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 December 16, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 7 and 10 have been amended. Accordingly, claims 1-17 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Because of the applicant’s amendment, the following in the office action mailed July 16, 2025, are hereby withdrawn:
Previous objection to the drawings is withdrawn.
Previous objection to the specification is withdrawn.
Previous 35 USC 112 (b) rejection is withdrawn.
Response to Arguments
Applicant's arguments filed December 16, 2025 have been fully considered but
they are not persuasive.
Applicant argues in remarks filed December 16, 2025 recites “A Too many references It is preliminarily noted that the fact that the Examiner has had to rely on the combination
of three distinct and separate combinations of four references to reject the claims under § I 03 is in itself evidence that the claimed subject matter is not obvious. In other words, it is unreasonable to suggest that a person of ordinary skill would have had the knowledge included in all said four cited references and the motivation to pick and choose from the different portions of each reference to envision the presently claimed subject matter without the access to hindsight and the sophisticated search engine available to the United States Patent Examiner.
In response to applicant's argument that the examiner has combined an excessive number of references, reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. See In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991).
The remainder of the Applicant’s arguments, are drawn to the amended claim language that recites that the neck guard comprises at least a first and second strap as means for securing the tube to a garment or accessory worn on the wearer's upper body or torso-extending from opposing sides of the bottom edge of the tube.
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 § 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 1-9 and 17 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 4,017,906 to Bochynsky et al. (herein after "Bochynsky") in view of United States Patent No. US 6,044,498 to Schumann et al. (herein after " Schumann "), and further in view of United States Patent No. US 6,874,170 B1 to Todd D. Aaron, (herein after "Aaron"), and further in view of United States Patent No. 4,501,023 to Bilberry, (herein after "Bilberry"),
As to Claim 1, Bochynsky discloses a neck guard (protective garment 10; Bochynsky) for protecting a wearer's neck and throat from injury, comprising: a continuous (Figures 1 & 2 and Col. 1 and Lines 50-55; Bochynsky), tube (protective garment 10; Bochynsky) defining an inside, an outside, a top edge (upper edge 80; Bochynsky), and a bottom edge (Figures 1 & 2 and Col. 1 and Lines 50-55; Bochynsky teaching a continuous tube defining an inside an outside, a top edge, and a bottom edge.); at least one means (connector 90; Bochynsky) for securing the tube (protective garment 10; Bochynsky) to another device (helmet 20; Bochynsky) disposed along the top edge (upper edge 80; Bochynsky) (Figures 1 & 2; Bochynsky); wherein the tube (protective garment 10; Bochynsky) is sized to receive a wearer’s head through the inside and configured to be positioned around the neck of the wearer (Figure 2 and Col. 1 and Lines 50-55; Bochynsky, teaching being sized to receive a wearer’s head through the inside and configured to be positioned around the neck of the wearer.), and wherein the top edge (upper edge 80; Bochynsky) is shaped to accommodate the contours of a wearer’s jaw and skull along the top of the wearer’s neck (Figures 1 & 2; Bochynsky).
Although Bochynsky teaches a tube (protective garment 10; Bochynsky), Bochynsky fails to further disclose being slash-resistant; at least a first and second strap as means for securing the tube to a garment or accessory worn on the wearer’s upper body or torso extending from opposing sides of the bottom edge of the tube.
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Schumann teaches slash and cut resistant garments for protecting persons from injury. Schumann also teaches a tube (dickey 10; Schumann) and discloses being continuous, slash-resistant (Col. 5 and Lines 12- 41; Schumann, teaching “The outer or covering layer may comprise a single layer that is simply wrapped over the two slash resistant layers… The outer surfaces 11a and 13a are continuous”).
Therefore, based on Schumann 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 Bochynsky’s tube to include being continuous, slash-resistant, as doing so would provide an acceptable form of comfortable, fashionable and versatile neck protection for the wearer.
Aaron teaches head and neck protection systems with fasteners (snap fasteners 40; Aaron) and discloses as means for securing the tube (neck guard 30; Aaron) to a garment or accessory (shoulder pads 50 and head protector 20; Bilberry) worn on the wearer’s upper body or torso (Figure 2; Aaron).
