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 .
Status of the Claims
As directed by the amendment received on March 18, 2026, claims 1, 3-4, 6-8, and 16 have been amended. Accordingly, claims 1-21 are currently pending in this application with claims 9-15 being previously withdrawn from further consideration.
Response to Amendment
The amendments filed with the written response received on March 18, 2026, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated December 18, 2026, are hereby withdrawn unless specifically noted below.
Examiner’s Comment
Applicant is respectfully reminded of the proper manner of making amendments to the claims in future correspondence. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived (See 37 CFR 1.121(C)(2)). Examiner notes that at least some of the claim amendments to at least claim 1 were improperly indicated by Applicant in the response. As a courtesy to Applicant and in an effort to promote compact prosecution, the claim amendments have been entered and considered despite use of improper notation. Specifically, “a check pad material” was amended to recite “cushioning cheek pad material” with the article “a” being removed without proper annotation. Although Applicant’s omission is minor, Applicant is advised that any future correspondence having improperly indicated amendments may be met with a Notice of Non-Compliant Amendment.
Drawings
The drawings are objected to because in Fig. 8, there does not appear to be a reference character associated with the large dashed circle. It is unclear to what this circle is meant to refer.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the reference character “218a” mentioned in the description at [0061] as amended. It appears as though this reference character is meant to refer to the large dashed circle in Fig. 8. If so, the reference character should be added to the drawing with a corresponding lead line to properly indicate the large dashed circle.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
“at least a portion of the cushioning cheek pad material [being] disposed between the first end and thee second end” of each projecting fastener as recited in each of claims 1 and 16 (See objection to the specification and rejections under 112(a) and 112(b) below for additional discussion)
“the cushioning cheek pad material comprises an opening, and wherein the projecting fastener is disposed through the opening” as recited in claim 8 (See objection to the specification and rejections under 112(a) and 112(b) below for additional discussion)
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 – Disclosure
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:
“cushioning cheek pad material” as recited in each of claims 1, 8, and 16. Examiner notes that the only discussion of a “cushioning” material is with respect to “fabric portion 202” at [0050] while “cheek pad material 201” appears to be a separate structure (See rejections under 112(a) and 112(b) below for additional discussion).
Claim Objections
Claim 1 is objected to because of the following informalities:
At lines 3-4, “cushioning cheek pad material” should read “a cushioning cheek pad material”
At line 5, “first end and second end” should read “the first end and the second end”
Claim 16 is objected to because at line 6, “first end and second end” should read “the first end and the second end”
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1-8 and 16-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation of a “cushioning cheek pad material […] wherein the cheek pad backing and at least a portion of the cushioning cheek pad material are disposed between the first end and the second end [of each projecting fastener]” at lines 3-8. Although a cheek pad backing being disposed between first and second ends of each projecting fastener was disclosed in the application as originally filed, the disposition of at least a portion of some cushioning cheek pad material also being disposed between the first and second ends was not. Examiner notes that in Applicant’s application as originally filed, a “cheek pad material 201” is disclosed as including a “backing 204” having “openings 206” through which “projection fasteners 208” extend as discussed at [0048]-[0054]. The only discussion of any type of cushioning material is with respect to “fabric portion 202”. That said, this fabric portion 202 was never described in the specification nor shown in the drawings as originally filed as somehow being disposed between the first and second ends of each projecting fastener along with the claimed cheek pad backing. Therefore, the limitation with respect to the disposition of the cushioning cheek pad material relative to the ends of the projecting fastener constitutes new matter and should be removed from the claims. Claim 16 recites similar language as discussed above and is similarly rejected. See rejection under 112(b) below for additional discussion.
Claim 8 recites the limitation “the cushioning cheek pad material comprises an opening, and wherein the projecting fastener is disposed through the opening” at lines 1-3. As discussed with respect to claims 1 and 16 above, an opening through a cushioning cheek pad material (i.e., the apparent fabric portion 202) was never disclosed in the application as originally filed as having an opening through which a projecting fastener is disposed. Instead, one or more openings appear to be formed through cheek pad backing 204, not a cushioning cheek pad material. Therefore, the limitation constitutes new matter and should be removed from the claims. See rejection under 112(b) below for additional discussion.
Claims 2-8 and 17-21 are similarly rejected for being dependent on a rejected claim.
