0/ETAILED 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 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 1-6, 9-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fontanille (FR 2118879 A1 and translated PDF) in view of Chung (U.S. Publication No. 2017/0095026 A1) and Saporta (FR 1246831 A and translated PDF) in view of Gibson (U.S. Publication No. 2020/0268083 A1).
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In regard to claim 1, Fontanille discloses a wig apparatus (Fig. 6-11) comprising:
artificial hair (2 in Fig. 7, p. 3 lines 10-11);
a cap capable of covering the scalp of a user (1 in Figs. 6 and 7), the cap comprising an inner surface (cap inner surface in annotated Fig. 7) and an outer surface (cap outer surface in annotated Fig. 7), wherein the artificial hair is coupled to at least a portion of the outer surface of the cap (Fig. 7);
an elastic band (3 in Figs. 6 and 7) capable of extending around the user’s head (p. 3 lines 32-33, goes transversely around the skull), the elastic band comprising an outer elastic band surface (outer surface in annotated Fig. 10), an inner elastic band surface (inner surface in annotated Fig. 10), a bottom band edge (elastic bottom edge in annotated Figs. 6 and 10) and a top band edge (elastic top edge in annotated Figs. 6 and 10), wherein the elastic band is coupled to the cap and extends around a circumference of the cap (Fig. 6, p. 3 lines 14-16 and 32-33),
a strip (strip in annotated Fig. 10) capable of extending around a circumference of the cap on the inner surface of the cap (Fig. 6, p. 3 lines 32-33) comprising a top strip edge (strip top edge in annotated Fig. 10) and a bottom strip edge (strip bottom edge in annotated Fig. 10), the strip coupled to at least a portion of the elastic band (Fig. 10, p. 3 lines 14-16 and 21-22).
Fontanille does not disclose that the cap is mesh, that the cap comprises a folded portion, wherein the folded portion of the mesh cap wraps around at least a portion of the bottom band edge of the elastic band such that at least a portion of the outer elastic band surface is in contact with the inner surface of the mesh cap and at least a portion of the inner elastic band surface is in contact with the inner surface of the mesh cap; that the strip is silicone, and wherein the folded portion of the mesh cap extends up to the bottom strip edge of the silicone strip.
Chung teaches a wig apparatus (Figs. 1-8) wherein a cap (12 in Fig. 1) is mesh (para. 0017).
Saporta teaches a wig apparatus (p. 1 para. 3) wherein a cap (1 in Fig. 6) comprises a folded portion (Fig. 6, p. 1 para. 3).
Gibson teaches an apparatus (Figs. 7-9) for securing a wig (Abstract) comprising a silicone strip (122 in Fig. 7, para. 0054) on a band (117 in Fig. 8, para. 0062) wherein a portion (114 in Fig. 8) of a body (112 and 114 in Fig. 8) wraps around at least a portion of a bottom band edge (bottom band edge in annotated Fig. 8) of the band such that at least a portion of the outer band surface (outer band surface in annotated Fig. 8) is in contact with the inner surface of the body (inner body surface in annotated Fig. 8) and at least a portion of the inner band surface (inner band surface in annotated Fig. 8) is in contact with the inner surface of the body (body inner surface in annotated Fig. 8); and wherein the portion of the body extends up to a bottom strip edge of the silicone strip (Fig. 8, para. 0065).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of securing wigs to the head.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cap of Fontanille by specifying the cap is fabricated of a mesh material as taught by Chung in order to allow the cap to be stretchable to the head (Chung para. 0017, Abstract).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mesh of Fontanille in view of Chung by adding a folded portion as taught by Saporta in order to fill the gaps between the wig apparatus and the head to complete the impression that the hairs are coming out of the skin (Saporta p. 2 para. 1).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the folded portion of the mesh cap and elastic band of Fontanille in view of Chung and Saporta by specifying the portion wraps around at least a portion of the bottom band edge of the band such that at least a portion of the outer band surface and at least a portion of the inner band surface are in contact with the inner surface, and wherein the portion extends up to the bottom strip edge of the silicone strip as taught by Gibson in order to allow the strip to be held steady while protecting the strip from damage, cracking, stretching, and discoloration (Gibson para. 0065).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the strip of Fontanille in view of Chung and Saporta by specifying the strip is fabricated of silicone as taught by Gibson in order to more effectively retain the apparatus in place on the head, and be more comfortable to wear for extended periods (Gibson para. 0035).
