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 without traverse of Invention I. Claims 2-18, drawn to a smoking bib, classified in A41D13/04 in the reply filed on 10/22/2025 is acknowledged.
Claims 19-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/22/2025.
Claims 2-21 are presented.
Claims 19-21 are withdrawn.
The present office action treats claims 2-18 on the merits.
The present office action is a non-final rejection.
Response to Amendment
Applicant’s preliminary amendment of 05/13/2025 is acknowledged.
A specification amendment is acknowledged and is entered; see Specification below regarding objections thereto.
An Abstract amendment is acknowledged and is entered. see Specification below regarding objections thereto.
Replacement drawings are acknowledged; see Replacement Drawings below regarding the acceptability thereof.
Replacement Drawings
Applicant’s replacement drawings of 05/13/2025 are acknowledged. These drawings are not acceptable and are not entered.
New Sheet 1 is not acceptable and is not entered because it contains the new matter identified hereinbelow:
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New Sheet 2 is not acceptable and is not entered because it contains new matter at the location where the lead line from 36 terminates and also at the location where the lead line from 60 terminates.
New Sheet 3 is not acceptable and is not entered because it contains new matter at the location where the lead line from 36 terminates.
New Sheet 4 is not acceptable and is not entered because it contains new matter at the location where the lead line from 36 terminates and also at the location where the lead line from 60 terminates.
New Sheet 5 is not acceptable and is not entered because it contains new matter at the location where the lead line from 36 terminates; at the locations where the lead lines from 42 terminate; and at the locations where the lead lines from 48 terminate.
New Sheet 6 is not acceptable and is not entered because it contains new matter in showing the bib in the apparent folded configuration at the lower portion thereof in the location of the figure near where the lead lines from 30, 40, 42, and 62 terminate; in addition, new sheet 6 contains new matter in the same apparent location as the new matter of sheet 1 identified hereinabove.
New Sheet 7 is not acceptable and is not entered because it contains new matter in showing the bib in the apparent folded configuration at the lower portion thereof in the location of the figure near where the lead lines from 30, 40, and 42 terminate; in addition, new sheet 7 contains the new matter of an apparent piece of furniture 70 and its structural relation to the bib; in addition, new sheet 7 contains new matter in the same apparent location as the new matter of sheet 1 identified hereinabove.
Specification
The abstract of the disclosure is objected to because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: “The smoking bib includes a bib body having a front end and a rear end. The smoking bib includes a flap extending from the bib body, and flap extensions extending from distal ends of the flap. The flap folds at the front end to form a pouch with the bib body. The flap extensions connect to the bib body at the rear end. The flap configures to position perpendicularly to the bib body to support objects. The flap positions perpendicularly to the bib body such that the flap and the flap extensions form a three sided privacy wall when the bib body is placed on a table.”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The specification amendment filed 05/13/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
New paragraphs [0003]-[0007]
“The smoking bib has a flap configurable to position perpendicularly to the bib to support objects. The flap can also be used as a privacy wall when the bib is laid or placed on a table” of paragraph [0008].
New paragraphs [0010]-[0014]
New paragraphs [0015]-[0031]
New paragraphs [0032]
Applicant is required to cancel the new matter in the reply to this Office Action.
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:
bib body
front end
rear end
flap
flap extensions
pouch
straps
buckle
pocket
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 112
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 2-18 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.
Claim 2 recites new matter in reciting “a flap extending from said bib body; and flap extensions extending from distal ends of said flap, wherein said flap folds at said front end and forms a pouch with said bib body, and wherein said flap extensions connect to said bib body at said rear end.”
Claims 3-10 are rejected if only because they depend from a rejected claim.
In addition, claim 3 recites additional new matter: “wherein said bib body comprises straps configured to secure said bib body around a user's neck”.
In addition, claim 4 recites additional new matter: “wherein said straps comprise a buckle to adjust the length of said straps”.
In addition, claim 5 recites additional new matter: “wherein said bib body is made of a fire- resistant fabric”.
In addition, claim 6 recites additional new matter: “wherein said bib body is non-permeable”.
