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 with traverse of Species D in the reply filed on August 13, 2026 is acknowledged. The traversal is on the ground(s) that Species D, J, K, M, and S are not separate species. Applicant argues that the above species are not independent or distinct from each other, the restriction requirement failed to provide rationale for distinctness between the given species, and that Species D, J, K and M are claimed together and therefore should be considered the same invention and species. This is not found persuasive because:
Generic figure 1 displays a headband system (13) including: a head mounted device (10), a headband (24, 26, 32), and loops (28, 31, 33).
Figure 5 of species D displays a headband closure including: headband portions (34A, 34B), hooks (48A, 48B), and magnets (44A. 44B).
Figure 11 of species J displays a headband closure including: headband portions (34A, 34B). a member (70), a portion attached to element 34A (70A), and a portion that contacts element 34B (70B).
Figures 12A and 12B of species K display a headband closure including headband portions (34A, 34B) and snaps (72A, 72B).
Figure 14 of species M displays a headband closure including: headband portions (34A, 34B), a buckle having teeth (98), a tab (100), and a pivot (102).
Figures 20 and 21 of species S display a headband closure including: headband portions (34A, 34B), a cable (128), a dial (130) or button (136), and a ratcheting mechanism (137A, 137B).
The headband closure systems from species D, J, K, M, and S can be used to tighten the headband as well as simply attach the two headband portions together. All the above figures have different configurations, parts, and elements, the examiner continues to view them as distinct species of headband closures. Examiner has deemed that only claims 1, 2, and 4 are drawn to the elected Species D. All other claims are drawn to a non-elected species because of their limitations.
The requirement is still deemed proper and is therefore made FINAL.
Claims 3 and 5-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on August 13, 2026.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fullerton et al (US 20090288241 A1).
Regarding claim 1, Fullerton discloses a headband system (1000, magnetic scuba mask) configured to be coupled to a head-mounted device (1002, frame) comprising a head-mounted housing and to be worn on a head (paragraph 2, lines 1-3), the headband system (1000, magnetic scuba mask) comprising: a headband (figure 10A) comprising a first headband portion (1014, second support) and a second headband portion (1010, strap), wherein the headband (figure 10A) is configured to be adjusted (paragraph 5) by adjusting the first headband portion (1014, second support) relative to the second headband portion (1010, strap); a first magnet (1020, second magnetic structure) coupled to the first headband portion (1014, second support); and a second magnet (1018, first magnetic structure) coupled to the second headband portion (1010, strap), wherein the first and second magnets (1018, 1020, first and second magnetic structures) are configured to couple (paragraph 34) the first headband portion (1014, second support) to the second headband portion (1010, strap).
Regarding claim 2, Fullerton discloses the first magnet (1020, second magnetic structure) is one of a first plurality of magnets (1020a, array of magnets) coupled to the first headband portion (1014, second support), the second magnet (1018, first magnetic structure) is one of a second plurality of magnets (1018a, array of magnets) coupled to the second headband portion (1010, strap), and the first plurality of magnets (1020a, array of magnets) and the second plurality of magnets (1018a, array of magnets) are configured to couple (paragraph 35, lines 1-10) the first headband portion (1014, second support) to the second headband portion (1010, strap).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Fullerton et al (US 20090288241 A1) as applied to claims 1 and 2 above, in view of Golden et al (US 20040074063 A1).
Regarding claim 4, Fullerton discloses a headband system (1000, magnetic scuba mask) having a first headband portion (1014, second support) with a first plurality of magnets (1020a, array of magnets) and a second headband portion (1010, strap) having a second plurality of magnets (1018a, array of magnets).
Fullerton does not explicitly disclose the first and second pluralities of magnets (1018a, 1020a, arrays of magnets) being formed in first or second hooks.
Regarding claim 4, Golden teaches headband system (10, releasable fastener system), wherein the first headband portion (12, first hook portion) comprises first hooks (18, first hook elements), the second headband portion (14, second hook portion) comprises second hooks (22, second hook elements), the second plurality of magnets (34, magnetic material) are formed in the second hooks (22, second hook elements), and the first hooks (18, first hook elements) are configured to engage with (paragraph 20, lines 4-6) the second hooks (22, second hook elements) when the first headband portion (12, first hook portion) is coupled to the second headband portion (14, second hook portion).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the magnetic portions of the strap (1010) and second support (1014) of Fullerton to include the hook elements (18, 22) as taught by Golden. One would be motivated to make this modification in order to have a magnetic closure that will only release when the user desires as taught by Golden (paragraph 5). It would have been obvious to use the magnetic material (34) of Golden in both hooks heads to have control over which set of hook elements is being manipulated for easy release (paragraph 25 of Golden).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Byun et al (US 20170090514 A1) teaches a head mounted device with a magnetic strap length adjuster.
Popoca Perez (US 20190116904 A1) teaches a strap having a plurality of magnets to secure it.
David et al (US 20240402760 A1) teaches a head mounted device with magnetic closure straps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARA BROOKS whose telephone number is (571)272-9484. The examiner can normally be reached M-F: 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.J.B./Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
Prosecution Insights