Office Action Predictor
Last updated: April 15, 2026
Application No. 18/587,936

HAIR FASTENERS

Final Rejection §102§103§112
Filed
Feb 26, 2024
Examiner
GILL, JENNIFER FRANCES
Art Unit
3772
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Tung Hing Plastic Manufactory Limited
OA Round
2 (Final)
28%
Grant Probability
At Risk
3-4
OA Rounds
3y 0m
To Grant
78%
With Interview

Examiner Intelligence

Grants only 28% of cases
28%
Career Allow Rate
172 granted / 609 resolved
-41.8% vs TC avg
Strong +49% interview lift
Without
With
+49.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
46 currently pending
Career history
655
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
35.9%
-4.1% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
30.8%
-9.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 609 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Drawings The replacement drawings were received on 11/21/25. These drawings are objected to. Figure 10 is objected to for failing to comply with 37 C.F.R. 1.84(p)(4), which requires the same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must never be used to designate different parts. In this case, reference characters 66a, 66b, 68a, 68b, 70a, 70b, 72, 72b, 74a, 74b, 76a, 76bn are now used to be prongs, but so are 36a, 36b, 38a, 38b, etc, which is confusing and improper. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application. Specification The changes to the disclosure submitted on 11/21/25 attempting to rename elements “66a, 66b”, etc in [0049] as the “interlocking prongs” is ineffective and creates new issues because now other paragraphs in the disclosure directly conflict with new paragraph [0049] because for example [0044] states 36a, 36b, 38a, 38b, etc are the prongs, so which is it? This is improper because only one reference character can represent one thing consistently throughout the disclosure. The changes to [0049] create more problems and do not fix the previous issues. The changes to the disclosure submitted on 11/21/25 and the original disclosure is/are objected to because of the following informalities: [0017, 0054, 0056] of the original disclosure are objected to because these paragraphs alternate between English and SI units, which is improper. One system, either English or SI, must be used consistently throughout the disclosure. This same error occurs in the changes to the disclosure submitted 11/21/25 in [0017, 0054, and 0049]. As outlined in the previous office action, only ONE SYSTEM OF UNITS must be used, not both. Appropriate correction is required. Claim Objections Claim(s) 1, 6, 15, 20 is/are objected to because of the following informalities: Claims 1 and 20: line 10, replace “at” with ---in---. Claim 1: line 11, replace “the first claw member” with ---the first outer claw member---; line 12, replace “the second claw member” with ---the second outer claw member---; line 19, replace “that” with ---the lateral width---. Claim 6: line 2, replace “from” with ---of; line 5, replace “from” with ---of---. Claim 15: replace “A hair fastener” in line 1 with ---The hair fastener---. 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. Claim(s) 1-21 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1: this claim alternates between “outer claw member”, “claw member”, and “outer members” which is confusing and unclear. One term must be used consistently throughout the claims to avoid confusion. Line 8 recites “the plurality of outer fingers includes proximal portions which transitions to plurality of distal portions”; however, this is not proper idiomatic English and furthermore, the claim already requires “a plurality of fingers divergingly extending from a rear portion to a front portion” in the preceding lines and no relationship is set forth between the rear portion or front portion and these newly defined “proximal portions” and “distal portions” making it unclear if these are the same or different. Based on a review of applicant’s figures and disclosure, the “proximal portions” are part of, or extend from, the “rear portion” and the “distal portions” form the “front portion”; this is confusing and improper because one term must be used consistently throughout the claims to refer to a single feature. For examination purposes, the claim will be treated as reciting “outer claw member” at each occurrence of “outer member” and “claw member”. This claim also recites “a lateral width” of the inner claw members twice making it unclear how many lateral widths are being claimed. Clarification or correction is requested. Claim 2: this claim recites “outer claw member”, “inner claw member”, and then recites “claw member”, and “outer members” making it unclear if these are supposed to referencing the same or different structures. One term must be used consistently throughout the claims to refer to single feature in order to avoid confusion. For examination purposes, the claim will be treated as reciting “outer claw member” where “claw member” and “outer members” are recited and clarification or correction is requested. Claim(s) 10 and 19: each of these claims contains the trademark/trade name K-resin®. 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. 