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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 2/22/24 and 7/15/25 was/were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) has/have been considered by the examiner.
Election/Restrictions
Applicant’s election of Species VIII (Figs 16-18) in the reply filed on 11/25/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim(s) 20-22 and 24-25 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/25/25.
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 “sensors” of claims 2 and 13; “the one or more raised features” of claims 2 and 9; “the one or more positioners including one or more projections and sticky materials at the leading edge and the one or more positioners including a plurality of teeth, bulges, humps, jags…at the leading edge” of claim 3; “the tensioners including one or more protuberances and one or more ingresses and the one or more tensioners including one or more textures and one or more sticky materials” as set forth in claim 5, “the one or more tensioners consisting of knobs, buttons prongs, pegs…and the one or more locks selected from a combination of pins, buttons, and levers” of claim 6;
“the kit including one or more hair tools” of claim 17;
“the brushes, combs, picks, applicators, and combinations” of claim 18.
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Figures 1 and 3 is/are objected to under 37 CFR 1.84 (m) because the figures contain shading, which fails to aid in understanding the invention and/or reduces legibility. Shading may be used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object; flat parts may also be lightly shaded, but such shading is preferred in the case of parts shown in perspective, not for cross sections. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color.
Figure 14 is objected to for extraneous matter in the form of text, this should be replaced with reference characters. The headings “Open clip sectional view” and “closed clip sectional view” are also improper and should be removed.
Figures 14 and 18 is/are objected to because they contain cross-sectional views without indicating the plane upon which the sectional views are taken as required by 37 CFR 1.84 (h)(3). These figures are also objected to for lacking hatching as is required of sectional views.
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 Objections
Claim(s) 10 and 12 is/are objected to because of the following informalities:
Claims 10 and 12: in “(b)” replace “The” with ---the---.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 2-3, 5-6, 8-13 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 2 and 13: each of these claims recites a series of “sensors”; however, while the disclosure broadly states in [0023] “The one or more sensing means comprises heat sensors, time sensors, or any combination thereof” and in [0185] “The sensing means may in turn communicate with one or more electronic devices”, no explanation is provided nor illustration of how this possible. Applicant does not specify any type of particular sensor, nor how a sensor would be attached to a “flap” that has no electric circuitry, cord, battery, power source, processor, etc. but the sensor is somehow still powered and the sensor somehow then communicating with some other electronic device while the entire flap is disclose to be a piece of plastic and have no power source. One of ordinary skill in the art would not know how to make this type of claimed sensing means in combination with the claimed flap. This is an enablement rejection.
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) 1-3, 5-6, 8-13, and 15-18 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 pre-AIA the applicant regards as the invention.
Claim 1: this claim recites “at least one flap component” in line 3 and then in the last lines recites “a further flap component”; this wording is confusing. For examination purposes, the claim will be treated as reciting “at least one first flap component” in line 3 and “a second flap component” in the last lines. Clarification or correction is requested.
Claim 2: replace “at least one flap component” with “at least one first flap component” at every occurrence. Clarification or correction is requested.
Claim 16: the word “optionally” renders the claim indefinite because it is unclear if the limitations after this word are actually required by the claim. 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.
Claim(s) 1-3, 5-6, 8-13, and 15-18, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ercole (FR 1358440).
Claim 1: Ercole discloses a device that can be used to apply a composition to the hair if so desire, the device comprising: a first flap component (1); the first flap component comprises an arcuate leading edge (see Fig 3); the first flap allows engagement with a section of a user’s hair (see Figs 5-7) and facilitates the contact of the hair with a composition if a user was putting a composition on their hair to help curl it (a known process) and this first flap would protect the scalp of the user and surrounding hair from a composition placed in contact with a composition because the first flap forms a barrier (see Figs 4-7) between the scalp and the hair being curled (see Figs 5-7). The first flap engages with a second flap component (2).
Claim 2: Ercole further discloses the first flap component including a tensioner (3) that keeps the hair in tension against the first flap component (see Figs 4-7).
Claims 3 and 8-13: claim 2 only requires one of the features and Ercole teaches the tensioner so the rest of these claimed features are options not required and therefore Ercole teaches these limitations.
Claims 5-6: Ercole discloses the tensioner being a protuberance, or a peg (see Fig 3).
Claim 15: the device can comprise plastic [0002].
Claim 16: the device comes with instructions (Figs 5-7).
Claims 17-18: the device can come with multiple curlers ([0002] discusses removing “curlers” plural so it discloses multiple curlers) and these curlers are curl “applicators”.
Claim(s) 1-3, 5-6, 8-13, and 16-18, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cahill (US 1708467).
Claim 1: Cahill discloses a device for applying curls to a user’s hair, which can include a composition if a user so desires, the device comprising: a first flap component (1) with an arcuate leading edge (see Fig 1), the first flap engages with a section of hair of a user (se Figs 5-8); the first flap contacts the hair (see Figs 5-8) and would contact a composition applied thereto while preventing the composition from contacting the scalp by sitting against the scalp; the first flap engages or folds with a second flap component (2, see Figs 1-2).
Claim 2: the first flap component (1) includes a tensioner (16 & 17) for keeping the hair tensioned against the first flap (see Figs 1-3).
Claims 3 and 8-13: claim 2 only requires one of the features and Cahill teaches the tensioner so the rest of these claimed features are options not required and therefore Cahill teaches these limitations.
Claims 5-6: the tensioners include one or more protuberances or fingers (16 & 17).
Claim 16: the device can include instructions (see Figs 5-8).
Claims 17-18: the kit can include a hair tool in the form of a hairpin that can be used as a hair pick (13, Figs 5 & 11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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-Friday 10:00am-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