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 Invention I in reply to the Restriction/Election Requirement Filed on 27 April 2026 is acknowledged. The traversal is on the grounds that the search of all of the Applicant’s embodiments would prove no undue burden on the Examiner and since claims 1 and 7 encompass the same structures and essentially the same limitations, and since claim 7 has been amended to depend from claim 1.
The Examiner agrees and withdraws the restriction/election requirement of 10 April 2026.
Accordingly, claims 1-12 are pending in the application and an action on the merits follows.
Drawings
The drawings are objected to because Figures 1A-2C, 3A-5C, and 6C-7C are black and white photographs. Black and white photographs are not ordinarily permitted in utility patent applications unless there is no other practicable medium for illustrating the claimed invention. Based on Figures 2D and 6A-6B, which are black and white drawings, the claimed invention of this application is capable of being shown as a series of drawings. It is also noted that dark shading within the drawings is not acceptable. Each claimed aspect of the invention must be clear, visible, and appropriately marked within the drawings for the understanding of the subject matter sought to be patented. See 37 C.F.R. 1.84(b)(2).
Photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via EFS-Web or three sets of color drawings or color photographs, as appropriate, if not submitted via EFS-Web, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one photograph drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Claim Rejections - 35 USC § 112(b)
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.
Claim(s) 1, 3-7, and 9 (and claims 2, 8, and 10-12 at least for depending from a rejected claim) is/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.
Independent Claim 1 does not contain a transitional phrase such as “comprising”, “consisting of”, or “consisting essentially of”, therefore the limit(s) and scope of the claim is/are unclear with respect to what unrecited additional components or steps, if any, are excluded from the scope of the claim. It is unclear if the invention is a hat front panel or a hat front panel forming a portion of a hat. For examination purposes, the claim is being interpreted as, “a hat front panel forming a portion of a hat comprising the front panel being [[and]] configured with a.” See MPEP 2111.03.
Independent Claim 1 is/are indefinite as it/they recite(s) “a hat front panel forming a front portion of a hat and configured with a first panel buckram and a second panel buckram, a buckram and a panel by thermal bonding, wherein the first panel buckram is configured by attaching a first buckram and a first panel, wherein the second panel buckram is configured by attaching a second buckram and a second panel, wherein, when the first panel buckram and the second panel buckram are combined with each other by first sewing, each seam allowance is configured by removing a buckram, so that, when the first panel buckram and the second panel buckram are sewn to each other, a first sewing line, which is a sewing connection line formed on a sewing surface, is configured so that there is no loosening and protrusion, wherein, in order to cover seam allowances around the first sewing line on a rear surface of the hat front panel, double-needle sewing as second sewing is performed using a sewing finish tape, and wherein the hat front panel is configured to maintain a flat surface on left and right sides of the first sewing line so as to eliminate a defect rate of embroidery and printing works on the hat front panel It is unclear if the hat front panel or the front portion are configured with the first panel, second panel, buckram, and panel, or if the hat front panel or the front portion have different parts of the subsequent structures. Further, it is unclear if “a hat front panel forming a front portion of a hat and configured with a first panel buckram and a second panel buckram, a buckram and a panel by thermal bonding,” means that the hat front panel has all of the subsequent structures or if the hat front panel has only the first panel buckram and the second panel buckram, or if the hat front panel is formed from a front portion that is made up of a first and a second panel buckram. Further, it unclear if the hat front panel is actually more than one panel joined together (such that the first panel buckram and the second panel buckram are two panels joined together on an edge, not layered one on top of the other). Further, it is unclear if the buckram and the panel are both by thermal bonding or just the panel alone. Further, it is unclear what “by bonding” means. Further, it is unclear if the second recitation of “a buckram” is the same or different structure than the first recitation of “a buckram.” Further, it is unclear if the first panel buckram and the second panel buckram are made of the “a buckram and a panel”, or if the “a buckram and a panel” are different structures than the first panel buckram and the second panel buckram. Further, it is unclear what it means to “remove a buckram”; it is unclear if this means that the entire buckram is removed or a portion of the buckram. Further, it is unclear what is meant by “eliminate the defect rate of the embroidery and the printing works on the hat front panel”. Further, “eliminate the defect rate of the embroidery and the printing works on the hat front panel” lacks antecedence in the claim as there is no “a defect rate,” “an embroidery (works)”, nor “a printing works” previously recited. