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
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 17 October 2025.
Applicant’s election without traverse of Invention I, the bib corresponding to claims 1-19 in the reply filed on 17 October 2025 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-3, 5-6, 9-11, 15-16, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martone Cardinale (US 20190133204 A1), hereinafter, “Martone,” in view of Chuah (US 11089823 B2).
As to claim 1, Martone discloses an eating bib device (“BIB WITH PROTECTIVE COLLAR,” title) comprising:a body (bib 20) having an exterior surface comprised of a coating (para. 0030 discloses the bib may be coated with nylon) and an interior surface comprised of a texture (para. 0030 discloses the bib may be fabric, silicone, PU, or a combination thereof, and these materials have a texture);a neckline flap extending from the body (collar system 40), the neckline flap comprised of a textured area and a sweatproof backing layer (54 is the textured area and 52 is the sweatproof backing layer; the cotton disclosed in para. 0031 has a texture and para. 0031 discloses “first layer 52 that is formed of a waterproof or water resistant material” which renders it sweatproof); and a structured pocket configured to capture falling food and liquids (trough 38 and/or a basin 39).
Martone does not disclose the structured pocket comprised of a fastener.
Chuah teaches a similar bib (title) including a structured pocket (storage pocket 40) comprised of a fastener (the combination of 25, 26, 30, and 31 as shown in FIG 7 or 29 and 31 as shown in FIG 10).
As to claims 2 and 15, Martone as modified discloses the fastener is comprised of a sealed slit (Chuah 31 is a slit at least to the degree shown in Applicant’s figures which do not show the structure of the slit and to the degree described in Applicant’s specification, which is silent as to the structure of the slit, and Chuah 25/26 and 29 seal the slit 31).
As to claims 3 and 16, Martone as modified discloses the fastener is comprised of a removable cap (Chuah 25/26 and 29 are caps at least to the degree shown in Applicant’s figures which do not show the structure of the cap and to the degree described in Applicant’s specification, which is silent as to the structure of the cap, and Chuah 25/26 and 29 are removable from slit 31).
As to claims 5 and 18, Martone discloses the coating is comprised of a stain-resistant coating (Martone para. 0030 discloses the bib may be coated with nylon which would resist stains and odors to at least some degree, at least to the degree disclosed by Applicant’s specification which does not name any particular material or structure for the stain- and odor-resistant coating).
As to claims 6 and 19, Martone discloses coating is comprised of an odor-resistant coating (Martone para. 0030 discloses the bib may be coated with nylon which would resist stains and odors to at least some degree, at least to the degree disclosed by Applicant’s specification which does not name any particular material or structure for the stain- and odor-resistant coating).
As to claim 9, Martone discloses the eating bib device of claim 1 further comprising a neck (at first and second tabs 31, 35).
As to claim 10, Martone discloses the eating bib device of claim 9, wherein the neck is comprised of an elastic opening (the material at the opening is silicone which has at least some degree of elasticity).
As to claim 11, Martone in view of Chuah discloses all of the claimed structure (see the rejection of claim 1 above), and further discloses a neck comprised of a first strap and a second strap joined together by a second fastener (Martone 31, 35, and fastener 32/33/36/37a/37b).
Claim(s) 4 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martone Cardinale (US 20190133204 A1), hereinafter, “Martone,” in view of Chuah (US 11089823 B2) as applied to claim 1 or 11 above, and further in view of Gaber et al. (US 11129421 B2).
As to claims 4 and 17, Martone discloses the body comprises silicone (para. 0030), but does not expressly disclose the silicone is food-grade silicone.
One of ordinary skill would expect that the silicone of the Martone bib is food grade because it is intended to be worn during feeding.
Gaber teaches a similar bib including 100% food-grade silicone (col 5 line 45-50).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide food-grade silicone for the purpose of providing a material that is “non-toxic and hygienic as it is naturally resistant to bacteria” (Gaber col 5 line 45-50).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martone Cardinale (US 20190133204 A1), hereinafter, “Martone,” in view of Chuah (US 11089823 B2) as applied to claim 1 above, and further in view of Rees (US 7069596 B2).
As to claim 7, Martone does not disclose the eating bib device of claim 1, wherein the texture of the interior surface is comprised of a geometric pattern, a ridge, or a raised dot.
Rees teaches a similar bib (title) including a surface comprising a texture and the texture is comprised of a geometric pattern, a ridge, or a raised dot (14).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the bib with a raise dot for engagement with the wearer’s skin (Rees abstract).
As to claim 8, Martone does not disclose the eating bib device of claim 1, wherein the textured area of the neckline flap is comprised of a geometric pattern, a ridge, or a raised dot.
Rees teaches a similar bib (title) including a surface comprising a texture and the texture is comprised of a geometric pattern, a ridge, or a raised dot (14).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the bib with a raise dot for engagement with the wearer’s skin (Rees abstract).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martone Cardinale (US 20190133204 A1), hereinafter, “Martone,” in view of Chuah (US 11089823 B2) as applied to claim 11 above, and further in view of Petersen (US 20170303602 A1).
As to claim 12, Martone does not disclose the eating bib device of claim 11, wherein the first fastener is comprised of a magnet.
Petersen teaches a similar bib (title) including a fastener (116) comprised of a magnet, hook and loop, or snap button (para. 0005 and claim 5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the fastener of the Martone to be a magnet, hook and loop, or snap button as taught by Petersen, for the purpose of providing a known fastener type for selectively attaching a bib around a wearer’s neck.
As to claim 13, Martone does not disclose the eating bib device of claim 11, wherein the first fastener is comprised of a hook or a loop.
Petersen teaches a similar bib (title) including a fastener (116) comprised of a magnet, hook and loop, or snap button (para. 0005 and claim 5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the fastener of the Martone to be a magnet, hook and loop, or snap button as taught by Petersen, for the purpose of providing a known fastener type for selectively attaching a bib around a wearer’s neck.
As to claim 14, Martone does not disclose the eating bib device of claim 11, wherein the first fastener is comprised of a snap button.
Petersen teaches a similar bib (title) including a fastener (116) comprised of a magnet, hook and loop, or snap button (para. 0005 and claim 5).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the fastener of the Martone to be a magnet, hook and loop, or snap button as taught by Petersen, for the purpose of providing a known fastener type for selectively attaching a bib around a wearer’s neck.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732