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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/609494, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Claim 1 recites “hair comb” and “wherein the decoration component is reflective”, which is not disclosed in the provisional application.
Claim 10 recites “hook and loop fastener” which is not disclosed in the provisional application.
Claim 11 recites “magnetic attachment” which is not disclosed in the provisional application.
Claim 12 recites “wherein the at least one of the plurality of decoration components is illuminated” which is not disclosed in the provisional application.
Accordingly, claims 1, 3-14, and 19 are not entitled to the benefit of the earlier filing date of the prior filed application and the effective filing date of claims 1, 3-14, and 19 is 02/08/2024.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 13, “the hair band accessory” should be amended as follows: “the hair
Claim 12 is objected to because of the following informalities: in line 22, “the hair band accessory” should be amended as follows: “the hair .
Appropriate correction is required.
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 10-11 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.
Regarding claim 10, lines 1-2 recite “wherein the decoration component is removably attached to the body component by a hook and loop fastener”. Claim 10 depends from claims 1-8, where claim 6 recites that “the plurality of through-holes act as a socket for accepting the post of the at least one decoration component” and claim 1 recites that the at least one decoration component comprises a post that is sized to fit within the plurality of through-holes, and claim 4 recites that “the plurality of through-holes which receive the at least one decoration component”. Thus, claim 10 is requiring the decoration component to be connected via a post in through-hole, in addition to a hook and loop fastener. In light of applicant’s specification, attachment of the decorative components via hook and loop fasteners is an alternative embodiment to attachment of the decorative components via a post that fits within a through-hole (refer to instant Paragraph [0046]). Thus, there is an inconsistency between the claimed subject matter of claim 10 and the specification, thereby rendering the scope of the claim uncertain. For purposes of substantive examination, claim 10 is interpreted in light of applicant’s specification, such that attachment of the decorative component via hook and loop is an alternative to the post that fits within a through-hole; alternatively, claim 10 is interpreted as requiring both a post and a hook and loop fastener.
Regarding claim 11, lines 1-2 recite “wherein the decoration component is removably attached to the body component by a magnetic attachment”. Claim 11 depends from claims 1-8, where claim 6 recites that “the plurality of through-holes act as a socket for accepting the post of the at least one decoration component” and claim 1 recites that the at least one decoration component comprises a post that is sized to fit within the plurality of through-holes, and claim 4 recites that “the plurality of through-holes which receive the at least one decoration component”. In light of applicant’s specification, attachment of the decorative components via magnetic attachment is described as being “In one embodiment” (refer to instant Paragraph [0047]), but not the same as the embodiment comprising a plurality of through-holes with the decoration components having a post adapted to engage with the through-holes i.e. an embodiment different from that described previously in paragraph [0046] of the instant specification. Thus, there is an inconsistency between the claimed subject matter of claim 11 and the specification, thereby rendering the scope of the claim uncertain. For purposes of substantive examination, claim 11 is interpreted as requiring the decorative component to be attached via magnetic attachment as an alternative to a post that fits in a through-hole; alternatively, claim 11 is interpreted as requiring both a post and magnetic connection.
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.
Claims 1, and 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Conway (US 2012/0180805) in view of Hurwitz (US 2010/0277944).
Regarding claim 1, Conway discloses an interchangeable (“interchangeable components”, refer to Paragraph [0006]) hair accessory (“hair accessory”, refer to Paragraph [0006]) device (10, 200, 280, 310a, 310b, 310c; Figures 1-13) that provides a user with customizable hair accessories, the interchangeable hair accessory device comprising:
a body component (20) configured as a hair accessory (the figures depict the device as either a hair clip or a hair comb); and
at least one decoration component (D + Sa + Sb, best shown in Figure 3);
wherein the body component comprises a plurality of through-holes (80, 80A, 80B, 80C, 80N; 210; 260) on an exterior surface;
wherein the at least one decoration component comprises a post (Sb) that is sized to fit within one of the plurality of through-holes (refer to Paragraphs [0013 and 0040]);
wherein the body component can receive a plurality of decoration components
(“An embellishment or a decoration can be secured to the aperture, including a flower or a bead or many other forms of ornamentation”, refer to Paragraph [0012]; additionally refer to Figure 3, wherein a plurality of decoration components, D, are shown to be attached to the accessory);
wherein attachment of more than one decoration component customizes a look of the body component (the limitation “wherein attachment of more than one decoration component customizes a look of the body component” is interpreted as an intended use/functional limitation; that is, Conway’s body component comprises a plurality of holes which may be used to attached different decoration components in different spacing configurations and different quantities, thereby permitting a user to customize a look of the body component);
wherein the hair band accessory is a hair clip (“The first and second bars can be
used to secure hair”, refer to Paragraph [0012]; additionally refer to Figures 1-3), a hair comb (refer to Figures 5A-13), or a scrunchie.
