3DETAILED 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/22/2026 has been entered. Claims 1-20 remain cancelled, claims 21, 23, 25, 29-31, 34, 35, and 37-41 are amended, and claims 21-42 are pending. The response includes replacement drawings and specification amendments.
Drawings
The drawings were received on 1/22/2026 (4pgs, Figs. 1-6). These drawings are acceptable as Figure 6 is revised to correct the drawing objection set forth in the final Office Action of 11/14/25.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. The helmet comprising a shell, mask and receiver assembly, the receiver assembly secured to the shell and the mask and the mask mount secured to the receiver assembly as in claim 21 must be shown. Figure 5 shows the mask mount 50 but the mount and receiver assembly are not shown with the shell and mask. The tightening member of claim 31 must be shown or the feature(s) canceled from the claim(s). Please note this drawing objection was presented in the Final Office Action but not addressed in the most recent response. 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.
Specification
The specification amendment of 1/22/26 to par.16 is entered.
The amendment filed 1/22/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Paragraph 0006 discloses the fixed plate and the coupler including “numerous teeth” and “With so many teeth to engage one to another between the plate and the coupler, small angular adjustments can be made to the position of the coupler relative to the plate.” Figures 5 and 6 as well as paragraph 0025 disclose each of the coupler and plate having a circular arrangement of a plurality of teeth 70a,b configured to mate in order to hold a position of the inner and outer plates to each other once nut 34 is tightened on keyed bolt 68. There was no indication provided in the originally filed disclosure as requiring “so many teeth” engaging one another in order to make small angular adjustments.
Paragraph 0019 is amended to disclose “As is evident in Figures 1 and 2, multiple positions of angular position adjustment are shown within about a 45 degree range by the indicator markings 26.” The disclosure of “within about a 45 degree range by the indicator markings 26” is considered as new matter as it’s not possible to determine a numerical value for a range of angular position adjustments.
Paragraph 0025 discloses “so many mating teeth…small adjustments to the position of the inner plate 56 relative to outer plate 58 are possible.” “Nut 34 combined with bolt 68 provides a tightening member” and “Thus, the coupler adjustment mechanism is accessible from outside of the helmet shell creating an angular adjustment system.” “Thus, an indicator member is provided that is position-fixed relative to the couplers to move with the couplers while indicator markings are position-fixed relative to the helmet shell adjacent to the marker 64, which functions as the indicator member.” It’s not clear what structure “functions as the indicator member”. Please clarify.
Applicant is required to cancel the new matter in the reply to this Office Action.
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: Claim 39 recites an indicator position-fixed relative to the couplers to move with couplers and indicator markings position-fixed relative to the helmet shell adjacent to the indicator.
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 21-32 and 38-40 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, at the time the application was filed, had possession of the claimed invention.
Claim 21 recites a plate fixedly secured to the helmet and the coupler rotatably secured to the plate, “the securement allowing small adjustments to the position of the coupler relative to the plate, such small adjustments accommodating position adjustments to properly align to different user faces; and wherein the position to which the mask is secured over the face may be held secure during use of the helmet and mask, the securement locking the rotational adjustment of the coupler to the plate.” As noted under the specification heading, the specification amendment of 1/22/2026 discloses the “small adjustments” limitations; however there are no further details provided as to what constitutes a “small adjustment” such that it can be determined that the inventor had possession of the claimed invention at the time the application was filed.
For claim 25, the recitation “a coupler adjustment mechanism optionally adjusting to multiple face-covering angular positions with the mask covering the face of the user and holding secure is considered as new matter, as the originally filed claims do not recite “a coupler adjustment mechanism” and a review of the specification doesn’t show any disclosure of a coupler adjustment mechanism such that there is adequate written description provided. It is noted that the specification discloses members 28,30 forming a coupler on an inner side of the plate. Various structures (teeth, pin) are disclosed as capable of adjusting the coupler; however, there is no disclosure of a coupler adjustment mechanism.
Claim 27 recites new matter as follows: the indicator includes markings on the trim. However, the indicator doesn’t include markings as the indicator is a distinct structure from the markings on the trim. The indicator includes marker 64 (assuming that the washer 62 is the indicator).
Claim 31 recites new matter as follows: a tightening member accessible laterally outside of the helmet main shell to pull the coupler towards the plate to hold an angular position of the coupler relative to the plate. Original claim 15 recites a tightening member to hold the plate against the coupler, the tightening member including a pin extending from the coupler through the plate, the pin being rotatable with the coupler relative to the plate. There is no reference number provided for a pin extending from the coupler through the plate.
For claim 38, the recitation of an angular adjustment system is new matter, as there is no disclosure of an angular adjustment system in the originally filed specification.
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.
Claims 21-32 are rejected under 35 U.S.C. 112(b) 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 a plate fixedly secured to the helmet and the coupler rotatably secured to the plate, “the securement allowing small adjustments to the position of the coupler relative to the plate, such small adjustments accommodating position adjustments to properly align to different user faces; and wherein the position to which the mask is secured over the face may be held secure during use of the helmet and mask, the securement locking the rotational adjustment of the coupler to the plate.” The scope of “small adjustments” is unclear as “small” modifies “adjustments” and the specification doesn’t provide a standard for determining the scope of “small adjustments”.
