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DEPARTMENT OF COMMERCE UNITED STATES PATENT AND TRADEMARK OFFICE EXAMINATION FOR REGISTRATION TO PRACTICE

April 10, 1984

Morning Section (100 Points) Time: 3 Hours

TO PASS THE MORNING SECTION OF ·THE EXAMINATION, YOU MUST OBTAIN A SCORE OF AT LEAST 70 POINTS. THE POINT VALUE OF EACH QUESTION APPEARS IN PARENTHESES AFTER THE NUMBER OF THE QUESTION.

Any examinee who passes the morning section of the examination, but fails the afternoon section of the examination, will not be required to retake the morning section, provided the examinee takes and passes the afternoon section of one of the next two succeeding examinations.

READ INSTRUCTIONS CAREFULLY

Write your name in the place provided in the top right-hand co~ner of this examination booklet and the answer booklet supplied to you. You must also initial the upper right-hand corner of all ~ages of your answer booklet on which you answer a question to the examination, and number each page in your answer booklet. All questions must be answered in the answer booklet.

This section of the examination consists of four parts each weighed 25 points: (1) True-False part, (2) Fill in blank part, (3) Multiple choice part and (4) Essay part.

Each part (1), (2), (3) and the answer to each essay question must begin on ~ separate page. False answers in part 1 require .correction or e~planation of the statement, whereas the answers to essay questiqns must be brief but complete and to the point. Answer all ques~ions in your answer booklet.

f

This examinatiop is open book, and you may use any books, notes, or writt~n material that you believe will be of help to you. 1

NOTE: {

POINT~ WILL BE DEDUCTED FOR IRRELEVANT DISCUSSION AND INCOR ECT REASONING. ALSO, NO ADDITIONAL FACTS SHOULD BE AS UMED.

;

You have a total of three (3) hours to complete the morning section of the examination.

PART 1 TRUE/FALSE

[25 Points]

In your answer booklet answer the following statements true or false, and if false, correct and/or explain the statement. Correct true answers are worth one (1) point, correct false answers are worth one (1) point, and an adequate correction or correct explanation of a false statement is worth one (1) point. Mere language corrections, such as changing negative to positive or positive to negative, will not suffice to earn the second point of a false answer. An explanation is required in these situations.

1. An earlier U.S. patent claiming the same invention as an application can be overcome with an affidavit under 37 CFR 1.131.

2. A claim for foreign priority under 35 U.S.C. 119 may be made in other than a 37 CFR 1.63 oath or declaration.

3. The inventor's certificate may form the basis for rights of priority under 35 u.s.c. 119 in an application filed in this country relating to atomic energy if the inventor's certificate issues from a country granting only inventor's certificates on atomic energy related matters.

4. If inventor Jones signs a 37 CFR 1.63 declaration or oath without inspection of the contents of the specification by Jones, the application may be stricken from the files of the Patent and Trademark Office by the Commissioner.

5. A continuation-in-part application, supplying a deficiency of a first application which is fatally defective because of an insufficient disclosure, is not entitled to the benefit of the filing date of the first application even as to common subject matter.

Morning Section Page Two

6. In a series of copending applications, the last filed application is entitled to the benefit of foreign priority of the first filed application by making reference only to the last, intermediate copending application.

7. A design patent cannot contain a method claim.

8. A term in a claim you are writing may be given a special meaning in the specification not contrary to the usual meaning of the term.

9. The preamble of a Jepson type claim is construed as being admitted prior art.

10. An inventor is not charged with the knowledge of all relevant and pertinent prior art regardless of his actual knowledge of such art.

11. New matter is improper in an application for reissue of a patent.

12. The Board of Appeals may add new grounds of rejection to the record in a proceeding before it.

13. A complete reversal by either the CAFC or the District Court is an order on the Commissioner to issue the application.

14. In determining whether a document is a publication under 35 u.s.c. §102(b), a key inquiry is whether the document was sufficiently accessible to the public so that persons concerned with the art to which the document pertains have had an opportunity to inspect and digest the information.

15. An amendment submitted after a Board of Appeals decision affirming, without qualification, the rejection to all claims in the case will be entered by the examiner if the amendment would clearly place the case in condition for allowance.

Morning Section Page Three

16. The assignee of~the entire interest in a patent may properly, with the consent of all named inventors, make and swear to an application containing claims of broadened scope in a reissue application for patent provided it is filed within the two-year period following the issue date of the original patent.

17. An abandoned patent application is not a constructive reduction to practice for a subsequent non-copending application.

18. Inventorship of either a patent or a patent application can be corrected if the error in the original inven~or designation arose without deceptive intent on the part of the omitted inventor. ·

PART 2 FILL IN THE BLANKS (DO NOT WRITE ON THE EXAMINATION PAPER)

[25 Points] Each blank is worth one point.

Fees (Your client has qualified for small entity status for purposes of completing the following blanks).

1. Basic fee for filing an original utility application.

2. Petition to institute a public use proceeding.

3. Extension fee for response pursuant to 37 CFR §l.l36(a) within second month.

4. Extension fee for response pursuant to 37 CFR §l.l36(a) within fourth month.

5. Fee for filing a Request for Reexamination.

6. Fee for filing a Petition to the Commissioner to withdraw the finality of a rejection.

Morning Section Page Four

Time periods

7. Term, from issue date, of a u.s. patent claiming a machine.

8. Maximum period for response to an Office Action.

9. Period for which a reissue patent is granted.

10. Period for filing Brief on appeal to Board of Appeals.

11. Request for rehearing of Board decision.

12. Notice and reasons for appeal to CAFC from a decision of the Board of Appeals.

13. Period within which to copy a claim to provoke an interference with an issued patent.

14. Petition to revive an unintentionally abandoned application.

Miscellaneous

15. An application for a patent any of whose claims have been rejected may appeal to the Board of Appeals.

16. A response to a restriction requirement, to be complete, must include an consonant with the requirement.

17. After a final requirement for restriction the applicant may to review the requirement.

18. Priority of invention is determined by

19. Any disclosure statement filed for complying with the duty of disclosure set forth in 37 CFR §1.56 shall include and

Morning Section Page Five

20. A protest against a pending application can be filed by

21. If an amendment is filed adding new matter to the specification, the examiner should

; if new matter is added to the ~~~--~

cla~ms of an application, the Examiner should

22. In a reissue application, denial of the entry of an amendment after final rejection is reviewable by means of ; in a reexamination, denial of the entry of an amendment after final rejection is reviewable by means of

PART 3 MULTIPLE CHOICE

[25 points] Each correct answer is worth (1) point. Some statements may have more than one correct answer. Select and identify all correct answers. However, when "all of the above" or "none of the above" is a correct answer, no other answer will be considered correct for receiving full or partial credit.

1. Indicate which of the following statements about guidelines for determining obviousness is incorrect.

A. The scope and content of the prior art is to be determined.

B. The differences between the prior art and the claims at issue are to be determined.

C. The level of expert skill in the pertinent art is to be resolved.

D. Commercial success and long felt need should also be given weight.

E. None of the above.

Morning Section Page Six

2. Factors which should not be considered in determining whether or not the enablement requirement of the first paragraph of 35 USC 112 is-satisfied:

A. Presence or absence of a working example B. Nature of the invention c. State of prior art D. Relative skill of those in the art E. Predictability of the art F. Breadth of the claims G. None of the above

3. Essential material may be incorporated into_a. specification by reference to:

A. U.S. Patents. B. Commonly owned U.S. applications

in issue with the issue fee paid. C. Foreign patents. D. Foreign applications.

4. Indications of unobviousness include:

A. Omission of an element as well as its function.

B. Omission of an· element and retaining its function.

c. Commercial success. D. Mere change in size. E. Use of a newly available means.

5. The primary purpose of an interview should be to

A. Give the attorney an opportunity to present his views.

B. Advance the prosecution of the application.

C. Give the examiner an opportunity to get to know the inventor and his attorney.

D. Give the inventor an opportunity to present demonstrations of his invention's advantages.

Morning Section Page Seven

6. The specification of every utility application must contain

A. An information disclosure statement. B. The best mode contemplated by the inventor

for carrying out the invention. C. Drawings. D. A reference to foreign priority, if any. E. All of the above.

7. Which of the following fact situation(s) occurring in the United States is (are) sufficient to establish prior inventorship under 37 CFR 1.131(b)?

