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 amendment, filed 26 November 2025, is reviewed and entered. This Office Action is a final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1
Newly Added
19
Canceled
4-5 and 18
Pending
1-3, 6-17, and 19
Presented for Examination
1-3, 6-17, and 19
Response to Arguments
Applicant's arguments filed 26 November 2025 have been fully considered but they are not persuasive.
102 Rejections
Overcome by the amendment and withdrawn.
103 Rejections
The arguments are drawn to newly amended subject matter and are addressed in the new grounds of rejection below.
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 following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“a fastener on an external surface of the cap, wherein the fastener is at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” (claim 1). The figures do not support a “fastener on an external surface of the cap” of any kind, let alone “at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape.” There does not appear to be anything, including a fastener, on the external surface of cap 100. The specification only mentions one fastener once, in para. 0035, and it is a buckle or hook and loop fastener for adjusting the cap. It is not clear if this fastener corresponds to the claim 1 fastener, but even if it does, neither the disclosed fastener nor the claimed fastener is shown in the figures.
The “at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” in the recitation “a hair piece configured to be attached to the sweatband by at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” (claim 1). This objection may be overcome by providing one or more of the existing figures with reference numbers for each of the “clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape.”
“the means are at least one of hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” (claim 1). This objection may be overcome by providing one or more of the existing figures with reference numbers for each of the “at least one of hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape.”
The seal, opening, and upper surface of the sweatband (claim 1). Regarding the seal, para. 0037 discloses the opening “can be open or sealable” but it is not clear that there is a seal structure. Furthermore, the figures do not show a seal and the specification is silent as to there being a seal. Regarding the opening, the only brow pocket opening in the figures is 302; however, it is not clear if opening 302 is the opening of claim 1 or the opening of claim 10.
“a massage system, an aromatherapy diffuser, a therapy LED, or a compression attachment” (claim 13). This objection may be overcome by providing one or more of the existing figures with reference numbers for each of the “a massage system, an aromatherapy diffuser, a therapy LED, or a compression attachment.”
A second hat (claim 19). The figures have support for a system comprising a single hat 200.
“at least one of the following: clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” (claim 19). This objection may be overcome by providing one or more of the existing figures with reference numbers for each of the “clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” for each of the cap attaching to the first and second hat, the hair piece attaching to the sweatband, and the crown portion receiving an attachment.
The seal, opening, and upper surface of the sweatband (claim 19). Regarding the seal, para. 0037 discloses the opening “can be open or sealable” but it is not clear that there is a seal structure. Furthermore, the figures do not show a seal and the specification is silent as to there being a seal.
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.
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: 120. 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
“a fastener on an external surface of the cap, wherein the fastener is at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” (claim 1). The specification does not support a “fastener on an external surface of the cap” of any kind, let alone “at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape.” The specification only mentions one fastener once, in para. 0035, and it is a buckle or hook and loop fastener for adjusting the cap. It is not clear if this fastener corresponds to the claim 1 fastener.
The seal, opening, and upper surface of the sweatband (claim 1). Regarding the seal, para. 0037 discloses the opening “can be open or sealable” but it is not clear that there is a seal structure. Furthermore, the figures do not show a seal and the specification is silent as to there being a seal. Regarding the opening, the only brow pocket opening in the figures is 302; however, it is not clear if opening 302 is the opening of claim 1 or the opening of claim 10.
The opening (claim 10). The figures only have support for one opening 302; however, the opening of claim 10 is a second opening to the one recited in claim 1.
“at least one of a massage system, an aromatherapy diffuser, a therapy LED, or a compression attachment” (claim 13), and specifically the recitation “at least one of.” In the specification, the “massage system, an aromatherapy diffuser, a therapy LED, or a compression attachment” are listed as alternatives. Paras. 0006, 0034, 0038, 0043 all disclose “a therapeutic attachment such as a massage system, an aromatherapy diffuser, a therapy LED, or a compression attachment.” The word “or” in the specification limits the therapeutic attachment to being one of the listed attachments. However, claim 13 recites “at least one of” which is a recitation of one of the listed attachments or a combination of the listed attachments, which is not supported by the disclosure. This objection may be overcome by canceling “at least” from claim 13.
