DETAILED ACTION
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 31 March 2026 has been entered.
Response to Amendment
Applicant’s amendment, received 31 March 2026, is reviewed and entered. This Office Action is a non-final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
13, 17
Newly Added
25
Canceled
1-12, 15-16, 20, 23-24
Pending
13-14, 17-19, 21-22, 25
Presented for Examination
13-14, 17-19, 21-22, 25
Response to Arguments
Applicant's arguments filed 31 March 2026 have been fully considered but they are not persuasive.
112(b) Rejections
Overcome by the amendment and withdrawn.
102 Rejections
Overcome by the amendment and withdrawn.
103 Rejections
Applicant’s arguments are drawn to newly amended claims and are addressed in the rejections below.
Applicant argues modifying Barstow to include magnets would yield a connection insufficient for the Barstow intended use. This is Applicant’s speculation and is not supported by the Barstow reference. As set forth in the rejection below, Barstow is obviously modifiable with magnets to achieve a secure and releasable connection.
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 “the at least two flexible elements being at least one of strings, ropes, cables or webbings” (claim 13) and “the at least two flexible elements being at least one of strings, ropes, cables or straps” (claim 25) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings only have support for strings 13.1, 13.2 (specification page 12) and there are no “ropes, cables or webbings” in the figures.
Furthermore, the drawings only support strings and not an embodiment having more than one of strings, ropes, cables or straps/ webbings.
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.
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: “the at least two flexible elements being at least one of strings, ropes, cables or webbings” (claim 13) and “the at least two flexible elements being at least one of strings, ropes, cables or straps” (claim 25) is not supported for two reasons:
First, the disclosure does not support “webbings.”
Second, the disclosure has support for “one of” strings, ropes, cables or straps (specification page 7), not “at least one of” strings, ropes, cables or webbings/ straps. There is no disclosure of more than one of strings, ropes, cables or webbings/ straps.
Claim Objections
Claim 25 is objected to because of the following informalities: delete the numbers 10, 15, 20, and 25 from the body of the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13-14, 17-19, 21-22, 25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The new matter is “the at least two flexible elements being at least one of strings, ropes, cables or webbings” (claim 13) and “the at least two flexible elements being at least one of strings, ropes, cables or straps” (claim 25) is not supported for two reasons:
First, the disclosure does not support “webbings.”
Second, the disclosure has support for “one of” strings, ropes, cables or straps (page 7), not “at least one of” strings, ropes, cables or webbings/ straps. There is no disclosure of more than one of strings, ropes, cables or webbings/ straps.
Claim Rejections - 35 USC § 103
Claim(s) 13-14, 17-19, 21-22 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Barstow et al. (US 3548411 A), hereinafter, “Barstow” in view of Finiel et al. (US 20140173811 A1) and Harris (US 20100012692 A1).
As to claim 13, Barstow discloses a protective helmet (“RETRACTABLE GOGGLES FOR HELMET,” title) comprising a shell with an open facial region and a movable visor (10, 13),
wherein said visor is movable between a first position, in which the visor at least partially covers said open facial region and in which an inner side of the visor is configured to overlap with a wearer's eye area (FIGS 1-2), and
at least one second position, in which said visor lies on said shell substantially outside of the open facial region, and in which the inner side of the visor overlaps with an outer surface of the shell (FIG 1 in phantom),
wherein the visor comprises at least one first element of a detachable fastening means arranged on an edge of the visor (28, see col 3 line 10-35), and
wherein the shell comprises at least two second elements of the detachable fastening means arranged on the shell such that a first of said at least two second elements of the detachable fastening means holds the visor when the visor is in said first position and a second of said at least two second elements holds the visor when the visor is in said at least one second position, respectively, by forming a releasable connection with the first element of the detachable fastening means arranged on said visor (26 and 27, see col 3 line 10-35).
Barstow does not disclose the at least one first element and the at least two second elements of the detachable fastening means being magnets.
Finiel teaches a similar helmet (“Unit composed of helmet and protective eye mask,” title), including a shell (11) and visor (12), the visor having a first position (FIG 1), the visor having magnets on the edge of the visor (20), the shell having magnets (15), and the visor held in detachable connection with the shell via the magnets.
