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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 01/21/26 is acknowledged. The traversal is on the ground(s) that the method claim of claim 9 contains many of the same features as the device and the search would not be unduly burdensome. This is found persuasive and the restriction requirement has been removed.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/582,362, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Claims 1, and 4-9 receive the priority date of 63/582,362.
Claims 2-3 receive the priority date of 18/883,918.
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Claim Rejections - 35 USC § 102
(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 1-2 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walker (US 20140060566).
Regarding Claim 1, Walker discloses a pre-sewn hair weft (paragraph [0023]; figures 1-4b), comprising: a plurality of layers of hair (12; figure 3 depicts two layers of 12; figures 2-3); a plurality of loops (formed by 14a and 14b creating gap 16; figures 2-4b; paragraph [0027]) that are fixed to the layers of hair (paragraph [0027]); and a plurality of beads (26 and 26a; figures 1-4b; paragraph [0027]) with one of the plurality of beads slidably fixed to each one of the loops (paragraph [0026]).
Regarding Claim 2, Walker discloses the device of claim 1. Walker discloses the loops are comprised of a polymer (paragraph [0022] discloses that the loops 14a and 14b (within the reference recited as “weft band” can be a polyurethane material which is a polymer in paragraph [0022]).
Regarding Claim 4, Walker discloses the device of claim 1. Walker discloses the weft is delimited at a first end and a second end (figure 1) and the weft is sealed at each of the first and the second end (paragraph [022 discloses that machine wefts (as disclosed by Walker) are glued at the ends to keep them from unraveling and are therefore sealed).
Regarding Claim 5, Walker discloses the device of claim 1. Walker discloses the plurality of layers of hair are fixed to each other by one of stitching and sewing (paragraph [0022] discloses sewing and stitching the hair as is done for machine wefts).
Regarding Claim 6, Walker discloses the device of claim 5. Walker discloses the loops are fixed to the weft between the stitching (18 affixes the loops to the weft through stitching as disclosed in paragraph [0025]).
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 3 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Walker (US 20140060566) in view of Rangel (US 20190357614).
Regarding Claim 3, Walker discloses the device of claim 1. Walker does not disclose the beads are comprised of aluminum and lined internally with silicone.
Rangel discloses a pre-sewn hair weft (Figures 1-3), comprising: a plurality of beads (37; figures 1-3), the beads are comprised of aluminum and lined internally with silicone (paragraph [0032]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the beads of Walker to be beads so they are comprised of aluminum and lined internally with silicone as taught by Rangel in order to allow a professional the ability to install the links flatter to the head for maximum comfort to the client and to remain undetectable (Paragraph [0032]).
Regarding Claim 7, Walker discloses the device of claim 1. Walker does not disclose the layers of hair are comprised of natural hair.
Rangel discloses a pre-sewn hair weft (figures 1-3), comprising: layers of hair (figures 1-3) comprised of natural hair (paragraph [0003] discloses that hair extensions use either human or synthetic hair).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the layers of hair of Walker to be composed of natural hair as taught by Rangel in order to look more natural when placed on the user’s head and add to the fullness of the hair.
Regarding Claim 8, Walker discloses the device of claim 1. Walker does not disclose the layers of hair are comprised of synthetic material.
Rangel discloses a pre-sewn hair weft (figures 1-3), comprising: layers of hair (figures 1-3) comprised of synthetic material (paragraph [0003] discloses that hair extensions use either human or synthetic hair).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have specified the layers of hair of Walker to be comprised of synthetic material as taught by Rangel in order to decrease the cost of manufacturing and add to the fullness of the hair.
Regarding Claim 9, Walker discloses a method of assembling a pre-sewn weft hair extension on an individual (paragraph [0004]; figures 1-4b), comprising the following steps: providing a pre-sewn weft (paragraph [0023]; figures 1-4b) that includes a plurality of layers of hair (12; figure 3 depicts two layers of 12; figures 2-3), a plurality of beads(26 and 26a; figures 1-4b; paragraph [0027]) and a plurality of loops (formed by 14a and 14b creating gap 16; figures 2-4b; paragraph [0027]) with the loops moveably attached to the weft (via 18; figures 1-4b; paragraph [0025]) and one of the beads slidably fixed to each one of the loops (paragraph [0026]); placing a sectioned portion of hair in one of the loops (paragraph [0018] discloses separating out parts of the natural hair to be feed into the weft; figure 2); sliding a respective one of the beads toward an end of each sectioned portion of the hair closest to the head of an individual (paragraph [0027]); and crimping each one of the beads (paragraph [0026]).
Walker does not disclose sectioning an individual’s hair along a back of a head of the individual.
Rangel discloses a method of assembling a pre-sewn weft hair extensions on an individual (figures 1-3), including sectioning an individual’s hair along a back of a head of the individual (figure 1 along 22; figure 1; paragraphs [0038] and [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the method of assembling the re-sewn weft hair extensions of Walker to have included sectioning an individual’s hair along a back of a head of the individual as taught by Rangel in order to ensure that when the beads are placed in the hair, individual strands that are not intended to be used are caught and improve the comfort of the patient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sydney J Pulvidente whose telephone number is (571)272-8066. The examiner can normally be reached Monday - Thursday, 7:30 a.m. - 3:30 p.m..
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/SYDNEY J PULVIDENTE/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772