In regard to claims 2, 3, 4, and 5, Fontanille in view of Chung and Saporta in view of Gibson discloses the invention of claim 1. Fontanille further discloses wherein the artificial hair is coupled to the cap adjacent to the inner elastic band surface of the elastic band (Figs. 6 and 7),
wherein the cap is capable of having artificial hair coupled to the outer surface of the cap adjacent to the outer elastic band surface (Fig. 7).
Fontanille does not disclose that the hair extends towards the user when the wig apparatus is worn by the user,
wherein the artificial hair is coupled to a perimeter of the mesh cap,
wherein the mesh cap is configured to have artificial hair coupled adjacent to the inner elastic band surface,
wherein the folded portion of the mesh cap is configured to have artificial hair coupled to a location where the mesh cap folds around the elastic band.
Saporta teaches wherein the hair extends towards the user when the wig apparatus is worn by the user (Fig. 6, p. 2 paras. 1 and 3),
wherein the artificial hair is coupled to a perimeter of the cap (Fig. 6),
wherein the cap is capable of having artificial hair coupled adjacent to the inner elastic band surface (Fig. 6, p. 2 paras. 1 and 3, capable of having artificial hair coupled adjacent to the inner elastic band surface)
wherein the folded portion of the cap is capable of having artificial hair coupled to a location where the cap folds around the elastic band (Fig. 6, edges are folded inwards, capable of having artificial hair coupled to a location where cap folds around elastic band).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of securing wigs to the head.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the folded portion of the mesh cap of Fontanille in view of Chung and Saporta in view of Gibson by specifying the artificial hair extends towards the user when the wig apparatus is worn by the user, the artificial hair is coupled to a perimeter of the cap, wherein the cap is capable of having artificial hair coupled adjacent to the inner elastic band surface, and the folded portion is capable of having artificial hair coupled to a location where the cap folds around the elastic band as taught by Saporta in order to fill the gaps between the wig apparatus and the head to complete the impression that the hairs are coming out of the skin (Saporta p. 2 para. 1).
In regard to claim 6, Fontanille in view of Chung and Saporta in view of Gibson discloses the invention of claim 1. Fontanille does not disclose wherein the folded portion of the mesh cap does not overlap the silicone strip.
Gibson teaches wherein the portion (114 in Fig. 8) does not overlap the silicone strip (para. 0065, in some embodiments edges 113 may not extend over a portion of the elastomer).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of securing wigs to the head.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the folded portion of the mesh cap of Fontanille in view of Chung and Saporta in view of Gibson by specifying the folded portion of the mesh cap does not overlap the silicone strip as taught by Gibson in order to allow the strip to be held steady while protecting the strip from damage, cracking, stretching, and discoloration (Gibson para. 0065).
In regard to claim 9, Fontanille in view of Chung and Saporta in view of Gibson discloses the invention of claim 1. Fontanille further discloses wherein the outer elastic band surface (outer surface in annotated Fig. 10) faces away from the user when the wig apparatus is worn by the user (Fig. 7) and the inner elastic band surface (inner surface in annotated Fig. 10) faces towards the user when the wig apparatus is worn by the user (Fig. 7).
