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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06 March 2026 has been entered.
Response to Amendment
Applicant’s amendment, received 06 March 2026, is reviewed and entered. This Office Action is a non-final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1, 5
Canceled
6-8
Pending
1-5
Presented for Examination
1-5
Response to Arguments
Applicant's arguments filed 06 March 2026 have been fully considered but they are not persuasive.
Drawing Objections, Specification Objections, Claim Objections
Overcome by the amendments and withdrawn.
103 Rejections
The arguments are drawn to newly amended subject matter, which is addressed in the rejections below.
Election/Restrictions
Applicant’s election of Species A, a scarf shown in figs 1-7, corresponding to claims 1-5 in the reply filed on 06 March 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The requirement is made final.
Claim Interpretation
Claim 1 further defines the keyhole as being defined by “front and back flaps.” The claimed front and back flaps appear correspond to the disclosed “first 142 and second 144 sides.”
One of ordinary skill in the art would expect a flap to be “a piece of something thin, such as cloth, paper, or metal, hinged or attached only on one side, that covers an opening or hangs down from something” (see attached Oxford Languages first noun definition of “flap”) which is different from how Applicant is using the term flap. Applicant is using the term flap to define a piece of material that is attached on two sides (claim 1, “connected along top and bottom edges”) and is synonymous with the terms face (para. 0064, 00112), side (para. 0064), and wall (para. 0064).
For the purpose of applying art, Examiner is interpreting a flap as an element having the claimed flap structure.
Claim Rejections - 35 USC § 102
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tawfik (US 7467423 B1).
As to claim 1, Tawfik discloses a scarf (garment 10), comprising:
a length of fabric having first and second ends (FIG 2; col 7 line 15-20 discloses fabric), the length of fabric defining a longitudinal axis (FIG 2);
a pocket provided proximate the first end (FIG 3A, the two plies of 12 form a pocket to receive the edges of the inner ply of 14; see annotated portion of FIG 3A below), the pocket including front and back sides closed along left, right and bottom edges (FIGS 1-2 show the closed left and right edges and annotated portion of FIG 3A below shows the front and back sides and top and bottom edges), the pocket including an opening along a top edge of the pocket with the top edge being perpendicular to the longitudinal axis of the scarf (see annotated portion of FIG 3A below); and
a keyhole provided immediately above the pocket (first muff 14), the keyhole being defined by front and back flaps connected along a keyhole top edge (FIG 3A shows the top edge is between 14 and 20), the keyhole top edge being parallel to the pocket top edge (FIGS 1-3A), wherein the front and back flaps are not joined to each other being open along keyhole left and right edges defining a keyhole opening (FIGS 1-3A), and wherein a the bottom edge of each of the keyhole front and back flaps is coincident with being connected to the pocket top edge forming the pocket opening (FIG 3A shows the bottom edge between 12 and 14, the bottom edge is within the pocket),wherein the second end of the scarf is being adapted to be inserted into the keyhole opening through one of the keyhole opening left and right edges and out of the other the keyhole opening right and left edges (capable of being inserted, due to the dimensions and flexibility of the fabric), and wherein the pocket is being adapted to be accessed only through the keyhole opening and the pocket opening (capable of being accessed), the keyhole and pocket forming a keyhole-pocket assembly.one contiguous open space (FIGS 1-3A).
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As to claim 2, Tawfik discloses the scarf of claim 1, wherein the pocket can be accessed using only one hand of a user (capable of being accessed).
As to claim 3, Tawfik discloses the scarf of claim 1, wherein the pocket can be accessed by either hand of the user (capable of being accessed).
As to claim 4, Tawfik discloses the scarf of claim 1, wherein the scarf is reversible (capable of being reversed).
As to claim 5, Tawfik discloses the scarf of claim 1, wherein the pocket comprises a first pocket, the keyhole comprises a first keyhole, and the keyhole-pocket assembly comprises a first keyhole-pocket assembly (FIG 2 shows there is a first keyhole assembly on the right side of FIG 2 and a second keyhole assembly on the left side of FIG 2); and wherein the scarf further comprises at least a second keyhole-pocket assembly having including a second pocket and second keyhole (FIG 2 shows there is a first keyhole assembly on the right side of FIG 2 and a second keyhole assembly on the left side of FIG 2).
