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 .
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
The amendments filed with the written response received on November 21, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1 and 12 have been amended. Accordingly, claims 1-20 are pending in this application, with an action on the merits to follow.
Because of the Applicant’s amendment, the following in the office action mailed July 30, 2025, are hereby withdrawn:
Previous objection to the drawings.
Response to Arguments
Applicant's arguments filed November 21, 2025 have been fully considered but
they are not persuasive.
Applicant’s arguments, on Page 7, filed November 21, 2025 are drawn to the amended claim language that recites that Malcolm fails to disclose a cage forming a plurality of walls defining an internal volume and a cage opening on only one side, such that the plurality of walls surround the end of the elastic band and the elastic band extends through the cage opening. Thus, Malcolm's holding clip does not define a cage opening on only one side, such that a plurality of walls of the cage surround the end of the elastic band. Furthermore, the Applicant argues that there are no openings formed in Malcolm's side walls 21 themselves or holes formed in Malcolm's head strap 17.
The Examiner respectfully disagrees that Malcolm fails to disclose a cage forming a plurality of walls defining an internal volume and a cage opening on only one side, such that the plurality of walls surround the end of the elastic band and the elastic band extends through the cage opening. Thus, Malcolm's holding clip does not define a cage opening on only one side, such that a plurality of walls of the cage surround the end of the elastic band. See illustration below teaching wherein the cage comprises sheet metal forming a plurality of walls defining an internal volume and a cage opening on only one side.
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These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
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 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.
(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 1-8, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent No. US 1,829,010 to R. MALCOM (herein after "Malcom").
As to Claim 1, Malcom discloses a goggle strap (Fig. 1 ~ illustrates a general arrangement of eyewear being a pair of goggles.), comprising: an elastic band (Fig. 1 ~ eyewear comprises a headband equivalent to an elastic band (17).); a cage clamped onto an end of the elastic band ( Fig. 1 and pg. 1, lines 87 - 93 ~ wherein a cage 16 is fastened (clamped) onto an end of the elastic band 17.), wherein the cage (cage 16) comprises sheet metal forming a plurality of walls defining an internal volume (pg. 1, lines 75 - 86 ~ regarding cage 16 being fabricated from sheet metal and forming a plurality of walls 21) and a cage opening on only one side (Figs.1 and 6 ~ wherein the cage 16 is defined as having an internal volume and an opening only on one side), such that the plurality of walls surround the end of the elastic band and the elastic band extends through the cage opening (Figs.1 and 6 and pg. 1, lines 75 - 86 ~ wherein the cage having the plurality of walls 21 surrounds the end of the elastic band 17 and the elastic band 17 extends through the cage opening.); a hole in the elastic band aligned with respective openings in each of a pair of the walls of the cage (Figs. 3 - 4 and pg. 1, lines 87 - 93 ~ elastic band 17 are aligned with respective openings (hole) in pair of walls 21 of cage 16.), such that the hole and the openings are in register with each other (Figs. 3 - 4 ); and a fastener inserted through the hole in the elastic band and through the openings in the pair of cage walls (Fig. 1 and pg. 1, line 93 – pg. 2, line 7; Fig. 7 ~ securing (fastening) the end of the elastic band (17) to a goggle by inserting the cage (16) ~ see Figs. 3 - 4 -- into a receptacle (14) of the goggle.).
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As to Claim 2, Malcom discloses the goggle strap of claim 1, wherein the sheet metal (pg. 1, lines 75 - 86 ~ regarding cage 16 being fabricated from sheet metal and forming a plurality of walls 21) further comprises a plurality of tabs forming protrusions extending into the internal volume (Fig. 5 ~ illustrates a plurality of tabs 19 of the sheet metal to form protrusions 19 that extend into the internal opening and pg. 1, lines 87 - 93, wherein the protrusions are configured such that clamping the cage 16 onto the end of the elastic band 17 causes the protrusions 19 to contact the elastic band 17 and aid in retaining the end of the elastic band 17 within the cage 16. See Figs. 3 – 4.), such that the protrusions contact the elastic band and aid in retaining the end of the elastic band within the cage (Malcom further discloses comprising bending a plurality of tabs (19; Fig. 5) of the sheet metal to form protrusions (19; Fig. 6) configured to extend into the internal opening, such that clamping the cage (16) onto the end of the elastic band (17) causes the protrusions (19) to contact (pg. 1, lines 87-93; Figs. 3-4) the elastic band and aid in retaining the end of the elastic band (17) within the cage (16)).
As to Claim 3, Malcom discloses the goggle strap of claim 2, wherein the protrusions extend orthogonally from one or more of the walls of the cage (Fig. 6 ~ protrusions 19 extend orthogonally from a plurality of the walls 21 of the cage 16.)(Fig.1).
