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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/02/2025 has been entered.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 7-10, 13, 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Lupton (WO2016/189265) in view of Tatomir (US 2012/0222199).
Regarding claim 1, Lupton teaches a hard hat system (fig. 2) comprising:
a hard hat (fig. 2, a helmet) comprising a brim (fig. 2, rear brim 14) and a shell (fig. 2, shell 10) formed from a rigid material (claim 1, page 3, line 28, impact resistant glass fiber), the hard hat being configured to receive a head of a wearer (fig. 2);
a face shield assembly comprising: a lens (fig. 4, lens 20) having a lower portion extending in a first direction, an upper edge, an interior surface, and an exterior surface and a plurality of lens apertures on an upper portion of the lens (fig. 4, apertures 24);
a hinge (fig. 4, hinges 15 and nuts 16, 17) coupled to the hard hat and to the lens, the hinge being configured to actuate the lens between a lowered position and a raised position (page 3, lines 23-24, by loosening or tightening locking nut 17, the lens 20 is held by friction whatever its position on the shell, which includes a lowered position and a raised position) such that, when in the lowered position, the lens is at least partially below the brim (fig. 3, a portion of the lens 20 is below the brim 14) and the interior surface of the lens faces toward the head of the wearer and the exterior surface of the lens faces away from the head of the wearer (fig. 3) and, when in the raised position, the lens is at least partially above the brim (fig. 3, as in a lowered position, a portion of the lens 20 is above the brim 14 then in a higher position, a portion of the lens is also above the brim 14);
a flexible gasket (fig. 4, flexible seal 30 coupled to the aluminum band 40; flexible seal 30 is made of rubber) coupled to the upper edge of the lens and extending toward the shell of the hard hat (figs. 2-4);
wherein, when the lens is actuated between the lowered position and the raised position, the flexible gasket maintains continuous contact with the upper edge of the lens and with an outer surface of the shell of the hard hat above the brim (figs. 2-4, page 3, lines 3-7) such that the flexible gasket limits particular matter from passing between the upper edge of the lens and the shell of the hard hat and toward the interior surface of the lens (page 3, lines 8-9).
Lupton does not clearly teach the upper edge extending toward the shell in a second direction angled relative to the first direction, the plurality of lens apertures facing the brim.
However, in the same field of endeavor, Tatomir teaches the hard hat comprising a front brim, the lens (16) having an upper edge extending toward the shell in a second direction angled relative to the first direction of the lower portion of the lens, and a plurality of lens apertures facing the front brim (annotated fig. 1 below).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Lupton with the front brim and the shape of the lens having the upper edge extending at an angle relative to the lower portion and toward the front portion of the shell as taught by Tatomir for the benefit of providing protection for the user’s eyes and at least a portion of the user’s face from being injured by objects (Tatomir, para. [0030]).
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Regarding claim 2, the modified structure Lupton-Tatomir teaches the flexible gasket comprising: a flexible gasket filler (Lupton, fig. 4, flexible seal 30) extending from the upper edge of the lens toward the shell of the hard hat; and a lip (Lupton, fig. 4, band 40) extending along the upper edge of the lens and coupling the flexible gasket filler to the lens.
Regarding claim 3, the modified structure Lupton-Tatomir teaches the flexible gasket filler comprising a polymer material having a durometer that is less than a durometer of the lens (Lupton, page 3, lines 28-30, the visor 20 is made of polycarbonate and the flexible seal 30 is made of rubber).
Regarding claim 4, the modified structure Lupton-Tatomir teaches the flexible gasket filler comprising a plurality of gasket apertures (Lupton, fig. 4, apertures 35); and the lip comprising a plurality of legs (Lupton, fig. 4, legs 42) extending from a bottom surface of the lip toward an upward facing surface of the brim (Tatomir shows a front brim with an upward facing surface, Lupton teaches the legs 42 extending from a bottom surface of the band 40 toward an upward facing surface of the front portion of the shell); wherein each of the plurality of legs passes through one of the lens apertures of the plurality of lens apertures and also passes through one of the gasket apertures of the plurality of gasket apertures (Lupton, page 2, lines 28-30).
Regarding claim 7, the modified structure Lupton-Tatomir teaches the flexible gasket extends from a first end of the hinge to a second end opposing end of the hinge (Lupton, fig. 4, seal 30 and band 40 extend from a first end of hinge 15 to a second end of hinge 15 on the other side).
