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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09-19-2025 is acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Species I in the reply filed on 03-20-2026 is acknowledged. The traversal is on the ground(s) that the restriction requirement said “no claim is generic” but claim 1 is generic. This is not found persuasive because even though claim 1 is generic, but there are still 3 different species in the application.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1-15 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.
Claim 1 is rejected because it recites limitations “a capillary-like structure”. The limitations are vague and indefinite because it creates a question that what is the capillary shape.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
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) 1-4 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parker (2013/0199562) in view of Mina (2009/0144878).
Regarding claims 1 and 4, Parker teaches an article of headwear (figs 1-8), comprising:
a first polyester mesh fabric layer is configured to contact a head of a user, the first polyester mesh fabric layer includes a first plurality of holes that extend completely therethrough and are configured so that moisture from the head of the user can propagate through the first plurality of holes (para 0032);
a moisture activated cooling mesh fabric layer is configured to absorb moisture from the head of the user, the moisture activated cooling mesh fabric layer arranged in a capillary-like structure (301) that absorbs moisture from the head of the user and distributes moisture throughout the moisture activated cooling mesh fabric layer (para 0032); and
a second polyester mesh fabric layer is configured to evaporate moisture from the head of the user to the surrounding atmosphere (para 0032 and 0048).
Parker does not teach the moisture activated cooling mesh fabric layer includes nylon and polyester yarns.
Mina teach a textile material being constructed of substantially 55% nylon yarn and substantially 45% polyester yarn (para 0035 to 0037 and claim 6).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the material of Parker by using the material of Mina in order to provide better softness and good capacity of absorption.
Regarding claim 2, the combined structure Parker-Mina discloses each of the first plurality of holes has a first opening size with a diameter in a range of 2.5 mm to 3.5 mm (Parker, para 0048) and is configured so that moisture can propagate through the first plurality of holes from the head of the user to the moisture activated cooling mesh fabric layer.
Regarding claim 3, the combined structure Parker-Mina discloses each of the first and second polyester mesh fabric layers is comprised of 100% polyester (para 0032).
Regarding claim 8, the combined structure Parker-Mina discloses the second polyester mesh fabric layer includes an interior side, an exterior side, and a second plurality of holes, each of the second plurality of holes extends partially into the second polyester mesh fabric layer from the exterior side but does not extend completely through to the interior side (i.e. channels to conduct moistures, Parker, para 0018).
Regarding claim 9, the combined structure Parker-Mina discloses each of the second plurality of holes has a second opening size with a diameter in a range of 1.2 mm to 2.0 mm (Parker, para 0048)
Regarding claim 10, the combined structure Parker-Mina discloses the second polyester mesh fabric layer includes a second plurality of holes, each of the first plurality of holes has a first opening size and each of the second plurality of holes has a second opening size, each of the second opening sizes is smaller than each of the first opening sizes so that an outer surface area of the second polyester mesh fabric layer is greater than that of the first polyester mesh fabric layer, and the greater outer surface area of the second polyester mesh fabric layer is configured so that moisture from the head of the user can more easily evaporate therefrom (para 0045).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parker (2013/0199562) and Mina (2009/0144878) as applied to claim 1 above, and further in view of Zhu (2019/0208843).
Regarding claim 5, the modified device Parker-Mina teaches all limitations of the claim except the moisture activated cooling mesh fabric layer has a surface water absorption that is greater than that of each of the first and second polyester mesh fabric layers.
Zhu teaches a textile structure comprising one layer has a surface water absorption that is greater than all other layers (fig 1, para 0040).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the structure of Parker by using the absorption relationship, as taught by Zhu, in order to increase the capacity of absorption.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parker (2013/0199562) and Mina (2009/0144878) as applied to claim 1 above, and further in view of Chen (2024/0277089).
Regarding claim 6, the modified device Parker-Mina teaches all limitations of the claim and Chen teaches a fabric layer has a surface water absorption of 8 milliliters in an 1m x 1m area of the moisture activated cooling mesh fabric layer (Table 1).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to understand that Parker device can have the absorption rate of Chen in order to provide better wicking.
Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parker (2013/0199562) and Mina (2009/0144878) as applied to claim 1 above, and further in view of Morets et al. (5,471,683).
Regarding claim 11, the modified device Parker-Mina teaches all limitations of the claim except the article of headwear is a baseball style cap and further includes a crown portion, a sweatband coupled to the crown portion, and a brim coupled to the crown portion.
Morets teaches an article of headwear is a baseball style cap and further includes a crown portion, a sweatband coupled to the crown portion, and a brim coupled to the crown portion (figs 1-13).
It would have been obvious to one ordinary skill in the art before the effective filling date of the claim invention to modify the structure of Parker, by making the article of headwear is a baseball style cap, as taught by Morets, in order to make different styles as needed.
Regarding claim 12, the modified device Parker-Mina-Morets discloses the first polyester mesh fabric layer is part of the sweatband and is configured to contact the head of the user, the moisture activated cooling mesh fabric layer is part of the sweatband and is coupled to the first polyester mesh fabric layer, another polyester mesh fabric layer is part of the crown portion and is coupled to the moisture activated cooling mesh fabric layer, and the second polyester mesh fabric layer is part of the crown portion and is coupled to the other polyester mesh fabric layer (Parker, figs 1-4).
Regarding claim 13, the modified device Parker-Mina-Morets discloses the crown portion includes one or more front panel portion(s), one or more side panel portion(s) coupled to the front panel portion(s), and one or more rear panel portion(s) coupled to the side panel portion(s), the front panel portion(s) have a pair of polyester mesh fabric layers whereas the side panel portion(s) and the rear panel portion(s) have a single polyester mesh fabric layer (Parker, figs 1-4 and Morets, figs 1-13).
Regarding claim 14, the modified device Parker-Mina-Morets discloses the crown portion includes one or more front panel portion(s), one or more side panel portion(s) coupled to the front panel portion(s), and one or more rear panel portion(s) coupled to the side panel portion(s), each of the front panel portion(s), the side panel portion(s) and the rear panel portion(s) has a pair of polyester mesh fabric layers (Parker, figs 1-4 and Morets, figs 1-13).
Regarding claim 15, the modified device Parker-Mina-Morets discloses the crown portion includes the second polyester mesh fabric layer, the sweatband includes the first polyester mesh fabric layer and the moisture activated cooling mesh fabric layer, and the brim includes third and fourth polyester mesh fabric layers and a central plastic portion (Parker, figs 1-4 and Morets, figs 1-13).
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO-THIEU L NGUYEN whose telephone number is (571)270-0476. The examiner can normally be reached M-F 7am-3pm.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732
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