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 May 14, 2026. Claims 20-38 are pending and examined below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May14, 2026 has/have been considered by the Examiner.
Specification
The use of the term “Velcro” (See paragraph 0052), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks. Please capitalize every letter of the word of the trademark “VELCRO®”
Appropriate correction is required.
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 20-28, 31-33, 35-36, 38 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No US 2015/0237942 A1 to Tomasz Arkusz, (herein after " Arkusz”) in view of United States Patent Application Publication No. US 2018/0110282 A1 to Hongwei Zhang, (herein after "Zhang”) in view of United States Patent No. 6,076,192 to Ronald Kronenberger, (herein after "Kronenberger”).
As to Claim 20 , Arkusz discloses an article of headwear (head covering 100; Arkusz) comprising: a crown (crown 140 & 110 sidewall; Arkusz ~ regarding a crown) dimensioned to cover a portion of a forehead of a wearer when the article of headwear is worn by the wearer (Figure 1A; Arkusz); a brim (brim 115; Arkusz) that extends transversely from the crown portion (crown 140 & 110 sidewall; Arkusz); and a transition region (Figure 1A; Arkusz) defined between the brim (brim 115; Arkusz) and the crown portion (crown 140 & 110 sidewall; Arkusz ~ regarding a crown), wherein the transition region (Figure 1A; Arkusz), comprising a unitary molded body comprising an first fabric layer and a second fabric layer (paragraph 0049; Arkusz teaching a single injection molded piece for the crown and the brim. And various components.)
However, Arkusz fails to explicitly disclose comprising a unitary molded body comprising a first fabric layer, a second fabric layer, and an intermediate foam layer disposed between the first fabric layer and the second fabric layer.
Zhang teaches one piece cap (cap 1; Zhang ~ regarding a cap)(cap body 11~ regarding crown portion)(cap visor 12; Zhang ~ regarding brim), and making method and discloses comprising a unitary molded body comprising a first fabric layer and a second fabric layer (flexible materials 10; Zhang) (Paragraphs 0020, 0024-0033; Zhang teaching a one piece cap having at least two high temperature resistant materials. Thereby teaching comprising a unitary molded body comprising a first fabric layer).
Therefore, based on Zhang’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 Arkusz’s headwear to include comprising a unitary molded body comprising a first fabric layer and a second fabric layer, as doing so would provide a simple structure and an enhanced appearance with more round and smooth lines for the wearer.
Kronenberger teaches headwear piece with projecting bill and discloses a first fabric layer (upper fabric 68; Kronenberger ~ regarding a first fabric layer), a second fabric layer (lower fabric 70; Kronenberger ~ regarding a second fabric layer), and an intermediate foam layer (base layer 62; Kronenberger ~ regarding an intermediate foam layer) disposed between the first fabric layer and the second fabric layer (Figure 5 and Col. 4 and Lines 8-25; Kronenberger).
Therefore, based on Kronenberger’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 Arkusz/Kronenberger’s first and second fabric layer to include an intermediate foam layer disposed between the first fabric layer and the second fabric layer, as doing so would provide improved shape and comfort for the wearer.
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As to Claim 21, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, wherein the transition region (Figure 1A; Arkusz) extends from the crown to the brim (Figure 1A; Arkusz teaching wherein the transition region extends from the crown to the brim).
As to Claim 22, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, wherein an arc (Figure 1A; Arkusz) is defined in a plane of the brim in the transition region (Figure 1A; Arkusz), and an arc angle of the arc (Figure 1A; Arkusz) changes in response to stretching of the brim and/or the crown portion to conform to heads of different sizes (Paragraph 0023; Arkusz ~ regarding teaching being able to conform to heads of different sizes) (Figure 1A; Arkusz).
As to Claim 23, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, wherein the transition region is rounded and is defined by a portion of a circle having a radius of 3 mm or greater (Figure 1A; Arkusz)(Paragraph 0045-0047; Arkusz).