Therefore, based on Aaron’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 Bochynsky’s tube to include as means for securing the tube to a garment or accessory worn on the wearer’s upper body or torso, as doing so would provide additional security to the wearer to prevent the dislodging.
Bilberry teaches neck support (collar 2; Bilberry) and discloses at least a first (Tabs 11; Bilberry) and second strap (Tabs 11; Bilberry) a means for securing the tube extending from opposing sides of the bottom edge of the tube (Figure 7 Bilberry ~ regarding teaching at least a first and second strap as means for securing the tube to a garment or accessory worn on the wearer’s upper body or torso extending from opposing sides of the bottom edge of the tube.).
Therefore, based on Bilberry’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 Bochynsky/Aaron’s means for securing to include at least a first and second strap a means for securing the tube extending from opposing sides of the bottom edge of the tube, as doing so would provide a device that is easy to use for the wearer.
As to Claim 2, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 1, wherein the slash-resistant tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (tabs 11) added to the bottom as taught by Bilberry) comprises a seamless (Figures 1 & 2; Bochynsky, knitted material (garment 10; Bochynsky)(Col. 1 and Lines 48-55; Bochynsky, teaching "The garment 10 is made of wool, a double-knit acrylic material, or the like,… The tubular portion 60 and flap 70 may be one piece or two separate pieces sewed together. ") in a high-strength textile fiber (Col. 3 and Lines 5-12; Schumann, teaching, "The slash-resistant fibre used in the garment of the present invention may be selected from aramid fibres, high density polyethylene fibres, PBO fibres and other high performance specialty fibres…").
As to Claim 3, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 1, wherein the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (tabs 11) added to the bottom as taught by Bilberry) is configured to form a series of grooves, pleats, ribs, or indentations that allow the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (40) added to the bottom as taught by Aaron)(Col. 3 and Lines 49-55; Schumann, teaching, "The knitted fabric produced may have a rib construction The knitted fabric produced may have a rib construction The knitted fabric produced may have a rib construction.") to fold, bend, compress, and stretch ergonomically when a wearer’s head moves throughout its entire range of motion (Col. 2 and Lines 24-65 and Col. 3 and Lines 49-55; Schumann, Thereby teaching that the stretch amount of the knit material is capable of bending compressing, and stretching ergonomically when a wearer’s head moves throughout its entire range of motion base on the amount of stretch material within the fabric.)
As to Claim 4, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 2, wherein the high-strength textile fiber is selected from the group consisting of aramid, para-aramid, polyethylene, ultra-high-molecular-weight polyethylene, and nylon (Col. 3 and Lines 5-12; Schumann, teaching, "The slash-resistant fibre used in the garment of the present invention may be selected from aramid fibres, high density polyethylene fibres, PBO fibres and other high performance specialty fibres…").
As to Claim 5, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 2, wherein the knitted material is blended with additional material (Col. 3 and Lines 5-55; Schumann, teaching wherein the knitted material is blended with additional stretchy and resilient material, regarding LYCRA® and other blends included in the knit fabrics).
As to Claim 6, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 1, wherein the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (tabs 11) added to the bottom as taught by Bilberry) further comprises one or more pieces of foam padding, plastic, metal, or composite plates secured to the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (tabs 11) added to the bottom as taught by Bilberry) (Col. 5 and Lines 45-59; Aaron, regarding metallic rivets. Thereby teaching further comprising metal to secure to the tube (neck guard 30; Aaron)(As doing so would provide additional security to the wearer to prevent the dislodging or removal of the helmet).
As to Claim 7, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 1, wherein the means (modified snap fasteners 40; Aaron with tabs 11 as taught by Bilberry) for securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (tabs 11) added to the bottom as taught by Bilberry) to another device (50; Aaron) disposed along the bottom edge (second edge 34; Aaron)(Figure 2; Aaron) comprises hook and loop fasteners operative to releasably secure the neck guard (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (tabs 11) added to the bottom as taught by Bilberry) around an anchor point (snap connectors 52; Aaron) integrated on a garment (50; Aaron) or accessory worn on the wearer’s upper body or torso (Figure 2,Col. 5 and Lines 55-59; Aaron, teaching "A variety of detachable connection means may be used, including but not limited to zippers, hook and loop fastener strips, snap fasteners, and combinations thereof.”).
