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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (the interchangeable hat), Species A (Figs. 1-4) in the reply filed on December 19, 2025 is acknowledged.
Claims 2-8, 10, 12-18, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Examiner notes claim 20 was indicated as withdrawn by Applicant in the Remarks filed December 19, 2025, but claims 2-8 and 12-18 were withdrawn by Examiner:
Claims 2 and 12 each recites, “wherein: the entire zipper is constructed to be positioned between the user' s head and the brim”, however such a limitation is not shown or disclosed as part of elected Species A, Figs. 1-4, as the zipper is entirely on the second side of the crown, and according to para. 0055, the claimed feature is part of Fig. 8 (non-elected Species B);
Claims 3 and 13 each recites, “wherein: at least a portion of the zipper is constructed to be positioned between the user' s head and the brim”, however such a limitation is not shown or disclosed as part of elected Species A, Figs. 1-4, as the zipper is entirely on the second side of the crown, and according to para. 0055, the claimed feature is part of Fig. 8 (non-elected Species B);
Claims 4 and 14 each recites, “ wherein: at least a portion of the zipper is constructed to be positioned under the brim”, however such a limitation is not shown or disclosed as part of Species A, Figs. 1-4, as the zipper is entirely on the second side of the crown, and according to paras. 0056 and 0060, the claimed feature is part of Figs. 5-9 (non-elected Species B) and/or Figs. 10-12 (non-elected Species C);
Claims 5 and 15 each recites, “wherein while at least the portion of the second side of the hemispherical crown is worn as the first interior of the interchangeable hat: a portion of the zipper is positioned between the user's head and the brim; and a portion of the zipper is not positioned between the user's head and the brim”, however such a limitation is not shown or disclosed as part of Species A, Figs. 1-4, as the zipper is entirely on the second side of the crown, and according to para. 0061, the claimed feature is part of Figs. 10-12 (non-elected Species C);
Claims 6 and 16 each recites, “wherein while at least the portion of the second side of the hemispherical crown is worn as the first interior of the interchangeable hat a portion of the zipper is positioned between the user's head and the brim; and a portion of the zipper is not inside the interchangeable hat”, however such a limitation is not shown or disclosed as part of Species A, Figs. 1-4, as the zipper is entirely on the second side of the crown, and according to para. 0061, the claimed feature is part of Figs. 10-12 (non-elected Species C);
Claims 7 and 17 each recites, “wherein while at least the portion of the second side of the hemispherical crown is worn as the first interior of the interchangeable hat: a portion of the zipper is positioned under the brim; and a portion of the zipper is not positioned under the brim”, however such a limitation is not shown or disclosed as part of Species A, Figs. 1-4, as the zipper is entirely on the second side of the crown, and according to para. 0060, the claimed feature is part of Figs. 10-12 (non-elected Species C);
Claims 8 and 18 each recites, “wherein while at least the portion of the second side of the hemispherical crown is worn as the first interior of the interchangeable hat: at least the portion of the second side of the hemispherical crown is constructed to be at least partially positioned over a user' s ear”, however such a limitation is not shown or disclosed as part of Species A, Figs. 1-4, as the zipper is entirely on the second side of the crown, and according to para. 0060, the claimed feature is part of Figs. 10-12 (non-elected Species C);
Claim 10 recites, “wherein at least the portion of the second side of the hemispherical crown is made primarily of fabric”, however such a limitation is not shown or disclosed as part of Species A, Figs. 1-4. Para. 0044 recites, “When the zipper 305 is positioned on the front of the hat 100 (i.e., near the user's forehead and above the brim) and the hat 100 is reversed, the zipper 305 rests on top of the fabric rather than on the user's forehead cushioning to safeguard the skin”, and looking at Fig. 3, such a disclosure would mean that a structure under the zipper would be fabric, and in this case, the structure would be the first side of the crown, thus the second side of crown is not definitively disclosed as fabric. Further, this limitation is supported by para. 0054 which describes Fig. 6 and recites, “For example, in some embodiments, at least the portion 515 of the second side 517 of the hemispherical crown 507 is made primarily of fabric”, thus the claimed feature is part of Figs. 5-6 (non-elected Species B);
Accordingly, claims 1-20 are pending in this application, with an action on the merits to follow regarding claims 1, 9, 11, and 19.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the liner (claims 9 and 19) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Specification
The disclosure is objected to because of the following informalities: para. 0028 has an erroneous “\” at the end that should be deleted.
