DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/24/25 has been entered.
Election/Restrictions
Claim(s) 15-20 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/5/25.
Claim Objections
Claim(s) 6 and 10 is/are objected to because of the following informalities:
Claim 10: line 9, replace “each second of the second row” with ---each tooth of the second row---.
Claim(s) 6 is/are dependent upon a cancelled claim(s) and thus are considered incomplete. As such, these claims have not been further treated on the merits thereof. See MPEP 608.01(n)
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-4 and 7-14 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1: was amended to now require the “first row of teeth…including a bend at an intermediate location midway between the top and the bottom”; however, there is no discussion in the disclosure of this bend being exactly midway and the figures are not described as to scale. While Figures 5-7 arguably provide support for the bend of the first rows of teeth to be approximately midway, there is no support in the originally filed disclosure for it to be exactly at the midpoint as applicant attempts to now claim and Figures 1-4 do not appear to have this feature at all based on Figure 4 of applicant’s disclosure. This is a new matter rejection.
Claim 2: this claim depends from claim 1, which was amended to require “a first side including…a first row of teeth each first tooth…protruding downwardly from the top including a bend at an intermediate location midway between the top and the bottom and protruding laterally from the bend… a first row of teeth each first tooth…protruding downwardly from the top including a bend at an intermediate location midway between the top and the bottom and protruding laterally from the bend.” Claim 2 then requires “the bend in each first tooth of the first row of teeth of the first side comprises a continuous curve in the first tooth; and the bend in each first tooth of the first row of teeth of the second side comprises a continuous curve”. The language “continuous curve” does not appear anywhere in applicant’s originally filed disclosure, making it new matter. Furthermore, it does not appear that there is drawing support for the combination of the teeth “extending laterally” and comprising a “continuous curve”. Instead, it appears applicant has support for an embodiment with teeth that have continuous curves (see Figs 1-4) or an embodiment with teeth that extend laterally (see Fig 7). There is no drawing support for a clip with two sets of rows of teeth that extend laterally and these rows of teeth also forming a “continuous curve”, as applicant appears to be attempting to claim. This is a new matter rejection. For examination purposes, the claim will be treated as reciting “wherein the bend comprises a curve”. While applicant argues that Figures 1-4 illustrate both a “continuous curve” and the teeth that “extend laterally”, the issue is that there is no “bend” and “lateral extension” in the teeth of Figures 1-4 or in that embodiment, instead the teeth are entirely curved, they do not “extend laterally from a bend” midway between the top and the bottom as the claims attempt to require. The rejection is maintained. This is a new matter rejection.
Claim 10: was amended to now require the “first row of teeth…extending substantially laterally from an intermediate location midway between the top and the bottom”; however, there is no discussion in the disclosure of this being exactly midway and the figures are not described as to scale. While the drawings arguably provide support for the bend of the first rows of teeth to be approximately midway, there is no support in the originally filed disclosure for it to be exactly at the midpoint as applicant attempts to now claim. This is a new matter rejection.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3 and 9-12, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US D956353).
The office respectfully disagrees that “continuously curved” teeth as illustrated in Figures 1-4 of applicant’s disclosure and in the figures of Liu constitute teeth that also “protrude laterally from a bend”; however, since applicant argues this to be an interpretation of the claims, Liu is also presented as prior art for teaching these limitations in as much as applicant’s Figures 1-4.