A second hat (claim 19). The specification has support for a system comprising a single hat 200.
The seal, opening, and upper surface of the sweatband (claim 19). Regarding the seal, para. 0037 discloses the opening “can be open or sealable” but it is not clear that there is a seal structure. Furthermore, the figures do not show a seal and the specification is silent as to there being a seal.
Claim Objections
Claim 1 is objected to because of the following informalities: replace “crow” with ---crown—for proper antecedent basis. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: abbreviations including “LED” should be spelled out. Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 6-17, and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The new matter is “a fastener on an external surface of the cap, wherein the fastener is at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” (claim 1). The figures do not support a “fastener on an external surface of the cap” of any kind, let alone “at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape.” There does not appear to be anything, including a fastener, on the external surface of cap 100. The specification only mentions one fastener once, in para. 0035, and it is a buckle or hook and loop fastener for adjusting the cap. It is not clear if this fastener corresponds to the claim 1 fastener, but even if it does, neither the disclosed fastener nor the claimed fastener is shown in the figures.
The new matter is the seal, opening, and upper surface of the sweatband (claims 1 and 19). Regarding the seal, para. 0037 discloses the opening “can be open or sealable” but it is not clear that there is a seal structure. Furthermore, the figures do not show a seal and the specification is silent as to there being a seal. Regarding the opening, the only brow pocket opening in the figures is 302; however, it is not clear if opening 302 is the opening of claim 1 or the opening of claim 10.
The new matter is a second hat (claim 19). The disclosure has support for a system comprising a single hat 200.
Claims that depend from a rejected claim are also rejected under 112(a).
Claim Rejections - 35 USC § 112(b)
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 10 and 19 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 10 is rendered indefinite by the recitation “an opening,” because claim 10 depends from claim 1 which also recites “an opening.” It is not clear if the opening of claim 10 is the same as or in addition to the opening of claim 1.
Claim 19 is indefinite for the recitation “wherein the crown portion is configured to receive an attachment by at least one of the following: hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” because it is not clear if the claimed fasteners are functional or structural recitations. For the purpose of examination, the “hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape” are being treated as functional recitations, because the recitation “configured to” renders the recitation functional as best understood.
The claims are examined as best understood.
Claim Rejections - 35 USC § 103
Claim(s) 1-3, 8-12, and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rice (US 5493735 A) in view of Proctor (US 20160203663 A1), Goldener (US 20160174645 A1), and Blair (US 2897511 A).
As to claim 1, Rice discloses a head covering (“Cap with hair piece attachments,” title) comprising:
a cap (protective head covering or cap 13);
a sweatband attached to the cap (conventional cushion ring or sweat band 61);
a hair piece configured to be attached to the sweatband by at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape (one or more hair accessory pieces 35, 37, 39, 41, capable of being attached via the listed fasteners, and intended to be attached via hook and loop 47/49);
a crown portion forming an interior, upper portion of the cap (the interior upper portion of 13); and
a brow pocket formed by the sweatband (61 is attached to the cap only at its lower edge, thus the interior of the sweatband, as seen in FIG 6, forms a brow pocket as claimed; col 4 line 4-9).
Rice does not disclose wherein the cap comprises a fastener on an external surface of the cap, wherein the fastener is at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape.
Proctor teaches a similar cap (FIG 3, headwear 71) including a fastener on an external surface of the cap, wherein the fastener is at least one of clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape (para. 0051 discloses an RFID tag 72 is attached to the exterior surface of the cap by being “sewn on, inserted into a pocket or sleeve, pinned on, buttoned on, adhered on, snapped on, attached with hook and loop material, woven into the fabric, or included with or coupled to the headwear system any other similar carrying means,” and these fasteners read on a number of the claimed fasteners).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the cap of Rice with the fastener taught by Proctor, in order to provide a means for attaching an accessory such as an RFID tag to the headwear.
Rice does not disclose wherein the crown portion comprises means to receive an attachment, where the means are at least one of hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape.
Goldener teaches a similar crown portion (39) including means to receive an attachment (40), where the means are at least one of hook and loop fabric (para. 0045), zippers, buttons, snaps, cords, riveted cord, or cloth tape.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the crown portion of Rice with the means to receive an attachment as taught by Goldener, in order to enable hair to be attached within the cap proximate the rear opening (para. 0045), in order to achieve the desired aesthetics.
