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 .
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 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.
DETAILED ACTION
This is in response to the amendments filed on 3/6/2026 in which claims 1-8 are pending, of which Claims 1 and 8 have been amended.
Response to Arguments
Applicant's Argument:
Applicant's arguments with respect to the pending amended claims have been fully considered but they are moot in view of the new grounds of rejection as stated below.
Claim Rejections - 35 USC § 102
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.
(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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bryson (U.S. Pub. No. 2017/0265553 A1).
Regarding claim 1, Bryson discloses a hair covering (Figs. 1-4 identifier 10) comprising:
a head section (Fig. 1 identifier 12) comprising a flexible fabric material (para. 0021) and having a generally tubular shape (See Figs. 1-2 when worn on the generally shaped head of the wearer), the head section (12) having a front rim (22a) which defines a front opening (the opening is where the head is inserted), the front rim (See above) being sized and shaped to circumferentially surround a head of a user (See Figs. 1-2); and
a pair of sleeves (Fig. 1 identifiers 14) comprising the flexible fabric material (See above), each sleeve (14) being coupled to and extending rearwardly from the head section (Clearly shown in Figs. 1-2), the sleeves (14) being laterally spaced apart from each other with respect to the head section (See Fig. 1), each sleeve of the pair of sleeves (14) defining a sleeve slit (which is the opening where the fasteners 32 are present) which extends therethrough into an interior space of the sleeve (wherein the interior space is the cavity holding the air of the wearer when worn as shown in Figs. 1-2), the sleeve slit of each sleeve (See above) extending from a distal end of the sleeve with respect to the head section toward the head section (See Figs, 1-2 wherein the distal end is the end furthest away from the head section where the hair exit the sleeves). It is noted that the pair of sleeves are an integral extension of the head section integrally when they are connected as clearly shown in Fig. 1.
Regarding claim 2, Bryson discloses a hair covering wherein the sleeve slits of the sleeves (See above) face each other (See Fig. 1) across a gap between the sleeves (Wherein the gap is the distance between the sleeves).
Regarding claim 3, Bryson discloses a hair covering wherein each sleeve (14) defines a rear opening at the distal end of the sleeve (Where the hair exit the sleeve as shown in Figs. 1-2).
Regarding claim 4, Bryson discloses a hair covering further comprising a pair of sleeve closures (Figs. 1-2 identifiers 32), each sleeve closure (32) of the pair of sleeve closures being coupled to an associated sleeve of the pair of sleeves (See Figs. 1-2), each sleeve closure being configured to selectively close the sleeve slit of the associated sleeve (See above and Figs. 1-2).
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 of this title, 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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bryson (U.S. Pub. No. 2017/0265553 A1) in view of Clarke (U.S. Pub. No. 2012/0079643 A1).
Regarding claim 5, Bryson discloses the invention substantially as claimed above.
Bryson does not disclose a resiliently stretchable member coupled to the head section and positioned along a front rim.
However, Clarke teaches yet another hair covering having a front rim (Fig. 1 front edge adjacent the forehead of the wearer when worn) and a resiliently stretchable member (para. 0016 discloses an elastic band which is considered as the resiliently stretchable member) coupled to a head section and positioned along a front rim (See 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 have manufactured Bryson device with a resiliently stretchable member coupled to the head section and positioned along a front rim as taught by Clarke in order to receive and secure heads of various sizes (para. 0019) for tight comfortable fit preventing the cover from sliding backward accidentally.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bryson (U.S. Pub. No. 2017/0265553 A1) in view of Flannery et al. (U.S. Patent No. 5,099,865).
Regarding claim 6, Bryson discloses the invention substantially as claimed above.
Bryson does not disclose that the head section defines a front slit in the front rim to facilitate widening the front opening.
