DETAILED ACTION
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
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 1-4, 18, 25, 27-31,36, 41-42,44-47 and 49-50 are rejected under 35 U.S.C. 103 as being unpatentable over McDermott (US 2022/0015487). McDermott discloses a water
headwear/helmet (10), subparagraph 3, defining a body (12) with an upper cranial
portion to protect frontal, parietal, and occipital regions of the head; a temporal portion to
protect a temporal region of the head and a first plurality of openings/spaces extending
through the upper cranial portion and a second plurality of openings/spaces extending
through the temporal portion that permit the passage of water through the water
headwear, subparagraph 84 and as shown in figure 1. Further, the first plurality of
openings/spaces defines a first percentage of an exterior surface area of the upper cranial
portion being substantially narrow relative to a bottom edge of headwear and the second
plurality of openings includes a second percentage of an exterior surface area of the
temporal portion, the second percentage being greater than the first percentage as shown
in figure 1. Also, the upper cranial portion includes a transverse/first rib (18,46) made of
a rigid layer, subparagraph 91, between adjacent openings of the first plurality of
openings, the transverse rib extending approximately perpendicularly to a longitudinal
centerline of the body as shown in figure 2.
Additionally, the temporal portion includes a transverse/first rib
(24) extending approximately perpendicularly to a longitudinal centerline of the body as
shown in figure 1. The first plurality of openings including a rear opening defined by
cradle (72) is larger than any other of the first plurality of openings about the upper
cranial portion as shown in figure 12. Furthermore, an ear cover (26a, 26b) includes a
plurality of holes (36) to aerate water entering the ears attached by fasteners,
subparagraph 94. However, McDermott does not discloses the first and
second plurality of openings having between 10% and 40% of the exterior surface area of
the body.
It would have been obvious to one skilled in the art before the effective date of the
claimed invention that the first and second plurality of openings/spacing of McDermott
substantially but not limited to being formed between 10% and 40% of an exterior
surface area of the body, etc. so that water can easily be withdrawn when the device is
worn while protecting the head from impacts..
With regard to claim 27, subparagraph 94 discloses the ear cover being attached
by fasteners. Therefore, it would have been obvious to one skilled in the art before the
effective date of the claimed invention that the ear cover of McDermott attached by
fasteners can but not limited to be vertically adjustable to fit about different sized head or
depending on end use thereof.
Additionally, it would have been obvious to one skilled in the art
before the effective date of the claimed invention that the ribs of McDermott can
include but not limited to a radius of curvature of greater than or equal to 50 mm,
etc. to minimize drag when the device is worn while submerged in water or
depending on end use thereof.
With regard to claim 49, it would have been obvious to one skilled in the art
before the effective date of the claimed invention with the body having the first
and second plurality of openings with the ribs of McDermott is substantially but
not limited to the second plurality of openings that permit the passage of water
through the temporal portion, the first plurality of openings including between 5%
and 30% of the exterior surface area of the upper cranial portion and the second
plurality of openings comprising between 15% and 40% of an exterior surface
area of the temporal portion, etc. depending on the level of water that needs to be
withdrawn from the helmet based on the number of first and second openings
chosen while protecting the temporal region from impact or as required for a
particular application.
Claims 28, 30, 42 and 44-45 are rejected under 35 U.S.C. 103 as being unpatentable over
McDermott in view of Andujar (US 5,177,815). McDermott discloses the invention as set
forth above as disclosed in paragraph 2 except for the body having a second material
being less rigid than a first material with the plurality of openings extending
therethrough.
Andujar discloses a headwear/helmet (10) with a body having a second layer (12)
made of a second material being less rigid than a first rigid layer/shell (14, 16) made of a
first material, col. 3, lines 11-32 defining a rib with the plurality of openings extending
therethrough as shown in figure 1.
It would have been obvious to one skilled in the art before the effective date of
the claimed invention with the body having the first and second plurality of
openings with the ribs of McDermott is made of a second material being less
rigid than a first material as taught by Andujar substantially but not limited to
forming between 10% and 40% of the plurality of openings on an exterior surface
area of the body, etc. so that water can easily be withdrawn when the device is
worn while protecting the head from impacts or as required for a particular
application thereof.
With regard to claim 42, it would have been obvious to one skilled in the
art before the effective date of the claimed invention that the body of McDermott
when viewed with Andujar having channels (20) extending through the second
layer will substantially facilitate a flow of water between an interior and an
exterior when the water headwear is worn or depending on end use thereof.
With regard to claim 44, it would have been obvious to one skilled in the
art before the effective date of the claimed invention that the body of McDermott
when viewed with Andujar can include but not limited to a third layer/liner
adjacent to interior of the second layer, etc. so that that the device is comfortable
when worn or depending on end use thereof.
Furthermore, with regard to claim 45, it would have been obvious to one skilled in
the art before the effective date of the claimed invention that the headwear of
McDermott when viewed with Andujar can withdraw water while upside down
but not limited to less than 2 seconds, etc. depending on number of first and
second openings chosen for a particular application or end use thereof.
Allowable Subject Matter
Claims 6-7, 9, 11-12, 14-16, 18, 20-21, 23, 33-34, and 37-39 are objected to as being
dependent upon a rejected base claim, but would be allowable if rewritten in independent
form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. Each of the prior art references cited on PTO-892 discloses a headgear having
a plurality of opening though an outer shell thereof.
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January 7, 2026 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732