Claim Rejections - 35 USC § 112(b)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 and 16-21, as best can be understood, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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 1 recites the limitation “a releasable cheek pad comprising a cheek pad backing, cushioning cheek pad material and one or more projecting fasteners […] wherein the cheek pad backing and at least a portion of the cushioning cheek pad material are disposed between the first end and the second end [of each projecting fastener]” at lines 3-8. As discussed in the objections and rejections above, in light of Applicant’s disclosure, it is unclear which structure Applicant considers to be the “cushioning cheek pad member” and its relationship with other claimed structures such as the cheek pad backing. Based on Applicant’s disclosure, it is unclear how a cushioning cheek pad material, which is a separate structure from the cheek pad backing, can also be disposed between the first and second ends of each projecting fastener. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that Applicant clarify the structural relationship between the releasable cheek pad, the cheek pad backing, and the cushioning cheek pad material in light of Applicant’s disclosure as originally filed. For the purposes of examination, the limitation will be interpreted as best can be understood when applying prior art.
Claim 1 further recites the limitation “leaving the first end exposed” at line 8. It is unclear in what way the first end is meant to be considered “exposed”. For example, is the first end exposed to one or more external elements (i.e., light, weather, etc.), exposed to one or more other structural elements of the helmet, exposed to viewing from an external viewer, or some other type of exposure? Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation recite “, the first end projecting from the cheek pad backing and forming an exterior surface of the releasable cheek pad” or some other similar language. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 6 recites the limitation “the stem” at line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the limitation is meant to refer back to the previously introduced “intermediate stem” or introduce some other stem structure. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. If meant to refer back to the intermediate stem, it is suggested that the limitation instead read “the intermediate stem”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 16 recites the limitation “the cheek pad material” at line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the cheek pad material is meant to be the same structure as the previously introduced “cushioning cheek pad material”, or if the limitation is attempting to introduce another cheek pad material structure. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. If meant to refer to the same, previously introduced structure, it is suggested that the limitation instead read “the cushioning cheek pad material”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 16 further recites the limitation “leaving the first end exposed” at line 8. It is unclear in what way the first end is meant to be considered “exposed”. For example, is the first end exposed to one or more external elements (i.e., light, weather, etc.), exposed to one or more other structural elements of the helmet, exposed to viewing from an external viewer, or some other type of exposure? Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation recite “, the first end projecting from and forming an exterior surface of the cheek pad” or some other similar language. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claims 2-8 and 17-21 are also rejected for being dependent on a rejected claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 and 16-21, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0008580 to Mazzarolo et al. (hereinafter “Mazzarolo”), in view of USPN 6,256,797 to Nemoto et al. (hereinafter, “Nemoto”), and in view of US 2018/0035742 to Salvetti et al. (hereinafter, “Salvetti”).
Regarding claim 1, Mazzarolo teaches a helmet (See Mazzarolo, Figs. 1, 17-21, and 25-26; helmet (1); abstract) comprising: an outer shell (outer shell (10)); a releasable cheek pad comprising a cheek pad backing, cushioning cheek pad material and one or more projecting fasteners, wherein each projecting fastener comprises a first end, a second end opposing the first end and an intermediate stem connecting first end and second end (See Mazzarolo, Figs. 1 and 17-21; releasable cheek pad (16) comprising cheek pad plate (20), i.e., backing, cushioning padding layer (18), and having projections (22) having first and second ends connected by an intermediate stem between ends); and an inner lining disposed within the outer shell, the inner lining comprising one or more receiving fasteners configured to receive the one or more projecting fasteners (See Mazzarolo, Figs. 1 and 17-21; liner (12) within outer shell (10) having receiving seats (24) in plate (30) for receiving corresponding projections (22)), each receiving fastener comprising: an upper opening configured to engage a corresponding projection fastener in a snap-fit arrangement and a lower opening disposed below the upper opening, the lower opening configured to disengage the corresponding projecting fastener from the snap-fit arrangement (See Mazzarolo, Figs. 17-21 and 25-26; each receiving seat (24) as depicted in Fig. 19 includes an upper opening capable of engaging a corresponding projection (22) in a snap-fit arrangement, i.e., Fig. 20, and a lower opening capable of disengaging the corresponding projection (22) from the snap-fit arrangement, i.e., Figs. 25-26).
