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 6, 7, 12, and 13 are objected to because of the following informalities: “includes” should be “including”.
Claim 8 is objected to because of the following informalities: “defining” should be “define”.
Claims 9 and 14 are objected to because of the following informalities: “wherein said plurality of hair beads and said hanging hair bead of said hair accessory device are secured” should be “wherein said plurality of hair beads and said hanging hair bead of said hair accessory device are configured to be secured”. Also in claims 9 and 14, either “at least” or “or more” should be removed, as “at least one or more” is redundant.
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 1-14 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.
The term “quickly” in claims 1 and 10 is a relative term which renders the claim indefinite. The term “quickly” 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. For the sake of examination, the claims will be considered to require that the hair accessory is configured to be applied to hair.
Claims 2-9 and 11-14 are rejected due to their dependence on claims 1 and 10 respectively.
Claim 3 recites “wherein the fastening assembly includes at least one elastic member for adhesively connecting said plurality of hair beads.” It is unclear if the at least one elastic member is the adhesive for “adhesively connecting” the beads or if there is an adhesive and an elastic member present or if the elastic member simply causes the plurality of hair beads to be connected. For the sake of examination, the claim will be considered to require an elastic member to be present in the fastening assembly.
Claims 5 and 11 both recite “in a group of at least four to ten hair beads.” It is unclear what the bounds of this claim are as it recites both “at least” and “four to ten”. Therefore the boundary of the claim could be 4-10 beads, at least 4 beads, or at least 10 beads. For the sake of examination, the claims will be considered to recite “in a group of four to ten hair beads.”
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kennedy (US 6,041,792).
Regarding Claim 1, Kennedy discloses a hair accessory device (hair ornament 20, 500), comprising:
a plurality of hair beads (rings 22; loop element 502) connected to one another (Figures 1 and 11), wherein said each hair bead is configured for insertion of a user’s hair braid (Figure 2 shows hair extending through the device, which is fully capable of receiving insertion of a braid or loose hair or other arrangements of hair);
a fastening assembly (swivel element 24 comprising connector 28; chains 512) configured for connecting said each hair bead of said plurality of hair beads (Figure 1, col 3 line 66 to col 4 line 5; Figure 11, col 11 lines 14-23); and
a hanging hair bead (the bottom ring 22 furthest from lock 30) attached to at least one of said hair bead of said plurality of hair beads at a bottom (Figure 1) through a support member (bottom swivel element 24 which connects bottom ring 22 to the rest of the rings) so as to swing freely as a pendulum (Figure 1),
wherein said hanging hair bead is adapted to receive an end of the hair braid, thereby securing the hair braid end within said hanging hair bead (Figure 2),
wherein said hair accessory device is configured to enable a user to quickly apply to hair as part of a hairstyle (Figures 4-7 show the quick application of the device to the hair).
Regarding Claim 5, Kennedy discloses the hair accessory device of claim 1 (as presented above), wherein said plurality of hair beads is arranged in a group of at least four to ten hair beads (Figure 1 shows 5 beads (rings 22) plus the hanging bead on the end (last ring 22 furthest from lock 30).
Regarding Claim 6, Kennedy discloses the hair accessory device of claim 1 (as presented above), wherein said plurality of hair beads and said hanging hair bead are made of a material includes at least one of plastic, metal, glass, wood, and stone (col 3 lines 39-43 discloses “the rings 22 may be constructed from a wide variety of materials, such as metal, plastic and wood”).
Regarding Claim 7, Kennedy discloses the hair accessory device of claim 1 (as presented above), wherein said plurality of hair beads and said hanging hair bead comprise a shape includes at least one of circle, triangle, square, rectangle, oval, diamond, star, and heart (col 3 lines 39-43 discloses “The rings may have a variety of shapes other than circular. For example, the rings 22 may be ovoid, elliptical, square, rectangular, triangular, or even irregular.”).
Regarding Claim 8, Kennedy discloses the hair accessory device of claim 1 (as presented above), wherein said plurality of hair beads and said hanging hair bead defining a channel for receiving the user’s hair braid (Figure 4 shows tool 120 extending though the channel for then installing the device via the channel on the hair; col 11 lines 23-25 discloses of ornament 500: “Preferably, the loop elements 502 are arranged so that the axes which extend through the apertures 504 of the loop elements 502 are generally aligned.”).
Regarding Claim 9, Kennedy discloses the hair accessory device of claim 1 (as presented above), wherein said plurality of hair beads and said hanging hair bead of said hair accessory device are secured to the users hair through at least one or more elastic band (this is a statement of intended use of the hair beads, and the device as taught by Kennedy is fully capable of being secured to the hair through elastic bands, such as below the hanging hair bead to limit the lower bound location of the last bead on the hair).