A. Reduction to practice prior to the the effective date of the reference.

B. Conception of the invention prior to the effective date of the reference.

C. Conception of the invention prior to the and reduction to practice subsequent to the effective date of the reference.

D. Conception of invention prior to and reduction to practice subsequent to the effective date of the reference with due diligence from reduction to practice to the filing date of the application.

E. Conception of the invention prior to the effective date of the reference and coupled with due diligence from just prior to the effective date of the reference to the filing of an application.

F. Conception of the invention prior to and reduction to practice subsequent to effective date of the reference with due diligence from just prior to the effective date of the reference to reduction to practice.

B. An applicant may seek review of an adverse decision of the Board of Appeals by:

A. Petition or appeal to the Commissioner of Patents and Trademarks.

B. Appeal to the Supreme Court. C. Appeal to the Court of Appeals for the Federal

Circuit (CAFC). D. Civil Action in the u.s. District Court

for the District of Columbia.

Morning Section Page Eight

9. In a reissue application:

A. Restriction may be required in the same manner as in an original application.

B. Conclusions are sufficient for the oath. c. More than one reissue patent may be

derived from the original patent. D. The case is SPECIAL for order of examination.

10. The Office Draftsman will:

A. Make only new drawings. B. Make changes in existing drawings

or prepare new drawings. C. Make only minor corrections to

drawings. D. Not make any changes.

11. An appeal to the Board of Appeals may be taken by

A. An applicant for patent. B. An applicant for reissue of a patent. C. An owner of a patent under

reexamination. D. A reexamination requester. E. All of the above.

12. A certificate of mailing via first class mail procedure may be properly used for filing

A. Oaths and application fees. B. Amendments. C. An original application. D. Requests for oral hearings before

the Board of Appeals. E. All of the above.

13. Which of the following is available as prior art against your client's application filed April 6, 1984?

A. An expired u.s. patent issued April 5, 1960. B. A u.s. patent issued April 5, 1983 declared

invalid based on fraud. C. A publication printed· in Canada April 5, 1983,

but available in the United States. D. Evidence of a sale of the invention in Canada

April 5, 1983. E. All of the above.

Morning Section Page Nine

PART 4 ESSAY QUESTIONS

[25 points]

1. [5 points] An agent of your client, a Japanese corporation, rushes over to your New York City office with a patent application in Japanese consisting of a specification, claims and drawing at 10:30 M1 today, April 10, 1984. The assignee of the inventor is your client. The inventor is in Japan. The assignee informs you that they have just learned of a statutory bar to the invention effective starting April 11, 1984 and gives you full authority to handle the application. He further states that they have limited funds and requests that you handle the matter as ·economically as possible.

The assignee informs you that he might be able to obtain a typed translation of the application by 11:45 PM today. However, he will not be able to obtain and deliver an oath or declaration in the English language to you today.

Fully explain what action you would take to serve your client's best interest.

2. [5 points] An application for patent was filed in the United States on January 11, 1982 which described and claimed the broad scope of an invention conceived and made by Jones.

After filing the application for patent, Jones conceived and made species X, which is within the broad scope of invention described and claimed in the application. However, species X was not described or claimed in the application.

On January 11, 1983, applications for patent were simultaneously and intentionally filed by Jones in the United States and foreign countries, which were identical to the application for patent filed in the United States on January 11, 1982 except for the additional description of and a claim drawn to species X. The United states application filed on January 11, 1983 is a continuation-in-part (CIP) application of the parent application previously filed on January 11, 1982. The parent application was expressly abandoned after January 11, 1983.

The Examiner discovered that a license had not been obtained to file the foreign applications, and informed Jones of that discovery. Jones thereafter filed a petition for a retroactive license. The petition was denied because it did not contain a showing that the filing abroad without a license was inadvertent.

Morning Section Page Ten

• I

The Examiner then rejected under 35 U.S.C. 185 the CIP application as being noncompliant with statutory licensing requirements. Jones responded that only the claim drawn to species X, is properly rejected because other claims readable on his first application required no license. Jones urged that he was entitled to a patent on the remaining claims which are identical to those in the parent application.

What should be the result on appeal to the Board of Appeals? Explain.

3. [15 points] On April 10, 1981, in the United States, Phillip, your client, conceived a stainless steel alloy, comprising nickel, chromium, iron and at least one member selected from the group consisting of copper, silver and tin. After reviewing the records and talking to Phillip, you find that Phillip reduced the invention to practice in the United States no later than June 10, 1981. You filed a patent application for Phillip in th~ United States Patent and Trademark Office on November 4, 1983.

The only claim in the application is as follows: "An alloy comprising nickel, chromium, iron and at least one member selected from the group consisting of copper, silver and tin".

Consider each of the following publications, patents, and acts, separately, and indicate apart from any question of obviousness whether or not each, if relied upon by an examiner to reject the claim, would prevent a patent from being issued to Phillip for his invention as claimed. Of the dates given in the first paragraph above the examiner would be aware of only the filing date when the rejection is made. Give reasons for your answers in each situation. State whether the rejection can be overcome, and if so, explain how to properly overcome the rejection.

A. In the Metallurgist's Journal published in Great Britain on June 9, 1983, Jones described an alloy consisting of nickel, chromium, iron, tin and germanium.

Morning Section Page Eleven

"' B. A United States patent application. filed on April 9, 1978 matured into a patent which was granted on November 15, 1983 to Smith. The patent contains a description of an alloy consisting of nickel, chromium, iron and tin, but does not claim the alloy.

C. A Dutch patent application filed on April 3, 1978 by Meyer matured into a Dutch patent granted and published on November 1, 1982. In the Dutch application and patent there is a description of an alloy as "comprising nickel, chromium, iron copper and zinc".

D. An alloy consisting of nickel, chromium, iron and copper, is described and claimed in a patent application filed in Great Britain on November 3, 1981 by Phillip, who first obtained a license pursuant to 37 CFR §5.11 and 5.12. The application matured into a British patent which was granted on December 3, 1982.

E. An alloy consisting of nickel, chromium, iron, copper, siiver and gallium is described in an article about crystallization by Phillip and another person, Arthur Miller, in the Analytical Journal published on January 10, 1983 in the United States and Canada.

Morning Section Page Twelve

NAAE

DEPARTMENT OF COMMERCE UNITED STATES PATENT AND TRADEMARK OFFICE EXAMINATION FOR REGISTRATION TO PRACTICE

April 10, 1984

Afternoon Section (100 Points) Time: 3 Hours

TO PASS THE AFTERNOON SECTION OF THE EXAMINATION, YOU MUST OBTAIN A SCORE OF AT LEAST 70 POINTS.

NOTICE

Any examinee who passes the afternoon section of the exa~ination but fails the morning section of the examination, will not be required to retake the afternoon section, provided the examinee takes and passes the morning section of one of the next two succeeding examinations.

READ INSTRUCTIONS CAREFULLY

Write your name in the place provided in the top right-hand corner of this sheet and the answer booklet supplied to you. You must also number and initial the upper right corner of all pages of your answer booklet on which your answer appears.

(100 Points)

In this problem, you as Johny Patentage (Patent Agent,

Registration No. 50,000) are to draft a suitable response,

today, to the first Office action in the following

application entitled "RETAINER FOR SURGEON'S EYE GLASSES",

Serial No. 000, filed August 15, 1982. You are to assume

that the application, including a properly executed

declaration, a verified statement of small entity status and

required fee were properly filed and granted a filing date,

even though certain informalities may be present. You must

consider all of the papers in this record of the application.

Follow your client's instructions to the extent possible, and

if you do not, explain in a letter to him.

Your letter, if necessary, and response to the first

Office action should be complete in all respects and will

constitute the answers on which you will be graded. To be

complete, your response must indicate whether a fee should

accompany the response and if so, the amount of the fee.

The claims may be amended. The form of such amendment

should comply with the Rules of Practice, i.e. brackets should

be placed around deleted portions of the original claims and

underlining should be placed below added portions of those

claims. A request may be made that specified words or

phrases be deleted, or specified words be inserted, provided

the insertion is limited to no more than five words.

2

Before proceeding review the papers provided to assure

that they are complete. You should have the following items:

Exhibit A: (4 pages) the specification of Application Serial

No. 000 including 1 sheet drawing and 3 claims

pending in the application.

Exhibit B: (5 pages) A first Office action.

Exhibit C: (4 pages) Patent 4,179,753.

Exhibit D: (4 pages) Patent 3,575,165.

