DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1 and 9 are objected to because of the following informalities:
Examiner suggests amending claim 1 line 8 as “the adjustment of the strap capable of being made by a user of the hair rollers assembly”
Examiner suggests amending claim 1 lines 10-11 as “the strap being sized so that the strap of hair rollers assembly is capable of being placed over a top of the user’s head”
Examiner suggests amending claim 1 line 10 to “the strap of the hair rollers assembly”.
Examiner suggests amending claim 9 line 3 to “in a microwave”.
Appropriate correction is required.
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, 7, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Milabu (Curling Hair Using Microwave, https://www.youtube.com/watch?v=zZqP0cVny5E, see attached PDF) in view of Wakarian (DE 2912035 A1 and translated PDF).
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In regard to claim 1, Milabu discloses a hair rollers assembly (see 0:27-0:38 of YouTube video, and pages 1-3 of the attached screenshots) comprising:
a pair of elongated hair rollers (roller 1 and roller 2 in annotated Fig. A) joined by a strap (strap in annotated Fig. A), the strap connecting only to one of the pair of elongated hair rollers at a first end of the strap (1st strap end in annotated Fig. A) and another of the pair of elongated hair rollers at a second end of the strap (2nd strap end in annotated Fig. A) that is opposite the first end (Fig. A), the strap connecting to an end face (end face in annotated Fig. A) of each of the pair of elongated hair rollers (Fig. A, and page 5 of the attached screenshots), and the strap being sized so that the strap of the hair rollers assembly is capable of being placed over a top of the user’s head (Fig. A) so that rollers hang down next to the user’s ears (Fig. A and p. 5-6 of attached screenshots).
Milabu does not disclose the strap having a width that is smaller than a width of the pair of elongated rollers, the strap having a length that is adjustable with the adjustment of the strap being made as desired, the adjustment of the strap capable of being made by a user of the hair rollers assembly, the adjustment of the strap can be made to address a shape or size of a head of the user.
Wakarian teaches a similar apparatus comprising a pair of elongated hair rollers (1 and 2 in annotated Fig. 1) joined by a strap (strap in annotated in Fig. 1, length of 3 between rollers 1 and 2), the strap connecting to an end face (end face in annotated Fig. 1, note that an end face can be a face at an end of any part of the hair roller) of each of the pair of elongated hair rollers, the strap having a width (strap width in annotated Fig. 1, para. 0011 and 0031, wire coated with plastic) that is smaller than a width of the pair of elongated rollers (roller width in annotated Fig. 1), the strap having a length that is adjustable with the adjustment of the strap being made as desired (paras. 0031-0032, length of strap which is the length of 3 between rollers 1 and 2 can be adjusted by adjusting roller position along length of 3), the adjustment of the strap capable of being made by a user of the hair rollers assembly (paras. 0031-0032), and the adjustment of the strap can be made to address a shape or size of a head of the user (paras. 0031-0032).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair curling devices. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the strap and rollers of Milabu by replacing the strap with a wire having a width that is smaller than a width of the pair of elongated rollers, and modifying the end faces of the rollers so that length of the strap is adjustable and the adjustment of the strap is capable of being made by a user of the hair rollers assembly and can be made to address a shape or size of a head of the user as taught by Wakarian in order to allow for the strap to have freedom in varying the arrangement of the rollers on the head and resistance to chemicals (Wakarian para. 0011) and allow for irregular arrangement of the curlers as desired (Wakarian para. 0007).
In regard to claim 2, Milabu in view of Wakarian discloses the invention of claim 1. Milabu does not disclose wherein the strap is selectively detachable from each of the pair of elongated hair rollers.
Wakarian further teaches wherein the strap (strap in annotated Fig. 1) is selectively detachable from each of the pair of elongated hair rollers (paras. 0030-0031, Abstract).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of hair curling devices. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the strap and rollers of Milabu by modifying the strap and end faces of the rollers so that the strap is selectively detachable from each of the pair of elongated hair rollers as taught by Wakarian in order to allow for freedom in varying the arrangement of the rollers on the head (Wakarian para. 0011) and allow for irregular arrangement of the curlers as desired (Wakarian para. 0007).
In regard to claim 7, Milabu in view of Wakarian discloses the invention of claim 1. Milabu further discloses wherein the pair of elongated hair rollers are each capable of being heated by placing in a microwave oven (see 0:27-0:38 of YouTube video, and pages 1-3 of the attached screenshots).
In regard to claim 9, Milabu in view of Wakarian discloses the invention of claim 1. Milabu further discloses wherein the pair of elongated hair rollers are each filled with a material suitable for heating, cooling and re-heating in a microwave (see 0:27-0:38 of YouTube video, and pages 1-3 of the attached screenshots, gel beads).
