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 .
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.
Claims 1, 2, 4, 8, 9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5718589 to McCracken et al. (hereinafter “McCracken”).
Regarding claim 1, McCracken teaches a reversible and reversible and customizable learning enhancing bib (30) comprising: a race bib (bib body 32) having a front surface (34), a rear surface (not shown) and one or more attachment holes (opening or button holes 42 and 44) therethrough, wherein the attachment holes are configured for fastening the race bib to a participant's clothing; lettering (items 48, 50 and 52) that can be removably attached to the front surface and the rear surface of the race bib (column 5, line 21-25), wherein the front surface can display a first custom message and the rear surface can display a second custom message different from the first custom message; and one or more fasteners (a button on the underlying garment or elongated thread, cord, ribbon, tie or the like 46) for removably attaching the race bib to a participant (column 4, line 21-41), wherein the one or more fasteners are selected from the group consisting of safety pins, adhesives, magnets, clips, and strings (elongated thread, cord, ribbon, tie or the like 46).
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Regarding claim 2, McCracken teaches the race bib (30) is made from a material selected from the group of materials consisting of cloth (column 6, lines 37-41), paper, synthetic or electronic material.
Regarding claim 4, McCracken teaches the one or more fasteners are selected from the group consisting of adhesives, magnets, clips, strings (elongated thread, cord, ribbon, tie or the like 46), and pins for attaching the race bib (30) to the participant (column 4, lines 21-31).
Regarding claim 8, McCracken teaches the lettering (items 48, 50 and 52) removably attached to the front surface spells a first athlete-selected custom name or message, and the lettering (items 48, 50 and 52) removably attached to the rear surface simultaneously spells a second athlete-selected custom name or message different from the first, such that the front and rear surfaces independently display different personally identifiable information to spectators on opposite sides of the participant during a sporting event.
Regarding claim 9, McCracken teaches a reversible and reversible and customizable learning enhancing bib (30) comprising a race bib (30) having a front surface, a rear surface, and a plurality of attachment holes (opening or button holes 42 and 44) configured to receive fasteners for securing the race bib to a participant's clothing during a sporting event; a set of individually removable and repositionable alphanumeric character pieces (items 48, 50 and 52) configured to be selectively attached to and detached from the front surface to spell a first user-selected message and to the rear surface to spell a second user-selected message different from the first user-selected message, wherein the front surface and the rear surface each constitute an independently configurable display field; and one or more fasteners for securing the race bib to the participant's clothing through the attachment holes.
Regarding claim 11, McCracken teaches the race bib is constructed of a material durable under rain, perspiration, and extended physical exertion (column 6, line 38-41), and wherein the front surface and the rear surface simultaneously broadcast different personally identifiable information to spectators positioned on opposite sides of the participant during a competitive sporting event, the first user-selected message comprising a first athlete- selected identification message and the second user-selected message comprising a second athlete-selected identification message different from the first athlete-selected identification message.
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.
Claims 3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over US 5718589 to McCracken et al. (McCracken) in view of US 6397390 to Henderson et al. (Henderson).
Regarding claim 3, McCracken does not teach the lettering comprising adhesive materials, stencil, or electronic imaging that can be removably attached or otherwise displayed on the front or rear of the display surface.
Henderson teaches a garment for communicating through removable messages comprising a display surface (garment 10) comprising cloth (cotton; abstract), paper, synthetic material, electronic or similar surfaces that can display alphanumeric characters or images and lettering (pieces 12; column 3, line 21-25) comprising adhesive materials (column 2, lines 52-67) column 3, line 42-46), stencil, or electronic imaging that can be removably attached or otherwise displayed on the front or rear of the display surface and combined to spell out names, phrases or similar characters.
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Since Henderson teachers the lettering (pieces 12) can be attached to the garment using hook and look fastener (VELCRO®) or temporary adhesives, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the hook and look fastener (VELCRO®) to secure the decorative item to the bib taught by McCracken with adhesive as taught by Henderson with a reasonable expectation of success to provide an alternate attachment/securement means. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claim 5, McCracken teaches a reversible and customizable learning enhancing bib (30) comprising: a race bib (bib body 32), a display surface (front surface 34) comprising cloth, paper (column 5, lines 16-18), synthetic material, electronic material that can display alphanumeric characters or images; one or more fasteners (holes 44 and 46 with string 46 and snap components 88 and 90) for removably attaching the display surface to a participant, the one or more fasteners comprising adhesive, magnetic, clips, or hardware (snap components 128 and 130 or opening or button hole 42 and 44 which receives a button on an underlying garment or an elongate thread, cord, ribbon, tie, or the like 46); lettering (items 48, 50, and 52) that can be removably attached or otherwise displayed on the front or rear of the display surface and combined to spell out names, phrases (column 5, lines 21-25).
