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, 4, and 10 are objected to because of the following informalities: : Please change “used to fit” language to: - -configured to fit- - or - -capable of fitting- -. 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 2-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2-4 and 10, contain “and/or”, the term and/or is indefinite since it is unclear if the subject matter is required in the claim in the "and" format or not required in the "or" format.
Regarding claims 4 and 10, the phrase "comb-like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
In claims 4 and 5 there is an inconsistency in the language of the claim and that of the base claim 1 thus making its scope unclear. Base claim 1 recites a wig-fixing strap with the wig only functionally recited, thus indicating that the claims are directed to the subcombination, the wig-fixing strap. However, claims 4 and 5 positively recites the wig, i.e. the comb and front band, thus indicating that the claim is directed to the combination of the wig and strap. As such it is unclear whether applicant intends the claim to be drawn to the combination or the subcombination. Applicant is hereby required to indicate which, the combination or subcombination claims 4 and 5 are intended to be drawn and make the language consistent with this intent. For examination purposes, these claims will be considered as drawn to the subcombination.
Claim 5, “the length” lacks a prior antecedent.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 4, 5, 8, 9/1, 9/2, 9/4, 9/5, 9/8, 10/9/1, 10/9/2, 10/9/4, 10/9/5, and 10/9/8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2004/0200494).
Lee discloses wig-fixing strap comprising a base body part (10) used to encircle a user's head; and a connecting part (12) set on said base body part and used to fit and connect with and a wig (see Figures 1 and 2). Regarding claim 2, the base body part (10) comprises a left portion, a forehead portion and a right portion that are connected sequentially; at least portions of said connecting part are disposed on said left portion and said right portion; and/or at least portions of the connecting part are disposed on the forehead (see Figures 1 and 2). Regarding claim 4, the first buckle area comprises a plurality of first buckling holes and the section buckle area comprise a plurality of section buckling holes (paragraph 37). Regarding claim 5, the wig-fixing strap further comprises an extension portion (opposite 12) that is connected to said forehead portion in the length of said forehead portion; said extension portion is used to fit with at least parts of the user's forehead when said base body part encircles the user's head; said extension portion is used to fit with a front band of said wig (see Figures 1 and 3). Regarding claim 8, the base body part (10) has a strip-shaped structure, one end of said left portion away from said forehead portion is provided with a first connector (11), and one end of said right portion away from said forehead portion is provided with a second connector (11); said first connector is used to adjustably connect with said second connector, so that said base body part forms a ring-shaped structure that can encircle the user's head (see Figure 1; paragraph 36). Regarding claim 9, wherein said wig comprises a holding portion (16) and a wig portion (13) disposed on said holding portion, and said holding portion is used for wearing on the user's head and fits and connects with said connecting part (see Figure 2). Regarding claim 10, the connecting part (12) comprises a plurality of first buckle holes and a plurality of second buckle holes, said holding portion (16) comprises a comb-like piece, which is used to fit with said plurality of first buckle holes and said plurality of second buckle holes; and/or said holding portion further comprises a front band, which is used to fit with an extension portion (see Figure 1 and 2).
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(s) 3, 6, 7, 9/3, 9/6, 9/7, 10/9/3, 10/9/6, and 10/9/7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2004/0200494) in view of Oladipo (US 2024/0335018).
Lee discloses the claimed invention except for an anti-sliding strap and the left and right portions having a U-shaped ear dodging portion. Oladipo teaches a wig-fixing strap comprising an anti-sliding strap and left and right U-shaped ear dodging portions (50) (see Figure 1; paragraph 14). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Lee be made with an anti-sliding strap as taught by Oladipo to help hold and retain the device on the wearer’s head. It further would have been obvious to one having ordinary skill in the art before the effective filing date to have the device of Lee comprise ear cutouts as taught by Oladipo to allow for a more secure fit to the user’s head.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
9/24/2025