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 .
Claim Objections
Claim 8, line 6 is objected to because of the following informalities: line 6 states “which is is opposite” please delete the second “is”. Appropriate correction is required.
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) 4-6, 8, 9, 11-13, 15, 17-18, 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ourique et al. (US 2012/0260933) in view of Peterson et al. (US 8,905,048).
Ourique et al. discloses a hair extension, comprising an upper hair extension unit (16) comprising an upper hair base (weft) and a plurality of upper hair members (6’) fixed to the upper hair base; a lower hair extension unit (16) comprising a lower hair base (weft) and a plurality of lower hair members (6) fixed to the lower hair base; and
an opening base (4) comprising an upper end portion, a lower end portion and a middle portion between the upper end portion and the lower end portion, wherein the middle portion of the opening base (4) has one or more openings, wherein the plurality of upper hair members (6’) are extended downward from the upper hair base which is located at a position higher than the plurality of lower hair members (6), so as to be stacked on the plurality of lower hair members connected to the upper hair base and the lower hair base, wherein the opening base has one or more openings (18), wherein the lower hair base is attached to the lower end portion of the opening base, wherein the upper hair base and the lower hair base are spaced apart from each other and a gap is defined between the upper hair base and the lower hair base, wherein the one or more openings are communicated to the gap, wherein the plurality of upper hair members and the plurality of lower hair members are extended downward at a same side of the opening base (see Figure 5). Ourique et al. discloses upper and lower hair wefts but is silent as to the wefts containing a base and the hair members fixed to the base, Ourique further does not disclose the upper hair base is attached to the upper end portion of the opening base. Peterson et al. disclose a weft having a base and a plurality of hair members fixed to the base (Fig. 4). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the wefts of Ourique be made with a base member as taught by Peterson et al. to allow for individual tied hair strands to look more natural. It further would have been obvious to one having ordinary skill in the art before the effective filing date to have the upper hair weft of Ourique be applied to the upper end portion of the opening base to allow for added thickness of the hair device (paragraph 69; Ourique).
Regarding claim 5, the combination discloses the opening base is adapted for being attached on a head of a user, the plurality of upper hair members are extended
downward to cover the one or more openings and is glued to the opening base (see Figure 5; Ourique; paragraph 17).
Regarding claim 6, the combination discloses the upper hair base comprises an upper glue base, wherein each of the plurality of upper hair members comprises an upper root part which is embedded in the upper glue base and an upper hair body part which is integrally extended from the upper root part, wherein the upper hair body part is extended out of the upper glue base from a bottom edge of the upper glue base (106; Peterson).
Regarding claim 8, the combination discloses the upper hair base comprises a hair transplantation base (104), wherein each of the plurality of upper hair members comprises an upper root part which is penetrating a thickness of the hair transplantation base and an upper hair body part which is integrally extended from the upper root part, wherein the hair transplantation base has an inner side surface and an outer side surface which is opposite to the inner side surface, wherein the upper root part is located between the inner side surface of the hair transplantation base and the upper end portion of the opening base, the upper hair body is extended from the outer side surface of the hair translation base. (Peterson; Figures 2 and 4).
Regarding claim 9, the combination discloses the lower hair base comprises a lower glue base, wherein each of the plurality of lower hair members comprises a lower root part which is embedded in the lower glue base and a lower hair body part which is integrally extended from the lower root part, wherein the lower hair body part is extended out of the lower glue base from a bottom edge of the lower glue base (Peterson; Figure 2).
Regarding claim 11, the combination discloses the lower hair base comprises a hair transplantation base (104), wherein each of the plurality of lower hair members comprises an upper root part which is penetrating a thickness of the hair transplantation base and a lower hair body part which is integrally extended from the lower root part, wherein the hair transplantation base has an inner side surface and an outer side surface which is opposite to the inner side surface, wherein the lower root part is located between the inner side surface of the hair transplantation base and the lower end portion of the opening base, the lower hair body is extended from the outer side surface of the hair translation base. (Peterson; Figures 2 and 4).
Regarding claims 12 and 13, the combination discloses the upper and lower hair base comprising an upper mesh year integrated with the glue base (see Figures 2 and 4 of Peterson).
Regarding claim 15, the combination discloses the opening base comprising a glue base body and a mesh layer (paragraph 26-28; Ourique) wherein one or more openings are penetrating through the glue base body and the mesh layer.
Regarding claims 17-18, Ourique discloses opening has a circular shape with a diameter of 0.1 -3.5mm (paragraph 32). Ourique does not disclose the opening base has multiple openings wherein a distance between two adjacent openings is 0.1-20mm and a distance between a side of the glue base and the corresponding opening adjacent to the side of the glue base is 0.1-10mm. It would have been obvious to one having ordinary skill in the art before the effective filing date to have the base of Ourique opening base be to have a distance between two adjacent openings be 0.1-20mm and a distance between a side of the glue base and the corresponding opening adjacent to the side of the glue base be 0.1-10mm to provide a more comfortable hair extension base with multiple openings.