Regarding claim 8, Lupton teaches a hard hat system comprising:
a hard hat (fig. 2, a helmet) comprising a brim (fig. 2, brim 14) and a shell (fig. 2, shell 10) formed from a rigid material (claim 1, page 3, line 28, impact resistant glass fiber), the hard hat being configured to receive a head of a wearer;
a face shield assembly comprising:
a lens (fig. 4, lens 20) having a lower portion, an upper edge, an interior surface, and an exterior surface; a plurality of lens apertures on an upper portion of the lens (fig. 4, apertures 24);
a hinge (fig. 4, hinges 15 and nuts 16, 17) coupled to the hard hat and to the lens, the hinge being configured to actuate the lens between a lowered position and a raised position (page 3, lines 23-24, by loosening or tightening locking nut 17, the lens 20 is held by friction whatever its position on the shell, which includes a lowered position and a raised position) such that, when in the lowered position, the lens is at least partially below the brim (fig. 3, a portion of the lens 20 is below the brim 14) and the interior surface of the lens faces toward the head of the wearer and the exterior surface of the lens faces away from the head of the wearer (fig. 3) and, when in the raised position, the lens is at least partially above the brim (fig. 3, as in a lowered position, a portion of the lens 20 is above the brim 14 then in a higher position, a portion of the lens is also above the brim 14);
a gasket (fig. 4, flexible seal 30 coupled to the aluminum band 40; flexible seal 30 is made of rubber) comprising:
a flexible gasket filler (fig. 4, flexible seal 30) extending from the upper edge of the lens toward the shell of the hard hat; and
a lip (fig. 4, band 40) extending along the upper edge of the lens and coupling the flexible gasket filler to the lens,
wherein the upper portion of the lens is positioned between the flexible gasket filler and the front portion of the helmet shell (fig. 4).
Lupton does not clearly teach when the lens is actuated between the lowered position and the raised position, the upper edge of the lens is spaced away from the shell of the hard hat forming a gap between the upper edge of the lens and the shell of the hard hat.
However, Lupton teaches the inner side of the upper part 33 remains in contact with the shell 10 whatever the position of the visor 20 on the shell (page 3, lines 6-7) and the upper part 33 forms an obtuse angle with the lower part 34 (and also the upper edge of the visor) and lies above the visor to form a seal on the shell 10 (page 3, lines 3-5). Further, as annotated in fig. 2 below, the distance between from the hinge 15 to the lens is greater than the distance between the hinge 15 to the line passing the outer shell.
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the helmet system of Lupton with a gap between the upper edge of the lens and the shell of the hard hat for the benefit of providing ventilation to the helmet system in use.
Then the modified structure Lupton teaches when the lens is actuated between the lowered position and the raised position, the upper edge of the lens is spaced away from the shell of the hard hat forming a gap between the upper edge of the lens and the shell of the hard hat; and wherein the gasket extends across the gap between the upper edge of the lens and the shell of the hard hat when the lens is actuated between the lowered position and the raised position such that the gasket seals the gap.
The modified structure Lupton does not teach the brim extending outward from a front portion of the shell, the upper edge extending at an angle relative to the lower portion and toward the front portion of the shell, the plurality of lens apertures defined in the upper edge of the lens.
However, Tatomir teaches the brim extending outward from a front portion of the shell, the upper edge extending at an angle relative to the lower portion and toward the front portion of the shell, the plurality of lens apertures defined in the upper edge of the lens (annotated fig.1 below). In combination, the modified structure Lupton-Tatomir teaches the upper edge of the lens is positioned between the flexible gasket filler and the brim.
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Lupton with the front brim and the shape of the lens having the upper edge extending at an angle relative to the lower portion and toward the front portion of the shell as taught by Tatomir for the benefit of providing protection for the user’s eyes and at least a portion of the user’s face from being injured by objects (Tatomir, para. [0030]).
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Regarding claim 9, the modified structure Lupton-Tatomir teaches the flexible gasket filler comprising a polymer material having a durometer that is less than a durometer of the lens (Lupton, page 3, lines 28-30, the visor 20 is made of polycarbonate and the flexible seal 30 is made of rubber).
Regarding claim 10, the modified structure Lupton-Tatomir teaches the flexible gasket filler comprising a plurality of gasket apertures (Lupton, fig. 4, apertures 35), wherein the plurality of gasket apertures face the brim (Lupton fig. 4 in view of the front brim of Tatomir in fig. 1); and
the lip comprising a plurality of legs (Lupton, fig. 4, legs 42);
wherein each of the plurality of legs passes through one of the lens apertures of the plurality of lens apertures and also passes through one of the gasket apertures of the plurality of gasket apertures (Lupton, page 2, lines 28-30).
As Tatomir shows fastening elements passing through the lens apertures downward toward the brim (fig. 1), in combination, the modified structure Lupton-Tatomir teaches the plurality of legs extending from a bottom surface of the lip that faces downward toward the brim, the plurality of legs extending through one of the lens apertures of the plurality of lens apertures.
Regarding claim 13, the modified structure Lupton-Evans teaches the flexible gasket filler extends from a first end of the hinge to a second end opposing end of the hinge (Lupton, fig. 4, seal 30 extends from a first end of hinge 15 to a second end of hinge 15 on the other side).
Regarding claim 21, the modified structure Lupton-Tatomir teaches the plurality of lens apertures are positioned along the upper edge of the lens and wherein each of the plurality of lens apertures faces an upward facing surface of the brim (Tatomir, fig. 1).
