part of the wig so that the first Velcro piece of hooks binds with the first Velcro piece of loops when the wig is placed on the cap.
Kim et al. teach artificial hair is coupled to an outer surface of the cap via any suitable method (Refer to paragraph 0018). Wilson discloses a similar wig removal device having a cap (204) with a plurality of first Velcro loop or hook pieces (208) attached to the cap via a buffer layer (202) (Refer to Figure 2) and a wig (unlabeled hair and 108, Refer to Figure 1) having a corresponding plurality of first Velcro hook or loop pieces (110 of Figure 1, 308 of Figure 3A which shows the inner layer of the wig in isolation) on an inner part thereof which detachably couple to the plurality of first Velcro loop or hook pieces on the cap. Wilson depicts Velcro hook and loop pieces on a top portion of the wig and cap and also teaches “the number and location of the hooks, loops, hook and eye system, hook and loop fastener” “can be adjusted”; for example, they can be provided in additional locations (Refer to paragraphs 0024 and paragraphs 0006 and 0027). 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 system of Kim et al. such that the cap have a plurality of first Velcro piece of hooks attached to a top part through a buffer layer and the artificial hairs forming the wig be attached to the cap via first Velcro pieces of loops provided on an inner part of the wig as Wilson demonstrates this configuration is a well-known configuration for attaching a wig component/artificial hair to a cap.
Regarding claim 2, the combination of Kim et al. and Wilson disclose the wig removal device of claim 1, Kim et al. further disclose second Velcro flaps (115,120, Refer to Figure 2) , the Velcro flaps including a second Velcro flap of hooks (the one of 115,120 having the hook portion of Velcro) and a second Velcro flap of loops (the other of 115,120 having the loop portion of Velcro), the second Velcro flaps located at a backside and near a low edge of the cap, wherein one of the Velcro flaps is attached to a left side of the cap through a buffer layer (headband material at 135 to which the Velcro material is attached) and the other Velcro flap is attached to a right side of the cap through a buffer layer (headband material at 135 to which the Velcro material is attached) such that the two Velcro flaps are bindable with each other to adjust the cap size (Refer to Figure 2 and paragraph 0021).
Regarding claim 4, the combination of Kim et al. and Wilson disclose the wig removal device of claim 1, Kim et al. further disclose the surrounding piece includes three pieces sewn into one piece. As best shown in Figures 1, 2 and 4, the surrounding piece includes the left and right side pieces and the back portion of the central piece, where these three pieces are sewn together to form the depicted wig cap.
Regarding claims 5 and 6, the combination of Kim et al. and Wilson disclose the wig removal device of claim 1, wherein Kim et al. further disclose the fabric net material is selected from a group including a material, where the material is cotton (Refer to paragraph 0019). The claimed phrase “crochet material” is being treated as a product by process limitation; that is the material is made via a crocheting 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. The cap of Kim et al. appears to be a crocheted cap (Refer to Figures 1 and 2) but Kim et al. does not explicitly describe it as such; however, it is well-known and conventional to form such cap nets via crocheting and for this reason, 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 cap of the combination of Kim et al. and Wilson to be made by crocheting.
Regarding claim 7, the combination of Kim et al. and Wilson disclose the wig removal device of claim 1, wherein the Velcro pieces (buffer layer 202 per the teachings of Wilson as explained in the rejection of claim 1 above) and Velcro flaps are attached to the cap through a buffer layer (headband material at 135 to which the Velcro material is attached, Refer to rejection of claim 2 above).
Regarding claim 8, Kim et al. disclose a wig removal device comprising a cap (105) and a wig (artificial hair carrying structure which couples to exterior of cap 105), the device including: a frontal piece (portion of 105 near forehead) being part of the cap (105), wherein the frontal piece is made of soft flat net mesh material (Refer to paragraph 0019); a surrounding piece (left, right and back/nape portions of 105) attached to the frontal piece on right, left, and back sides of the frontal piece to form the cap, wherein the surrounding piece is made of a fabric net material; an elastic band (elastic band 125, Refer to paragraphs 0017 and 0022) located at low edge of the cap, the elastic band being enclosed by perimeter of the cap (Refer to Figures 1-6); however, Kim et al. do not disclose first Velcro pieces including a Velcro piece of hooks and a Velcro piece of loops, one of the Velcro pieces attached to a top part of the cap through a buffer layer and the other Velcro piece attached to an inner top part of the wig so that the first Velcro pieces bind the top part of the cap with the inner top part of the wig when the wig is placed on the cap.