Regarding claim 21, Ourique et al. discloses a hair extension, comprising an upper hair extension unit (16) comprising an upper hair base (weft) and a plurality of upper hair members (6’) fixed to the upper hair base; a lower hair extension unit (16) comprising a lower hair base (weft) and a plurality of lower hair members (6) fixed to the lower hair base; and an opening base (4) comprising an upper end portion, a lower end portion and a middle portion between the upper end portion and the lower end portion, wherein the middle portion of the opening base (4) has one or more openings, wherein the plurality of upper hair members (6’) are extended downward from the upper hair base which is located at a position higher than the plurality of lower hair members (6), so as to be stacked on the plurality of lower hair members connected to the upper hair base and the lower hair base, wherein the opening base has one or more openings (18), wherein the lower hair base is attached to the lower end portion of the opening base, wherein the upper hair base and the lower hair base are spaced apart from each other and a gap is defined between the upper hair base and the lower hair base, wherein the one or more openings are communicated to the gap, wherein the plurality of upper hair members and the plurality of lower hair members are extended downward at a same side of the opening base (see Figure 5). Ourique et al. discloses upper and lower hair wefts but is silent as to the wefts containing a base and the hair members fixed to the base, Ourique further does not disclose the upper hair base is attached to the upper end portion of the opening base. Peterson et al. disclose a weft having a base and a plurality of hair members fixed to the base (Fig. 4). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the wefts of Ourique be made with a base member as taught by Peterson et al. to allow for individual tied hair strands to look more natural. It further would have been obvious to one having ordinary skill in the art before the effective filing date to have the upper hair weft of Ourique be applied to the upper end portion of the opening base to allow for added thickness of the hair device (paragraph 69; Ourique).
Regarding claim 23, Ourique et al. discloses a hair extension, comprising an upper hair extension unit (16) comprising an upper hair base (weft) and a plurality of upper hair members (6’) fixed to the upper hair base; a lower hair extension unit (16) comprising a lower hair base (weft) and a plurality of lower hair members (6) fixed to the lower hair base; and an opening base (4) integrally extended from the lower hair base wherein the opening base has one or more openings, wherein the opening base has an upper end portion, wherein the plurality of upper hair members are extended downward to cover the one or more openings and be stacked on the plurality of lower hair members (see Figure 5). Ourique et al. discloses upper and lower hair wefts but is silent as to the wefts containing a base and the hair members fixed to the base, Ourique further does not disclose the upper hair base is attached to the upper end portion of the opening base. Peterson et al. disclose a weft having a base and a plurality of hair members fixed to the base (Fig. 4). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the wefts of Ourique be made with a base member as taught by Peterson et al. to allow for individual tied hair strands to look more natural. It further would have been obvious to one having ordinary skill in the art before the effective filing date to have the upper hair weft of Ourique be applied to the upper end portion of the opening base to allow for added thickness of the hair device (paragraph 69; Ourique).
Claim(s) 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ourique et al. (US 2012/0260933) in view of Peterson et al. (US 8,905,048) as applied to claims 4-6, 8, 9, and 11 above, and further in view of Incando (US 5,413,124).
The combination of Ourique et al. and Peterson et al. disclose the claimed invention except for one or more stitching lines provided on the base for fixing the hair members. Incando teaches adding stitching lines to further support the hair within the weave (see Figures 3 and 4; col. 5, lines 55-60). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the hair extension of Ourique et al. and Peterson et al. be made with one or more stitching lines as taught by Incando to further support the hair on the extension.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ourique et al. (US 2012/0260933) in view of Peterson et al. (US 8,905,048) as applied to claims 2, 4-6, 8, 9, and 11 above, and further in view of Toda (US 2004/0149302).
The combination of Ourique et al. and Peterson et al. disclose the claimed invention except for each mounting tube comprises a tube body and an inner flexible tube disposed in the tube body wherein the inner passage has inner threads. Toda teaches a mounting tube comprising a tube body (11) and an inner flexible tube (15) disposed in the tube body wherein the inner passage has inner threads (42) (see Figures 1-11). It would have been obvious to one having ordinary skill in the art before the effective filing date to have the flexible tube of Ourique et al. and Peterson et al. be made with the inner body and threads of Toda to provide a more secure attachment.
Allowable Subject Matter
Claims 14, 22, and 24 are 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.
Response to Arguments
Applicant’s arguments filed 12/14/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL RUNNING STEITZ whose telephone number is (571)272-1917. The examiner can normally be reached Monday-Friday 8:00am-4:30pm EST.
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/RACHEL R STEITZ/Primary Examiner, Art Unit 3772
12/23/2025