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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/21/26 has been entered.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 5-6, 8 and 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iosilevich et al. (US 9,339,102).
In regard to claim 1, Iosilevich et al. teaches headband, comprising: a first strap (320: figure 14), including: a first end comprising a first passageway (passageway on right side, 121, column 3, lines 13-16); a second end comprising a second passageway (passageway on left side, 121); a first opening arranged on, in, along, or proximate to the first end (see opening: on right side); and a second opening arranged on, in, along, or proximate to the second end (see opening: on left side); a second strap connected to the first strap, the second strap arranged at least partially through the first passageway and the first opening (second strap: 332); and a third strap connected to the first strap (figure 14: third strap: 332 on left side; column 4, lines 11-13), the third strap arranged at least partially through the second passageway and the second opening (see figure 14, column 4, lines 11-13); a first portion of the second strap extends in the first passageway in a circumferential direction (see figure 14); a second portion of the second strap extends from the first passageway through the first opening in a radially outward direction (see figure 14); and the third strap is operatively arranged to selectively connect to the second strap (see figure 16).
In regard to claim 5, Iosilevich et al. teaches wherein the second strap comprises a third end fixedly secured to the first strap, and a fourth end (see left side strap: 332 and column 4, lines 11-13).
In regard to claim 6, Iosilevich et al. teaches wherein the third end is arranged in the first passageway (see figure 14).
In regard to claim 8, Iosilevich et al. teaches wherein the portion of the second strap extending through the first opening forms a first loop (second strap: right side strap 332 forming loop to hold buckle 334: see figure 14).
In regard to claim 22, Iosilevich et al. teaches wherein the second strap extends radially outward through the first opening to form a first loop (second strap: right side 332 extending radially outward through first opening to form first loop around buckle: 334, see figure 14).
In regard to claim 23, Iosilevich et al. teaches further comprising a loop formed at least partially by the first strap and the second strap (see figure 16).
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Steingold (US 1,725,425).
In regard to claim 21, Steingold teaches a headband comprising: a first strap (figures 1-3 and 5, identifiers 8 (sweatband) and 9 (outer band) connected together: figure 3), including: a first layer forming a first radially inward facing surface and a first radially outward facing surface (layer 9: outer band); a second layer forming a second radially inward facing surface and a second radially outward facing surface (layer 9: sweatband, see figure 3), the second layer operatively arranged to contact the first layer (see figure 3); a first end comprising a first passageway (passageway: see figures 1 and 3, right side); a second end comprising a second passageway (passageway: see figures 1 and 3, left side); a first opening arranged on, in, along, or proximate to the first end (right opening: 15), wherein the first opening extends through the first layer from the first radially inward facing surface to the first radially outward facing surface (see figures 1 and 5); and a second opening arranged on, in, along, or proximate to the second end (left opening: 15); a second strap connected to the first strap (second strap is right narrow end of band 16), the second strap arranged at least partially through the first passageway and the first opening (see figures 1, 3-5); and a third strap connected to the first strap (third strap is left narrow end of band 16), the third strap arranged at least partially through the second passageway and the second opening (see figures 1, 3-5); wherein the third strap is operatively arranged to selectively connect to the second strap (see figures 1, connected at clasp: 17).
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, 8-11, 14-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy (US 2018/0103740) in view of Iosilevich et al. (US 9,339,102).
In regard to claim 1, Kennedy teaches a headband (see figure 1), comprising: a first strap (12), including: a first end comprising a first passageway; a second end comprising a second passageway (paragraph 0021); a second strap connected to the first strap (strap: 14 connected to adjuster 16, figures 3 and 4); and a third strap connected to the first strap (strap: 14 connected to clasp 18, figures 3 and 4); a first portion of the second strap extends in in a circumferential direction (see figures 3 and 4); a second portion of the second strap extends from the first strap through in a radially outward direction (see figures 3 and 4 and paragraph 0021); and the third strap is operatively arranged to selectively connect to the second strap (see figures 1 and 2, connected via loop and clasp: 18).
