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 .
Election/Restrictions
Claims 11-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/16/2026.
Applicant's election with traverse is acknowledged. The traversal is on the ground(s) that the method requires an animal-themed decorative exterior surface. This is not found persuasive because the device could also be produced by a materially different method such as forming the headband and curlers integrally with each other instead of through separate attachment steps as is required by the method of producing. The device can also be used to practice a materially different method such as where only one of the curlers is used to curl hair instead of twisting hair around both the first and second curlers as is required by the method of use claims.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 2 and 4 are objected to because of the following informalities:
Claim 2: “adjustable-length headband” in line 1 should read “the adjustable-length headband”.
Claim 4: “second semi-rigid” in line 2 should read “the second semi-rigid”.
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 8 and 9 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.
Claim 8 recites “at least one animal-themed feature”. It is unclear if this is referring to the previously set forth animal-themed feature of claim 7. For the purpose of examination, this is interpreted as reading “the at least one animal-themed feature”.
Claim 9 refers to the set of ears or set of eyes. However, claim 8, which claim 9 is dependent on, does not require ears or eyes and can instead have one or more horns. It is unclear if claim 9 is not requiring ears or eyes. For the purpose of examination, claim 9 only requires the claimed adjustment when the curler has ears or eyes.
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 (i.e., changing from AIA to pre-AIA ) 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 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Druschell (US 20250176692 A1) and in view of Dutch (US 5372152) and further in view of Bitton (US 20190335827 A1).
Regarding claim 1, Druschell discloses an adjustable length heatless hair curler (figures 1-3; able to be used without heat), comprising:
an adjustable-length headband 12 with a first end and a second end;
a first semi-rigid cylindrically shaped hair curler 14 attached with the first end of the adjustable-length headband;
a second semi-rigid cylindrically shaped hair curler 16 attached with the second end of the adjustable-length headband
Druschell is silent regarding an animal-themed decorative exterior surface covering the adjustable length headband and the pair of semi-rigid cylindrically shaped hair curlers which mimics the look of an animal.
However, Dutch teaches a hair shaping device wherein the entire device is covered in fabric (Col. 4, lines 17-21). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Druschell by having the entire device covered in fabric, as taught by Dutch, for the purpose of protecting the device from the oils of the hair. Druschell/Dutch does not disclose the covering having an animal-themed decorative exterior surface curlers which mimics the look of an animal.
However, Bitton teaches a device for use on the hair that uses an animal-themed decorative exterior surface which mimics the look of an animal (paragraph 0025: “animal print” would either have an image that mimics the look of an animal or be of a pattern that mimics that of an animal).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Duschell/Dutch by having the covering have an animal-themed decorative exterior surface curlers which mimics the look of an animal, as taught by Bitton, for the purpose of providing an entertaining look to a user.
Regarding claim 6, the device made obvious as set forth above is such that the animal-themed decorative exterior surface is a fabric material with an animal print pattern (Bitton paragraph 0053).
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Druschell (US 20250176692 A1), in view of Dutch (US 5372152), further in view of Bitton (US 20190335827 A1), further in view of Kingsbury et al (US 20110185542 A1) and further in view of Van Der Veur (US 20150250280 A1).
Regarding claims 2 and 3, Druschell as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1.
Druschell is further silent as to:
(Re. claim 2) wherein adjustable-length headband is formed from a first portion of buttonhole elastic and a second portion of non-buttonhole elastic with a button affixed thereto which is configured to removably attach with a button hole in the buttonhole elastic;
(Re. claim 3) wherein the adjustable-length headband includes an opening in a center underside portion of the exterior surface to access the buttonhole elastic.
However, Kingsbury teaches:
(Re. claim 2) an adjustable length device formed from a first portion of buttonhole elastic (portion of 30 with buttonhole(s) 36) and a second portion of non-buttonhole material) with a button 60 affixed thereto which is configured to removably attach with a button hole 36 in the buttonhole elastic;
(Re. claim 3) wherein the adjustable-length headband includes an opening (at 80 in figure 4B) in a center underside portion (center in transverse direction; underside considered a relative term and may be interpreted as either side) of the exterior surface to access the buttonhole elastic.
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Druschell by having:
(Re. claim 2) wherein adjustable-length headband is formed from a first portion of buttonhole elastic and a second portion of non-buttonhole elastic with a button affixed thereto which is configured to removably attach with a button hole in the buttonhole elastic;
(Re. claim 3) wherein the adjustable-length headband includes an opening in a center underside portion of the exterior surface to access the buttonhole elastic,
As taught by Kingsbury, since such a modification would be a simple substitution of one adjustable length structure for another with predicable results.
