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 .
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.
Claim(s) 1-7, 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Pombo et al. (2018/0180894—hereinafter, Pombo).
Regarding claim 1, Pombo discloses a hard hat (22, fig.2A, 2B, par [0057]), comprising: an outer shell (headwear 22 having a shell) comprising: an exterior surface; an interior surface defining a cavity (fig.2A); and a lower circumference extending along the exterior surface of the outer shell (fig.2B); and a side accessory ridge (66) positioned on a lateral side of the exterior surface and extending along the lower circumference (fig.2A), the side accessory ridge comprising: a forward rim (at 32); a rear rim (at 30); and a port (fig.2A, 2B shows as after the attachment mechanism 66 attached the headwear 22, which provided recess/spacings therebetween and are configured to receive a plurality of accessories/devices, par [0057]) positioned between the forward rim and the rear rim (fig.2A). But Pombo does not a plurality of ports defined in the side accessory ridge and positioned between the forward rim and the rear rim. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to experiment with different length of each slot/space in order to achieve an optimal configuration, since discovering the optimum or workable lengths or ranges of the slot involves only routine skill in the art. In this case, it is well known that each accessory has its own length/shape/dimension, if two or more accessories having different lengths/shapes and then attached to each slot/spacing/recess; that will provide different length of each slot on the side of side ridge of the helmet shell.
Regarding claims 2, 4, Pombo does not explicitly disclose wherein the plurality of ports comprise a first accessory port with a first length and a second accessory port with a second length; wherein the plurality of ports further comprise a third accessory port with a third length, wherein the third length is the same as the first length, and wherein the second port is between the first port and the third port in a circumferential direction. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to experiment with different length of each slot/space in order to achieve an optimal configuration, since discovering the optimum or workable lengths or ranges of the slot involves only routine skill in the art. In this case, it is well known that each accessory has its own length/shape/dimension, if two or more accessories having different lengths/shapes and then attached to each slot/spacing/recess; that will provide different length of each slot/spacing/recess on the side of side ridge of the helmet shell.
Regarding claim 3, Pombo does not disclose explicitly disclose wherein the second length is different from the first length. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to experiment with different length of each slot/space in order to achieve an optimal configuration, since discovering the optimum or workable lengths or ranges of the slot involves only routine skill in the art. In this case, it is well known that each accessory has its own length/shape/dimension, if two or more accessories having different lengths/shapes and then attached to each slot/spacing/recess; that will provide different length of each slot on the side of side ridge of the helmet shell.
Regarding claim 5, Pombo discloses further comprising a brim extending radially outward and away from a portion of the lower circumference (fig.2A).
Regarding claims 6-7, Pombo discloses further comprising an opposite side accessory ridge, the opposite side accessory ridge (fig.2A, 2B) comprising: a forward rim (2A); a rear rim (fig.2A). But Pombo does not explicitly disclose a plurality of ports positioned between the forward rim and the rear rim; wherein the side accessory ridge and the opposite side accessory ridge extend around opposite lateral sides of the exterior surface along the lower circumference of the opposite side of the outer shell. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide a plurality of portions between the front and rear rim one side of the shell, such modification would be considered a mere duplication of slots on one known side ridge for another known side ridge of the helmet shell involves routine skill in the art.
Regarding claim 9, Pombo discloses further comprising a mount (5, fig.2A, 2B) on at least one of a front portion and a rear portion of the exterior surface, wherein the mount and the side accessory ridge each support and couple an accessory to the hard hat (fig.2A).
Regarding claim 10, Pombo discloses further comprising an accessory coupled to the side accessory ridge, wherein the accessory is selected from a reflector, a magnetic tool carrier, a face-shield, earmuffs, and an eyeglass holder (see all figues).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Pombo et al. (2018/0180894—hereinafter, Pombo) in view of Klotz et al. (2012/0246807—hereinafter, Klotz).
Regarding claim 8 Pombo does not disclose further comprising an accessory coupled to the side accessory ridge, wherein the accessory is selected from a reflector, a magnetic tool carrier, a face-shield, earmuffs, and an eyeglass holder. However, Klotz teaches another similar helmet accessory fig.1 having a helmet shell having a dome and a rim having a perimeter having slots or channels are configured to receive the adapter 10 see fig.1D; fig.1D also connected to the rail 120 of the face shield 140. Fig.4A shows the face shield and the rail connected to side of the helmet; and the hearing protection 400 connected to the channel by fastener 440/420, fig.4C. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide face shield or the earmuffs to connect to the helmet of Pombo taught by Klotz in order to provide alternative device configured to attachable and releasable to the helmet when is used.
Allowable Subject Matter
Claims 11-21 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732
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