As to Claim 24, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, wherein the brim (Figure 1A; Arkusz) further comprises a reinforcement member (skin 64; Kronenberger ~ regarding the reinforcement member) disposed between the first fabric layer and the second fabric layer (Modified flexible materials 10; Zhang with upper fabric 68 & lower fabric 70; Kroneberger ~ regarding the first fabric layer and the second fabric layer).
As to Claim 25, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 24, wherein the reinforcement member (skin 64; Kronenberger ~ regarding the reinforcement member) comprises a resilient polymeric plate (Col. 4 and Lines 8-25; Kronenberger teaching a resilient polymeric plate being polyvinyl chloride) having a hardness durometer value that is greater than each of the first fabric layer (Col.4 and Lines 1-65; Kronenberger teaching that the thickness and density of the base layer and skin layer can be varied to produce the desired flexibility…)(Paragraph 0008 regarding hardness; Zhang), the second fabric layer (Modified flexible materials 10; Zhang with upper fabric 68 & lower fabric 70; Kroneberger).and the intermediate foam layer (core 60, base layer 62; Kronenberger ~ regarding an intermediate foam layer).
Therefore, based on Zhang/Kronenberger’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 Arkusz/ Zhang/ Kronenberger’s headwear to include having a hardness durometer value that is greater than each of the first fabric layer, as doing so would provide a simple structure and an enhanced appearance with more round and smooth lines for the wearer.
As to Claim 26, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 24, wherein the reinforcement member (skin 64; Kronenberger ~ regarding the reinforcement member) extends within the brim (brim 115; Arkusz), along the transition region, and into the crown (crown 140 & 110 sidewall; Arkusz ~ regarding a crown).
As to Claim 27, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 24, wherein the reinforcement member (skin 64; Kronenberger ~ regarding the reinforcement member) includes a plurality of through-holes (Figure 5; Kronenberger, teaching a plurality of through holes)(Paragraph 0003; Arkusz teaching that the overall crown contains small holes in the head covering) extending through the reinforcement member (skin 64; Kronenberger ~ regarding the reinforcement member).
As to Claim 28, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 27, wherein portions of the intermediate foam layer (base layer 62; Kronenberger ~ regarding an intermediate foam layer) extend into or through the through-holes (Figure 5; Kronenberger, teaching a plurality of through holes)(Paragraph 0003; Arkusz teaching that the overall crown contains small holes in the head covering) of the reinforcement member (skin 64; Kronenberger ~ regarding the reinforcement member).
As to Claim 31, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, wherein the transition region is rounded so as to be tangent to a circle having a radius of from 5 mm to 20 mm (Figure 1A; Arkusz)(Paragraph 0045-0047; Arkusz).
As to Claim 32, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, wherein a transition angle defined at the transition region is obtuse (Figure 1A; Arkusz).
As to Claim 33, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 32, wherein the transition angle is at least 1000 (Figure 1A; Arkusz)(Paragraph 0045-0047; Arkusz).
As to Claim 35, Arkusz/Zhang/Kronenberger disclose the article of headwear of claim 20, wherein the brim extends transversely from a front side of the crown portion without extending around an entire perimeter of the crown portion (Figure 1A; Arkusz).
As to Claim 36, Arkusz/Zhang/Kronenberger/Gore disclose the article of headwear of claim 35, further comprising an adjusting band coupled with and at a rear side of the crown portion (Paragraph 0025; Arkusz teaching and adjustable hatband or sweatband that can be secured to any portion of the head covering. Thereby teaching comprising an adjusting band coupled with and at a rear side of the crown portion).
