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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/26/2025 is acknowledged. The submission is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-2, 7 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casale (US 5983405).
Regarding claim 1, Casale teaches a helmet and adjustable chins trap assembly (fig. 1), comprising:
a helmet shell (fig. 1, shell 5) configured to at least partially cover a wearer’s head, wherein the helmet shell includes:
an outer component (fig. 1, outer surface of shell 5) and an inner component (fig. 1, inner surface of shell 5);
a front and a back (fig. 1); and
a left side region and a right side region (fig. 1); and
an adjustable chin strap retention system (fig. 3) including:
a chin strap or chin strap cable having two opposing ends (annotated fig. 3 below), a first end configured to attach to the left side region of the helmet shell and a second end configured to attach to the right side region of the helmet shell (fig. 1),
each opposing end including a first section (fig. 1, section 17) configured to attach to the helmet shell forward of a wearer’s ear and a second section (fig. 1, section 13) configured to attach to the helmet shell behind the wearer’s ear, the first and second sections converging to form a Y-shaped configuration (fig. 1),
the first end including a first chin strap retention structure or material (fig. 1, material of the section 17 or section 13 has a certain degree of stiffness) extending below a lower rim of the left side region and associated with at least one of the first or second sections of the first end of the chin strap or chin strap cable (fig. 1),
the second end including a second chin strap retention structure or material (fig. 3, material of the section 17 or section 13 on the other side has a certain degree of stiffness) extending below a lower rim of the right side region and associated with at least one of the first or second sections of the second end of the chin strap or chin strap cable (fig. 1),
the first chin strap retention structure or material and the second chin strap retention structure or material having a level of stiffness (figs. 1 and 3, material of the section 17 or section 13 has a certain degree of stiffness) to maintain the chin strap or chin strap cable in a desired position relative to the helmet shell and the wearer’s chin during use (fig. 1); and
an actuator (fig. 1, lever 9 and button 19) configured to attach to the left or right side region of the helmet shell (fig. 1, if a center axis of the helmet shell passes through a center axis of the lever 9, a portion of the lever 9 is attached to one of the left or right side region of the helmet shell) and be operably connected to the chin strap or chin strap cable, wherein the actuator comprises a manually rotatable wheel, a slider, a detent, or a rachet system (fig. 3, column 2, lines 22-26, the lever 9 is a capstan which is rotatable),
wherein the actuator is configured to facilitate manual actuation of the actuator by the wearer to selectively increase or decrease a length of the chin strap or chin strap cable relative to the left and right side regions of the helmet shell (column 2, lines 33-36, in order to tension the chin-strap and secure the helmet to the user’s head, the user rotates the lever 9 that in turn stretches the elastic means 11) in order to selectively loosen or tighten the chin strap or chin strap cable, respectively,
wherein at least a portion of the actuator is configured to be positioned outside of the helmet shell (fig. 1) to facilitate manual actuation of the actuator by the wearer in order to selectively loosen or tighten the chin strap or chin strap cable to a desired level of tightness (column 2, lines 33-36).
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Regarding claim 2, Casale teaches the chin strap or chin strap cable comprises a chin strap cable (fig. 3, element 11), and wherein the chin strap cable comprises either a single-stranded cable or a dual-stranded cable (fig. 3, element 11 is a single strand).
Regarding claim 7, Casale teaches each opposing end of the chin strap or chin strap cable includes first and second Y-shaped helmet attachment structures (fig. 1, sections 13, 17 are attached at one end to the helmet shell), each configured to attach to a respective left or right side region of the helmet shell and each comprising the first section configured to attach to the helmet shell forward of a wearer’s ear and the second section configured to attach to the helmet shell behind the wearer’s ear (figs. 1-3).
Regarding claim 17, Casale teaches the chin strap or chin strap cable comprises webbing and padding on at least a portion of the chin strap or chin strap cable (annotated fig. 3 below).
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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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Casale (US 5983405), as applied to claim 1 above, and further in view of Hickman (US 2016/0270470).
Regarding claim 4, Casale teaches the actuator is configured so that manual movement by the wearer of the actuator in a first direction selectively tightens the chins trap or chin strap cable (column 2, lines 33-36).
Casale does not teach manual movement by the wearer of the actuator in an opposite direction selectively loosens the chin strap or chin strap cable.
However, in the same field of endeavor, Hickman teaches the actuator comprises the manually rotatable wheel (fig. 1, adjustment knob 22 comprising an outer shell 242) that is operably connected to the chin strap so that manual movement by the wearer of the actuator in a first direction selectively tightens the chins trap and manual movement by the wearer of the actuator in an opposite direction selectively loosens the chin strap (abstract).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the actuator of Casale with the actuator of Hickman for the benefit of providing a safe and easy way for a user to independently tighten or loosen the chin strap on the helmet (Hickman, abstract).
Regarding claim 5, the modified structure Casale-Hickman teaches the actuator is attached to the helmet shell at a first side region of the helmet shell and operably attached to one of the two opposing ends of the chin strap or chin strap cable, and another one of the two opposing ends of the chin strap or chin strap cable is attached to an opposite side region of the helmet shell (Casale, figs. 1-3).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Casale (US 5983405), as applied to claim 1 above, and further in view of Weber (US 2019/0297985).
