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 filed July 1, 2024 are objected to as Figures 14 and 15 are of poor quality. These figures appear to be photocopies of photographs and include areas of darkness that render structural elements of the invention as illegible. Formal, replacement drawing sheets are required.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “611”, as recited on at least page 9 of the specification. 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. 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.
The additional drawing sheets (Figures 16-19) filed on July 12, 2024 have been entered.
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 2-7 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 2 recites the limitation “on rear surface” in line 2. It is unclear if this rear surface represents the same structure as the previously set forth “a rear surface”. See line 2 of claim 1. Also note “the rear surface” in lines 2 to 3 of claim 2, and line 2 of claim 4.
The remaining claims are indefinite as each depends from an indefinite claim.
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)(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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCollum (US0392212).
Note a head and neck support system comprising: a bracket having a curved front surface (A), a rear surface (A’), and a ledge (a) positioned between the curved front surface and the rear surface, wherein a length of the curved front surface is longer than a length of the rear surface (see Figure 3), the curved front surface being configured to be positioned directly adjacent to headgear (B, and as disclosed in line 48), wherein a strap (B) of headgear is configured to be positioned (see Figure 2) between the curved front surface and the rear surface, and the ledge is configured to limit downward movement (when screwed in) of the strap of the headgear.
Claim(s) 1 and 2, as best understood with the above cited indefiniteness, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meyer et al (US3393938).
Note a head and neck support system comprising: a bracket having a curved front surface (32 above 36), a rear surface (64), and a ledge (36) positioned between the curved front surface and the rear surface, wherein a length of the curved front surface is longer than a length of the rear surface (see Figure 1), the curved front surface being configured to be positioned directly adjacent to headgear (15, as shown in Figure 1 and referred to as 16 in the specification, and 62, 66), wherein a strap (62, 66) of headgear is configured to be positioned (see Figure 2) between the curved front surface and the rear surface, and the ledge is configured to limit downward movement (when connected with 50, 51, 52, 53) of the strap of the headgear.
Regarding claim 2, note protrusions (50, 52) on rear surface, the protrusions extending away from an outer surface of the rear surface to create a planer surface (see Figure 2) along a lateral and vertical axis, wherein the planer surface is configured to allow the rear surface to be positioned flush against a flat exterior surface.
Allowable Subject Matter
Claims 3-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. A detachable headrest assembly is shown by each of Alexander (US2566757), Thomson (US9375105), Brown (US0856025), and Cruickshank (US1744364).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm.
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mn /MILTON NELSON JR/January 8, 2026 Primary Examiner, Art Unit 3636