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 .
Election/Restrictions
Applicant's election with traverse of Species C Figs. 12-14 in the reply filed on 09/18/2025 is acknowledged. The traversal is on the ground(s) that “both Species A Figs. 3-5 and Figs. 9-11 and Species C Figs. 12-14 are not patentably distinct species” (see the reply of 09/18/2025, p. 2). The traversal is fully considered and is persuasive in that the system of Figs. 3-5 and Figs. 9-11 and the system of Figs. 9-11 are deemed to be the same species.
Upon further review of the present application, the pending claims, and Applicant’s remarks in the Response to Election/Restriction Requirement (see p. 2 line 14 through the final line of p. 3 of the reply of 09/18/2025), the following species are identified for clarity of the record:
Species B: Figs. 6-8
Species C: Figs. 3-5, Figs. 9-11, and Figs. 12-14
Accordingly, Applicant’s election of Species C; Figs. 3-5, Figs. 9-11, and Figs. 12-14 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
Applicant identifies claims 1-7 as reading on the elected species (see p. 2 lines 15-16 and p. 3 lines 18-20 of the reply of 09/18/2025).
However, claims 5-6 are withdrawn by the Examiner from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 09/18/2025. It is noted that claim 5 recites “a track” which is a feature of nonelected Species B: Figs. 6-8 (see specification p. 12 line 8 – p. 13 line 6; see track 633 and 733 in Figs. 6-8).
Accordingly,
Claims 1-7 are presented.
Claims 5-6 are withdrawn.
The present office action treats claims 1-4 and 7 on the merits.
The present office action is a non-final rejection.
Response to Amendment
Applicant’s amendment of 02/24/2025 is acknowledged.
An Abstract is provided in the amendment.
This amendment is acceptable and is entered.
Drawings
The drawings are objected to because Figs. 13-14 have reference characters that are not oriented in the same direction as the view. MPEP 608 states in relevant part and in referencing 37 CFR 1.84:
...Reference characters (numerals are preferred), sheet numbers, and view numbers must be plain and legible, and must not be used in association with brackets or inverted commas, or enclosed within outlines, e.g., encircled. They must be oriented in the same direction as the view so as to avoid having to rotate the sheet.
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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Wantky, GB 403,568] in view of [Candotti, US 6,961,980].
Regarding claim 1:
Wantky discloses (Figs. 1-4):
A system (the system depicted in Figs. 1-4) comprising:
a garment (the garment depicted in Figs. 1-4) including a body section (see annotated Fig. 4 – a below) for substantially covering the torso of a user wearing the garment (Fig. 4), two arms (see annotated Fig. 4 – a below) extending from the body section of the garment, and a hood (1) for optionally (Figs. 3 and 4) covering a head of the user, wherein an upper edge of the body section (see annotated Fig. 4 – a below) of the garment and a border (7) of the hood define an opening for the wearer's face (see annotated Fig. 4 – a below) when the hood is worn over the user's head, wherein the hood comprises a hood-securing element (6’), the hood-securing element affixed to the hood on an inside of the hood (“inner side”; p. 1 line 92; Figs. 1 and 4) proximate to a top of the hood (see annotated Fig. 4 – a below) to securely fasten the hood to a hat worn by the user and secure the hood in a front-to-back position and a side-to-side position on the head of the user while the user participates in activities (herein the limitation is met insofar as hood-securing element 6’ is configured to cooperate with a fastening element of a hat in the same manner that it is configured to cooperate with fastening element 6 of the garment; it is noted that the hat is not structurally claimed as a component of the system of claim 1).
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Although Wantky discloses the hood-securing element 6’ affixed to the hood on an inside of the hood proximate to a top of the hood, Wantky does not expressly disclose the hood-securing element has a first side and a second side opposite the first side; the hood-securing element having an aperture in the first side defining an opening to a cavity; wherein a circumference of the aperture is greater than the circumference of a hat button of a hat, the cavity defining a volume for engaging the hat button of the hat such that the cavity substantially encloses the hat button of the hat when the hood-securing element is installed on the hat.