Conway does not disclose wherein the at least one decoration component is reflective; Conway does however disclose that the at least one decoration component may be “created artistically in almost unlimited materials”, thereby demonstrating that modifying the material of the decoration component is within the scope of the invention.
Hurwitz discloses a similar interchangeable (“interchangeable”, refer to Paragraph [0003]) hair accessory (“head bands, barrettes”, refer to Paragraph [0003]; additionally refer to Figures 1a-1d which depict a headband and Figures 2a-2d which depict a hair clip) that comprises a body component (11, Figure 1a; 200, Figures 2a-2d) and at least one detachable (“readily removably attached”, refer to Paragraph [0003]) decoration component (26, Figure 1a; 221, Figure 2a), wherein the decoration component may “have a plethora of designs and may include LED, fiber optic and/or reflective properties” (refer to the Abstract), where the reflective property of the decoration component provides “enhanced visibility and/or increased safety during dusk or nighttime hours” (refer to the 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 Conway’s accessory such that the at least one decoration component is reflective, as taught by Hurwitz, since such a modification provides the advantage of enhancing the visibility of the user during dusk and nighttime hours, thereby increasing the safety of the user.
Regarding claim 3, the combination of Conway and Hurwitz discloses the interchangeable hair accessory device of claim 1, as applied above. Conway further discloses wherein the body component comprises a proximal end (30, refer to Conway Figure 1), distal end (40 and/or 50, refer to Conway Figure 1) and a central section (section disposed between 30 and 40 and/or section disposed between 30 and 50, refer to Conway Figure 1).
Regarding claim 4, the combination of Conway and Hurwitz disclose the interchangeable hair accessory device of claim 3, as applied above. Conway further discloses wherein the central section of the body component comprises the plurality of through-holes which receive the at least one decoration component (refer to Conway Figure 1, wherein the plurality of through-holes are disposed within the central section).
Regarding claim 5, the combination of Conway and Hurwitz discloses the interchangeable hair accessory device of claim 4, as applied above. Conway further discloses wherein the at least one decoration component comprises a top surface (referring to Figure 3, the top surface is that surface visible when the decoration component is attached to the body component, refer to the bottom image of Figure 3) having a display surface (since the top surface is that surface which is seen by an observer when worn by the user, the top surface defines a display surface), sidewalls (since the decoration component is a three-dimensional body, there is some thickness to the component, this thickness defines a sidewall), and a back surface (the back surface is that shown in upper left image of Figure 3 + Sb) having the post adapted to engage with the plurality of through-holes of the central section of the body component (refer to Conway Paragraph [0040]).
Regarding claim 6, the combination of Conway and Hurwitz discloses the interchangeable hair accessory device of claim 5, as applied above. Conway further discloses wherein the plurality of through-holes act as a socket for accepting the post of the at least one decoration component (Refer to Conway Paragraph [0040]).
