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 .
Drawings
The drawings are objected to because the figures do not comply with 37 C.F.R. 1.84 which only permits photographs or photocopies of photographs if photographs are the only practicable medium for illustrating the claimed invention, see MPEP 608.01(f). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
(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) 1-4, 13 and 18-20 is/are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by Koehler (US Publication Number 20110204696).
Regarding claim 1, Koehler discloses a head restraint system (Figures 6, 7 and 9) comprising a mounting component (Figure 6 element 50 and Figure 7 element 60), wherein the mounting component comprises a first fastener component (Figure 6 element 52); and a headgear component adapted to secure a user’s forehead (Figures 6 and 7 element 40), wherein the headgear component comprises a second fastener component (Figure 6 element 43), wherein the first fastener component removably attaches to the second fastener component to secure the mounting component to the headgear component (Paragraph 23).
Regarding claim 2, Koehler discloses the above head restraint system wherein the mounting component is adapted to attach to a seat or be incorporated within the seat, or be incorporated within a vertical surface (Figures 6 and 7).
Regarding claim 3, Koehler discloses the above head restraint system wherein the seat is a component of a transportation vehicle, a chair, a couch, or a portable infant seat (Figure 6 element 53).
Regarding claim 4, Koehler discloses the above head restraint system wherein the mounting component comprises a sleeve or a strap adapted to attach to the seat or a portion of the seat, and the first fastener component is retained within or on a surface of the sleeve or strap (Figure 6 element 51 and Figure 7 element 61).
Regarding claim 13, Koehler discloses the above head restraint system wherein the headgear component comprises a hat, a cap, a visor, a headband, a strap, a drawstring, or a combination thereof (Figure 6 element 42).
Regarding claim 18, Koehler discloses the above head restraint system wherein the mounting component comprising the first fastener component is directly attached to a seat of a vehicle or is incorporated within the seat of the vehicle (Figure 6).
Regarding claim 19, Koehler discloses the above head restraint system wherein the mounting component prevents the head of the user from direct contact with a seat of a vehicle (Figure 6 elements 43 and 52).
Regarding claim 20, Koehler discloses the above head restraint system wherein the headgear component may be detached from the mounting component without removing the headgear component from the user’s forehead (Figure 6).
Claim(s) 1-7, 11-13 and 18-20 is/are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by Blackwood (US Publication Number 20100283310).
Regarding claim 1, Blackwood discloses a head restraint system (Figure 1 element 100 and Figures 4a-c element 400) comprising a mounting component (Figure 1 elements 110 and 114 and Figure element 414), wherein the mounting component comprises a first fastener component (Figure 1 element 130 and Figure 4 element 430); and a headgear component adapted to secure a user’s forehead (Figure 1 element 120), wherein the headgear component comprises a second fastener component (Figure 1 element 130), wherein the first fastener component removably attaches to the second fastener component to secure the mounting component to the headgear component (Figures 2a-b and Paragraphs 21 and 22).
Regarding claim 2, Blackwood discloses the above head restraint system wherein the mounting component is adapted to attach to a seat or be incorporated within the seat, or be incorporated within a vertical surface (Figures 1-4c).
Regarding claim 3, Blackwood discloses the above head restraint system wherein the seat is a component of a transportation vehicle, a chair, a couch, or a portable infant seat (Paragraphs 18 and 26).
Regarding claim 4, Blackwood discloses the above head restraint system wherein the mounting component comprises a sleeve or a strap adapted to attach to the seat or a portion of the seat, and the first fastener component is retained within or on a surface of the sleeve or strap (Figures 1-2b elements 110, 114 and 130).
Regarding claims 5-7, Blackwood discloses the above head restraint system wherein the sleeve comprises a fabric (Paragraph 24), wherein the fabric is inelastic (Paragraph 24), and wherein the fabric comprises a third fastener component to secure the first fastener component to the seat (Figure 1 element 112).
Regarding claim 11, Blackwood discloses the above head restraint system wherein one or both of the mounting component and the headgear component are machine washable (Paragraphs 10 and 24, they disclose that the apparatus should be washed and some of the fabrics listed are considered to be machine washable).
Regarding claim 12, Blackwood discloses the above head restraint system wherein the first fastener component and the second fastener component comprise a plurality of magnets, a hook and loop fastener, a buckle, a snap, or a combination thereof (Figure 1 element 130, Paragraph 22).
Regarding claim 13, Blackwood discloses the above head restraint system wherein the headgear component comprises a hat, a cap, a visor, a headband, a strap, a drawstring, or a combination thereof (Figure 1 element 120).
Regarding claim 18, Blackwood discloses the above head restraint system wherein the mounting component comprising the first fastener component is directly attached to a seat of a vehicle or is incorporated within the seat of the vehicle (Figures 2a-b and 4a-c).
Regarding claim 19, Blackwood discloses the above head restraint system wherein the mounting component prevents the head of the user from direct contact with a seat of a vehicle (Figure 2a).
Regarding claim 20, Blackwood discloses the above head restraint system wherein the headgear component may be detached from the mounting component without removing the headgear component from the user’s forehead (Figures 2a-b).
Claim(s) 1-4, 9, 10, 12, 13 and 18 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by Scher (US Patent Number 6607245).
