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 .
Response to Amendment
Applicant’s response of 11/8/25 has been received. Claims 22, 27-30, and 34 are amended, claims 35 and 36 are newly added, and claims 1-16 remain cancelled. Applicant also submitted a specification amendment which amended the title of the application and is entered.
Claims 17-36 are pending.
Claim Rejections - 35 USC § 112
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.
Claims 22-26, 28-33, 35, and 36 are rejected under 35 U.S.C. 112(a) 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. Claims 22 and 28 recite the right side frame magnetic portion consists of one or more magnets having a first polarity and the left side frame magnetic portion consists of one or more magnets having a second polarity, wherein the second polarity is opposite to the first polarity and the right side coupling device magnetic portion consists of one or more magnets having the second polarity and the left side coupling device magnetic portion consists of one or more magnets having the first polarity.
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.
Claims 22-24, 26, 28, 30, 31, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Whitesell '271 in view of Finiel '811 and Durham (U.S. WO 2012/047936). Whitesell discloses the invention substantially as claimed. For claim 22, Whitesell teaches a goggle frame and coupling device for coupling the goggle frame to a facial aperture of a protective helmet, the goggle frame and coupling device comprising a goggle frame (frame is not labelled but is formed by the portion of the goggles 100 surrounding the eye opening), the goggle frame comprising a right side frame magnetic portion 120a and a left side frame magnetic portion 120b on an inner side of the goggle frame or a detachable part thereof, and a coupling device 220, the coupling device comprising a right side coupling device magnetic portion 223a and a left side coupling device magnetic portion 224a, the right side coupling device magnetic portion 223a and the left side coupling device magnetic portion 224a being attached to a base portion 220a,b which is adapted to be fixed to or adhere to the protective helmet, wherein the right side frame magnetic portion 120a, left side frame magnetic portion 120b, the right side coupling device magnetic portion 223a, and left side coupling device magnetic portion 224a together form a magnetic attachment means arranged correlatively to create a magnetic attraction sufficient to allow magnetic engagement of the goggle frame with the coupling device, and wherein the goggle frame comprises gripping means 128a configured to be gripped by a user for magnetic disengagement of the goggle frame from the coupling device. However, Whitesell doesn't teach wherein the right side frame magnetic portion 120a and the left side frame magnetic portion 120b are of opposite polarity and the right side frame magnetic portion 120a and the right side coupling device magnetic portion 223a have opposite polarity. Whitesell doesn’t teach the right side magnetic frame portion consists of one or more magnets having a first polarity and the left side frame magnetic portion consists of one or more magnets having a second polarity, wherein the second polarity is opposite the first polarity and the right side coupling device magnetic portion consists of one or more magnets having the second polarity and the left side coupling device magnetic portion consists of one or more magnets having the first polarity. Finiel teaches analagous goggles 12 with magnetic portions 20 of the goggle frame 21 which are configured to connect with magnetic portions 15 arranged on the edge 19 of the helmet cap 11 such that the respective magnetic portions attract one another and the goggles can be selectively mounted on the helmet cap. Paragraphs 62-64 disclose the complementary elements 20 are configured as follows "as ferromagnetic elements which are attracted by the magnetic field of the permanent magnets 15 when the goggles are moved closer in the direction of the lower edge 19 of the helmet cap It is conceivable as well for the permanent magnetic 15 along edge 19 to be interchanged with the complementary elements 20 along edge 21. As a second row/series of permanent magnets the polarity of which is opposite to that of the first row, the opposite poles resulting in an increased magnetic attraction and centering effect. The pole surfaces of the permanent magnets 15 and the contact surfaces of the complementary elements 20 they come into contact with are preferably plane for optimized attraction." Thus, Finiel teaches that providing magnetic portions of opposite polarity is known in the art such that the opposite poles result in increased magnetic attraction and modifying Whitesell's right side frame magnetic portion and right side