That said, Mazzarolo is silent to each receiving fastener comprising a ramped inner surface comprising one or more sloped portions and configured to guide the corresponding projecting fastener from the snap-fit arrangement.
However, Nemoto, in a related helmet art, is directed to a helmet having looped pull members mounted on inside pads to remove the pads from the helmet (See Nemoto, Figs. 1-5; abstract). More specifically, Nemoto teaches a receiving fastener comprising a ramped inner surface comprising one or more sloped portions and configured to guide the corresponding projecting fastener from the snap-fit arrangement (See Nemoto, Figs. 3-5; aperture (39) includes inner removal guide arm (54) having a sloped portion capable of guiding a corresponding stud (37) from a snap-fit arrangement; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to slope the lower portion of the receiving seat of Mazzarolo as disclosed by Nemoto for a variety of reasons including for example, but not limited to, aiding a user in selectively disengaging and removing the cheek pad by providing a guide for fastener removal (See Nemoto, Col. 9, lines 60-65).
That said, the projections of Mazzarolo are integrally formed with the plate cheek pad material. Therefore, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto, as discussed above) is silent to the cheek pad material being configured to receive the one or more projecting fasteners and wherein the cheek pad backing and at least a portion of the cushioning cheek pad material are disposed between the first end and the second end leaving the first end exposed.
However, Salvetti, in a related helmet art, is directed to a helmet having a padding element removably constrained to the shell (See Salvetti, Figs. 1-5). More specifically, Salvetti teaches a cheek pad material being configured to receive one or more projecting fasteners (See Salvetti, Figs. 3 and 5; frame material (3) of cheek pad is capable of receiving and retaining male fastener (4a) through a corresponding hole) and wherein the cheek pad backing and at least a portion of the cushioning cheek pad material are disposed between the first end and the second end leaving the first end exposed (See Salvetti, Figs. 3 and 5; frame material (3), i.e., a cheek pad backing, and at least a portion of soft cover (3c), i.e., a cushioning cheek pad material, are disposed between a first end, i.e., an exterior end of male fastener (4a), and a second end, i.e., opposite widest end portion interior to soft cover (3c); exterior end of male fastener (4a) is exposed on an external surface of the cheek pad).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to replace the integral design of the projections of the modified helmet of Mazzarolo with the insertably retained design of the projections disclosed by Salvetti for a variety of reasons including for example, but not limited to, allowing for replacement of individual projections when needed, i.e., for repair, instead of requiring replacement of the entire plate, and further since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. See MPEP 2144(V)(C).
Regarding claim 2, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claim 1 above) further teaches wherein the upper opening is smaller than the lower opening (See Mazzarolo, Fig. 19; upper opening of receiving seat (24) is smaller than lower opening).
Regarding claim 3, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claim 1 above) further teaches wherein the first end of each corresponding projecting fastener is configured to be received within a corresponding receiving fastener (See Mazzarolo, Figs. 17-22; projection (22) includes first end receivable in a corresponding receiving seat (24)).
Regarding claim 4, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claim 1 above) further teaches wherein the first end and the second end have diameters larger than the diameter of the intermediate stem (See Mazzarolo, Figs. 17-22; plate (20) is disposed between first and second ends of projection (22) as discussed in the modification above, wherein the projection is modified to extend through and be retained within a hole in the plate similar to male fastener (4a) depicted in Fig. 5 of Salvetti; the projection of Salvetti used in the modification having an intermediate stem section of smaller diameter than the diameters of either first or second ends).
Regarding claim 5, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claims 1 and 3 above) further teaches wherein the first end is configured to pass through the lower opening of the corresponding receiving fastener but not the upper opening of the corresponding receiving fastener (See Mazzarolo, Figs. 17-22 and 25-26; first end of projection (22) is capable of passing through larger, lower opening of receiving seat (24) but not the smaller, upper opening of receiving seat (24)).
Regarding claim 6, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claims 1 and 3 above) further teaches (See Mazzarolo, Fig. 20; intermediate stem of projection (22) extending between and connecting first and second ends of projection (22) as discussed in the modification above) wherein at least a portion of the stem extends beyond a front face of the corresponding receiving fastener when the corresponding projecting fastener is in the snap-fit arrangement with the corresponding receiving fastener (See Mazzarolo, Fig. 20; stem extends beyond a front face of plate (20) at least in direction receiving seat (24) when projection (22) is in snap-fit arrangement with receiving seat (24)).
