DETAILED ACTION
Claims 1-6 are pending.
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 Invention II in the reply filed on February 11, 2026 is acknowledged. After conducting a search, the Examiner has withdrawn the restriction and all claims are examined.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 100, 110, 120, 130, 140, 150, 160.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the method of assembling the fascinator must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The Examiner suggests adding many of the figures that were removed in the amendment of October 7, 2025 along with the corresponding wording that was deleted in the specification. The deleted Figures themselves included valuable information, however the writing associated with the figures should not be re-added. For example, for Fig. 2, below is what should be included, not the other words that were previously on the page:
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Furthermore, the wording that was on the drawing pages could be included in the specification and not be considered new matter and provides valuable context to how the invention functions.
The drawings are objected to because the drawing does not include brackets so it is unclear which components are included and what the relationship between the components is. For example, it is unclear what the relationship of 7 is to the rest of the figure.
Previous Fig. 1 included many of the items of the kit of parts, except for the QR code. The examiner suggests including a similar figure (along with the corresponding description in the specification) with all of the components, a bracket encompassing the multiple components, and the bracket corresponding to the “kit of parts”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because the abstract is three paragraphs, whereas the abstract is required to be a single paragraph (MPEP 608.01(b)(c). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 includes periods after each component letter. Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations. MPEP 608.01(m). Please delete the periods using double bracket for example, [[.]] and add a or multiple parenthesis, for example a) or (a) .
Appropriate correction is required.
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 1-6 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “themed embellishments”. It is unclear what is considered a “theme” and thus it is unclear how someone would know if they are infringing.
Claim 1 recites “wherein the elastic fasteners are configured to attach the central base component to the headband to serve as a mounting structure”. It is unclear if the elastic fasteners are to serve as a mounting structure, or if the elastic fasteners are configured to serve as a mounting structure. The examiner interprets this as the central base component serving as a mounting structure and suggests the following language: “wherein the elastic fasteners are configured to attach the central base component to the headband in order for the central based component to serve as a mounting structure”.
Claim 2 recites that the elastic fasteners “are looped through apertures”, however the claim is for a kit, rather than a completed component which creates confusion as to what is being claim. Thus the examiner suggests “are configured to be looped through apertures”.
Claim 4 recites “seasonal icons, and holiday motifs”. It is unclear what is meant by a season icon and holiday motifs. For example, snowflakes appear to be a season icon and/or holiday motif but are listed separately. It is therefore unclear what the metes and bounds of the claim are and it is unclear as to when infringement would occur.
Claim 5 recites that the support materials and decorative elements are “pre-selected” and “color coordinated” according to a “themed occasion”. First, the claim is to a kit, rather than a method, and thus how the elements came to be it outside the bounds of a kit claim. Next, the claims requires coordination between the color and a “themed occasion” which appears to be something outside of the kit. It would therefore be unclear as to when infringement would occur.
The dependent claims inherit(s) the deficiency by nature of dependency.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The specific kit as claimed is not fairly found in the prior art. Specifically, the prior art kits fail to include a wooden craft spool and elastic fasteners configured to secure the central base component to the headband. Rather, the prior art includes glue or thread to secure components to the headband.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited include various components for attaching decorations or other items to headwear.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clint Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732