Van Der Veur teaches material of an adjustable length headband being elastic (paragraph 0034). It would have been obvious to one of ordinary skill in the art, at the time of filing to further modify the combination above by having the non-buttonhole material be elastic, as taught by Van Der Veur, for the purpose of providing increased comfort and adjustment of the fit of the device.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Druschell (US 20250176692 A1) and in view of Dutch (US 5372152), further in view of Bitton (US 20190335827 A1), further in view of Campbell (US 20170112252 A1) and further in view of Van Der Veur (US 20150250280 A1).
Regarding claim 4, Druschell as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Druschell is further silent regarding the fill material of the hair curlers being foam and made of polyester. However, Campbell teaches fill for hair curlers being foam (paragraph 0006) and Van Der Veur teaches fill for hair devices being polyester (paragraph 0027).
Therefore, it would have bene obvious to one of ordinary skill in the art, at the time of filing, to modify Druschell by using foam, as taught by Campbell for the purpose of using a known flexible material that can be shaped for curling hair and having the material be polyester for filling the cylinders, as taught by Van Der Veur for the purpose of using a material that is quick drying and will wick moisture from user’s head or hair.
Regarding claim 5, Druschell as modified is further silent regarding an amount of fill material in each of the semi-rigid cylindrically shaped hair curlers can be adjusted. However, Van Der Veur further teaches hair shaping devices that have the amount of fill material able to be adjusted (paragraph 0030: ability to open and remove fill means that it is inherently able to be adjusted). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Druschell by having the cylinders such that an amount of fill material in each of the semi-rigid cylindrically shaped hair curlers can be adjusted, as taught by Van Der Veur, for the purpose of allowing the fill to be replaced or removed prior to laundering the device.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Druschell (US 20250176692 A1), in view of Dutch (US 5372152), further in view of Bitton (US 20190335827 A1) and further in view of Passarello (US D841240 S).
Regarding claims 7-9, Druschell as modified discloses the claimed invention substantially as
claimed, as set forth above for claim 6. Druschell is further silent regarding
(Re. claim 7) animal-themed decorative exterior surface includes at least one animal-themed feature extending from the adjustable-length headband;
(Re. claim 8) at least one animal-themed feature includes at least one of: a set of ears, a set of eyes, or one or more horns;
(Re. claim 9) wherein adjusting the length of the adjustable-length headband also adjusts the spacing of the set of ears or set of eyes.
However, Passarella teaches a headband
(Re. claim 7) with at least one animal-themed feature extending from the headband (horn in figure 1);
(Re. claim 8) at least one animal-themed feature includes at least one of: a set of ears, a set of eyes, or one or more horns (horn in figure 1);
(Re. claim 9) wherein adjusting the length of the adjustable-length headband also adjusts the spacing of the set of ears or set of eyes (claim only requires one horn-see 112b rejection above).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Druschell by providing
(Re. claim 7) animal-themed decorative exterior surface includes at least one animal-themed feature extending from the adjustable-length headband;
(Re. claim 8) at least one animal-themed feature includes at least one of: a set of ears, a set of eyes, or one or more horns;
(Re. claim 9) wherein adjusting the length of the adjustable-length headband also adjusts the spacing of the set of ears or set of eyes as taught by Passarello, for the purpose of entertainment of the user.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Druschell (US 20250176692 A1), in view of Dutch (US 5372152), further in view of Bitton (US 20190335827 A1) and further in view of Elkouby (US 20220346515 A1).
Regarding claim 10, Druschell as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Druschell is further silent regarding a first removable elastic band which surrounds an end portion of the first semi-rigid cylindrically shaped hair curler and a second removable elastic band which surrounds an end portion of the second semi-rigid cylindrically shaped hair curler.
However, Elkouby teaches a first removable elastic band 310 (figure 5) which surrounds an end portion of the first semi-rigid cylindrically shaped hair curler and a second removable elastic band 320 which surrounds an end portion of the second semi-rigid cylindrically shaped hair curler (shown removeable in figure 8).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Druschell by providing a first removable elastic band which surrounds an end portion of the first semi-rigid cylindrically shaped hair curler and a second removable elastic band which surrounds an end portion of the second semi-rigid cylindrically shaped hair curler, as taught by Elkouby, for the purpose of securing the hair coils on the curling rods.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J ROSEN whose telephone number is (571)270-7855. The examiner can normally be reached Monday-Friday 930am-6pm.
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/ERIC J ROSEN/ Supervisory Patent Examiner, Art Unit 3772
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