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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the wherein the central part runs substantially along a crest line of the outer shell must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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.
Claim(s) 1 -10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (US 2015/0074876) in view of Cotterman et al. (US 2013/0239303). The device of Chang teaches,
With respect to claim 1, a helmet (80) comprising. an outer shell for distributing impact forces, a head support ring (20) for placing on a head of a wearer of the protective helmet, and an adjustment device (70) for adjusting a circumference of the head support ring for adapting to the head of the wearer (abstract), wherein the adjustment device (70) is guided through at least one opening (81) of the outer shell for operation from outside the outer shell (Figure 1);
The device of Chang substantially discloses the claimed invention but is lacking a spring tension device in the adjustment device.
The device of Cotterman et al teaches a helmet having and adjustment device wherein,
The adjustment device is adapted to tension a spring (338) of the protective helmet during adjustment of the circumference in such a manner that the tension of the spring device acts to transfer the circumference of the head support ring (102) into a basic circumference (para 0102). It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the tension spring adjustment device as taught by Cotterman in order to provide easy tightening and loosening of the device ( para 0104).
With respect to claim 2, the device of Chang has a button (70) for adjusting the circumference by a rotary movement, which button configured to be turned from outside the outer shell (Figure 1) wherein the button is guided through the at least one opening (81).
With respect to claim 3, the at least one opening is a bore (81) completely surrounded by the outer shell wherein the at least one opening is arranged on a rear side of the outer shell (Figure 1).
With respect to claim 4, The device of Chang substantially discloses the claimed invention but is lacking a cable arrangement.
The device of Cotterman teaches, and adjustment device (116) and head support ring (102) wherein the adjustment device (116) comprises a cable arrangement (114) coupled to the button (Figure 3) wherein the cable arrangement is adapted to apply a pulling actuation to the head support ring (para 0102, 0104) for adjusting the circumference, by a turning of the button. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the cable system taught by Cotterman et al. in order to provide a flexible, comfortable means for adjusting the circumference.
With respect to claim 5, the adjustment device (116) is adapted to reduce the cable length of the cable arrangement by winding up the cable arrangement to adjust the circumference of the head support ring (para 0108).
With respect to claim 6, the cable arrangement (114) is guided through the at least one opening (140a, 140b) and in combination, the button (70) is arranged outside the outer shell (Figure 1; Chang).
With respect to claim 7, the head support ring has two flexible guide parts (148; 148) which are adapted to be displaced onto one another for adjusting the circumference of the head support ring, wherein the guide parts form at least partially the circumference of the head support ring (Figure 3, Cotterman et al.).
With respect to claim 8, wherein the adjustment device (116) is adapted to displace the guide parts (148) on to one another for adjusting the circumference, wherein the guide parts have a respective guide opening (148a, b) , wherein the guide openings align (Figure 3) at least partially with one another and thereby forming a complete opening (Figure 3), wherein the area of the complete opening is adapted by adjusting the circumference of the head support ring.
With respect to claim 9, wherein the spring device (338) is connected (via the cables 114) to the guide parts in the region of the respective guide opening (Figure 2) and is adapted to apply a tension of the spring device as spring force to the guide parts (para 0102 and 0104) the spring device (338) has a tensile load spring for applying the spring force to the guide parts that the spring device (338) is arranged substantially at the complete opening (in combination the spring of Cotterman et al, is within the adjustment device and would be completely within the opening taught by Chang).
With respect to claim 10, the cable arrangement (114) is adapted to apply a substantially oppositely directed tensile force to the guide parts in each case to adjust the circumference of the head support ring (para 0102, 0104) the spring device (338) is arranged (Figure 3) between fastening points of the cable arrangement with the respective guide parts (140a, 140b).
With respect to claim 12, the adjustment device (116) is adapted to be released by a release actuation (para 0117) so that as a result of its pre-tension the spring device transfers the head support ring into the basic circumference, wherein the release actuation comprises a pressure actuation (Turning the device requires pressure, in as much as claimed by the applicant).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang and Cotterman et al, as applied above, and further in view of Pfanner et al. (US 9,480,293). The modified device of Chang substantially discloses the claimed invention but is lacking a neck protector.
The device of Pfanner et al. teaches,
With respect to claim 11, the protective helmet has a neck protector (70) to substantially completely cover a neck of the wearer, which neck protector (70) arranged at a lower edge of the outer shell (Figure 2) and in combination the guide parts (148) of Cotterman would be are offset in the vertical direction with respect to the outer shell and are arranged in such a manner that would be are covered by the neck protector (70).
It would have been obvious to a person having ordinary skill in the art at the time the invention as effectively filed to utilize the neck protector taught by Pfanner et al. in order to provide improved protection for the user.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang and Cotterman et al, as applied above, and further in view of Musal (US 2010/0170068)
The modified device of Chang substantially discloses the claimed invention but is silent with respect to an inner part.
With respect to claim 13, the device of Musal teaches a protective helmet has at least one inner layer part (121) received by the outer shell for damping impact forces and that the head support ring (108) and in combination with the modified device of Chang, for fastening the head support ring (see Figure 2) to the at least one inner layer part the at least one inner layer part (121) is arranged in a fixed position with respect to the outer shell (Figure 1).
It would be obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the inner part taught by Musal in order to provide improved protection for the user.
With respect to claim 14, the main section in combination, is connected to the at least one inner layer part (112) such that the at least one inner layer part maintains its position with respect to the outer shell upon an adjustment of the circumference of the head support ring (Figure 2).
With respect to claim 15, the main section (110) of Cotterman is substantially T-shaped with two elongate and oppositely running arms (Figure 3) for fastening to a respective guide part (148) and with an elongate central part for fastening in a central region of the outer shell (Figure 3), wherein the arms (near 130a, b) substantially along a side edge of the outer shell (1), in particular that wherein the central part runs substantially along a crest line of the outer shell
Allowable Subject Matter
Claim 8 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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 Ostrup can be reached at 5712725559. 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.
RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732
Prosecution Insights