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 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 1-7 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 6 recites “a loop at an end of the first end portion…” This is unclear. It appears to be a typographical error as applicant has already claimed a hook at an end of the first end portion. It is the Examiner’s understanding applicant is attempting to claim the hook and loop (VELCRO) closure mechanism, and therefore the first end portion and the second end portion must have a respective hook and loop portion. For the purposes of examination, Examiner will interpret the claim to read “a loop at an end of the second end portion…”
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Wasko et al. (US 2014/0288624).
Wasko discloses an anatomy heating/cooling system comprising; a first end (e.g. Fig. 3, 34B), a second end (e.g. Fig. 3, 34A), a middle section (e.g. seen generally between 34A and 34B where mask section 24 is indicated in Fig. 3), a hook at an end of the first portion, a loop at an end of the second end portion configured to connect the loop to the hook (e.g. end 35B appears to show the hook portion of the Velcro (hook and loop) closure and 35A appears to show the hook portion(s) of the Velcro; see also paragraph 33 which discloses use of Velcro), a pocket to an inside portion of the middle section, the pocket configured to hold to or more ice packets (e.g. Fig. 3, pocket 28 receives pack 36; see also paragraphs 22-24; specifically paragraph 24 sets forth using a pocket with multiple individual compartments for receiving one or more packs to provide for selective heating/cooling).
With regard to claim 2, Wasko discloses the first end portion the second end portion and the midle section are made of a single piece of material (e.g. Fig. 2-3 show strap 26 running continuously from one end 34A to 34B and across the back of the mask 24; see also paragraph 22).
With regard to claim 3, Wasko discloses the pocket to include a first portion, the first portion configured to hold a first one of the two or more ice packets and the second portion configured to hold a second one of the two or more ice packets (e.g. paragraph 24; as discussed above, Wasko discloses the pocket is configured to have multiple distinct spaced pockets for selective positioning, and therefore each of these individual pockets are considered to be the first and second pocket portions).
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) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wasko et al. as applied above.
With regard to claims 4-6, Wasko discloses the invention as claimed including the pocket being configured to have individual pockets for receiving multiple ice packets and providing selective placement for selective heating/cooling. Wasko fails to explicitly teach the individual pockets being formed with lateral openings for receiving the ice packets (claim 4) the top of the individual pockets being sewn shut (claim 5), a central stitching to separate the individual pockets (claim 6). It would have been obvious to one having ordinary skill in the art to modify the system of Wasko with the individual pockets being formed with lateral openings for receiving the ice packets the top of the individual pockets being sewn shut, a central stitching to separate the individual pockets since such a modification provides for the a resultant structure that meets the disclosed teachings of Wasko with individual pockets that allow for separate distinct heating/cooling regions for selective application of the heating/cooling. Additionally, Wasko already teaches a lateral opening for the insertion/removal of the pack 36 with the top sewn shut as seen in Fig. 2. Therefore the proffered combination is merely using a known technique of providing a central stitching portion to separate the pocket into the distinct pockets and additionally duplicating the lateral opening for the other side of the head band to insert the other ice packet(s).
With regard to claim 7, Wasko discloses the invention as claimed including the mask material being made of synthetic polymers and thermal transmissive, but fails to explicitly teach a circumference of the brow saving device is finished with a nylon or spandex binding. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Wasko with a circumference of the brow saving device is finished with a nylon or spandex binding since it has been held that where the general conditions of a claim are met by the prior art, the selection of a known material based on its suitability for its intended purpose would be within the level of ordinary skill in the art. Additionally, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system of Wasko with making a circumference of the brow saving device being finished with a nylon or spandex binding since it is well known that spandex and/or nylon are known fabrics for apparel and have lightweight, comfortable, and flexible/stretchable properties that would be suitable for use as a garment/apparel in contact with a user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A STOKLOSA whose telephone number is (571)272-1213. The examiner can normally be reached M-F 930AM-530PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Teixeira-Moffat can be reached at 571-272-4390. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794