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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-13,15,17-18, and 20-21are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 6, 7 and 13 of U.S. Patent No. 11,849,793. Although the claims at issue are not identical, they are not patentably distinct from each other, see table below.
US patent 11,849,793
Application 18/392,304
1.A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and
configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment,
the first liner segment and the second liner segment being formed of separate expanded polystyrene (EPS) portions, outer surfaces of the first liner segment and the second liner segment defining an ovoid outer surface of the inner liner, and a gap separating the first liner segment and the second liner segments, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the ovoid outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the
at least one flexible connector in-molded with the first liner segment and the second liner segment, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the helmet body, the fit system comprising at least an occipital support coupled to the at least one flexible connector to couple the fit system to the inner liner.
2. A helmet comprising:
an outer liner formed of a first energy-,management material; an inner liner ,-.formed of a second energy-management material, the inner liner and the outer liner configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment,
outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner, and
a gap separating the first liner segment and the second liner segment, the first liner segment comprising at least one liner rib extending from the first liner segment;
and at least one flexible connector positioned on the outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the
at least one flexible connector in-molded with the first liner segment and the second liner segment.
1.A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment,
the first liner segment and the second liner segment being formed of separate expanded polystyrene (EPS) portions, outer surfaces of the first liner segment and the second liner segment defining an ovoid outer surface of the inner liner, and a gap separating the first liner segment and the second liner segments, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the ovoid outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the
at least one flexible connector in-molded with the first liner segment and the second liner segment, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the helmet body, the fit system comprising at least an occipital support coupled to the at least one flexible connector to couple the fit system to the inner liner.
3. The helmet of claim 2, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector.
1.A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and
configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment,
the first liner segment and the second liner segment being formed of separate expanded polystyrene (EPS) portions, outer surfaces of the first liner segment and the second liner segment defining an ovoid outer surface of the inner liner, and a gap separating the first liner segment and the second liner segments, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the ovoid outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the
at least one flexible connector in-molded with the first liner segment and the second liner segment, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the helmet body, the fit system comprising at least an occipital support coupled to the at least one flexible connector to couple the fit system to the inner liner.
4. The helmet of claim 2, further comprising: a fit system coupled to the at least one flexible connector to couple the fit system to the inner liner.
1.A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and
configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment,
the first liner segment and the second liner segment being formed of separate expanded polystyrene (EPS) portions, outer surfaces of the first liner segment and the second liner segment defining an ovoid outer surface of the inner liner, and a gap separating the first liner segment and the second liner segments, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the ovoid outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the
at least one flexible connector in-molded with the first liner segment and the second liner segment, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the helmet body, the fit system comprising at least an occipital support coupled to the at least one flexible connector to couple the fit system to the inner liner.
5.The helmet of claim 2, wherein the at least one liner rib comprises two liner ribs, and wherein the
at least one flexible connector extends between the two liner ribs.
5. The helmet of claim 1, wherein the inner liner further comprises a fit system hanger coupled to the at least one flexible connector.
6. The helmet of claim 2, wherein the inner liner further comprises a fit system hanger coupled to the at least one flexible connector.
6. The helmet of claim 1, wherein the at least one flexible connector comprises a hinge section disposed across the at least one of the plurality of liner ribs.
7. The helmet of claim 2, wherein the at least one flexible connector comprises a hinge section disposed across the at least one liner rib.
1.A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and
configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment,
the first liner segment and the second liner segment being formed of separate expanded polystyrene (EPS) portions, outer surfaces of the first liner segment and the second liner segment defining an ovoid outer surface of the inner liner, and a gap separating the first liner segment and the second liner segments, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the ovoid outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the
at least one flexible connector in-molded with the first liner segment and the second liner segment, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the helmet body, the fit system comprising at least an occipital support coupled to the at least one flexible connector to couple the fit system to the inner liner.
8. The helmet of claim 2, wherein the first energy-management material and the second energy-management material are the same.
7. A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment, outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner, and a gap between the first liner segment and the second liner segment, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the outer surface of the inner liner and directly connecting at least one of the plurality of liner ribs of the
first liner segment to the second liner segment across the gap wherein the first and second liner segments are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the inner liner.
9. A helmet comprising:
an outer liner; an inner liner, the inner liner and the outer liner
configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment, outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner, and a gap between the first liner segment and the second liner segment, the first liner segment comprising at least one liner rib extending from the first liner segment;
and at least one
flexible connector positioned on the outer surface of the inner liner and directly connecting the at least one liner rib of the first liner segment to the second liner segment across the gap.
7. A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment, outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner, and a gap between the first liner segment and the second liner segment, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the outer surface of the inner liner and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap wherein the first and second liner segments are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the inner liner.
10. The helmet of claim 9, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector.
7. A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment, outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner, and a gap between the first liner segment and the second liner segment, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the outer surface of the inner liner and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap wherein the first and second liner segments are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the inner liner.