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As to Claim 8, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 1, wherein the at least one means (elastic material 90; Bochynsky) for securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (tabs 11) added to the bottom as taught by Bilberry) to another device (helmet 20; Bochynsky) disposed along the top edge (upper edge 80; Bochynsky) comprises one or more elastic straps (elastic material 90; Bochynsky) configured to secure to a garment or accessory worn on the wearer’s head (helmet 20; Bochynsky)(Col. 2 and Lines 32-36; Bochynsky teaching fastening means including VELCRO® or hook and loop. Examiner notes that Applicant’s disclosure page 2 teaches that the straps may comprise complementary hook and loop fasteners).
As to Claim 9, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 1, wherein the at least one means (elastic material 90; Bochynsky) for securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (tabs 11) added to the bottom as taught by Bilberry) to another device (helmet 20; Bochynsky) disposed along the top edge (upper edge 80; Bochynsky).
Bochynsky/Schumann/Aaron fail to disclose comprising at least one hole defined by the surface of the tube, and such hole is configured to secure to a helmet.
Aaron teaches head and neck protection systems and discloses comprising at least one hole (rivet) defined by the surface of the tube (neck guard 30; Aaron), and such hole (rivet) is configured to secure to a helmet (helmet 20: Aaron)(Col. 5 and Lines 45-59; Aaron, teaching, “The neck guard 30 may be permanently attached to the helmet and shoulder pads using any suitable connection, including but not limited to high strength adhesive or metallic rivets. In the preferred embodiment, the neck guard 30 is detachably connected with the helmet 20 and shoulder pads. A variety of detachable connection means may be used,”).
Therefore, based on Aaron’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 Bochynsky/Schumann/Aaron’s top edge of the tube to include comprising at least one hole defined by the surface of the tube, and such hole is configured to secure to a helmet, as doing so would provide additional security to the wearer to prevent the dislodging.
As to Claim 17, Bochynsky/Schumann/Aaron/Bilberry disclose the neck guard of claim 1, wherein the at least one means (90; Bochynsky) for securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with mean for securing (40) added to the bottom as taught by Aaron) to another device (helmet 20; Bochynsky) disposed along the top edge (upper edge 80; Bochynsky) comprises at least one hole (rivet) defined by the surface of the tube (protective garment 10; Bochynsky), and such hole (rivet) is configured to secure to a helmet (helmet 20: Aaron)(Col. 5 and Lines 45-59; Aaron, teaching, “The neck guard 30 may be permanently attached to the helmet and shoulder pads using any suitable connection, including but not limited to high strength adhesive or metallic rivets. In the preferred embodiment, the neck guard 30 is detachably connected with the helmet 20 and shoulder pads. A variety of detachable connection means may be used,”).
Claims 10-12, 14 and 16 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 4,017,906 to Bochynsky et al. (herein after "Bochynsky") in view of United States Patent No. US 6,044,498 to Schumann et al. (herein after " Schumann "), and further in view of United States Patent No. US 4,501,023 to Bilberry, (herein after " Bilberry").
As to Claim 10, Bochynsky discloses a neck guard (protective garment 10; Bochynsky) for protecting a wearer's neck and throat from injury, comprising: a continuous (Figures 1 & 2 and Col. 1 and Lines 50-55; Bochynsky), tube (protective garment 10; Bochynsky) defining an inside, an outside, a top edge (upper edge 80; Bochynsky), and a bottom edge (Figures 1 & 2 and Col. 1 and Lines 50-55; Bochynsky teaching a continuous tube defining an inside an outside, a top edge, and a bottom edge.); and sized to receive a wearer’s head through the inside and configured to be positioned around the neck of the wearer (Figure 2 and Col. 1 and Lines 50-55; Bochynsky, teaching being sized to receive a wearer’s head through the inside and configured to be positioned around the neck of the wearer.), the tube (protective garment 10; Bochynsky) comprising knitted material (Col. 1 and Lines 48-55; Bochynsky, teaching "The garment 10 is made of wool, a double-knit acrylic material, or the like,…") the tube (protective garment 10; Bochynsky); wherein the top edge is shaped to accommodate the contours of the wearer’s jaw and skull along the top of the wearer’s neck. (Figures 1 & 2; Bochynsky), means for removably (connectors 90, 190 110; Bochynsky) securing the tube to another device (helmet 20; Bochynsky)(Figures 4 & 7, Col. 2 and Lines 1-50; Bochynsky, regarding fastener being removably.).
