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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06-01-2026 has been entered.
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 (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 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.
Claim(s) 1-5, 8, 15-17, and 19-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noordzij et al. (2017/0325534).
Regarding claim 1 (statement of intended use structure has been fully considered and element such as AV/VR goggles is being treated as such), Noordzij discloses a safety headwear system (figs 2-16) comprising:
a hard hat comprising: an outer shell comprising: an exterior surface; an interior surface defining a cavity configured to receive a head of an operator; a crown portion, the crown portion configured to cover part of the head of the operator; a bottom portion defines a lower circumference along the exterior surface of the outer shell (member 16 or 116); and
side mounting ridges positioned on the exterior surface on opposing lateral sides of the bottom portion (member 120c, para 0044);
a mounting bracket (member 110) that removably couples to side mounting ridges (members 30 or 130) and is supported relative to the hard hat by the side mounting ridges (para 0044), the mounting bracket comprising
a bracket arm (member 120b) comprising opposing ends, each of the opposing ends comprising a hinge (member 158) configured to engage the side mounting ridges of the hard hat; and wherein the mounting bracket is configured to support a pair of AV/AR goggles (para 0036).
It is noted that the language "configured to support" is functional language and therefore, the AR/VR googles is only functionally recited. The headwear system of Noordzij, as discussed, has all the structures as claimed and is inherently capable of being used to support different types of eye wears (goggles) including AR/VR goggles. If a prior art structure is capable of performing the intended use as recited, then it meets the claim.
Regarding claim 2, Noordzij discloses the mounting bracket further comprising a tilting mounting hinge positioned on a front surface of the bracket arm that faces away from the exterior surface of the hard hat, the tilting mounting hinge positioned between the hinges of each of the opposing ends, the tilting mounting hinge is configured to support the pair of AR/VR goggles (figs 7-16, para 0042 to 0050).
Regarding claim 3, Noordzij discloses the tilting mounting hinge allows for angular movement of the pair of AR/VR goggles relative to the hard hat (figs 7-16, para 0042 to 0050).
Regarding claim 4, Noordzij discloses the angular movement of the pair of AR/VR goggles is between 0 and 45 degrees (fig 7, para 0039).
Regarding claim 5, Noordzij discloses the side mounting ridges further comprising a plurality of slots (member 132a and 132b), the plurality of slots configured to receive and support the mounting bracket.
Regarding claim 8, Noordzij discloses a pair of mounting clips, the pair of mounting clips (members 20c on the left and right) coupled to the opposing ends of the bracket arm, wherein the side mounting ridges each comprise a plurality of apertures (members 20d), and wherein the pair of mounting clips are positioned in respective apertures of the plurality of apertures to support the mounting bracket relative to the hard hat (fig 4, para 0033).
Regarding claim 15 (statement of intended use structure has been fully considered and element such as AV/VR goggles is being treated as such), Noordzij discloses a safety headwear system (figs 2-16) comprising:
a hard hat comprising: an outer shell comprising: an exterior surface; an interior surface defining a cavity configured to receive a head of an operator; a crown portion comprising a front side and a rear side, the crown portion configured to cover part of the head of the operator; a bottom portion defines a lower circumference along the exterior surface of the outer shell (member 16 or 116);
a front mounting ridge (member 152) on the front side of the outer shell; and side mounting ridges (member 120c) positioned on the exterior surface on opposing lateral sides of the bottom portion, wherein each of the side mounting ridges comprises a plurality of apertures;
a mounting bracket (member 110) that removably couples to the hard hat, the mounting bracket comprising: a first end; a second end opposing the first end, the first end and the second end each comprise a hinge (member 158); and
a first mounting clip (member 20c on the left) coupled to the first end; wherein the first mounting clip is positioned within one of the plurality of apertures (members 20d) of the side mounting ridges of the hard hat such that the mounting bracket is supported by the hard hat;
wherein the mounting bracket is configured to support AR/VR goggles, such that the AR/VR goggles are moveable relative to the hard hat between an active position and a storage position (figs 7-16, para 0047).
It is noted that the language "configured to support" is functional language and therefore, the AR/VR googles is only functionally recited. The headwear system of Springer, as discussed, has all the structures as claimed and is inherently capable of being used to support different types of eye wears (goggles) including AR/VR goggles. If a prior art structure is capable of performing the intended use as recited, then it meets the claim.