Claims 1-3: Liu discloses a hair clip (see Figs 1-9) comprising: a first side including a top; a bottom; a first row of teeth (see annotations), each tooth of the first row of teeth protruding downwardly from the top (see annotations), including a bend in the form of a continuous curve, at an intermediate location midway between the top and the bottom (see Fig 1-9). As discussed above, the office respectfully disagrees that continuously curved teeth as illustrated by Liu constitute teeth that also “protrude laterally from a bend” in the teeth, but since applicant argues this shape is what the claims should cover and Liu teaches teeth having the same curved shape as applicant’s teeth in Figures 1-4, Liu is interpreted to disclose the first row of teeth including a bend at an intermediate location midway between the top and the bottom and protruding laterally from the bed in as much as applicant’s Figures 1-4 do. A second row of teeth (see annotations) defining the bottom of the first side and protruding laterally (again in as much as applicant’s do); a second side opposing the first side and including: a top; a bottom; a first row of teeth with each tooth of the first row of teeth protruding downwardly from the top (see annotations), including a bend in the form of a continuous curve, at an intermediate location about midway between the top and the bottom and protruding laterally from the bend (again in as much as applicant does) (see annotations) the first row of teeth opposable to and interleavable with the first row of teeth of the first side (see Figs 1-9) and a second row of teeth defining the bottom of the second side (see annotations) and protruding laterally (in as much as applicant’s do), the second row of teeth opposable to and interleavable with the second row of teeth of the first side (see annotations). A hinge connects the first side to the second side (see annotations) with a spring that forces the rows of teeth towards each other in a closed position; handles (see Figs 1-4) for forcing the first side apart from the second side with the handles extending at least partially away from their respective sides (see Fig 9).
Claim 9: the first handle protrudes upwardly and outwardly from the top of the first side and the second handle protrudes upwardly and outwardly from the top of the second side (see Figs 1-9).
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Claims 10-12: Liu discloses a hair clip comprising a first side including a top from which a handle extends upward and outward; a bottom; a first row of teeth arranged across substantially an entire width of the first side (see Figs 1-8 & annotations), each tooth of the first row of teeth extending “substantially laterally” since applicant argues that this is illustrated by curved teeth in Figures 1-4 of applicant’s disclosure and Liu discloses similarly curved teeth. The first row of teeth extend laterally from an intermediate location about midway between the top and the bottom; and a second row of teeth arranged across substantially the entire width of the first side, each tooth of the second row extending substantially laterally (in as much as applicant’s figures 1-4 do) from the bottom; a second side opposing the first side including: a top; a bottom; a first row of teeth arranged across substantially an entire width of the second side, each tooth of the first row of teeth extending substantially laterally (again in as much as applicant’s figures 1-4) from an intermediate location about midway between the top and the bottom, the first row of teeth opposable to and interleaving with the first row of teeth of the first side in a closed position and a second row of teeth arranged across substantially the entire width of the second side, each tooth of the second row extending substantially laterally from the bottom of the second side, the second row of teeth opposing and interleaving with the second row of teeth of the first side (see annotations). A spring loaded hinge connects the first side and the second side and the spring forces the teeth into engagement with each other, while the handles extending from the first side and the second side are used to force the teeth apart into an open position (see annotations).
Claim(s) 1-4 and 7-14, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sze (US 20230413971).
Claim 1: Sze discloses a clip for hair (2) comprising: a first side (4) including a top; a bottom; a first row of teeth (see annotations) each tooth of the first row of teeth protruding downwardly (see annotations) from the top, including a bend at an intermediate location about midway (see Fig 10b & 10c) between the top and the bottom and protruding laterally from the bend (see annotations); and a second row of teeth defining the bottom of the first side and protruding laterally (see annotations); a second side (6) opposing the first side and including: a top; a bottom; a first row of teeth each tooth of the first row of teeth of the second side protruding downwardly from the top of the second side and including a bend (see annotations) at an intermediate location about midway (see Figs 10b & 10c) between the top and the bottom and protruding laterally from the bend, the first row of teeth of the second side being opposable to and interleaving with the first row of teeth of the first side (see annotations); a second row of teeth defining the bottom of the second side and protruding laterally, the second row of teeth opposable to and interleaving with the second row of teeth of the first side (see annotations); a hinge (15) connecting the first and second side; a torsion spring (14, Fig 9) [0023] that forces the first row of teeth of the first side toward the first row of teeth of the second side and the second row of teeth of the first side to interleave with the second row of teeth of the second side (see annotations). There are handles (see Figs 3-6) for forcing the first side and its teeth away from the second side (see Fig 8) and its teeth and the handles include a first handle on the top of the first side and extending away from the second side and a second handle on the top of the second side and extending away from the first side (see annotations).
