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 Amendment
Applicant’s amendments of 1/2/2026 is acknowledged. Claims 1 and 4-6 and is/are amended. Applicant’s amendments to the claims overcame each and every specification and claim objection, and 35 U.S.C. 101 rejection previously set forth in the Non-Final Office Action mailed 10/01/2025. Claims 1-6 are presented for examination on the merits.
Specification
The amended specification submitted on 1/2/2026 is acknowledged and entered. No new matter was added.
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rodriguez (US 2023/0380529 A1), in view of Fragomeli (US 5,924,130 A), and in further view of Madrid (US 2016/0206024 A1).
It is noted that the italicized recitations in claims 1-6, as indicated below in the rejections, are functional and do not positively recite a structural limitation, but instead require an ability to so perform and/or function. Rodriguez and Fragomeli substantially disclose the structure(s) as claimed and therefore would have a reasonable expectation of performing such function.
It is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding claim 1, Rodriguez discloses an arm sleeve (100 including an outer layer; para. 25-26) and headband device (Fig. 2; para. 30 discloses “the wristband apparatus may be paired with a spa headband”) for inhibiting water from running down a user’s arms and inhibiting the user’s hair from getting wet while the user is washing their face (para. 29; Fig. 2 shows the headband is functionally capable of inhibiting the user’s hair from getting wet while the user is washing their face), said device comprising:
a pair of sleeves (left and right 100; Fig. 2), each of said pair of sleeves being elongated to a length (Fig. 2 shows left and right 100 have a length) wherein each of said pair of sleeves is configured to be worn on a respective one of a pair of a user’s arms (Fig. 2), each of said pair of sleeves being comprised of a hydrophobic material (para. 13 discloses the outer layer is formed of spandex, which is known in the art to be hydrophobic; Examiner notes that p. 1 of Applicant’s specification does not limit the material of the sleeves to only synthetic microfiber, and therefore, Rodriguez discloses the limitation as claimed) wherein each of said pair of sleeves is configured to inhibit the user’s arms from getting wet when the user is washing their face (abstract & para. 29);
a pair of first elastomeric bands (one of the plurality of elastic bands 104; paras. 8-9 & 25), each of said pair of first elastomeric bands being integrated into the respective one of said pair of sleeves (paras. 8-9 & 25) wherein each of said pair of first elastomeric bands is configured to collapse said pair of sleeves around the respective user’s arm for retaining said sleeves on the user’s arms (para. 25);
a pair of second elastomeric bands (a second one of the plurality of elastic bands 104; paras. 8-9 & 25), each of said pair of second elastomeric bands being integrated into a respective one of said pair of sleeves (paras. 8-9 & 25) wherein each of said pair of second elastomeric bands is configured to collapse said pair of sleeves around the respective user’s arm for retaining said sleeves on the user’s arms (para. 25);
and a headband (Fig. 2; para. 30 discloses “the wristband apparatus may be paired with a spa headband”) wherein said headband is configured to be worn around the user’s head at a point located beneath the user’s hair line (para. 29; Fig. 2 shows the headband is functionally capable of being worn around the user’s head at a point located beneath the user’s hair line), said headband being comprised of a hydrophilic material (para. 30 discloses that left and right 100 are paired with a headband, and therefore, the materials of the headband as disclosed is the same as 100, see para. 12 disclosing the articles are made of porous cloth, flannel, or towel fabric; Examiner notes that p. 1 of Applicant’s specification does not limit the material of the sleeves to only synthetic microfiber, and therefore, Rodriguez discloses the limitation) wherein said headband is configured to inhibit the user’s hair from getting wet when the user is washing their face (Fig. 2 shows the headband is functionally capable of inhibiting the user’s hair from getting wet when the user is washing their face).
Rodriguez does not directly disclose each of said pair of sleeves being elongated to a length which is configured to be at least equivalent to the length of an average human forearm, and each of said pair of second elastomeric bands being positioned on an opposing end of said respective sleeve with respect to said first elastomeric band in said respective sleeve.