However, Kennedy fails to specifically teach the openings to the passageways and the connection of the straps within the passageways and through the openings.
Iosilevich et al. teaches a three strap belt (see figures 14-16), wherein a first strap is connected to a second and third strap within passageways to form the belt (first strap: 320, second strap: 332, third strap: other of 332; passageways: 121); wherein a first opening is arranged on, in, along, or proximate to the first end (see figure 14); and a second opening arranged on, in, along, or proximate to the second end (see figure 14); the second strap connected to the first strap (figure 14, column 4, lines 11-16), the second strap arranged at least partially through the first passageway and the first opening (see figure 14); and the third strap connected to the first strap (other of 332: figure 14, column 4, lines 11-16), the third strap arranged at least partially through the second passageway and the second opening (see figure 14); the second strap arranged at least partially through the first passageway and the first opening (see figure 14); the third strap arranged at least partially through the second passageway and the second opening (see figure 14); a first portion of the second strap extends in the first passageway in a circumferential direction (see figure 14).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment, passageway, and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
In regard to claim 2, the combined references teach wherein the first strap further comprises a first temple portion, a second temple portion, and a forehead portion arranged between the first temple portion and the second temple portion (Kennedy: see figures 1-4, strap attachment of first and second strap is at first end of strap, which is proximate the temple protion), wherein the first opening is arranged on, in, along, or proximate to the first temple portion (Iosilevich et al. teaches opening at first end of first strap: see figure 14).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment, passageway, and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
In regard to claim 3, the combined references teach wherein the first passageway and the second passageway are connected forming a single passageway (Iosilevich et al. see figures 14-16 and column 3, lines 13-16).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment, passageway, and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
In regard to claim 5, the combined references teach wherein the second strap comprises a third end fixedly secured to the first strap, and a fourth end (Iosilevich et al. see figures 14, second strap 332 fixedly secured to first strap and having a fourth end: column 4, lines 11-13)(Kennedy teaches the second strap: 14 which clasp 16 has a third end connected to the first strap and a fourth end: see figures 3 and 4).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment, passageway, and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
In regard to claim 6, the combined references teach wherein the third end is arranged in the first passageway (Kennedy teaches the third end connected to the first end of the first strap: see figures 3 and 4)(Iosilevich et al. teaches the third end is arranged in the first passageway and connected to the first strap: see figure 14, strap 332 is sewn to the first passageway 121, column 4, lines 11-13).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment, passageway, and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
In regard to claim 8, Kennedy teaches wherein the portion of the second strap extending through the first opening forms a first loop (see figures 3 and 4, second strap 14 that loops around clasp: 16).
In regard to claim 9, Kennedy teaches wherein, when the second strap (14) is assembled to the first strap (12), the first loop is movable between a loosened state and a tightened state (see figures 3 and 4, strap 14 is attached to clasp 16 that is slidable to change length of loop between tightened and loosened state: paragraph 0021).
In regard to claim 10, Kennedy teaches wherein a portion of the third strap engaged with the second opening forms a second loop (see figures 1 and 2).
In regard to claim 11, Kennedy teaches wherein the second strap (14 with clasp: 16) comprises an elastic portion, and a non-elastic portion (elastic portion is strap: 14, paragraph 0018 and the clasp: 16 is non-elastic, paragraph 0021).
In regard to claim 14, Kennedy teaches further comprising at least one clip (18 or 16) arranged on at least one of the second strap and the third strap (see figures 3 and 4), the at least one clip operatively arranged to slidingly or pivotably secure an electronic device to the headband (operatively arranged to secure electronic device as desired).
In regard to claim 15, Kennedy teaches a headband for mounting one or more electronic devices (see figure 1), comprising: a first strap (12), including: a first end comprising a first passageway; a second end comprising a second passageway (paragraph 0021); a second strap including a third end and a fourth end, the third end fixedly secured to the first strap (strap: 14 connected to adjuster 16, figures 3 and 4) the second strap attached to the first strap and forming a loop (see loop formed by strap 14 and adjuster 16 in figures 3 and 4); and a third strap including a fifth end and a sixth end, the fifth end fixedly secured to the first strap, the third strap attached to the first forming a second loop (strap: 14 looped to clasp 18, figures 3 and 4); and the third strap is operatively arranged to adjustably connect to the second strap to form a secured state of the headband (see figures 1 and 2, connected via loop and clasp: 18).