In addition, claim 7 recites additional new matter: “wherein said flap configures to position perpendicularly to said bib body to support objects”.
In addition, claim 8 recites additional new matter: “wherein said flap positions perpendicularly to said bib body, and wherein said flap and said flap extensions form a three sided privacy wall when said bib body is placed on a table”.
In addition, claim 9 recites additional new matter: “wherein said bib body comprises a pocket at said front end”.
In addition, claim 10 recites additional new matter: “wherein said flap extensions connect to said bib body via one of a hook and loop connection, hooks, and buttons”.
Claim 11 recites new matter in reciting “a flap extending from said bib body; and flap extensions extending from distal ends of said flap; wherein said flap configures to position perpendicularly to said bib body to support objects at said front end, wherein said flap folds at said front end and forms a pouch with said bib body to collect ashes from a cigarette, and wherein said flap extensions connect to said bib body at said rear end when said flap folds at said front end.”
Claims 12-18 are rejected if only because they depend from a rejected claim.
In addition, claim 12 recites additional new matter: “wherein said bib body comprises straps configured to secure said bib body around a user's neck”.
In addition, claim 13 recites additional new matter: “wherein said straps comprise a buckle to adjust the length of said straps”.
In addition, claim 14 recites additional new matter: “wherein said bib body is made of a fire- resistant fabric”.
In addition, claim 15 recites additional new matter: “wherein said bib body is non-permeable”.
In addition, claim 16 recites additional new matter: “wherein said flap positions perpendicularly to said bib body, and wherein said flap and said flap extensions form a three sided privacy wall when said bib body is placed on a table”.
In addition, claim 17 recites additional new matter: “wherein said bib body comprises a pocket at said front end”.
In addition, claim 18 recites additional new matter: “wherein said flap extensions connect to said bib body via one of a hook and loop connection, hooks, and buttons”.
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.
Claim(s) 2-3 and 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Potter, US 5,107,545].
Regarding claim 2:
Potter discloses (Figs. 1-3):
A smoking bib 1, comprising:
a bib body (see annotated Figs. 1-3 – a below) having a front end (see annotated Figs. 1-3 – a below) and a rear end (see annotated Figs. 1-3 – a below);
a flap (see annotated Figs. 1-3 – a below) extending from said bib body (as in annotated Figs. 1-3 – a below); and
flap extensions (see annotated Figs. 1-3 – a below) extending from distal ends of said flap (as in annotated Figs. 1-3 – a below), wherein said flap folds at said front end and forms a pouch with said bib body (Fig. 2 and/or Fig. 3), and wherein said flap extensions connect to said bib body at said rear end (col. 4 lines 33-43; Fig. 2 and/or Fig. 3).
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Regarding claim 3:
Potter discloses The smoking bib of claim 2, as set forth above.
Potter further discloses wherein said bib body comprises straps (“loop 6 is cut at...point 22 creating two separate apron tie strap arms...placed behind the wearer’s neck”; col. 3 lines 18-21) configured to secure said bib body around a user’s neck (col. 3 lines 18-21).
Regarding claim 7:
Potter discloses The smoking bib of claim 2, as set forth above.
Potter further discloses wherein said flap configures to position perpendicularly to said bib body (as embodied in each of Figs. 3 and 4, the flap is not perpendicular to the body; however, the flap nonetheless configures to position perpendicularly in that the flap is configured to fold along 54 from the configuration of Fig. 1 into the configurations of Fig. 2 and 3 and therefore configures to be positioned perpendicularly as claimed) to support objects (flap is configured such that objects can be supported thereby at front end).
Regarding claim 8:
Potter discloses The smoking bib of claim 2, as set forth above.
Potter further discloses wherein said flap positions perpendicularly to said bib body (as embodied in each of Figs. 3 and 4, the flap is not perpendicular to the body; however, the flap nonetheless configures to position perpendicularly in that the flap is configured to fold along 54 from the configuration of Fig. 1 into the configurations of Fig. 2 and 3 and therefore configures to be positioned perpendicularly as claimed), and wherein said flap and said flap extension form a three sided privacy wall (as in Fig. 2 and/or Fig. 3) when said bib body is placed on a table (configurations of Figs. 2 and/or 3 are configure such that bib body can be placed on a table; in addition, bib body can be placed on a table while flap is provided perpendicularly so as to yield a similar three-sided privacy wall).