However, Fragomeli teaches a sleeve (Fig. 1; discloses a sleeve) being elongated to a length (Fig. 1 shows the sleeve with a length) which is configured to be at least equivalent to the length of an average human forearm (Fig. 1 shows the sleeve is the length of the forearm), and each of said pair of second elastomeric bands (3 at 6; Fig. 1; col. 3 lines 38-50) being positioned on an opposing end of said respective sleeve with respect to said first elastomeric band (3 at 5; Fig. 1; col. 3 lines 38-50) in said respective sleeve.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each of said pair of sleeves’ lengths and position of the elastomeric band of Rodriguez to be configured to at least equivalent to the length of an average human forearm, and each of said pair of second elastomeric bands being positioned on an opposing end of said respective sleeve with respect to said first elastomeric band in said respective sleeve, as taught by Fragomeli in order to improve the fit and comfort of the sleeves, to provide an aesthetically pleasing design, and to have enough material for the user to absorb more water from washing their face. It is noted that a change in aesthetic (ornamental) design generally will not support patentability. See MPEP 2144.04. Additionally, it would have been an obvious matter of design choice since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI. When in combination, Rodriguez and Fragomeli disclose each of said pair of sleeves being elongated to a length which is configured to be at least equivalent to the length of an average human forearm, and each of said pair of second elastomeric bands being positioned on an opposing end of said respective sleeve with respect to said first elastomeric band in said respective sleeve.
Rodriguez and Fragomeli do not directly disclose the headband being comprised of an elastomeric material.
However, Madrid teaches a headband (11) being comprised of an elastomeric material (15; para. 15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the headband of Rodriguez to comprise of an elastomeric material, as taught by Madrid, in order to improve the comfort and fit of the headband on the wearer’s head.
Regarding claim 2, Rodriguez, Fragomeli, and Madrid disclose the device according to claim 1. Rodriguez discloses wherein: each of said pair of sleeves has a first end (Fig. 2, where the first end faces toward the wearer’s hands) and a second end (Fig. 2, where the second end faces toward the wearer’s elbows).
Rodriguez does not directly disclose each of said pair of sleeves is rolled onto themselves adjacent to said second end having said second end of a respective one of said pair of sleeves being attached to an outer surface of said respective sleeve to define a channel extending around a full circumference of said respective sleeve.
However, Fragomeli teaches the sleeve is rolled onto itself adjacent to said second end (Fig. 2) having said second end of the sleeve being attached to an outer surface of said sleeve (Fig. 2, where 1 is the outer surface; col. 3 lines 38-45) to define a channel (4; Figs. 1-2; col. 3 lines 38-45) extending around a full circumference of said sleeve (Fig. 2; col. 3 lines 38-45).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second end of each of said pair of sleeves of Rodriguez to have each of said pair of sleeves is rolled onto themselves adjacent to said second end having said second end of a respective one of said pair of sleeves being attached to an outer surface of said respective sleeve to define a channel extending around a full circumference of said respective sleeve, as taught by Fragomeli, in order to provide a more comfortable and form-fitting style. When in combination, Rodriguez and Fragomeli disclose each of said pair of sleeves is rolled onto themselves adjacent to said second end having said second end of a respective one of said pair of sleeves being attached to an outer surface of said respective sleeve to define a channel extending around a full circumference of said respective sleeve.
Regarding claim 3, when in combination, Rodriguez and Fragomeli further disclose the device according to claim 2, wherein each of said pair of second elastomeric bands is positioned in said channel defined in said respective sleeve (of Rodriguez and as evidenced by Fragomeli: Figs. 1-2; col. 3 lines 38-45) wherein each of said pair of second elastomeric bands is configured to extend around a respective one of the user’s arms when said pair of sleeves is worn on the user’s arms thereby biasing said pair of sleeves to compress around the respective user’s arms to inhibit said pair of sleeves for sliding on the user’s respective arm when the user is washing their face (of Rodriguez and as evidenced by Fragomeli: Figs. 1-2).
Regarding claim 4, Rodriguez, Fragomeli, and Madrid disclose the device according to claim 1. Rodriguez further discloses wherein: each of said pair of sleeves has a first end (Fig. 2, where the first end of each of said pair of sleeves faces toward the wearer’s hands) and a second end (Fig. 2, where the second end of each of said pair of sleeves faces toward the wearer’s elbows).
