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 the Claims
This action is in response to the applicant’s filing on September 25, 2025. Claims 1-4 are pending and examined below.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. § 119(a)-(d), which papers have been placed of record in the file.
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in The Republic of Japan on 18 December 2023.
Drawings
The drawings are objected to because Figure 3C does not properly label the plurality of fabrics and materials. Figure 3C should have a bracket or lead lines connecting the plurality of blocks into which the last is assembled/disassembled. Applicant should use a bracket or lead lines to indicate how the relationship of components are connected. See: 37 CFR 1.84(h)(1).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3 (and the claims that depend therefrom, claims 2-4) 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 3 recites the limitation "the tubular shape of the flap portion side are assembled in a sheath-tube manner with sufficient overlapping dimension” is unclear as to what type of assembly is required, what structure is need to have a sheath-tube manner with “sufficient overlapping dimension”. Thus, it is unclear what structure is required for an assembly in a sheath-tube manner and what the metes and bounds that are required for a sufficient overlapping dimension. Therefore, the metes and bounds of this limitations are unclear.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 - 4 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2014/0318154 A1 to Toyohiro KOBAYASHI, herein after "Kobayashi”) in view of United States Patent Application Publication No. US 2012/0144555 A1 to Timothy Panicali, (herein after "Panicali”).
As to Claim 1, Kobayashi discloses a cooling structure of a headgear or a hood (Figures 12-16; Kobayashi ~ regarding a headgear or a hood), comprising: a main body portion configured to cover a top portion of a head of a person (hat or helmet 121; Kobayashi ~ regarding a main body portion configured to cover a top portion of a head of a person); and a flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) configured to cover from a back of the head to an upper back of a neck of the person (Figures 12-16; Kobayashi), wherein the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion), the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) and the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) are provided with an absorbent material having a sheet shape for absorbing and retaining water poured from the water inlet (122 ~ regarding water inlet; Kobayashi) (water absorbing material 131; Kobayashi ~ regarding an absorbent material having a sheet shape (planar – para. 0185) for absorbing and retaining water poured from the water inlet and Paragraphs 0195, 0200; Kobayashi ~ regarding the material having absorptions when the retaining water poured )(Paragraphs 0019, 0034, 0052, 0185, 0195, 0200; Kobayashi ~ regarding an absorbent material having a sheet shape) (Figures 12-16, Specifically Figure 16 teaching the main body portion and the flap portion are provided with an absorbent material having a sheet shape for absorbing and retaining water poured from the water inlet; Kobayashi) and a moisture-permeable waterproof fabric (the outer cover 132; Kobayashi ~ regarding a moisture-permeable waterproof fabric) overlapped with the absorbent material (water absorbing material 131; Kobayashi ~ regarding an absorbent material) to cover a part of one side or both sides of the absorbent material (water absorbing material 131; Kobayashi ~ regarding an absorbent material), a water channel is provided by a gap (Figure 14; Kobayashi) between the absorbent material (water absorbing material 131; Kobayashi ~ regarding an absorbent material) and the moisture-permeable waterproof fabric to allow the water poured from the water inlet (Figure 14; Kobayashi ~ regarding a water channel is provided by a gap between the absorbent material and the moisture- permeable waterproof fabric to allow the water poured from the water inlet (water supply port 122; Kobayashi ~ regarding water inlet) to flow and spread in a sheet-like manner in the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) and the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) (Figures 12-16; Kobayashi), and the water channel of the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) and the water channel (Figures 14-16; Kobayashi ~ regarding the water channel) of the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) are connected with each other on both left and right sides of a head circumference size adjustment portion of the headgear (Figure 15; Kobayashi regarding the water channel of the main body portion and the water channel of the flap portion are connected with each other on both left and right sides of a head circumference size adjustment portion of the headgear) or the hood avoiding the head circumference size adjustment portion so that the water flows from the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) to the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) for cooling from top portion of the head to the upper back of the neck integrally through an evaporative cooling effect of the water absorbed and retained by the absorbent material (water absorbing material 131; Kobayashi ~ regarding an absorbent material)(Figures 12-15 and Paragraph 0210-0211; Kobayashi).
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Although Kobayashi teaches the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) Kobayashi fails to disclose wherein the main body portion being provided with a water inlet.