Regarding claim 7, the combination of Conway and Hurwitz discloses the interchangeable hair accessory device of claim 6, as applied above. Conway further discloses wherein the at least one decoration component comprises a plurality of decoration components (refer to Figure 3 where two flowers are depicted as being attached to the body component; additionally refer to Figure 9 wherein the decoration components include beads that have round shapes, flat shapes, and elongated shapes; additionally refer to Figures 12-13 wherein different shaped flowers are depicted; a first flower shape in Figure 12 has a wide petal and a second flower shape in Figure 13 has petals that are narrow), where the plurality of decoration components have different shapes and colors to accommodate a user's wants and needs (refer to Figures 12-13 wherein the flowers in Figure 12 has a light colored center and the flowers in Figure 13 have a dark colored center, thereby providing the decoration components to have different colors; additionally the flowers of Figure 12 are shaped differently from the flower of Figure 13 since the petals of the flower of Figure 12 are wide and the petals of the flower of Figure 13 are narrow).
Claims 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Conway and Hurwitz as applied to claim 7 above, and further in view of Wilczynska et al. (US2020/0383449).
Regarding claim 8, the combination of Conway and Hurwitz disclose the interchangeable hair accessory device of claim 7, as applied above. Conway further discloses wherein the plurality of through-holes are a specified distance from the distal end and proximal end (refer to Conway Figure 1, wherein the through-holes are spaced apart from the proximal and distal ends; additionally refer to Conway Figure 13 wherein the through-holes are spaced apart from the proximal/bottom left end, and from the distal/bottom right end). The combination does not explicitly disclose wherein the plurality of through-holes are positioned along a length of the body component in an equal distance manner apart from each other. However, the combination does provide different configurations of hole spacing, as demonstrated in Conway Figures 1-3, wherein the holes are grouped, and Conway Figures 5A, 6, and 13, wherein the holes are depicted as being more uniformly spaced. Thus, the combination demonstrates that providing different configurations of spacing between the through-holes is within the scope of the invention.
Wilczynska discloses a similar interchangeable hair accessory (10, Figures 1A-15) comprising a body component (11) with a plurality of through-holes (S1, S2, S3, S4, S5, S6, S7, S8; best shown in Figure 3) therein, these through holes being used to fasten removable decoration components (37, see Figure 15) wherein the through-holes are positioned along a length of the body component in an equal distance manner apart from each other (refer to Paragraph [0042]), as an obvious matter of design choice, thereby permitting adequate spacing between the decoration components. Therefore it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hair accessory of the combination of Conway and Hurwitz such that the plurality of through-holes are positioned along a length of the body component in an equal distance manner apart from each other, as taught by Wilczynska, since such a modification would have involved rearranging of parts and it has been held that rearranging of parts is within the level of ordinary skill in order to achieve a desired decorative effect.
Regarding claim 9, the combination of Conway, Hurwitz, and Wilczynska discloses the interchangeable hair accessory device of claim 8, as applied above. Conway further discloses wherein the plurality of decoration components are secured via a snap-on connection (refer to Conway Paragraph [0013]) or compression fit into the plurality of through-holes (refer to Conway Paragraph [0040]).
Regarding claim 11, the combination of Conway, Hurwitz, and Wilczynska discloses the interchangeable hair accessory device of claim 8, as applied above. The combination does not disclose wherein the plurality of decoration components are removably attached to the body component by a magnetic attachment. Wilczynska discloses the use of a combination magnet and post in order to attach a decoration component to the body component (“The stud member 43 can also be a magnet stud 43”, refer to Wilczynska Paragraph [0053]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the hair accessory of the combination of Conway, Hurwitz, and Wilczynska such that the plurality of decoration components are removably attached to the body component by a magnetic attachment, as taught by Wilczynska, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of enabling a detachable connection between the body component and the decoration component.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Conway, Hurwitz, and Wilczynska as applied to claim 8 above, and further in view of Ellingson (WO 00/13535 A1).
Regarding claim 10, the combination of Conway, Hurwitz, and Wilczynska discloses the interchangeable hair accessory device of claim 8, as applied above. The combination does not disclose wherein the plurality of decoration components are removably attached to the body component by a hook and loop fastener.
