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 .
DETAILED ACTION
Status of Claims
This office action is in response to the amendment filed 2/6/2025, wherein claims 1,3-9,11-19,21 and 22 are pending, and claims 5,12, 15, and 18 are withdrawn.
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) 1,3,4,6,8,13,16,21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S. Patent No. D501981) in view of Klas (U.S. 20150074869).
Regarding claim 1, Kim teaches headwear (figs. 1-6) comprising: a headwear body (figs. 1-6 excluding bill) comprising a front panel (FP, see annotated fig.), a first side panel (FSP, see annotated fig.), a second side panel (SSP, see annotated fig.), a first positioning panel (FPP, see annotated fig.) shaped as a first triangle (fig. 4), and a second positioning panel (SPP, see annotated fig.) shaped as a second triangle (fig. 3); wherein the first positioning panel (FPP) is positioned between the first side panel (FSP) and the front panel (FP) of the headwear body (fig. 4) and includes a first apex (FA, see annotated fig.) of the first triangle that is offset from a top of the headwear body (fig. 4); and wherein the second positioning panel (SPP) is positioned between the second side panel (SSP) and the front panel (FP) of the headwear body (figs. 3,4) and includes a second apex (SA) of the second triangle that is offset from the top of the headwear body (fig. 3); wherein the first side panel and first positioning panel meet at a position adjacent the bill (fig. 4) and the second side panel and second positioning panel meet at a position adjacent the bill(fig. 3).
but fails to teach a first opening providing access to a first pocket formed at the first side panel of the headwear body, the first pocket including a first inner surface and a second inner surface, the first opening formed by a first slit defined by a first terminating edge of the first side panel and a second terminating edge of the first positioning panel; a second opening providing access to a second pocket formed at the second side panel of the headwear body, the second pocket including a third inner surface and a fourth inner surface, the second opening formed by a second slit defined by a third terminating edge of the second side panel and a fourth terminating edge of the second positioning panel.
Klas teaches headwear (figs. 8,9) wherein a first panel (1st P, see annotated fig.) and a second panel (2nd P, see annotated fig.) meet at a position adjacent the bill (1) (fig. 8), a first opening (opening to 301) providing access to a first pocket (301) formed at the first panel of the headwear body (fig. 8), the first pocket including a first inner surface and a second inner surface (surfaces of pocket that face each other, paras. 22,23), the first opening formed by a first slit defined by a first terminating edge of the first panel and a second terminating edge of the second panel (fig. 8); a second opening (opening to 302) providing access to a second pocket (302) formed at the second side panel of the headwear body (fig. 9), the second pocket including a third inner surface and a fourth inner surface (surfaces of pocket that face each other, paras. 22,23), the second opening formed by a second slit defined by a third terminating edge of a panel and a fourth terminating edge of a panel (fig. 9). The pockets (301,302) positioned adjacent the bill (figs. 8,9). Klas also teaches an embodiment where at least one pocket is incorporated into a hat with a closed crown (figs. 17,18).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the headwear of Kim with a first opening providing access to a first pocket formed at the first side panel of the headwear body, the first pocket including a first inner surface and a second inner surface, the first opening formed by a first slit defined by a first terminating edge of the first side panel and a second terminating edge of the first positioning panel; a second opening providing access to a second pocket formed at the second side panel of the headwear body, the second pocket including a third inner surface and a fourth inner surface, the second opening formed by a second slit defined by a third terminating edge of the second side panel and a fourth terminating edge of the second positioning panel in view of Klas in order to prevent loss of golf tees and to hold golf tees above the temple of a user’s head which allows a left-handed player to more naturally insert and withdraw a golf tee from the left tee pocket and a right-handed player to more naturally insert and withdraw a golf tee from the right tee pocket (paras. 2 and 24 of Klas).
Regarding claim 3, the Kim/Klas combined reference doesn’t specifically teach a first tack and a second tack are provided at the first slit.
Klas teaches an embodiment (fig. 4) wherein the pocket comprises a pair of welts (33) which are stitched reinforcements at the pocket opening thereby forming a first tack (top of 33) and a second tack (bottom of 33) at the first slit (para. 24).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the first opening of the combined reference with a pair of stitched reinforcement welts so as to provide a first tack and a second tack at the first slit in view of Klas (fig. 4) in order to allow the user to easily feel around the headwear in order to find the slit opening (para. 24).