Panicali teaches hat for discrete area application of heat or cold and discloses being provided with a water inlet (opening 28; Panicali ~ regarding being provided with a water inlet)(Paragraphs 0060-0061; Panicali), as doing so would provide additional convenience and comfort for the wearer by providing ease of use for cooling the top of the head.
Therefore, based on Panicali’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Kobayashi’s main body portion to include being provided with a water inlet, as doing so would provide additional convenience and comfort for the wearer by providing ease of use for cooling the top of the head.
As to Claim 2, Kobayashi/Panicali disclose the cooling structure of the headgear or the hood according to claim 1, wherein the absorbent material (water absorbing material 131; Kobayashi ~ regarding an absorbent material) is separated into a first absorbent material (water absorbing material 131; Kobayashi ~ regarding an absorbent material) covering the back of the head in the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) (Figures 12-16; Kobayashi, specifically Figure 16) and a second absorbent material covering from a lower portion of the back of the head to the upper back of the neck in the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) (Figures 12-16; Kobayashi, specifically Figure 16 ~ regarding a second absorbent material covering from a lower portion of the back of the head to the upper back of the neck in the flap portion), and the water channel (Figures 14-16; Kobayashi ~ regarding the water channel) of the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) and the water channel (Figures 14-16; Kobayashi ~ regarding the water channel) of the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) are connected with each other without including the first absorbent material and the second absorbent material (Figures 12-16; Kobayashi, specifically Figure 16).
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As to Claim 3, Kobayashi/ Panicali disclose the cooling structure of the headgear or the hood according to claim 2, wherein the water channel (Figures 14-16; Kobayashi ~ regarding the water channel) connecting the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) and flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) is formed of the moisture-permeable waterproof fabric having a tubular shape (inner cover 133; Kobayashi ~ made of waterproof breathable material) (Figures 13-17B and Paragraphs 0194, 0201, 0203 teaching capillary teaching a fabric (cooling extension 152 having a tubular shape; Kobayashi), the diameter of the tubular shape of the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) side is smaller than the diameter of the tubular shape of the flap portion side (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion)(Figures 15-17B; Kobayashi) , and the tubular shape of the main body portion side (hat or helmet 121; Kobayashi ~ regarding a main body portion) and the tubular shape of the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) side are assembled in a sheath-tube manner with sufficient overlapping dimension (Figures 15-17B, specifically Figure 15; Kobayashi) (Examiner notes that the limitation recites “the tubular shape of the flap portion side are assembled in a sheath-tube manner with sufficient overlapping dimension”. The determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art.).
As to Claim 4, Kobayashi/ Panicali disclose the cooling structure of the headgear or the hood according to claim 2, the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) the water channel (Figures 14-16; Kobayashi ~ regarding the water channel) connecting the main body portion (hat or helmet 121; Kobayashi ~ regarding a main body portion) with the flap portion (the cooling cover wearable implement 123; Kobayashi ~ regarding a flap portion) and the water is absorbed and retained by the first absorbent material and the second absorbent material (Figures 12-17B, Specifically Figure 14 and Paragraph 0060 teaching the absorbing material; Kobayashi teaching where the water is absorbed and retained by the first absorbent material and the second absorbent material). Kobayashi fails to disclose wherein a drain outlet for discharging excess water is provided at a bottom edge).
Another embodiment of Kobayashi teaches an water inlet (14) and discloses wherein a drain outlet (detection portion 101; Kobayashi) for discharging excess water is provided at the bottom edge of the portion (Figure 1- 4B; Kobayashi) as a means to know when the water poured from the water inlet (14) has reached the bottom edge of the portion after the water flows from the main body portion through the water channel (Figures 1- 4B & 7 and Paragraph 0130; Kobayashi).
Therefore, based on Kobayashi’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Kobayashi/ Panicali’s flap portion to include wherein a drain outlet for discharging excess water is provided at a bottom edge of the portion as a means to know when the water poured from the water inlet has reached the bottom edge of the flap portion after the water flows from the main portion through the water channel, as doing so would provide improved comfort by allowing the replacement of water in order to continue the cooling effect of evaporation heat, the entire upper body, it is possible to detect the proper amount of replenishment water.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and can be found in PTO-892 for submitted herewith. The cited prior art reference to Lee (US US-20040055072-A1), Gillette (US-6125474-A), Hunley US-20160374419-A1 are of particular relevance to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday7:00 AM to 4:00pm EST.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732