Claim Rejections - 35 USC § 102
Claim(s) 1-5 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitchell (US 10499696 B2).
As to claim 1, Mitchell discloses a scarf (support article 10), comprising:
a length of fabric having first and second ends (elongated structure 12, and col 7 line 5-10 discloses fabric), the length of fabric defining a longitudinal axis (fig 1);
a pocket provided proximate the first end (pockets 42, see annotated FIG 1 below), the pocket including front and back sides closed along left, right and bottom edges (col 5 line 60-col 6 line 20 describes the pocket structure, which is identical to the claimed pocket structure), the pocket including an opening along a top edge of the pocket with the top edge being perpendicular to the longitudinal axis of the scarf (46); and
a keyhole provided immediately above the pocket (22 and/ or 32, see annotated FIG 1 below), the keyhole being defined by front and back flaps connected along a keyhole top edge (flaps 24/26 and top edge at 28 which is closed by stitching 30 or “adhesive, bonding, heat staking, hook and loop fasteners, hooks, snaps or any combination or any practical and/or readily appreciable alternative thereof” as disclosed in col 4 line 65 to col 5 line 5; see annotated FIG 1 below), the keyhole top edge being parallel to the pocket top edge (see FIGS, 28 is parallel to 46),
wherein the front and back flaps are not joined to each other along keyhole left and right edges defining a keyhole opening (FIGS 1 and 4-11),
wherein the second end of the scarf is adapted to be inserted into the keyhole opening through one of the keyhole left and right edges and out the other of the keyhole right and left edges (capable of being inserted, because the keyhole left and right edges are longer than the scarf is wide, and the width of the scarf is narrow enough to be capable of being inserted into the opening between the keyhole left and right edges), and
wherein the pocket is adapted to be accessed only through the keyhole opening and pocket opening (capable of being accessed and intended to be accessed, as the pocket opening is the only intended access to the pocket interior), the keyhole and pocket forming a keyhole-pocket assembly (see FIGS).
Mitchell does not disclose and wherein a bottom edge of each of the front and back flaps is coincident with the pocket top edge forming the pocket opening.
The bottom edge at 28/ 30 is parallel and closely spaced to the pocket top edge at 46, but the edges are not coincident. Mitchell FIG 1 does disclose the bottom edge of the flap is coincident with the bottom edge of the pocket, so positioning the pocket to have an edge coincident with a flap edge is within the scope of the reference.
One of ordinary skill would recognize that a simple change in pocket position or size would result in “a bottom edge of each of the front and back flaps is coincident with the pocket top edge forming the pocket opening.” For example, positioning the pocket closer to the keyhole until the 46 reaches 28/30, would yield the claim limitation, and would be desirable depending on the intended aesthetics. For another example, the providing a taller pocket so that the bottom edge of the pocket remains in position but the top edge extends to 28/30 would also yield the claim limitation, and would be desirable for providing storage for more objects and/ or longer objects.
Therefore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to lengthen the pocket so it extends all the way to 28/30, resulting in a bottom edge of each of the front and back flaps is coincident with the pocket top edge forming the pocket opening, in order to provide storage for more objects and/ or longer objects.
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As to claim 2, Mitchell discloses the scarf of claim 1, wherein the pocket can be accessed using only one hand of a user (capable of being accessed).
As to claim 3, Mitchell discloses the scarf of claim 1, wherein the pocket can be accessed by either hand of the user (capable of being accessed).
As to claim 4, Mitchell discloses the scarf of claim 1, wherein the scarf is reversible (capable of being reversed).
As to claim 5, Mitchell discloses the scarf of claim 1, wherein the pocket comprises a first pocket, the keyhole comprises a first keyhole, and the keyhole-pocket assembly comprises a first keyhole-pocket assembly (as shown in FIG 1, the scarf has a first keyhole-pocket assembly on the left side of the figure and a second key-hole pocket assembly on the right side of the figure); and wherein the scarf further comprises at least a second keyhole-pocket assembly having a second pocket and second keyhole (as shown in FIG 1, the scarf has a first keyhole-pocket assembly on the left side of the figure and a second key-hole pocket assembly on the right side of the figure).
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.
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, Clinton 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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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732