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 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.
Claims 1-7 and 9-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horihata et al. (JPWO2006038447).
Regarding claims 1-2 and 10-11, Horihata et al. teach a fiber for artificial hair with the fiber comprising a vinyl chloride polymer and an aromatic vinyl polymer (considered to be the vinyl based copolymer) wherein the vinyl chloride polymer is a homopolymer and vinyl chloride based acrylic graft copolymer [page 3 and claim 1]. The content of the vinyl chloride based acrylic graft copolymer is substantially 0 parts by mass with respect to 100 parts by mass of a total of the vinyl chloride polymer and vinyl polymer (There is no vinyl chloride based acrylic graft copolymer). Given this teachings along with Horihata et al. teaching such a similar fiber made of such similar composition in such similar amounts, the claimed heat shrinkage rate and amount (including as defined in the claim) is necessarily inherent to the fiber of Horihata et al.
Regarding claim 3, a content of the vinyl chloride polymer is in the claimed range and a content of the aromatic vinyl polymer is in the claimed range [claim 1].
Regarding claims 4-5, the aromatic vinyl polymer has a styrene based compound (styrene) and methacrylonitrile as monomer units [Example 1].
Regarding claims 6 and 12, a proportion of the monomer units of the styrene based compound is in the claimed range by mass and a proportion of the monomer unit of the (meth)acrylonitrile is in the claimed range by mass on the basis of the entire aromatic vinyl polymer [claim 3].
Regarding claim 7, Horihata et al. teach a fiber bundle for artificial hair comprising the fiber for artificial hair according to claim 1 [page 7].
Regarding claim 9, Horihata et al. teach a hair decoration product (wig) comprising the fiber bundle for artificial hair of claim 7 [page 7].
Regarding claim 13, Horihata et al. teach the aromatic vinyl polymer has a styrene based compound as a monomer unit and a proportion of the monomer unit of the styrene based compound is 85% by mass or more on the basis of the entire aromatic vinyl polymer.
Regarding claim 14, Horihata et al. teach the aromatic vinyl polymer has (meth)acrylonitrile as a monomer unit and a proportion of the monomer unit of the (meth)acrylonitrile is in the claimed range by mass on the basis of the entire aromatic vinyl polymer [claim 3].
Regarding claim 15, Horihata et al. teaches the aromatic polymer has a (meth)acrylonitrile as a monomer unit and a proportion of the monomer unit of the (meth)acrylonitrile is in the claimed range by mass on the basis of the entire aromatic vinyl polymer [claim 3].
Regarding claims 16-17, the total amount of the monomer unit of the styrene based compound and the monomer unit of the (meth)acrylonitrile is in the claimed range by mass on the basis of the entire aromatic vinyl polymer [claim 3].
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 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Horihata et al. (JPWO2006038447)
Regarding claim 7, Given the teachings of Horihata et al. in use of a wig and the artificial fiber for hair and the level of knowledge of one of ordinary skill in the art at the time of the invention, it would have been more than obvious to one of ordinary skill in the art to use the artificial fiber in a bundle which is merely a collection of multiple fibers in order to use the bundle in a wig or other commonly known uses of artificial hair fibers in the art and arrive at the claimed invention.
Regarding claim 9, Horihata et al. teach a hair decoration product (wig) comprising the fiber bundle for artificial hair of claim 7 [page 7].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Horihata et al. (JPWO2006038447) in view of Horihata et al. (PG Pub. 2021/0171754, hereinafter referred to as ‘754).
Regarding claim 8, Horihata et al. is silent regarding the claimed different fiber. However, ‘754 teaches blending different fibers together in order to take advantage of various improved properties. It would have been obvious to one of ordinary skill int the art to use the different fiber of ‘754 in Horihata et al. in order to take advantage of various improved properties and arrive at the claimed invention.
Prior Art Not Used but Relevant
PG Pub. 2006/0237869 teaches artificial vinyl polymer used for hair.
Response to Arguments
Applicant's arguments filed 08/17/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant is invited to amend the claims over the cited art.
Art Not Used but Relevant
PG Pub. 2021/0246294 teaches an artificial hair comprising vinyl chloride and an aromatic vinyl polymer.
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 SHAWN MCKINNON whose telephone number is (571)272-6116. The examiner can normally be reached Monday thru Friday generally 8:00am-5:00pm EST.
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/Shawn Mckinnon/Examiner, Art Unit 1789
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