Rodriguez does not directly disclose each of said pair of first elastomeric bands extends from a first end of said respective sleeve toward the second end of said respective sleeve such that each of said pair of first elastomeric bands defines a cuff of said respective sleeve wherein each of said pair of first elastomeric bands is configured to extend around a respective one of the user’s wrists when said pair of sleeves is worn on the user’s arms thereby biasing said pair of sleeves to compress around the respective user’s wrist to inhibit water from flowing into said pair of sleeves when the user is washing their face.
However, Fragomeli teaches the first elastomeric band (3 of 5; Figs. 1-2) extends from a first end (5) of said sleeve toward the second end (6) of said sleeve (3 of 5 extends toward 6; Figs. 1-2) such that the first elastomeric bands defines a cuff of said sleeve (see annotated Fig. 2 below).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second end and elastomeric band of Rodriguez to extend from the first end to the second end to define a cuff, as taught by Fragomeli, in order to provide a more comfortable fit for the wearer. When in combination, Rodriguez and Fragomeli disclose each of said pair of first elastomeric bands extends from a first end of said respective sleeve toward the second end of said respective sleeve such that each of said pair of first elastomeric bands defines a cuff of said respective sleeve wherein each of said pair of first elastomeric bands is configured to extend around a respective one of the user’s wrists when said pair of sleeves is worn on the user’s arms thereby biasing said pair of sleeves to compress around the respective user’s wrist to inhibit water from flowing into said pair of sleeves when the user is washing their face.
Regarding claim 5, Rodriguez discloses an arm sleeve (100 including an outer layer; para. 25-26) and headband device (Fig. 2; para. 30 discloses “the wristband apparatus may be paired with a spa headband”) for inhibiting water from running down a user’s arms and inhibiting the user’s hair from getting wet while the user is washing their face (para. 29; Fig. 2 shows the headband is functionally capable of inhibiting the user’s hair from getting wet while the user is washing their face), said device comprising:
a pair of sleeves (left and right 100; Fig. 2), each of said pair of sleeves being elongated to a length (Fig. 2 shows left and right 100 have a length) wherein each of said pair of sleeves is configured to be worn on a respective one of a pair of a user’s arms (Fig. 2), each of said pair of sleeves being comprised of a hydrophobic material (para. 13 discloses the outer layer is formed of spandex, which is known in the art to be hydrophobic; Examiner notes that p. 1 of Applicant’s specification does not limit the material of the sleeves to only synthetic microfiber, and therefore, Rodriguez discloses the limitation as best understood) wherein each of said pair of sleeves is configured to inhibit the user’s arms from getting wet when the user is washing their face (abstract & para. 29; para. 4 discloses “limited in their fluid absorption capacity” and therefore, is hydrophobic to a degree), each of said pair of sleeves having a first end (Fig. 2, where the first end faces toward the wearer’s hands) and a second end (Fig. 2, where the second end faces toward the wearer’s elbows);
a pair of first elastomeric bands (one of the plurality of elastic bands 104; paras. 8-9 & 25), each of said pair of first elastomeric bands being integrated into the respective one of said pair of sleeves (paras. 8-9 & 25) wherein each of said pair of first elastomeric bands is configured to collapse said pair of sleeves around the respective user’s arm for retaining said sleeves on the user’s arms (para. 25), each of said pair of first elastomeric bands extending from a first end of said respective sleeve toward a second end of said respective sleeve (Fig. 2) wherein each of said pair of first elastomeric bands is configured to extend around a respective one of the user’s wrists when said pair of sleeves is worn on the user’s arms thereby biasing said pair of sleeves to compress around the respective user’s wrist to inhibit water from flowing into said pair of sleeves when the user is washing their face (Fig. 2, para. 25);
a pair of second elastomeric bands (a second one of the plurality of elastic bands 104; paras. 8-9 & 25), each of said pair of second elastomeric bands being integrated into the respective one of said pair of sleeves (paras. 8-9 & 25) wherein each of said pair of second elastomeric bands is configured to collapse said pair of sleeves around the respective user’s arm for retaining said sleeves on the user’s arms (para. 25), wherein each of said pair of second elastomeric bands is configured to extend around a respective one of the user’s arms when said pair of sleeves is worn on the user’s arms thereby biasing said pair of sleeves to compress around the respective user’s arms to inhibit said pair of sleeves for sliding on the user’s respective arm when the user is washing their face (Fig. 2, para. 25);
