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
The amendments filed with the written response received on December 03, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1 and 14 have been amended and claim 2-5 and 19 have been canceled along with previously cancelled claims 15-18 and 27-39. Accordingly, claims 10-19 are pending in this application, with an action on the merits to follow.
Because of the applicant’s amendment, the following in the office action mailed June 03, 2025, are hereby withdrawn:
Previous objection to the specification/abstract.
Previous objection to the priority documents.
Previous objection to the drawings.
Previous rejection to the 35 USC 112(b).
Response to Arguments
Applicant's arguments filed December 03, 2025 have been fully considered but
they are not persuasive.
Applicant’s argues in the remarks filed December 03, 2025, on page 9, “Claim 26 requires that "the inner surface (B21a, B22a) of each section (B21, B22) comprises at least one region (R) that comprises a spherical curvature and is concentric to the opposing outer surface portion (B31, B32) of the inner layer (B3)." This requires that the regions each have a constant radius (as they have a spherical curvature), and the respective opposing outer surface region each has a radius that originates from the same center (concentric). Morello is completely silent regarding these features. There is no spherical curvature regions on the inner surface and no corresponding concentric portions of the outer surface described in Morello. Particularly, Fig. 5B and 6B cited in the Office Action show no curvatures as these drawings are schematic drawings. The same is true for Fig. 6 showing a curved surface of the helmet. However, also Fig. 6 does not disclose the regions (R) having spherical curvature and corresponding concentric opposing portions (B31, B32). In view of the foregoing, Applicant submits that claim 26 is therefore not anticipated by Morello, is novel, and respectfully requests withdrawal of this rejection.”
Examiner respectfully disagrees with Applicant’s argument that “There is no spherical curvature regions on the inner surface and no corresponding concentric portions of the outer surface described in Morello. Particularly, Fig. 5B and 6B cited in the Office Action show no curvatures as these drawings are schematic drawings. The same is true for Fig. 6 showing a curved surface of the helmet. However, also Fig. 6 does not disclose the regions (R) having spherical curvature and corresponding concentric opposing portions (B31, B32). In view of the foregoing, Applicant submits that claim 26 is therefore not anticipated by Morello, is novel, and respectfully requests withdrawal of this rejection.”
Examiner notes that wherein the inner surface (111) of each section (Figures 5A-6B; Morello) comprises at least one region (R) that comprises a spherical curvature and is concentric to the opposing outer surface portion (outer shell 11; Morello)(Figure 5B & 6B; Morello) of the inner layer (Inner lining 31; Morello) wherein Morello’s protective helmet 2 teaches a spherical curvature wherein the subsequent layers beneath coating shell 21 of the protective helmet 2 comprise an inner layer (see element ~ inner lining 31; Morello) being concentric to the inner surface of the outer protective layer (see element 11 ~ outer shell; Morello), wherein the outer protective layer has a plurality of surface areas (see element 51 ~ spacers ~ having truncated cone geometry; Morello). Examiner notes that the elements can be shown in multiple Figures including 5A-5B, and Figures 1-6; Morello which teach Morello’s protective helmet 2 teaches a spherical curvature wherein the subsequent layers beneath coating shell 21 of the protective helmet 2 comprise an inner layer (see element ~ inner lining 31; Morello) being concentric to the inner surface of the outer protective layer (see element 11 ~ outer shell; Morello), wherein the outer protective layer has a plurality of surface areas (see element 51 ~ spacers ~ having truncated cone geometry; Morello).
Therefore examiner respectfully disagrees with Applicants argument.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 26 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by World International Patent Publication No. WO 2020/035807 A1 to Morello, (herein after "Morello").
As to Claim 26, Morello discloses a helmet (Figs. 6 and 6A-6C protective helmet 2; Morello) comprising:- an inner layer (Inner lining 31; Morello) comprising an outer surface (outer shell 11; Morello), and an outer protective layer (coating shell 21; Morello) arranged on the inner layer (Inner lining 31; Morello), the outer protective layer (coating shell 21; Morello) comprising at least two sections (Figure 6A; Morello, teaching notches 61, 62) wherein each section (Figures 5A-6B; Morello, teaching notches 62) comprises an inner surface (inner surface 111; Morello) facing an outer surface portion (outer shell 11; Morello) of the inner layer (Inner lining 31; Morello), wherein upon exposure to an impact force (F2; Morello) having at least a tangential force (impact portion 161) component along an outer surface (21) of the respective section (Figures 5A-6B; Morello, teaching notches 61,62) (Figures 5A-6B and Page 14 and Lines 9-20; Morello teaching an oblique impact) the respective section (Figures 5A-6B; Morello, teaching notches 61,62) is configured to move relative to the opposing outer surface portion (outer shell 11; Morello)(Figure 5B & 6B; Morello) of the inner layer (Inner lining 31; Morello) and separate from the other section (Figures 5A-6B; Morello),
wherein the inner surface (111) of each section (Figures 5A-6B; Morello) comprises at least one region (R) that comprises a spherical curvature and is concentric to the opposing outer surface portion (outer shell 11; Morello)(Figure 5B & 6B; Morello) of the inner layer (Inner lining 31; Morello) wherein Morello’s protective helmet 2 teaches a spherical curvature wherein the subsequent layers beneath coating shell 21 of the protective helmet 2 comprise an inner layer (see element ~ inner lining 31; Morello) being concentric to the inner surface of the outer protective layer (see element 11 ~ outer shell; Morello), wherein the outer protective layer has a plurality of surface areas (see element 51 ~ spacers ~ having truncated cone geometry; Morello).
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Allowable Subject Matter
Claims 1, 6, 8, 10-14, 20-25 are allowed over prior art of record.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday 9:00 AM to 4:00pm EST.
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/AKWOKWO OLABISI REDHEAD/ Examiner, Art Unit 3732
/ALISSA L HOEY/ Primary Examiner, Art Unit 3732