Regarding claim 7, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claim 1 above) further teaches wherein at least one sloped portion in the one or more sloped portions is at an angle from an axis corresponding to a front face of the corresponding receiving fastener (See Nemoto, Fig. 4; removal guide arm (54) has sloped angle as applied to the lower portion of the receiving seat of Mazzarolo as discussed in the modification above).
That said, although the sloped angle depicted in Fig. 4 of Nemoto appears to be between 30 degrees and 60 degrees (See annotated portion of Fig. 4 of Nemoto below; sloped portion is about 45° from front face), Nemoto does not explicitly state an angle measurement.
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Annotated portion of Fig. 4 of Nemoto
However, it would have at least been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to make the angle of the sloped portion in the modified helmet of Mazzarolo be about 45° in order to match the depicted structure provided by Nemoto in Fig. 4, and further since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144(II)(A).
Regarding claim 8, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claim 1 above) further teaches wherein the cushioning cheek pad material comprises an opening, and wherein the projecting fastener is disposed through the opening (See Mazzarolo, Figs. 17-22; padding layer (18) of the cheek pad of Mazzarolo, as modified by Salvetti as discussed above, would include an opening through which the projection is capable of extending and being retained similar to second end of male fastener (4a) depicted in Fig. 5 of Salvetti which extends through an opening in soft cover (3c)).
Regarding claim 16, Mazzarolo teaches a helmet (See Mazzarolo, Figs. 1, 17-21, and 25-26; helmet (1); abstract) comprising: an outer shell (outer shell (10)); a cheek pad comprising a cushioning cheek pad material (See Mazzarolo, Figs. 1 and 17-21; cheek pad (16) comprising cheek pad plate (20) and padding layer (18)); a projecting fastener configured to selectively retain the cheek pad material to the outer shell (See Mazzarolo, Figs. 17-21 and 25-26; projection (22) capable of retaining plate (20) and padding layer (18) to outer shell (10)); wherein the projecting fastener comprises a first end, a second end opposing the first end and an intermediate stem connecting the first end and the second end (projections (22) having first and second ends connected by an intermediate stem between ends); and a receiving fastener configured to receive the projecting fastener, the receiving fastener comprising: a front face comprising a first opening configured to engage the projecting fastener to retain the cheek pad to the outer shell and the front face further comprising a second opening adjacent the first opening, the second opening configured to disengage the projecting fastener (See Mazzarolo, Figs. 17-21 and 25-26; receiving seat (24) capable of receiving corresponding projection (22); receiving seat (24) has front face having an upper, first opening capable of engaging projection (22) to retain check pad (16) to outer shell (10), and lower, second opening adjacent first opening and capable of disengaging projection (22); Examiner notes that the term "adjacent" is very broad and merely means "close to; lying near". (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
That said, Mazzarolo is silent to the receiving fastener comprising a ramped inner surface, the ramped inner surface comprising a sloped portion disposed behind the second opening, the sloped portion configured to guide the projecting fastener from the first opening to the second opening.
However, Nemoto, in a related helmet art, is directed to a helmet having looped pull members mounted on inside pads to remove the pads from the helmet (See Nemoto, Figs. 1-5; abstract). More specifically, Nemoto teaches a receiving fastener comprising a ramped inner surface, the ramped inner surface comprising a sloped portion disposed behind the second opening, the sloped portion configured to guide the projecting fastener from the first opening to the second opening (See Nemoto, Figs. 3-5; aperture (39) includes inner removal guide arm (54) having a sloped portion behind lower opening and capable of guiding a corresponding stud (37) to upper opening; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to slope the lower portion of the receiving seat of Mazzarolo as disclosed by Nemoto for a variety of reasons including for example, but not limited to, aid a user in selecting disengaging and removing the cheek pad by providing a guide for fastener removal (See Nemoto, Col. 9, lines 60-65).
That said, the projections of Mazzarolo are integrally formed with the plate cheek pad material. Therefore, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto, as discussed above) is silent to wherein at least a portion of the cushioning cheek pad material is disposed between the first end and the second end leaving the first end exposed.