Exhibit E: (6 pages) Letter from client to you as patent

agent including Patent reference 4,312,338.

22 ~---,.o·-·o­

10 . ..-19

12

FIG. 2

ABSTRACf

A retAiner for a surgeon's eye glASSC$ embodies a tape­like member with one end portion thereof extending around the nose bridge of the glasses and overlapping and detAchably connected to an adjacent portion of the tApe-lilce member. The other end portion of the tape-like member extends alongside and is detachably connected to a superjacent portion of a surgical hood.

EXHIBIT A PAGE 1

-21

FIG. 1

19

1

REf AINER FOR SURGEON'S EYE GLASSES

BACKGROUND OP THE INVENTION

This invention relates to a retainer for eye glasses and 5

more particularly to a retainer which detachably con­nects a surgeon's glasses to a surgical hood.

Heretofore, surgeons wearing eye glasses have en­countered difficulties in retaining their glasses in place during long hours of tedious surgery. This is especially 10 true in view of the fact that it is often necessary to remove them during surgery without removing the surgical hood. In particular, when a surgeon wearing glasses performs tedious surgery, such as microsurgery, cardio-vascular surgery, emergency (trauma) surgery IS and the like, he must be able to keep his glasses from slipping due to perspiration or long moments of search­ing to locate a particular problem and at the same time he must be able to remove them and substitute therefor frames which carry special magnifying lenses. Hereto- 20 fore, it has been the usual practice for the surgeon to tape the frame of the glasses to his nose and/or temple to keep them from slipping and then remove the tape, leaving the surgical hood in place, when he changes to a frame for supporting special magnifying lenses. Such 25 taping is not only time consuming but is also very un­comfortable and troublesome to the surgeon. Also there is a chance that the surgeon might drop his glasses on the sterilized field or on the patient's open wound where it will cause infection to the patient and contami- 30 nate the sterilized field .

SUMMARY OF THE INVENTION

In accordance with our invention, we overcome the above and other difficulties by providing a retainer for 35 glasses which is simple of construction and economical of manufacture. Our improved retainer retains a sur­geon's glasses positively in place and at the same time permits quick and easy removal thereof without disturb­ing his operation and/or his surgical hood. Our retainer 40 embodies a flexible tape.Jike member of a length for one end portion thereof to extend around the nose bridge of a surgeon's glasses and then overlap and ~ detachably connected to an adjacent portion of the tape-like mem­ber, with the other end portion of the tape-like member 45 extending upwardly over a superjacent portion of a surgical hood. Adhesive means detachably secures the other end portion of the tape-like member to the hood.

2 geon's glasses 14 and overlap an.adjacent podion 16 of the tape-like member 10, as shown in FIG. 1. The end portion 12 and the adjacent portion 16 of the tape-like member 10 have cooperating surfaces facing each other, with one surface carrying a plurality of small hook-like members 17 in position to engage a felt-like material18 carried by the other facing surface. Preferably, the hook-like members 17 are carried by the end 12 with the felt-like material 18 carried by the adjacent portion 16 as shown in FIG. 2. A conventional type fastening de­vice embodying such hook-like members 17 and felt-like material 18 is sold under the trade name "VEL­CRO".

The tape-like member 10 is of a length for the other end portion 19 thereof to extend upwardly over a super­jacent portion of a surgical hood indicated at 21. As shown in FIG. 2, the baclcing strip 11 covering the adhesive is at the opposite side of the pressure sensitive tape from the side thereof carrying the hook-like mem-bers 17 and the felt-like material 18 whereby the adhe­sive· and backing strip 11 carried by the end portion 19 are at the side thereof adjacent the hood 21. Accord­ingly, after removal of the backing strip 11, the end portion 19 may be attached to the adjacent surface of the hood 21 by pressing the adhesive carrying side of the end portion 19 into contact with the hood. The backing strip 11 of the tape-like member 10 should be a little longer than the end portion 19 so that it will permit the surgeon and/or assistant to peel ·off the backing strip 11 quickly. In actual practice, we have found that by detachably connecting the end portion 19 to the top portion 22 of the surgical hood 21 in substantial align­ment with the nose bridge of the surgeon's eye glasses is satisfactory in every respect for retaining ihe glasses in place. However, it will be apparent that the tape-like member 10 may be detachably connected to other por­tions of the surgical hood 21.

From the foregoing description the operation of our improved retainer for surgeon's eye glasses will be readily understood. First, the end portions 12 and 16 of the tape-like member 10 are wrapped around the nose bridge 13 of a surgeon~s glasses 14 in position for the hook-like members 17 to engage the felt-like material18 as shown in FIG. 1. Next, with the surgical hood 21 and the glasses 14 in place, the backing strip 11 is removed from the tape-like member 10 so that the end portion 19 carrying the adhesive may be attached to a superjacent

DESCRIPTION OF THE ORA WINGS

A retainer device embodying features of our inven­tion is illustrated in the accompanying drawing, form­ing part of this application, in which:

50 portion of the surgical hood as shown. When the sur­geon desires to remove the glasses 14 or change to a frame carrying special magnifying lenses, he disengages the end portion 12 from the adjacent portion 16 whereby the glasses 14 may be easily removed. The FIG. 1 is a perspective view showing our retainer

detachably connecting the nose bridge of a pair of SS glasses to a superjacent portion of the surgical hood; and

FIG. 2 is an enlarged perspective view showing our retainer removed from the glasses and surgical hood.

nose bridge of the frame carrying special lenses may then be attached between the end portions 12 and 16 as described above without disturbing the surgical hood.

The hook-like members and felt-like material are

DETAILED DESCRIPTION 60 conventional materials such as

nylon or polyolefins. Referring now to the drawing for a better under­standing of our invention, we show a flexible tape-like member 10 in the form of a conventional type pressure sensitive tape having an adhesive on one side thereof 65 covered by a detachab.Je connected backing strip 11. One end portion 12 of the tape-like member 10 is of a length to extend around the nose bridge 13 of a sur-

EXHIBIT A

The adhesive material is made of conventional type adhesives such as epoxy or other synthetic or natural adhesive materials.

PAGE 2

Furthermore the materials might be conventional

electroconductive materials so that the retainer also

functions as a conventional grounding strap grounding the

metal eyeglass frame to a conventional grounded hood.

CLAIMS

What we Claim is:

l. A device comprising:

a. a cap means conformable to a human head,

b. a pair of eyeglasses, including

a nose bridge,

c. at least one elongated strip means with

two end portions, one end portion fastened to

the cap means said strip means encompassing and

supporting the nose bridge of the eyeglasses,

and

d. at least one end portion releasingly

fastened to the strip means.

2. The device of claim l wherein the end portion

releasingly fastened comprises "Velcro".

3. A device for detachinably connecting a surgeon's eye

glasses having a nose bridge to a head covering comprising:

a. a head covering means conformable to

a human head;

EXHIBIT A PAGE 3

b. an elongated flexible tape-like member

of a length for one end portion to extend

around said nose bridge and overlap a

portion of said tape-like member with the

other end extending upwardly,

c. said elongated flexible member having adhesive

fastening means at one end portion, and

d. hook-like members carried by one portion of

said elongated flexible member cooperating with

and engaging a material carried by another

portion.

EXHIBIT A PAGE 4

SERIAL NUMBER

000 08 15 82

UNITED STATES DEPARTMENT OF COMMERCE Patent and Trademark Office Address . COMMISSIONER OF PATENTS AND TRADEMARKS

Wash1ngton. 0 C. 20231

FIRST NAMED APPLICANT ATTORNEY DOCKET NO.

Hsu et. al. l

I I EXAMINER

Johny Patentage Proserity Bldg. Anywhere, U.S.A. 00000

Mr. Mednix ART UNIT I PAPER NUMBER

352 2 DATE MAILED:

DECEMBER 9, 1983 COMMISSIONER OF PATENTS AND TRADEMARKS

~This applicatton has been examined 0 Responsive to communication filed on------- 0 This action is made !ina I.

A shortened statutory period for response to this action is set to explre __ 3_month(s),-====- days from the date of this letter.

Failure to respond within the period for response will cause the application to become abandoned. 35 U.S.C. 133

Pari I THE FOLLOWING ATTACHMENT($) ARE PART OF THIS ACTION :

1. []! Notice of References Cited by Examiner, PT0-892. 2. 0 Notice re Patent Orawmg, PT0·948.

