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 without traverse of 20-39 in the reply filed on 4/13/2026 is acknowledged. Non-elected claims 1-20 are now canceled.
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 20-39 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.
Claims 20 and 27 recite the limitation “closing a second row of teeth” followed by “closing a first row of teeth”. The limitation “second row of teeth” does not have proper antecedent basis because of the order of which the limitations are recited. The claims should be amended to recite the limitation “a first row” followed by “a second row” for proper antecedence.
Claim 34 recites the limitations “closing a third row of teeth” and “closing a second row of teeth” followed by “closing a first row of teeth”. The limitations “third row of teeth” and “second row of teeth” do not have proper antecedent basis because of the order of which the limitations are recited. The claim should be amended to recite the limitation “a first row” followed by “a second row” followed by a third row for proper antecedence.
Claim 37 recites the limitation “closing a third row of teeth protruding from a top portion of the clip”. It is unclear whether “a third row” is referring to the same row of teeth or something else. For examining purposes, it was understood as “the third row of teeth” that have been recited in claim 34.
Claims 21-26, 28-33, 35-36, 38-39 are rejected by virtue of dependency.
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) 20-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yan (US
D 1,035,143 S), in view of Jenkins (US 2024/0081503 A1).
Regarding claim 20, Yan teaches a method for securing hair (such that the hair clip is used to secure hair).
Yan teaches a clip having a first row of teeth and a second row of teeth (see annotated Figure below) and the first row of teeth being disposed closer to a top of the clip than the second row of teeth such that it creates a higher claw configuration than the second row of teeth (see Figures).
Yan is silent to the method explicitly comprising:
arranging hair in an arrangement; while holding the hair in the arrangement, opening a clip and placing the clip over the arrangement; and engaging the arrangement with the clip to hold the hair in the arrangement in place, including: closing the second row of teeth of the clip around at least a portion of the arrangement to secure the clip in place in the hair; and closing the first row of teeth of the clip in the arrangement, the first row of teeth grasping hair at an intermediate location within the arrangement to further secure the clip in place in the hair.
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Jenkins teaches a method of using a hair clip having multiple rows of teeth (see Figures) and comprising the steps of arranging the hair in an arrangement (see Figure 17), opening the claw clip (see Figures 12-13) and closing the hair clip around the arrangement (see Figures 10-17).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in an intermediate location of the clip relative to the second row).
Regarding claim 21, Yan in view of Jenkins teaches the method of claim 20 (see rejection above). The combination teaches wherein closing the second row of teeth of the clip around at least the portion of the arrangement includes closing the second row of teeth substantially around an exterior of the arrangement.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in an intermediate location of the clip relative to the second row).
Regarding claim 22, Yan in view of Jenkins teaches the method of claim 20 (see rejection above). The combination inherently teaches wherein closing the second row of teeth of the clip around at least the portion of the arrangement includes engaging the hair with the second row of teeth.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in an intermediate location of the clip relative to the second row).
Regarding claims 23-24, Yan in view of Jenkins teaches the method of claim 20 (see rejection above). Yan further teaches a third row of clips that would provide additional securement to the hair when clipped (see annotated Figure below). The combination inherently teaches wherein engaging the arrangement with the clip further includes: closing the third row of teeth in the arrangement, the third row of teeth engaging the hair within the arrangement to even further secure the clip in place in the hair and wherein closing the third row of teeth in the arrangement comprises closing a third row of teeth protruding from a top portion of the clip in the arrangement (see Figure below; such that the third teeth are located close to the top of the clip).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in performing the clipping as claimed.
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Regarding claim 25, Yan in view of Jenkins teaches the method of claim 20 (see rejection above). The combination teaches wherein closing the first row of teeth and closing the second row of teeth comprises closing the first row of teeth and the second row of teeth simultaneously.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would open/close all the teeth simultaneously when the pressing portions of the clip are pressed.
Regarding claim 26, Yan in view of Jenkins teaches the method of claim 20 (see rejection above). The combination teaches wherein closing the first row of teeth and closing the second row of teeth comprises closing a first row of teeth and a second row of teeth that are oriented parallel to each other (see figures of Yan).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in performing the clipping as claimed.
Regarding claim 27, Yan teaches a method for securing hair (such that the hair clip is used to secure hair).
Yan teaches a clip having a first row of teeth and a second row of teeth (see annotated Figure below) and the first row of teeth being disposed closer to a top of the clip than the second row of teeth such that it creates a higher claw configuration than the second row of teeth (see Figures).
Yan is silent to the method explicitly comprising:
arranging hair in an arrangement; while holding the hair in the arrangement, opening a clip and placing the clip over the arrangement; and engaging the arrangement with the clip to hold the hair in the arrangement in place, including: closing a second row of teeth of the clip around at least a portion of the arrangement to secure the clip in place in the hair; and closing a first row of teeth of the clip in the arrangement, the first row of teeth grasping hair at a location midway between a top edge of the clip and the second row of teeth to further secure the clip in place in the hair.