However, Flannery et al. “Flannery” teach yet another hair covering wherein the head section defines a front slit in the front rim (See Fig. 1 wherein the slit is between 20, 22) capable to facilitate widening the front opening when worn.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have manufactured Bryson device with the head section defines a front slit in the front rim as taught by Flannery in order to accommodate a range of sizes of patients' heads (Col. 3, lines 8-9) providing tight fit preventing accidental disengagement of the cover from the head of the wearer.
Regarding claim 7, Bryson as modified by Flannery discloses a hair covering further comprising a front closure coupled to the head section, the front closure being configured to selectively close the front slit (20 of Flannery is considered the front closure).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bryson (U.S. Pub. No. 2017/0265553 A1) in view of Clarke (U.S. Pub. No. 2012/0079643 A1) and Flannery et al. (U.S. Patent No. 5,099,865).
Regarding claim 8, Bryson discloses a hair covering (Figs. 1-4 identifier 10) comprising:
a head section (Fig. 1 identifier 12) comprising a flexible fabric material (para. 0021) and having a generally tubular shape (See Figs. 1-2 when worn on the generally shaped head of the wearer), the head section (12) having a front rim (22a) which defines a front opening (the opening is where the head is inserted), the front rim (See above) being sized and shaped to circumferentially surround a head of a user (See Figs. 1-2); and
a pair of sleeves (Fig. 1 identifiers 14) comprising the flexible fabric material (See above), each sleeve (14) being coupled to and extending rearwardly from the head section (Clearly shown in Figs. 1-2), the sleeves (14) being laterally spaced apart from each other with respect to the head section (See Fig. 1), each sleeve of the pair of sleeves (14) defining a sleeve slit (which is the opening where the fasteners 32 are present) which extends therethrough into an interior space of the sleeve (wherein the interior space is the cavity holding the air of the wearer when worn as shown in Figs. 1-2), the sleeve slit of each sleeve (See above) extending from a distal end of the sleeve with respect to the head section toward the head section (See Figs, 1-2 wherein the distal end is the end furthest away from the head section where the hair exit the sleeves), It is noted that the pair of sleeves are an integral extension of the head section integrally when they are connected as clearly shown in Fig. 1;
wherein the sleeve slits of the sleeves (See above) face each other (See Fig. 1) across a gap between the sleeves (Wherein the gap is the distance between the sleeves);
wherein each sleeve (14) defines a rear opening at the distal end of the sleeve (Where the hair exits the sleeve as shown in Figs. 1-2);
a pair of sleeve closures (Figs. 1-2 identifiers 32), each sleeve closure (32) of the pair of sleeve closures being coupled to an associated sleeve of the pair of sleeves (See Figs. 1-2), each sleeve closure being configured to selectively close the sleeve slit of the associated sleeve (See above and Figs. 1-2).
Bryson does not disclose a resiliently stretchable member coupled to the head section and positioned along a front rim.
However, Clarke teaches yet another hair covering having a front rim (Fig. 1 front edge adjacent the forehead of the wearer when worn) and a resiliently stretchable member (para. 0016 discloses an elastic band which is considered as the resiliently stretchable member) coupled to a head section and positioned along a front rim (See 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 have manufactured Bryson device with a resiliently stretchable member coupled to the head section and positioned along a front rim as taught by Clarke in order to receive and secure heads of various sizes (para. 0019) for tight comfortable fit preventing the cover from sliding backward accidentally.
Bryson does not disclose that the head section defines a front slit in the front rim to facilitate widening the front opening.
However, Flannery et al. “Flannery” teach yet another hair covering wherein the head section defines a front slit in the front rim (See Fig. 1 wherein the slit is between 20, 22) capable to facilitate widening the front opening when worn.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have manufactured Bryson device with the head section defines a front slit in the front rim as taught by Flannery in order to accommodate a range of sizes of patients' heads (Col. 3, lines 8-9) providing tight fit preventing accidental disengagement of the cover from the head of the wearer;
a front closure coupled to the head section, the front closure being configured to selectively close the front slit (20 of Flannery is considered the front closure).
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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/KHALED ANNIS/Primary Examiner, Art Unit 3732