Ellingson discloses a similar interchangeable hair accessory (Figure 7) comprising a body component (410) and a decoration component (412) that is detachably fastened to the body component (“may be attached”, refer to page 9, lines 28-29). The decoration component comprises a post (see post on fastener 422 in Figure 7) that engages with a hole (see hole in fastener 424) on the body component. The decoration component and body component further comprise a hook and loop fastener (426, 428) in addition to the post and hole connection, in order to prevent the decoration component from rotating, thereby fixing the decoration in a desired orientation (“the orientation is maintained”, refer to Page 2, lines 33-34). Therefore 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 hair accessory of the combination of Conway, Hurwitz, and Wilczynska such that the plurality of decoration components are removably attached to the body component by a hook and loop fastener, as taught by Ellingson, since such a modification provides the advantage of enabling a user to fix a rotational position of the decoration component.
Alternatively, claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Conway, Hurwitz, and Wilczynska, as applied to claim 8 above, and further in view of Swartz et al. (US 2016/0106192).
Regarding claim 10, the combination of Conway, Hurwitz, and Wilczynska discloses the interchangeable hair accessory device of claim 8, as applied above. The combination does not disclose wherein the plurality of decoration components are removably attached to the body component by a hook and loop fastener.
Per the 35 USC 112(b) rejection of claim 10 above, the limitation “the plurality of decoration components are removably attached to the body component by a hook and loop fastener” is interpreted in light of applicant’s specification, that is, the hook and loop fastener is an alternative to the connection via post and through-hole engagement.
Swartz discloses a similar interchangeable hair accessory device (90, Figures 1-5, and 7-16) comprising a body component (100) and a detachable (“detachable transparent cover 120, decorative insert 130”, refer to Paragraph [0024]) decoration body (120 + 130), wherein the decoration body may be attached by a snap-on connection comprising a post and through-hole engagement (“the base body 100 and transparent cover 120 may be removably connected using snap-on connections”, refer to Paragraph [0026]; additionally refer to Figure 5 where the connection is depicted as a post and through-hole), similar to that of the device of the combination of Conway, Hurwitz, and Wilczynska, or alternatively, by a hook and loop fastener (“the base body 100 and transparent cover 120 may be removably connected by a hook and loop fastener”, refer to Paragraph [0029]; additionally refer to Figure 9), thereby demonstrating that the connection means between the body component and the decoration component can effectively be changed, as a matter of design choice, to provide functionally equivalent configurations that can be used interchangeably. Therefore 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 interchangeable hair accessory device of the combination of Conway, Hurwitz, and Wilczynska such that the plurality of decoration components are attached to the body component by a hook and loop fastener, as taught by Swartz, since Swartz demonstrates that either connection means works equally well and both configurations are art-recognized functional equivalents that enable a user to removably attach decorative components to a headband based on a user’s wants and needs.
Regarding claim 11, the combination of Conway, Hurwitz, and Wilczynska discloses the interchangeable hair accessory device of claim 8, as applied above. The combination does not disclose wherein the plurality of decoration components are removably attached to the body component by a magnetic attachment. Per the 35 USC 112(b) rejection of claim 11 above, the limitation “the plurality of decoration components are removably attached to the body component by a magnetic attachment” is interpreted in light of applicant’s specification, that is, the magnetic attachment is an alternative to the post and through-hole connection means.
Swartz discloses a similar interchangeable hair accessory device (90, Figures 1-5, and 7-16) comprising a body component (100) and a detachable (“detachable transparent cover 120, decorative insert 130”, refer to Paragraph [0024]) decoration body (120 + 130), wherein the decoration body may be attached by a snap-on connection comprising a post and through-hole engagement (“the base body 100 and transparent cover 120 may be removably connected using snap-on connections”, refer to Paragraph [0026]; additionally refer to Figure 5 where the connection is depicted as a post and hole), similar to that of the device of the combination of Conway, Hurwitz, and Wilczynska, or alternatively, by a magnetic attachment (“the base body 100 and transparent cover 120 may be removably connected by a magnetic attachment”, refer to Paragraph [0029]; additionally refer to Figure 8), thereby demonstrating that the connection means between the body component and the decoration component can effectively be changed, as a matter of design choice to provide functionally equivalent configurations that can be used interchangeably. Therefore 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 interchangeable hair accessory device of the combination of Conway, Hurwitz, and Wilczynska such that the plurality of decoration components are attached to the body component by a magnetic attachment, as taught by Swartz, since Swartz demonstrates that either connection means works equally well and both configurations are art-recognized functional equivalents that enable a user to removably attach decorative components to a hair accessory based on a user’s wants and needs.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Conway (US2012/0180805), Wilczynska (US2020/0383449) and Hurwitz (US2010/0277944).