Rice does not disclose wherein the brow pocket comprises a seal at an opening along an upper surface of the sweatband.
Blair teaches a similar brow pocket (FIG 5) including a seal at an opening along an upper surface of the sweatband (15).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the opening along the upper surface of the Rice sweatband with a seal as taught by Blair, in order to enclose objects within the sweatband such as hair pieces, or to close the sweatband when not in use to prevent debris from entering the brow pocket.
As to claim 2, Rice as modified discloses the head covering of claim 1, wherein the cap is a hat (Rice FIG 1).
As to claim 3, Rice as modified discloses the head covering of claim 2, wherein the hat comprises an opening therethrough sized to receive a charm (Rice 27 is capable of receiving a charm).
As to claim 8, Rice as modified discloses the head covering of claim 1, wherein the brow pocket is shaped to receive a sensor (Rice’s brow pocket is capable of receiving a sensor).
As to claim 9, Rice as modified discloses the head covering of claim 8, wherein the sensor is at least one of a temperature sensor, a blood oxygen sensor, a pulse sensor, a touch sensor, or a location sensor (Rice’s brow pocket is capable of receiving a sensor such as one of the claimed sensors; Applicant is reminded that the sensor is a functional recitation and is not a structural requirement of the claim).
As to claim 10, Rice as modified discloses the head covering of claim 8, wherein the brow pocket has an opening constructed to allow contact between the sensor and a user's skin (as best understood, the opening at the upper edge of the brow pocket is capable of allowing contact between a sensor and a user’s skin; Applicant is reminded that the sensor is a functional recitation and is not a structural requirement of the claim).
As to claim 11, Rice does not disclose the head covering of claim 8, further comprising the sensor, wherein the sensor is configured to communicate with a secondary device to report health data.
Proctor discloses headwear 100 in the form of a hat or cap (see Fig. 4). The headwear 100 comprises a sweatband 124, as shown in Fig. 5 (see para. [0084]). Proctor discloses that a sensor is located "along the sweatband 124", near the temple of the wearer, for taking an accurate measurement of the wearer's pulse [0084]. One of skill in the art would recognize that such a sensor would be advantageous for measuring parameters of the wearer of the hat of Rice, especially since Rice teaches that the hat may be worn by someone who is ill and/or is undergoing chemotherapy (see Rice col. 1, lines 32-38). Proctor discloses the sensor is configured to communicate with a secondary device to report health data, as in claim 11 (see paras. [0084-0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the head covering of Rice with a sensor in the brow pocket of the sweatband, in order to take a measurement of the wearer's pulse as taught by Proctor.
As to claim 12, Rice as modified discloses the head covering of claim 1, wherein the brow pocket is shaped to receive a therapeutic attachment (capable of receiving a therapeutic attachment).
As to claim 14, Rice as modified discloses the head covering of claim 1, wherein the brow pocket comprises two or more pockets (this is the result of the modification presented in the rejection of claim 1 above, where Rice’s brow pocket is provided with Blair’s seals, and Blair’s spaced seals separate the brow pocket into plural pockets).
As to claim 15, Rice as modified discloses the head covering of claim 1, further comprising the hair piece (Rice one or more hair accessory pieces 35, 37, 39, 41), wherein the hair piece is removably attached to the cap (capable of being removed and attached, such as by detaching and attaching the Rice hook and loop 47/49).
As to claim 16, Rice as modified discloses the head covering of claim 1, further comprising the hair piece (Rice one or more hair accessory pieces 35, 37, 39, 41), wherein the hair piece is permanently attached to the cap (the Rice hair pieces attach via hook and loop 47/49, which will remain attached unless acted on by an outside force).
As to claim 17, Rice as modified discloses the head covering of claim 1, further comprising the hair piece (Rice one or more hair accessory pieces 35, 37, 39, 41), wherein the hair piece comprises two or more hair pieces (Rice two or more of 35, 37, 39, 41), each of the two or more hair pieces constructed to attach to the sweatband separately from the other (capable of separately attaching and intended to separately attach, as shown in Rice FIG 3).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rice (US 5493735 A) in view of Proctor (US 20160203663 A1), Goldener (US 20160174645 A1), and Blair (US 2897511 A) as applied to claim 1 above, and further in view of Cho (US 8166772 B2).