Regarding claim 4, the Kim/Klas combined reference further teaches the second tack is positioned adjacent to a first bottom edge of the first side panel of the headwear body (fig. 4 of Kim, fig. 4 of Klas as applied to the combined reference above), and the first tack is positioned intermediate a first apex of the first positioning panel and the second tack (fig. 4 of Kim, fig. 4 of Klas as applied to the combined reference above).
Regarding claim 6, the Kim/Klas combined reference further teaches the first slit is angled such that the first tack is positioned closer to a front of the headwear body than the second tack (fig. 4 of Kim, fig. 4 of Klas as applied to the combined reference above).
Regarding claim 8, the Kim/Klas combined reference further teaches wherein the first tack is formed by stitching (para. 24), and wherein the first tack extends from the first side panel to the first positioning panel (fig. 4 of Klas as applied to fig. 4 of Kim).
Regarding claim 13, Kim teaches headwear (figs. 1-6) comprising a headwear body (figs. 1-6 excluding bill); a first side panel (FSP, see annotated fig.) of the headwear body, a second side panel (SSP, see annotated fig.) of the headwear body; a first positioning panel (FPP, see annotated fig.) coupled to a front panel (FP) of the headwear body and terminating, at a first side (side of FPP bordering FSP, see annotated fig.) of the first positioning panel, the first positioning panel having a first maximum height (at FA, see annotated fig.) that is less than a second maximum height (MH, see annotated fig.) of the first side panel; a second positioning panel (SPP, see annotated fig.) coupled to the front panel of the headwear body (figs. 3,4) and terminating, at a first side (side of SPP bordering SSP, see annotated fig.) of the second positioning panel, the second positioning panel having a third maximum height (at SA, see annotated fig.) that is less than a fourth maximum height (height of SSP, fig. 3) of the second side panel; and a brim coupled to the front panel (see brim per figs. 3,4);
but fails to teach a first opening formed by a first slit disposed on a first side panel of the headwear body and providing access to a first pocket formed at the first side panel of the headwear body, the first pocket including a first inner surface and a second inner surface; a second opening formed by a second slit disposed on a second side panel of the headwear body and providing access to a second pocket formed at the second side panel of the headwear body, the second pocket including a third inner surface and a fourth inner surface, the first positioning panel terminating at the first slit, the second positioning panel terminating at the second slit.
Klas teaches headwear (figs. 8,9) wherein a first panel (1st P, see annotated fig.) and a second panel (2nd P, see annotated fig.) meet at a position adjacent the bill (1) (fig. 8), a first opening formed by a first slit (opening to 301) disposed on a first panel (1st P) of the headwear body and providing access to a first pocket (301) formed at the first panel of the headwear body (fig. 8), the first pocket including a first inner surface and a second inner surface (surfaces of pocket that face each other, paras. 22,23); a second opening (opening to 302) formed by a second slit (opening to 302) disposed on a panel on the opposite side of the headwear body (fig. 9) and providing access to a second pocket (302) formed on the opposite side of the headwear body (fig. 9), the second pocket including a third inner surface and a fourth inner surface (surfaces of pocket that face each other, paras. 22,23), the first panel terminating at the first slit, the panel on the opposite side of the headwear body terminating at the second slit (figs. 8,9), and the pockets (301,302) positioned adjacent the bill (figs. 8,9). Klas also teaches an embodiment where at least one pocket is incorporated into a hat with a closed crown (figs. 17,18).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the headwear of Kim with a first opening formed by a first slit disposed on a first side panel of the headwear body and providing access to a first pocket formed at the first side panel of the headwear body, the first pocket including a first inner surface and a second inner surface; a second opening formed by a second slit disposed on a second side panel of the headwear body and providing access to a second pocket formed at the second side panel of the headwear body, the second pocket including a third inner surface and a fourth inner surface, the first positioning panel terminating at the first slit, the second positioning panel terminating at the second slit in view of Klas in order to prevent loss of golf tees and to hold golf tees above the temple of a user’s head which allows a left-handed player to more naturally insert and withdraw a golf tee from the left tee pocket and a right-handed player to more naturally insert and withdraw a golf tee from the right tee pocket (paras. 2 and 24 of Klas).
Regarding claim 16, the Kim/Klas combined reference teaches the first positioning panel (FPP) is shaped as a first triangle (fig. 4 of Kim) that includes a first apex (FA) and the second positioning panel (SPP) is shaped as a second triangle (fig. 3 of Kim) that includes a second apex (SA), wherein the first side of the first positioning panel and a second side of the first positioning panel terminate at the first apex (fig. 4 of Kim), wherein the first side of the second positioning panel and a second side of the second positioning panel terminate at the second apex (fig. 3 of Kim), and wherein the first maximum height extends from a bottom circumferential edge of the headwear body to the first apex and the third maximum height extends from the bottom circumferential edge of the headwear body to the second apex (figs. 3,4, of Kim).