Both Barstow and Finiel are drawn to detachable fasteners for holding the visor in position on the shell. Barstow’s detachable fasteners comprise a keeper that detachably fastens in an opening and Finiel’s detachable fasteners comprise complementary magnets. One of ordinary skill would recognize that the keeper and opening and complementary magnets are functionally equivalent fasteners that would be interchangeable depending on the intended end use and aesthetics.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Barstow’s detachable fastener system as magnets, where the first and second openings are replaced with magnets and the keeper is replaced with a complementary magnet, for the purpose of providing a fastening system that replaces the need for a track for the purposes of aesthetics and reduced drag, while still reliably positioning the visor in the desired position.
Barstow does not disclose wherein the visor is further attached to the shell by at least two flexible elements which are arranged on two opposing lateral sides of the visor, the at least two flexible elements being at least one of strings, ropes, cables or webbings.
Barstow does disclose the visor is attached to the shell by at least two elements which are arranged on two opposing lateral sides of the visor (see below), but not the claimed structure of the elements.
Harris teaches a similar helmet (title) including the visor (112) is further attached to the shell (FIG 8) by at least two flexible elements which are arranged on two opposing lateral sides of the visor (combination of 110, 116, 120, and 122; para. 0029 discloses this structure is on each opposing lateral side; para. 0029 discloses there is a web 114 between 110 and 112; para. 0030 discloses 122 is elastic cord; para. 0030 discloses 120 is elastic webbing cut short), the at least two flexible elements being at least one of strings, ropes, cables or webbings (any of 114, 122, or 120 would read on the claimed “strings, ropes, cables or webbings”).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Barstow’s “at least two elements” with Harris’ “at least two flexible elements, either by replacing Barstow’s with Harris’ or by providing Harris’ in addition to Barstow’s, in order to provide a known means of attaching a visor to a helmet shell, and to allow the visor to be placed in several different positions (Harris para. 0031).
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As to claim 14, Barstow as modified does not disclose the protective helmet according to claim 13, wherein said at least two flexible elements are made of a non-elastic material.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide at least one of the components of the modified Barstow two flexible elements to be made of non-elastic elements, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide at least one of the components of the modified Barstow two flexible elements to be made of non-elastic elements, for the purpose of providing the desired fit around the face, lending durability to the connection, and providing some resistance to impacts.
As to claim 17, Barstow as modified discloses the protective helmet according to claim 13, wherein the at least two second elements are embedded in the shell (this is the result of the modification presented in the rejection of claim 13 above, where Barstow’s shell is provided with Finiel’s magnets, and Finiel shows elements/ magnets 15 embedded in the shell and in the modified helmet, both second elements/ magnets would obviously be embedded in the shell).
As to claim 18, Barstow as modified by Finiel discloses the protective helmet according to claim 13, wherein said visor comprises two first elements of the detachable fastening means (this is the result of the modification presented in the rejection of claim 13 above, see Finiel 20 in fig 2), said two first elements being arranged on opposite lateral edges of the visor (this is the result of the modification presented in the rejection of claim 13 above, see Finiel figs 2 and 3), wherein the shell comprises at least two pairs of second elements of the detachable fastening means (this is the result of the modification presented in the rejection of claim 13 above, see Finiel 15, fig 2), said at least two pairs of second elements being arranged on the shell such that a first pair of said at least two pairs of the second elements may form a releasable connection with the two first elements arranged on said visor when said visor is in the first position, and at least one second pair of said at least two pairs of second elements may form a releasable connection with the two first elements arranged on said visor when said visor is in the second position (capable of forming and intended to form).
As to claim 19, Barstow as modified by Finiel discloses the protective helmet according to claim 17, wherein said visor comprises two additional first elements of the detachable fastening means arranged on an upper side of the visor (this is the result of the modification presented in the rejection of claim 13 above, see Finiel 20 in fig 2), wherein the shell comprises two additional pairs of second elements of the detachable fastening means arranged on the shell (this is the result of the modification presented in the rejection of claim 13 above, see Finiel 15 in fig 2), said at least two additional pairs of second elements being arranged on the shell such that a first additional pair of said at least two additional pairs of the second elements may form a releasable connection with the two additional first elements arranged on said visor when said visor is in the first position, and at least one second additional pair of said at least two additional pairs of second elements may form a releasable connection with the two additional first elements arranged on said visor when said visor is in the second position (capable of forming and intended to form).
As to claim 21, Barstow as modified discloses the protective helmet according to claim 13, wherein said at least two flexible elements are removably connected to the shell and/or to the visor (capable of being removed, such as by cutting the flexible elements free from the shell and/ or the visor, see also Harris para. 0031 which discloses he at least two flexible elements are removable from the helmet).