Claims 1, 3, 5, 7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stoffer (FR 2765080).
Regarding Claim 1, Stoffer discloses a hair accessory device (Figure 2), comprising:
a plurality of hair beads (pearls 3) connected to one another (connected by threading member 1), wherein said each hair bead is configured for insertion of a user’s hair braid (Figure 1);
a fastening assembly (threading member 1) configured for connecting said each hair bead of said plurality of hair beads (Figure 2); and
a hanging hair bead (blocking member 4) attached to at least one of said hair bead of said plurality of hair beads (connected to the hair beads via threading member 1) at a bottom through a support member (plug 2 at the end of threading member 1 acts as support member to prevent blocking member 4 from falling off) so as to swing freely as a pendulum (Figure 2 shows threading member 1 is flexible and therefore blocking member 4 can swing freely),
wherein said hanging hair bead is adapted to receive an end of the hair braid, thereby securing the hair braid end within said hanging hair bead (translation middle of page 2 describes the blocking member or fastener as sliding onto the braid and then fastening by friction),
wherein said hair accessory device is configured to enable a user to quickly apply to hair as part of a hairstyle (Figure 1).
Regarding Claim 3, as interpreted in light of the 112b issue identified above, Stoffer teaches the hair accessory device of claim 1 (as presented above), wherein said fastening assembly (threading member 1) includes at least one elastic member (eye or fixing unit 5; eye 5 compresses when the beads or pearls are slid over it onto the hair and then returns to its open form therefore it is elastic; translation bottom of page 3) for connecting said plurality of hair beads (fixing member 5 is part of threading member 1, which connects the hair beads).
Regarding Claim 5, Stoffer teaches the hair accessory device of claim 1 (as presented above), wherein said plurality of hair beads is arranged in a group of at least four to ten hair beads (Figure 1 shows 8 pearls threaded onto the hair from the threading member 1; translation page 2 teaches that a desired number of beads can be used).
Regarding Claim 7, Stoffer teaches the hair accessory device of claim 1 (as presented above), wherein said plurality of hair beads and said hanging hair bead comprise a shape includes at least one of circle (Figures 1 and 2), triangle, square, rectangle, oval, diamond, star, and heart.
Regarding Claim 8, Stoffer teaches the hair accessory device of claim 1 (as presented above), wherein said plurality of hair beads and said hanging hair bead defining a channel for receiving the user’s hair braid (Figure 2 shows that threading member 1 extends through the channel formed by the pearls 3 and blocking member 4 while Figure 1 shows the hair extending through this channel).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Stoffer (FR 2765080) as applied to claim 1 above, and further in view of Coleman (US 2004/0177859) and Van Dyne (US 2014/0338694).
Regarding Claim 2, Stoffer teaches the hair accessory device of claim 1, as presented above. Stoffer does not teach the fastening assembly including an adhesive. Rather the individual hair beads are fastened together by threading onto the threading member.
However, Coleman, in the same field of endeavor of hair beads (abstract), teaches that hair beads can be individual beads (Figures 1A-C) or have the appearance of multiple beads (Figure 2) in order to reduce the labor needed to apply the beads (¶ 0047).
Coleman teaches the appearance of multiple beads being formed by and integral arrangement, rather than by gluing multiple beads together.
However Van Dyne, in the related field of endeavor of decorative elements to apply to the hair (¶ 0040), teaches that elements of a decoration can be integral or connected together such as by glue, welding, or screws.
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 device of Stoffer to include the beads having the appearance of multiple beads as taught by Coleman and achieving this by gluing multiple beads together as Van Dyne teaches connected parts of hair decorations can be made integrally or glued together. This would have the result of the fastening assembly for connecting multiple beads including both the threading member taught by Stoffer and the glue holding some or all the beads together taught by Coleman and Van Dyne. One would be motivated to make this modification to make it easier to apply multiple beads (Coleman ¶ 0047), while also maintaining the flexibility to not have to connect all the beads into a rigid structure .
Claims 1 and 4-14 are rejected under 35 U.S.C. 103 as being unpatentable over Robinson-Okai (US 11,406,166) in view of Villani (US 5,967,151) and Reynolds (5,810,022).
Regarding Claim 1, Robinson-Okai teaches a hair accessory device (illuminable hair attachment assembly), comprising:
a plurality of hair beads (hair attachments 12) connected to one another (Figures 2 and 3), wherein said each hair bead is configured for insertion of a user’s hair braid (Figure 4);
a fastening assembly (ports 48 and plugs 50) configured for connecting said each hair bead of said plurality of hair beads (Figure 3; col 3 lines 24-47);
wherein said hair accessory device is configured to enable a user to apply to hair as part of a hairstyle (Figure 4; col 2 line 61 to col 3 line 3).
