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 .
Status of Claims
This Office Action is in response to Claims 1-2, filed July 28, 2025, which are pending in this application.
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 1-2 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.
Claims 1 and 2 are indefinite as each recites, “A method of securing a wind resistant cap… providing a wind resistant cap”. It is unclear if the second instance of “a wind resistant cap” is referring to the same wind resistant cap previously recited or to a different wind resistant cap. Examiner respectfully suggests amending to recite, ““A method of securing a wind resistant cap… providing [[a]] the wind resistant cap”.
Claims 1 and 2 each recites, “a cap body having a brim extending outwardly from the cap body”. It is unclear how the brim is part of the cap body and yet extends outward from the cap body. For purposes of examination, Examiner has interpreted the limitation to mean the cap has a cap body and a brim, and the brim extends outwardly from the cap body.
Claim 1 is indefinite as it recites, “and wherein each of the ends of the strap body is attached to one of the opposing sides of the inner circumference of the cap body”. It is unclear if each of the ends is attached to the same one of the opposing sides of the inner circumference of the cap body or it one end is attached to one side and a second end is attached to a second side.
Claim 2 is indefinite as it recites, “wherein each a first one of the ends of the strap body is attached to a first one of the opposing sides of the inner circumference of the cap body”. As the limitation recites, “each”, it is unclear if there is more than one of a first one of the ends or if “each” is simply a grammatical error. Examiner respectfully suggests amending to recite, “wherein [[each]] a first one of the ends of the strap body is attached to a first one of the opposing sides of the inner circumference of the cap body”.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US 4993079).
Regarding claim 1, Johnson discloses a method of securing a wind resistant cap (22) on a head (30) across a forehead (26) of a user (as disclosed in col. 4, lines 62-68), the method comprising the steps of: providing a wind resistant cap (22) comprising: a cap body (crown, see annotated Fig. 2 plus inner band 24) having a brim extending outwardly from the cap body (see annotated Fig. 2), the cap body having an inner circumference (circumference around 24) that includes a front portion adjacent the brim, a rear portion, and opposing sides (see annotated Fig. 2); a securing strap (10) having a strap body (as 10 is the body) that extends to ends (32 on the first and second side); and wherein each of the ends of the strap body is attached to one of the opposing sides of the inner circumference of the cap body (via 14a/16a and 14C/16c), such that the strap body extends across the front portion of the inner circumference of the cap body (as understood from Fig. 2); positioning the cap body on the head of the user (see col. 6, lines 1-12), such that the strap body is positioned across the forehead of the user (as understood from Fig. 2); and subjecting the wind resistant cap to sufficient wind to blow the cap body off the user's head, wherein the securing strap remains secured across the forehead of the user to retain the cap body so that it is not blown off the user's head (see col. 2, lines 59-61, col. 3, lines 17-35, col. 6, lines 39-51).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Clingenpeel (US 5855023).
Regarding claim 2, Johnson discloses a method of securing a wind resistant cap (22) on a head (30) across a forehead (26) of a user (as disclosed in col. 4, lines 62-68), the method comprising the steps of: providing a wind resistant cap (22) comprising: a cap body (crown, see annotated Fig. 2 plus inner band 24) having a brim extending outwardly from the cap body (see annotated Fig. 2), the cap body having an inner circumference (circumference around 24) that includes a front portion adjacent the brim, a rear portion, and opposing sides (see annotated Fig. 2); a securing strap (10) having a strap body (as 10 is the body) that extends to ends (32 on the first and second side);
wherein the securing strap is constructed of an inelastic material (see col. 5, lines 3-5 where the strap is stretchable and claim 1 where the strap is elastic); and wherein each a first one of the ends of the strap body is attached to a first one of the opposing sides of the inner circumference of the cap body (via 14a/16a), and a second one of the ends of the strap body is attached to a second one of the opposing sides of the inner circumference of the cap body (via 14b/16b), such that wherein the strap body extends entirely across the front portion of the inner circumference of the cap body (as understood from Fig. 2), and wherein the securing strap directly abuts the front portion of the inner circumference (as understood from Fig. 2); positioning the cap body on the head of the user (see col. 6, lines 1-12), such that the strap body is positioned across the forehead of the user (as understood from Fig. 2); and subjecting the wind resistant cap to sufficient wind to blow the cap body off the user's head, wherein the securing strap remains secured across the forehead of the user to retain the cap body so that it is not blown off the user's head (see col. 2, lines 59-61, col. 3, lines 17-35, col. 6, lines 39-51).
Johnson does not expressly disclose wherein the strap body extends entirely across an entirety of a width of the brim.
Clingenpeel teaches a cap created for windy conditions wherein the strap body (18) extends entirely across an entirety of a width of the brim (as seen in Figs. 2 and 4).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make modify the brim of the cap of Johnson such that the strap body extends entirely across an entirety of a width of the brim, as taught by Clingenpeel, in order to off the wearer are more modern and casual hat to wear to sporting events and fit in with others.
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Annotated Fig. 2 (Johnson)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, Dales (US 1354892) and Wolff (US 1685263) each teaches a hat with a strap device for retaining the hat in windy conditions, Fischer (US 2286202) teaches a hat with an inner securing strap.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEATHER MANGINE, Ph.D. whose telephone number is (571)270-0673. The examiner can normally be reached Monday-Friday 8AM-4PM.
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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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/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732