11. The helmet of claim 9, further comprising: a fit system coupled to the at least one flexible connector to couple the fit system to the inner liner.
7. A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment, outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner, and a gap between the first liner segment and the second liner segment, the first liner segment
comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the outer surface of the inner liner and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap wherein the first and second liner segments are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the inner liner.
12. The helmet of claim 9, wherein the at least one liner rib comprises two liner ribs,
and wherein the at least one flexible connector extends between the two liner ribs.
13. The helmet of claim 7,wherein the at least one flexible connector comprises a hinge section disposed across the first liner segment.
13. The helmet of claim 9, wherein the at least one flexible connector comprises a hinge section disposed across the at least one of the plurality of liner ribs.
1. A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment, the first liner segment and the second liner segment being formed of separate expanded polystyrene (EPS) portions, outer surfaces of the first liner segment and the second liner segment defining an ovoid outer surface of the inner liner, and a gap separating the first liner segment and the second liner segments, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the ovoid outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the at least one flexible connector in-molded with the first liner segment and the second liner segment, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the helmet body, the fit system comprising at least an occipital support coupled to the at least one flexible connector to couple the fit system to the inner liner.
15. A helmet comprising: a helmet body comprising an outer liner and an inner liner
configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment,
outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner,
and a gap between the first liner segment and the second liner segment;
and at least one flexible connector positioned on the outer surface of the inner liner and directly connecting the first liner segment to the second liner segment across the gap,
wherein the first and second liner segments are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector.
1. A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment, the first liner segment and the second liner segment being formed of separate expanded polystyrene (EPS) portions, outer surfaces of the first liner segment and the second liner segment defining an ovoid outer surface of the inner liner, and a gap separating the first liner segment and the second liner segments, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the ovoid outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the at least one flexible connector in-molded with the first liner segment and the second liner segment, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the helmet body, the fit system comprising at least an occipital support coupled to the at least one flexible connector to couple the fit system to the inner liner.
17. The helmet of claim 15, wherein the first liner segment comprises a plurality of liner ribs extending from first liner segment, the at least one flexible connector extending between the plurality of liner ribs.
6. The helmet of claim 1, wherein the at least one flexible connector comprises a hinge section disposed across the at least one of the plurality of liner ribs.
20. The helmet of claim 15, wherein the at least one flexible connector comprises a hinge section disposed across the first liner segment.
1. A helmet comprising: a helmet body comprising an outer liner and an inner liner each formed of energy-management material and configured to slidably move in relation to each other, the inner liner separate from the outer liner and comprising a first liner segment and a second liner segment separate from the first liner segment, the first liner segment and the second liner segment being formed of separate expanded polystyrene (EPS) portions, outer surfaces of the first liner segment and the second liner segment defining an ovoid outer surface of the inner liner, and a gap separating the first liner segment and the second liner segments, the first liner segment comprising a plurality of liner ribs extending from a front of the first liner segment, each of the plurality of liner ribs separated from another of the plurality of liner ribs by an adjacent gap; at least one flexible connector positioned on the ovoid outer surface and directly connecting at least one of the plurality of liner ribs of the first liner segment to the second liner segment across the gap, the at least one flexible connector in-molded with the first liner segment and the second liner segment, wherein the first liner segment and the second liner segment are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector; at least two elastomeric anchors coupled to the outer liner and to the at least one flexible connector; and a fit system coupled to the helmet body, the fit system comprising at least an occipital support coupled to the at least one flexible connector to couple the fit system to the inner liner.
21. The helmet of claim 15, wherein the outer surface is ovoid.
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) 2-6, 8-12, 15, 17-18, and 21 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Penner et al. (US 2017/0347736). The device of Penner et al. teaches,
With respect to claim 2, A helmet comprising: an outer liner (40) formed of a first energy-management material (para 0022);
an inner liner (100, 80) formed of a second energy-management material (Para 0031), the inner liner and the outer liner configured to slidably move in relation to each other (para 0028), the inner liner (100, 80) separate from the outer liner (40) and comprising a first liner segment (100) and a second liner segment (80) separate from the first liner segment (Figures 2 and 3a), outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner (exterior top side surfaces), and a gap (see spaces between 80, 100 figure 5b) separating the first liner segment and the second liner segment, the first liner segment comprising at least one liner rib extending from the first liner segment (see horizonal and vertical ribs (Figure 2);
and at least one flexible connector (108) positioned on the outer surface (Figures 1, 3b, 5b) and directly connecting at least one of the plurality of liner ribs (Figure 2) of the first liner segment (100) to the second liner segment (80) across the gap (across at least a portion of the gap, Figure 2), the at least one flexible connector in-molded (para 0032) with the first liner segment and the second liner segment.