3. 0 Notice of Art Cited by Applicant, PT0·1449 4. 0 Notice of informal Patent Application, Form PT0·152

s. 0 Information on How to Effect Drawing Changes, PT0-1474 6. 0

Part II SUMMARY OF ACTION

I . GS Cla1ms l to 3 are pending in the application.

Of the above, claims ----------------------- are withdrawn from consideration.

2. 0 Cla1ms have been cancelled.

3. 0 Claims -------- are allowed.

4.- [X] Claims

5. D Claims --------------------------------- are objected to.

6. 0 Claims ----------------------------are subject to restriction or election requirement.

1. D This application has been filed with informal drawings which are acceptable for examination purposes until such omc as allowable subject matter Is indinted.

8. 0 Allowable subject matter having been indicated, formal drawings are required in response to this Office action.

9. D The corrected or substitute drawings have been received on _________ . These drawings are 0 acceptable;

0 not acceptable (see explanation).

10. O The0 proposed drawing correction and/or the [J propos•d addtllonal or substiMe sheet(s) of drawtngs, filed on-------­

has (have) been L:J approved by the examiner. [] dlsapptoved by the examir.er (see explanation).

ll D The proposed drawing correction , filed ____ _ , has been []approved. 0 disapproved (see explanatton). However,

the Patent dnd Trade mar~ Office no longer makes drawing changes. It IS now applicant's responsibility to ensure that the draw1ngs are

corrected . Corrections MUST be effected in accordance with the instructions set forth on the .Jttached letter "INFORMATION ON HOY, TO

EFFECT DRAWING CHANGES", PT0-1474.

12. 0 Acknowledgment is made of the cia im for priortty under 35 U.S.C. 119. The certified copy has [] been recetved [J not been •ecctved

[._.} been filed in parent application, serial nb. ----------; filed on ------------------

13. L..J Since this application appears to be in condition for allowance except for formal matters, prosecution as to the merits is closed in

accordance wtth the practice under Ex parte Quayle, 1935 C.O. 11; 453 O.G. 213.

PTOL-326 I Rev. 7 • 82) EXAMINER'S ACTION

EXHIBIT B PAGE l

TO SEPARATE, HOLD TOP AND BOTTOM EDGES, SNAP-APART AND DISCARD CARBON

--1 ~

FOAM PT0-892 U.S . DEPARTMENT OF COMMERCE SERIAL NO. r ROUPART UNIT ATTACHMENT 1 (REV. 3-78) PATENT AND TRADEMARK OFFICE TO

PAPER

000 352 NUMBER 2

NOTICE OF REFERENCES CITED APPLICANT(S)

Hsu et al U.S. PATENT DOCUMENTS

sue- FILING DATE IF t DOCUMENT NO. DATE NAME CLASS CLASS APPROPRIATE

A 4 1 7 q 17 Is I'! 12/1979 Aronberg 2 o:rr, 11

B 3 5 7 5 l 6 5 04/1971 Reale 128 76

c

D

E

F

G

H

I

J

K

FOREIGN PATENT DOCUMENTS

SUB· ERTINENT . DOCUMENT NO. DATE COUNTRY NAME CLASS CLASS SHTS. PP. OWG S P EC.

L

M

N

0

p

0

OTHER REFERENCES (Including Author, Title, Date, Pertinent Pages, Etc.)

R

s

T

u

EXAMINER I DATE I '1ednix 12/1983

* A copy of this reference is not being furnished with this office action. (See Manual of Patent Examining Procedure, section 707.05 (a).)

EXHIBIT B PAGE 2

Serial No. 000

Art Unit 352 2

1. Claims 2 and 3 are rejected under 35 u.s.c.

112, second paragraph, as being indefinite for failing

to particularly point out and distinctly claim the

subject matter which the applicant regards as the

invention. Use of trademark "Velcro" makes claim 2

indefinite since the trademark could stand for

different things and its meaning could change. In

claim 3 the means, steps or cooperative relationship

appear to be insufficient to achieve the desired result

set forth in the preamble of the claim.

2. 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:

unless -

A person shall be entitled to a patent

(b) the invention was patented or

described in a printed publication

in this or a foreign country or in

public use or on sale in this

EXHIBIT B PAGE 3

Serial No. 000

Art Unit 352

3

country, more than one year prior to

the date of application for patent

in the United States.

Claim l is rejected under 35 U.S.C. 102(b) as

being clearly anticipated by Aronberg.

3. 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 may not be obtained though

the invention is not identically

disclosed or described as set forth in

section 102 of this title, if the

differences between the subject matter

sought to be patented and the prior art

are such that the subject matter as a

whole would have been obvious at the

time the invention was made to a person

having ordinary skill in the art to

which said subject matter pertains.

Patentability shall not be negatived by

EXHIBIT B PAGE 4

Serial No. 000 4

Art Unit 352

the manner in which the invention was

made.

Claims 2 and 3 are rejected under 35 u.s.c.

103 as being unpatentable over Aronberg in view of

Beale.

Aronberg sets forth a head covering with a

flexible strip-like eyeglass support attached to the

head covering said strip-like means fastened to the cap

and having one end portion releasingly fastened.

To use a Velcro type fastener or adhesive

fastener means would have been obvious, noting Figs. 7

or 8 of Beale in cooperation with Aronberg's head

covering as merely substitution ·of one known and shown

fastening means for another. Further it appears

obvious that Velcro, see Fig. 8, could encompass a

portion of eye glass rather than a portion of the cap

at 6. Whether the Velcro fastener is facing up or down

is a mere change in direction and not patentable; hence

these claims are held to be obvious to one of ordinary

skill in the art.

d~ L.Medl~izfpmj 703-557-0000 EXHIBIT B PAGE 5

~ .. l)l(.; 11

12/25/79

AU J~J. t.X

XR 4d79t753

United States Patent [19J

Aronberg et al.

[S4] HEADGEAR WITH EYEGLASS SUPPORT

(76] Inventors: Sue Aronberg, 1865 NE. 117th Rd., North Miami, Fla. 33161; Gall Fein, 316S Pine Tree Dr., Miami Beach, Fla. 33140

[21] Appl. No.: 894,742

[22] Filed: Apr. 10, 1918

Related U.S. Application Data [63) Continuation-in-part ofSer. No. 8~9.836, Dec. 12, 1977,

abandoned.

[Sl] Int. 0.2 ................................................ A42B 1/06 [S21 u.s. a . ............ ... .. ............................ 2110; 2/422;

2/DIG. 11; 3'Sl!lSS; 2/199 [SB] Field of Search .. .. ............ ... 2/10, 13, 19~, ISS R,

2/444,422, 4S3, DIG. 11; 3Sl/lSS

[S6] References Cited

264.~74 857,838

1,133,0~6

U.S. PATENT DOCUMENTS 9/1882 6/1907 3/1915

Shone ......................................... 2/10 Shaw ................................... 2/4~3 X Pachner ..................................... 2/10

1'1;

EXHIBIT C

[II]

[4S]

4,179,753 Dec. 25, 1979

FOREIGN PATENT DOCUMENTS

1319413 1/1963 France ..................................... 351/1~~

Primary Examiner-Peter P. Nerbun Attorney, Agent, or Firm-Shapiro & Shapiro

[57] ABSTRACT

An eyeglass support and a hat to be sold separately from but to be used in combination with a pair of glasses; the hat includes a forwardly projecting bill portion and a head encircling band having a front zone and a pair of side band zones; on the outside surface of the side zones of the hat headband, supports are provided to receive and support the temples of a pair of glasses; and, addi­tionally, a clip is provided on the front zone of the hat headband to clip releasably about the nose piece of a pair of glasses; the glasses are thus adapted to be dis­played and carried on the hat above the bill with the temples supported by the side zones of the hat and the nose piece supported by the clip.

22 Claims, 5 Drawing Figures

PAGE l

U.S. Patent Dec. 25, 1979 4~179,753

EXHIBIT C _ PAGE 2

1

HEADGEAR WITH EYEGLASS SUPPORT

4,179,753 2

FIG. 4 is a view similar to FIG. 1 and illustrating a slightly modified support means for the temples of the spectacles and

This application is a continuation-in-part of our co­pending earlier filed patent application Ser. No. 859,836 5 filed Dec. 12, 1977, now abandoned.

FIG. S is a perspective view of preferred clip means utilized in the invention.

DESCRIPTION OF THE PREFERRED EMBODIMENT FIELD OF THE INVENTION

Th is invention relates to headgear and, more particu­larly, to a hat having a headband with a support means on it for removably supporting a pair of glasses, such as sunglasses.

