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 .
Applicant’s election, without traverse, of Group I claims 1-10 directed to artificial hair is acknowledged. Accordingly, claims 11-15 are withdrawn from consideration at this time.
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 1-4 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horihata, U.S. Pre Grant Publication 2012/0052219.
Regarding claims 1-4, Horihata discloses an artificial hair having a crimp wave having a large crimp part and a small crimp [see abstract and Figure 1].
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Figure 1 shows a larger part alternating with a smaller part.
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large crimp smaller crimp
Paragraph 0034discloses that amplitude of wave ranging from 0.2 mm to 3 mm. Additionally, paragraph 0034 discloses the pitch ranging from 1 mm to 15 mm. Horihata discloses a range of amplitude for Applicant’s large crimp and small crimp. Figure 1 shows a large crimp and small crimp.
Regarding claims 7-9, paragraph 0033 discloses that the artificial fiber may be a modacrylic resin.
Claims 5-6 and 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. Applicant claims an artificial hair as recited in claim 1, further including wherein the fiber bundle has a flexion degree of 1.2 or more and 1.3 or less as recited in claim 5. Applicant claims an artificial hair as recited in claim 1, further including wherein the fiber bundle has an average flyaway hair rate of 23% or less at a portion of 10 cm from a hair tip when formed into a braid as recited in claim 6. Also, Applicant claims an artificial hair as recited in claim 1, further including wherein a bulk of the fiber bundle is 180% or more and 520% or less with respect to a bulk of the raw material fiber bundle of the same weight as recited in claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