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 a material and, accordingly, the identification/description is indefinite. Claim 12: recites “a base portion”, “a rear end”, “a rear portion”; however, based on a review of applicant’s disclosure, these all appear to be referencing the same structure making the metes and bounds of the claim unclear because only one term should be used consistently throughout the claims to refer to a single feature. In line 9, “the plurality of outer fingers includes a proximal portion which transitions to plurality of distal ends”; however, this is not proper idiomatic English and is confusing because the plurality of outer fingers include multiple proximal ends and multiple distal ends because the fingers extend from a base piece and each finger has a proximal end and a distal end. Clarification or correction is requested. Claim 13: recites “the hair fastener comprises a first handle to which the first outer claw member connects and a second handle to which the second outer claw member connects”; however, this claim depends from claim 12, which already recites “a base portion”, “a rear end”, and “a rear portion” and it appears the handles form the “rear end/portion” or “base” so this claim construction is confusing and unclear. For examination purposes, the claim will be treated as reciting “the rear portion of the first outer claw member forms a first handle and the rear portion of the second outer claw member forms a second handle”. Clarification or correction is requested. Claim 14: this claim alternates between “outer claw members”, “claw members”, “inner claw members”, and it is unclear what “claw members” is supposed to be referencing. Clarification or correction is requested. Claim 20: line 8 recites “the plurality of outer fingers includes a proximal end which transitions to distal ends” is not proper idiomatic English and is confusing because the plurality of outer fingers include multiple proximal ends and multiple distal ends because the fingers extend from a base piece and each finger has a proximal end and a distal end. Claim 21: recites “the plurality of outer fingers includes a proximal portion which transitions to a plurality of distal ends”; however, this is confusing because the plurality of outer fingers include multiple proximal ends and multiple distal ends because the fingers extend from a base piece and each finger has a proximal end and a distal end. Clarification or correction is requested. 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 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. Claim(s) 1, 12, and 20-21, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasuda (US 5787905). Claims 1 and 21: Yasuda discloses a hair fastener (see Figs 1-2 & annotations) comprising: a first outer claw member (see annotations) and a second outer claw member (see annotations), each having a base, or rear, portion that extends along a lateral width and the first outer claw member is hinged to the second outer claw member at the rear portion (see annotations). A plurality of outer fingers divergingly extend from their proximal portions at the rear/base portion and transition to their distal free end portions (see annotations) forming a front portion of the outer claw members (see annotations). In a closed, or default, configuration, the distal ends of the outer fingers of the first outer claw member interlock with the distal ends of the outer fingers of the second outer claw member (see annotations). The hair fastener further comprises a first inner claw member (see annotations) and a second inner claw member (see annotations) each having a lateral width smaller than the first and second outer claw members with the first and second inner claw members disposed between the first and second outer claw members (see annotations). Each of the first and second inner claw members has a base portion extending laterally and defining the lateral width and the first inner claw member is secured to an inwardly facing surface of the rear portion of the first outer claw member while the second inner claw member is secured to an inwardly facing surface of the rear portion of the second outer claw member (see annotations). PNG media_image1.png 361 489 media_image1.png Greyscale Claim 12: Yasuda discloses a hair fastener (see Figs 1-2 & annotations) comprising: a first outer claw member (see annotations) and a second outer claw member (see annotations), each having a base, or rear, portion that extends along a lateral width and the first outer claw member is hinged to the second outer claw member at the rear portion (see annotations). A plurality of outer fingers divergingly extend from their proximal portions at the rear/base portion and transition to their distal free end portions (see annotations) forming a front portion of the outer claw members (see annotations). In a closed, or default, configuration, the distal ends of the outer fingers of the first outer claw member interlock with the distal ends of the outer fingers of the second outer claw member (see annotations). The hair fastener further comprises a first inner claw member (see annotations) and a second inner claw member (see annotations) each having a base portion extending laterally and defining a lateral width and the first inner claw member is secured to an inwardly facing surface of the rear portion of the first outer claw member while the second inner claw member is secured to an inwardly facing surface of the rear portion of the second outer claw member (see annotations). A clearance is provided between the inner fingers of the first inner claw member and the outer fingers of the first outer claw member and a clearance is provided between the inner fingers of the second inner claw member and the outer fingers of the second outer claw member thereby allowing the inner fingers of the first and second inner claw members to flex towards or away from the outer fingers of the outer claw members (see Figs 2-6 & annotations). The first inner claw member and the second inner claw member are concealed between the first outer claw member and the second outer claw member (see annotations). Claim 20: Yasuda discloses a hair fastener (see Figs 1-2 & annotations) comprising: a first outer claw member (see annotations) and a second outer claw member (see annotations), each having a base, or rear, portion that extends along a lateral width and the first outer claw member is hinged to the second outer claw member at the rear portion (see annotations). A plurality of outer fingers divergingly extend from their proximal portions at the rear/base portion and transition to their distal free end portions (see annotations) forming a front portion of the outer claw members (see annotations). In a closed, or default, configuration, the distal ends of the outer fingers of the first outer claw member interlock with the distal ends of the outer fingers of the second outer claw member (see annotations). The hair fastener further comprises a first inner claw member (see annotations) and a second inner claw member (see annotations) each having a base portion extending laterally and defining a lateral width and the first inner claw member is secured to an inwardly facing surface of the rear portion of the first outer claw member while the second inner claw member is secured to an inwardly facing surface of the rear portion of the second outer claw member (see annotations). A clearance is provided between the inner fingers of the first inner claw member and the outer fingers of the first outer claw member and a clearance is provided between the inner fingers of the second inner claw member and the outer fingers of the second outer claw member thereby allowing the inner fingers of the first and second inner claw members to flex towards or away from the outer fingers of the outer claw members (see Figs 2-6 & annotations). The first inner claw member and the second inner claw member are concealed between the first outer claw member and the second outer claw member (see annotations). The first inner fingers point towards the second inner fingers of the first and second inner claw members (see annotations). The first and second inner claw members have a lateral width that is less than a width of the first and second outer claw members (see annotations). Claim(s) 1 and 21, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sze (US 20230399704). Claims 1 and 21: Sze discloses a hair fastener (2) comprising: a first outer claw member (see annotations) hinged at its rear to a second outer claw member (see annotations); each of the first and second outer claw members has a base portion with a laterally extending width and a plurality of outer fingers (see Figs 5-10) divergingly extending from a rear portion of the outer claw members to a front portion and the plurality of outer fingers have a proximal portion joined to the rear portion of the outer claw member to which they are attached and which transition to distal free end portions (see annotations). In a default, or closed, configuration the distal free end portions of the outer fingers of the first outer claw member interlock with the distal free end portions of the outer fingers of the second outer claw member (see annotations) and the fingers of the first and second outer claw members point in opposite directions (see annotations). The hair fastener includes a first inner claw member and a second inner claw member (see annotations) each having a base portion with a laterally extending width and secured to an inwardly facing surface of the rear portion of the respective outer claw member. The lateral width of the first and second inner claw members is less than the lateral width of the first and second outer claw members (see annotations). The first and second inner claw members are disposed between the first and second outer claw members (see annotations). PNG media_image2.png 425 469 media_image2.png Greyscale Claim(s) 1-4, 6-15, 17-21, as best understood, is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jenkins (US 20240081503). Claims 1 and 21: Jenkins discloses a hair fastener (102, Fig 24) comprising: a first outer claw member hinged, or pivotally connected, at its rear end to a second outer claw member (see annotations). Each of the first and second outer claw members has a base portion that extends laterally and defines a lateral width (top width of handles; see annotations). A plurality of outer fingers diverge and extend from a rear portion to a front portion of the outer claw members (see annotations). The plurality of outer fingers include a plurality distal portions such that in a default/closed configuration the distal portions of the first outer claw member interlock with the distal portions of the second outer claw member and the fastener includes a first inner claw member (see annotations) and a second inner claw member (see annotations) secured to both the inward (via the windows and 30a & 30b) and outward facing surfaces of the rear portion of the first outer claw member and the second outer claw member (see annotations). The first and second inner claw members each has a lateral width less than a latera width of the first ad second outer claw members (see annotations). The first and second inner claw members are disposed both horizontally and vertically between the first and second outer claw members (see annotations). PNG media_image3.png 425 723 media_image3.png Greyscale PNG media_image4.png 342 313 media_image4.png Greyscale Claim 2: the first outer claw member and the second outer claw member are each provided with a handle (108) at the rear end for operating the fastener. The first inner claw member and the second inner claw member are each provided with an inner finger, so two inner fingers total, and these inner fingers are forwardly extending and converge to the front portion of the first and second outer claw members when moving