Regarding claim 22, the modified structure Lupton-Tatomir teaches when the lens is in the lowered position, the upper edge of the lens is positioned between the brim and a gasket filler of the flexible gasket (as Lupton shows in the lowered position, the upper edge of the lens (20) is positioned between the helmet shell (10) and the gasket filler (30) of the flexible gasket, then the modified structure Lupton in view of the front brim of Tatomir teaches the upper edge of the lens is positioned between the brim of the helmet shell and a gasket filler of the flexible gasket).
Claims 5-6 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lupton (WO2016/189265) and Tatomir (US 2012/0222199), as applied to claims 4 and 10 above, and further in view of Cheng (US 2014/0053307).
Regarding claim 5, the modified structure Lupton-Tatomir does not teach the plurality of legs each comprising a rib extending from a side of the leg, wherein the rib of each of the plurality of legs engages the interior surface of the lens and restricts removal of the plurality of legs from the plurality of lens apertures.
However, in the same field of endeavor, Cheng teaches the plurality of legs each comprising a rib (fig. 4, segment 422) extending from a side of the leg (fig. 4, leg 421), wherein the rib of each of the plurality of legs engages the interior surface of the connecting wall and restricts removal of the plurality of legs from the plurality of apertures (para. [0023]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the shape of the studs 42 of the modified structure Lupton-Tatomir with the shape of protruding portion of the connecting member of Cheng for the benefit of stable connection between the locking segment and the through holes (Cheng, para. [0029]).
Then in combination, the modified structure Lupton-Tatomir-Cheng teaches the rib of each of the plurality of legs engages the interior surface of the lens and restricts removal of the plurality of legs from the plurality of lens apertures.
Regarding claim 6, the modified structure Lupton-Tatomir-Cheng does not teach the plurality of legs are arranged in pairs of legs such that two legs pass through each of the plurality of lens apertures and through each of the gasket apertures, the ribs of the legs of each pair of legs extending in opposite directions with respect to each other.
However, Cheng teaches the plurality of legs are arranged in pairs of legs such that two legs pass through each of the plurality of lens apertures and through each of the connecting wall apertures, the ribs of the legs of each pair of legs extending in opposite directions with respect to each other (fig. 4).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Lupton-Tatomir-Cheng with the two legs of the protruding portion of the connecting member of Cheng for the benefit of stable connection between the locking segment and the through holes (Cheng, para. [0029]).
Regarding claim 11, the modified structure Lupton-Tatomir does not teach the plurality of legs each comprising a rib extending from a side of the leg, wherein the rib of each of the plurality of legs engages the interior surface of the lens and restricts removal of the plurality of legs from the plurality of lens apertures.
However, in the same field of endeavor, Cheng teaches the plurality of legs each comprising a rib (fig. 4, segment 422) extending from a side of the leg (fig. 4, leg 421), wherein the rib of each of the plurality of legs engages the interior surface of the connecting wall and restricts removal of the plurality of legs from the plurality of apertures (para. [0023]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the shape of the studs 42 of the modified structure Lupton-Tatomir with the shape of protruding portion of the connecting member of Cheng for the benefit of stable connection between the locking segment and the through holes (Cheng, para. [0029]).
Then in combination, the modified structure Lupton-Tatomir-Cheng teaches the rib of each of the plurality of legs engages the interior surface of the lens and restricts removal of the plurality of legs from the plurality of lens apertures.
Regarding claim 12, the modified structure Lupton-Tatomir-Cheng does not teach the plurality of legs are arranged in pairs of legs such that two legs pass through each of the plurality of lens apertures and through each of the gasket apertures, the ribs of the legs of each pair of legs extending in opposite directions with respect to each other.
However, Cheng teaches the plurality of legs are arranged in pairs of legs such that two legs pass through each of the plurality of lens apertures and through each of the connecting wall apertures, the ribs of the legs of each pair of legs extending in opposite directions with respect to each other (fig. 4).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Lupton-Tatomir-Cheng with the two legs of the protruding portion of the connecting member of Cheng for the benefit of stable connection between the locking segment and the through holes (Cheng, para. [0029]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lupton (WO2016/189265) and Tatomir (US 2012/0222199), as applied to claim 8 above, and further in view of Sumitomo (US 2004/0244098).
Regarding claim 14, the modified structure Lupton-Tatomir does not teach the gasket seals the gap with respect to particulate matter and does not seal the gap with respect to gases.
However, in the same field of endeavor, Sumitomo teaches an elastic member is provided in the gap (5), the elastic member includes rubber, the elastic member is gas-permeable (para. [0033]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the rubber gasket of the modified structure Lupton-Tatomir which seals the gap from liquid (Lupton, claim1) with gas-permeable as suggested by Sumitomo for the benefit of providing ventilation to the helmet system.
Response to Arguments
Applicant’s arguments, dated 12/02/2025, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/UYEN T NGUYEN/Examiner, Art Unit 3732