DETAILED ACTION
This action is in response to communications filed on July 14, 2025 and October 3, 2025.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Applicant’s election without traverse of Invention II (claims 11-17, drawn to a coupler) in the reply filed on March 18, 2024 is acknowledged.
Status of claims
Claims 11-17 are pending. Examiner notes in the reply filed on October 3, 2025, claims 1-10, 18-20 are marked as being “withdrawn”. However, Applicant’s previous reply filed March 18, 2024 had already canceled claims 1-10, 18-20. Accordingly, claims 1-10, 18-20 remain canceled.
Claim Rejections - 35 USC § 102
Claims 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anscher (US 5,775,859).
Regarding claim 11, Anscher (Fig. 1-7) discloses a coupler (coupler comprises members 1, 20 and 21) comprising:
a first section (22 of member 20);
a second section (25 of member 21);
an upper core (upper core is formed by the combination of 23 of member 20 and 24 of member 21) between the first section and the second section (see Fig. 5-7), the upper core having a hollow central column (23 and 24 are hollow columns) and a plurality of supports surrounding the hollow central column (27 of member 20 are supports that surround the hollow column 23);
a third section (4 of member 1); and
a lower core (5 of member 1) between the second section and the third section (5 of member 1 extends between the second and third sections as seen in Fig. 7), the lower core being a sprocket having a plurality of teeth (lower core 5 is a sprocket having teeth 14 extending from it).
Regarding claim 12, Anscher discloses wherein the first section is configured for connection to a helmet (first section 22 of member 20 is capable of being connected to a helmet).
Regarding claim 13, Anscher discloses wherein the lower core (5 of member 1) has a height (see axial length of 5 in Fig. 2-3), the height being sufficient to accommodate a thickness of an outer frame of a helmet harness and a thickness of an inner frame of the helmet harness (the height of the lower core 5 of member 1 is capable of being sufficient to accommodate thicknesses of an outer frame and inner frame of a helmet harness).
Regarding claim 14, Anscher discloses wherein the teeth (14) of the sprocket are configured to engage a corresponding plurality of notches in an opening in an outer frame of a helmet harness (the teeth 14 are capable of engaging a plurality of notches in an opening of an outer frame of a helmet harness).
Claim Rejections - 35 USC § 103
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Anscher.
Regarding claim 15, Anscher discloses wherein a tooth of the plurality of teeth (14) of the sprocket has an apex (see Annotated Fig. 1 below), but does not explicitly disclose wherein the apex is rounded. However, Applicant is reminded that it has been held that where the general conditions of a claim are disclosed the prior art, changing the shape of a prior art device involves only routine skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). As such, it would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Anscher to have the apex of each tooth be rounded, as such only involves routine skill in the art.
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Annotated Figure 1
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Anscher in view of Sisitsky et al. (US 10,876,557; hereinafter Sisitsky).
Regarding claim 16, Anscher discloses wherein at least one of the first section (22 of member 20) or the second section (25 of member 21) has a center hole (each the first section and second section has a center hole extending through hollow columns 23 and 24). Anscher does not explicitly disclose wherein at least one of the first section or the second section has a plurality of peripheral holes surrounding the center hole.
Sisitsky (Fig. 1-9) teaches of a coupling system the couples a first (4) and second (6) members together, wherein the coupling system comprises female couplers (2) and male couplers (3), each of the female couplers comprising a first section (200) and a second section (204) which each have a plurality of corresponding peripheral holes (see Fig. 2) that receive fasteners (205) to fix the first and second sections together (see Col. 4 lines 23-25). Further, each of the male couplers also comprise a first section (300) and a second section (306), which each have a plurality of corresponding peripheral holes (see Fig. 3) that receive fasteners (307) to fix the first and second sections together (see Col. 4 line 66 – Col. 5 line 2).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Anscher with the teachings of Sisitsky, to have each of the first and second sections of Anscher comprise a plurality of corresponding peripheral holes that surround their respective center holes, as in doing so would allow for the first and sections to be further fastened to one another when they are secured to member (29) of Anscher.
Regarding claim 17, Anscher discloses wherein the first section (22 of member 20) has a center hole (center hole extends through hollow column 23); and
the second section (25 of member 21) has a corresponding center hole (center hole extends through column 24).
Anscher does not explicitly disclose wherein the first section has a plurality of peripheral holes surrounding the center hole, wherein the second section has a corresponding plurality of peripheral holes surrounding the center hole; and wherein the peripheral holes of the first section and the peripheral holes of the second section are spaced between the supports.
Sisitsky (Fig. 1-9) teaches of a coupling system the couples a first (4) and second (6) members together, wherein the coupling system comprises female couplers (2) and male couplers (3), each of the female couplers comprising a first section (200) and a second section (204) which each have a plurality of corresponding peripheral holes (see Fig. 2) that receive fasteners (205) to fix the first and second sections together (see Col. 4 lines 23-25). Further, each of the male couplers also comprise a first section (300) and a second section (306), which each have a plurality of corresponding peripheral holes (see Fig. 3) that receive fasteners (307) to fix the first and second sections together (see Col. 4 line 66 – Col. 5 line 2).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Anscher with the teachings of Sisitsky, to have each of the first and second sections of Anscher comprise a plurality of corresponding peripheral holes that surround their respective center holes, as in doing so would allow for the first and sections to be further fastened to one another when they are secured to member (29) of Anscher. In doing so, the peripheral holes of the first and second sections would thereby be spaced between the supports (27) of Anscher.