and a headband (Fig. 2; para. 30 discloses “the wristband apparatus may be paired with a spa headband”) wherein said headband is configured to be worn around the user’s head at a point located beneath the user’s hair line (para. 29; Fig. 2 shows the headband is functionally capable of being worn around the user’s head at a point located beneath the user’s hair line), said headband being comprised of a hydrophilic material (para. 30 discloses that left and right 100 are paired with a headband, and therefore, the materials of the headband as disclosed is the same as 100, see para. 12 disclosing the articles are made of porous cloth, flannel, or towel fabric; Examiner notes that p. 1 of Applicant’s specification does not limit the material of the sleeves to only synthetic microfiber, and therefore, Rodriguez discloses the limitation) wherein said headband is configured to inhibit the user’s hair from getting wet when the user is washing their face (Fig. 2 shows the headband is functionally capable of inhibiting the user’s hair from getting wet when the user is washing their face).
Rodriguez does not directly disclose each of said pair of sleeves being elongated to a length which is configured to be at least equivalent to the length of an average human forearm, each of said pair of sleeves being rolled onto themselves adjacent to said second end having said second end of a respective one of said pair of sleeves being attached to an outer surface of said respective sleeve to define a channel extending around a full circumference of said respective sleeve, each of said pair of first elastomeric bands extending from a first end of said respective sleeve toward a second end of said respective sleeve such that each of said pair of first elastomeric bands defines a cuff of said respective sleeve, each of said pair of second elastomeric bands being positioned in said channel defined in said respective sleeve.
However, Fragomeli teaches a sleeve (Fig. 1; discloses a sleeve) being elongated to a length (Fig. 1 shows the sleeve with a length) which is at least equivalent to the length of an average human forearm (Fig. 1 shows the sleeve is the length of the forearm), the sleeve is rolled onto itself adjacent to said second end (Fig. 2) having said second end of the sleeve being attached to an outer surface of said sleeve (Fig. 2, where 1 is the outer surface; col. 3 lines 38-45) to define a channel (4; Figs. 1-2; col. 3 lines 38-45) extending around a full circumference of said sleeve (Fig. 2; col. 3 lines 38-45), the first elastomeric band (3 of 5; Figs. 1-2) extending from a first end (5) of said sleeve toward a second end (6) of said sleeve (3 of 5 extends toward 6; Figs. 1-2) such that the first elastomeric bands defines a cuff of said sleeve (see annotated Fig. 2 above of claim 4 rejection), the second elastomeric band is positioned in said channel defined in the sleeve (Figs. 1-2; col 3 lines 38-45).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sleeve of Rodriguez to be a length which is at least equivalent to the length of an average human forearm, to have the sleeve rolled onto itself adjacent to said second end having said second end of the sleeve being attached to an outer surface of said sleeve extending around a full circumference of said sleeve, the first elastomeric band extending from a first end of said sleeve toward a second end of said sleeve such that the first elastomeric bands defines a cuff of said sleeve, the second elastomeric band is positioned in said channel defined in the sleeve, as taught by Fragomeli, in order to provide an aesthetically pleasing design and create a more comfortable fit for the wearer. Further, a change in aesthetic (ornamental) design generally will not support patentability. See MPEP 2144.04. When in combination, Rodriguez and Fragomeli disclose each of said pair of sleeves being rolled onto themselves adjacent to said second end having said second end of a respective one of said pair of sleeves being attached to an outer surface of said respective sleeve to define a channel extending around a full circumference of said respective sleeve, each of said pair of first elastomeric bands extending from a first end of said respective sleeve toward a second end of said respective sleeve such that each of said pair of first elastomeric bands defines a cuff of said respective sleeve, each of said pair of second elastomeric bands being positioned in said channel defined in said respective sleeve.