Robinson-Okai teaches that a variety of fastening means could be used (fastener 24; col 3 lines 1-3), but does not explicitly teach a hanging hair bead for receiving and securing the end of the hair braid.
However, Villani, in the same field of endeavor of hair accessories with beads (abstract), teaches a hanging hair bead (bead stop 27 which includes element 53 that is a loop that permits the bead stop to be threaded on a string or other item; col 5 lines 25-32), wherein said hanging hair bead (bead stop 27) is adapted to receive an end of the hair braid, thereby securing the hair braid end within said hanging hair bead (col 3 lines 1-5; Figure 9). Villani teaches the bead stop to provide an easy to use mechanism to retain the beads on the hair (col 1 lines 36-38) and teaches a loop on the bead stop that can be threaded with a string or other item for storage or display (col 5 lines 25-32).
Villani does not teach the thread connected to loop element 53 being attached to at least one of the hair beads, however Reynolds, in the same field of endeavor of hair accessories for braids (abstract), teaches a hair bead (braidlet 1) with an item (additional ornamentation 7) attached to it through a support member (ornamentation connector 9 connected to loop 3 of braidlet 1) so as to swing freely as a pendulum (col 4 lines 1-9). Reynolds teaches the attachment of an item to a hair bead such that it can swing freely in order to make it easier to install the hair accessory (col 4 lines 1-9).
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 accessory device taught by Robinson-Okai to include the fastener being a hanging hair bead as taught by Villani and the hanging hair bead being attached to a hair bead of the plurality of hair beads through a support member as taught by Reynolds. Robinson-Okai teaches the hair accessory device could include a fastener of a variety of types (col 3 lines 1-3). One would be motivated to use the fastener in the form of the bead stop taught by Villani in order to have a known easy fastening mechanism, and one could be motivated to attach the bead stop to a hair bead in order for it to not be lost during storage. Furthermore, one would be motivated to attach the hanging hair bead in a manner to allow it to swing freely, as taught by Villani, in order to make it easier to install the hair accessory, as opposed to a rigid connection for a part that needs to be further manipulated.
Regarding Claim 4, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 1, as presented above. Robinson-Okai further teaches wherein said fastening assembly (ports 48 and plugs 50) comprises: at least one connector (ports 48 and plugs 50) configured to enable the user to detachably connect said plurality of hair beads to one another (beads detach to plug into charging station 58; Figure 1).
Regarding Claim 5, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 1, as presented above. Robinson-Okai further teaches wherein said plurality of hair beads is arranged in a group of four to ten hair beads (Figure 4 shows groups of 8 beads).
Regarding Claim 6, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 1, as presented above. Robinson-Okai does not teach the materials out of which the accessory is made, but provides for variations in materials (col 4 lines 26-34).
Villani teaches wherein the hanging bead is made of a material includes at least one of plastic, metal, glass, wood, and stone (col 7 lines 4-10).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to also make the plurality of hair beads out of plastics and/or metals as taught by Villani.
Regarding Claim 7, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 1, as presented above.
Robinson-Okai further teaches wherein said plurality of hair beads comprise a shape includes at least one of circle, triangle, square, rectangle, oval, diamond, star, and heart (col 3 lines 36-41).
Villani teaches the hanging hair bead comprises a circle (Figures 7-13; col 4 lines 15-20) or a variety of shapes (col 7 lines 4-10).
Regarding Claim 8, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 1, as presented above.
Robinson-Okai further teaches wherein said plurality of hair beads define a channel for receiving the user’s hair braid (tubes 26; col 4 lines 20-25).
Villani also teaches wherein the hanging hair bead defines a channel for receiving the user’s hair braid (bore or passage 33; col 4 lines 15-20).
Therefore all together the hair beads as taught by Robinson-Okai and the hanging hair bead as taught by Villani define a channel for receiving the user’s hair braid.
Regarding Claim 9, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 1, as presented above. Though Villani teaches the hanging hair bead having a spring mechanism for securing to the user’s hair, it is also fully capable of being secured used at least one elastic band. One may be motivated to do so if the spring mechanism in the hanging hair bead breaks. Robinson-Okai, Villani, and Reynolds all teach that it is known to secure hair bead accessories to the user’s hair with elastic bands (Villani: col 1 lines 30-35; Robinson-Okai: col 3 lines 1-3; Reynolds: col 3 lines 30-32).
Regarding Claim 10, Robinson-Okai teaches a hair accessory device (illuminable hair attachment assembly), comprising:
a plurality of hair beads (hair attachments 12) detachably connected to one another (Figures 2 and 3; beads detach to plug into charging station 58 as shown in Figure 1 ) through at least one connector (ports 48 and plugs 50), wherein said each hair bead is configured for insertion of a user’s hair braid (Figure 4);
wherein said plurality of hair beads define a channel for receiving the user’s hair braid (tubes 26; col 4 lines 20-25).
wherein said hair accessory device is configured to enable a user to apply to hair as part of a hairstyle (Figure 4; col 2 line 61 to col 3 line 3).