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Claims 2 and 4: the bend in each first tooth of the first row of teeth of the first side is formed of a continuous curve (see Figs 1-6) in each of the first teeth and the bend in each first tooth of the first row of teeth of the second side also is formed of a continuous curve (see Figs 1-6 & annotations). The downwardly protruding portion of each first tooth of the first row of teeth is substantially straight, the laterally protruding portion of each first tooth is also substantially straight with an angle defined between these portions of the first side and the second side (see Figs 1-6 & annotations).
Claim 3: each tooth of the second row of teeth of the first side protrudes downwardly from the top of the first side and includes a curve and also protrudes laterally from the curve toward the second side (see annotations) and each tooth of the second row of teeth of the second side protrude downwardly from the top of the second side and includes a curve and protrude laterally from the curve toward the first side (see annotations).
Claims 7-8: the first side and second side each further includes third rows of teeth (see annotations) protruding laterally from the top of the first side and the top of the second side with the third rows of teeth being opposable to each other.
Claim 9: the first handle protrudes upward and outward from the top of the first side and the second handle protrudes upward and outward from the top of the second side (see Fig 25).
Claim 10: Sze discloses a clip for hair comprising: a first side (see annotations) including a top, a bottom, a first row of teeth (see Figs 1-9 & annotations) arranged across substantially an entire width of the first side (see Fig 10a) and each tooth of the first row extending substantially laterally from an intermediate location about midway (see Figs 10b & 10c) between the top and the bottom; and a second row of teeth arranged across substantially an entire width of the first side (see Fig 10a) and each tooth of the second row extending substantially laterally from the bottom of the first side (see annotations); a second side opposing the first side and including a top, a bottom, a first row of teeth arranged across substantially an entire width of the first side (see Fig 10a) and each tooth of the first row extending substantially laterally from an intermediate location about midway (see Figs 10b & 10c) between the top and the bottom of the second side, the first row of teeth of the second side being opposable and interleaving with the first row of teeth of the first side (see annotations); a second row of teeth arranged across substantially an entire width of the second side (see Fig 10a) and each tooth of the second row of the second side extending substantially laterally from the bottom of the second side, the second row of teeth opposable to and interleaving with the second row of teeth of the first side (see annotations); a hinge (15) connecting the first side and the second side (see annotations); a spring (14) [0023] that forces the first row of teeth of the first side into and out of the interleaved arrangement (see Figs 1-9)with the first row of teeth of the second side and the second row of teeth of the first side into and out of the interleaved arrangement with the second row of teeth of the second side (see Figs 1-9) and handles (see annotations) for forcing the teeth into and out of the interleaved arrangement (see annotations).
Claims 11-12: the handles include a first handle on the top of the first side extending in a first direction and a second handle on the top of the second side and extending in a second opposite direction (see Figs 1-9 & annotations). The first handle protrudes upward and outward from the top of the first side and the second handle protrudes upward and outward from the top of the second side (see Figs 1-9 & annotations).
Claims 13-14: the first side and second side each further includes a third row of teeth (see annotations) protruding laterally from the top of the first side and the top of the second side with the third rows of teeth being opposable to each other.
Response to Arguments
Applicant’s arguments filed 10/22/25 have been considered but are not persuasive.
First applicant argues the new matter rejections, essentially asserting that applicant can combine embodiments in the claims without drawing support or written description support based on applicant’s opinion that disclosing different embodiments creates an “implicit or inherent disclosure” for a combination of any features of those embodiments. This is not persuasive. The new matter issues at hand are that applicant is attempting to combine embodiments without support in the written disclosure or figures. Arguing that the support is somehow “inherent” is not persuasive nor does it provide any evidence indicating that the specific combination of features applicant now attempts to claim were contemplated prior to filing of the application and receiving two actions on the merits.
The amendments overcome the prior 112(b) and 112(d) issues and these rejections are withdrawn.
Applicant argues that Sze fails to disclose the first row of teeth being about midway between the top and bottom of the side of the clip from which the teeth project. The office respectfully disagrees (see annotations).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer Gill whose telephone number is (571)270-1797. The examiner can normally be reached on Monday-Friday 10:00am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eric Rosen, can be reached on 571-270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER GILL/
Examiner, Art Unit 3772
/NICHOLAS D LUCCHESI/Primary Examiner, Art Unit 3772