Regarding claim 9:
Potter discloses The smoking bib of claim 2, as set forth above.
Potter further discloses wherein said bib body comprises a pocket 24 (“24...pocket”; col. 3 line 35) at said front end (Figs. 1-3).
Regarding claim 10:
Potter discloses The smoking bib of claim 2, as set forth above.
Potter further discloses wherein said flap extensions connect to said bib body via one of a hook and loop connection (“Velcro”; col. 4 line 53, wherein Velcro is “loops and hook fasteners”; col. 3 lines 40-41), hooks, and buttons.
Claim(s) 11-12 and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Potter, US 5,107,545].
Regarding claim 11:
Potter discloses (Figs. 1-3):
A smoking bib 1, comprising:
a bib body (see annotated Figs. 1-3 – a presented in above treatment of claim 2) having a front end (see annotated Figs. 1-3 – a presented in above treatment of claim 2) and a rear end (see annotated Figs. 1-3 – a presented in above treatment of claim 2);
a flap (see annotated Figs. 1-3 – a presented in above treatment of claim 2) extending from said bib body (as in annotated Figs. 1-3 – a presented in above treatment of claim 2); and
flap extensions (see annotated Figs. 1-3 – a presented in above treatment of claim 2) extending from distal ends of said flap (as in annotated Figs. 1-3 – a presented in above treatment of claim 2);
wherein said flap configures to position perpendicularly to said bib body (as embodied in each of Figs. 3 and 4, the flap is not perpendicular to the body; however, the flap nonetheless configures to position perpendicularly in that the flap is configured to fold along 54 from the configuration of Fig. 1 into the configurations of Fig. 2 and 3 and therefore configures to be positioned perpendicularly as claimed) to support objects at said front end (flap is configured such that objects can be supported thereby at front end);
wherein said flap folds at said front end and forms a pouch with said bib body (Fig. 2 and/or Fig. 3) to collect ashes from a cigarette (Potter is configured such that pouch is configured to collect a plurality of items and/or debris therein, including cigarette ashes), and wherein said flap extensions connect to said bib body at said rear end when said flap folds at said front end (col. 4 lines 33-43; Fig. 2 and/or Fig. 3).
Regarding claim 12:
Potter discloses The smoking bib of claim 11, as set forth above.
Potter further discloses wherein said bib body comprises straps (“loop 6 is cut at...point 22 creating two separate apron tie strap arms...placed behind the wearer’s neck”; col. 3 lines 18-21) configured to secure said bib body around a user’s neck (col. 3 lines 18-21).
Regarding claim 16:
Potter discloses The smoking bib of claim 11, as set forth above.
Potter further discloses wherein said flap positions perpendicularly to said bib body (as embodied in each of Figs. 3 and 4, the flap is not perpendicular to the body; however, the flap nonetheless configures to position perpendicularly in that the flap is configured to fold along 54 from the configuration of Fig. 1 into the configurations of Fig. 2 and 3 and therefore configures to be positioned perpendicularly as claimed), and wherein said flap and said flap extension form a three sided privacy wall (as in Fig. 2 and/or Fig. 3) when said bib body is placed on a table (configurations of Figs. 2 and/or 3 are configure such that bib body can be placed on a table; in addition, bib body can be placed on a table while flap is provided perpendicularly so as to yield a similar three-sided privacy wall).
Regarding claim 17:
Potter discloses The smoking bib of claim 11, as set forth above.
Potter further discloses wherein said bib body comprises a pocket 24 (“24...pocket”; col. 3 line 35) at said front end (Figs. 1-3).
Regarding claim 18:
Potter discloses The smoking bib of claim 11, as set forth above.