coupling device magnetic portion to have opposite polarity and modifying the left side frame magnetic portion and left side coupling device magnetic portion to have opposite polarity is expected to result in secure attachment of the goggle frame with the coupling device. Durham teaches it’s known in the art to provide a helmet with a magnetic attachment system for removably attaching the helmet to a visor. The system includes magnetic elements of the attachment system arranged in three possible arrangements, including the arrangement of Figure 2C. Figure 2C shows magnetic elements M and A having opposite polarity and arranged on the same structure, either on the helmet contact area or on the visor contact area, with the other of the helmet contact area of the visor contact area also having magnetic elements M and A arranged opposite the respective magnetic elements M and A of opposite polarity for magnetic engagement of M and A. Durham discloses each arrangement of magnetic elements in Figures 2A-C provide the same outcome of allowing for releasable engagement of the visor to the helmet such that modifying Whitesell’s right side frame magnetic portion to consist of one or more magnets having a first polarity and the left side frame magnetic portion to consist of one or more magnets having a second polarity that is opposite to the first polarity and modifying the coupling device’s right side coupling device magnetic portion to consist of one or more magnets having the second polarity and the left side coupling device magnetic portion to consist of one or more magnets having the first polarity is considered as obvious as there are a finite number of possible arrangements for the magnets on each of the goggle frame and coupling device and the prior art establishes that magnets of opposing polarities must be oriented oppositely for magnetic attraction and secure engagement and the proposed modification would provide an expected result of a magnetic attraction of the left side of the goggle frame to the left side of the coupling device and the right side of the goggle frame to the right side of the coupling device to assist in orienting the frame and coupling device when combining together. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Whitesell's to form the right side frame magnetic portion and right side coupling device magnetic portion to have opposite polarity and to form the left side frame magnetic portion and left side coupling device magnetic portion such that they are of opposite polarity, as Finiel teaches this configuration results in increased magnetic attraction and assists in drawing the opposite polarity magnets towards one another for assisting in securing the frame to the coupling device. It also would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Whitesell’s right side frame magnetic portion to consist of one or more magnets having a first polarity and the left side frame magnetic portion to consist of one or more magnets having a second polarity, wherein the second polarity is opposite the first polarity and the right side coupling device magnetic portion to consist of one or more magnets having the second polarity and the left side coupling device magnetic portion to consist of one or more magnets having the first polarity, as Durham teaches it’s known in the art to provide the claimed arrangement of magnet polarities with the left side frame magnetic portion magnetically attracted to the left side coupling device and the right side frame magnetic portion magnetically attracted to the right side coupling device as one or ordinary skill would have pursued the known potential solution taught by Durham with a reasonable expectation of success.
For claim 23, the modified Whitesell teaches the right side coupling device magnetic portion 223a and left side coupling device magnetic portion 224a are attached to a base portion 220a,b which is adapted to be fixed to or adhere to an inner area of the protective helmet.
For claim 24, the modified Whitesell teaches the magnetic attachment means is separably attached to the frame and coupling device 220 as the magnetic attachment means is collectively defined by the right side frame magnetic portion 120a, left side frame magnetic portion 120b, right side coupling device magnetic portion 223a and left side coupling device magnetic portion 224a together as in claim 22 and the right side frame magnetic portion 120a, left side frame magnetic portion 120b are attached to the frame and the right side coupling device magnetic portion 223a and left side coupling device magnetic portion 224a are attached to the coupling device 220.
For claim 26, the modified Whitesell teaches the gripping means 128a comprises an elongation of the goggle frame disposed on the side of the goggle frame as the gripping means is elongated as in Figure 4.