However, Salvetti, in a related helmet art, is directed to a helmet having a padding element removably constrained to the shell (See Salvetti, Figs. 1-5). More specifically, Salvetti teaches wherein at least a portion of the cushioning cheek pad material is disposed between the first end and the second end leaving the first end exposed (See Salvetti, Figs. 3 and 5; frame material (3) of cheek pad is capable of receiving and retaining male fastener (4a) through a corresponding hole; frame material (3), i.e., a cheek pad backing, and at least a portion of soft cover (3c), i.e., a cushioning cheek pad material, are disposed between a first end, i.e., an exterior end of male fastener (4a), and a second end, i.e., opposite widest end portion interior to soft cover (3c); exterior end of male fastener (4a) is exposed on an external surface of the cheek pad).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to replace the integral design of the projections of the modified helmet of Mazzarolo with the insertably retained design of the projections disclosed by Salvetti for a variety of reasons including for example, but not limited to, allowing for replacement of individual projections when needed, i.e., for repair, instead of requiring replacement of the entire plate, and further since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. See MPEP 2144(V)(C).
Regarding claim 17, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claim 16 above) further teaches wherein the front face comprises a tapered portion extending into the first opening and the second opening (See Mazzarolo, Fig. 19; receiving seat (34) on front face of plate (20) includes retention edge (34) which extends into and between the first and second openings and tapers in width from the lower, second opening to the upper, first opening).
Regarding claim 18, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claims 16-17 above) further teaches wherein the tapered portion is configured to retain the projecting fastener in the first opening (See Mazzarolo, Fig. 19; tapered retention edge (34) is capable of retaining projection (22) in upper, first opening; [0101]-[0104]).
Regarding claim 19, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claim 16 above) further teaches wherein the ramped inner surface further comprises: a top end; and a bottom end opposing the top end, the ramped inner surface being coupled to the front face at the top end and the bottom end (See annotated Fig. 26 of Mazzarolo below; inner surface of receiving seat (24) includes top end and bottom end at which points the inner surface is coupled to the front face; inner surface is ramped as a result of the modification with Nemoto discussed above wherein the lower portion is sloped similar to Fig. 4 of Nemoto).
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Annotated Fig. 26 of Mazzarolo
Regarding claim 20, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claims 16 and 19 above) further teaches wherein the sloped portion extends from the bottom end of the ramped inner surface to a portion of the ramped inner surface below the top end (See Nemoto, Fig. 4; sloped portion of guiding arm extends from a bottom end to a portion below a top end of the inner surface; the lower portion of the inner surface of the receiving seat of Mazzarolo, modified to be sloped as discussed above, would similarly extend from a bottom end to a portion below the top end in the modified helmet).
Regarding claim 21, the modified helmet of Mazzarolo (i.e., Mazzarolo in view of Nemoto and Salvetti, as discussed with respect to claim 16 above) further teaches wherein the sloped portion of the ramped inner surface is at an angle from an axis corresponding to the front face (See Nemoto, Fig. 4; removal guide arm (54) has sloped angle as applied to the lower portion of the receiving seat of Mazzarolo as discussed in the modification above).
That said, although the sloped angle depicted in Fig. 4 of Nemoto appears to be between 40 degrees and 50 degrees (See annotated portion of Fig. 4 of Nemoto below; sloped portion is about 45° from front face), Nemoto does not explicitly state an angle measurement.
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Annotated portion of Fig. 4 of Nemoto
However, it would have at least been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to make the angle of the sloped portion in the modified helmet of Mazzarolo be about 45° in order to match the depicted structure provided by Nemoto in Fig. 4, and further since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144(II)(A).
Response to Arguments
Applicant’s arguments, filed March 18, 2026, with respect to the rejection of the claims under 35 USC 103 have been fully considered but are moot in view of the new grounds of rejection, as Applicant’s arguments appear to be drawn only to the newly amended limitations and previously presented rejections.
The newly amended limitations are taught by Mazzarolo in view of Nemoto and Salvetti as discussed in the new grounds of rejection above. In response to Applicant’s argument that neither Mazzarolo nor Salvetti teach that the projection member extends into the cushioning cheek pad material, Examiner respectfully disagrees. As discussed in the current grounds of rejection above, Salvetti teaches a projecting fastener that has a second end that extends into a soft cover layer (See Salvetti, Fig. 5; widest end of male fastening element (4a) extends into soft cover layer (3c)). As discussed above, this projecting fastener design of Salvetti is used to modify the structure of Mazzarolo.
Conclusion
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 MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
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/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732
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