BACKGROUND OF THE INVENTION

A s is perhaps well known, many persons use sun­glasses to shade their eyes when playing tennis, jogging, or engaging in other sports. Oftentimes in these sports a hat is worn, such as is shown in FIG. 1; other times a hat band without a head crown but with an eye shade or a bill is worn. At times, a person may prefer to wear the sunglasses; or at other times, the wearer may prefer to store them in a convenient location. This invention comprises a head encircling band on which eyeglasses are mounted for convenient use or display and storage. The glasses are securely held during all type of vigorous activity and sports such as horseback riding, jogging, tennis and other sports. The display aspect is considered by many to be a significant ~tyle feature.

In the past, efforts have been made for the convenient storage of eyeglasses, such as is shown in U.S. Pat. No. 2,766,657 which is for glasses which are especially pro­vided with a clip to engage the hair and support the spectacles. Other types of devices have been utilized for supporting eyeglasses on the head of a wearer such as that disclosed in U.S. Pat. No. 1,647,124; and, in the past, eyeglasses have been connected to hats in various ways, such as is shown in U.S. Pat. No. 264,574 with a hinge connection, as is also typical of U.S. Pat. No. 857,838 and U.S. Pat. No. 1,514,111.

OBJECTS OF THE PRESENT INVENTION

Referring to the drawings, wherein like reference tO characters designate like or corresponding parts

throughout the several views and referring particularly to FIG. 3, it is seen that the invention comprises head­gear including a band 14 adapted to encircle the head of a wearer between a brim region and a crown region. As

15 will be seen hereinafter, means are provided at a front zone and opposite side zones of band 14 for supporting eyeglasses S on the headgear. In the embodiments of FIGS. 1, 3, and 4, the headgear is in the form of a hat, generally designated in FIG. 3 by numeral 10. As

20 shown in FIG. 1, the band 14 may extend upwardly from the brim region of the hat to form a crown 30, and the hat may include a bill or brim 32 at the brim region. The glasses S are held in place by a clip, generally desig­nated by the numeral 12 in each of the views and shown

25 particularly in FIG. S. The clip may be disguised as a decorative piece resembling a flower. In the embodi­ment shown in FIGS. 1 and 2, band 14 encircling the head of the wearer is provided with forwardly opening pockets 16 having a front opening mouth 18 into which

30 the free ends of temples 20 of the glasses S are adapted to be inserted. In FIG. 2 the crown is not included, and the band 14 includes means 17 for connecting ends 18' and 22 of the side zones of the headband together. In some embodiments, the ends may simply be tied to-

35 gether. In FIG. 3, the headband 14 is provided with a decorative trim SO with an edge 52 secured to the head­band and the same is open at the top along the edge 55 so that the free ends 56 of the temples 20 are adapted to be received therein. In the embodiment shown in FIG.

40 4, on the headband or head encircling portion of the hat, loops 60 are provided having stitch means 62 and 64 securing the same to the headband and into which the free ends 56 of the temples are adapted to be inserted . It is an object of the present invention to provide

headgear comprising a headband that supports eye­glasses above the brim region of the headgear. Side 45

zones of the headband are provided with receptacles into which the free ends of temples of a pair of specta­cles may be inserted, and a front zone of the headband

Referring to FIG. S it is seen that the clip means is riveted to the hat at an upper rivet 61 and lower rivet 63 which are spaced from one another on one leg 65 which is hingedly connected at a hinge zone 66 to an outer leg 68 and that on the inner leg there is a forwardly project­ing stud 70 provided with an enlarged terminal end 72 is provided with clip means to support the bridge or

50 nose piece of the glasses, so that the headgear may securely but removably hold a wide variety of shapes and sizes of eyeglasses for optional use. The type of receptacles which receive the ends of the temples may be front opening or top opening pocket structures as in 55 FIGS. 1 and 3, respectively, or loops, as in FIG. 4.

sized for snug passage through an opening companion­ately located on the outer leg 68 and designated by the numeral 73. It is apparent from the drawings that when the headgear is normally positioned on the erect head of the wearer, the cl ip means 12 extends upwardly be­tween the brim region and the crown region of the headgear to encompass the nose piece of the eyeglasses, with the lenses of the eyeglasses arranged upright at opposite sides of the cl ip means and with the temples 20 extending rearwardly above the brim region and into

In accordance with these and other objects which will become apparent hereinafter, the instant invention will now be described with reference to the accompa· nying drawings, in which: 60 the receptacles (pockets or loops).

DESCRIPTION OF THE ORA WINGS

FIG. 1 is a perspective view illustrating the use of one form of the instant invention;

FIG. 2 is a side elevation view of one embodiment of 65 the invention;

FIG. J is a side elevation view, partly broken away, of another embodiment of the invention ;

EXH IB IT C

To use the glasses, the wearer of the headgear simply tugs on the outwardly extending or bowed tab end 81 of the clip 12, unsnapping the stud from the hole (while the rivets hold securely to the headgear) and the glasses may then be slid off the band 14 from the supports. When not in use the sunglasses may be stored on the headgear in a conve nient out of the way location . In accordance with the invention a combination of a head-

PAGE 3

3 4,179,753

4 gear and spectacles are provided. The glasses are those of the wearer, either prescription or regular sunglasses, and the wearer may use the glasses of the style which are most preferred for the particular outfit being worn and, at will, change to other glasses owned by the 5 wearer.

the leg with the stud being attached to the band with the stud projecting forwardly therefrom.

8. Headgear in accordance with claim 7, wherein the clip means is formed of low density polypropylene.

9. Headgear in accordance with claim 1, wherein the headgear has a brim at the brim region.

10. Headgear in accordance with claim 1, wherein the band extends over the crown region.

In the preferred embodiment the clip means is of low density polypropelene material providing a long-lasting molded hinge means having a normal configuration shown in FIG. S and yieldable about the hinge line 66 for hooked-up engagement of the legs as shown in FIG. 1.

11. Headgear in accordance with claim 1, wherein the 10 band has a rear zone with means for connecting the side

zones of the band.

In the preferred embodiment the overall height or length of the clip means is about 4l inches and that of 15 each leg about 26 inches and the distance across each leg is about l inch, the same being relatively thin and about 1/16 inch thick. The clip means 12 is of one-piece molded plastic strip formed of low density polyprope­lene, and the button or stud is located between the rivets 20 on one side of the foldline of the leg which is affixed to the hat, and the opposite side is hingedly connected to it.

What is claimed is: 1. Headgear comprising a band adapted to encircle 25

the head between a brim region and a crown region, the band having a front zone and opposite side zones, all of said zones being above the brim region, receptacle means on the band having an opening at each side zone for receiving corresponding temples of eyeglasses, and 30

clip means on the band at the front zone for recei"ving and releasably closing about the nose piece of the eye­glasses, the clip means extending upwardly between the brim region and the crown region. to encompass the 35 nose piece with the lenses of the eyeglasses arranged upright at opposite sides thereof and with the temples extending rearwardly above the brim region and into the openings, respectively.

2. Headgear in accordance with claim 1, wherein the 40 receptacle means are pockets at the side zones that open away from the brim region so that the free ends of the temples may be readily inserted therein and withdrawn therefrom when the nose piece is free of the clip means.

3. Headgear in accordance with claim 1, wherein the 45 receptacle means are pockets at the side zones that open toward the front zone of the band so that the free ends of the temples may be readily inserted therein and with­drawn therefrom when the nose piece is free of the clip means. 50

12. In combination with eyeglasses, headgear com-prising a band adapted to encircle the head between a brim region and a crown region, the band having a front zone and opposite side zones, all of said zones being above the brim region, receptacle means on the band having an opening at each side zone receiving corre­sponding temples of the eyeglasses, and clip means on the band at the front zone receiving and releasably closing about the nose piece of the eyeglasses, the clip means extending upwardly between the brim region and the crown region and encompassing the nose piece of the eyeglasses with the lenses of the eyeglasses arranged upright at .opposite sides thereof and with the temples extending rearwardly above the brim region and into the openings, respectively.

13. A combination in accordance with claim 12, wherein the receptacle means are pockets at the side zones that open away from the brim region so that the free ends of the temples may be readily inserted therein and withdrawn therefrom when the nose piece is free of the clip means.

14. A combination in accordance with claim 12, wherein the receptacle means are pockets at the side zones that open toward the front zone of the band so that the free ends of the temples may be readily inserted therein and withdrawn therefrom when the nose piece is free of the clip means.