the hair fastener towards a closed configuration (see annotations). Both of the inner fingers include protrusions extending therefrom (see annotations). Two inner fingers are provided, one on the first inner claw member and one on the second inner claw member and each of these fingers includes a plurality of protrusions that point toward each other, or converge, and cooperate (see annotations). When the entire hair fastener is assembled, the first and second inner claw members are “concealed” between the left and right sides of the outer claw members, as best understood since the entire clip appears as one piece when assembled concealing the various components as one. Claim 3: in the default/closed configuration, the distal ends of the outer fingers of the first and second outer claw members define a front outwardly facing surface of the front portion of the fastener (see Fig 24), the first outer claw member and second outer claw member together define a cavity between which the first and second inner claw members reside (see Fig 24 & annotations) and a distal end of the inner fingers terminates at the front outwardly facing surface of the front portion (see Fig 24). Claim 4: The number of the outer fingers of the first outer claw member is 2 and the number of the inner fingers of the first inner claw member is 1 (see annotations). Claim 6-7: the outer fingers of the first outer claw member and the inner fingers of the first inner claw member are arranged laterally across the hair fastener (see Fig 24) in an alternating manner and the outer fingers of the second outer claw member and the inner fingers of the second inner claw member are arranged laterally across the hair fastener in an alternating manner (see Fig 24 & annotations). Claim 8: A clearance, or an opening, (32) is provided between the inner fingers of the first inner claw member and the outer fingers of the first outer claw member and a clearance, or an opening, (32) is provided between the inner fingers of the second inner claw member and the outer fingers of the second outer claw member such that at least a portion of the inner fingers (30a & 30b) can flex towards or away from the outer fingers of the respective claw members (see Figs 11 & 24-26). Claims 9-10: The entire device can be made of polyoxymethylene (POM) [0061], which is one of the materials disclosed by applicant to possess a flexural strength of 40-130.5MPa and a pull force of 0.2-16lbs. Since Jenkins discloses the same material disclosed by applicant, claimed properties or functional characteristics are presumed to be inherent, and a prima facie case of either anticipation or obviousness has been established. Claim 11: Jenkins discloses an angle of inclination of a longitudinal axis defined by one of the inner fingers (defined along a length of 30a, in Fig 28b; see Figs 9, 26 & 28b) relative to a longitudinal axis defined by a respective adjacent outer finger (see Fig 26 & 28b & annotations) being between 10-45o because the entire device is a small clip, so all the pieces are “adjacent”. Claim 12: Jenkins discloses a hair fastener (102, Fig 24) comprising: a first outer claw member hinged, or pivotally connected, at its rear end to a second outer claw member (see annotations). Each of the first and second outer claw members has a base portion defining a lateral width (see annotations). A plurality of outer fingers diverge and extend from a rear portion to a front portion of the outer claw members (see annotations). The plurality of outer fingers include a proximal portion that transitions to a plurality of distal portions/prongs (see annotations) such that in default/closed configuration the distal portions/prongs of the first outer claw member interlock with the distal portions/prongs of the second outer claw member and the fastener includes a first inner claw member (see annotations) and a second inner claw member (see annotations) each having a base and secured to both the inward (via the windows and 30a & 30b) and outward facing surfaces of the rear portion of the first outer claw member and the second outer claw member (see annotations). The first inner claw member and the second inner claw member are each provided with an inner finger (see annotations) and protrusions extending from the inner fingers (see annotations). Two inner fingers are provided, one on the first inner claw member and one on the second inner claw member and each of these fingers includes a plurality of protrusions that point toward each other and cooperate (see annotations). A clearance, or an opening, (32) is provided between the inner fingers of the first inner claw member and the outer fingers of the first outer claw member and a clearance, or an opening, (32) is provided between the inner fingers of the second inner claw member and the outer fingers of the second outer claw member such that at least a portion of the inner fingers (30a & 30b) can flex towards or away from the outer fingers of the respective claw members (see Figs 11 & 24-26). When the entire hair fastener is assembled, the first and second inner claw members are “concealed” between the left and right sides of the outer claw members, as best understood since the entire clip appears as one piece when assembled concealing the various components as one. Claim 13: Jenkins discloses a first handle joined to the outer claw member and a second handle joined to the second claw member where the outer claw members are hinged together (see annotations). The inner fingers of the first inner claw member and the second inner claw member are both forwardly extending and in a default configuration converge to the front portion of the fastener (see annotations). An angle of inclination of