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 .
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.
DETAILED ACTION
This communication is in response to Application No. 18/596,184 filed on 5 March 2024. The response filed 1 July 2026 amends claims 1, 6, 7, 14, 19, and 20, and presents arguments is hereby acknowledged. Claims 1-20 are presented for examination.
Response to Arguments
Independent Claims 1, 14, and 19
On pages 7-9 of the response filed 1 July 2026, Applicant addresses the 35 U.S.C. 103 rejection made on the 1 April 2026 Non-Final Rejection. Applicant’s arguments, regarding the rejections under 35 U.S.C. 103, have been fully considered.
On pages 7-9, Applicant argues that the Genova/Tran system fails to teach or suggest the amended limitations. Examiner respectfully agrees and finds this argument persuasive. None of the Genova/Tran system disclose the amended limitations. Therefore, Examiner finds this argument persuasive.
Dependent Claims 2-13, 15-18 and 20
On pages 7-9 of the response filed 1 July 2026, Applicant addresses the 35 U.S.C. 103 rejection made on the 1 April 2026 Non-Final Rejection. Applicant submits that these claims are allowable at least as depending from an allowable independent claim, and further in view of the amendments to the independent claims, and the comments provided above. As per the comments above, Examiner found the arguments persuasive. With regards to allowability, Examiner has conducted a search and applied new art. Thus, a new rejection is established against the independent claims.
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, 5-15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US PGPUB 2019/0091545 A1 to Genova and in view of US PGPUB 2019/0268550 A1 to Arnold.
Regarding Claim 1, Genova discloses a system, comprising: a message-sending device comprising a first processing system including a first processor (FIG. 2A, primary system 204), wherein the message-sending device further comprises a first wireless communication mechanism (0020 and 0029 provides for used to communicate across network 206 wireless), wherein the first processing system is configured to receive an input command (0020 provides for system 204 is configured to receive a selection of a play), wherein the input command is provided by a person who is coaching a player (0020 provides for used by a coach), wherein the person who is coaching the player is located on a sideline of a field (FIG. 1 provides for Coach 104 is located on the sideline of field 102), and wherein the player is on the field (FIG. 1 provides for Xs and Os are players on field 102); and a wearable device worn by the player (FIG. 2A wearable device 202), wherein the wearable device comprises a second processing system including a second processor, wherein the wearable device further comprises a second wireless communication mechanism (0019-0020 and 0029 provides for used to communicate across network 206 wireless); wherein the first processing system receives play clock timing data from a remote play clock timing source corresponding to a play clock associated with a current play (FIG. 2B, 0062 and 0064 provides for wherein the processing system 204 corresponds to a play clock from a source correlated with a particular clock or count down, wherein any number of systems are used to implement the invention); wherein the first processing system determines, based on the play clock timing data, whether the play clock associated with the current play has been running for a threshold amount of time, resulting in a determination (0062 and 0064 provides for the time to live value/threshold may correspond to a play clock within a football game); wherein, responsive to the determination being that the play clock associated with the current play has not been running for the threshold amount of time, the first processing system transmits via the first wireless communication mechanism to the helmet a message that is based upon the input (0019-0020 and 0062 provides for enables the players to receives plays, messages, or instructions within the time to live value correlated to the play clock); and wherein the second processing system receives, via the second wireless communication mechanism of the wearable device, the message (FIG. 2A, 0019-0020, and 0029 provides for enables the players to receives plays, messages, or instructions typically through a wireless communication). Genova doesn’t explicitly disclose wherein the device worn by the player is a helmet worn by the player, wherein the helmet further comprises a heads-up display (HUD) mechanism positioned in a line of sight of at least one eye of the player, wherein the HUD mechanism comprises a shatter-resistant plastic display lens; and wherein, responsive to receipt of the message, the second processing system causes the HUD mechanism to display the message. Arnold, in a similar field of endeavor, discloses wherein the device worn by the player is a helmet worn by the player (FIG. 7 provides for a helmet); wherein the helmet further comprises a heads-up display (HUD) mechanism positioned in a line of sight of at least one eye of the player (FIG. 7 and 0047 provides for a heads-up display that supplements the wearer’s field of vision); wherein the HUD mechanism comprises a shatter-resistant plastic display lens (0047 provides for the helmet is made of shatter resistant material); and wherein, responsive to receipt of the message, the second processing system causes the HUD mechanism to display the message (FIG. 7 and 0047 provides for a visual display or a screen on the helmet visor). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of Arnold for body-mounted helmets. The helmet of Arnold, when implemented with the coaching wearables of the Genova system, will allow one of ordinary skill in the art to wirelessly transmit messages in order to provide real-time communicate between an athlete and their coach during a game. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the helmet of Arnold with the coaching wearables of the Genova system for the desirable purpose of providing direct, real-time communication during a football game.
Regarding Claim 2, the Genova/Arnold system discloses the system of claim 1, wherein: responsive to the determination being that the play clock associated with the current play has been running for the threshold amount of time, not transmitting, by the first processing system, the message (Genova, 0062 provides for the time to live value/threshold may correspond to a play clock within a football game and the message may cease).