As to Claim 4, Malcom discloses the goggle strap of claim 1, wherein the cage comprises a first piece of the sheet metal (pg. 1, lines 65 - 74, ~ wherein the cage 16 comprises a first piece of the sheet metal.) and a second piece of the sheet metal (pg. 1, lines 65 - 74 ~ wherein a second piece of the sheet metal separated by score line.).
As to Claim 5, Malcom discloses the goggle strap of claim 4, wherein the first piece of sheet metal is disposed on one side of the elastic band (pg. 1, lines 65 - 74 ~ wherein a second piece of the sheet metal separated by score line.), the second piece of sheet metal is disposed on an opposing side of the elastic band (disposing the second piece of sheet metal on an opposing side of the elastic band (17)) and a tab portion of the second piece of sheet metal is folded over an edge of the elastic band toward the first piece of sheet metal (folding (pg. 1, lines 75-86) a tab portion (19) of the second piece of sheet metal over an edge of the elastic band (17) toward the first piece of sheet metal.).
As to Claim 6, Malcom discloses a goggle (Fig. 1), comprising: a goggle frame (Fig. 1 ~ eyewear configured as a pair of goggles has as its frame, frame 13); and the goggle strap (Fig. 1) of claim 1, wherein the elastic band is securely received in a receptacle of the goggle frame (Malcom discloses securing the end of the elastic band (17) to a goggle by inserting (pg. 1, line 93 – pg. 2, line 7; Fig. 7) the cage (16) into a receptacle (14) of the goggle).
As to Claim 7, Malcom discloses the goggle (Fig. 1) of claim 6, wherein the receptacle is disposed in an outrigger of the goggle (Malcom discloses wherein the receptacle (14) of the goggle is disposed in an outrigger (12, 13; pg. 1, lines 50-53; Figs. 1-2) of the goggle).
As to Claim 8, Malcom discloses the goggle of claim 6, wherein the sheet metal of the cage has a higher modulus of elasticity than a material of the goggle frame (Malcom discloses the sheet metal of the cage (16) having a higher modulus of elasticity a material (12) of the outrigger (12, 13)).
As to Claim 11, Malcom discloses the goggle strap of claim 1, wherein the elastic band is a flat elastic band configured to wrap at least partially around a head of a user (Malcom discloses the elastic band (17) is a flat elastic band (pg. 1, lines 59-61; Fig. 3) configured to secure the goggle when in use by wrapping around a head of a user).
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 9-10 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 1,829,010 to R. MALCOM (herein after "Malcom") in view of United States Patent No. US 6,341,383 B1 to Giovanni Battista Beltrani, (herein after " Beltrani").
As to Claim 9, Malcom discloses the goggle of claim 6, wherein the receptacle is a blind hole (Malcom as previously described in detail discloses all of the claimed subject matter except wherein the receptacle is a blind hole.
Beltrani teaches adjustable back strap for diving and swimming equipment including goggles (Col. 1 and Lines 5-9; Beltrani) and discloses a blind hole (Figs. 10 - 12, teaches a receptacle (female coupling member 11) configured as having a blind hole, specifically a hole that is drilled or machined into a part but does not pass all the way through it.)
Therefore, based on Beltrani’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Malcom’s the receptacle to including a blind hole, as doing so would provide a design choice for the wearer.
As to Claim 10, Malcom discloses the goggle of claim 6, but fails to disclose wherein a male detent feature of the cage is mated with a corresponding female feature of the receptacle to retain the cage in the receptacle.
Beltrani teaches adjustable back strap for diving and swimming equipment including goggles (Col. 1 and Lines 5-9; Beltrani) and discloses wherein a male detent feature of the cage is mated with a corresponding female feature of the receptacle to retain the cage in the receptacle (Figs. 10 - 12, male detent (springing wing 44) corresponds (mates) through a hole 46 of a female coupling member 11).
Therefore, based on Beltrani’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Malcom’s the cage to including wherein a male detent feature of the cage is mated with a corresponding female feature of the receptacle to retain the cage in the receptacle, as doing so would provide a design choice for the wearer. () wrap at least partially around a head of a user (Malcom discloses the elastic band (17) is a flat elastic band (pg. 1, lines 59-61; Fig. 3) configured to secure the goggle when in use by wrapping around a head of a user.)
Claims 12-20 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 6,341,383 B1 to Giovanni Battista Beltrani, (herein after " Beltrani") in view of United States Patent No. US 1,829,010 to R. MALCOM (herein after "Malcom").
