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 .
Response to Amendments
The amendments filed with the written response received on 28 August 2025 have been considered and an action on the merits follows. As directed by the amendment, claim(s) 14 and 19-20 has/have been amended, claim(s) 13 is/are canceled, claim(s) 21 has/have been added, and claim(s) 1-12 has/have been withdrawn. Accordingly, claim(s) 1-12 and 14-21 is/are pending in this application with an action on the merits to follow regarding claim(s) 14-21.
Because of the applicant's amendment, the following in the office action filed 20 March 2025, are hereby withdrawn:
Claim Objections
Rejections under 35 USC 112(b)
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.
Claim(s) 14-18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho US 20040231031.
Regarding Independent Claim 14, Cho discloses a method of changing the shape of an existing article of headwear that has already been manufactured (Figs. 3-5 & 7; Abstract, ¶0031) using a headwear insert (Figs. 3-5 & 7 #13), the article of headwear (Figs. 3-5 & 7) comprising a crown (Fig. 5 #1) having a crown bottom perimeter (Cho Annot. Fig. 5) and a crown top (Cho Annot. Fig. 5); the crown including a first crown segment (Cho Annot. Fig. 5) and a second crown segment (Cho Annot. Fig. 5) located in side-by-side relationship (Fig. 5), with side edges of the first crown segment and the second crown segment extending upwardly from the crown bottom perimeter to the crown top (Fig. 5), and the first crown segment being fastened to the second crown segment along a crown seam (Fig. 7 #1b) with a seam tape (Fig. 7 #15) coupled over the crown seam to the first crown segment and the second crown segment (Fig. 7; ¶0046) , wherein the method comprises the steps performed in the following sequential order of (¶0023-0025, 0034-0046):- inserting, after the existing article of headwear has already been manufactured (¶0023-0025), the headwear insert between the seam tape and the crown seam (Figs. 3-5 & 7; ¶0046), the headwear insert having an elongated body (Figs. 3-5 & 7 #7), wherein the elongated body has a length dimension (Cho Annot. Fig. 3), a first end (Cho Annot. Fig. 3), a second end (Cho Annot. Fig. 3), an elongated upper surface (Cho Annot. Fig. 3), an elongated lower surface (Cho Annot. Fig. 3), an elongated first side surface (Cho Annot. Fig. 3), an elongated second side surface (Cho Annot. Fig. 3), and a curved body section (Cho Annot. Fig. 3), and wherein the elongated upper surface, the elongated lower surface, the elongated first side surface, and the elongated second side surface each extend between the first end and the second end (Cho Annot. Fig. 3), and wherein the length dimension describes a length of the elongated upper surface between the first end and the second end (Cho Annot. Fig. 3), wherein the curved body section comprises at least fifty percent of the length dimension (Cho Annot. Fig. 3), and wherein the curved body section is formed by a first portion of the elongated upper surface (Cho Annot. Fig. 3) having a convex curve shape (Fig. 3) and by a first portion of the elongated lower surface (Cho Annot. Fig. 3) having a concave curve shape (Fig. 3); and- positioning the elongated body of the headwear insert between the seam tape and the crown seam (Figs. 5 & 7; ¶0045-48) and between the crown bottom perimeter and the crown top (Figs. 5 & 7; ¶0045-48).
Regarding Claim 15, Cho discloses the method of claim 14, wherein the headwear insert extends between 80 and 100 percent of a distance between the crown bottom perimeter and the crown top (Fig. 5).
Regarding Claim 16, Cho discloses the method of claim 14, wherein the elongated first side surface and the elongated second side surface are substantially parallel to each other (Figs. 3-5 & 7).
Regarding Claim 17, Cho discloses the method of claim 14, further comprising a linear body section (Cho Annot. Fig. 3), wherein the linear body section is formed by a second portion of the elongated upper surface (Cho Annot. Fig. 3) having a planar shape and by a second portion of the elongated lower surface having a planar shape (Figs. 4 & 7 show the planar shape of both the upper and lower surfaces of #7).
Regarding Claim 18, Cho discloses the method of claim 17, wherein the second portion of the elongated upper surface and the second portion of the elongated lower surface are substantially parallel to each other (Figs. 3-5 & 7).