However, in further view of Wantky:
Wantky teaches the hood-securing element 6’ is an “upper part” of “a press button fastening” which is configured to couple with a “lower part” 6 of the press button fastening of the garment (p. 1 lines 92-97). One of ordinary skill would recognize that press button fastening of garments can be achieved by inserting a button of one fastening element into an aperture and cavity of another fastening element. One of ordinary skill would further recognize that such a press button fastening arrangement could be achieved by providing the hood-securing element 6’ with a first side and a second side opposite the first side; the hood-securing element having an aperture in the first side defining an opening to a cavity; the cavity defining a volume for engaging a button of the cooperating part 6. It is noted that one of ordinary skill would also recognize that hood-securing element 6’ could be provided with a button and its cooperating part 6 could be provided with an aperture and cavity. However, one of ordinary skill would recognize that the press button fastening described and shown by Wantky could be achieved by button-cavity engagement of 6 and 6’ regardless of which element, 6 or 6’ has the button and which has the cavity. Accordingly, although Wankty does not show or describe the hood-securing element 6’ in detail, one of ordinary skill would recognize Wanky at least suggests providing the hood-securing element with a first side and a second side opposite the first side; the hood-securing element having an aperture in the first side defining an opening to a cavity; the cavity defining a volume for engaging a button of the cooperating part 6 as a structure that would achieve Wantky’s press button fastening capability and structure as described on p. 1 lines 91-97.
Nevertheless, Candotti teaches (Figs. 6-9) a press button fastening system (“Press-stud”; title; Abstract) appropriate for garments (col. 1 line 8) wherein a securing element (119) has a first side (see annotated Figs. 6-9 – a below) and a second side (see annotated Figs. 6-9 – a below) opposite the first side; the securing element having an aperture (see annotated Figs. 6-9 – a below) in the first side defining an opening to a cavity (see annotated Figs. 6-9 – a below); wherein a circumference of the aperture (see annotated Figs. 6-9 – a below) is greater (as in annotated Figs. 6-9 – a below) than the circumference of a button (i.e. the circumference of 115; see annotated Figs. 6-9 – a below) of an opposing securing element (111), the cavity defining a volume for engaging the button (115) such that the cavity substantially encloses the button (Fig. 8) when the securing element 119 is coupled with the opposing securing element 111 and its button 115 (Fig. 8).
Candotti further teaches the press button fastening system are appropriate for holding together the two parts with which the elements are respectively associated (col. 1 lines 39-43).
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It 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 to have modified the system of Wantky such that its hood-securing element 6’ is the securing element 119 of Candotti and such that its cooperating part 6 is the opposing securing element 111 of Candotti in order to render the system operable for the purpose of securing the hood (i.e. the hood of Wantky) to the body section (i.e. the body secton of Wantky) via the cooperating parts of the modified system, as taught by Candotti (col. 1 lines 39-43). Such modification is nothing more than using the known structure of Candotti to achieve the purpose of press button fastening disclosed by Wantky.
In adopting the modification, one would arrive at the hood-securing element has a first side and a second side opposite the first side; the hood-securing element having an aperture in the first side defining an opening to a cavity; wherein a circumference of the aperture is greater than the circumference of a hat button of a hat, the cavity defining a volume for engaging the hat button of the hat such that the cavity substantially encloses the hat button of the hat when the hood-securing element is installed on the hat as claimed insofar as the hood-securing element of the modified system would have such structure wherein its circumference would be greater than the circumference of a hat button as claimed, the volume would be configured to engage the hat button as claimed. It is noted that the hat button and hat are not structurally claimed as part of the claimed system. What is claimed is a system that is capable of being installed on/with a hat and hat button as claimed (emphasis provided by Examiner). The modified system’s hood-securing element (i.e. element 119 of Candotti provided on the hood of Wantky as set forth in the modification above) is configured to receive an element/button 111/115 of any number of supplementary structures attached to such a button, for example an element/button 111/115 that would be attached to a hat.