Regarding claim 21, the Kim/Klas combined reference doesn’t specifically teach a first tack and a second tack provided at the first opening, the second tack positioned adjacent to a first bottom edge of the first side panel, and the first tack positioned intermediate the first apex and the second tack.
Klas teaches an embodiment (fig. 4) wherein the pocket comprises a pair of welts (33) which are stitched reinforcements at the pocket opening thereby forming a first tack (top of 33) and a second tack (bottom of 33) at the first opening (para. 24), the second tack (bottom of 33) positioned adjacent to a first bottom edge of the first side panel (fig. 4), and the first tack (top of 33) positioned intermediate the first apex and the second tack (para. 24, fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the first opening of the combined reference with a pair of stitched reinforcement welts so as to provide a first tack and a second tack at the first opening, the second tack positioned adjacent to a first bottom edge of the first side panel, and the first tack positioned intermediate the first apex and the second tack in view of Klas (fig. 4) in order to allow the user to easily feel around the headwear in order to find the slit opening (para. 24).
Regarding claim 22, the Kim/Klas combined reference the first apex (FA) and the second apex (SA) are each positioned below a top of the headwear body (figs. 3,4 of Kim).
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Claim(s) 7,9,11,14,17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (U.S. Patent No. D501981) in view of Klas (U.S. 20150074869) and further in view of Shefner et al. (U.S. 20150135412).
Regarding claim 7, the Kim/Klas combined reference fails to teach the first positioning panel and the second positioning panel are each comprised of a different material than the front panel.
Schefner teaches a headwear embodiment (fig. 9) wherein reflective material (42) is only placed on the front of the headwear and the sides of the headwear are comprised of fabric 20 (para. 92).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have added reflective material to the front panel of the combined reference such that the first positioning panel and the second positioning panel are each comprised of a different material than the front panel in view of Schefner in order to increase visibility at the front of the headwear in low light conditions (para. 81).
Regarding claim 9, the Kim/Klas combined reference fails to teach each of the first positioning panel and the second positioning panel is comprised of a reflective material.
Schefner teaches headwear wherein reflective material can be positioned as any portion of the flexible outer material of the headwear including on the side (paras. 90,92, fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have comprised each of the first positioning panel and the second positioning panel of the combined reference of a reflective material in view of Schefner in order to increase visibility in low light conditions (para. 81).
Regarding claim 11, the Kim/Klas/Schefner combined reference further teaches the first positioning panel (FPP) terminates at the first opening and the second positioning panel (SPP) terminates at the second opening (figs. 3 and 4 of Kim as modified by Klas above)
Regarding claim 14, the Kim/Klas combined reference fails to teach each of the first positioning panel and the second positioning panel is comprised of a reflective material.
Schefner teaches headwear wherein reflective material can be positioned as any portion of the flexible outer material of the headwear including on the side (paras. 90,92, fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have comprised each of the first positioning panel and the second positioning panel of the combined reference of a reflective material in view of Schefner in order to increase visibility in low light conditions (para. 81).
Regarding claim 17, Kim teaches headwear (figs. 1-6) configured to be worn by a wearer, comprising: a headwear body (figs. 1-6 excluding bill); a first side (fig. 4) of the headwear body, a second side (fig. 3) of the headwear body, a pair of positioning panels (FPP, SPP, see annotated fig.), the pair of positioning panels including a first positioning panel (FPP) terminating at a front panel (FP, extending across the front to edge of SPP) of the headwear body (fig. 3), and a second positioning panel (SPP) terminating at the front panel of the headwear body (fig. 3) , wherein the first positioning panel (FPP) is shaped as a first triangle (fig. 4) that includes a first apex (FA, see annotated fig.) that is positioned intermediate a bottom circumferential edge of the headwear body and a top of the headwear body (fig. 4), and wherein the second positioning panel (SPP) is shaped as a second triangle (fig. 3) that includes a second apex (SA, see annotated fig.) that is positioned intermediate the bottom circumferential edge and the top of the headwear body (fig. 3), a first side panel (FSP, see annotated fig.) and a second side panel (SSP, see annotated fig.);
But fails to teach a pair of optics holders comprising a first opening formed on the first side of the headwear body and providing access to a first pocket, and a second opening formed on the second side of the headwear body and providing access to a second pocket, wherein the pair of optics holders further includes the pair of positioning panels configured to guide optics into the pair of optics holders, the pair of positioning panels including the first positioning panel positioned adjacent the first opening, and the second positioning panel positioned adjacent the second opening, wherein each of the first positioning panel and the second positioning panel is comprised of a reflective material, wherein the first opening is formed from a first slit defined by a first terminating edge of a first side panel of the headwear body and a second terminating edge of the first positioning panel, wherein the second opening is formed from a second slit defined by a third terminating edge of a second side panel of the headwear body and a fourth terminating edge of the second positioning panel.
