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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Objections
Claim 9 is objected to because of the following informalities: “… a second portion opposite to the second portion” and “the hair”. The “second portion” refers to the same portion of the claimed invention thus, it is impossible for the said “second portion” to be opposite same said “:second portion”. For continued examination, the examiner interprets the statement as …a second portion opposite to the first portion… The limitation “the hair” lacks sufficient antecedent and should be corrected to “a hair”. Appropriate corrections are required.
Claim(s) 10 – 17 are dependent/multiple dependent on claim 9 thus, are also objected to.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 9, 11, 15 – 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krattinger (WO 2023002418 A1).
Regarding claim 9, Krattinger discloses a method of curling hair comprising: providing a hair curler (see Fig. 22; page 8 lines 10 – 15) including: a container (1 Fig. 22) having: a first portion (see annotated Fig. 22), the first portion has a first end (1b Fig. 22) and a first opening (2a Fig. 24); a second portion opposite to the second portion (see annotated Fig. 22) and having a second end (1b Fig. 22), wherein the second portion and the first portion are made of the same material (see highlights 1 – 3 of attached translated WO-2023002418-A1; the whole of curler 1 comprising the first and second portions is preferably made entirely of hemp material), the first portion can be inverted over the second portion such that the first end extends toward the second end of the second portion (see how the first portion can be inverted over the second portion such that the first end extends toward the second end of the second portion as illustrated in Figs. 27 – 28); and a first fastener (links 34/36 Figs. 22 – 28) attached to the first portion (see annotated Fig. 22; links 34/36 are attached to the first portion); wrapping the hair (200 Fig. 22) around the second portion of the container to form substantially helical shape (see Fig. 22 as the hair (200) is wrapped majorly around the second portion in a substantially helical shape); inverting the first portion over the second portion to encompass the hair and the second portion (see Figs. 27 – 28 and highlight 4 of attached translated WO-2023002418-A1; the first portion is folded over the second portion encompassing the hair and the second portion covering element 301); securing a position of the first portion over the second portion using the first fastener; and leaving the hair encompassed in the first portion for a desired period of time (see highlight 5; krattinger discloses a styling process of drying the hair in contact with the curler 1 for a desired period of time).
Regarding claim 11, Krattinger discloses the method of curling hair substantially as set forth in claim 9 above. Krattinger further discloses the method of curling hair comprising applying a hair product on the hair before wrapping the hair around the second portion of the container (see highlight 6 of attached translated WO-2023002418-A1; the application of chemicals (hair product) on the lock 200 of hair is done preferably before folding the curler 1 at least partially in the Y direction of its length. See Fig. 26).
Regarding claim 15, Krattinger discloses the method of curling hair substantially as set forth in claim 9 above. Krattinger further discloses the method of curling hair wherein the step of providing the hair curler includes adjustably attaching the first fastener to the first end of the first portion and surrounding the first opening (see annotated Fig. 22 and Fig. 26; the first fastener (links 34/36) are adjustably attached to the first end (1b) of the first portion and surrounding the first opening (2a) (the slide 38 houses the links 34/36 which surrounds the first opening (2a)); the step of securing the position of the first portion over the second portion includes adjusting the first fastener to change a size of the first opening (see highlight 4; the sliding of the links 34/36 in the slide 38 tightens the first opening 2a thus, causing a change in the size of the first opening (2a) from wide or loose to small or tightened).
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Regarding claim 16, Krattinger further discloses that the clamping steps can be alternatively done using clamping means separated from the curler 1 (Fig. 22) and these clamping means can be clips (see highlight 7 of attached translated WO-2023002418-A1). Thus, it is obvious that the step of securing the position of the first portion (see annotated Fig. 22) over the second portion (see Fig. 28) can also be completed by coupling a clip or other clamping means with the first portion to further secure the position of the first portion to encompass over the second portion together with the first fastener (see Fig. 28 as the first portion encompasses over the second portion) (highlight 7 of attached translated WO-2023002418-A1 stated that the clamping means is separated from the curler 1 hence can be used together with the first fasteners (links 34/36) of the curler 1)
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.
Claim(s) 10, 12 – 14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krattinger (WO 2023002418 A1) in view of Srivastava (US 2002/0056467 A1) and further in view of Franklin (US 2024/80365945 A1).
Regarding claim 10, Krattinger discloses the claimed invention substantially as set forth in claim 9 above. Krattinger is silent regarding claim 10 wherein the step of providing the hair curler includes making the container using stretchable fabrics.
In the same field of endeavor, Franklin teaches an analogous method of curling hair wherein the step of providing the hair curler includes making the container (20 Fig. 1 – 2) using stretchable fabrics (see paragraph 0037; …at least a portion of element 20 may be made from at least one of a rayon, a hemp, a lyocell or a modal… The materials listed in paragraph 0037 are defined as stretchable fabrics by the applicant in paragraph 0014 of the specification).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Krattinger to incorporate a step of providing the hair curler which includes making the container using stretchable or flexible fabrics as taught by Franklin. One of ordinary skill in the art would be motivated make this modification in order to create a method of curling hair wherein the hair curler utilized in the method is provided with a container made from stretchable fabric in order to allow the user to easily twist and wrap the hair curler during the hair curling process thus, allowing for effective hair curling process and ease of styling the hair as desired by the user.