As to claim 6, Rice does not disclose the head covering of claim 1, further comprising a temperature control attachment shaped to fit into the crown portion of the cap.
Cho teaches a similar crown portion (130) including a temperature control attachment (cooling pack 110) shaped to fit into the crown portion of the cap (col 4 line 5-10).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the head covering of Rice with a temperature control attachment as taught by Cho, in order to provide selective cooling.
As to claim 7, Rice does not disclose the head covering of claim 1, further comprising a temperature control attachment shaped to fit into the brow pocket of the sweatband.
Cho teaches a similar brow pocket of the sweatband (sweatband 170 and the pocket it forms with the crown 130) including a temperature control attachment (cooling pack 110) shaped to fit into the brow pocket of the sweatband (col 4 line 1-5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the head covering of Rice with a temperature control attachment as taught by Cho, in order to provide selective cooling.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rice (US 5493735 A) in view of Proctor (US 20160203663 A1), Goldener (US 20160174645 A1), and Blair (US 2897511 A) as applied to claim 12 above, and further in view of Honma (WO 2006/028032).
As to claim 13, Rice does not disclose the head covering of claim 12, further comprising the therapeutic attachment, wherein the therapeutic attachment is at least one of a massage system, an aromatherapy diffuser, a therapy LED, or a compression attachment.
Honma teaches the therapeutic attachment (fin 11), wherein the therapeutic attachment is at least one of a massage system, an aromatherapy diffuser, a therapy LED, or a compression attachment (the radiating fin provides a massage effect [0027, 0162], thus forming a "massage system" as claimed).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the head covering of Rice with the massage system taught by Honma, for the purpose of providing a massage effect.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rice (US 5493735 A) in view of Proctor (US 5771493 A); hereinafter, “Proctor 2,” and Blair (US 2897511 A).
As to claim 19, Rice discloses a head covering system (“Cap with hair piece attachments,” title) comprising:
a cap (13),
a sweatband attached to the cap (conventional cushion ring or sweat band 61),
a hair piece configured to be attached to the sweatband by at least one of the following: clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord or cloth tape (one or more hair accessory pieces 35, 37, 39, 41, capable of being attached via the listed fasteners, and intended to be attached via hook and loop 47/49),
a crown portion forming an interior, upper portion of the cap (the interior upper portion of 13), wherein the crown portion is configured to receive an attachment by at least one of the following: hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape (capable of receiving an attachment by one of the claimed fasteners, such as by using one of the claimed fasteners to attach an attachment on the crown portion), and
a brow pocket formed by the sweatband (61 is attached to the cap only at its lower edge, thus the interior of the sweatband, as seen in FIG 6, forms a brow pocket as claimed; col 4 line 4-9).
Rice does not disclose a first hat and a second hat; wherein the cap is configured to be attached to the first hat and second hat by at least one of the following: clips, hook and loop fabric, zippers, buttons, snaps, cords, riveted cord, or cloth tape.
Proctor 2 teaches a similar head covering system including multiple hats (two of 16, 130, 204, 250, 270, 320, or 380) and a cap (34) that is configured to be attached to the hats via snaps 64/66 or hook and loop (col 6 line 59-64, “hook and loop” and “hook and pile” are synonymous).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the cap of Rice with two hats as taught by Proctor 2, and to further provide an attachment means such as hook and loop or snaps, in order to accessorize the cap (Proctor 2 col 6 line 20-25) to achieve the desired aesthetics.
Rice does not disclose wherein the brow pocket comprises a seal at an opening along an upper surface of the sweatband.
Blair teaches a similar brow pocket (FIG 5) including a seal at an opening along an upper surface of the sweatband (15).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the opening along the upper surface of the Rice sweatband with a seal as taught by Blair, in order to enclose objects within the sweatband such as hair pieces, or to close the sweatband when not in use to prevent debris from entering the brow pocket.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLINTON T OSTRUP whose telephone number is (571)272-5559. The examiner can normally be reached M-F 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Lefkowitz can be reached at 571-272-2180. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLINTON T OSTRUP/Supervisory Patent Examiner, Art Unit 3732