Potter further discloses wherein said flap extensions connect to said bib body via one of a hook and loop connection (“Velcro”; col. 4 line 53, wherein Velcro is “loops and hook fasteners”; col. 3 lines 40-41), hooks, and buttons.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Potter, US 5,107,545] in view of [Reese, US 7,484,249].
Regarding claim 4:
Potter discloses The smoking bib of claim 3, as set forth above.
Potter does not expressly disclose wherein said straps comprise a buckle to adjust the length of said straps.
However, Reese teaches a bib wherein a neck strap 102 is provided with a buckle 104 to adjust the length of the strap (col. 2 lines 10-14).
Reese further teaches the buckle is appropriate for variation of the size of the strap “to accommodate different users”; col. 2 line 14.
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 bib of Potter such that said straps comprise a buckle to adjust the length of said straps in order to permit the bib to adjustably fit wearers of different neck sizes via the buckle as suggested by Reese (col. 2 line 14).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Potter, US 5,107,545] in view of [Cox, US 5,220,692].
Regarding claim 5:
Potter discloses The smoking bib of claim 2, as set forth above.
Potter does not expressly disclose wherein said bib body is made of a fire-resistant fabric.
However, Cox teaches a bib wherein a bib body is made of a fire-resistant fabric (Abstract). Cox further teaches the bib is appropriate for protecting from “falling cigarette or cigar ashes” (Abstract).
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 bib of Potter such that the bib body is made of a fire-resistant fabric in order to protect the bib and/or wearer from falling cigarette and/or cigar ashes, as suggested by Cox (Abstract).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Potter, US 5,107,545] in view of [Blank, US 632,863].
Regarding claim 6:
Potter discloses The smoking bib of claim 2, as set forth above.
Potter does not expressly disclose wherein said bib body is non-permeable.
However, Blank teaches a bib wherein a bib body is non-permeable: “The bib thus made is ...is impermeable to moisture, will thoroughly protect the clothing”; p. 1 lines 82-84.
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 bib of Potter such that the bib body is non-permeable in order to protect a wearer’s clothing under the bib from becoming wet upon exposure of the bib to moisture, as suggested by Blank (p. 1 lines 82-84).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Potter, US 5,107,545] in view of [Reese, US 7,484,249].
Regarding claim 13:
Potter discloses The smoking bib of claim 12, as set forth above.
Potter does not expressly disclose wherein said straps comprise a buckle to adjust the length of said straps.
However, Reese teaches a bib wherein a neck strap 102 is provided with a buckle 104 to adjust the length of the strap (col. 2 lines 10-14).
Reese further teaches the buckle is appropriate for variation of the size of the strap “to accommodate different users”; col. 2 line 14.
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 bib of Potter such that said straps comprise a buckle to adjust the length of said straps in order to permit the bib to adjustably fit wearers of different neck sizes via the buckle as suggested by Reese (col. 2 line 14).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Potter, US 5,107,545] in view of [Cox, US 5,220,692].
Regarding claim 5:
Potter discloses The smoking bib of claim 11, as set forth above.
Potter does not expressly disclose wherein said bib body is made of a fire-resistant fabric.
However, Cox teaches a bib wherein a bib body is made of a fire-resistant fabric (Abstract). Cox further teaches the bib is appropriate for protecting from “falling cigarette or cigar ashes” (Abstract).
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 bib of Potter such that the bib body is made of a fire-resistant fabric in order to protect the bib and/or wearer from falling cigarette and/or cigar ashes, as suggested by Cox (Abstract).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Potter, US 5,107,545] in view of [Blank, US 632,863].
Regarding claim 15:
Potter discloses The smoking bib of claim 11, as set forth above.
Potter does not expressly disclose wherein said bib body is non-permeable.
However, Blank teaches a bib wherein a bib body is non-permeable: “The bib thus made is ...is impermeable to moisture, will thoroughly protect the clothing”; p. 1 lines 82-84.
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 bib of Potter such that the bib body is non-permeable in order to protect a wearer’s clothing under the bib from becoming wet upon exposure of the bib to moisture, as suggested by Blank (p. 1 lines 82-84).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRADY ALEXANDER NUNNERY/ Examiner, Art Unit 3732