Regarding claim 1, Scher discloses a head restraint system (Figures 1-4) comprising a mounting component (Figures 1-4 element 11), wherein the mounting component comprises a first fastener component (Figure 2 element 19, Column 2 lines 52-55); and a headgear component adapted to secure a user’s forehead (Figures 1, 2 and 4 element 15), wherein the headgear component comprises a second fastener component (Figure 2 elements 20, 25 and 26), wherein the first fastener component removably attaches to the second fastener component to secure the mounting component to the headgear component (Column 2 lines 43-50).
Regarding claim 2, Scher discloses the above head restraint system wherein the mounting component is adapted to attach to a seat or be incorporated within the seat, or be incorporated within a vertical surface (Figures 1, 3 and 4).
Regarding claim 3, Scher discloses the above head restraint system wherein the seat is a component of a transportation vehicle, a chair, a couch, or a portable infant seat (Figure 1 element 13).
Regarding claim 4, Scher discloses the above head restraint system wherein the mounting component comprises a sleeve or a strap adapted to attach to the seat or a portion of the seat, and the first fastener component is retained within or on a surface of the sleeve or strap (Figures 1-4 element 11).
Regarding claim 9, Scher discloses the above head restraint system wherein the first fastener component is removable from the mounting component (Figure 2 element 19).
Regarding claim 10, Scher discloses the above head restraint system wherein the second fastener component is removable from the headgear component (Figure 2 element 20).
Regarding claim 12, Scher discloses the above head restraint system wherein the first fastener component and the second fastener component comprise a plurality of magnets, a hook and loop fastener, a buckle, a snap, or a combination thereof (Column 2 lines 43-55).
Regarding claim 13, Scher discloses the above head restraint system wherein the headgear component comprises a hat, a cap, a visor, a headband, a strap, a drawstring, or a combination thereof (Figures 1, 2 and 4 element 15).
Regarding claim 18, Scher discloses the above head restraint system wherein the mounting component comprising the first fastener component is directly attached to a seat of a vehicle or is incorporated within the seat of the vehicle (Figure 3).
Claim(s) 1-4 and 13-14 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by Gracie et al. (hereinafter Gracie, US Patent Number 9795219)
Regarding claim 1, Gracie discloses a head restraint system (Figures 1-5) comprising a mounting component (Figures 4 elements 30 and 31), wherein the mounting component comprises a first fastener component (Figure 2 element 7, Column 2 lines 52-55); and a headgear component adapted to secure a user’s forehead (Figures 1-3 element 19), wherein the headgear component comprises a second fastener component (Figures 1-3 element 20), wherein the first fastener component removably attaches to the second fastener component to secure the mounting component to the headgear component (Column 6 lines 53-66).
Regarding claim 2, Gracie discloses the above head restraint system wherein the mounting component is adapted to attach to a seat or be incorporated within the seat, or be incorporated within a vertical surface (Figures 1-3).
Regarding claim 3, Gracie discloses the above head restraint system wherein the seat is a component of a transportation vehicle, a chair, a couch, or a portable infant seat (Figure 1 element 36).
Regarding claim 4, Gracie discloses the above head restraint system wherein the mounting component comprises a sleeve or a strap adapted to attach to the seat or a portion of the seat, and the first fastener component is retained within or on a surface of the sleeve or strap (Figure 4 elements 30 and 31).
Regarding claim 13, Gracie discloses the above head restraint system wherein the headgear component comprises a hat, a cap, a visor, a headband, a strap, a drawstring, or a combination thereof (Figures 1-3 element 19).
Regarding claim 14, Gracie discloses the above head restraint system wherein one or both of the mounting component and the headgear component comprise a logo (Column 4 lines 66-67).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Koehler as applied to claim 4 above, and further in view of Krsacok (US Publication Number 20180132633).
Regarding claim 8, Koehler discloses the above head restraint system, but fails to teach of the claimed antimicrobial properties.
However, Krsacok discloses a similar apparatus with a strap (Figure 1 element 102) that comprises an antimicrobial material or antimicrobial surface treatment (Paragraph 24).
Regarding claim 8, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the head restraint system of Koehler with the antimicrobial features of Krsacok for the predictable result of providing cleanliness, health and safety with an anti-microbial feature (Krsacok, Paragraph 24).
Claim(s) 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Koehler as applied to claim 1 above, and further in view of Christlieb (US Patent Number 5113858).
Regarding claim 15, Koehler discloses the above head restraint system, but fails to teach of either of either fastener component being removable from a pocket.
However, Christlieb discloses a similar band/strap structure (Figures 3a-b element 11) containing a magnet (Figure 3a element 14 and Figure 3b element 14a) removable contained in a pocket (Column7 lines 11-31).
Regarding claim 15, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the head restrain system of Koehler with the fastener pocket of Christlieb for the predictable result of removing the fastener for easier washing (Christlieb, Column 7 lines 18-21).
Regarding claim 16, Koehler as modified by Christlieb discloses the above head restraint system wherein the pocket is sealable (Christlieb, Column 7 lines 14-17).
Regarding claim 17, Koehler as modified by Christlieb discloses the above head restraint system wherein the pocket comprises a zipper or a hook and loop fastener. (Christlieb, Column 7 lines 25-31).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A MCFALL whose telephone number is (571)270-5769. The examiner can normally be reached M-Th 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicholas McFall/Primary Examiner, Art Unit 3644