However, Kennedy fails to specifically teach the openings to the passageways and the connection of the straps within the passageways and through the openings.
Iosilevich et al. teaches a three strap belt (see figures 14-16), wherein a first strap is connected to a second and third strap within passageways to form the belt (first strap: 320, second strap: 332, third strap: other of 332; passageways: 121); wherein a first opening is arranged on, in, along, or proximate to the first end (see figure 14); and a second opening arranged on, in, along, or proximate to the second end (see figure 14); the second strap connected to the first strap (figure 14, column 4, lines 11-16), the second strap arranged at least partially through the first passageway and the first opening (see figure 14); and the third strap connected to the first strap (other of 332: figure 14, column 4, lines 11-16), the third strap arranged at least partially through the second passageway and the second opening (see figure 14); the second strap arranged at least partially through the first passageway and the first opening (see figure 14); the third strap arranged at least partially through the second passageway and the second opening (see figure 14); a first portion of the second strap extends in the first passageway in a circumferential direction (see figure 14).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment, passageway, and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
In regard to claim 17, Kennedy teaches wherein the second strap (14 with 16) is slidingly engaged with the first strap to move the first loop between a first loosened state (loop attachment clip 16 with strap can be loosened), wherein the first loop has a first size, and a first tightened state, wherein the loop has a second size, less than the first size (paragraph 0021). Iosilevich et al. teaches the second strap engaged within the first passageway (see figure 14, strap 332 and attachment in passage way between belt 310: column 3, lines 13-16).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment and passageway and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
In regard to claim 18, the combined references teach wherein the third strap (Kennedy: 14 with clip 18) is slidingly engaged with the second passageway (Iosilevich et al. teaches third strap 332 engaged with second passageway) to move the second loop between a second loosened state and a second tightened state (Kennedy teaches the third strap 14 being elastic which would provide the slidingly engagement of the passageway and the strap to make loop attaching clip 18 tight or loose as force is exerted: paragraph 0018).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment, passageway and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
In regard to claim 19, Kennedy teaches wherein the second strap (14 with clasp: 16) comprises a non- elastic portion arranged proximate the third end (non-elastic portion is slip claps 16 arranged closed to strap 12), and an elastic portion arranged proximate the fourth end (elastic portion at fourth end is loop of elastic strap: 14, paragraph 0018).
In regard to claim 20, the combined references teach wherein the elastic portion (Kennedy: elastic strap 14) extends out of the first passageway past the first end (see figures 3 and 4 of Kennedy) (Iosilevich et al. teaches the passageway and strap arrangement at first end: see figure 14).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the connection of the second and third straps of Kennedy with the attachment, passageway, and opening arrangement as taught by Iosilevich et al., since the connection of the second and third straps within the passageways and extending through the openings of the inner and outer layer of the first strap would provide a secure and aesthetically pleasing attachment of the straps forming the band.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy (US 2018/0103740) and Iosilevich et al. (US 9,339,102) as applied to claim 1 above, and further in view of Grotefend (US 5,806,087).
Kennedy and Iosilevich et al. fail to teach the third strap comprises a hook fastener section, and a loop fastener section.
In regard to claim 13, Grotefend teaches straps that comprises a hook fastener section, and a loop fastener section.
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the third strap of Kennedy and Iosilevich et al. with the hook and loop fastener section as taught by Grotefend, since the third strap of Kennedy and Iosilevich et al. provided with a hook and loop fastener section would provide a belt that has a different adjustment and buckle attachment to provide an adjustable belt with an easy to don and doff buckle attachment.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claim 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found cited in PTO-892 form submitted herewith. The cited prior art to Lin (US 2007/0186455) is of particular relevance to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
Prosecution Insights