DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
This is in response to amendment received on 06/02/26. Claims 30 has been amended and claims 46 and 47 have been newly added.
Terminal Disclaimer
The terminal disclaimer filed on 05/07/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 10,624,407, US 11,399,588, and US 9,779,060 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Drawings
The amendments to the drawings were received on 06/02/26. These drawings are accepted and entered.
Specification
The specification amendment received on 06/02/26 have been entered.
Claim Objections
Claim 39 is objected to because of the following informalities: it is unaccounted for in the listing of the claims. Appropriate correction is required.
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 36 is 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 many external threads arrangements are being claimed with respect to the first member. Claim 30, from which claim 36 depends already presented external threads on the first member. It is unclear what structure is required to read on the claim.
Any remaining claims are rejected depending from a rejected base claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, 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 negated by the manner in which the invention was made.
Claims 30, 32-33, 36, 40, 42, 44 and 45-47 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chartrand (US 6,202,223) in view of Adams (US 2,611,897), Pratt (US 6,261,042) and Dortch (US 2006/0182513).
In regard to claim 30, Chartrand teaches a protective helmet for contact sports (helmet shell: 10, figure 1), the protective helmet comprising: a helmet shell (10) having: an outer surface (see figures 1 and 2), a securement opening formed through the helmet shell (opening/mounting hole: 50 in annotated figures 1 and 2 above),
a pad assembly including: a first member having a threaded projection that extends from a base (fastener: 30 and base portion: 35), a second member having a threaded protrusion that extends from a circular flange (second member: 40, threaded protrusion: 42 and circular flange: top of 40 as seen in figures 2, 6A and 6b) and wherein in an installed position, the extent of the pad assembly (pad assembly: 20) is positioned between the base of the first member (35) and an inner surface of the helmet shell (helmet shell: 10 and figures 6a, 6b), an extent of the circular flange (top of 40) is positioned adjacent to an outer surface of the helmet shell (see figure 6b), and the threaded protrusion of the second member is coupled to the threaded projection of the first member (see figure 6a and 6b).
Chartrand teaches a football helmet (column 1, lines 5-11), however, Chartrand fails to teach the football helmet having a countersunk recess that surrounds the securement opening; and the first member projection having a tubular configuration that defines a central internal bore, and an arrangement of external threads located on an external surface of the projection.
Adams teaches a second fastener member (screw: 20) that includes an external surface (see figures 1-3), and wherein an extent of said external surface is flush with an extent of the outer surface of the shell (see figure 3, outer shell is plastic portion 14), creating a countersunk recess; whereby the flange is substantially flush with the outer surface of the shell (see figure 3).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the second member of the fastener in the outer shell of Chartrand as a countersunk recess as taught by Adams, since the second fastener member of Chartrand countersunk would provide a second fastener that does not stick out and therefore does not pull or scratch any external surfaces coming into contact with the helmet.
Pratt teaches wherein a first member of a fastener includes a projection (stud: 20) that comprises an arrangement of external threads located on an external surface of the projection (second member: nut body 16, figures 1 and 5, column 5, lines 60-67).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the first and second member of Chartrand to have the reverse external and internal surfaces as taught by Pratt, since the first and second members of Chartrand provided with the first member having external threads and the second member having internal threads would provide a fastening connection that has protected threads on the second member so that they do not become worn down or abraded as easily during removal and storage. Here we are taking one well-known fastening attachment (Chartrand) and reversing the arrangement of the external and internal threads (Pratt providing another well-known fastening arrangement.
Dortch teaches a fastener with first and second members, wherein the first member comprises a projection having a tubular configuration that defines a central internal bore (see figures 5A and paragraph 0042).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the first member of Chartrand and Pratt with the projection defining a central internal bore as taught by Dortch, since the first member of Chartrand and Pratt provided with an internal bore would provide a fastener that is lighter in weight and provides a threaded internal bore that allows for a threaded tool to be inserted and held therein.
