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 .
Election/Restrictions
Applicant’s election without traverse of Group 2 in the reply filed on 12/8/2025 is acknowledged. Claims 1-20 are cancelled. Claims 28, 31, 32, 33, 34, 35, and 37 were withdrawn. Claim 29 is not drawn to the elected species and therefore is also withdrawn. Claims 21-27, 30, 36, 38, 39 and 40 have been examined on the merits.
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, a first inner surface (claim 21) and a second inner surface (claim 21), elected figure 2 does not show the outer shell (108), a third inner surface (claim 25) and a continuous material (claim 26), two liquid containing shock absorbers connected to each other (claim 30), the connection including a spring (claim 38) 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 § 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 21 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. Claim 21 recites the limitation "the" in respect to a first inner surface. There is insufficient antecedent basis for this limitation in the claim. Claim 21 recites an inner surface, it is unclear if the “inner surface” is the first inner surface or if there an additional inner surface. For purposes of examination the first inner surface has been construed to be the inner surface. Clarification is required.
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 (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 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.
Claim(s) 21-24, 28, 30, 36 and 38- 40 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Hoshizaki (US 2019/0328072). The device of Hoshizaki teaches
With respect to claim 21, A helmet for a wearer, the helmet comprising:
an outer helmet shell (102);
an inner surface (104, bottom side surface closest to head of the user, figure 5a);
a second inner surface (104, outer facing surface; figure 5a)
at least two liquid-containing (para 0080) shock absorbers (200) disposed between the first inner surface (104) and the outer helmet shell (102), wherein the first inner surface (104) is nearer to the wearer than the outer helmet shell when the helmet is worn by the wearer (Figure 4a), the first inner surface and the outer helmet shell being configured to move toward one another when the at least two liquid-containing shock absorbers are compressed upon receiving an impact to the helmet (Figure 5b), wherein each of the first inner surface and the outer helmet shell have a larger surface area than a lateral dimension (width) of the at least two shock absorbers (200), wherein the first inner surface includes a shock includes a shock absorbing material (para 0076) and is connected to the second inner surface (Figure 5a), wherein the shock absorbing material occupies a greater volume of the helmet than that of the liquid-containing shock absorbers (Figure 4 and Figure 5a).
With respect to claim 22, wherein the shock absorbing material (para 0076) of the first inner surface is a substantially rigid foam (para 0076).
With respect to claim 23, wherein the second inner surface is made from the same material as the first inner surface (Figure 5a).
With respect to claim 24, wherein at least one additional liquid-containing shock (200 absorber is disposed between the second inner surface and the outer helmet shell (Figure 4b, it is noted that all elements 200 are positioned between the outer shell and the first inner surface and the second inner surface).
With respect to claim 28, wherein (at least some) of the first and second inner surfaces move independently of each other (para 0076, figure 4b).
With respect to claim 30, wherein the at least two liquid- containing shock absorbers (200) are connected to each other (by element 104).
With respect to claim 36, A helmet comprising:
an outer helmet shell(102);
a first inner surface (104, top surface of 104, figure 5a);
a second inner surface (bottom surface 104, figure 5a);
a plurality of compressible liquid-containing (para 0080) shock absorbers (200) disposed between the first inner surface and the outer helmet shell (Figure 5a); and
a connection (central portion figure 5a) that couples the first inner surface to the second surface, the connections restricting independent movement of the first and second surfaces relative to one another (Figure 5a).
With respect to claim 38, wherein the connection includes a spring or is elastic (para 0076, according to Hooke’s Law all material is elastic to at least a degree).
With respect to claim 39, wherein the connection between the first inner surface and second inner surface is rigid (EPS foam) and configured to break at a predetermined force. The language “configured to break at a predetermined force” is functional, the foam of the prior art would be capable of breaking with a force, and therefore is capable of performing the function recited, see MPEP 2114.
With respect to claim 40, wherein another plurality of liquid-containing (para 0080) shock absorbers is disposed between the second inner surface and the outer helmet shell (Figure 5a).
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) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshizaki in view of Morgan (US 2010/0000009). The device of Hoshizaki substantially discloses the claimed invention including at least one additional liquid containing shock absorber (200) but is lacking a third inner surface.
The device of Morgan teaches,
With respect to claim 25, a third inner surface (120) wherein at least one additional liquid-containing shock absorber in combination is disposed between a third inner surface and the outer helmet shell.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to include an additional inner surface layer as taught by Morgan in order to provide improved comfort for the user.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshizaki in view of Halldin et al. (US 2020/0178636). The device of Hoshizaki substantially discloses the claimed invention but is lacking a continuous material between the inner surface and outer helmet shell.
The device of Halldin et al. teaches,
With respect to claim 26, wherein a continuous material (4) is positioned between the first surface and the outer helmet shell (Figure 1).
It would have been obvious to a person having ordinary skill in the art to at the time the invention was effectively filed to utilize the continuous material taught by Halldin et al. in order to provide improved sliding between the outer shell and the inner components to improve protection to the user (para 0031).
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.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732