15. A combination in accordance with claim 12, wherein the receptacle means are loops at the side zones open so 'that the free ends of the temples may be readily inserted therein and withdrawn therefrom when the nose piece is free of the clip means.

16. A combination in accordance with claim 12, wherein the clip means comprises a pair of legs hinged to each other at a bottom region and adapted to move toward and. away from each other at a top region.

17. A combination in accordance with claim 16, wherein one of the legs has a stud adjacent to its top region and the other of the legs has a hole positioned to receive the stud, the stud having an enlargement that snaps into the hole.

4. Headgear in accordance with claim 1, wherein the receptacle means are loops at the side zones open so that the free ends of the temples may be readily inserted therein and withdrawn therefrom when the nose piece is free of the clip means.

5. Headgear in accordance with claim 1, wherein the clip means comprises a pair of legs hinged to each other at a bottom region and adapted to move toward and away from each other at a top region.

18. A combination iri accordance with claim 17, wherein the legs of the clip means are forrned integrally

55 from a plastic strip and merge with each other at a hinge line, the leg with the stud being attached to the band with the stud projecting forwardly therefrom.

6. Headgear in accordance with claim 5, wherein one of the legs has a stud adjacent to its top region and the other of the legs has a hole positioned to receive the stud , the stud having an enlargement that snaps into the hole.

7. Headgear in accordance with claim 6, wherein the legs of the clip means are formed integral! y from a plas tic strip and merge with each other at a hin ge line ,

EXHIBIT C

19. A combination in accordance with claim 18, wherein the clip means is formed of low density poly-

60 propylene.

65

20. A combination in accordance with claim 12, wherein the headgear has a brim at the brim region.

21. A combination in accordance with claim 12, wherein the band extends over the crown region.

22. A combination in accordance with daim 12, when:in the band has a rear zone with means for con­necting the side wnes of the hand .

PAGE 4

J28-76.t> AU 335 EX

unnt!u ~1a1es l'atent )72) Inventor Leah Heale

(2 I ) Appl. No. )22) Filed

52~ Hoyet Drive, San Jose, Calif. 95129 1177,896

(45) Patented Nov. 19, 1969 Apr. 20, 1971

(54] FACELIITDEVICE 8 Claim.~. 8 Drawing Figs.

(52) U.S. Cl.... .. ..... .. .......... ......... ..... ....... ............ 128/768, 132/54

(51] Int. Cl.. ..... ... ... ..... ... .. .. ...... .. ......... ...... ......... A611 5/011 (50] FieldoiSearch ............................................ 12M/76,6ll,

163; 132/53-56, 46

13

EXHIBIT D

/ I . ; ,_.:.. (II) 3,575,165

(56] Relen:nces Cited

UNITED STATES PATENTS 768,658 8/1904 Dongille ........ ..... ... ...... .

2,030,603 2/1936 McLaughlin ....... ........ .. 2,528.994 I 1/1950 Bcguhn .. ... ................. ..

Prirrwry Examiner-L. W. Trapp Allorney-John J. Leaviu

132/46X 128/76

132/54UX

ABSTRACT: A facclift device adapted to be worn on the head in a manner that it may be covered by a wig, the facelift device including an anchor portion adapted to be engaged by the ends of a multiplicity of tension members, the other ends of which are selectively secured to the wearer's skin closely adjacent the hairline and in a position to tension the skin to eliminate lines and wrinkles therefrom.

PAGE l.

PATENTED APR20 1971 3.575.165

lF.LG-. 2. 10 2

I 19

14

19

12

~

6

FiG-. 7.

18 6

INVENTOR. LEAH HEAL£.

BY

9£9~-· - · EXHIBIT D - PAGE 2

3,575,165 1

FACELIIT DEVICE

BACKGROUND OF INVENTION

2 FIG. lis a face-on view of the same woman after the facelift

device of the invention has been applied to eliminate such lines.

It is well known that for many different reasons lines and wrinkles appear in the facial tissue of people as they grow older. In some instances, lines may form in a radiating pattern at the outer comers of the eyes. Or, vertical lines may appear

FIG. 3 is a face-on view of the same woman wearing the 5 facelift device to eliminate facial lines and wearing a wig to

camouOage the presence of the facelift device.

in the forehead in general alignment with the bridge of the nose, or in some instances such lines in the forehead may extend transversely generally in parallelism with the eyes. 10

Frequently, lines form in the soft tissue below the lower eyelids, or diverge from the lower comers of the nose and extend downwardly on opposite sides of the mouth. Wherever such lines appear, they change the appearance of the person,

15 and in most cases the person whose face is so lined will generally look older than his years. It is one of the principal objects of the present invention to provide a facelift device which may be applied in a manner to selectively eliminate or minimize the prominence of whatever lines appear on the 20 face .

It has been known for years that lines may be removed f'rom

FIG . 4 is an enlarged plan view of one form of tension member, a portion of the structure being broken away to rev­eal the adhesive surface thereon.

FIG. S is a fragmentary edge view of the tension member illustrated in FIG. 4.

FIG. 6 is a composite view illustrating four different types of anchor members, and three different methods by which the tension member may be secured thereto in a detachable manner. A modified tension member formed in two parts to provide an anchor strip portion and a tension strip portion is also illustrated.

FIG. 7 is a fragmentary view illustrating one method by which the end of the tension member remote from the race may be adjustably attached to the anchor member secured on the top of the head.

FIG. 8 is a view similar to FIG. 7, illustrating a different method of adjustably securing the overlapped end of a tension member to the anchor member.

DESCRIPTION OF PREFERRED EMBODIMENT

the face through surgical procedures, and many people, particularly actors and actresses, have availed themselves of this service. Understandably, surgical procedures are 25 expensive and inconvenient, and not always successful. Accordingly, it is another object of the invention to provide a facelift device which may be applied professionally by a person trained to apply the facelift device, or which may be applied by the person who wants to wear it.

One of the disadvantages of facelifting through a surgical procedure is. that after the procedure has been completed, lines again begin to fprm in the face and there is no way in which the formation of such lines may be prevented . Accordingly, it is a still further object of the invention to 35 provide a facelift device which is selectively adjustable to impose more or less tension on facial tissues, in directions selected to do the most good or provide whatever effect is desired by the wearer. For instance, where a pe1110n 's eyes are shaped so that the outer comers dip downwardly, it is possible 40 with the facelift device of the invention to apply tension in a manner to reverse the direction in which the outer comers of the eyes extend.

In any system that applies tension continuously to a part of the human anatomy, consideration must be given to several

30 important factors . For instance, in connection with a facelift adapted to continuously impose tension on facial tissues so as to remove or minimire lines or wrinkles, consideration must be given to the fact that such tension must be imposed in a manner that is not uncomfortable for the wearer. Additionally, it is important that any such tension-applying means be capable of application by the wearer, be reliable in its attachment, and that it not require puncturing the skin of the wearer. To meet these requirements it is necessary that the facelift be capabie of adjustment to apply varying degrees of tension in various directions to varying portions of the face of the wearer, and that the facelift or tension members associated therewith be fastened to the skin in a reliable

lllere are times of course when a person need not and does not want to have his or her facial tissue tensioned so a~ to 45 eliminate lines and wrinkles therefrom. Accordingly, it is a still further object of the invention to provide a facelift device which may be applied and removed at the whim of the wearer.

manner . To accomplish these oujects, the facelift device of the

invention comprises an anchor member designated generally by the numeral 2, and illustrated in FIGS. 2 and 6 as comprising a generally semispheroidal skull cap configuration, preferably fabricated from a net or mesh type of material light

BRIEF SUMMARY OF INVENTION

In terms of broad incluaion, the facelift device of the invention is adapted to be worn over a person's natural hair and beneath a wig disposed on the head of the wearer in a manner to cover all indications that a facelift device is being worn. 1lle facelift device comprises an anchor member conformed to be secured generally centrally on the crown of the head, and adapted to be detachably engaged by tension members securable to the anchor member in a manner to radiate toward the hairline of the individual wearing the facelift device. The end of each tension member remote from the anchor member is preferably provided with an adhesive layer adapted to securely adhere to the skin of the wearer closely adjacent the hairline. The interconnection between the tension member and anchor member is such that varying degr­ees of tension may be imposed on the facial tissues, depending on the effect desired. Once the tension members have been adjusted to provide the requisite tension, the entire assembly

50 in weight yet resistant to being misshapen by application of tension to areas adjacent .its outer periphery. In the embodiment illustrated in FIG. 6, four different embodiments of an anchor member arc illustrated as portions 3, 4, S and 6, respectively.