Robinson-Okai teaches that a variety of fastening means could be used (fastener 24; col 3 lines 1-3), but does not explicitly teach a hanging hair bead for receiving and securing the end of the hair braid.
However, Villani, in the same field of endeavor of hair accessories with beads (abstract), teaches a hanging hair bead (bead stop 27 which includes element 53 that is a loop that permits the bead stop to be threaded on a string or other item; col 5 lines 25-32), wherein said hanging hair bead (bead stop 27) is adapted to receive an end of the hair braid, thereby securing the hair braid end within said hanging hair bead (col 3 lines 1-5; Figure 9). The hanging hair bead of Villani also has a channel (bore 33). Villani teaches the bead stop to provide an easy to use mechanism to retain the beads on the hair (col 1 lines 36-38) and teaches a loop on the bead stop that can be threaded with a string or other item for storage or display (col 5 lines 25-32).
Villani does not teach the thread connected to loop element 53 being attached to at least one of the hair beads, however Reynolds, in the same field of endeavor of hair accessories for braids (abstract), teaches a hair bead (braidlet 1) with an item (additional ornamentation 7) attached to it through a support member (ornamentation connector 9 connected to loop 3 of braidlet 1) so as to swing freely as a pendulum (col 4 lines 1-9). Reynolds teaches the attachment of an item to a hair bead such that it can swing freely in order to make it easier to install the hair accessory (col 4 lines 1-9).
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 accessory device taught by Robinson-Okai to include the fastener being a hanging hair bead as taught by Villani and the hanging hair bead being attached to a hair bead of the plurality of hair beads through a support member as taught by Reynolds. Robinson-Okai teaches the hair accessory device could include a fastener of a variety of types (col 3 lines 1-3). One would be motivated to use the fastener in the form of the bead stop taught by Villani in order to have a known easy fastening mechanism, and one could be motivated to attach the bead stop to a hair bead in order for it to not be lost during storage. Furthermore, one would be motivated to attach the hanging hair bead in a manner to allow it to swing freely, as taught by Villani, in order to make it easier to install the hair accessory, as opposed to a rigid connection for a part that needs to be further manipulated. Together the hair beads of Robinson-Okai and the hanging hair bead of Villani form a channel for the hair braid to extend through.
Regarding Claim 11, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 10, as presented above. Robinson-Okai further teaches wherein said plurality of hair beads is arranged in a group of four to ten hair beads (Figure 4 shows groups of 8 beads).
Regarding Claim 12, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 10, as presented above. Robinson-Okai does not teach the materials out of which the accessory is made, but provides for variations in materials (col 4 lines 26-34).
Villani teaches wherein the hanging bead is made of a material includes at least one of plastic, metal, glass, wood, and stone (col 7 lines 4-10).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to also make the plurality of hair beads out of plastics and/or metals as taught by Villani.
Regarding Claim 13, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 10, as presented above.
Robinson-Okai further teaches wherein said plurality of hair beads comprise a shape includes at least one of circle, triangle, square, rectangle, oval, diamond, star, and heart (col 3 lines 36-41).
Villani teaches the hanging hair bead comprises a circle (Figures 7-13; col 4 lines 15-20) or a variety of shapes (col 7 lines 4-10).
Regarding Claim 14, Robinson-Okai, Villani, and Reynolds teach the hair accessory device of claim 10, as presented above. Though Villani teaches the hanging hair bead having a spring mechanism for securing to the user’s hair, it is also fully capable of being secured used at least one elastic band. One may be motivated to do so if the spring mechanism in the hanging hair bead breaks. Robinson-Okai, Villani, and Reynolds all teach that it is known to secure hair bead accessories to the user’s hair with elastic bands (Villani: col 1 lines 30-35; Robinson-Okai: col 3 lines 1-3; Reynolds: col 3 lines 30-32).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Camp (US 5,555,901) teaches decorative hair accessories with the parts detachably connected by snap-fit or other connectors.
Turner (US 5,881,736) teaches connected beads that look like a “hair wrap” to apply to the hair as a single unit.
Leason (US 2004/0031287) teaches connectable and customizable illuminated hair beads.
Redmond (US 2007/0144551), Zachery (US 20130186424), and West (US 2017/0215543) teach snap on hair beads that look like multiple stacked beads.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer P. Connell whose telephone number is (703)756-1169. The examiner can normally be reached Monday - Thursday 9 am - 3 pm ET.
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/JENNIFER P CONNELL/ Examiner, Art Unit 3772
/EDELMIRA BOSQUES/ Supervisory Patent Examiner, Art Unit 3772