Regarding claim 12, Conway discloses an interchangeable (“interchangeable components”, refer to Paragraph [0006]) hair accessory (“hair accessory”, refer to Paragraph [0006]) device (10, 200, 280, 310a, 310b, 310c; Figures 1-13) that provides a user with customizable hair accessories, the interchangeable hair accessory device comprising:
a body component (refer to annotated Figure 1, below) configured as a hair accessory (the figures depict the device as a barrette); and
a decoration component (D + Sa + Sb, best shown in Figure 3);
wherein the body component comprises a proximal end (right end with respect to Figure 1), distal end (left end with respect to Figure 1), a central section (portion disposed between the left and right ends, with respect to Figure 1), a center opening (not labeled, refer to annotated Figure 1, below), and a bottom band (not labeled, refer to annotated Figure 1, below) attached to the body component at the proximal end via a material hinge (30, “hinged end”, refer to Paragraph [0008]) and at the distal end via a clasp (40);
wherein the central section of the body component comprises a plurality of through-holes (80a, 80b, 80c) on an exterior surface;
wherein the plurality of through-holes are positioned along a length of the body component with a specified distance from the distal end and the proximal end (refer to Figure 1, wherein the plurality of through-holes are spaced apart from the proximal and distal ends and therefore positioned with a specified distance);
wherein the decoration component comprises a top surface (exterior surface viewable when worn by a use, i.e. the surface visible in the lower left image of Figure 3) having a display surface (since the top surface is that surface which is viewed when worn by a user, the top surface defines a display surface), sidewalls (since the decoration component is a three-dimensional body, there is some wall thickness which defines a sidewall), and a back surface (the back surface is that surface visible in the upper left image of Figure 3) having a post (Sb) adapted to engage with one of the plurality of through-holes of the central section of the body component (refer to Paragraph [0040]);
wherein the plurality of through-holes act as a socket element for accepting the post of the decoration component (Oxford Languages defines socket as “a natural or artificial hollow into which something fits or in which something revolves”; Conway’s post fits into the hollow/through-hole; thus, the through-hole acts as a socket);
wherein the body component can receive a plurality of decoration components (since the body component comprises a plurality of through-holes, the body component can receive a plurality of decoration components); and
wherein attachment of more than one decoration component customizes a look of the body component (the limitation “wherein attachment of more than one decoration component customizes a look of the body component” is interpreted as an intended use/functional limitation; that is, Conway’s device comprises a plurality of through-holes that permit the attachment of a plurality of different decoration components wherein the relative positioning, spacing, and type of decoration component enables a customized look);
wherein the hair band accessory is a barrette (see Figure 1, wherein the accessory is a clip style hair barrette); and
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Conway does not disclose wherein the plurality of through-holes are positioned along a length of the body component in an equal distance manner apart from each other. However, Conway does provide different embodiments having different configurations of hole spacing, as demonstrated in Conway Figures 1-3, wherein the holes are grouped, and Conway Figures 5A, 6, and 13, wherein the holes are depicted as being more uniformly spaced.
Conway also does not disclose wherein the at least one of the plurality of decoration components is illuminated. Conway does however disclose that the at least one decoration component may be “created artistically in almost unlimited materials”, thereby demonstrating that modifying the decoration component is within the scope of the invention.