Appropriate correction is required.
Claim Objections
Applicant is advised that should claim 1 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). In this case, the claims 1 and 11 are identical to one another, and claims 9 and 19 are identical to one another, and Examiner respectfully suggest cancelling or amending claim 11.
Claim 19 is objected to because of the following informalities: Claim 19 should recites, “The interchangeable hat of claim [[I1]] 11”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garza (US 5488740) in view of Marquez Diaz (US 2022/0047027).
Regarding claims 1 and 11, Garza discloses an interchangeable hat (50), comprising: a hemispherical crown (combination of 51/70) having a bottom edge defining a perimeter (see annotated Fig. 4); a brim (52) at least partially extending around the bottom edge (as can be seen in Fig. 3, the brim extends partially around the bottom edge), the brim and the hemispherical crown each including a first side (first side of crown is 60 and first side of the brim is 53) and a second side (second side of crown is 61 and second side of brim is 54), wherein: the first side of the hemispherical crown is constructed to be worn as a first exterior of the interchangeable hat while at least a portion of the second side of the hemispherical crown is worn as a first interior of the interchangeable hat; and the second side of the hemispherical crown is constructed to be worn as a second exterior of the interchangeable hat while at least a portion of the first side of the hemispherical crown is worn as a second interior of the interchangeable hat (as disclosed in col. 3, lines 42-66, the hat is disclosed as being reversible so that either the first or second side may be worn as the exterior while the other side is worn as the interior).
Garza does not expressly disclose a storage compartment positioned between the first side of the hemispherical crown and the second side of the hemispherical crown, and a zipper positioned at the second side of the hemispherical crown, wherein the zipper is configured to open and close the storage compartment.
Marquez Diaz teaches reversible hat (100) comprising a storage compartment (130) positioned between the first side (120) of the hemispherical crown (combination of 110/120/113/114) and the second side (110/113/114) of the hemispherical crown (note the hat is reversible so that either the first or second side can be the outer side), and a zipper (140) positioned at the second side of the hemispherical crown (see para. 0054), wherein the zipper is configured to open and close the storage compartment (disclosed in para. 0054).
Garza and Marquez Diaz teach analogous inventions in the field of reversible ball caps. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an storage compartment in the hemispherical crown of Garza as taught by Marquez Diaz in order to offer “imperceptible storage compartments useful in carrying personal belongings in a convenient and safe fashion” (see para. 0005 of Marquez Diaz).
Examiner notes that italicized limitations in the prior art rejections are functional and do not positively recite a structural limitation, but instead require an ability to so perform and/or function. As the prior art discloses the structure of the hat, there would be a reasonable expectation for the structure of the hat to perform such functions, as Examiner has explained after each functional limitation.
Regarding claim 10, the modified hat of Garza discloses wherein at least the portion of the second side of the hemispherical crown is made primarily of fabric.
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Garza and Marquez Diaz, as applied to claims 1 and 11 above, and further in view of Epling (US 2005/0268382).
Regarding claims 9 and 19, the modified hat of Garza discloses all the limitations of claims 1 and 11 above, but does not expressly disclose further comprising: a liner positioned between the first side and the second side of the hemispherical crown; wherein the liner is waterproof or water resistant.
Epling teaches a baseball style cap (100) with layered crown (40/12/14) comprising: a liner (12) positioned between the first side (40) and the second side (14) of the hemispherical crown (see Figs. 2 and 3b); wherein the liner is waterproof or water resistant (as membrane 123 of liner 12 is waterproof, preferably GORE-TEX, see paras. 0032-0033).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a waterproof liner between the sides of the modified crown of Garza as taught by Epling in order to add protection to the hat that is both waterproof and breathable thereby increasing the use of the hat as it can also be useable in inclement weather an keep the wearer comfortable.
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Annotated Fig. 4 (Garza)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shown are hats that are reversible and/or have storage compartments. For example Dunavin (US 2007/0256213) and Bell (US 4716559) show hats that are reversible and have differing ornamentation on each side; and Adams (US 6018821) and Hosogai (US 2006/0143776) show hats that are reversible and have storage compartments.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEATHER MANGINE, Ph.D. whose telephone number is (571)270-0673. The examiner can normally be reached Monday-Friday 8AM-4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HEATHER MANGINE, Ph.D./ Primary Examiner, Art Unit 3732