DETAILED ACTION
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 § 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.
Claims 27-29 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 27 recites the “umbrella light” however it depends from claim 25, not claim 26. Claim 26 is the claim with “an umbrella light”. For the purpose of examination, Examiner is interpreting claim 27 as depending from claim 26 instead of claim 25. Likewise, claim 29 recites “the indicator array” but depends from claim 27 instead of claim 28. For the purpose of examination, Examiner is interpreting claim 29 as depending from claim 28 instead of claim 27.
Claim 28 recites “the indicator array”, however, there is a lack of antecedent basis for this term. The prior recitation is an “indicated array”. For the purpose of examination, Examiner is interpreting “indicated array” as “indicator array”.
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 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.
Claims 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soto et al. US PGPUB 2011/0170280.
Regarding claim 21, Soto discloses a helmet [fig. 1, 10; pars. 20-21] comprising:
at least one battery pack attached to the helmet [fig. 1, battery 14; par. 22];
an accessory interface on an exterior side of the helmet [fig. 1, shroud plate 12; pars. 21-23];
an electronic device removably attached to the accessory interface [fig. 5-6; par. 43 & 48; the lighting system 120 is removably coupled to the plate 12];
wherein:
the at least one battery pack includes at least one power source [par. 47-48 & 52-53; battery pack];
the accessory interface is configured to conductively connect the electronic device to the at least one battery pack [pars. 47, 49-50 & 54; the shroud 12 connects the lighting 120 to the battery pack 140 via the cord 132].
Regarding claim 22, Soto discloses further comprising a battery pack selector assembly configured to turn the electronic device ON and OFF [pars. 7, 40 & 46; a switch turns the lighting system on and off (thus selects and deselects the battery pack)].
Regarding claim 23, Soto discloses wherein the accessory interface includes contacts conductively connected to the at least one battery pack that are configured to facilitate the transfer of electricity to the electronic device [fig. 5; pars. 52 & 54; a cord 136 with contacts connects to the battery pack].
Regarding claim 24, Soto discloses wherein the electronic device is a flashlight [par. 34; the LEDs and light passages form a flashlight].
Claim Rejections - 35 USC § 103
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.
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.
Claims 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Soto et al. US PGPUB 2011/0170280 in view of Lombard US PGPUB 2016/0360817.
Regarding claim 25, Soto does not explicitly disclose further comprising a wireless communication module operably connected to the electronic device, the wireless communication module is configured to facilitate changes to the operation parameters of the electronic device.
However, Lombard discloses a helmet with electronic accessories which further comprises a wireless communication module operably connected to the electronic device, the wireless communication module is configured to facilitate changes to the operation parameters of the electronic device [par. 60; the helmet has a communication system which can communicate with external devices for controlling the helmet (thus facilitating changes to operation parameters of the helmet].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Soto to further include a wireless communication module operably connected to the electronic device, the wireless communication module is configured to facilitate changes to the operation parameters of the electronic device for the purpose of allowing external devices to control the helmet, as taught by Lombard (par. 60).
Regarding claim 26, Soto discloses a helmet [fig. 1, helmet 10; pars. 20-21] comprising:
at least one battery pack attached to the helmet [fig. 1, battery pack 14; par. 22]; and
a light attached to an exterior side of the helmet [fig. 5-6; par. 43 & 48; the lighting system 120 is removably coupled to the plate 21];
wherein:
the at least one battery pack includes at least one power source [fig. 1, battery 14 acts as a power source; par. 22];
the light is conductively connected to the at least one battery pack [pars. 47, 49-50 & 54; the shroud 12 connects the lighting 120 to the battery pack 140 via the cord 132];
the light comprises a housing and a light source [par. 34; the lighting system comprises a plurality of LEDs, a light housing and light passages to focus the light].
Soto does not explicitly disclose the light is an umbrella light, the housing is configured to focus light generated by the light source upwardly.
However, Lombard discloses a helmet with electronic accessories which further comprises a wireless communication module operably connected to the electronic device, the wireless communication module is configured to facilitate changes to the operation parameters of the electronic device [par. 59; fig. 1-2; LED lights 12 and 14 are included on the forward/upper portion of helmet which illuminate the wearer and the environment around them].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Soto to further include the light is an umbrella light, the housing is configured to focus light generated by the light source upwardly for the purpose of illuminating the wearer and the environment around them, as taught by Lombard (par. 6, 59-60 & 113).
Regarding claim 27, Soto discloses further comprising a battery pack selector assembly configured to turn the light ON and OFF [pars. 7, 40 & 46; a switch turns the lighting system on and off (thus selects and deselects the battery pack)].