With respect to claim 3, wherein the first liner segment (100) and the second liner segment (80) are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector (para 0020, 0035, 0037). It is noted that the language “are configured to move relative to each other” is a functional recitation. The prior art teaches a flexible connection that is capable of movement relative to the first liner segment and the second liner segment and therefore meets the claim. See MPEP 2114.
With respect to claim 4: a fit system (86, 82d) coupled to the at least one flexible connector (108) to couple the fit system to the inner liner (Figure 3b).
With respect to claim 5, wherein the at least one liner rib (horizontal and vertical ribs between spaces 116) comprises two liner ribs (Figure 2), and wherein the at least one flexible connector (108) extends at least partially between the two liner ribs (Figure 2).
With respect to claim 6, wherein the inner liner (100, 80) further comprises a fit system hanger (60) coupled (Figure 1) to the at least one flexible connector (108).
With respect to claim 8, wherein the first energy-management material and the second energy-management material are the same (para 0022, para 0031).
With respect to claim 9, A helmet comprising: an outer liner (40);
an inner liner (100, 80), the inner liner and the outer liner configured to slidably move in relation to each other (para 0028), the inner liner separate (100, 80) from the outer liner (40) and comprising a first liner segment (100) and a second liner segment (80) separate from the first liner segment (Figures 2 and 3b), outer surfaces of the first liner segment and the second liner segment defining an outer surface of the inner liner (exterior top surfaces), and a gap (see spaces between 80, and 100) between the first liner segment and the second liner segment (Figure 5b), the first liner segment comprising at least one liner rib (see horizontal and vertical ribs of 100, figure 2) extending from the first liner segment (figure 2);
and at least one flexible connector (108) positioned on the outer surface of the inner liner (Figure 5b) and directly connecting the at least one liner rib of the first liner segment (100, Figure 2) to the second liner (80) segment across at least a portion the gap (Figure 5c).
With respect to claim 10, wherein the first liner segment (100) and the second liner segment (80) are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector (para 0020, 0035, 0037). It is noted that the language “are configured to move relative to each other” is a functional recitation. The prior art teaches a flexible connection that is capable of movement relative to the first liner segment and the second liner segment and therefore meets the claim. See MPEP 2114.
With respect to claim 11, a fit system (86,82d) coupled to the at least one flexible connector (108) to couple the fit system to the inner liner (80,100).
With respect to claim 12, wherein the at least one liner rib comprises two liner ribs(horizontal and vertical ribs between spaces 116), and wherein the at least one flexible connector (108) extends at least partially between the two liner ribs ( Figure 2).
With respect to claim 15, A helmet comprising: a helmet body comprising an outer liner (40) and an inner liner (80,100) configured to slidably move in relation to each other (para 0028), the inner liner separate (100,80) from the outer liner (40) and comprising a first liner segment (100) and a second liner (80) segment separate (Figures 2 and 3b) from the first liner segment, outer surfaces (exterior surfaces of 100) of the first liner segment and the second liner segment (exterior surfaces of 80) defining an outer surface of the inner liner, and a gap (see spaces between 80 and 100) between the first liner segment and the second liner segment (figure 5b);
and at least one flexible connector (108) positioned on the outer surface of the inner liner (Figure 5b)
and directly connecting the first liner segment (100, figure 2) to the second liner segment (80) across the gap (Figure 5c);
wherein the first (80) and second liner segments (100) are configured to move relative to each other when the inner liner slidably moves in relation to the outer liner by flexing the at least one flexible connector (para 0020, 0035, 0037).
With respect to claim 17,wherein the first liner segment (100) comprises a plurality of liner ribs (100, see horizontal and vertical ribs figure 2) extending from first liner segment, the at least one flexible connector (108) extending between the plurality of liner ribs (Figure 5c).
With respect to claim 18, wherein the fit system (86, 82d) is coupled to the second liner segment (80).
With respect to claim 21, wherein the outer surface (exterior surface of 100) is ovoid (Figure 2).
Allowable Subject Matter
Claims 7, 13, 14, 16 and 19-20 are 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Penner et al.; the device of Penner et al. does not teach the at least one flexible connector having a hinge section disposed across at least one of the liner ribs. The device of Penner et al. substantially discloses the claimed invention but does not teach the at least one flexible connector capable for uses to directly connect the first liner segment to the second liner segment across the gap at a center portion of the second liner segment and at the left and right sides of the second liner segment. Further Penner et al. does not teach an elastomeric anchor couples to the outer liner and to the at least one flexible connector. It is the examiner’s opinion that the art of record considered as a whole, alone, or in combination, neither anticipates nor renders obvious the flexible connector having a hinge section disposed across the liner ribs nor the flexible connector configured to directly connect the first and second liner segments across a center portion of the gap and at the left and right sides or an elastomeric anchor couples to the outer liner and the at least one flexible connector.
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
Prosecution Insights