As to Claim 12, Beltrani discloses a goggle (Col. 6, Lines 59 - 67 through Col. 7 line 1 - 4 ~ discloses equipment in the form of a pair of goggles equipped with an elastic band 17 according to Figs. 10 - 12), comprising: a cage clamped onto an end of an elastic band (Figs. 10 - 12 illustrate a cage (male coupling member12) being clamped onto an elastic band 1a), such that the plurality of walls surround the end of the elastic band and the elastic band extends through the cage opening (Figs. 10 - 12~ wherein the cage 12 having the plurality of walls 21 surrounds the end of the elastic band (Strap 1 having end 1a/1b) and the elastic band (Strap 1 having end 1a/1b) extends through the cage opening.); and a goggle having a receptacle (Cols. 6-7 and Lines 60-67 and 1-4 respectively ~the frame carrying transparent lenses of the goggles representing a receptacle (11).), wherein the end of the elastic band is secured in the receptacle and a male detent feature of the cage is mated with a corresponding female feature of the receptacle to retain the cage in the receptacle (Figs. 10 - 12, male detent (springing wing 44) corresponds (mates) through a hole 46 of a female coupling member 11) but Beltrani, fails to disclose wherein the cage comprises sheet metal forming a plurality of walls defining an internal volume and a cage opening on only one side.
Malcom teaches goggle headband fastening means and discloses wherein the cage (cage 16) comprises sheet metal forming a plurality of walls defining an internal volume (pg. 1, lines 75 - 86 ~ regarding cage 16 being fabricated from sheet metal and forming a plurality of walls 21 (internal volume – specifically the space and/or void within the enclosure of the geometric of the structure being the cage) and a cage (cage 16) opening on only one side (Figs.1 and 6 ~ wherein the cage 16 is defined as having an internal volume and an opening only on one).
Therefore, based on Malcom’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Beltrani’s goggles to include wherein the cage comprises sheet metal forming a plurality of walls defining an internal volume and a cage opening on only one side, as doing so would provide means for the straps to be firmly secured together for the wearer. Thereby providing improved attachments for the wearer.
As to Claim 13, Beltrani/Malcom disclose the goggle of claim 12, but fails to disclose further comprising a plurality of tabs of the sheet metal bent to form protrusions configured to extend into the internal volume, such that the protrusions contact the elastic band and aid in retaining the end of the elastic band within the cage.
Malcom teaches goggle headband fastening means and discloses further comprising a plurality of tabs of the sheet metal bent to form protrusions configured to extend into the internal volume (Fig. 5 ~ illustrates a plurality of tabs 19 of the sheet metal to form protrusions 19 that extend into the internal opening and pg. 1, lines 87 - 93, wherein the protrusions are configured such that clamping the cage 16 onto the end of the elastic band 17 causes the protrusions 19 to contact the elastic band 17 and aid in retaining the end of the elastic band 17 within the cage 16. See Figs. 3 – 4), such that the protrusions contact the elastic band and aid in retaining the end of the elastic band within the cage (Malcom further discloses comprising bending a plurality of tabs (19; Fig. 5) of the sheet metal to form protrusions (19; Fig. 6) configured to extend into the internal opening, such that clamping the cage (16) onto the end of the elastic band (17) causes the protrusions (19) to contact (pg. 1, lines 87-93; Figs. 3-4) the elastic band and aid in retaining the end of the elastic band (17) within the cage (16)).
Therefore, based on Malcom’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Beltrani’s goggles to including further comprising a plurality of tabs of the sheet metal bent to form protrusions configured to extend into the internal volume, such that the protrusions contact the elastic band and aid in retaining the end of the elastic band within the cage, as doing so would provide means for the straps to be firmly secured together for the wearer. Thereby providing improved attachments for the wearer.
As to Claim 14, Beltrani/Malcom disclose the goggle of claim 13, wherein the protrusions extend orthogonally from one or more of the walls of the cage (Fig. 6 ~ protrusions 19 extend orthogonally from a plurality of the walls 21 of the cage 16).
As to Claim 15, Beltrani/Malcom disclose the goggle of claim 12, wherein the cage (Fig. 1 ~ cage 16; Beltrani) but fails to disclose comprising a first piece of the sheet metal and a second piece of the sheet metal, the first piece of sheet metal is disposed on one side of the elastic band, the second piece of sheet metal is disposed on an opposing side of the elastic band, and a tab portion of the second piece of sheet metal is folded over an edge of the elastic band toward the first piece of sheet metal.
Malcom teaches goggle headband fastening means and discloses comprising a first piece of the sheet metal (pg. 1, lines 65 - 74, ~ wherein the cage 16 comprises a first piece of the sheet metal), and a second piece of the sheet metal (pg. 1, lines 65 - 74 ~ wherein a second piece of the sheet metal separated by score line), the first piece of sheet metal is disposed on one side of the elastic band (pg. 1, lines 65 - 74, ~ wherein the cage 16 comprises a first piece of the sheet metal), the second piece of sheet metal is disposed on an opposing side of the elastic band (pg. 1, lines 65 - 74 ~ wherein a second piece of the sheet metal separated by score line, and disposing the second piece of sheet metal on an opposing side of the elastic band (17)), and a tab portion of the second piece of sheet metal is folded over an edge of the elastic band toward the first piece of sheet metal (pg. 1, lines 75-86 ~ folding a tab portion (19) of the second piece of sheet metal over an edge of the elastic band (17) toward the first piece of sheet metal).
