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 .
Response to Amendment
The amendments filed with the written response received on June 09, 2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 13 and 20 have been amended and claim 1-9 have been canceled. Accordingly, claims 10-19 are pending in this application and claims 3 and 5-14 and 16-19 are cancelled, with an action on the merits to follow on claims 1, 2, 4, 13, 15, and 20.
Because of the applicant’s amendment, the following in the office action filed June 09, 2026, are hereby withdrawn:
Previous objection to the specification.
Response to Arguments
Applicant's arguments filed June 09, 2026 have been fully considered but
they are not persuasive.
Applicant’s arguments, are drawn to the amended claim language that recites wherein the embellishment base member comprises a smooth front surface that is semi-rigid and is configured to directly receive and retain an embellishment; and wherein the embellishment comprises a graphic sticker with an adhesive-backed layer configured to adhere directly to the smooth front surface such that the embellishment can be applied without damaging the exterior surface of the headwear. These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
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.
Claim 1, 13 and 20 2 including (claims 2, 4 and 15, as depending therefrom) 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 term "comprises a smooth front surface that is semi-rigid" in claim 1 is a relative term which renders the claim indefinite. The term " a smooth front surface that is semi-rigid " is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, the metes and bounds of the claim cannot be ascertained. Examiner is unclear as to what materials would be required to be smooth enough or semi-rigid enough to satisfy the claim.
The term "the embellishment base member comprising a smooth front surface, a semi-rigid plastic body” in claim 13 is a relative term which renders the claim indefinite. The term "smooth front surface, a semi-rigid plastic body" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, the metes and bounds of the claim cannot be ascertained. Examiner is unclear as to what materials would be required to be smooth enough or semi-rigid enough to satisfy the claim.
The term " wherein the embellishment base member comprises a smooth front surface, a semi-rigid plastic body, and a curve along a longitudinal length such that the embellishment base member sits flush against the front exterior surface of the headwear” in claim 20 is a relative term which renders the claim indefinite. The term "a smooth front surface, a semi-rigid plastic body" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, the metes and bounds of the claim cannot be ascertained. Examiner is unclear as to what materials would be required to be smooth enough or semi-rigid enough to satisfy the claim.
Regarding claim 1, the phrase "medical- or dental type" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "type"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
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 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