In regard to claim 10, Milabu in view of Wakarian discloses the invention of claim 1. Milabu further discloses wherein the pair of elongated hair rollers are each soft (see 0:27-0:29 of YouTube video, and p. 2 of attached screenshots, gel beads).
In regard to claim 11, Milabu in view of Wakarian discloses the invention of claim 1. Milabu further discloses wherein the pair of elongated hair rollers are each flexible (see 0:49-51 of YouTube video, p. 4 of attached screenshots, rollers are flexed over in the video).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Milabu in view Wakarian and McJorrow (NZ 534981 A).
In regard to claim 8, Milabu in view of Wakarian discloses the invention of claim 1. Milabu does not disclose wherein the pair of elongated hair rollers are each adapted to be cooled by placing in a refrigerator, freezer or ice cooler, though Milabu does disclose that the pair of elongated hair rollers (rollers in annotated Fig. A) are each filled with a material suitable for heating, cooling and re-heating in a microwave (see 0:27-0:38 of YouTube video, and pages 1-3 of the attached screenshots, gel beads).
McJorrow teaches an apparatus (Figs. 1-2) for treatment of hair (p. 1a, Field of Invention) which is filled with a material suitable for heating, cooling and re-heating in a microwave (p. 1a, Summary of Invention, and p. 4 lines 24-28) and is capable of being cooled by placing in a refrigerator, freezer, or ice cooler (p. 4 lines 24-28).
Milabu, McJorrow, and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of microwavable hair heating devices. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hair rollers of Milabu in view of Wakarian by replacing the filling material suitable for microwaving with material suitable for both microwaving and capable of being cooled by placing in a refrigerator, freezer or ice cooler as taught by McJorrow in order to allow for both heat and cold treatments of the hair (McJorrow p. 4 lines 24-28) which results in the hair having a natural bounce as if it had been dried naturally (McJorrow p. 4 lines 41-42).
Response to Arguments
Applicant's arguments filed 10 November 2025 have been fully considered but they are not persuasive.
Applicant argues that in regard to the rejection of claims 1-6 under 35 U.S.C. §102 (a)(1) as being anticipated by Wakarian, Wakarian fails to disclose the features of amended claim 1 as any number of winding bodies are secured closely adjacent to one another along the fixed length of a holder 8 or spiral 17 of Wakarian. Applicant argues that in regard to the rejection of claims 1, 7 and 9-11 under 35 U.S.C. §102(a)(1) as being anticipated by Milabu, and the rejection of claim 8 under 35 U.S.C. §103 as being unpatentable over Milabu in view McJorrow, the Milabu device is not adjustable and has enclosed beads that are warmed by a microwave along a majority of its length. Applicant argues that Milabu fails to disclose or suggest the features recited of amended claim 1, and that the Office Action fails to assert that McJorrow remedies the deficiency described.
Examiner notes that in the above rejection, claims 1-2, 7, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Milabu in view of Wakarian, and claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Milabu in view Wakarian and McJorrow. Examiner also notes that Applicant’s arguments are narrower than claimed as the limitations do not exclude enclosed beads that are warmed by a microwave along a majority of the length of an apparatus. Examiner notes that in the above rejection, in regard to claim 1, Milabu discloses a hair rollers assembly comprising: a pair of elongated hair rollers joined by a strap (annotated Fig. A), the strap connecting only to one of the pair of elongated hair rollers at a first end of the strap and another of the pair of elongated hair rollers at a second end of the strap (annotated Fig. A) that is opposite the first end (Fig. A), the strap connecting to an end face of each of the pair of elongated hair rollers (Fig. A, and page 5 of the attached screenshots), and the strap being sized so that the strap of the hair rollers assembly is capable of being placed over a top of the user’s head (Fig. A) so that rollers hang down next to the user’s ears (Fig. A and p. 5-6 of attached screenshots). Wakarian teaches a strap having a width that is smaller than a width of the pair of elongated rollers (annotated Fig. 1), the strap having a length that is adjustable with the adjustment of the strap being made as desired (paras. 0031-0032), the adjustment of the strap capable of being made by a user of the hair rollers assembly (paras. 0031-0032), and the adjustment of the strap can be made to address a shape or size of a head of the user (paras. 0031-0032). One of ordinary skill in the art would have been motivated to have modified Milabu by the teachings of Wakarian in order to allow for the strap to have freedom in varying the arrangement of the rollers on the head and resistance to chemicals (Wakarian para. 0011) and allow for irregular arrangement of the curlers as desired (Wakarian para. 0007).
Applicant is directed to the rejections in view of the amendments.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
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