In regard to claim 10, Fontanille discloses a wig apparatus (Fig. 6-11) comprising:
artificial hair (2 in Fig. 7, p. 3 lines 10-11);
a cap capable of covering the scalp of a user (1 in Figs. 6 and 7), the cap comprising an inner surface (cap inner surface in annotated Fig. 7) and an outer surface (cap outer surface in annotated Fig. 7), wherein the artificial hair is coupled to at least a portion of the outer surface of the cap (Fig. 7);
an elastic band (3 in Figs. 6 and 7) capable of extending around the user’s head (p. 3 lines 32-33, goes transversely around the skull), the elastic band comprising an outer elastic band surface (outer surface in annotated Fig. 10), an inner elastic band surface (inner surface in annotated Fig. 10), a bottom band edge (elastic bottom edge in annotated Figs. 6 and 10) and a top band edge (elastic top edge in annotated Figs. 6 and 10), wherein the elastic band is coupled to the cap and extends around a circumference of the cap (Fig. 6, p. 3 lines 14-16 and 32-33), and
a strip (strip in annotated Fig. 10) capable of extending around a circumference of the cap (Fig. 6, p. 3 lines 32-33) on the inner surface of the cap comprising a top strip edge (strip top edge in annotated Fig. 10) and a bottom strip edge (strip bottom edge in annotated Fig. 10), the silicone strip coupled to at least a portion of the elastic band (Fig. 10, p. 3 lines 14-16 and 21-22).
Fontanille does not disclose that the cap is mesh, that the cap comprises a folded portion, wherein the folded portion of the mesh cap wraps around at least a portion of the bottom band edge of the elastic band such that at least a portion of the outer elastic band surface is in contact with the inner surface of the mesh cap and at least a portion of the inner elastic band surface is in contact with the inner surface of the mesh cap; that the strip is silicone, and wherein the elastic band comprises a space between the folded portion of the mesh cap and the bottom strip edge of the silicone strip.
Chung teaches a wig apparatus (Figs. 1-8) wherein a cap (12 in Fig. 1) is mesh (para. 0017).
Saporta teaches a wig apparatus (p. 1 para. 3) wherein a cap (1 in Fig. 6) comprises a folded portion (Fig. 6, p. 1 para. 3).
Gibson teaches an apparatus (Figs. 7-9) for securing a wig (Abstract) comprising a silicone strip (122 in Fig. 7, para. 0054) on a band (117 in Fig. 8, para. 0062) wherein a portion (114 in Fig. 8) of a body (112 and 114 in Fig. 8) wraps around at least a portion of a bottom band edge (bottom band edge in annotated Fig. 8) of the band such that at least a portion of the outer band surface (outer band surface in annotated Fig. 8) is in contact with the inner surface of the body (inner body surface in annotated Fig. 8) and at least a portion of the inner band surface (inner band surface in annotated Fig. 8) is in contact with the inner surface of the body (body inner surface in annotated Fig. 8); and wherein the band comprises a space (space in annotated Fig. 8) between the portion of the body and the bottom strip edge (bottom strip edge in annotated Fig. 8) of the silicone strip (Fig. 8, para. 0065).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of securing wigs to the head.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cap of Fontanille by specifying the cap is fabricated of a mesh material as taught by Chung in order to allow the cap to be stretchable to the head (Chung para. 0017, Abstract).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mesh of Fontanille in view of Chung by adding a folded portion as taught by Saporta in order to fill the gaps between the wig apparatus and the head to complete the impression that the hairs are coming out of the skin (Saporta p. 2 para. 1).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the folded portion of the mesh cap and elastic band of Fontanille in view of Chung and Saporta by specifying the portion wraps around at least a portion of the bottom band edge of the band such that at least a portion of the outer band surface and at least a portion of the inner band surface are in contact with the inner surface, and wherein the band comprises a space between the portion and the bottom strip edge of the silicone strip as taught by Gibson in order to allow the strip to be held steady while protecting the strip from damage, cracking, stretching, and discoloration (Gibson para. 0065).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the strip of Fontanille in view of Chung and Saporta by specifying the strip is fabricated of silicone as taught by Gibson in order to more effectively retain the apparatus in place on the head, and be more comfortable to wear for extended periods (Gibson para. 0035).