55 Referring first to an anchor member fabricated in the form illustrated by the portion 3, the anchor member is preferably configured in the form of a skull cap fabricated from a sheet 7 or synthetic resinous or other material, having an outer

60 periphery 8, and, where desired, an inner periphery 9. It should be understood that it is not necessary that a central aperture 9 be provided in the skull cap. It has been found that in some circumstances, as illustrated in FIG. 2, it is advantageous to pull a lock of hair 10 through the aperture so

65 as to more firmly secure the skull cap to the crown of the head. On the other hand, it has also been found that securement of skull cap-type anchor members which do not have a central aperture may be effected through appropriate

is camouOaged by application of a wig thereover, or hidden from view by application of some other type of head covering. 70

use of hair pins of various styles. With the skull cap anchored securely to the top of the head,

DESCRIPTION OF ORA WINGS

FIG. I is a face-on view of a woman having lines on th.: forehead, under the eyes and around the mouth in a mllllner previously described.

EXHIBIT 0

a tension member designated generally by the numeral 12 (FIG . 4) and comprisin g an elongated strap portion I 3 integral at one end with a paddle-shaped portion 14 ha\·ing a layer of adhe~tvc 16 dispos.:d thereon , and protected against

7 5 deterioration or inadvertent adherence by a covering strip 17

PAGE 3

3,575,165 3

having a tab 18 which may be grasped by the fingers so as to remove the protective covering from the adhesive-coated end of the tension member.

The other end 19 of the tension member may terminate abruptly as illustrated in FIG . 4 without having applied thereto 5 any type of fastening means. Under these circumstances, the end of the tension member may be looped through an aperture 21 as illustrated in anchor portion 6, and tied by a knot 22. An alternative construction for the end of the tension member adapted to be attached to the skull cap is to provide a layer of I 0 adhesive 23 thereon as illustrated in FIG. 7, which permits looping the end of the tension member through the aperture in the skull cap as illustrated, and folding it back upon itself so that the two adhesive surfaces adhere to each other.

Still another alternative is illustrated in FIG. 8, in which the 15 end of the tension member is provided with a multiplicity of anchor-type hooks 24 adapted to engage, -literally bury themselves, in a layer of feltlike fibers :26 disposed on an adjacent area of the end of the tension member. Material of this type is presently available from at least one manufacturer 20 under the trade name Velcro.

Instead of fabricating the c;nd of the tension member so as to provide an end portion 19 no wider than the strip portion 13, the end of the tension member may be formed with a paddle­shaped end portion 27 as illustrated in FIG. 6, the underside of 25 which is provided with a layer of adhesive 28 designed to adhere tightly to the surface 7 of the skull portion 3 . In this embodiment, the layer of adhesive 28 is covered by an appropriate . protective covering capable of being stripped from the end of the tension member in the same manner that 30 protective strip 17 is stripped from the paddle portion 14 at the other end of the tension member.

In some circumstances, it may be preferable to fabricate the skull cap and associated end of the ·tension member in a manner similar to the end of the tension member illustrated in 35 flG. 8 . In such case, it is preferable that the skull cap portion 4 be provided over ill entire surface, or over a selected !J:Cripheral portion thereof, with a layer of feltlike fibers l9, smular to the fibers l6 discussed in connection with flG . 8, and which are adapted to be detachably engaged by hook 40 members 31 disposed on the paddle-shaped end 32 of the tension member. With this construction, it will be apparent that the end of the tension member may be secured and detached at will, and repositioned to apply as much tension as is desired by the wearer. 45

It has been found that the skull cap anchoring member may also be provided with anchor strip portions 33 which may constitute short strips caused to adhesively adhere to the anchoring member and radiate outwardly therefrom (FIG. 6), or which may constitute an integral extension radiating out- SO wardly from the outer periphery of the anchor member. The free end 34 of the anchor strip is provided with a layer 36 of adhesive, to which the associated end 37 of the tension strip portion 38 may adhere. The other end of the tension strip portion is provided with an adhe5ive layer, aa previously 55 discussed, for detachable securement to the marginal portion of the wearer's face .

I claim: I . A combination for providing a facelift device comprising:

60

65

70

EXHIBIT D

4 a. an anchor member conformable to the crown of a human

head and adapted to be detachably secured thereto; b. a plurality of tensioning members having on one end

thereof means adapted to be detachably secured adjacent a selected marginal portion of the face and on the other end thereof _having means. adapted to be detachably secured to sa1d anchor member so as to tension the skin of the face in the direction in which each said tensioning member extends; and

c . means adapted to cover the crown of the head, said anchor member and said tensioning members when applied on the head.

2. The combination according to claim I, in which each said tensioning member is provided with a layer of adhesive on its end adap{ed to be detachably secured to said marginal portion of the face .

3. The combination according to claim I, in which each said tensioning member is provided with a layer of adhesive on its end adapted to be detachably secured to said anchor member.

4. The combination according to claim 1, in which each said tensioning member is provided with a layer of adhesive at both ends thereof, and said tensioning member in the area carrying the layer of adhesive is provided with a multiplicity of apertures.

5. The combination according to claim I, in which said anchor member is provided with a series of apertures spaced around its outer edge portion, and each said tensioning member extends through an aperture and is doubled back upon itself and secured to provide a desired tension in the tension member.

6 . The combination according to claim 1, in which each said tension member includes an anchor strip portion adhesively secured to the anchor member so that a free end portion thereof extends toward said marginal portion of the face and a tension strip portion the ends of which are provided with a layer of adhesive so that one c:nd thereof may be adhesively secured to the marginal portion of the face and the other end adhesively secured to the free end ofthe anchor strip portion.

7. A facelift device adapted to be worn on the head of a wearer and applicable to tension the skin of the face, comprising:

a. an anchor member conformable to the crown of a human head and adapted to be detachably secured thereto; and

b. a plurality of tensioning members having on one: end thereof means adapted to be detachably secured adjacent a selected marginal portion of the face and on the: other end thereof having means adapted to be detachably secured to said anchor member so as to tension the skin of the face in the direction in which each said tensioning member extends.

8 . The combination according to claim 7, in which each said tension member includes an anchor strip portion adhesively secured to the anchor member so that a free end portion thereof extends toward sai<l marginal portion of the face and a tension strip portion the ends of which are provided with a layer of adhesive: so that one end thereof may be adhesively secured to the marginal portion of the face and the other end adhesively secured to the free end of the anchor strip portion.

PAGE 4

Surgeon Supply Inc.

April 2, 1984

To: Johny Patentage

RE: Patent Application Serial No. 000

Our medical consultant has just finished the review of

the Office action and has called to our attention the patent

of one of our competitors, Patent No. 4,312,338 which

combines an eyeglass support with a surgical mask.

In order to remain competitive we feel we need to market

our Retainer immediately and need patent protection. Please

draft patentable claims for the retainer which will place the

file in condition for allowance and obtain a patent for us.

If you think the Examiner is correct in his rejection,

draft claims of narrower scope and include them in the

response to the Office action.

We apologize for not being able to obtain a faster

response from our medical consultant.

President

EXHIBIT E PAGE 1

128•206.19 AU 335 EX l/26/82 XR 4,312,338

United States Patent lt9J

Glassman

(54] SURGICAL MASK

[76) Inventor: Jacob A. Glassman, 1680 Michigan Ave., Miami Beach, Fla. 33139

[21) Appl. No.: 113,578

[22]

[51] [52] [58]

[56]

Filed: Jan. ll, 1980

Int. CJ.J .................................. .............. A61F 9/04 U.S. Cl. ...... ...... ............... 128/201.12; 128/206.19 Field of Search ...................... 128/201.12, 201.14,

128/201.15, 206.19

References Cited

U.S. PATENT DOCUMENTS

2,905,172 9/1959 Rodenhouse ................... 128/201.12 2,951,418 9/1960 Bitner et a1 ...... ..... ..... 128/201.12 X 3,146,295 8/1964 Roland ... , ..... .............. 128/201.12 X 3,563,640 2/1971 Wise et al. ......... ...... .. 128/201.12 X

EXHIBIT E

(II]

[45)

4,312,338 Jan.26, 1982

3,603,315 9/1971 Becker ......... ....... ............ 128/206.19 3,747,599 7/1973 Malmin ... ....... ..... ........... 128/201.12 4,0H ,OS 7 11/1977 Backlund .. .. .... ........ ........ 128/20 l.l2 4,105,026 8/1978 Hay .... ............... ... ...... .... 128/201.12

FOREIGN PATENT DOCUMENTS

2029461 12/1971 Fed. Rep. of Germany .... .................... 128!20l.l2

Primary Examiner-Henry J. Recla Allorney, Agent, or Firm-Elmer L. Zwickel

(57] ABSTRACT

A surgical mask, or other face covering, including a structure effective to prevent a pair of spect&cles from sliding down along the nose of the wearer.