For claim 25, the recitation of a coupler adjustment mechanism “optionally adjusting to multiple face-covering angular positions with the mask covering the face of the user” is unclear as “optionally” suggests that the limitations following “optionally” are not positively recited. Is Applicant intending to recite that the coupler adjustment mechanism has a functional capability of adjusting the angular position of the coupler relative to the plate? It’s not clear what structure is represented by “coupler adjustment mechanism”.
For claim 26, it’s not clear what structure is set forth by “adjustment angle indicator” as the disclosure doesn’t provide structural details of an adjustment angle indicator. Also, the adjustment angle indicator function should be set forth functionally as “configured to show a position of the coupler relative to the shell”.
For claim 28, the limitation “once the receiver assembly is secured to the shell” should be deleted, as claim 21 previously recites the receiver assembly secured to the shell. Claim 28 should be revised to positively recite the plate as rotatably receiving the bolt through the hole and the bolt extending through the helmet shell.
For claim 31, the structure of “the tightening member” is unclear as the specification doesn’t disclose a tightening member.
Allowable Subject Matter
Claims 33-37, 41, and 42 are allowed.
Response to Arguments
Applicant’s remarks have been considered. Applicant submits the specification and claim objections of the Final Office Action have been resolved by the amendments. Applicant requests clarification of why the specification amendment to paragraph 0025 in the response of 7/31/25 was not entered. The Examiner noted that the amendment discloses “the coupler adjustment mechanism is accessible from outside of the helmet shell creating an angular adjustment system” and “the bolt provides a tightening member to pull the coupler towards the plate to hold the angular position of the coupler relative to the plate” and “while indicator markings are position-fixed relative to the helmet shell adjacent to the indicator or indicator member”. There is no disclosure of a coupler adjustment mechanism that is accessible from outside of the helmet shell creating an angular adjustment system. It is noted that the specification discloses members 28,30 forming a coupler on an inner side of the plate. Various structures (teeth, pin) are disclosed as capable of adjusting the coupler; However, there is no disclosure of a coupler adjustment mechanism. Nut 34 and bolt 68 appear to be accessible from an exterior or outside of the helmet shell. However, there is no disclosure of the nut and bolt as a coupler adjustment mechanism. There is no disclosure of a coupler adjustment mechanism creating an angular adjustment system. The originally filed specification discloses in par.0007 a pin extending from the coupler through the plate and the pin is fixed to the lateral side of the coupler and the pin is a bolt with a threaded nut fastened to the outer end thereof and tightening the nut secures the angular position of the coupler relative to the plate and helmet. There is no disclosure of the bolt as a tightening member, as tightening member is overly broad. Disclosure of indicator markings adjacent to the indicator or indicator member is new matter as the specification discloses indicator washer 62 or indicator; however, the indicator is not disclosed as being the indicator washer.
Further to claim 25, Applicant submits paragraph 0016 as originally filed discloses “The assembly provides an adjustment mechanism that is secure and immovable once in a desired angular location while still providing the option of changing the angular orientation within a broad range…to fit differing users.” However, claim 25 recites “coupler adjustment mechanism” which is not disclosed.
For claim 31, Applicant submits originally filed par.0025 discloses the tightening member as a bolt and nut. The Examiner disagrees that par.0025 clearly references the tightening member as represented by the bolt and the nut as “tightening member” is singular.
For claim 34, Applicant has amended the claim to overcome the rejection.
For claim 38, Applicant submits that the adjustment system accessible from outside the helmet is in the form of the nut 34 on bolt 68. The Examiner understands that tightening the nut on the bolt secures the angular position of the coupler relative to the plate and helmet and the nut and bolt are also disclosed as a releasable securement member. However, the originally filed disclosure doesn’t ever refer to the nut and bolt as “an angular adjustment system” and therefore this recitation is an overly broad and constitutes new matter.
For claims 39 and 40, these claims require antecedent in the specification.
For the rejections under 35 USC 112b, Applicant requests clarification of the rejection of claim 38 as being indefinite for the recitation “angular adjustment system”. As discussed in the rejection of claim 38 under 112a, there is no disclosure of a specific structure/structures constituting an “angular adjustment system” and therefore the scope of the claim is unclear.
The rejection of claims 21-23, 25, and 31 as anticipated by Vitaloni is withdrawn in view of the amendments to claim 21.
Note that there is no prior art applied to claim 21 and its dependents; however, the claims are not allowable at this time due to the rejections under 35 USC 112a and b.
Conclusion
Any inquiry concerning this communication or earlier communications should be directed to Primary Examiner Katherine Moran at (571) 272-4990 (phone). Please note that any internet communication directed to katherine.moran@uspto.gov requires prior submission of an Authorization for Internet Communications form (PTO/SB/439). The examiner can be reached on Monday-Thursday from 9:00 am to 6:00 pm, and alternating Fridays.If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Khoa Huynh, may be reached at (571) 272-4888. The official and after final fax number for the organization where this application is assigned is (571) 273-8300. General information regarding this application and
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/KATHERINE M MORAN/ Primary Examiner, Art Unit 3732