DETAILED ACTION,
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/25/25 has been entered.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: support for “a nameplate adjacent the opening and interconnecting the facemask and shell, said plate presenting a nameplate length extending along front portion to a back portion; said at least one non-active section in the dorsal portion, includes a front distal non-active section presenting a minimum length greater than the nameplate length, such that said at least one compliant energy dissipating section is spaced from the nameplate” as provided claim 1.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: support needs to be provided for “an uppermost crown” as amended into claim 1.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: support needs to be provided for “wherein the front distal non-active dorsal section presents lateral extend, a medial height, and heights at the lateral extends greater than the medial height, so as to present a concave profile” as provided claim 26.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what would read on the “non-active sections” structurally, since the limitation details that these sections are “not to achieve the condition and not dissipate said portion of the energy, when each receives the impact”, how can a different section of the helmet made of different materials and/or constructions receive the same impact condition? The impact condition of one section would not be the same condition of another section, since the impact placement, force, angle, etc. would not be identical. Are you trying to claim a different material or structure of the non-active sections? It is unclear how any helmet material would not dissipate a portion of impact energy when impacted, is this a specific light impact, a pin-point impact, or some other specific impact? Since the structure is based upon a variable impact it makes the claimed limitations indefinite as to what structure would or would not perform the stated functions.
Applicant remark (in remarks of: 03/06/25) that the claims are not based upon variable impact, but the different portions of helmet structure. However, the claims are constructed so that the metes and bounds of what is required structurally or materially is unclear based upon how each section receives some impact. Applicant should further clarify the material or structure that differs in each of the sections to clarify what structurally is being required of the claim.
Claim 1 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what the metes and bounds of “durable material” would be. What materials would or would not read on this termed limitation? The specification is silent as to what would or would not be considered a “durable material”.
Applicant argues that the claim limitation should be afforded its ordinary meaning. However, the applicant has not provided any parameters as to what durable would or would not be structurally. Durable is a term that does not have a clear metes and bounds as to what would or would not read on it structurally or materially. One person can define one thing as durable and another person can define that same thing as not durable.
Claim 1 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what “an uppermost crown” is structurally referring to, the specification is silent as to what the uppermost crown is or is defined by.
Claims 1 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what “a front portion to a back portion” is structurally of. Is the length of the nameplate extending along a front portion and a back portion of the nameplate, if so how is this the length? Further, the specification fails to mention the front and back portion and define what it is.
Claim 15 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what “viewable” would require structurally of the dissipating section. Is the dissipating section viewable at all, or is the dissipating section based upon the structure and/or materials within and/or below the shell? Would one be able to visibly distinguish the dissipating section when viewing the helmet? It is unclear what is structurally required of the dissipating section to read on this claim.
Applicant remarks that Figures 1, 1a and 2 detail the viewable dissipating section. However, the dissipating section in figures 1, 1a and 2 is underneath the outer shell layer and would not be viewable to an onlooker when viewing the helmet.
Claims 16 and 17 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear how the composite shell, inner layer, and outer layer relate to the shell of claim 1. Is the shell an additional layer or does the composite shell comprise the shell? It is unclear what the dissipating section comprises structurally and how the structures relates to each other.
Applicant has not provided in the remarks how the composite shell, inner layer and outer layer relate in the dissipating and non-active sections. While applicant can be broad with the claim language, the claims need to be definite as to what is structurally or materially being required. Applicant should provide some discussion as to how the layers relate in each section so that there is some clarity on the record as to what applicant is intended to seek patent protection on.
Claim 23 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what helmet structure is being claimed. How does the exterior surface of the composite shell relate to the inner and outer layer? Are there three layers, the shell, inner, and outer layer or is the shell an inner and outer layer only?
Claim 23 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what is required structurally to read on the “non-active sections”, since it is unclear what the metes and bounds of “rigid” would include or exclude. There are many levels of rigidity and the term “rigid” would not make clear what would or would not read materially or structurally of the claimed term. Further, it is unclear what would read on the “non-active sections” structurally, since the limitation details that these sections do not dissipate said portion of the energy, when each receives the impact, how can a different section of the helmet made of different materials or constructions receive the same impact condition? The impact condition of one section would not be the same impact condition of another section, since the impact placement, force, angle, etc. would not be identical. Are you trying to claim a different material or structure of the non-active section? It is unclear how any helmet material would not dissipate a portion of impact energy when impacted, is this a specific light impact, a pin-point impact, or some other special impact? Since the structure is based upon a variable impact it makes the claimed limitations indefinite as to what would or would not perform the stated functions of the non-active section.
Claim 24 and the claims that depend therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 24 is indefinite since it is unclear what is required structurally to read on “configured to present a plurality of separate compartments”, are separate compartments required or some other structure that is configured to present as such? It is unclear what would or would not read on the limitation.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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 country, more than one year prior to the date of application for patent in the United States.
Claim(s) 23-24 is/are rejected under pre-AlA 35 U.S.C. 102(b) as being anticipated by Ferrara (US 2006/0059606).
In regard to claim 23, Ferrara teach a protective football helmet configured to fit upon the head of a user (helmet: 2, 2’, 250; paragraph 0033), receive an anticipatory impact having energy, and dissipate a portion of the energy when the impact is received (paragraph 0031), said football helmet comprising: a composite shell (shell: 30, 30’, 230) defining an exterior surface (see figures 2, 6, 7A, 7B, 10B, 10D, 10C), and including an inner layer and an outer layer at least partially spaced from the inner layer (inner layer: 28, 28’, 228; outer layer: 20, 20’, 220), wherein the outer layer is caused to resistively collapse towards the inner layer by the impact, so as to dissipate said portion of energy (see figures 7A, 7B, 10C 10D;0036), said outer layer defining the exterior surface and an original shape, adapted to receive the impact (20, 20’ and 220: figures 2, 6, 10B), and presenting a compliant energy dissipating section configured to resistively collapse towards the head, so as to achieve an impact condition and dissipate said portion of the energy, when receiving the impact (paragraph 0036, figures 7A, 7B, 10C, 10D), wherein the outer layer presents a first thickness, and the inner layer presents a second thickness greater than the first thickness (10B, 10C, 10D, inner layer is thicker than outer layer), said inner layer defining a rigid, non-active section configured so as to not achieve the condition and not dissipate said portion of the energy, when receiving the impact (inner layer: 28, 28’ and 228; paragraph 0036 and Figures 7A, 7B, 10C, 10D); a compressible medium intermediate the inner layer and outer layer, and operable to drive the outer layer towards the original shape when in the impact condition (compressible medium/compressible layer: 24, 24’/50, 50’, wherein the compressible medium includes a plurality of tubular elastic members orthogonally interconnecting the inner and outer layers (paragraphs 0047 and 0068); paragraphs 0046-0047, 0057 and 0065 detailing the TPE material and performance properties); and interior padding interior to the shell (internal liner: 32, 32’, 232), adapted to engage the head when the helmet is donned, and configured to be compressed when the shell receives the impact (paragraph 0050).
In regard to claim 24, Ferrara teaches wherein the medium is configured to present a plurality of separate compartments, so as to promote local deformation (see medium: 24, 24’/50, 50’, which present as separate compartments in Figures 4, 6, 7A, 7B, 10A-10D).
Response to Arguments
Applicant's arguments filed 09/25/25 have been fully considered but they are not persuasive.
Applicant has not pointed out any error in the Examiner’s interpretation of the prior art references and how they apply to the claimed limitations or any errors in the 112 2nd paragraph rejections. Therefore, the prior art and 112 2nd rejections stand and read on the limitations as detailed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732