Regarding Independent Claim 21, Cho discloses a method of changing the shape of an existing article of headwear that has already been manufactured (Figs. 3-5 & 7; Abstract, ¶0031) using a headwear insert (Figs. 3-5 & 7 #13), the article of headwear (Figs. 3-5 & 7) comprising a crown (Fig. 5 #1) having a crown bottom perimeter (Cho Annot. Fig. 5) and a crown top (Cho Annot. Fig. 5); the crown including a first crown segment (Cho Annot. Fig. 5) and a second crown segment (Cho Annot. Fig. 5) located in side-by-side relationship (Fig. 5), with side edges of the first crown segment and the second crown segment extending upwardly from the crown bottom perimeter to the crown top (Fig. 5), and the first crown segment being fastened to the second crown segment along a crown seam (Fig. 7 #1b) with a seam tape (Fig. 7 #15) coupled over the crown seam to the first crown segment and the second crown segment (Fig. 7; ¶0046) , wherein the method comprises the steps performed in the following sequential order of (¶0023-0025, 0034-0046):- inserting, after the existing article of headwear has already been manufactured (¶0023-0025), the headwear insert between the seam tape and the crown seam (Figs. 3-5 & 7; ¶0046), the headwear insert consisting of an elongated body (Figs. 3-5 & 7 #7), wherein the elongated body has a length dimension (Cho Annot. Fig. 3), a first end (Cho Annot. Fig. 3), a second end (Cho Annot. Fig. 3), an elongated upper surface (Cho Annot. Fig. 3), an elongated lower surface (Cho Annot. Fig. 3), an elongated first side surface (Cho Annot. Fig. 3), an elongated second side surface (Cho Annot. Fig. 3), and a curved body section (Cho Annot. Fig. 3), and wherein the elongated upper surface, the elongated lower surface, the elongated first side surface, and the elongated second side surface each extend between the first end and the second end (Cho Annot. Fig. 3), and wherein the length dimension describes a length of the elongated upper surface between the first end and the second end (Cho Annot. Fig. 3), wherein the curved body section comprises at least fifty percent of the length dimension (Cho Annot. Fig. 3), and wherein the curved body section is formed by a first portion of the elongated upper surface (Cho Annot. Fig. 3) having a convex curve shape (Fig. 3) and by a first portion of the elongated lower surface (Cho Annot. Fig. 3) having a concave curve shape (Fig. 3); and- positioning the elongated body of the headwear insert between the seam tape and the crown seam (Figs. 5 & 7; ¶0045-48) and between the crown bottom perimeter and the crown top (Figs. 5 & 7; ¶0045-48).
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho as applied to claim 14 above.
Regarding Claim 19, Cho discloses the method of claim 14, wherein the first portion of the elongated lower surface having the concave curve shape has the concave curve shape defined by an arc length (Cho Annot. Fig. 3), but does not expressly disclose that arc length is between 60 and 80 degrees and has a radius of between 3.0 and 4.2 inches. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the arc length between 60 and 80 degrees and a radius of between 3.0 and 4.2 inches so that the insert arms would have the appropriate physical strength when under stress so as to maintain the desired shape of the insert, since the claimed values are merely an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
Regarding Claim 20, Cho discloses the method of claim 14, wherein the first portion of the elongated lower surface having the concave curve shape has the concave curve shape defined by an arc length (Cho Annot. Fig. 3), but does not expressly disclose that arc length is between 24 and 34 degrees and has a radius of between 2.0 and 3.0 inches. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the arc length between 24 and 34 degrees and a radius of between 2.0 and 3.0 inches so that the insert arms would have the appropriate physical strength when under stress so as to maintain the desired shape of the insert, since the claimed values are merely an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
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Response to Remarks/Arguments
Applicant’s arguments, filed 28 August 2025 with respect to the 35 USC 102 rejection of claims 14-18 and the 35 USC 103 of claims 19-20, do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. The amendments are directed to limitations previously present in the prior art of Cho, the rejections of the claims under 35 U.S.C. 102 and/or 103 have been maintained.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQUEL M. WEIS whose telephone number is 571-272-6804. The examiner can normally be reached Mon-Fri: 0800-1700.
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732