As to claim 22, Barstow discloses the protective helmet according to claim 13,wherein said at least two flexible elements each are connected at one end to an anchoring element (Barstow 16 and/ or Harris 28/30), said anchoring element being removably connected to the shell or to the visor (capable of being removed such as by cutting, see also Harris para. 0031 which discloses he at least two flexible elements are removable from the helmet).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Finiel et al. (US 20140173811 A1) in view of Harris (US 20100012692 A1).
As to claim 25, Finiel discloses a protective helmet (title) comprising a shell with an open facial region (11) and a movable visor (12), wherein said visor is movable between a first position, in which the visor at least partially covers said open facial region and in which an inner side of the visor is configured to overlap with a wearer's eye area (FIG 13), and at least one second position, in 10 which said visor lies on said shell substantially outside of the open facial region and in which the inner side of the visor overlaps with an outer surface of the shell (FIG 15).
Finiel does not disclose wherein the visor comprises at least one first element of a detachable fastening means arranged on an edge of the visor, and wherein the shell comprises at least two second elements of the detachable fastening means arranged on the shell such that a first of 15 said at least two second elements of the detachable fastening means holds the visor when the visor is in said first position and a second of said at least two second elements holds the visor when the visor is in said at least one second position, respectively, by forming a releasable connection with the first element of the detachable fastening means arranged on said visor, the at least one first element and 20 the at least two second elements of the detachable fastening means being magnets.
Finiel para. 0094 does disclose the visor/ goggles in magnetic connection with shell/ helmet cap 11, but not the specific arrangement of fastening means in the FIG 13-15 embodiment.
Finiel discloses another embodiment in FIG 2 wherein the visor comprises at least one first element of a detachable fastening means arranged on an edge of the visor (20), and wherein the shell comprises at least two second elements of the detachable fastening means arranged on the shell (15) such that a first of 15 said at least two second elements of the detachable fastening means holds the visor when the visor is in said first position (FIG 2; para. 0095), by forming a releasable connection with the first element of the detachable fastening means arranged on said visor, the at least one first element and 20 the at least two second elements of the detachable fastening means being magnets (15 and 20 are magnets).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the two embodiments such that the FIG 13-15 embodiment has the magnet structure of the FIG 2 embodiment, so that the visor may be secured in place.
Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide and a second of said at least two second elements holds the visor when the visor is in said at least one second position, respectively, such as an additional 15 on the crown of the helmet shell to be magnetically attracted to 20 when the visor is in the storage position shown in FIG 15, in order to provide a more secure yet still easily releasable storage configuration.
Finiel does not disclose and wherein the visor is further attached to the shell by at least two flexible elements which are arranged on two opposing lateral sides of the visor, the at least two flexible elements being at least one of strings, ropes, cables or straps, and wherein the at least two flexible elements are made of strands of natural or synthetic fibres which are 25 twisted or woven together, or are made of several strands of metal wire twisted into a helix.
Finiel does disclose the visor is further attached to the shell by at least two elements which are arranged on two opposing lateral sides of the visor (37), but not that they are flexible and at least one of strings, ropes, cables or straps.
Harris teaches Harris teaches a similar helmet (title) including the visor (112) is further attached to the shell (FIG 8) by at least two flexible elements which are arranged on two opposing lateral sides of the visor (combination of 110, 116, 120, and 122; para. 0029 discloses this structure is on each opposing lateral side; para. 0030 discloses 122 is elastic cord; para. 0030 discloses 120 is elastic webbing cut short), the at least two flexible elements being at least one of strings, ropes, cables or straps (either of 122 or 120 would read on the claimed “strings, ropes, cables or straps”).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Finiel’s “at least two flexible elements” with Harris’ “at least two flexible elements, such as by replacing Finiel 37 with Harris’ connection arrangement, in order to provide a known means of attaching a visor to a helmet shell, and to allow the visor to be placed in several different positions (Harris para. 0031).
Finiel as modified by Harris discloses webbing (Harris 120) but does not disclose and wherein the at least two flexible elements are made of strands of natural or synthetic fibres which are 25 twisted or woven together, or are made of several strands of metal wire twisted into a helix.
However, according to Applicant’s 3/31/2026 Remarks page 8-9, a webbing is a strap made from closely woven fabric. Therefore, by Applicant’s definition of “webbing,” Harris 120 is “strands of natural or synthetic fibers which are twisted or woven together.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732
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