Soto does not explicitly disclose the light is an umbrella light.
However, Lombard as applied in claim 26 discloses the light is an umbrella light.
Claims 28-34 are rejected under 35 U.S.C. 103 as being unpatentable over Soto et al. US PGPUB 2011/0170280 in view of Teetzel et al. US PGPUB 2007/0214551.
Regarding claim 28, Soto discloses a helmet [fig. 1, helmet 10; pars. 20-21] comprising:
at least one battery pack attached to the helmet [fig. 1, battery 14; par. 22]; and
an indicated array [pars. 34 & 45; the LEDs 30 are an array and can be used to signal information, thus an indicator array];
wherein:
the at least one battery pack includes at least one power source [par. 47-48 & 52-53; battery pack];
the indicator array is conductively connected to the at least one battery pack [pars. 47, 49-50 & 54; the shroud 12 connects the lighting 120 to the battery pack 140 via the cord 132];
the indicator array comprises a housing and at least one light source [par. 34; the lighting system comprises a plurality of LEDs, a light housing and light passages to focus the light].
Soto does not explicitly disclose the housing extends below a front lip of the helmet such that the at least one light source is visible to a user wearing the helmet.
However, Teetzel discloses a helmet with electronic accessories wherein the housing extends below a front lip of the helmet such that the at least one light source is visible to a user wearing the helmet [figs. 1 & 9; a light source (heads-up display or night vision) 116 extends below the front lip of the hat and is visible to the user (usable through their eyes); pars. 36-37].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Soto to further include the housing extends below a front lip of the helmet such that the at least one light source is visible to a user wearing the helmet for the purpose of allowing the user to use optics like night-vision or a heads-up display, as taught by Teetzel (pars. 36-37).
Regarding claim 29, Soto discloses wherein the indicator array comprises three light sources [par. 34].
Regarding claim 30, Soto discloses a helmet [fig. 1, helmet 10; pars. 20-21] comprising:
a first battery pack attached to the helmet [fig. 1, battery pack 14; par. 22];
a battery pack selector assembly [pars. 7, 40 & 46; a switch turns the lighting system on and off (thus selects and deselects the battery pack)]; and
an electronic device attached to the helmet [fig. 5-6; par. 43 & 48; the lighting system 120 is removably coupled to the plate 21];
wherein:
the first battery pack includes at least one power source [par. 47-48 & 52-53; battery pack];
the battery pack selector assembly is configured to turn the electronic device ON and OFF [pars. 7, 40 & 46; a switch turns the lighting system on and off (thus selects and deselects the battery pack)].
Soto does not explicitly disclose a second battery pack attached to the helmet wherein the second battery pack includes at least one power source.
However, Teetzel discloses a helmet with electronic accessories wherein a second battery pack attached to the helmet wherein the second battery pack includes at least one power source [par. 65].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Soto to further include a second battery pack attached to the helmet wherein the second battery pack includes at least one power source for the purpose of providing longer battery life, as taught by Teetzel (par. 65).
Regarding claim 31, Soto does not explicitly disclose wherein the battery pack selector assembly is configured so that a user can select to conductively connect the electronic device to the first battery pack, the second battery pack, or both the first battery pack and the second battery pack.
However, Examiner takes Official Notice that it is well known in the battery discharging arts to allow a user to select one or another battery pack via a selector switch. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Soto to further include wherein the battery pack selector assembly is configured so that a user can select to conductively connect the electronic device to the first battery pack, the second battery pack, or both the first battery pack and the second battery pack for the purpose of allowing the user to select the battery that has more useful life left, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 32, Soto discloses further comprising an accessory interface on an exterior side of the helmet, the accessory interface is configured so that the electronic device can be removably attached to the accessory interface [fig. 1, shroud plate 12; pars. 21-23; fig. 5-6; par. 43 & 48; the lighting system 120 is removably coupled to the plate 12].
Regarding claim 33, Soto discloses wherein the accessory interface includes contacts configured to interface with the electronic device and facilitate the transfer of electricity to the electronic device [fig. 5; pars. 52 & 54; a cord 136 with contacts connects to the battery pack].
Regarding claim 34, Soto discloses wherein the electronic device is a flashlight [par. 34; the LEDs and light passages form a flashlight].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Teetzel et al. US PGPUB 2013/0086722 discloses a helmet with electronic accessories and batteries.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID V HENZE whose telephone number is (571)272-3317. The examiner can normally be reached M to F, 9am to 7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Taelor Kim can be reached at 571-270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID V. HENZE
Primary Examiner
Art Unit 2859
/DAVID V HENZE/Primary Examiner, Art Unit 2859