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “a hat front panel forming a front portion of a hat comprising the front panel being [[and]] configured with a first panel buckram and a second panel buckram, and the first panel buckram and the second panel buckram each created by a buckram and a panel attached together by thermal bonding[[,]]; wherein the first panel buckram is configured by attaching a first buckram and a first panel[[,]]; wherein the second panel buckram is configured by attaching a second buckram and a second panel[[,]]; wherein[[,]] when the first panel buckram and the second panel buckram are combined with each other by a first sewing, each seam allowance is configured by removing [[a]] the buckram[[,]] so that[[,]] when the first panel buckram and the second panel buckram are sewn to each other, a first sewing line, which is a sewing connection line formed on a sewing surface, is configured so that there is no loosening and protrusion[[,]]; wherein, in order to cover seam allowances around the first sewing line on a rear surface of the hat front panel, double-needle sewing as a second sewing is performed using a sewing finish tape, and wherein the hat front panel is configured to maintain a flat surface on a left and right sides of the first sewing line so as to eliminate [[the]]a defect rate of [[the]]an embroidery and [[the]]a printing works on the hat front panel.” And wherein “removing a buckram” is removing a portion of the buckram.
Claim 3 is/are indefinite as it/they recite(s) “wherein a melting tape is configured inside together with the sewing finish tape, double-needle sewing is performed, and an area of the melting tape is thermally compressed in a thermocompression bonding device to couple the first buckram and the second buckram to each other due to melting of the melting tape, so that shape stability is enhanced and an attractive appearance is provided.” It is unclear if “double-needle sewing” is the same as the previously recited “double-needle sewing” of claim 1, or a new/different procedure. Further, it is unclear what defines the metes and bounds of “an attractive appearance” Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein a melting tape is configured inside together with the sewing finish tape, the double-needle sewing is performed, and an area of the melting tape is thermally compressed in a thermocompression bonding device to couple the first buckram and the second buckram to each other due to melting of the melting tape, so that shape stability is enhanced and an attractive appearance is provided”, and wherein “an attractive appearance is provided” is treated as functional language.
Claim(s) 3-6 is/are indefinite as it/they recite(s) “a hat”. It is unclear if this is a new/different structure than the “a hat” previously recited in claim 1. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “[[A]] The hat configured”.
Claim 7 is/are indefinite as it/they recite(s) “a method for making the hat front panel of claim 1 forming the front portion of the hat and configured with the first panel buckram and the second panel buckram, the method comprising: buckram and the panel by thermal bonding, configuring the first panel buckram by attaching the first buckram and the first panel, configuring the second panel buckram by attaching the a-second buckram and the a-second panel, combining the first panel buckram and the second panel buckram with each other by the first sewing, wherein each seam allowance is configured by removing the buckram, so that, when the first panel buckram and the second panel buckram are sewn to each other, the first sewing line, which is the sewing connection line formed on the sewing surface, is configured so that there is no loosening and protrusion, in order to cover the seam allowances around the first sewing line on the rear surface of the hat front panel, performing the double-needle sewing as the second sewing using the sewing finish tape, and configuring the hat front panel to maintain the flat surface on the left and right sides of the first sewing line so as to eliminate the defect rate of the embroidery and the printing works on the hat front panel.” It is unclear if the hat front panel or the front portion are configured with the first panel, second panel, buckram, and panel, or if the hat front panel or the front portion have different parts of the subsequent structures. Further, it is unclear if “a hat front panel forming a front portion of a hat and configured with a first panel buckram and a second panel buckram, a buckram and a panel by thermal bonding,” means that the hat front panel has all of the subsequent structures or if the hat front panel has only the first panel buckram and the second panel buckram, or if the hat front panel is formed from a front portion that is made up of a first and a second panel buckram. Further, it unclear if the hat front panel is actually more than one panel joined together (such that the first panel buckram and the second panel buckram are two panels joined together on an edge, not layered one on top of the other). Further, it is unclear if the buckram and the panel are both by thermal bonding or just