As to Claim 38, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, wherein each of the first fabric layer, the second fabric layer (modified flexible materials 10; Zhang with upper fabric 68 & lower fabric 70; Kroneberger) and the intermediate foam layer (base layer 62; Kronenberger ~ regarding an intermediate foam layer) continuously extends between the crown portion (crown 140 & 110 sidewall; Arkusz ~ regarding a crown) and the brim (brim 115; Arkusz) through the transition region (Figure 1A; Arkusz) defined between the brim and the crown portion (Figure 5 and Col. 4 and Lines 8-25; Kronenberger).
Claim 29 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No US 2015/0237942 A1 to Tomasz Arkusz, (herein after " Arkusz”) in view of United States Patent Application Publication No. US 2018/0110282 A1 to Hongwei Zhang, (herein after "Zhang”) in view of United States Patent No. 6,076,192 to Ronald Kronenberger, (herein after "Kronenberger”), as to claim 20 above and further in view of United States Patent No. 2,111,212 to Jesse B. Hawley, (herein after "Hawley”).
As to Claim 29, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, wherein the crown (crown 140 & 110 sidewall; Arkusz ~ regarding a crown) is a closed crown configured to cover a top portion of a head of a wearer (Figures 1A & 2; Arkusz teaching wherein the crown is a closed crown configured to cover a top portion of a head of a wearer), and the crown (crown 140 & 110 sidewall; Arkusz ~ regarding a crown) but fails to disclose comprising a molded button formed integrally with the first fabric layer and projecting outwardly from an exterior surface of the crown portion.
Hawley teaches hats and discloses comprising a molded button formed integrally with the first fabric layer and projecting outwardly from an exterior surface of the crown portion (Page 3 and Col. 2, Lines 28-42; Hawley ~ regarding a molded button formed integrally and projecting outwardly from an exterior surface of the crown portion.) (Page 1, Col. 2 and Lines 50-55 and Page 2, Col. 1 and Lines 1-8; Hawley regarding the first fabric layer) (Figs. 7, 8. 10 and 11.”).
Therefore, based on Hawley’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 Arkusz/ Zhang/ Kronenberger’s crown to include a molded button formed integrally with the first fabric layer and projecting outwardly from an exterior surface of the crown portion, as doing so would provide an aesthetic design for the wearer which may have coverings of any desired material. This would simply be the substitution of prior art elements (one button for another button) according to known methods to yield predictable results. See MPEP 2143.
Claim 30 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No US 2015/0237942 A1 to Tomasz Arkusz, (herein after " Arkusz”) in view of United States Patent Application Publication No. US 2018/0110282 A1 to Hongwei Zhang, (herein after "Zhang”) in view of United States Patent No. 6,076,192 to Ronald Kronenberger, (herein after "Kronenberger”), (herein after "Hawley”), as to claim 20 and in further view of United States Patent Application Publication No. US 2006/0179543 A1 to Michael Burmester; (herein after "Burmester").
As to Claim 30, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 20, but fails to disclose wherein the crown is an open crown configured as a visor.
Burmester teaches hat part made of synthetic material (visor 14 & 18; Burmester ~ regarding the brim)(hood portion 12 & frontlet 16; Burmester ~ regarding the crown)(Figures 1 & 2; Burmester) and discloses wherein the crown (hood portion 12 & frontlet 16; Burmester ~ regarding the crown) is an open crown configured as a visor (Figure 2; Burmester).
Therefore, based on Burmester 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 Arkusz/ Zhang/ Kronenberger's crown to include wherein the crown is an open crown configured as a visor, as doing so would provide a hat part which can be adapted to a desired form by the user without difficulty for enhanced comfort for the wearer.
Claim 34 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No US 2015/0237942 A1 to Tomasz Arkusz, (herein after " Arkusz”) in view of United States Patent Application Publication No. US 2018/0110282 A1 to Hongwei Zhang, (herein after "Zhang”) in view of United States Patent No. 6,076,192 to Ronald Kronenberger, (herein after "Kronenberger”), (herein after "Hawley”), as to claim 22 and in further view of United States Patent No. US 6,138,279 A1 to Allan E. Gore, (herein after "Gore").