Kim et al. teach artificial hair is coupled to an outer surface of the cap via any suitable method (Refer to paragraph 0018). Wilson discloses a similar wig removal device having a cap (204) with a plurality of first Velcro loop or hook pieces (208) attached to the cap via a buffer layer (202) (Refer to Figure 2) and a wig (unlabeled hair and 108, Refer to Figure 1) having a corresponding plurality of first Velcro hook or loop pieces (110 of Figure 1, 308 of Figure 3A which shows the inner layer of the wig in isolation) on an inner part thereof which detachably couple to the plurality of first Velcro loop or hook pieces on the cap. Wilson depicts Velcro hook and loop pieces on a top portion of the wig and cap and also teaches “the number and location of the hooks, loops, hook and eye system, hook and loop fastener” “can be adjusted”; for example, they can be provided in additional locations (Refer to paragraphs 0024 and paragraphs 0006 and 0027). 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 system of Kim et al. to provide first Velcro pieces including a Velcro piece of hooks and a Velcro piece of loops, one of the Velcro pieces attached to a top part of the cap through a buffer layer and the artificial hairs forming the wig be attached to the cap via the other Velcro piece attached to an inner top part of the wig engaging the one of the Velcro pieces on the cap as Wilson demonstrates this configuration is a well-known configuration for attaching a wig component/artificial hair to a cap.
Regarding claim 9, the combination of Kim et al. and Wilson disclose the wig removal device of claim 8, Kim et al. further disclose second Velcro flaps (115, 120, Refer to Figure 2) located at back and near a low edge of the cap, Velcro flaps including a Velcro flap of hooks (the one of 115,120 having the hook portion of Velcro) and a Velcro flap of loops (the other of 115,120 having the loop portion of Velcro), wherein one of the Velcro flaps is attached to a left side of the cap through a buffer layer (headband material at 135 to which the Velcro material is attached) and the other Velcro flap is attached to a right side of the cap through another buffer layer (headband material at 135 to which the Velcro material is attached) such that the two Velcro flaps are bindable with each other to adjust the cap size (Refer to Figure 2 and paragraph 0021).
Regarding claim 13, the combination of Kim et al. and Wilson disclose the wig removal device of claim 8, Kim et al. further disclose the surrounding piece includes three pieces sewn into one piece. As best shown in Figures 1, 2 and 4, the surrounding piece includes the left and right side pieces and the back portion of the central piece, where these three pieces are sewn together to form the depicted wig cap.
Regarding claims 14 and 15, the combination of Kim et al. and Wilson disclose the wig removal device of claim 8, wherein Kim et al. further disclose the fabric net material is selected from a group including a material, where the material is cotton (Refer to paragraph 0019). The claimed phrase “crochet material” is being treated as a product by process limitation; that is the material is made via a crocheting 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. The cap of Kim et al. appears to be a crocheted cap (Refer to Figures 1 and 2) but Kim et al. does not explicitly describe it as such; however, it is well-known and conventional to form such cap nets via crocheting and for this reason, 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 cap of the combination of Kim et al. and Wilson to be made by crocheting.
Regarding claim 16, the combination of Kim et al. and Wilson disclose the wig removal device of claim 8, wherein the Velcro pieces (buffer layer 202 per the teachings of Wilson as explained in the rejection of claim 8 above) and Velcro flaps are attached to the cap through a buffer layer (headband material at 135 to which the Velcro material is attached, Refer to rejection of claim 9 above).
Claims 3 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kim et al. and Wilson as applied to claims 1 and 8 above, and further in view of Kikuchi (US 6012460).
Regarding claim 3, the combination of Kim et al. and Wilson disclose the wig removal device of claim 1 above; however, the combination does not disclose two third Velcro strips of hooks attached to a low edge of the cap, wherein one end of one of the Velcro strips is adjacent to one side of the frontal piece and the one end of the other Velcro strip is adjacent to another side of the frontal piece, and two Velcro strips of loops attached to an inner part of the wig such that the Velcro strips of hooks interweave with the Velcro strips of loops correspondingly to bind the low edge of the cap with the inner part of the wig when the wig is placed on the cap.