In regard to claims 11, 12, 13, and 14, Fontanille in view of Chung and Saporta in view of Gibson discloses the invention of claim 10. Fontanille further discloses wherein the artificial hair is coupled to the cap adjacent to the inner elastic band surface of the elastic band (Figs. 6 and 7),
wherein the cap is capable of having artificial hair coupled to the outer surface of the cap adjacent to the outer elastic band surface (Fig. 7).
Fontanille does not disclose that the hair extends towards the user when the wig apparatus is worn by the user,
wherein the artificial hair is coupled to a perimeter of the mesh cap,
wherein the mesh cap is configured to have artificial hair coupled adjacent to the inner elastic band surface,
wherein the folded portion of the mesh cap is configured to have artificial hair coupled to a location where the mesh cap folds around the elastic band.
Saporta teaches wherein the hair extends towards the user when the wig apparatus is worn by the user (Fig. 6, p. 2 paras. 1 and 3),
wherein the artificial hair is coupled to a perimeter of the cap (Fig. 6),
wherein the cap is capable of having artificial hair coupled adjacent to the inner elastic band surface (Fig. 6, p. 2 paras. 1 and 3, capable of having artificial hair coupled adjacent to the inner elastic band surface)
wherein the folded portion of the cap is capable of having artificial hair coupled to a location where the cap folds around the elastic band (Fig. 6, edges are folded inwards, capable of having artificial hair coupled to a location where cap folds around elastic band).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of securing wigs to the head.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the folded portion of the mesh cap of Fontanille in view of Chung and Saporta in view of Gibson by specifying the artificial hair extends towards the user when the wig apparatus is worn by the user, the artificial hair is coupled to a perimeter of the cap, wherein the cap is capable of having artificial hair coupled adjacent to the inner elastic band surface, and the folded portion is capable of having artificial hair coupled to a location where the cap folds around the elastic band as taught by Saporta in order to fill the gaps between the wig apparatus and the head to complete the impression that the hairs are coming out of the skin (Saporta p. 2 para. 1).
In regard to claim 15, Fontanille in view of Chung and Saporta in view of Gibson discloses the invention of claim 10. Fontanille does not disclose wherein the folded portion of the mesh cap does not overlap the silicone strip.
Gibson teaches wherein the portion (114 in Fig. 8) does not overlap the silicone strip (para. 0065, in some embodiments edges 113 may not extend over a portion of the elastomer).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of securing wigs to the head.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the folded portion of the mesh cap of Fontanille in view of Chung and Saporta in view of Gibson by specifying the folded portion of the mesh cap does not overlap the silicone strip as taught by Gibson in order to allow the strip to be held steady while protecting the strip from damage, cracking, stretching, and discoloration (Gibson para. 0065).
In regard to claim 18, Fontanille in view of Chung and Saporta in view of Gibson discloses the invention of claim 10. Fontanille further discloses wherein the outer elastic band surface (outer surface in annotated Fig. 10) faces away from the user when the wig apparatus is worn by the user (Fig. 7) and the inner elastic band surface (inner surface in annotated Fig. 10) faces towards the user when the wig apparatus is worn by the user (Fig. 7).
Claims 7-8 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Fontanille in view of Chung and Saporta in view of Gibson and Douglas (GB 2508635 A).
In regard to claims 7 and 8, Fontanille in view of Chung and Saporta in view of Gibson discloses the invention of claim 1. Fontanille does not further disclose further comprising: a parting region comprising an inner parting region surface and an outer parting region surface and wherein the artificial hair is coupled to the outer parting region surface; a seam is sewn along the parting region that stitches together at least a portion of each of the parting region, the mesh cap, the silicone strip and the elastic band,
wherein the elastic band and the silicone strip extend up to the parting region and do not extend over the parting region.