For claim 28, Whitesell teaches a protective helmet, goggle frame and coupling device for coupling the goggle frame to a facial aperture of a protective helmet, the protective helmet, goggle frame and coupling device comprising a protective helmet 200 comprising a facial aperture (shown in Figure 1 as the portion receiving the goggles 100, but not labelled), goggle frame, the goggle frame (frame is not labelled but is formed by the portion of the goggles 100 surrounding the eye opening) comprising a right side frame magnetic portion 120a and a left side frame magnetic portion 120b on an inner side of the goggle frame or a detachable part thereof, and a coupling device 220 comprising a right side coupling device magnetic portion 223a and a left side coupling device magnetic portion 224a, the right side coupling device magnetic portion 223a and the left side coupling device magnetic portion 223b being attached to a base portion 220a,b which is adapted to be fixed to or adhere to the protective helmet, wherein the right side frame magnetic portion 120a, the left side frame magnetic portion 120b, the right side coupling device magnetic portion 223a, and the left side coupling device magnetic portion 224a together form a magnetic attachment means arranged correlatively to create a magnetic attraction sufficient to allow magnetic engagement of the goggle frame with the coupling device, wherein the right side frame magnetic portion, and wherein the goggle frame comprises gripping means 128a configured to be gripped by a user for magnetic disengagement of the goggle frame from the coupling device. Magnetic portions 223a and right side frame magnetic portion 120a appear to have opposite polarities
as they are magnetically attracted and magnetic portions 224a and left side frame magnetic portion 120b appear to have opposite polarities as they are magnetically attracted. However, Whitesell doesn't explicitly teach wherein the right side frame magnetic portion and the left side frame magnetic portion are of opposite polarity, and the right side coupling device magnetic portion and right side frame magnetic portion have opposite polarity. Whitesell also doesn’t teach the right side frame magnetic portion consists of one or more magnets having a first polarity and the left side frame magnetic portion consists of one or more magnets having a second polarity, wherein the second polarity is opposite to the first polarity and the right side coupling device magnetic portion consists of one or more magnets having the second polarity and the left side coupling device magnetic portion consists of one or more magnets having the first polarity. Finiel teaches analagous goggles 12 with magnetic portions 20 of the goggle frame 21 which are configured to connect with magnetic portions 15 arranged on the edge 19 of the helmet cap 11 such that the respective magnetic portions attract one another and the goggles can be selectively mounted on the helmet cap. Paragraphs 62-64 disclose the complementary elements 20 are configured as follows "as ferromagnetic elements which are attracted by the magnetic field of the permanent magnets 15 when the goggles are moved closer in the direction of the lower edge 19 of the helmet cap 11. It is conceivable as well for the permanent magnetic 15 along edge 19 to be interchanged with the complementary elements 20 along edge 21. As a second row/series of permanent magnets the polarity of which is opposite to that of the first row, the opposite poles resulting in an increased magnetic attraction and centering effect. The pole surfaces of the permanent magnets 15 and the contact surfaces of the complementary elements 20 they come into contact with are preferably plane for optimized attraction." Thus, Finiel teaches that providing magnetic portions of opposite polarity is known in the art such that the opposite poles results in increased magnetic attraction expected to result in secure attachment of the goggle frame with the coupling device. Durham teaches it’s known in the art to provide a helmet with a magnetic attachment system for removably attaching the helmet to a visor. The system includes magnetic elements of the attachment system arranged in three possible arrangements, including the arrangement of Figure 2C. Figure 2C shows magnetic elements M and A having opposite polarity and arranged on the same structure, either on the helmet contact area or on the visor contact area, with the other of the helmet contact area of the visor contact area also having magnetic elements M and A arranged opposite the respective magnetic elements M and A of opposite polarity for magnetic engagement of M and A. Durham discloses each arrangement of magnetic elements in Figures 2A-C provide the same outcome of allowing for releasable engagement of the visor to the helmet such that modifying Whitesell’s right side frame magnetic portion to consist of one or more magnets having a first polarity and the left side frame magnetic portion to consist of one or more magnets having a second polarity that is opposite to the first polarity and modifying the coupling device’s right side coupling device magnetic portion to consist of one or more magnets having the second polarity and the left side coupling device magnetic portion to consist of one or more magnets having the first polarity is considered as obvious as there are a finite number of possible arrangements for the magnets on each of the goggle frame and coupling device and the prior art establishes that magnets of opposing polarities must be oriented oppositely for magnetic attraction and secure engagement and the proposed modification would provide an expected result of a magnetic attraction of the left side of the goggle frame to the left side of the coupling device and the right side of the goggle frame to the right side of the coupling device to assist in orienting the frame and coupling device when combining together. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Whitesell to form the right side frame magnetic portion and right side coupling device magnetic portion to have opposite polarity and to form the left side frame magnetic portion and left side coupling device magnetic portion such that they are of opposite polarity, as Finiel teaches this configuration results in increased magnetic attraction and assists in drawing the opposite polarity magnets towards one another for assisting in securing the frame to the coupling device. It also would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Whitesell’s right side frame magnetic portion to consist of one or more magnets having a first polarity and the left side frame magnetic portion to consist of one or more magnets having a second polarity, wherein the second polarity is opposite the first polarity and the right side coupling device magnetic portion to consist of one or more magnets having the second polarity and the left side coupling device magnetic portion to consist of one or more magnets having the first polarity, as Durham teaches it’s known in the art to provide the claimed arrangement of magnet polarities with the left side frame magnetic portion magnetically attracted to the left side coupling device and the right side frame magnetic portion magnetically attracted to the right side coupling device as one or ordinary skill would have pursued the known potential solution taught by Durham with a reasonable expectation of success.
For claim 30, the modified Whitesell teaches the base portion adapted to be fixed to or adhere to an inner area of the protective helmet.
For claim 31, the magnetic attachment means is separably attached to the frame and the coupling device 220 as the magnetic attachment means is collectively defined by the right side frame magnetic portion 120a, left side frame magnetic portion 120b, right side coupling device magnetic portion 223a and left side coupling device magnetic portion 224a together as in claim 22 and the right side frame magnetic portion 120a, left side frame magnetic portion 120b are attached to the frame and the right side coupling device magnetic portion 223a and left side coupling device magnetic portion 224a are attached to the coupling device 220.
For claim 33, Whitesell teaches the gripping means 128a comprises an elongation of the goggle frame disposed on the side of the goggle frame as the gripping means is elongated as in Figure 4.
Claims 25 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Whitesell '271 in view of Finiel '811 and Durham ‘936 as applied to claims 22 and 28 above, and further in view of Langenwalter '746. Whitesell discloses the invention substantially as claimed as the magnetic portions are inserted within the respective frame and coupling device portions. However, Whitesell doesn't teach the right side frame magnetic portion, left side frame magnetic portion, right side coupling device magnetic portion and left side coupling device magnetic portion are each elastomer material with an injected or inserted magnet. Langenwalter teaches that it's known in the art to provide a magnetic portion to an elastomeric portion of a goggle frame for magnetic attraction to magnets of a lens 102 by a molding process as in col.15, lines 8-14: "the magnets may be insert molded with the face gasket (i.e the magnets are appropriately positioned in the mold tool before the addition of thermoplastic elastomer such that they may affix to the face gasket during the curing process)." Pockets are formed in the frame gasket and the magnets may be inserted into the pocket. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Whitesell such that the right side frame magnetic portion, left side frame magnetic portion, right side coupling device magnetic portion and left side coupling device magnetic portion are each elastomer material with an injected or inserted magnet as Langenwalter teaches a thermoplastic elastomer material is known in the art for goggle structures and the magnetic portions are necessarily inserted in each coupling device and frame portion.
Allowable Subject Matter
Claims 17-21, 27, and 34 are allowed.
There is no prior art applied to claims 29, 35, and 36 at this time; however, please see the rejections under 35 USC 112a.
Response to Arguments
Applicant’s remarks have been considered. Please note that the claim rejections have been revised in view of the amendments to independent claims 22 and 28.
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.
/KATHERINE M MORAN/Primary Examiner, Art Unit 3732