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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 10, 18, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The phrase “at least one of heat or pressure” is unclear because a heat press is used to attach a decal to a hat.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kenny et al. (GB 2535733) in view of Valverde (US 2017/0013902)
With respect to claims 1, 9-11, and 13, Kenny et al. teach a method of applying a decal for a hat, the method comprising:
providing a material sheet comprising a decal material, the decal material comprising a first side having a printed design and a second side having an adhesive surface (page 6, 1st paragraph);
forming a decal shaped and sized for a hat (page 5, 2nd paragraph), the forming comprising cutting the decal from the material sheet using the decal template (page 6, 2nd paragraph); and
applying the decal to the hat using a heat press (page 1, 3rd paragraph).
Kenny et al. teach applying a decal to a hat, but not specifically a brim of a hat according to a template. However, Valverde teaches applying a decal to a brim of a hat according to a template (paragraph 0036). If the template is shown on a computer, then one of ordinary skill of ordinary skill in the art would be able to utilize the design on the computer in forming the hat product (Figures 2 and 3).
With respect to claim 2, Kenny et al. teach that the material sheet comprises the backing material laminated to the second side of the decal material (page 13, 1st paragraph).
With respect to claim 3, Kenny et al. teach that the backing material comprises a polyester material (page 13, 2nd paragraph).
With respect to claim 4, Kenny et al. teach the decal material comprises a heat transfer vinyl material (page 1, 5th paragraph).
With respect to claim 5, it would have been obvious to provide the first adhesive is a heat-activated adhesive, to activate the adhesive when a heat press is used.
With respect to claim 6, the particular nature of an adhesive employed, its composition, and/or physical properties would have been obvious to one having ordinary skill in the art based on considerations of cost, availability, bond strength, mode of application or environmental preference. Typically, selection of the proper adhesive may be achieved in the course of routine experimentation, by reference to standard technical literature (e.g., Adhesive Age trade magazine, Adhesive Handbook), or through consultation with industrial or specialty adhesive suppliers (e.g. Dupont, Dura, Loctite, Lord, etc.)
With respect to claim 8, it would have been obvious to provide the backing material laminated to the other side of the decal material, which comprises a first adhesive, so the first adhesive is protected until it first adhesive is ready for application.
With respect to claim 12, it would have been obvious to further comprise stitching, using an embroidery machine, on the dome of the hat, to secure the image onto a hat (Valverde: paragraph 0017).
5. Claims 14-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kenny et al. (GB 2535733) in view of Valverde (US 2017/0013902)
With respect to claims 14, 17-19, and 21, Kenny et al. teach a method of applying a decal for a hat, the method comprising:
providing a material sheet comprising a decal material, the decal material comprising a first side having a printed design and a second side having an adhesive surface (page 6, 1st paragraph);
forming a decal shaped and sized for a hat (page 5, 2nd paragraph), the forming comprising cutting the decal from the material sheet using the decal template (page 6, 2nd paragraph); and
applying the decal to the hat using a heat press (page 1, 3rd paragraph).
Kenny et al. teach applying a decal to a hat, but not specifically a brim of a hat according to a template. However, Valverde teaches applying a decal to a brim of a hat according to a template (paragraph 0036). If the template is shown on a computer, then one of ordinary skill of ordinary skill in the art would be able to utilize the design on the computer in forming the hat product (Figures 2 and 3).
With respect to claim 15, Kenny et al. teach the decal material comprises a heat transfer vinyl material (page 1, 5th paragraph).
With respect to claim 16, it would have been obvious to provide the first adhesive is a heat-activated adhesive, to activate the adhesive when a heat press is used.
With respect to claim 20, it would have been obvious to further comprise stitching, using an embroidery machine, on the dome of the hat, to secure the image onto a hat (Valverde: paragraph 0017).
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 SONYA M SENGUPTA whose telephone number is (571)272-6019. The examiner can normally be reached Monday-Friday, 9:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SONYA M SENGUPTA/Primary Examiner, Art Unit 1745
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