Wilson is relied upon for the teaching of providing cooperating pieces of hook and loop fasteners (Velcro) on the cap and wig, where Wilson explains “the number and location of the hooks, loops, hook and eye system, hook and loop fastener” “can be adjusted”; for example, they can be provided in additional locations (Refer to paragraphs 0024 and paragraphs 0006 and 0027). Kikuchi discloses a similar wig and cap system, where a cap/base (5A) is provided in contact with the user’s head and the cap/base includes one component of a hook and loop fastener along a perimeter/lower edge and the wig is provided with the other component of the hook and loop fastener along a perimeter/lower edge, such that the corresponding portions of the fastener engage to secure the wig in place. Kikuchi explains the hook and loop fastener at the lower edge can extend from a left side adjacent the front piece (6) continuously along the back and terminating at a right side of the front piece (6), as shown in Figure 4 or a plurality of strips of hook and loop fastener can be provided in a spaced apart manner along the lower edge excluding the frontal piece as shown in Figures 7 and 8. 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 the combination of Kim et al. and Wilson to include third Velcro strips of hooks and third Velcro strips of loops on the lower edges of the cap and inner part of the wig, respectively, as claimed, since Wilson teaches additional pieces of Velcro can be provided at other locations and Kikuchi demonstrates it is well-known in the art to provide such Velcro pieces along the lower edge/perimeter.
Regarding claim 10, the combination of Kim et al. and Wilson disclose the wig removal device of claim 8 above; however, the combination does not disclose two groups of third Velcro strips, one of the groups including two of third Velcro strips of hooks, the other group including two of third Velcro strips of loops, wherein one group of the Velcro strips is attached to a low edge of the cap and the other group of the Velcro strips is attached to an inner part of the wig such that the Velcro strips bind the low edge of the cap with the inner part of the wig when the wig is placed on the cap.
Wilson is relied upon for the teaching of providing cooperating pieces of hook and loop fasteners (Velcro) on the cap and wig, where Wilson explains “the number and location of the hooks, loops, hook and eye system, hook and loop fastener” “can be adjusted”; for example, they can be provided in additional locations (Refer to paragraphs 0024 and paragraphs 0006 and 0027). Kikuchi discloses a similar wig and cap system, where a cap/base (5A) is provided in contact with the user’s head and the cap/base includes one component of a hook and loop fastener along a perimeter/lower edge and the wig is provided with the other component of the hook and loop fastener along a perimeter/lower edge, such that the corresponding portions of the fastener engage to secure the wig in place. Kikuchi explains the hook and loop fastener at the lower edge can extend from a left side adjacent the front piece (6) continuously along the back and terminating at a right side of the front piece (6), as shown in Figure 4 or a plurality of strips of hook and loop fastener can be provided in a spaced apart manner along the lower edge excluding the frontal piece as shown in Figures 7 and 8. 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 the combination of Kim et al. and Wilson to include third Velcro strips of hooks and third Velcro strips of loops on the lower edges of the cap and inner part of the wig, as claimed, since Wilson teaches additional pieces of Velcro can be provided at other locations and Kikuchi demonstrates it is well-known in the art to provide such Velcro pieces along the lower edge/perimeter.
Regarding claim 11, the combination of Kim et al., Wilson and Kikuchi disclose the device of claim 10 above, wherein the Velcro strips attached to the cap are the Velcro strips of hooks while the Velcro strips attached to the inner part of the wig are the Velcro strips of loops. One component of the hook and loop fastener strip is placed on the cap and the other is placed on the wig, where either component (hook or loop) is able to be placed in either location per the teachings of Kikuchi.
Regarding claim 12, the combination of Kim et al., Wilson and Kikuchi disclose the device of claim 10 above, wherein the Velcro strips attached to the cap are the Velcro strips of loops while the Velcro strips attached to the inner part of the wig are the Velcro strips of hooks. One component of the hook and loop fastener strip is placed on the cap and the other is placed on the wig, where either component (hook or loop) is able to be placed in either location per the teachings of Kikuchi.
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, Thomas Barrett can be reached at 571-272-4746. 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