Regarding claim 12, Krattinger discloses the claimed invention substantially as set forth in claim 9 above. Krattinger is silent regarding claim 12 wherein the step of providing the hair curler includes creating a second opening at the second end of the second portion.
Srivastava further teaches an analogous method of curling hair wherein the step of providing the hair curler includes creating a second opening (32 Fig. 15) at the second end (the end of element 35 with the second opening 32, Fig. 15) of the second portion (Paragraph 0089; element 30 is the first open end and element 32 is another open end).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Krattinger to incorporate a step of providing the hair curler to include creating a second opening at the second end of the second portion, as taught by Srivastava. One of ordinary skill in the art would have been motivated to make this modification in order to create a method of curling hair wherein the hair curler utilized in the method is provided to include a second opening at the second end of the second portion in order create a method of hair curling that is customizable to the design desires of the user, to either enclose the hair entirely in the container by closing the second opening at the second end of the second portion or to let some hair hang loose and outside the container by allowing hair through the second opening at the second end of the second portion.
Regarding claim 13, Krattinger discloses the claimed invention substantially as set forth in claim 9 above. Krattinger further discloses a method of hair curling comprising: coupling the container to the hair using a clip before wrapping the hair around the second portion of the container (see highlight 7 of attached translated WO-2023002418-A1; the clamping step can be done using clamping means separate from the curler 1 (Fig. 25). These clamping means can be clips… thus, the simple knot (better illustrated in Figs. 24 – 28) can be substituted for clips). Krattinger further discloses a step of securing a position of the first portion to encompass over the second portion includes releasably closing the first opening using the first fastener (links 34/36 Fig. 28); and locking the first fastener in position to maintain a placement of the first portion to encompass over the hair around the second portion (see Figs. 27 – 28) (see highlight 4 of attached translated WO-2023002418-A1; after folding over the curler 1 with the first portion encompassing over the hair around the second portion, the links 34 and 36 are pulled, tightening the opening 2a and tied together above knot 301 thus, locking links 34/36 in position to maintain the placement of the first portion over the hair and around the second portion). However, Krattinger is silent regarding that the step of securing a position of the first portion to encompass over the second portion includes: holding the container in one hand and removing the clip from the container with another hand.
Srivastava further teaches an analogous method of curling hair wherein one hand is used to firmly grasps the first end (30 Fig. 10) of the container over the hair and the other hand is used to manipulate the container or its components as desired (paragraph 0097).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the step of securing a position of the first portion to encompass over the second portion disclosed by Krattinger to performed using two hands as taught by Srivastava, such that one hand holds the container and the other hand removes the clip from the container. One of ordinary skill in the art would have been motivated to make this modifications in order to easily manipulate the container and the hair during the styling process without the need for additional helping hands.
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Regarding claim 14, Krattinger in view of Srivastava discloses the claimed invention substantially as set forth in claim 13 above. Krattinger is silent regarding the step of securing the position of the first portion includes coupling the clip with the first portion to further secures the position of the first portion to encompass over the second portion. However, Srivastava further teaches that the bottom end of 32 (see annotated Fig. 15) which is the first end of the first portion (see annotated Fig. 15) can also carry a hair clip to help anchor the completed knot in place (see paragraphs 0089 and 0090). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of curling hair disclosed by Krattinger to include a step of securing the first portion (see annotated Fig. 22 of WO-2023002418-A1 ) to include coupling a clip with the first portion as taught by Srivastava, in order to help anchor the first portion in place or position as suggested by Srivastava.
Regarding claim 17, Krattinger discloses the claimed invention substantially as set forth in claim 9 above. Krattinger is silent regarding the method further comprising: disposing a third fastener on the first portion; and disposing a fourth fastener on the second portion; wherein the step of securing the position of the first portion over the second portion includes coupling the third and fourth fasteners when the first portion is inverted and over the second portion.
Srivastava further teaches the analogous method further comprising: disposing a third fastener on the first portion (paragraph 90… bottom end 32 of sleeve 35 can also carry a hair clip, a chopstick pin, a hair net or other equivalent means to help anchor the completed knot in place… also see annotated Fig. 15 above); and disposing a fourth fastener on the second portion (paragraph 89…other means such as drawstrings, Velcro, buttons, hair-clips and other equivalent means to anchor top end 30 to the top end of ponytail 42… (see Figs. 10 – 11 and annotated Fig. 15); wherein the step of securing the position of the first portion over the second portion includes coupling the third and fourth fasteners when the first portion is inverted and over the second portion (Fig. 28 of WO-2023002418-A1 illustrates that the third and fourth fasteners could be used to secure the curler in any desired position and the claimed position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Krattinger to further comprise disposing a third fastener on the first portion and a fourth fastener on the second portion, as taught by Srivastava, wherein the step of coupling the first portion over the second portion as disclosed by Krattinger, includes coupling the third and fourth fasteners when the first portion is inverted and over the second portion, in order to further secure the first portion more firmly over the second portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIEMERIE C AZUBUOGU whose telephone number is (571)272-0664. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00PM.
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/C.A./ Patent Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772