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Although Bochynsky teaches a tube (protective garment 10; Bochynsky), Bochynsky fails to disclose being slash-resistant; in a high-strength textile fiber configured to form a series of grooves, pleats, ribs, or indentations that allow the material to fold, bend, compress, and stretch ergonomically when a wearer’s head moves throughout its entire range of motion; means for vertically removably securing the tube to another device comprising at least a first and second strap extending from opposing sides of the bottom edge of the tube and configured to secure to a garment or accessory worn on the wearer's upper body or torso.
Schumann teaches slash and cut resistant garments for protecting persons from injury. Schumann also teaches a tube (dickey 10; Schumann) and discloses being continuous, slash-resistant (Col. 5 and Lines 12- 41; Schumann, teaching “The outer or covering layer may comprise a single layer that is simply wrapped over the two slash resistant layers… The outer surfaces 11a and 13a are continuous”) in a high-strength textile fiber (Col. 3 and Lines 5-12; Schumann, teaching, "The slash-resistant fibre used in the garment of the present invention may be selected from aramid fibres, high density polyethylene fibres, PBO fibres and other high performance specialty fibres…") configured to form a series of grooves, pleats, ribs, or indentations that allow the material (Col. 3 and Lines 49-55; Schumann, teaching, "The knitted fabric produced may have a rib construction The knitted fabric produced may have a rib construction The knitted fabric produced may have a rib construction.") to fold, bend, compress, and stretch ergonomically when a wearer’s head moves throughout its entire range of motion (Col. 2 and Lines 24-65 and Col. 3 and Lines 49-55; Schumann, Thereby teaching that the stretch amount of the knit material is capable of bending compressing, and stretching ergonomically when a wearer’s head moves throughout its entire range of motion base on the amount of stretch material within the fabric.)
Therefore, based on Schumann 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 Bochynsky’s tube to include being continuous, slash-resistant; in a high-strength textile fiber configured to form a series of grooves, pleats, ribs, or indentations that allow the material to fold, bend, compress, and stretch ergonomically when a wearer’s head moves throughout its entire range of motion, as doing so would provide an acceptable form of comfortable, fashionable and versatile neck protection for the wearer.
Bilberry teaches neck support (collar 2; Bilberry) and discloses means (tabs 11; Bilberry) for vertically removably securing the tube (collar 2; Bilberry ~ regarding the tube) (Figure 7; Bilberry) to another device comprising at least a first and second strap (Tabs 11; Bilberry ~ regarding a first and second strap) extending from opposing sides of the bottom edge of the tube (Figure 7; Bilberry) and configured to secure to a garment or accessory worn on the wearer's upper body or torso (shoulder pads 17 and breast plates 18; Bilberry);
Therefore, based on Bilberry’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 Bochynsky/Schumann’s tube to include means for vertically removably securing the tube to another device comprising at least a first and second strap extending from opposing sides of the bottom edge of the tube and configured to secure to a garment or accessory worn on the wearer's upper body or torso, as doing so would provide a device which is that is easy to use for the wearer.
As to Claim 11, Bochynsky/Schumann/Bilberry disclose the neck guard of claim 10, wherein the high-strength textile fiber is selected from the group consisting of aramid, para-aramid, polyethylene, ultra-high-molecular-weight polyethylene, and nylon (Col. 3 and Lines 5-12; Schumann, teaching, "The slash-resistant fibre used in the garment of the present invention may be selected from aramid fibres, high density polyethylene fibres, PBO fibres and other high performance specialty fibres…").
As to Claim 12, Bochynsky/Schumann/Bilberry disclose the neck guard of claim 10,
wherein the knitted material is blended with additional stretchy and resilient material (Col. 3 and Lines 5-55; Schumann, teaching wherein the knitted material is blended with additional stretchy and resilient material, regarding LYCRA® and other blends included in the knit fabrics).