In regard to claim 32, the combined references teach wherein an upper surface of the second member (Pratt: nut body 16) includes a recess configured to engage a device (Pratt: tool engaging structure: 42, figure 1 and column 4, lines 49-54) that facilitates manipulation of the second member with respect to the first member to attain the installed position (Pratt: column 4, lines 49-54).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the second member of Chartrand to have the upper recess as taught by Pratt, since the second members of Chartrand provided with an upper recess would provide a fastening connection that allows a tool to tighten or loosen that second member with the first member as desired.
In regard to claim 33, Chartrand teaches wherein the pad assembly includes a housing and a pad member positioned within said housing (housing is treated outer surface of urethane, latex or vinyl; column 3, lines 23-26 and pad member is shock absorbing material: column 3, lines 14-29) , and wherein an extent of said housing is positioned between the first member and the pad member (housing is treated outer surface is positioned between the first member: 30 and the pad member of 20: See figure 6a).
In regard to claim 36, Pratt teaches wherein the threaded projection of the first member (stud: 20) includes an arrangement of external threads that are cooperatively dimensioned is cooperatively dimensioned with the threaded protrusion to facilitate coupling of the first and second members in the installed position (second member: nut body 16, figures 1 and 5, column 5, lines 60-67).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the first and second member of Chartrand to have the reverse external and internal surfaces as taught by Pratt, since the first and second members of Chartrand provided with the first member having external threads and the second member having internal threads would provide a fastening connection that has protected threads on the second member so that they do not become worn down or abraded as easily during removal and storage. Here we are taking one well-known fastening attachment (Chartrand) and reversing the arrangement of the external and internal threads (Pratt providing another well-known fastening arrangement.
In regard to claim 40, Pratt teaches wherein the second member includes a through opening extending through the flange and communicating with an interior of the threaded protrusion (second member: nut body 16, figures 1 and 5, column 5, lines 60-67).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the first and second member of Chartrand to have the reverse external and internal surfaces and through opening of the second member as taught by Pratt, since the first and second members of Chartrand provided with the first member having external threads and the second member having internal threads and a through opening would provide a fastening connection that has protected threads on the second member so that they do not become worn down or abraded as easily during removal and storage. Here we are taking one well-known fastening attachment (Chartrand) and reversing the arrangement of the external and internal threads (Pratt providing another well-known fastening arrangement.
In regard to claim 42, the combined references teach wherein the helmet shell includes a countersunk recess that is designed to receive an extend of the flange when the pad assembly is in the installed position (Adams teaches the countersunk recess in the shell that the flange of the second member extends into: see figures 1-3).
In regard to claim 44, Chartrand teaches wherein the first member is integrally formed with an extend of the pad assembly (see figure 6a and 6b: first member: 35).
In regard to claim 45, the combined references teach wherein the flange of the second member includes an external surface, and wherein an extend of said external surface is flush with an extend of the outer surface of the helmet shell (Adams teaches the countersunk recess in the shell that the flange of the second member extends into: see figures 1-3).
In regard to claim 46, Chartrand teaches wherein the pad assembly includes: a housing (housing is treated surface: column 3, lines 23-26), and a pad member positioned within said housing (shock absorbing material of pad assembly: 20, column 3, lines 14-22), and wherein an extent of the housing is positioned adjacent to an extend of an inner surface of the helmet shell (see figures 6a and 6b), and said extent of said housing is positioned between said extent of said inner surface of the helmet shell and an outer surface of said base of the first member (see extent of outer treated surface of pad next to the fastener assembly in figure 6a and 6b).
In regard to claim 47, Chartrand teach wherein the first member includes a boss extending outward from an outer surface of said base of the first member (Chartrand: 39, figures 3, 6a and 6b), and wherein said projection extending outward from the boss and in outer surface of the boss is positioned adjacent to an extend of an inner surface of the helmet shell (Chartrand: column 4, lines 48-63).
Allowable Subject Matter
Claims 21, 23-25, 27-29, 41 and 43 are allowed.
Claim 37 is 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 06/02/26 have been fully considered but they are not persuasive.
Applicant argues that Chartrand, Adams and Pratt fails to teach the first member with an external thread and central internal bore as amended into claim 30.
The reference to Dortch (US 2006/0182513) has been brought into the rejection of claim 30 and the claims that depend therefrom to teach the limitation as amended and detailed above.
Conclusion
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 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 ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached on (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
Prosecution Insights