Wilczynska discloses a similar interchangeable hair accessory (10, Figures 1A-15) comprising a body component (11) with a plurality of through-holes (S1, S2, S3, S4, S5, S6, S7, S8; best shown in Figure 3; additionally refer to Paragraph [0006] which states that the pairs of slits S1, etc. could be “cut-outs”, where a cut-out defines a through-hole) therein, these through holes being used to fasten removable decoration components (37, see Figure 15) wherein the through-holes are positioned along a length of the body component in an equal distance manner apart from each other (refer to Paragraph [0042]), as an obvious matter of design choice, thereby permitting adequate spacing between the decoration components. Therefore it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Conway’s hair accessory such that the plurality of through-holes are positioned along a length of the body component in an equal distance manner apart from each other, as taught by Wilczynska, since such a modification would have involved rearranging of parts and it has been held that rearranging of parts is within the level of ordinary skill in order to achieve a desired decorative effect.
The combination of Conway and Wilczynska does not disclose wherein the at least one of the plurality of decoration components is illuminated.
Hurwitz discloses a similar interchangeable (“interchangeable”, refer to Paragraph [0003]) hair accessory (“head bands, barrettes”, refer to Paragraph [0003]; additionally refer to Figures 1a-1d which depict a headband and Figures 2a-2d which depict a hair clip) that comprises a body component (11, Figure 1a; 200, Figures 2a-2d) and at least one detachable (“readily removably attached”, refer to Paragraph [0003]) decoration component (26, Figure 1a; 221, Figure 2a), wherein the decoration component may “have a plethora of designs and may include LED, fiber optic…properties” (refer to the Abstract), where the illuminating property of the decoration component provides “enhanced visibility and/or increased safety during dusk or nighttime hours” (refer to the 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 Conway’s accessory such that the at least one of the plurality of decoration component is illuminated, as taught by Hurwitz, since such a modification provides the advantage of enhancing the visibility of the user during dusk and nighttime hours, thereby increasing the safety of the user.
Regarding claim 13, the combination of Conway, Wilczynska, and Hurwitz discloses the interchangeable hair accessory device of claim 12, as applied above. Conway further discloses wherein the decoration component is secured via a snap-on connection into the plurality of through-holes (refer to Conway Paragraph [0040]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Conway, Wilczynska, and Hurwitz as applied to claim 12 above, and further in view of Swartz et al. (US2016/0106192).
Regarding claim 14, the combination of Conway, Wilczynska, and Hurwitz discloses the interchangeable hair accessory device of claim 12, as applied above. The combination does not disclose wherein the decoration component is secured via a compression fit into the plurality of through-holes.
Swartz discloses a similar interchangeable hair accessory device (90, Figures 1-5, and 7-16) comprising a body component (120) and a detachable (“removably attached”, refer to Paragraph [0030]) decoration body (95), wherein the decoration body may be attached by a compression fit connection (refer to Swartz Paragraph [0030]) comprising a post and through-hole engagement. Therefore 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 interchangeable hair accessory device of the combination of Conway, Wilczynska, and Hurwitz such that the plurality of decoration components are attached to the body component via a compression fit, as taught by Swartz, since such a modification would have involved combining prior art elements according to known methods to yield the predictable result of enabling a user to releasably attach decorative components to a hair device based on a user’s wants and needs.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Conway, Wilczynska, and Hurwitz as applied to claim 12 above, and further in view of Boppiband (https://youtu.be/X4Xzj-kYQHc?si=CIULYV_S3z_ABBUt).
Regarding claim 19, the combination of Conway, Wilczynska, and Hurwitz discloses the interchangeable hair accessory device of claim 12, as applied above. The combination does not disclose that the hair accessory device further comprises a plurality of indicia.
Boppiband discloses a similar interchangeable hair accessory device (not labeled, see annotated screenshot below) comprising a body component (not labeled, see annotated screenshot below) and a plurality of decoration components (not labeled, see annotated screenshot below) wherein the decoration components are releasably coupled to the body component (refer to the YouTube video @5:54 wherein the user is shown to be pressing decoration bodies onto the body component and @6:41 wherein the user is shown to be removing the previously installed decoration components from the body component) and wherein the device further comprises a plurality of indicia (Per paragraph [0056] of applicant’s specification, indicia may be defined as letters; Boppiband provides a plurality of letters/indica that spell a brand name of the hair accessory, refer to annotated screenshot below). Boppiband provides the plurality of indicia in the form of letters that spell a brand name of the product, thereby providing a means to identify the device, build brand recognition for the device, and to differentiate the device from its competitors. 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 Conway, Wilczynska, and Hurwitz to further comprise a plurality of indicia, in the form of letters that spell a brand name of the product, as taught by Boppiband, since such a modification provides the advantage of building brand recognition for the device.