As to Claim 14, Bochynsky/Schumann/Bilberry disclose the neck guard of claim 10,
wherein the means for vertically (tabs 11: Bilberry) removably (Col. 2 and Lines 1-50; Bochynsky, regarding fastener being removably.) securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann) to another device (Figures 4 & 7, Col. 2 and Lines 1-50; Bochynsky, regarding fastener being removably.) comprises at least one means (tabs 11: Bilberry) for securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann) to another device disposed along the bottom edge of the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann with means as taught by Bilberry)(Figure 7 Bilberry) and at least one means for securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann) to another device disposed along the top edge (upper edge 80; Bochynsky) of the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann) (Figures 1 & 2; Schumann).
As to Claim 16, Bochynsky/Schumann/Bilberry disclose the neck guard of claim 14, wherein the at least one means (90; Bochynsky) for securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann) to another device (helmet 20; Bochynsky) disposed along the top edge (upper edge 80; Bochynsky) comprises one or more elastic straps configured to secure to a garment or accessory worn on the wearer’s head (Figures 1 & 2; Bochynsky) (Col. 2 and Lines 32-36; Bochynsky teaching fastening means including VELCRO® or hook and loop. Examiner notes that Applicant’s disclosure page 2 teaches that the straps may comprise complementary hook and loop fasteners).
Claims 13 and 15 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 4,017,906 to Bochynsky et al. (herein after "Bochynsky") in view of United States Patent No. US 6,044,498 to Schumann et al. (herein after " Schumann "), and further in view of United States Patent No. US 4,501,023 to Bilberry, (herein after “Bilberry”) as to claim 10 and 14 respectively, and further in view of United States Patent No. US 6,874,170 B1 to Todd D. Aaron, (herein after "Aaron").
As to Claim 13, Bochynsky/Schumann/Bilberry disclose neck guard of claim 10, wherein the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann).
Although Bochynsky/Schumann/Bilberry teaches a tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann), Bochynsky/Schumann/Bilberry fails to disclose further comprising one or more pieces of foam padding, plastic, metal or composite plates secured to the tube.
Aaron teaches head and neck protection systems and discloses further comprising one or more pieces of foam padding, plastic, metal or composite plates secured to the tube (Col. 5 and Lines 45-59; Aaron, regarding metallic rivets. Thereby teaching further comprising metal to secure to the tube (neck guard 30; Aaron)(As doing so would provide additional security to the wearer to prevent the dislodging or removal of the helmet).
Therefore, based on Aaron’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 Bochynsky/Schumann/Bilberry’s tube to include further comprising one or more pieces of foam padding, plastic, metal or composite plates secured to the tube, as doing so would provide additional security to the wearer to prevent the dislodging.
As to Claim 15, Bochynsky/Schumann/Bilberry disclose the neck guard of claim 14, wherein the at least one means (tabs 11: Bilberry) for securing the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann) to another device disposed along the bottom edge of the tube (modified protective garment 10; Bochynsky with slash resistant dickey 10; Schumann and means as taught by Bilberry) (Figure 7; Bilberry)
Bochynsky/Schumann/Bilberry fail to disclose comprising hook and loop fasteners operative to releasably secure the neck guard around an anchor point integrated on a garment or accessory worn on a wearer’s upper body or torso.
Aaron teaches head and neck protection systems and discloses comprising hook and loop fasteners (40; Bochynsky) operative to releasably secure the neck guard (30; Bochynsky) around an anchor point (52; Bochynsky) integrated on a garment or accessory worn on a wearer’s upper body or torso (Figure 2 and Col. 5 and Lines 54-59; Aaron, teaching “In the preferred embodiment, the neck guard 30 is detachably connected with the helmet 20 and shoulder pads. A variety of detachable connection means may be used, including but not limited to zippers, hook and loop fastener strips, snap fasteners, and combinations thereof.”).
Therefore, based on Aaron’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 Bochynsky/Schumann/Johnston’s bottom part of the tube to include comprising hook and loop fasteners operative to releasably secure the neck guard around an anchor point integrated on a garment or accessory worn on a wearer’s upper body or torso, as doing so would provide additional security to the wearer to prevent the dislodging.
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 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