Regarding Claim 5, the Genova/Arnold system discloses the system of claim 1, wherein each of the first wireless communication mechanism and the second wireless communication mechanism is configured for communication via a fifth-generation (5G) cellular network (Arnold, 0085 provides for 5G communication network), a sixth-generation (6G) cellular network, any subsequent generation cellular network, or any combination thereof. Same motivation as claim 1.
Regarding Claim 6, the Genova/Arnold system discloses the system of claim 1, wherein the second wireless communication mechanism of the helmet comprises one or more antennas (Arnold, 0085 provides for antenna is issued with enclosure of components of the 5g system), and wherein the display mechanism of the helmet comprises a heads-up display (HUD) (Arnold, FIG. 7 and 0047 provides for a heads-up display). Same motivation as claim 1.
Regarding Claim 7, the Genova/Arnold system discloses the system of claim 1, further comprising at least one battery for powering the second wireless communication mechanism of the helmet, the display mechanism of the helmet, and the second processing system of the helmet (Arnold, FIG. 7 and 0045 provides for battery 618). Same motivation as claim 1.
Regarding Claim 8, the Genova/Arnold system discloses the system of claim 1, wherein the threshold is 15 seconds (Genova, 0062 provides for a time to live value may be associated with the message).
Regarding Claim 9, the Genova/Arnold system discloses the system of claim 1, wherein the message that is received is displayed as a text message, as an image (Genova, 0082 provides for display an image corresponding to a play), or any combination thereof.
Regarding Claim 10, the Genova/Arnold system discloses the system of claim 1, wherein the message that is received is displayed as an instruction to the player to perform an action, as an instruction to the player to not perform an action, a name of a pre-defined play (Genova, 0082 provides for display an image corresponding to a play), or any combination thereof.
Regarding Claim 11, the Genova/Arnold system discloses the system of claim 1, wherein the message-sending device includes an app (Genova, 0030 provides for a web browser is a network software application).
Regarding Claim 12, the Genova/Arnold system discloses the system of claim 11, wherein the app is used by a coach of the player (Genova, 0020 and 0030 provides for a coach using a web browser to provide a selection of a play).
Regarding Claim 13, the Genova/Arnold system discloses the system of claim 1, wherein: the message-sending device comprises a tablet computer, a laptop computer (Arnold, 0061 provide for laptop), or any combination thereof (Genova, 0030 provides for primary system 204 comprises a web browser); the first wireless communication mechanism comprises a first transceiver (Genova, 0042 provides for transceiver); and the second wireless communication mechanism comprises a second transceiver (Genova, 0042 provides for transceiver). Same motivation as claim 1.
Regarding Claim 14, similar rejection where the system of claim 1 teaches the non-transitory machine-readable medium of claim 14.
Regarding Claim 15, similar rejection where the system of claim 2 teaches the non-transitory machine-readable medium of claim 15.
Regarding Claim 17, similar rejection where the system of claim 5 teaches the non-transitory machine-readable medium of claim 17.
Regarding Claim 18, similar rejection where the system of claim 13 teaches the non-transitory machine-readable medium of claim 18.
Claims 3, 4, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the Genova/Arnold system as applied to claims 1 and 14 above, and further in view of US PGPUB 2018/0278462 A1 to Bjontegard.
Regarding Claim 3, the Genova/Arnold system discloses the system of claim 1. The Genova/Arnold system doesn’t explicitly disclose wherein the helmet is a football helmet. Bjontegard, in a similar field of endeavor, discloses wherein the helmet is a football helmet (0453 and 0456 provides for NFL players playing football have sensors in their helmets). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of Bjontegard for implementing smart protective gear into NFL standards. The NFL gear of Bjontegard, when implemented with the coaching wearables of the Genova/Arnold system, will allow one of ordinary skill in the art to wirelessly transmit messages in order to provide real-time communicate between an athlete and their coach during an NFL game. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the NFL gear of Bjontegard with the coaching wearables of the Genova/Arnold system for the desirable purpose of providing direct, real-time communication during an NFL football game.
Regarding Claim 4, the Genova/Arnold/Bjontegard system discloses the system of claim 3, wherein the football helmet conforms to an NCAA standard, an NFL standard, or any combination thereof (Bjontegard, 0453 and 0456 provides for the NFL player with multiple sensors). Same motivation as claim 3.
Regarding Claim 16, similar rejection where the system of claim 4 teaches the non-transitory machine-readable medium of claim 16.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Arnold, Genova, and in view of US PGPUB 2018/0235304 A1 to Fischer et al and further in view of US Patent 12,324,679 B1 to Lochner et al.