Therefore, based on Malcom’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Beltrani’s cage to including comprising a first piece of the sheet metal and a second piece of the sheet metal, the first piece of sheet metal is disposed on one side of the elastic band, the second piece of sheet metal is disposed on an opposing side of the elastic band, and a tab portion of the second piece of sheet metal is folded over an edge of the elastic band toward the first piece of sheet metal, as doing so would provide means for the straps to be firmly secured together for the wearer. Thereby providing improved attachments for the wearer.
As to Claim 16, Beltrani/Malcom disclose the goggle of claim 12, but fails to disclose further comprising: a hole in the elastic band aligned with respective openings in each of a pair of the walls of the cage, such that the hole and the openings are in register with each other; and a fastener inserted through the hole in the elastic band and through the openings in the pair of cage walls.
Malcom teaches goggle headband fastening means and discloses further comprising: a hole in the elastic band aligned with respective openings in each of a pair of the walls of the cage (Figs. 3 - 4 and pg. 1, lines 87 - 93 ~ elastic band 17 are aligned with respective openings (hole) in pair of walls 21 of cage 16), such that the hole and the openings are in register with each other (Figs. 3 - 4); and a fastener inserted through the hole in the elastic band and through the openings in the pair of cage walls (Fig. 1 and pg. 1, line 93 – pg. 2, line 7; Fig. 7 ~ securing (fastening) the end of the elastic band (17) to a goggle by inserting the cage (16) ~ see Figs. 3 - 4 -- into a receptacle (14) of the goggle.).
Therefore, based on Malcom’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Beltrani’s goggles to including further comprising: a hole in the elastic band aligned with respective openings in each of a pair of the walls of the cage, such that the hole and the openings are in register with each other; and a fastener inserted through the hole in the elastic band and through the openings in the pair of cage walls, as doing so would provide means for the straps to be firmly secured together for the wearer. Thereby providing improved attachments for the wearer.
As to Claim 17, Beltrani/Malcom disclose the goggle of claim 12, but fails to disclose wherein the receptacle of the goggle is disposed in an outrigger of the goggle.
Malcom teaches goggle headband fastening means and discloses wherein the receptacle of the goggle is disposed in an outrigger of the goggle (Fig. 1 and pg. 1, line 93 – pg. 2, line 7; Fig. 7 ~ securing (fastening) the end of the elastic band (17) to a goggle by inserting the cage (16) ~ see Figs. 3 - 4 -- into a receptacle (14) of the goggle.).
Therefore, based on Malcom’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Beltrani’s goggles to including wherein the receptacle of the goggle is disposed in an outrigger of the goggle, as doing so would provide a design choice for the wearer.
As to Claim 18, Beltrani/Malcom disclose the goggle of claim 17, wherein the sheet metal of the cage has a higher modulus of elasticity than a material of the outrigger (Malcom discloses the sheet metal of the cage (16) having a higher modulus of elasticity a material (12) of the outrigger (12, 13)).
As to Claim 19, Beltrani/Malcom disclose the goggle of claim 12, wherein the receptacle (Cols. 6-7 and Lines 60-67 and 1-4 respectively ~the frame carrying transparent lenses of the goggles representing a receptacle (11)), is a blind hole (Figs. 10 - 12, teaches a receptacle (female coupling member 11) configured as having a blind hole, specifically a hole that is drilled or machined into a part but does not pass all the way through it).
As to Claim 20, Beltrani/Malcom disclose the goggle of claim 12, but does not disclose wherein the elastic band is a flat elastic band configured to secure the goggle when in use by wrapping around a head of a user.
Malcom teaches goggle headband fastening means and discloses wherein the elastic band is a flat elastic band configured to secure the goggle when in use by wrapping around a head of a user (Malcom discloses the elastic band (17) is a flat elastic band (pg. 1, lines 59-61; Fig. 3) configured to secure the goggle when in use by wrapping around a head of a user).
Therefore, based on Malcom’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Beltrani’s cage to including wherein the elastic band is a flat elastic band configured to secure the goggle when in use by wrapping around a head of a user, as doing so would provide means for the straps to be firmly secured together for the wearer. Thereby providing improved attachments for the wearer.
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 AKWOKWO OLABISI REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday7:00 AM to 4:00pm EST.
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/AKWOKWO OLABISI REDHEAD/ Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732