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 § 112
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 4-6 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.
Regarding claim 4, the phrase " or similar materials or devices" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by " or similar materials or devices"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Regarding claim 4, it is unclear if the phrase “the fasteners” (line 1 and line 2) is the same as the phrase “one or more fasteners” recited in claim 1.
Regarding claim 5, the phrase " or similar surfaces" (line 5) and “or similar characters” (line 11-12) renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by " or similar surfaces" and “or similar characters”), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Regarding claim 5, it is unclear if the phrase “the fasteners” (line 7) is the same as the phrase “one or more fasteners” recited in claim 1.
Claim 6 is indefinite because the claim does not recite active method limitations.
Regarding claim 6, the phrase “the device” (line 8) lacks antecedent basis.
Regarding claim 7, the phrase “the device” (line 8) lacks antecedent basis.
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 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5718589 to McCracken et al. (McCracken).
Regarding claim 1, McCracken teaches a 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 hole 42 and 44) therethrough; 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, lines 21-25); and one or more fasteners (a button on an underlying garment or an elongate thread, cord, ribbon, tie, or the like 46) for removably attaching the race bib to a participant (column 4, line 21-41).
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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, line 37-41), paper (column 5, lines 16-18), synthetic or electronic material.
Regarding claim 4, McCracken teaches the fasteners are selected from the group of fasteners consisting of adhesives, magnets, clips, strings (elongate thread, cord, ribbon, tie, or the like 46), pins or similar materials or devices for attaching the bib (30) to the participant (column 4, lines 21-31).
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 or similar surfaces 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 fasteners comprising adhesive, magnetic, clips, 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) or containers; 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 or similar characters (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, electronic or similar surfaces that can display alphanumeric characters or images; one or more fasteners comprising adhesive, magnetic, clips, 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) or containers that are applied to surfaces and attaches the device (bib) to surfaces; 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, phrases or similar characters (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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
. JP 2019008220 to YONEMURA is cited to show a race bib comprising changeable indicia.
US 4710979 to Bull et al. is cited to show an apron or bib with detachable multicolored toys.
US 20230380516 to Williams is cited to show a garment assembly comprising removable items.
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