As to Claim 34, Arkusz/ Zhang/ Kronenberger disclose the article of headwear of claim 22, but fails to disclose wherein a curvature of the arc is configured to change by at least 5°.
Gore teaches visors caps (cap H; Gore) having a brim (brim or bill B; Gore) and crown (crown C; Gore) and the methods of manufacture and discloses wherein a curvature of the arc (arc form 8; Gore) is configured to change by at least 5° (Figures 1-3; Gore, and Col. 2 and Lines 35-68, “The visor insert 6 may take various configurations including the arc form 8 of FIG. 3…” ).
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Therefore, based on Gore’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 Arkusz/ Zhang/ Kronenberger’s brim’s arc to include wherein a curvature of the arc is configured to change by at least 5°, as doing so would provide a easily handable, distortable visor hat which can sustain severe distortion, pressure, moisture, and high temperature for extended periods of time without losing the original shape (Col. 2 and Lines 9-15; Gore).
Claim 37 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No US 2015/0237942 A1 to Tomasz Arkusz, (herein after " Arkusz”) in view of United States Patent Application Publication No. US 2018/0110282 A1 to Hongwei Zhang, (herein after "Zhang”) in view of United States Patent No. 6,076,192 to Ronald Kronenberger, (herein after "Kronenberger”), (herein after "Hawley”), as to claim 26 and in further view of United States Patent Application Publication No US 2004/0006810 A1 to Boo YI Park, (herein after "Park”).
As to Claim 37, Arkusz/Zhang/Kronenberger disclose the article of headwear of claim 36, but fails to disclose wherein the crown portion includes a cut-out section having a semi-circular edge located at the rear side of the crown portion, and the adjusting band extends across the cut-out section at the semi-circular edge.
Park teaches cap with unitary crown and visor fabric portion and discloses wherein the crown portion includes a cut-out section having a semi-circular edge located at the rear side of the crown portion (Figure 3; Park teaching the crown portion includes a cut out section having a semi-circle edge located at the rear side of the crown portion), and the adjusting band (18; Park teaching and adjusting band) extends across the cut-out section at the semi-circular edge (Paragraph 0022; Park)(Figure 3; Park).
Therefore, based on Park’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 Arkusz/ Zhang/ Kronenberger/Gore’s headwear to include wherein the crown portion includes a cut-out section having a semi-circular edge located at the rear side of the crown portion, and the adjusting band extends across the cut-out section at the semi-circular edge, as doing so would provide for size adjustment in conjunction for increased comfort for the wearer. As well as providing aesthetically pleasing headwear for the wearer with enhanced design options.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 20-22, 29, 32-34 and 38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 8, 12 & 18 of U.S. Patent No. US 12,635,751. Although the claims at issue are not identical, they are not patentably distinct from each other because both instant application and US 11,737,524 B2 both teach an article of clothing, the article of clothing comprising a body portion having a first leg covering portion, a second leg covering portion, a first arm covering portion, a second arm covering portion, and a torso covering portion, the body portion further having a neckline defining a neckline opening.
See Claim 20 of Application 19,676,919 versus claims 1 & 8 of US Patent No. 12,635,751.
See Claim 21 of Application 19,676,919 versus claims 1, 12 and 18 of US Patent No. 12,635,751.
See Claim 22 of Application 19,676,919 versus claim 3 of US Patent No. 12,635,751.
See Claim 29 of Application 19,676,919 versus claim 1 of US Patent No. 12,635,751.
See Claim 32 of Application 19,676,919 versus claim 1 of US Patent No. 12,635,751.
See Claim 33 of Application 19,676,919 versus claim 2 of US Patent No. 12,635,751.
See Claim 34 of Application 19,676,919 versus claim 4 of US Patent No. 12,635,751.
See Claim 38 of Application 19,676,919 versus claim 1 of US Patent No. 12,635,751.
Conclusion
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