Regarding claim 16, Noordzij discloses the AR/VR goggles are in the active position, the AR/VR goggles are positioned in front of a lower front edge of the hard hat (figs 6, 9, and 14).
Regarding claim 17, Noordzij discloses when the AR/VR goggles are in the storage position, the AR/VR goggles are positioned above a lower front edge of the hard hat (figs 8 and 16).
Regarding claim 19, Noordzij discloses the mounting bracket further comprises a tilting mounting hinge positioned between the first end and the second end, the tilting mounting hinge comprising a front engagement portion removably couplable to AR/VR goggles, wherein the tilting mounting hinge allows for angular movement of the AR/VR goggles relative to the hard hat (figs 7-16, para 0042 to 0050).
Regarding claim 20, Noordzij discloses a second mounting clip (member 20c on the right) coupled to the second end; wherein the first mounting clip and the second mounting clip engage with the side mounting ridges of the hard hat and is positioned withing one of the plurality of apertures (members 20d) such that the mounting bracket is supported by the hard hat (member 30 on the sides).
Regarding claim 21, Noordzij discloses a tilting mounting hinge coupled to a front surface of the mounting bracket, wherein the tilting mounting hinge allows for angular movement of the AR/VR goggles between 0 and 45 degrees relative to the front surface of the mounting bracket (fig 7, para 0039).
Regarding claim 22, Noordzij discloses the first mounting clip comprises a tab (member 20b) configured to engage the outer shell, wherein the tab comprises a support surface that interfaces against a downward facing surface of the shell when the first mounting clip is positioned within one of the plurality of apertures.
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) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noordzij et al. (2017/0325534) as applied to claim 1 above, and further in view of Springer et al. (2009/0235437).
Regarding claim 6, Noordzij teaches all limitations of the claim except the mounting bracket further comprising: a guide positioned along a front surface of the bracket arm, the guide supporting a wire extending from the pair of AR/VR goggles; and a cover coupled to the front surface of the bracket arm; wherein the wire is positioned between the bracket arm and the cover.
Springer discloses the mounting bracket (figs 5-8) comprising: a guide (members 29 and 31) positioned along a front surface of the bracket arm, the guide supporting a wire (member 29) configured to extend from the pair of AR/VR goggles; and a cover (member 31) coupled to the front surface of the bracket arm; wherein the wire is positioned between the bracket arm and the cover.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the headwear of Noordzij by adding the guide to supporting wire, as taught by Springer, in order to safely adding electrical wire to provide power for the headwear.
Regarding claim 7, the modified headwear Noordzij-Springer discloses a stop (Noordzij, member 156) coupled to the front surface of the bracket arm, wherein the stop prevents movement of a portion of the wire relative to the mounting bracket.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noordzij et al. (2017/0325534) as applied to claim 1 above, and further in view of Woxing et al. (2015/0359288).
Regarding claims 9 and 18, Noordzij teaches all limitations except the hard hat comprises a brim extending outward from the lower circumference, and wherein the brim extends less than 7 mm from a front surface of the hard hat. Woxing teaches a hard hat having a brim which extends less than 7 mm from a front surface of the hard hat (fig 2, member d, para 0025).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the headwear of Noordzij by using the brim extending less then 7mm from the surface of the hat hard, as taught by Woxing, in order to make the hat hard less bulky but still give enough space to attach other object.
Thus, applicant does not provide any criticality or unexpected results as to why the brim must be less than 7mm, and therefore the court held that the particular placement of a structure was held to be an obvious matter of design choice. The prior art must provide a motivation or reason for the worker in the art, without the benefit of appellant's specification, to make the necessary changes in the reference device." Ex parte Chicago Rawhide Mfg. Co., 223 USPQ 351, 353 (Bd. Pat. App. & Inter. 1984).
Response to Arguments
Applicant's arguments, date 05-04-2026, with respect to the rejections of claims under 35 U.S.C §102 have been fully considered, but they are not persuasive because applicant argues that the prior art does not teach the amended limitations. However, this argument is not commensurate with the rejected claims, as the limitations have not been previously presented and they now have been address as analyzed above.
Conclusion
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/ Primary Examiner, Art Unit 3732
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