Jenkins teaches a method of using a hair clip having multiple rows of teeth (see Figures) and comprising the steps of arranging the hair in an arrangement (see Figure 17), opening the claw clip (see Figures 12-13) and closing the hair clip around the arrangement (see Figures 10-17).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in a middle location between the top of the clip and the teeth of the second row).
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Regarding claim 28, Yan in view of Jenkins teaches the method of claim 27 (see rejection above). The combination inherently teaches wherein closing the second row of teeth of the clip around at least the portion of the arrangement includes closing the second row of teeth substantially around an exterior of the arrangement.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in an intermediate location of the clip relative to the second row).
Regarding claim 29, Yan in view of Jenkins teaches the method of claim 27 (see rejection above). The combination inherently teaches wherein closing the second row of teeth of the clip around at least the portion of the arrangement includes engaging the hair with the second row of teeth.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in an intermediate location of the clip relative to the second row).
Regarding claims 30-31, Yan in view of Jenkins teaches the method of claim 27 (see rejection above). Yan further teaches a third row of clips that would provide additional securement to the hair when clipped (see annotated Figure below). The combination inherently teaches wherein engaging the arrangement with the clip further includes: closing a third row of teeth in the arrangement, the third row of teeth engaging the hair within the arrangement to even further secure the clip in place in the hair and wherein closing the third row of teeth in the arrangement comprises closing a third row of teeth protruding from a top portion of the clip in the arrangement.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in performing the clipping as claimed.
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Regarding claim 32, Yan in view of Jenkins teaches the method of claim 27 (see rejection above). The combination teaches wherein closing the first row of teeth and closing the second row of teeth comprises closing the first row of teeth and the second row of teeth simultaneously.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would open/close all the teeth simultaneously when the pressing portions of the clip are pressed.
Regarding claim 33, Yan in view of Jenkins teaches the method of claim 27 (see rejection above). The combination teaches wherein closing the first row of teeth and closing the second row of teeth comprises closing a first row of teeth and a second row of teeth that are oriented parallel to each other (see figures of Yan).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in performing the clipping as claimed.
Regarding claim 34, Yan teaches a method for securing hair (such that the hair clip is used to secure hair).
Yan teaches a clip having a first row of teeth and a second row of teeth (see annotated Figure below) and the first row of teeth being disposed closer to a top of the clip than the second row of teeth such that it creates a higher claw configuration than the second row of teeth and a third row of teeth (see Figures).
Yan is silent to the method explicitly comprising:
arranging hair in an arrangement; while holding the hair in the arrangement, opening a clip and placing the clip over the arrangement; and engaging the arrangement with the clip to hold the hair in the arrangement in place, including: closing a third row of teeth of the clip around at least a portion of the arrangement, the third row of teeth engaging the hair at an outer location of the arrangement; closing a second row of teeth of the clip around at least a portion of the arrangement, the second row of teeth engaging the hair at an inner location of the arrangement; and closing a first row of teeth of the clip around at least a portion of the arrangement, the first row of teeth engaging the hair at a central location of the arrangement midway between the outer location and the inner location.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in an intermediate location of the clip relative to the second row) and the third row of teeth surrounding the hair arrangement.
Regarding claim 35, Yan in view of Jenkins teaches the method of claim 34 (see rejection above). The combination teaches wherein closing the second row of teeth of the clip around at least the portion wherein closing the second row of teeth of the clip includes closing the second row of teeth substantially around an exterior of the arrangement.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in an intermediate location of the clip relative to the second row).
Regarding claim 36, Yan in view of Jenkins teaches the method of claim 34 (see rejection above), The combination inherently teaches wherein closing the second row of teeth of the clip includes engaging the hair with the second row of teeth.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in the first row of teeth closing around an intermediate location within the arrangement and the second row closing around a wider extent of the hair arrangement because of their positions on the clip (i.e., the first-row claws close in an intermediate location of the clip relative to the second row).
Regarding claim 37, Yan in view of Jenkins teaches the method of claim 34 (see rejection above), The combination inherently teaches wherein closing the third row of teeth comprises closing the third row of teeth protruding from a top portion of the clip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in performing the clipping as claimed.
Regarding claim 38, Yan in view of Jenkins teaches the method of claim 34 (see rejection above), The combination inherently wherein closing the first row of teeth, closing the second row of teeth, and closing the third row of teeth comprises closing the first row of teeth, the second row of teeth, and the third row of teeth concurrently.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would open/close all the teeth simultaneously when the pressing portions of the clip are pressed.
Regarding claim 39, Yan in view of Jenkins teaches the method of claim 34 (see rejection above), The combination inherently wherein closing the first row of teeth and closing the second row of teeth comprises closing a first row of teeth and a second row of teeth that are oriented parallel to each other (see figures of Yan).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the method to include the steps of arranging the hair and opening and closing the clip to hold the arrangement, as taught by Jenkins, because they are known and inherent steps for using such hair claw clip. The clip of Yan, when used in such method to hold a hair arrangement, would inherently result in performing the clipping as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 attached to this office action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINA FARAJ whose telephone number is (571)272-4580. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINA FARAJ/ Examiner, Art Unit 3772
/EDELMIRA BOSQUES/ Supervisory Patent Examiner, Art Unit 3772
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