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Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wilczynska et al. (US2020/0383449) in view of Ellingson (WO00/13535).
Regarding claim 20, Wilczynska discloses a method of customizing multiple hair accessories, the method comprising the following steps:
providing an interchangeable hair accessory device (10, Figures 1A-15) comprising a body component (21 + 30) that is configured as a hair accessory with a plurality of through-holes (refer to Figures 5A-5B wherein a fastening component, 33 + 34 is shown to extend through the body component, which requires a through-hole to be disposed therein);
providing a plurality of decoration components (36a, 37a, 38a, see Figure 15);
securing multiple decoration components to the body component (see at least Figure 11, wherein a plurality of flower shaped decoration components have been secured to the body component); and
customizing the body component based on the look and color of the decoration components used (“users can customize their scrunchie with decorative accessories”, refer to Paragraph [0004]), wherein the body component is a scrunchie (“scrunchie”, refer to Paragraph [0004]; additionally refer to the figures wherein the hair device is depicted as a scrunchie).
Wilczynska does not disclose that the plurality of decoration components comprise a post secured to the back side of each or that the multiple decoration components are attached to the body component via inserting the post into the through-hole; rather, Wilczynska discloses the post being on the body component, where the post engages with a mating component on the decoration component.
Ellingson discloses a similar interchangeable hair accessory (Figure 7) and other accessories worn about the body (socks, see Figures 1-4) comprising a body component (410, Figure 7; 18, Figure 1) and a decoration component (412, Figure 7; 12, Figure 1) that is detachably fastened to the body component (“may be attached”, refer to page 9, lines 28-29). The decoration component engages with the body component via a post and hole snap fastener (24, 22, Figure 1; 422, 424, Figure 7), where the post may be disposed on the body component, similar to that of Wilczynska’s device, or alternatively, where the post is rearranged to be disposed on the decoration component and the socket/hole is disposed on the body component (“The stud structure 22 may be affixed to either the sock 14 or the ornament 12, and the socket structure 24 also may be affixed to either the sock 14 or the ornament 12”, refer to Page 6, lines 25-27), such that connecting the decoration component to the body component requires inserting the post into the socket/hole of the body component, thereby demonstrating that rearranging the two mating components of a detachable connection are within the level of ordinary skill. Therefore it would have been obvious to one of ordinary skill in the art to modify Wilczynska’s device such that the plurality of decoration components comprise a post secured to the back side of each and that the multiple decoration components are attached to the body component via inserting the post into the socket/hole of a fastener disposed on the body component, as taught by Ellingson, since such a modification would have involved rearranging of parts and it has been held that rearranging of parts is within the level of ordinary skill. Modifying the fastener of Wilczynska to have the socket/hole on the body component provides a configuration wherein the method step requires the post to be inserted into the through-hole in order to complete the connection, since the socket/hole of the fastener is disposed within the through-hole of the body component.
Response to Arguments
Drawings
Applicant’s amendments to the specification overcome all previous drawing objections; all previous drawing objections are withdrawn.
Specification
Applicant’s amendments to the specification overcome all previous objections to the specification; all previous objections to the specification are withdrawn.
Claim Objections
Applicant’s amendments to the claims overcome all previous claim objections; all previous claim objections are withdrawn.
35 USC 112(b)
Applicant’s amendments to the claims fail to overcome the previous 35 112(b) rejection of claims 10-11 since claims 10-11 still appear to require multiple, different types of fasteners where the specification describes the different fasteners as alternative. Thus, the claims are unclear in light of the specification.
Applicant’s amendments to claims 15, 17, and 18 are moot.
35 USC 102/103
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: refer to the attached PTO-892.
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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/SARAH WOODHOUSE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772