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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1 and 3-5 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Angello (US 2018/0193685 A1) in view of Koncelik (US 2007/0205352 A1).
Regarding Claims 1 Angello teaches (Fig 10B) a sports towel, which includes: a moisture absorbing poly blend fabric (par.0117) having a predetermined width W and predetermined length L defining a perimeter with reinforced stitching thereby preventing fraying (par 0014); an inwardly disposed slit (12E, 12F) having reinforced stitching about said slit to prevent said slit from undesirably enlarging due to tearing and use of said towel (par.0048), said slit (12E, 12F) sized and capable of receiving through an opening which said slit (12E, 12F) defines, an outwardly disposed portion of said towel in a manner to serve as a mechanism by which said towel can be readily retained on one of a loop (Fig 10B), strap and annular sports equipment surface (Fig 10B). Angello further teaches a pair of holes (12A-B, 12C-D) on either side of slit (12E, 12F)
Angello is silent regarding soft grommets being placed within the holes.
However, Koncelik teaches a sports towel having aperture holes (918) having soft grommets (920-922) placed therein (Fig 10A) for the purpose of reinforcing the aperture holes and preventing tearing and fraying of the towel fabric.
Therefore, it would have been obvious to one of ordinary skill in the art to have modified Angello to include the teachings of Koncelik by placing soft grommets within the holes for the purpose of reinforcing the holes and preventing tearing and fraying of the towel fabric. Regarding the particular dimension o the towel, it would have been a matter of mere design consideration to one of ordinary skill in the art to have made the towel with dimensions recited in claim 1. Since applicant did not disclose such a dimension achieves a particular advantageous result, it appears the invention would work equally as well with the dimension disclosed in the prior art. Furthermore, a modification of the prior art to meet claimed dimensions would have involved a mere change in the size of the component. A change of size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding Claims 3 Angello as modified above teaches wherein said soft grommets (12A-B, 12C-D) are on opposing sides of said slit (12E, F) and equally spaced from said slit (12E, F) (Fig 10B).
Regarding Claims 4 Angello as modified above teaches wherein said slit (12E-F) and said grommets (12A-B, 12C-D) are centrally disposed on said towel (Fig 10A).
Regarding Claims 5 Koncelik teaches wherein said grommets are non-metallic (plastic) (Par.0049).
Claim 2 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Angello in view of Koncelik as applied to claim1 above and in further in view of Mastromarco (US 2014/0058981 A1).
Regarding Claims 2 Angello as modified above is silent regarding said fabric including a graphic.
However, Mastromarco teaches a towel (12b) having a graphic (26) placed in a section of the towel (See Fig 2). Mastromarco discloses doing so provides advertisements benefits for the towel (par.0039).
Therefore, it would have been obvious to one of ordinary skill in the art to have further modified Angello to include the teachings of Mastromarco by providing graphics on the towel for the purpose providing advertisement benefits. Note: the limitation requiring the graphic being formed by a process of die sublimation is being treated as a product by process limitation. Since applicant didn’t include distinguishing structures within the claims that would result from the aforementioned process, the claimed invention is substantially addressed by the above combination as they don’t present structures beyond what is present in the prior art. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulation of the recited steps, only to the structure implied by the steps. Once a product appearing to be substantially the same or similar product is found, a 35 U.S.C. § 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. See MPEP 2113.
Conclusion
Prior art made of record is pertinent to applicant’s claimed invention Hoyme (US 1497685) , Ehler (US 2012/0023635 A1), Fesler (US 4,516,616) all teach a towel that are pertinent to applicant claimed invention.
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/ABIY TEKA/ Primary Examiner, Art Unit 3745