the panel alone. Further, it is unclear what “by bonding” means. Further, it is unclear if the second recitation of “a buckram” is the same or different structure than the first recitation of “a buckram.” Further, it is unclear if the first panel buckram and the second panel buckram are made of the “a buckram and a panel”, or if the “a buckram and a panel” are different structures than the first panel buckram and the second panel buckram. Further, it is unclear what it means to “remove the buckram”; it is unclear if this means that the entire buckram is removed or a portion of the buckram. Further, it is unclear what is meant by “eliminate the defect rate of the embroidery and the printing works on the hat front panel”. Further, “eliminate the defect rate of the embroidery and the printing works on the hat front panel” lacks antecedence in the claim as there is no “a defect rate,” “an embroidery (works)”, nor “a printing works” previously recited. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “a method for making the hat front panel of claim 1 forming the front portion of the hat and configured with the first panel buckram and the second panel buckram, the method comprising: the first panel buckram and the second panel buckram each created by the buckram and the panel attached together by thermal bonding[[,]]; configuring the first panel buckram by attaching the first buckram and the first panel[[,]]; configuring the second panel buckram by attaching the second buckram and the second panel, then combining the first panel buckram and the second panel buckram with each other by the first sewing[[,]]; wherein each seam allowance is configured by removing the buckram[[,]] so that[[,]] when the first panel buckram and the second panel buckram are sewn to each other, the first sewing line, which is the sewing connection line formed on the sewing surface, is configured so that there is no loosening and protrusion[[,]] and in order to cover the seam allowances around the first sewing line on the rear surface of the hat front panel, is performed as the second sewing using the sewing finish tape, and the second sewing using the finish tap configures a defect rate of [[the]]an embroidery and [[the]]a printing works on the hat front panel.” And wherein “removing the buckram” is removing a portion of the buckram.
Claim 9 is/are indefinite as it/they recite(s) “wherein a melting tape is configured inside together with the sewing finish tape, double-needle sewing is performed, and an area of the melting tape is thermally compressed in a thermocompression bonding device to couple the first buckram and the second buckram to each other due to melting of the melting tape, so that shape stability is enhanced and an attractive appearance is provided.” It is unclear if “double-needle sewing” is the same as the previously recited “double-needle sewing” of claim 1, or a new/different procedure. Further, it is unclear what defines the metes and bounds of “an attractive appearance” Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein a melting tape is configured inside together with the sewing finish tape, the double-needle sewing is performed, and an area of the melting tape is thermally compressed in a thermocompression bonding device to couple the first buckram and the second buckram to each other due to melting of the melting tape, so that shape stability is enhanced and an attractive appearance is provided”, and wherein “an attractive appearance is provided” is treated as functional language.
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(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stogner US 5704070 in view of Burnet US 20130263357, further in view of Okot US 20040221368.
Regarding Independent Claim 1, Stogner discloses a hat front panel (Figs. 1-11 #14/16) forming a front portion (Fig. 1) of a hat (Fig. 1 #10) and configured with a first panel buckram (Figs. 1-11 #16) and a second panel buckram (Figs. 1-11 #14), a buckram (Col. 1:48-51) and a panel (Col. 1:48-51) bound together (Figs. 1-11), wherein the first panel buckram is configured by attaching a first buckram and a first panel (Col. 1:48-51, Col. 2:28-50), wherein the second panel buckram is configured by attaching a second buckram and a second panel (Col. 1:48-51, Col. 2:28-50), wherein, when the first panel buckram and the second panel buckram are combined with each other by first sewing (Col. 2:28-50), so that, when the first panel buckram and the second panel buckram are sewn to each other (Col. 2:28-50), a first sewing line (Fig. 5 #30), which is a sewing connection line formed on a sewing surface (Fig. 5), is configured so that there is no loosening and protrusion (Fig. 1), wherein, in order to cover seam allowances around the first sewing line on a rear surface of the hat front panel, double-needle sewing as second sewing is performed using a sewing finish tape (Figs. 7 & 10), and wherein the hat front panel is configured to maintain a flat surface on left and right sides of the first sewing line (Figs. 1-10 show flat seams).
Stogner does not expressly disclose the buckram and panel are bound by thermal bonding, that each seam allowance is configured by removing a buckram, and that the hat front panel is configured to maintain the flat surface on the sewing lines specifically so as to eliminate a defect rate of embroidery and printing works on the hat front panel.