8 Claims, 9 Drawing Figures

PAGE 2

U.S. Patent Jan. 26, 1982 Sheet l of 2 4,312,338

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U.S. Patent Jan. 26, 1982 Sheet 2 of 2 4,312,338

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EXHIBIT E - PAGE 4

4,312,338 1

SURGICAL MASK

Tht! invention relates to improvements in surgical masks and is particularly concerned with the provision of novel means, integral with the mask, to engage with and support a pair of spectacles in position on the nose of the wearer. More particularly, the improvement comprist=s the provision of a novd stay or the like, fabricated from pliable shape-retaining material, on or within a surgical mask and which is adapted to be ma­nipulated at will so as to contact a pair of spectacles and maintain them in a predetermined position on the nose of the wearer. Specifically, the stay is intended to pre­vent a pair of spectacles from sliding down on the nose of the wearer during the performance of surgery. Such downward sliding often occures while the wearer's hands are occupied with a task and frequently termi­nates in the spectacles falling off the wearer's face and dropping into the surgical field . To a lesser degree, such sliding may carry the spectacles out of focus to the detriment of the patient and chagrin of the surgeon.

The within disclosure of a surgical mask equipped with a spectacle support involves the provision, along the upper margin of the mask, of a pliable shape-retain­ing member that reinforces said margin and embodies means to contact and/or grip a pair of spectacles in the area of the nose bridge. The retaining member may be enclosed within the material of the mask or it may be wholly or partially exposed.

Such a mask, when worn, may have it's spectacle engaging member manipulated readily into engagement with the spectacles after they are properly positioned on the wearer's nose. The manner of spectacle retention affords means whereby the spectacles can be retained in any specific position on the nose.

Objects of the invention are to provide a surgical mask with novel means to support a pair of spectacles

2 Referring to the reprt=sentative disclosure of the in­

vention in the accompanying drawings wherein like numbers arc used to identify similar parts; and particu­larly to FIGS. 1 and 4; there is depicted a surgical mask 11 which may be of any known or conventional con­struction, or specially constructed, having an upper edge 12 upon, adjacent to, or within which is mounted a reinforcing strip 13 of pliable shape-retaining material, such as plastic or lead alloy. When the mask is mounted

10 over the face 14 of a surgeon, or other technician, to lie across the wearer's nose, 15, the upper edge 12 (FIG . 2) lies just below the eyes 16. The wearer's spectacles 17, include a bridge 18 that lies across the nose. The posi­tion of the bridge along the length of the nose depends

15 upon the wishes of the wearer. Some wearers push the spectacles up on the nose as

far as possible, whereas other wearers locate the bridge near the tip of the nose. In either event, means is pro­vided on the strip 13 to prevent or restrain the specta-

20 cles from falling off the wearer's nose. As best shown in FIGS. 3 and 4, the strip 13 has a perpendicular exten­sion 19 that is manipulated to bring it's free end 21 into contact with the bridge 18. This engagement can be mere contact or, if desired, the free end 21 of the exten-

25 sion may be crimped or wrapped around the nose bridge, as exemplified in FIG. 4.

FIG. 5 is illustrative of a structure wherein the exten­sion 19a is projected downwardly when not in usc, but which is bent upwardly to overlie and engage the

30 bridge of the spectacles after the mask is arranged over the face.

In FIG. 6, the wearer of the spectacles 17 has pre­ferred to wear them close to the tip of the nose. In this instance, the pliable extension 19 is adjusted in such

35 manner as to cooperate with the bridge 18 of the specta­cles 17 for holding it firmly in place.

The mask 11, illustrated in FIG. 7, is substantially like those described previously, but here the extension 19b is a separate element pivotally secured, as at 22, to the

40 -pliable strip 13. Thus the extension 19b can be adjusted to lie substantially parallel to the strip, as shown in dotted lines, or be pivotally moved into a position sub­stantially perpendicular to said strip, as shown in full

on the nose of the wearer; to provide a surgical mask with a readily deformable shape-retaining spectacle support; to provide low cost means for retaining specta­cles in place on the nose of the wearer; and to provide generally a surgical mask with inherent means to sup· port a pair of spectacles in a selected position on the 45 nose of the wearer.

lines in said figure. FIGS. 8 and 9 are representative of a mask structure

that has no extension 19 but instead, a length of flexible shape-retaining material 23, such as a fabric tape, having a layer of pressure sensitive adhesive on one face thereof, is normally adhesively secured to the strip 13 or

Other advantages and objects of the invention will become apparent with reference to the following de­scription and accompanying drawing:

In the drawing: FIG. 1 is a perspective view of the mask while in

position on the face of the wearer. FIG. 2 is a front elevational view of a representative

mask embodying the improvement.

50 the material covering said strip. When use of the length 23 is required, it is peeled from the mask, and arranged perpendicular, as shown in FIG. 9, so as to over-lie and be adhesively secured to the mask 11, the spectacle bridge 18 and the nose 15.

FIG. 3 is a full front view of a mask partially broken 55 away, on the face of a wearer.

Although I have described various embodiments of my invention, in considerable detail, it will be under­stood that the description thereof is intended to be illus­trative rather than restrictive, as details of the structures may be modified or changed without departing from

FIG. 4 is a detail sectional view !&ken on line 4--4 of FIG. 3: and

FIG. 5 is a view similar to FIG. 4, showing a modi­lied structure.

FIG. 6 is a view similar to FIG. 1, illustrating the location of the spectacles close to the tip of the nose.

FIG. 7 is similar to FIG. 3 but showing a pivoted extent ion.

FIG . 8 discloses a mask having an adhesive tape sub­stituted for the pl iable shape-retaining extension, and

FIG . 9 is a view showing the mask of FIG. 8 in place and the ~ dhcs iv .: tape holding the spectacles in position .

EXHIBIT E

60 the spirit or scope of the invention. Accordingly, I do not desire to be restricted to the exact construction shown and described .

I claim : l. A surgical mask adapted to cover part of the nose,

65 the mouth and the chin of a person wearing spectacles having a nose-bridge, said mask having an upper edge adapted tu be located below said nost:-bridgc, ~ pcctacle support rncans normally attached to the nut sid e 'urfacc

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4,312,338 3 4

adaph:d to be lm.:ated below said nosc·hridge, and spec­tacle support means attached to the mask adjacent said upper edge and adapted to extend upwardly and against the front of the nose-bridge when said mask is in use for retaining the spectacles in a selected position on the nose of the wearer.

5. The surgical mask recited in claim 4, in which the said means is in physical contact with the nose-bridge.

of the mask adjacent said upper edge, said support means comprising a strip of nexible shape-retaining material having adhesive means removably and adhe­sively securing said strip to the mask, said adhesive means adapting said strip to be removed from the mask when in usc and be resecured in a vertical position to overly the mask, nose-bridge and nose of the person for retaining the spectacles against displacement on the nose.

2. The surgical mask recited in claim I, in which said means comprises a removable adhesively coated tape on the mask that is repositionable and adhesively secured at one end to the mask and at the other end to the nose-

tO 6. The surgical mask recited in claim 4, in which the said means is secured to the outside surface of the mask.

7. The surgical mask recited in claim 4, in which said means comprises a strip of shape-retaining material pivotally secured at one of it's ends to the mask. bridge and nose.

3. The surgical mask recited in claim 2, in which the t5 adhesively coated tape is carried on the outside surface of the mask prior to use.

4. A surgical mask adapted to cover part of the nose, the mouth and the chin of a person wearing spectacles having a nose-bridge, said mask having an upper edge 20

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EXHIBI':' E

8. The surgical mask recited in claim 4, wherein the spectacle support means includes a mounting strip of pliable material attached to the mask and having specta­cle engaging means integral with and extending later­ally from one edge of the strip.

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