McCracken does not teach the lettering comprising adhesive materials, stencil, or electronic imaging that can be removably attached or otherwise displayed on the front or rear of the display surface.
Henderson teaches a garment for communicating through removable messages comprising a display surface (garment 10) comprising cloth (cotton; abstract), paper, synthetic material, electronic or similar surfaces that can display alphanumeric characters or images and lettering (pieces 12; column 3, line 21-25) comprising adhesive materials (column 2, lines 52-67) column 3, line 42-46), stencil, or electronic imaging that can be removably attached or otherwise displayed on the front or rear of the display surface and combined to spell out names, phrases or similar characters.
Since Henderson teachers the lettering (pieces 12) can be attached to the garment using hook and look fastener (VELCRO®) or temporary adhesives, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the hook and look fastener (VELCRO®) to secure the decorative item to the bib taught by McCracken with adhesive as taught by Henderson with a reasonable expectation of success to provide an alternate attachment/securement means. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding claims 6 and 7, McCracken teaches a reversible and customizable learning enhancing bib (30) comprising: a race bib (bib body 32), a display surface (front surface 34) comprising cloth, paper (column 5, lines 16-18), synthetic material, or electronic material that will display alphanumeric characters or images; one or more fasteners comprising adhesive, magnetic, clips, or hardware (snap components 128 and 130, opening or button hole 42 and 44 which receives a button on an underlying garment, or an elongate thread, cord, ribbon, tie, or the like 46) that are applied to the display surface and attaches to broadcast device to a wearer; and lettering (items 48, 50, and 52) that can be removably attached (using hook-type fastening elements such as VELCRO®) or otherwise displayed on the front or rear of the display surface and combined to spell out names, or phrases (column 5, lines 21-25).
McCracken does not teach the lettering comprising adhesive materials, stencil, or electronic imaging that can be removably attached or otherwise displayed on the front or rear of the display surface.
Henderson teaches a garment for communicating through removable messages comprising a display surface (garment 10) comprising cloth (cotton; abstract), paper, synthetic material, electronic or similar surfaces that can display alphanumeric characters or images and lettering (pieces 12; column 3, line 21-25) comprising adhesive materials (column 2, lines 52-67) column 3, line 42-46), stencil, or electronic imaging that can be removably attached or otherwise displayed on the front or rear of the display surface and combined to spell out names, phrases or similar characters. Since Henderson teachers the lettering (pieces 12) can be attached to the garment using hook and look fastener (VELCRO®) or temporary adhesives, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the hook and look fastener (VELCRO®) to secure the decorative item to the bib taught by McCracken with adhesive as taught by Henderson with a reasonable expectation of success to provide an alternate attachment/securement means. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Claims 3 and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over US 5718589 to McCracken et al. (McCracken) in view of US 8595867 to Zinna.
Regarding claim 10, McCracken teaches the race bib is formed of a water-resistant material (column 5, lines 6-8), the attachment holes (opening or button holes 42 and 44) are configured to receive safety pins for securing the race bib to the participant's clothing over the participant's torso, and the front surface and the rear surface simultaneously display the first user-selected message and the second user-selected message respectively to spectators facing the front of the participant and spectators facing the rear of the participant during a running race.
McCracken does not teach the one or more fasteners comprise safety pins.
Zinna teaches a bib (12) comprising a holes (12A and 12B) for receive a cord (80) for securing the bib to a participant. The cord is used instead of a safety pin (column . It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the tie for securing the bib taught by McCracken to a participant with safety pins as taught by Zinna with a reasonable expectation of success to provide an attachment means. Such a modification would have involved a simple substitution of known attachment means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Response to Arguments
Applicant's arguments filed May 11, 2026 have been fully considered but they are not persuasive.
Regarding the rejection of claims 1, 2 and 4 as being anticipated by McCracken, the applicant argues McCracken does not disclose a "Race Bib" as that term is understood in the sporting goods field. In addition, the applicant argues McCracken does not disclose a kit. The applicant implies “kit” is a packaged combination of discrete elements offered together as a unit. The applicant further argues McCracken does not disclose lettering removably attachable to both surfaces.
The examiner disagrees.
McCracken teaches all of the claim structural laminations. The claim does not recite structure precluding the bib taught by McCracken.
Regarding the “kit”, the examiner contends McCracken teaches all of the claimed limitations recited in claim 1. The examiner further contends the claims do not recite a “package” or container for housing or storing the various element of the bib.
Regarding the applicants arguments that argues McCracken does not disclose lettering removably attachable to both surfaces, the examiner disagrees. McCracken teaches “it is contemplated that the bib 30 may be reversible and have one or more inverted items on the back surface thereof. The items on the back may be the same as or different than the items on the front surface to further enhance the usefulness of the bib”.
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The rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631