Burnet teaches a method of manufacturing a hat (Abstract; Figs. 1-8B), wherein two panels (Figs. 1-8B #O1/O2) are bound by thermal bonding (¶0029), and that the hat front panel is configured to maintain the flat surface on the sewing lines specifically so as to eliminate a defect rate of embroidery and printing works on the hat front panel (¶0008, 0030, 0070).
Both Stogner and Burnet teach analogous inventions in the art of manufacturing hats. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Stogner with the teachings of Burnet such that the panels would be bound by thermal bonding since thermal bonding is resilient and permanent. Further, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Stogner with the teachings of Burnet such that the hat front panel is configured to maintain the flat surface on the sewing lines specifically so as to eliminate a defect rate of embroidery and printing works on the hat front panel so that manufacturing costs are kept low as there will not be a need to replace misprinted hats.
The modified hat front panel of Stogner does not expressly disclose that each seam allowance is configured by removing a buckram.
Okot teaches a method of manufacturing a hat (Figs. 1-16 #10) wherein each seam allowance is configured by removing a buckram (¶0045).
Both Stogner (as modified by Burnet) and Okot teach analogous inventions in the art of manufacturing hats. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Stogner (as modified by Burnet) with the teachings of Okot such that the seam allowance buckram is removed in order to provide a consistent, uniform seam without bumps.
Examiner notes that italicized limitations in the Prior Art rejections are functional and do not positively recite a structural limitation, but instead require the ability of the structure to perform and/or function. As the Prior Art of Stogner discloses the structure of the hat, there would be a reasonable expectation for the hat to perform such functions as explained after each functional limitation.
Regarding Claim 2, the modified hat front panel of Stogner discloses the hat front panel according to claim 1, wherein: the first buckram and the first panel are thermally bonded to each other in a thermal bonding device (Burnet ¶0029), and the second buckram and the second panel are also thermally bonded to each other in the thermal bonding device (Burnet ¶0029). Further, it is noted that “bonded to each other in a thermal bonding device” recites a product-by-process limitation. Even though product-by process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. See MPEP 2113. As the modified hat front panel of Stogner disclose(s) the claimed structure, the process by which the product is obtained is not germane to the issue of patentability.
Regarding Claim 3, the modified hat front panel of Stogner discloses the hat front panel according to claim 1, wherein a melting tape is configured inside together with the sewing finish tape (Cho ¶0012-0015, 0028-0036), double-needle sewing is performed (Cho ¶0012-0015, 0028-0036), and an area of the melting tape is thermally compressed in a thermocompression bonding device to couple the first buckram and the second buckram to each other due to melting of the melting tape, so that shape stability is enhanced and an attractive appearance is provided (Burnet ¶0029). wherein: the first buckram and the first panel are thermally bonded to each other in a thermal bonding device (Burnet ¶0029), and the second buckram and the second panel are also thermally bonded to each other in the thermal bonding device (Burnet ¶0029). Further, it is noted that “an area of the melting tape is thermally compressed in a thermocompression bonding device to couple the first buckram and the second buckram to each other due to melting of the melting tape” recites a product-by-process limitation. Even though product-by process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. See MPEP 2113. As the modified hat front panel of Stogner disclose(s) the claimed structure, the process by which the product is obtained is not germane to the issue of patentability.
Regarding Claim 4, the modified hat front panel of Stogner discloses a hat configured using the hat front panel according to claim 1 (Figs. 1-11).
Regarding Claim 5, the modified hat front panel of Stogner discloses a hat configured using the hat front panel according to claim 2 (Figs. 1-10).
Regarding Claim 6, the modified hat front panel of Stogner discloses a hat configured using the hat front panel according to claim 3 (Figs. 1-10).