Douglas teaches a wig apparatus (Figs. 1-3) further comprising: a parting region (116 in Fig. 3, p. 7 lines 8-9) comprising an inner parting region surface (not shown, on interior of 116) and an outer parting region surface (outer parting region surface in annotated Fig. 3) and wherein the artificial hair is coupled to the outer parting region surface (p. 7 lines 8-10),
wherein the elastic band (52 in Fig. 3, p. 3 lines 18 and 23-24) extend up to the parting region and do not extend over the parting region (Fig. 3, p. 7 lines 26-27).
Gibson teaches a seam (para. 0071) is sewn along a parting region (252 in Fig. 9, paras. 0070-0072) that stitches together at least a portion of each of the parting region, the body, the strip and the band (Figs. 7- 9, para. 0071, 0035, 0049).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of securing wigs to the head.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic band and silicone strip of the Fontanille in view of Chung and Saporta in view of Gibson by adding a parting region comprising an inner and an outer parting region surface and wherein the artificial hair is coupled to the outer parting region surface, wherein the elastic band extend up to the parting region and do not extend over the parting region as taught by Douglas in order to eliminate the need for a separate parting hairpiece to cover a parting area (Douglas p. 3 lines 3-4).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the parting region, mesh cap, silicone strip and elastic band of Fontanille in view of Chung and Saporta in view of Gibson and Douglas by specifying a seam is sewn along the parting region that stitches together at least a portion of each of the parting region, the body, the strip and the band as taught by Gibson in order to allow parting region to better conform to a user’s head (Gibson para. 0071).
In regard to claims 16 and 17, Fontanille in view of Chung and Saporta in view of Gibson discloses the invention of claim 10. Fontanille does not further disclose further comprising: a parting region comprising an inner parting region surface and an outer parting region surface and wherein the artificial hair is coupled to the outer parting region surface; a seam is sewn along the parting region that stitches together at least a portion of each of the parting region, the mesh cap, the silicone strip and the elastic band,
wherein the elastic band and the silicone strip extend up to the parting region and do not extend over the parting region.
Douglas teaches a wig apparatus (Figs. 1-3) further comprising: a parting region (116 in Fig. 3, p. 7 lines 8-9) comprising an inner parting region surface (not shown, on interior of 116) and an outer parting region surface (outer parting region surface in annotated Fig. 3) and wherein the artificial hair is coupled to the outer parting region surface (p. 7 lines 8-10),
wherein the elastic band (52 in Fig. 3, p. 3 lines 18 and 23-24) extend up to the parting region and do not extend over the parting region (Fig. 3, p. 7 lines 26-27).
Gibson teaches a seam (para. 0071) is sewn along a parting region (252 in Fig. 9, paras. 0070-0072) that stitches together at least a portion of each of the parting region, the body, the strip and the band (Figs. 7- 9, para. 0071, 0035, 0049).
The references and the claimed invention are considered to be analogous to the claimed invention because they are in the same field of securing wigs to the head.
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic band and silicone strip of the Fontanille in view of Chung and Saporta in view of Gibson by adding a parting region comprising an inner and an outer parting region surface and wherein the artificial hair is coupled to the outer parting region surface, wherein the elastic band extend up to the parting region and do not extend over the parting region as taught by Douglas in order to eliminate the need for a separate parting hairpiece to cover a parting area (Douglas p. 3 lines 3-4).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the parting region, mesh cap, silicone strip and elastic band of Fontanille in view of Chung and Saporta in view of Gibson and Douglas by specifying a seam is sewn along the parting region that stitches together at least a portion of each of the parting region, the body, the strip and the band as taught by Gibson in order to allow parting region to better conform to a user’s head (Gibson para. 0071).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY N HUYNH whose telephone number is (571)272-7219. The examiner can normally be reached M-F 7:30AM-5:00PM (EST) flex, 2nd Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at (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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/COURTNEY N HUYNH/Examiner, Art Unit 3772
/ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772