Rodriguez and Fragomeli do not directly disclose the headband being comprised of an elastomeric material.
However, Madrid teaches a headband (11) being comprised of an elastomeric material (15; para. 15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the headband of Rodriguez to comprise of an elastomeric material, as taught by Madrid, in order to improve the comfort and fit of the headband on the wearer’s head.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Rodriguez (US 2023/0380529 A1), in view of Fragomeli (US 5,924,130 A).
Regarding claim 6, Rodriguez discloses a method of keeping a user’s hair and arms dry when the user is washing their face (abstract, paras. 28-30, Fig. 2), the steps of the method comprising:
positioning a pair of sleeves around a respective one of a pair of user’s arms (left and right 100, both including an outer layer as disclosed in paras. 25-26; Fig. 2) having each of said pair of sleeves extending from a respective one of the user’s wrists toward a respective one of the user’s upper arms (Fig. 2), each of said pair of sleeves being comprised of a hydrophobic material (para. 13 discloses the outer layer is formed of spandex, which is known in the art to be hydrophobic; Examiner notes that p. 1 of Applicant’s specification does not limit the material of the sleeves to only synthetic microfiber, and therefore, Rodriguez discloses the limitation inasmuch as claimed) wherein each of said pair of sleeves is configured to inhibit the user’s arms from becoming wet when the user is washing their face (abstract & para. 29), each of said pair of sleeves having a first elastomeric band (one of the plurality of elastic bands 104; paras. 8-9 & 25) wherein said first elastomeric band is configured to extend around a respective one of the user’s wrists (paras. 8-9 & 25), each of said pair of sleeves having a second elastomeric band being integrated into the respective sleeve (a second one of the plurality of elastic bands 104; paras. 8-9 & 25) with respect to said first elastomeric band wherein each of said pair of second elastomeric bands is configured to extend around a respective one of the user’s upper arms (para. 25);
and positioning a headband (Fig. 2; para. 30 discloses “the wristband apparatus may be paired with a spa headband”) around the user’s head at a point located below the user’s hairline (Fig. 2), said headband being comprised of a hydrophilic material (para. 30 discloses that left and right 100 are paired with a headband, and therefore, the materials of the headband as disclosed is the same as 100, see para. 12 disclosing the articles are made of porous cloth, flannel, or towel fabric; Examiner notes that p. 1 of Applicant’s specification does not limit the material of the sleeves to only synthetic microfiber, and therefore, Rodriguez discloses the limitation) wherein said headband is configured to inhibit the user’s hair from getting wet when the user is washing their face (Fig. 2 shows the headband is functionally capable of inhibiting the user’s hair from getting wet when the user is washing their face).
Rodriguez does not directly disclose each of said pair of sleeves having a first elastomeric band defining a cuff of a respective sleeve, each of said pair of sleeves having a second elastomeric band being integrated into a respective sleeve at an opposing end of said respective sleeve.
However, Fragomeli teaches a first elastomeric band defining a cuff of the sleeve (see annotated Fig. 2 above of claim 4 rejection of the cuff, where 3 is within 5 as shown in Fig. 1), a second elastomeric band being integrated into the sleeve at an opposing end of said sleeve (3 in 6 is at an opposing end of 3 in 5 as shown in Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pair of sleeves and first and second elastomeric bands of Rodriguez to have a first elastomeric band defining a cuff, and the second elastomeric band being integrated into a respective sleeve at an opposing end of said respective sleeve, as taught by Fragomeli, in order to provide a more comfortable fit to the wearer. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI. When in combination, Rodriguez and Fragomeli disclose each of said pair of sleeves having a first elastomeric band defining a cuff of a respective sleeve, each of said pair of sleeves having a second elastomeric band being integrated into a respective sleeve at an opposing end of said respective sleeve.
Response to Arguments
Applicant’s arguments filed 01/02/2026 have been fully considered but they are not persuasive. Applicant’s arguments appear to be directed to the amended limitations, in which additional consideration and reinterpretation has been given for a new grounds of rejection, as stated above.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/G.Q.H./Examiner, Art Unit 3732
/KHOA D HUYNH/Supervisory Patent Examiner, Art Unit 3732