Regarding Claim 7, the modified hat front panel of Stogner discloses a method for making the hat front panel (Abstract) of claim 1 forming the front portion of the hat and configured with the first panel buckram (Figs. 1-11 #16) and the second panel buckram (Figs. 1-11 #14), the method comprising: buckram (Col. 1:48-51) and the panel (Col. 1:48-51) by bonding (Figs. 1-11), configuring the first panel buckram by attaching the first buckram and the first panel (Col. 1:48-51, Col. 2:28-50), configuring the second panel buckram by attaching the second buckram and the second panel (Col. 1:48-51, Col. 2:28-50), combining the first panel buckram and the second panel buckram with each other by the first sewing (Col. 2:28-50), so that, when the first panel buckram and the second panel buckram are sewn to each other, the first sewing line (Fig. 5 #30), which is the sewing connection line formed on the sewing surface (Figs. 1-10), is configured so that there is no loosening and protrusion (Fig. 1), in order to cover the seam allowances around the first sewing line on the rear surface of the hat front panel, performing the double-needle sewing as the second sewing using the sewing finish tape (Figs. 7 & 10), and configuring the hat front panel to maintain the flat surface on the left and right sides of the first sewing line (Figs. 1-10 show flat seams).
Stogner does not expressly disclose the buckram and panel are bound by thermal bonding, that each seam allowance is configured by removing the buckram, and that the hat front panel is configured to maintain the flat surface on the sewing lines specifically so as to eliminate a defect rate of embroidery and printing works on the hat front panel.
Burnet teaches a method of manufacturing a hat (Abstract; Figs. 1-8B), wherein two panels (Figs. 1-8B #O1/O2) are bound by thermal bonding (¶0029), and that the hat front panel is configured to maintain the flat surface on the sewing lines specifically so as to eliminate a defect rate of embroidery and printing works on the hat front panel (¶0008, 0030, 0070).
Both Stogner and Burnet teach analogous inventions in the art of manufacturing hats. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Stogner with the teachings of Burnet such that the panels would be bound by thermal bonding since thermal bonding is resilient and permanent. Further, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Stogner with the teachings of Burnet such that the hat front panel is configured to maintain the flat surface on the sewing lines specifically so as to eliminate a defect rate of embroidery and printing works on the hat front panel so that manufacturing costs are kept low as there will not be a need to replace misprinted hats.
The modified hat front panel of Stogner does not expressly disclose that each seam allowance is configured by removing a buckram.
Okot teaches a method of manufacturing a hat (Figs. 1-16 #10) wherein each seam allowance is configured by removing a buckram (¶0045).
Both Stogner (as modified by Burnet) and Okot teach analogous inventions in the art of manufacturing hats. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Stogner (as modified by Burnet) with the teachings of Okot such that the seam allowance buckram is removed in order to provide a consistent, uniform seam without bumps.
Regarding Claim 8, the modified hat front panel of Stogner discloses the method according to claim 7, wherein: the first buckram and the first panel are thermally bonded to each other in a thermal bonding device (Burnet ¶0029), and the second buckram and the second panel are also thermally bonded to each other in the thermal bonding device (Burnet ¶0029). Further, it is noted that “bonded to each other in a thermal bonding device” recites a product-by-process limitation. Even though product-by process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. See MPEP 2113. As the modified hat front panel of Stogner disclose(s) the claimed structure, the process by which the product is obtained is not germane to the issue of patentability.
Regarding Claim 9, the modified hat front panel of Stogner discloses the method according to claim 7, wherein a melting tape is configured inside together with the sewing finish tape (Burnet ¶0029), double-needle sewing is performed (Figs. 7 & 10), and an area of the melting tape is thermally compressed in a thermocompression bonding device to couple the first buckram and the second buckram to each other due to melting of the melting tape, so that shape stability is enhanced and an attractive appearance is provided (Col. 1:48-51, Col. 2:28-50).
Regarding Claim 10, the modified hat front panel of Stogner discloses the method according to claim 7, further comprising making the hat using the hat front panel Figs. 1-10).
Regarding Claim 11, the modified hat front panel of Stogner discloses the method according to claim 8, further comprising making the hat using the hat front panel (Figs. 1-10).
Regarding Claim 12, the modified hat front panel of Stogner discloses the method according to claim 9, further comprising making the hat using the hat front panel (Figs. 1-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cho US 20120272432 teaches a hat shaping method
Rogers US 20070130669 teaches a hat
Wang US 20060112475 teaches a hat stiffening method
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQUEL M. WEIS whose telephone number is 571-272-6804. The examiner can normally be reached Mon-Fri: 0800-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALISSA J. TOMPKINS can be reached on 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732
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