DETAILED ACTION
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 Species 3 shown in Fig 6A drawn to claims 13-20 in the reply filed on September 3, 2026, is acknowledged. The traversal is on the ground(s) that Species 3-5 are all minor variants of Fig. 5 and are not patentably distinct species. This is not found persuasive because Species 3 requires searching keywords and synonyms specific to the embodiment of Species 3 shown in Fig 6A. For example, Species 3 requires searching terms and synonyms associated with first and second strips having regular half cylindrical shape, with cross-sections being semicircular and identical in size along the length, the first and second strip bodies consist of substantially flat surface and curved surface; which are not required while searching for Species 1-2 and 4-6.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-2, 4, 6-8, 10 and 12 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species (1-2 and 4-6), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on September 3, 2026.
Claim Objections
Claim 13 should read “A hair holder, comprising: (i) a first strip body having a first end and a second end and a length that extends between the first end and the second end of the first strip body, and(ii) a second strip body having a first end and a second end and a length that extends between the first end and the second end of the second strip body; wherein at least a portion of the length of the first strip body is connected to at least a portion of the length of the second strip body; wherein either or both of the first and second strip bodies comprise one or more reinforcement materials; wherein at least one of the reinforcement materials is natural, artificial, or genetically altered spider silk; graphene, graphene-type material, or other materials made from allotropes of carbon; para-aramid or meta-aramid materials; or flexible steel fibers or composites thereof; and wherein the first end of the first strip body and first end of the second strip body are capable of being repeatedly tied and untied manually to the second end of the first strip body and the second end of the second strip body. ”. Correction or clarification is required to overcome this issue.
Claim 14 should read “The hair holder of claim 13, wherein (i) the first strip body further is in [[the]] a shape of a regular half cylinder, wherein [[the]] cross-sections of the first strip body are semicircular and identical in size and orientation along the length of the first strip body such that the length of the first strip body consists of a substantially flat surface and a curved surface; and (ii) the second strip body further is in [[the]] shape of a regular half cylinder, wherein [[the]] cross-sections of the second strip body are semicircular and identical in size and orientation along the length of the second strip body such that the length of the second strip body consists of a substantially flat surface and a curved surface; wherein at least a portion of the substantially flat surface of the length of the first strip body is connected to at least a portion of the substantially flat surface of the length of the second strip body; wherein either or both of the first and second strip bodies comprise one or more reinforcement materials, wherein at least one of the reinforcement materials is natural, artificial, or genetically altered spider silk; graphene, graphene-type material, or other materials made from allotropes of carbon; para-aramid or meta-aramid materials; or flexible steel fibers or composites thereof; and wherein the first end of the first strip body and first end of the second strip body are capable of being tied to the second end of the first strip body and second end of the second strip body.”. Correction or clarification is required to overcome these issues.
Claim 16 should read “The hair holder of claim 13, wherein at least one strip body of the first or second strip bodies comprises the at least one of the reinforcement material of naturals, artificial, or genetically altered spider silk.”. Correction or clarification is required to overcome these issues.
Claim 17 should read “The hair holder of claim 13, wherein at least one strip body of the first or second strip bodies is coated with a material adapted to provide grip.”. correction or clarification is required to overcome this issue.
Claim 19 should read “The hair holder of claim 14, wherein at least one strip body of the first or second strip bodies comprises the at least one of the reinforcement material of naturals, artificial, or genetically altered spider silk.”. correction or clarification is required to overcome these issues.
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 13 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 11213106 B2, hereinafter “Tsai”) in view of Mundt (EP3326488 A1).
Claim 13. Tsai discloses a hair holder (abstract and FIGs 1-10), comprising:(i) a first strip body (annotated Fig 1, “A” which is the elastic strip13) having a first end (annotated Fig 1, B) and a second end (annotated Fig 2, C) and a length that extends between the first end and the second end of the first strip body (Fig 1), and(ii) a second strip body (annotated Fig 2, D) having a first end (annotated Fig 1, E) and a second end (annotated Fig 1, F) and a length that extends between the first end and the second end of the second strip body (Fig 1); wherein at least a portion of the length of the first strip body is connected to at least a portion of the length of the second strip body (Fig 1); wherein either or both of the strip bodies comprise one or more reinforcement materials (Fig 1, outer woven layer 12); and wherein the first end of the first strip body and first end of the second strip body are capable of being repeatedly tied and untied manually to the second end of the first strip body and the second end of the second strip body (Fig 1, first ends of first and second strips are capable are capable of being repeatedly tied and untied manually to the second end of the first strip body and the second end of the second strip body).
Tsai is silent to wherein at least one of the reinforcement materials is natural, artificial, or genetically altered spider silk; graphene, graphene-type material, or other materials made from allotropes of carbon; para-aramid or meta-aramid materials; or flexible steel fibers or composites thereof.
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Mundt teaches a hair band in form of a helical shape core body made of elastic material (abstract) and spider silk (¶0010) to provide excellent tensile strength, elongation, and toughness that outperforms nylon, PPTA, and carbon fibers, spider silk is very durable and bacteria-free. It is precisely the use of this material that supports the invention's goal of hygiene and dimensional stability of the universal rubber band, which requires stretchability and elasticity. After all, spider silk can stretch up to three times its length (¶ 0010). It would have been obvious to one having ordinary skill in the art before the effective filing date to specify the strips of Tsai’s hair holder to be mixed and/ or made with spider silk material as taught by Mundt to increase the device’s flexibility, its mechanical resilience, tensile strength, elongation especially that silk type material stretches up to three times its length (¶0010). Thus, would also allow the device to retain user’s hair with thicker and more hair volume.
Claim 15. Tsai and Mundt teach the invention of claim 13. Tsai further teaches wherein the length of the first strip body is connected to the length of the second strip body in whole or in part (a) by twisting the two strip bodies together (Fig 2 and Col 2 lines 65- col 3 line 6).
Claim 16. Tsai and Mundt teach the invention of claim 13. Mundt further teaches wherein at least one strip body comprises the reinforcement material of natural, artificial, or genetically altered spider silk (¶0010).
Claim 17. Tsai and Mundt teach the invention of claim 13 Mundt further teaches wherein at least one strip body is coated with a material adapted to provide grip (¶0013).
Allowable Subject Matter
Claims 14 and 18-20 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.
Conclusion
Additional references were also reviewed during the examination of this application and listed for your reference in the notice of reference cited form.
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/KARIM ASQIRIBA/Examiner, Art Unit 3772
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