Regarding claim 2:
Wantky in view of Candotti teach The system of Claim 1, as set forth above.
The modified Wantky further meets the limitation further comprising at least one retention element (122 of Candotti) extending from an edge of the aperture towards a center of the aperture (Fig. 7), the at least one retention element for engaging the hood-securing element with the hat button of the hat (col. 6 lines 30-31).
(It is noted that the hat button and hat are not structurally claimed as part of the claimed system. What is claimed is a system that is capable of being installed on/with a hat and hat button as claimed (emphasis provided by Examiner). The modified system’s hood-securing element (i.e. element 119 of Candotti provided on the hood of Wantky as set forth in the modification above) is configured to receive an element/button 111/115 of any number of supplementary structures attached to such a button, for example an element/button 111/115 that would be attached to a hat and wherein the at least one retention element would be for engaging with button 115 thereof.)
Regarding claim 3:
Wantky in view of Candotti teach The system of Claim 1, as set forth above.
The modified Wantky further meets the limitation wherein the hood-securing element is configured to secure the hood laterally and allow rotation of the hat without at least one of moving, turning, dragging, displacing, and disarranging the hood.
(It is noted that the hat button and hat are not structurally claimed as part of the claimed system. What is claimed is a system that is capable of being installed on/with a hat and hat button as claimed (emphasis provided by Examiner). The modified system’s hood-securing element (i.e. element 119 of Candotti provided on the hood of Wantky as set forth in the modification above) is configured to receive an element/button 111/115 of any number of supplementary structures attached to such a button, for example an element/button 111/115 that would be attached to a hat and furthermore any other button-hat combination wherein the button of said other button-hat combination would be capable of being received within the cavity in such a way that permits rotation of the hat structure thereto without moving, turning, dragging, displacing, and/or disarranging the hood (emphasis provided by Examiner).)
Regarding claim 4:
Wantky in view of Candotti teach The system of Claim 1, as set forth above.
The modified Wantky further meets the limitation wherein the cavity extends at least part way through a height of the hood-securing element (as in Figs. 6-8 of Candotti).
Regarding claim 7:
Wantky in view of Candotti teach The system of Claim 1, as set forth above.
The modified Wantky further meets the limitation wherein the hood-securing element comprises an upper mounting element (120 of Candotti) proximate to the first side of the hood-securing element and a lower mounting element (126 of Candotti) proximate to the lower side of the hood-securing element, the upper and lower mounting elements extending around an outer circumference of the hood-securing element (as in Figs. 6-9 of Candotti) and defining a mounting channel (that which receives 131; Fig. 8 of Candotti) wherein the hood-securing element is retained in place by a material of the hood of the garment engaging the mounting channel (in the same manner that material 131 is retained in Fig. 8 of Candotti) and applying a retention force to the hood-securing element (the system meets the limitation to the extent the capability is explained in the present disclosure; it is noted the present disclosure states “The material of hood 102, or a layer of material of hood 102, engages securing element 1220 in mounting channel 1252 thereby holding securing element 1220 in place in hood 102” (first paragraph of p. 14 of the specification); and the modified Wantky is configured such that a material of the hood of the garment engaging the mounting channel is applying a retention force to the hood-securing element in that the upper and lower mounting elements of the modified Wantky form a channel which encloses and surrounds garment structure in the manner shown in Candotti Fig. 8 and is therefore is configured such that a retention force is applied while the material of the hood engages the securing element in the mounting channel thereby holding the securing element in place in the manner as described in the first paragraph of p. 14 of the specification, including at least being configured to apply gravitational and/or frictional forces for holding the element to the garment fabric).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732