a longitudinal axis defined by one of the inner fingers (defined along a length of 30a, in Fig 28b; see Figs 9, 26 & 28b) relative to a longitudinal axis defined by a respective adjacent outer finger (see Fig 26 & 28b & annotations) being between 10-45o. Note the fastener is small hair clip so all the pieces are adjacent each other. Claim 14: the first outer claw member and the second outer claw member each has the handle (108) at its rear to operate the hair fastener and the plurality of distal ends define a front outwardly facing surface of the front portion of the hair fastener (see Fig 24-25), the outer claw members together define a cavity between which the first and second inner claw members reside (see Fig 24) and a distal end of the inner fingers terminates at the front outwardly facing surface (see Figs 24-25) of the front portion of the hair fastener (see annotations). Claim 15: The number of the outer fingers of the first outer claw member is 2 and the number of the inner fingers of the first inner claw member is 1 (see annotations). Claim 17: the outer fingers of the first outer claw member and the inner fingers of the first inner claw member are arranged laterally across the hair fastener (see Fig 24) in an alternating manner and the outer fingers of the second outer claw member and the inner fingers of the second inner claw member are arranged laterally across the hair fastener in an alternating manner (see Fig 24 & annotations). Claim 18: in the default configuration, the protrusions of the first inner claw member abut at least some of the protrusions of the second inner claw member (see annotations). Claim 19: The entire device can be made of polyoxymethylene (POM) [0061], which is one of the materials disclosed by applicant to possess a flexural strength of 40-130.5MPa and a pull force of 0.2-16lbs. Since Jenkins discloses the same material disclosed by applicant, claimed properties or functional characteristics are presumed to be inherent, and a prima facie case of either anticipation or obviousness has been established. Claim 20: Jenkins discloses a hair fastener (102, Fig 24) comprising: a first outer claw member hinged, or pivotally connected, at its rear end to a second outer claw member (see annotations). A plurality of outer fingers diverge and extend from a rear portion to a front portion of the outer claw members (see annotations). The plurality of outer fingers include a plurality of prongs (see annotations) such that in default/closed configuration the prongs of the first outer claw member interlock with the prongs of the second outer claw member and the fastener includes a first inner claw member (see annotations) and a second inner claw member (see annotations) secured to both the inward (via the windows and 30a & 30b) and outward facing surfaces of the rear portion of the first outer claw member and the second outer claw member (see annotations). The first outer claw member and the second outer claw member are each provided with a handle (108) at the rear end for operating the fastener; the first inner claw member and the second inner claw member are each provided with an inner finger (see annotations) and protrusions extending from the inner fingers (see annotations). Two inner fingers are provided, one on the first inner claw member and one on the second inner claw member and each of these fingers includes a plurality of protrusions that point toward each other and cooperate (see annotations). A clearance, or an opening, (32) is provided between the inner fingers of the first inner claw member and the outer fingers of the first outer claw member and a clearance, or an opening, (32) is provided between the inner fingers of the second inner claw member and the outer fingers of the second outer claw member such that at least a portion of the inner fingers (30a & 30b) can flex towards or away from the outer fingers of the respective claw members (see Figs 11 & 24-26). In the default configuration, the protrusions of the first inner claw member abut at least some of the protrusions of the second inner claw member (see annotations). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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(s) 5 and 16, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins (US 20240081503). Claims 5 and 16: Jenkins discloses the invention of claims 4 and 15 (see above) and discloses the invention essentially as claimed except for n=6. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide six outer claw fingers instead of two since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. See MPEP 2144.04(VI)(B). Response to Arguments Applicant’s arguments filed 11/21/25 have been considered but are moot because they are all drawn to the substantial amendments submitted. These new claim limitations have been addressed with modified grounds of rejection, rendering the arguments moot. 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Thursday 9:00am-5:00pm. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JENNIFER GILL/ Examiner, Art Unit 3772 /NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772
Read full office action

Prosecution Timeline

Feb 26, 2024
Application Filed
Sep 24, 2025
Non-Final Rejection — §102, §103, §112
Nov 21, 2025
Response Filed
Jan 27, 2026
Final Rejection — §102, §103, §112
Feb 28, 2026
Response after Non-Final Action

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Prosecution Projections

3-4
Expected OA Rounds
28%
Grant Probability
78%
With Interview (+49.4%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 609 resolved cases by this examiner. Grant probability derived from career allow rate.

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