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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the fold must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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) 1-4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marriott (US 2600557 A) in view Lehrer (US 5490289 A).
Re. Claim 1, Marriott discloses a device capable of being a wig maintenance device (Fig. 1-5), comprising:
a water resistant, elongated hood (Fig. 1; Col. 2, lines 10-14) having
a concave inner surface (Annotated Figure A of Fig. 1),
a convex outer surface (Annotated Figure A of Fig. 1), and
a fold formed along at least one edge thereof (18/19; Annotated Figure B of Fig. 6; Col. 2, lines 21-26),
a pocket formed on the convex outer surface at a first end of the water resistant, elongated hood (Annotated Figure B of Fig. 6 where it is made by the fold); and
a flexible reinforcement strip (22; Col. 2, lines 29-30) contained within the fold (Fig. 1 where it is within the fold by being integrated within fold).
However, Marriott is silent to an absorbent installed within the pocket. Marriott does disclose that the pocket is designed to have the solution to be collected (Col. 2, lines 29-33).
Lehrer discloses a device in the analogous art of catching material and further discloses a pocket (Fig. 3; 24) where a second panel of absorbent material (42) is found and also extends throughout the device (Fig. 1; Col. 3, lines 13-18). The absorbent material 42 is removable and intended to catch spills. Further, the pocket also comprises an inner layer made of a broadcloth to absorb liquids (28; Col. 2, lines 44-54).
It would have been obvious to someone skilled in the art before the effective filing date to have pocket of Marriott to include an absorbent installed within the pocket as taught by Lehrer to absorb the liquid spilled into the pocket.
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Annotated Figure A
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Annotated Figure B
Re. Claim 2, Marriott and Lehrer discloses the wig maintenance device of claim 1, wherein Marriott discloses at least one end of the fold abuts the pocket (Annotated Figure B of Fig. 6).
Re. Claim 3, Marriott and Lehrer discloses the wig maintenance device of claim 1, wherein Lehrer discloses the device comprising a water-resistant layer formed of polyester (Col. 2, lines 37-43). Marriott discloses that the water-resistant hood is made of plastic or any suitable waterproof material (Col. 2, lines 10-14).
As such, it would have been obvious to someone skilled in the art before the effective filing date to have the water resistant hood of Marriott and Lehrer be formed of polyester as taught by Lehrer as it is a design choice as to the type of material used where the function of being water-resistant remains the same.
Re. Claim 4, Marriott and Lehrer discloses the wig maintenance device of claim 1, wherein Marriott further discloses the concave inner surface is configured to accommodate a mannequin head and the convex outer surface is configured to accommodate a wig (See Fig. 1 where the concave inner surface is configured to a user’s head and as such is fully capable of being configured to a mannequin head. Further, the convex outer surface is fully capable of being configured to accommodate a wig).
Re. Claim 6, Marriott and Lehrer discloses the wig maintenance device of claim 1, wherein Lehrer further discloses the absorbent is an absorbent liner (28; Col. 2, lines 44-54).
Allowable Subject Matter
Claims 5, and 7-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
It is found that Marriott is the closest prior art where it discloses a device that can function as the wig maintenance device of claim 1 in combination with Lehrer.
However, though Marriott in combination with Lehrer discloses having an absorbent liner in the device, they are silent to the absorbent being used to specifically keep the pocket in an open position and also the absorbent being a sock resting within an absorbent liner in the pocket.
Further, Marriott is silent to the method of use as further claimed in claim 8-10. It is silent to suspending the wig maintenance device of claim 1 over a doorknob; washing a wig; mounting the wig onto the wig maintenance device; transferring the wig maintenance device and the wig to a mannequin head; and drying the wig.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY T TO whose telephone number is (571)272-0719. The examiner can normally be reached Monday - Thursday 6:30 - 4:30.
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/HOLLY T. TO/Examiner, Art Unit 3772
/THOMAS C BARRETT/SPE, Art Unit 3799