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
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on June 8, 2026.
Applicant's election with traverse of Subspecies A-C in the reply filed on June 8, 2026 is acknowledged. The traversal is on the ground(s) that all inventions could be examined without a serious burden. This is not found persuasive because each of Subspecies A-C are patentably distinct from one another and include divergent claimed subject matter that separate the subspecies and such recognized divergent subject matter separating the subspecies is a burden to examination.
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.
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.
1. Claims 1-8 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 recites “a fastener coupled to the cooling body configured to attach the cooling body to a headwear body”. The claim limitation is indefinite as it is unclear how a fastener couples the cooling body to the headwear when the elected Species 2: Fig.3A & Subspecies A: Fig.2A-2C shows the cooling body within a sleeve and the fastener is on the sleeve, not the cooling body. Additionally, it appears Claim 1 is directed to an unelected invention. However, in the spirit of compact prosecution, the claim has not been withdrawn and will be interpreted as a fastener being coupled to the cooling body by its insertion into a sleeve comprising the fastener. Applicant must amend the claim to be drawn to the elected Species & Subspecies. Claim 1 is rejected as best understood by examiner.
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.
1. Claim(s) 1, 3-6, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hujar (US 5,557,807).
Regarding Claim 1, Hujar discloses a wearable cooling device comprising: a cooling body (7; Col.7, lines 23-24); and a fastener (8 on 6) coupled (via insertion into 6) to the cooling body configured to attach the cooling body to a headwear body (3)(as seen in Fig.1; Col.7, lines 26-29).
Regarding Claim 3, Hujar discloses a wearable cooling device of claim 1, further comprising an outer sleeve (6) including the fastener (8) and configured to receive the cooling body (as seen in Fig.1 & 2; Col.7, lines 23-24).
Regarding Claim 4, Hujar discloses a wearable cooling device of claim 3, wherein the outer sleeve (6) is removably attached to the headwear body using the fastener (8)(as seen in Fig.1; Col.7, lines 26-29).
Regarding Claim 5, Hujar discloses a wearable cooling device of claim 3, wherein the outer sleeve (6) is fixedly attached to the headwear body (Col.7, lines 26-29).
Regarding Claim 6, Hujar discloses a wearable cooling device of claim 3, wherein the outer sleeve (6) comprises an opening (i.e. opening seen at 18 in Fig.2) configured to receive the cooling body such that the cooling body is disposed within the outer sleeve (as seen in Fig.2).
Regarding Claim 8, Hujar discloses a wearable cooling device of claim 6, wherein the opening is sealable and configured to retain the cooling body within the outer sleeve using a fastener (18; Col.8, lines 16-18) disposed about the opening (as seen in Fig.2).
2. Claim(s) 1 and 3-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamura (US 2022/0256957).
Regarding Claim 1, Nakamura discloses a wearable cooling device comprising: a cooling body (500/501/502); and a fastener (20; para.93) coupled (via insertion into 2) to the cooling body configured to attach the cooling body to a headwear body (1)(as seen in Fig.1, 10 & 11a).
Regarding Claim 3, Nakamura discloses a wearable cooling device of claim 1, further comprising an outer sleeve (2: 30/31/32) including the fastener (20) and configured to receive the cooling body (500/501/502)(as seen in Fig.1, 10 & 11a).
Regarding Claim 4, Nakamura discloses a wearable cooling device of claim 3, wherein the outer sleeve (2: 30/31/32) is removably attached to the headwear body using the fastener (20; para.93).
Regarding Claim 5, Nakamura discloses a wearable cooling device of claim 3, wherein the outer sleeve (2: 30/31/32) is fixedly attached to the headwear body (1)(as seen in Fig.1; para.93, 2 is “fixedly attached” inasmuch as has been claimed by Applicant, in that it is attached in a secure manner to 1).
Regarding Claim 6, Nakamura discloses a wearable cooling device of claim 3, wherein the outer sleeve (2: 30/31/32) comprises an opening (30a/31a/32a) configured to receive the cooling body such that the cooling body is disposed within the outer sleeve (para.102; as seen in Fig.10 & 11a).
Regarding Claim 7, Nakamura discloses a wearable cooling device of claim 6, wherein the opening (30a/31a/32a) is unsealable (i.e. the openings have no fasteners, as seen in Fig.11a) and configured to retain the cooling body within the outer sleeve using tension (para.102; as seen in Fig.10 & 11a).
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.
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.
3. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hujar (US 5,557,807) in view of Cothran (US 2015/0297397).
Regarding Claim 2, Hujar discloses the invention substantially as claimed above. Hujar does not disclose an indicator coupled to the cooling body and configured to indicate a temperature state of the cooling body. However, Rand teaches a cooling body (40; para.91) having an indicator (98) coupled to the cooling body and configured to indicate a temperature state of the cooling body (para.92; as seen in Fig.9).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling body of Hujar to include an indicator, as taught by Rand, in order to allow a user to assess when the cooling body is cold or hot.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, Bourne (US 4,503,560) teaches a cooling body in a hat; and Karlan (US 5,327,585) teaches a cooling body in a hat.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E LYNCH whose telephone number is (571)272-3267. The examiner can normally be reached Monday to Friday, 8:00am-4:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa J. Tompkins can be reached at 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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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732
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