Response to Arguments
The amendments to the specification and drawings filed July 14, 2025 have been received and entered. Accordingly, the prior drawing objections have been withdrawn.
The amendments to the claims filed October 3, 2025 have been received. Accordingly, the prior claim objections have been withdrawn. Further regarding Applicant’s amendments to the claims, claims 1-10, 18-20 are marked as being “withdrawn”. However, Applicant’s previous reply filed March 18, 2024 had already canceled claims 1-10, 18-20. Accordingly, claims 1-10, 18-20 remain canceled.
Applicant’s arguments filed in response to the prior action were received on July 14, 2025. As to claim 11, Applicant argues that the coupler of Anscher does not disclose of “a plurality of supports surrounding the hollow central column”, as Applicant states that components 27 of Anscher are “guides”, not supports. Examiner respectfully disagrees.
As stated above, the coupler of Anscher discloses of an upper core (formed by the combination of 23 of member 20 and 24 of member 21) having a hollow central column (both 23 and 24 are hollow central columns as seen in Fig. 4). Further, hollow central column (23) has components (27) surround the hollow central column. Said components (27) are axially extending members that have a reinforcing thickness on opposing sides of the column. Being that components (27) increase the thickness of the hollow column at locations of the components relative to a remainder of the thickness of the hollow column, the increased thickness provided by the components provides structural reinforcement, i.e. support, to the column. Further, components (27) are configured to couple with members (26), such that members 20 and 21 are able to connect with one another. Being such, components (27) are able to facilitate, i.e. support, the connection between members 20 and 21. As such, based upon Examiner’s interpretation of the prior art, and when giving the claims their broadest reasonable interpretation, Anscher does disclose of “a plurality of supports surrounding the hollow central column”, as supports (27) provide structural support to the hollow column and support the connection between members 20 and 21.
Further regarding claim 11, Applicant argues that the coupler of Anscher does not disclose of “a lower core between the second section and the third section, the lower core being a sprocket having a plurality of teeth”. Examiner respectfully disagrees.
As stated above, the coupler comprises a lower core (5 of member 1), a second section (25 of member 21) and a third section (4 of member 1). Examiner has identified and interpreted that the lower core (5) is a sprocket having a plurality of teeth, as the lower core has the cylindrical shape of a wheel, with teeth (14) extending therefrom. Further, when viewing Fig. 7 of Anscher, it can be clearly seen that the lower core extends between axial distance of the second section (25 of member 21) and the third section (4 of member 1). As such, based upon Examiner’s interpretation of the prior art, and when giving the claims their broadest reasonable interpretation, Anscher does disclose of “a lower core between the second section and the third section, the lower core being a sprocket having a plurality of teeth”.
As to claims 12, 13, 14, Applicant argues that Anscher does not disclose wherein the first section is configured for connection to a helmet”, “wherein the lower core has a height, the height being sufficient to accommodate a thickness of an outer frame of a helmet harness and a thickness of an inner frame of the helmet harness”, and “wherein the teeth of the sprocket are configured to engage a corresponding plurality of notches in an opening in an outer frame of a helmet harness”, respectively, as Applicant states that the coupler of Anscher is directed to securing floor mats to carpets. Examiner respectfully disagrees.
Regarding claims 12-14, Examiner notes that the claims are specifically noted to that of a coupler, not the combination of a coupler and a helmet/helmet harness. Such is further evidenced by Applicant’s election of Invention II in the response to the restriction requirement dated March 18, 2024. Thus, the language within claims 12-14 pertaining to the helmet/helmet harness are solely directed to an intended use of the coupler. Applicant is reminded that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. While Anscher may be silent specifically regarding their coupler’s compatibility with a helmet/helmet harness, they do not specifically state that the coupler is only to be used for securing floor mats to carpets. Thus, based upon Examiner’s interpretation of the prior art, and when giving the claims their broadest reasonable interpretation, the coupler of Anscher is capable of being compatible with a helmet. As such, there is no structural difference between the claimed inventions of claims 12-14 and the coupler of Anscher, and the coupler of Anscher is capable of performing the claimed intended uses.
Regarding claims 16-17, Applicant argues that modifying Anscher with the teachings of Sisitsky would not be obvious, as doing such would result in “negating the inconspicuous design” of Anscher’s device as “fastener bodies might then protrude from the flanges 22 and 25, which is not desirable for use with a floor mat”. Examiner respectfully disagrees.
The assertion that “fastener bodies might then protrude from the flanges 22 and 25” is mere speculation on the part of Applicant. Further, the teachings of Sisitsky would still allow for the device of Anscher to function as intended. Members 20 and 21 are to be are to be arranged and connected to a first component 29, wherein member 1 is used to removably connect with members 20 and 21, such that a second component (30) is then removably connected to the first component. The providing of peripheral holes within the first and second sections (22, 25) of Anscher to receive fasteners such that members 20 and 21 are securely fastened to the first component (29) would still allow for the removable connection of member 1 with members 20 and 21, and allow for the second component (30) to be removable from the first component. Further, the provision of the peripheral holes and fasteners would even still allow for members 20 and 21 to be disconnected form the first component by simply removing the fasteners. Thus, based upon Examiner’s interpretation of the prior art and when giving the claims their broadest reasonable interpretation, the combination of Anscher in view of Sisitsky would be obvious and still allow for the device of Anscher to function as intended. As such, claims 16-17 remain rejected over Anscher in view of Sisitsky.
Conclusion
9. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN J BAYNES whose telephone number is (571)270-1852. The examiner can normally be reached on M-F 8:30AM-4:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached on 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.J.B./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678