Regarding Claim 19, Arnold discloses a helmet (FIG. 7, helmet), comprising: a shell configured to be worn on a head (FIG. 7 and 0045 provides for shell 610 configured to worn on head); a heads-up display (HUD) mechanism mounted to the shell (FIG. 7, 0043, 0045, and 0047 provides for a heads-up display), the HUD mechanism being positioned to be in a line of sight of at least one eye of the player when the shell is on the head of the player (FIG. 7 and 0047 provides for wherein the heads-up display is positioned in the line of vision for a user), wherein the HUD mechanism comprises a display optically coupled to a shatter-resistant plastic eyepiece lens (0047 provides for shatter resistant material); a wireless communication mechanism (0085 provides for wireless transmissions); a processing system including a processor (FIG. 10 and 0050 provides for heads up display processor); and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations (0052 provides for memory), the operations comprising: receiving, via the wireless communication mechanism, a message from a message-sending device (FIG. 7 and 0050-0052 provides for helmet receiving, via wireless transmissions, data from remote commands). Arnold doesn’t explicitly disclose worn on the head comprises the head of a player; a logo plate coupled to the shell; wherein a mechanism is mounted to the shell via the logo plate, wherein the HUD mechanism comprises a micro display optically coupled to the eyepiece lens; determining whether a play clock associated with a current play has been running for a threshold amount of time, resulting in a determination; and responsive to the determination being that the play clock associated with the current play has not been running for the threshold amount of time, displaying, on the HUD mechanism, the message that is received. Genova, in a similar field of endeavor, discloses wherein the head comprises the head of a player 0039 provides for wearable device of a player to display an image of a play to be performed); determining whether a play clock associated with a current play has been running for a threshold amount of time, resulting in a determination (0062 and 0064 provides for the time to live value/threshold may correspond to a play clock within a football game); and responsive to the determination being that the play clock associated with the current play has not been running for the threshold amount of time, displaying, on the HUD mechanism, the message that is received (FIG. 2A, 0019-0020, 0029, and 0062 provides for enables the players to receives plays, messages, or instructions typically through a wireless communication). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of Genova for wearables for coaching. The coaching wearables of Genova, when implemented with the body-mounted helmets of the Arnold system, will allow one of ordinary skill in the art to wirelessly transmit messages in order to provide real-time communication between an athlete and their coach during a game. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the coaching wearables of Genova with the body-mounted helmets of the Arnold system for the desirable purpose of providing direct, real-time communication during a football game. The Arnold/Genova system doesn’t explicitly disclose a logo plate coupled to the shell; wherein a mechanism is mounted to the shell via the logo plate; and wherein the HUD mechanism comprises a micro display optically coupled to the eyepiece lens. Fischer, in a similar field of endeavor, discloses a logo plate coupled to the shell (0071 provides for a logo plate is permanently affixed using other attachment means); and wherein a mechanism is mounted to the shell via the logo plate (FIG. 21B, 0071, and 0108 provides for wherein the logo plate/bumper is mounted on the shell of a helmet). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of Fischer for altering the angle of an occipital contact region of a football helmet shell. The helmet of Fischer, when implemented with the coaching wearables of the Arnold/Genova system, will allow one of ordinary skill in the art to display transmitted message in order to provide real-time communication between an athlete and their coach. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the helmet of Fischer with the coaching wearables of the Arnold/Genova system for the desirable purpose of providing private communication from the sideline to the players during a football game. The Arnold/Genova/Fischer system doesn’t explicitly disclose wherein the HUD mechanism comprises a micro display optically coupled to the eyepiece lens. Lochner, in a similar field of endeavor, discloses wherein the HUD mechanism comprises a micro display optically coupled to the eyepiece lens (col. 16, lines 21-30, col. 63 lines 1-5, and col. 82 lines 27-55 provides for the newer micro-display technologies where a heads up display coupled to a lens for a wearer to see projected information). One of ordinary skill in the art before the effectively filed date of the claimed invention would have recognized the ability to utilize the teachings of Lochner for integrating micro-displays into helmet-mounted displays that moves with the orientation of the user’s head. The helmet-mounted micro-displays of Lochner, when implemented with the coaching wearables of the Arnold/Genova/Fischer system, will allow one of ordinary skill in the art to display augmented messages on head-mounted displays in order to provide real-time communication during a football game. Therefore, the examiner concludes it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to utilize the helmet-mounted micro-displays of Lochner with the coaching wearables of the Arnold/Genova/Fischer system for the desirable purpose of providing communication from the sideline to the micro-display of the helmet of players during a football game.
Regarding Claim 20, the Arnold/Genova/Fischer/Lochner system discloses the helmet of claim 19, wherein: responsive to the determination being that the play clock associated with the current play has been running for the threshold amount of time, not displaying, on the HUD mechanism, the message that is received (Genova, 0062 provides for the time to live value/threshold may correspond to a play clock within a football game and the message may cease). Same motivation as claim 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2017/0103440 A1 to Xing et al discloses a smart helmet to create augmented reality.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SCHQUITA GOODWIN whose telephone number is (571)272-5477. The examiner can normally be reached M-F 9am - 5pm EST.
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, Tonia Dollinger can be reached on (571) 272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SCHQUITA D GOODWIN/Primary Examiner, Art Unit 2459
Prosecution Insights