DETAILED ACTION
This office action is responsive to the amendment filed 12/29/2025. As directed, claims 3 and 14 have been amended and no claims have been added or canceled. Thus claims 1-20 are currently pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (2020/0179172).
Regarding claim 1, Johnson discloses a helmet comprising: a helmet shell (20); and a breathing mask assembly (40, 42, 44) connected to the helmet shell (i.e. via cables, googles), the breathing mask assembly (42, 44) comprising: a breathing mask ([0017] lines 1-18); a flexible connector (60) connecting the breathing mask (42, 44) to the helmet shell (20); and an actuator (50) mounted to the breathing mask and operatively connected to the flexible connector ([0017] lines 1-10), the actuator (50) and the flexible connector (60) being configured such that moving the actuator (50) from a first position to a second position (rotate) shortens a length of the flexible connector extending between the actuator and the helmet shell thereby moving the breathing mask closer to a rear of the helmet shell ([0018] last 6 lines), the actuator (50) moving with the breathing mask closer to the rear of the helmet shell ([0018] lines 1-15, [0019] lines 1-20).
Regarding claim 2, Johnson discloses a right end of the flexible connector (60) is connected to the helmet shell on a right side of the breathing mask (fig. 8 shows connection on the right side); a left end of the flexible connector (60) is connected to the helmet shell on a left side of the breathing mask (40) (fig. 8 shows connection on the left side); and the actuator (50) is connected to a central portion of the flexible connector (60).
Regarding claim 3, Johnson discloses the actuator (50) rotates between the first and second positions thereby winding the flexible connector about a portion of the actuator ([0018] last 6 lines).
Regarding claim 4, Johnson discloses the actuator includes a turning knob (50).
Regarding claim 19, Johnson discloses a jaw shield (i.e. front plate) connected to the helmet shell (as shown in figs. 1 and 2, a jaw plate sits between the actuator 50 and the helmet shell as shield); wherein the breathing mask is disposed behind the jaw shield (as shown, the breathing mask is within the helmet behind the shield).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Fournier et al. (6,859,946).
Regarding claims 14 and 15, Johnson substantially teaches the claimed invention except for the breathing mask defines a breathing mask air inlet and at least one breathing mask air outlet, the breathing mask air inlet and the at least one breathing mask air outlet fluidly communicating with the interior of the breathing mask. wherein the breathing mask assembly further comprises: a one-way inlet valve connected to the breathing mask, the one-way inlet valve permitting air to flow into the interior of the breathing mask via the breathing mask air inlet and preventing air to flow out of the interior breathing mask via the breathing mask air inlet; and at least one one-way outlet valve connected to the breathing mask, the at least one one-way outlet valve permitting air to flow out of the interior of the breathing mask via the at least one breathing mask air outlet and preventing air to flow into the interior of the breathing mask via the at least one breathing mask air outlet. However, Fournier teaches in fig. 3 the breathing mask (200) defines a breathing mask air inlet (262) and at least one breathing mask air outlet (266), the breathing mask air inlet and the at least one breathing mask air outlet fluidly communicating with the interior of the breathing mask (col. 11 lines 59-65, col. 12 lines 1-10) wherein the breathing mask assembly further comprises: a one-way inlet valve (265) connected to the breathing mask, the one-way inlet valve permitting air to flow into the interior of the breathing mask via the breathing mask air inlet and preventing air to flow out of the interior breathing mask via the breathing mask air inlet (col. 1 1lines 50-65); and at least one one-way outlet valve (267) connected to the breathing mask, the at least one one-way outlet valve (267) permitting air to flow out of the interior of the breathing mask via the at least one breathing mask air outlet and preventing air to flow into the interior of the breathing mask via the at least one breathing mask air outlet (col. 12 lines 1-20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the mask of Johnson with check valves as taught by Fournier to provide the advantage of enhanced breathing protection for a user and humidity reduction.
Allowable Subject Matter
Claims 5-13, 16-18, and 30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
Applicant argues on page 8 1st full paragraph that the knob of Johnson does not move with the breathing mask towards the rear, Examiner respectfully disagrees. Johnson discloses use and incorporation of the old and well known BOA FIT System ([0017] last 5 lines, https://www.boafit.com/products) which draws the front and rear parts towards one another as the cable is tightened via rotation of the knob. Thus the knob 50 at the front of the helmet of Johnson moves towards the rear as the tightening of cable 60 draws the front and rear towards each other (see [0019] lines 1-20, [0017] last line). Thus Johnson teaches this limitation as claimed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785
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