Klas teaches headwear (figs. 8,9) comprising a pair of pockets (301,302) comprising a first opening (opening of 301) formed on the first side of the headwear body (fig. 8) and providing access to a first pocket (301), and a second opening (opening of 302) formed on the second side of the headwear body (fig. 9) and providing access to a second pocket (302), wherein the first opening (opening of 301) is formed from a first slit defined by a first terminating edge of a first panel (1st P) of the headwear body and a second terminating edge of a second panel (2nd P) (fig. 8, paras. 22-24), wherein the first slit is at a position adjacent the bill (1) (fig. 8), wherein the second opening (opening of 301) is formed from a second slit defined by a third terminating edge of a second side panel of the headwear body and a fourth terminating edge of the second positioning panel (headwear is symmetrical, fig. 9), wherein the second slit is at a position adjacent the bill (1) (fig. 9). Klas also teaches an embodiment where at least one pocket is incorporated into a hat with a closed crown (figs. 17,18).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the headwear of Kim so as to include slit openings to pockets between the first positioning panel and first side panel, and the second positioning panel and second side panel thereby including a first opening formed on the first side of the headwear body and providing access to a first pocket, and a second opening formed on the second side of the headwear body and providing access to a second pocket, the pair of positioning panels including the first positioning panel positioned adjacent the first opening, and the second positioning panel positioned adjacent the second opening, wherein the first opening is formed from a first slit defined by a first terminating edge of a first side panel of the headwear body and a second terminating edge of the first positioning panel, wherein the second opening is formed from a second slit defined by a third terminating edge of a second side panel of the headwear body and a fourth terminating edge of the second positioning panel, the pair of positioning panels including the first positioning panel positioned adjacent the first opening, and the second positioning panel positioned adjacent the second opening, the pockets further include the pair of positioning panels in view of Klas in order to prevent loss of golf tees and to hold golf tees above the temple of a user’s head which allows a left-handed player to more naturally insert and withdraw a golf tee from the left tee pocket and a right-handed player to more naturally insert and withdraw a golf tee from the right tee pocket (paras. 2 and 24 of Klas).
The Kim/Klas combined reference doesn’t specifically teach the pockets being optics holders, the pair of positioning panels configured to guide optics into the pair of optics holders, and fails to teach wherein each of the first positioning panel and the second positioning panel is comprised of a reflective material.
However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention that the pockets can be used as optics holders and the pair of positioning panels can be used to guide optics into the pair of optics holders because of the pocket structure on either side of the bill and the positioning panels being forward of the pockets. The examiner notes that this is a recitation of intended use and the structure of the combined reference allows the intended use as described above.
The Kim/Klas combined reference fails to teach wherein each of the first positioning panel and the second positioning panel is comprised of a reflective material.
Schefner teaches headwear wherein reflective material can be positioned as any portion of the flexible outer material of the headwear including on the side (paras. 90,92, fig. 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have comprised each of the first positioning panel and the second positioning panel of the combined reference of a reflective material in view of Schefner in order to increase visibility in low light conditions (para. 81).
Regarding claim 19, the combined reference teaches the first positioning panel (FPP, see annotated fig. 4 of Kim) has a first maximum height that extends from the bottom circumferential edge to the first apex (FA)(fig. 4), the second positioning panel (SPP, see annotated fig.) has a second maximum height that extends from the bottom circumferential edge to the second apex (SA)(fig. 4), the first maximum height is less than a third maximum height of the first side panel (shorter than height of FSP, see fig. 4), and the second maximum height is less than a fourth maximum height of the second side panel (shorter than height of SSP, see fig. 3).
Response to Arguments
Applicant’s arguments filed 2/6/2025 with respect to the pending claims have been considered but are moot because the arguments do not apply to the combination of references being used in the current rejection.
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 ABBY M SPATZ whose telephone number is (571)270-0579. The examiner can normally be reached M-F 10:00-6:00 EST.
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/ABBY M SPATZ/Examiner, Art Unit 3732
/KHOA D HUYNH/Supervisory Patent Examiner, Art Unit 3732