DETAILED ACTION
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) 1 and 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (US 8161982) in view of Lee (KR 101086284).
Claim 1: Hsu discloses a hair clip structure comprising: a first clip piece (see annotations) and a second clip piece (see annotations), which are substantially symmetric (see annotations). The first clip piece includes a lower first clamping portion (see annotations) on a lower end thereof, a first pressing portion (see annotations) on an upper end thereof, and a first pivotal portion (see annotations); and the second clip piece includes a second clamping portion on a lower end thereof, a second pressing portion on an upper end thereof (see annotations) and a second pivotal portion (see annotations). An elastic spring element (10; Col 4, 1-15) provides a clamping force to the first clip piece and the second clip piece (Col 4, 1-20). The first clamping portion and the second clamping portion each includes a plurality of first connecting plates (see annotations) being substantially straight, or rectilinear, (see annotations) and including a lower end pivotably connected to the first clip piece or the second clip piece (see annotations) by a lower hinge and by an upper hinge (see annotations). Hsu discloses providing these expandable pivoting linkages/connecting plates on each clip member in order to provide a size adjustable hair clip that can hold different amounts of hair in use (Col 4, 25-40). The lower end of both the first clip piece and the second clip piece each comprises two hinge pegs, one on each of their lower left and right sides (see annotations). There are at least four first connecting plates (see annotations) and at least four second connecting plates with each of the connecting plates having a hole (151, Fig 2) that receives one of the hinge pegs of the clip (see Figs 1-2 & annotations). The first clip piece and second clip piece each include two pegs that mate with two connecting plates (see annotations).
Hsu discloses the invention essentially as claimed except for each hinge connection being lockable via a series of positioning grooves located about a periphery of the hinge axis/pivot, thereby forming “extension positioning grooves” and “contraction positioning grooves” disposed radially around each hinge peg/connection to allow for selective adjustment of the size of the hair clip and the ability to lock the clip in various different sizes in use.
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Lee, however teaches a headband (1) including a hinged clamping member (2) wherein the hinge includes a central pivotal peg (3, Fig 3) including a series of slits (see Fig 3) to permit flexible deformation and including a top end protrusion (32) for snap fitting into the hinge pivot hole (see Fig 3). The pivot connection further includes a first positioning portion at a bottom end thereof (see annotations) and including at least a first extension positioning groove (see annotations) and a first contraction positioning groove (see annotations) that selectively couple with a positioning member in order to allow the hinged components to be locked in a series of different positions for the common sense reason that this allows for holding different amounts of hair with a singular device. In other words, Lee teaches providing hinged hair clipping members with a lockable hinge device including a positioning portion in the form of a series of positioning grooves located around the hinge pivot that receive a positioning member to lock the two clipping members in different positions in order to achieve holding different amounts of hair with the device. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing (or the time of invention if Pre-AIA ) to modify the hair clip of Hsu to comprise the locking hinge mechanism of Lee at each hinged connection between the first and second connecting plates of Hsu since Lee teaches that locking hinged clips in different positions is useful for holding different amounts of hair. The proposed modification would result in each of the first connecting plates include a series of positioning grooves disposed around the pivot holes (151) and the second connecting plates include a positioning member (see annotations) disposed near the pivot pins (141) for mating with these positioning grooves and locking the various hinges in different positions to hold different amounts of hair.
So the proposed modification discloses the invention essentially as claimed except for the first connecting plates including one socket and one protrusion, while the second connecting plates include one socket and one protrusion. However, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the linkages (first and second connecting plates) to each include one protrusion and one socket instead of the first plates carrying both sockets and the second plates carrying both protrusions, since it has been held that rearranging parts of a prior art structure involves only routine skill in the art. See MPEP 2144.04(VI)(C). In the instant case, applicant is claiming that the first connecting plates carry a pivot pin on one end and a pivot hole on the other and modified Hsu simply teaches providing both pivot holes on the first connecting plates, so rearranging this so that each plate carries both a socket and a protrusion does not require a leap of inventiveness. This would result in the second connecting plate having a third positioning portion including a third extension positioning groove and third contraction positioning groove that receives a corresponding positioning member to lock the components in various alignments thereby adjusting the size of the clip and the amount of hair held therein.
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Claim 3: The proposed modification already teaches the pivotal pegs to each include a slit and a top end protrusion because this is taught by Lee and the proposed modification is to provide the locking hinge mechanism of Lee for the hinge connections of Hsu. So modified Hsu teaches these limitations.
Claim 4: Modified Hsu discloses the invention of claim 1 and Hsu further discloses insertion pegs, or teeth, for penetrating the hair, extending from a lower end of the second connecting plates (see Fig 2). Modified Hsu discloses the invention essentially as claimed except for teeth also extending from a bottom of the first connecting plates. However, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the hair clip of modified Hsu by providing additional teeth extending from a lower end of the first connecting plates, 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).
Claim 5: Modified Hsu discloses the invention of claim 2 and Hsu further discloses each of the plurality of second connecting plates including a rounded or curved section on the upper end thereof (see annotations) that carries a pivot connection (see annotations). Since the first clip member and second clip member are disclosed to carry pivot pegs at a bottom end thereof (see Fig 1) and the proposed modification is to provide the first connecting plates with one pivot hole/socket on one end and a pivot peg at the opposite end, the proposed modification would result in the pivot peg being located at an upper end of the first connecting plate and the first clip member and second clip member retaining the pivot pegs at the lower end so the lower end of the first connecting plates comprises the pivot hole/socket. This modification also results in the upper end of the second connecting plate comprising the pivot hole/socket while the lower end of the second connecting plate retains a pivot pin. So the proposed modification would result in the second connecting plates comprising the second pivotal hole formed on the curved upper section of the second connecting plates as claimed.
Response to Arguments
Applicant's arguments filed 12/19/25 have been fully considered but they are not persuasive.
Applicant argues that applicant’s invention works differently than the hair clip of Hsu and Lee because in applicant’s opinion applicant’s device “achieves better performance”; however, this does not change that the proposed combination teaches all the claimed structure set forth in the claims. The claims require “grooves disposed radially with respect to the pivot hole” and grooves disposed radially around the pivot hole as taught by the proposed combination meet this structural limitation. So the argument is not persuasive. Applicant is respectfully recommended to add structure to the claims to overcome the prior art.
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.
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/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/ Primary Examiner, Art Unit 3772