Regarding claim 8, Casale does not clearly teach the Y-shaped helmet attachment structures comprise fabric or molded plastic.
However, in the same field of endeavor, Weber teaches the chin strap is a fabric strap (para. [0097]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the material of the chin strap of Casale to be fabric as taught by Weber for the benefit of improving user comfort and helmet impact absorption properties by allowing for a more secure fit (Weber, para. [0050]).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over as Casale (US 5983405), applied to claim 1 above, and further in view of Huschmand (DE102011012972).
Regarding claim 9, Casale does not clearly teach the chin strap or chin strap cable comprises a single continuous strap or cable with no buckle configured to be positioned adjacent to a wearer’s chin.
However, in the same field of endeavor, Huschmand teaches the chin strap or chin strap cable comprises a single continuous strap or cable with no buckle configured to be positioned adjacent to a wearer’s chin (fig. 7, para. [0019], chins trap 2 is a continuous strap; para. [0009], to remove the helmet, press the button again and pull the strap down).
It would have bene obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Casale with the teaching that the chin strap or chin strap cable comprises a single continuous strap or cable with no buckle configured to be positioned adjacent to a wearer’s chin as taught by Huschmand for the benefit of facilitating in manufacturing the chin strap and so that the helmet can be fastened, unlocked and removed with the least possible effort and with one hand (Huschmand, para. [0008]).
Regarding claim 10, the modified structure Casale-Huschmand teaches the helmet shell includes a channel, groove, or space configured to house or receive a moveable end portion of the chin strap or chin strap cable when the chin strap or chin strap cable is selectively shortened or lengthened by manual actuation of the actuator by the wearer (Casale, fig. 1, column 2, lines 41-43, the free end of the strap is received at the lever 9 which is housed in a seat 23 formed on the shell).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Casale (US 5983405), as applied to claim 1 above, and further in view of Musal (US 2010/0170068).
Regarding claim 11, Casale does not teach a pinion gear connected to or forming part of the chin strap or chin strap cable at or near one of the two opposing ends and being positioned in or adjacent to the left side region or the right side region of the helmet shell, wherein the actuator includes a wheel configured to engage the pinion gear such that selectively rotating the actuator in a first direction tightens the chin strap or chin strap cable and rotating the actuator in an opposite direction loosens the chins trap or chin strap cable.
However, in the same field of endeavor, Musal teaches a pinion gear (fig. 4, gear 154a) connected to or forming part of the strap or strap cable at or near one of the two opposing ends and being positioned in or adjacent to the left side region or the right side region of the helmet shell (fig. 4), wherein the actuator (fig. 4, actuator 132) includes a wheel configured to engage the pinion gear (fig. 4, para. [0038], teeth 138 of actuator 132 engage racks 154a and 154b) such that selectively rotating the actuator in a first direction tightens the strap or strap cable and rotating the actuator in an opposite direction loosens the strap or strap cable (para. [0015]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the actuator of Casale with the adjustment mechanism of Musal for the benefit allowing for tightening and/or loosening the fit with only one hand, and providing ability to incrementally reduce the tension when loosening the dial by providing retention of the dial at the stopping point (Musal, para. [0005]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Casale (US 5983405), as applied to claim 1 above, and further in view of Basson (US 5915538).
Regarding claim 15, Casale does not teach the actuator is removably attachable to the helmet shell and configured such that manual removal of the actuator by the wearer detaches an end of the chin strap or chin strap cable that is operably connected to the actuator from the helmet shell to facilitate installation and removal of the helmet shell to and from the wearer’s head.
However, in the same field of endeavor, Basson teaches the actuator (fig. 1, buckle 17) is removably attachable to the helmet shell and configured such that manual removal of the actuator by the wearer detaches an end of the chin strap or chin strap cable that is operably connected to the actuator from the helmet shell to facilitate installation and removal of the helmet shell to and from the wearer’s head (fig. 16).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the actuator of Casale releasably attached to the helmet shell as suggested by Basson for the benefit of removing and replacing the chin strap assembly together with the actuator when in need.
Regarding claim 16, Casale does not teach a first end of the chin strap or chin strap cable opposite to a second end of the chin strap or chin strap cable operably attached to the actuator is removably attachable to the helmet shell such that manually detaching the first end of the chin strap or chin strap cable from the helmet shell by the wearer facilitates installation and removal of the helmet shell to and from the wearer’s head.
However, Basson teaches a first end of the chin strap or chin strap cable opposite to a second end of the chin strap or chin strap cable operably attached to the actuator is removably attachable to the helmet shell (fig. 17) such that manually detaching the first end of the chin strap or chin strap cable from the helmet shell by the wearer facilitates installation and removal of the helmet shell to and from the wearer’s head (fig. 17).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Casale with the teaching that a first end of the chin strap or chin strap cable opposite to a second end of the chin strap or chin strap cable operably attached to the actuator is removably attachable to the helmet shell as taught by Basson for the benefit of enabling a particular simple and rapid positioning and disconnection of the chin strap for the user, while ensuring a reliable and certain retention of the chin strap (Basson, column 1, lines 25-29).
Claims 18 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Casale (US 5983405) in view of Basson (US 5915538).
Regarding claim 18, Casale teaches a helmet and adjustable chin strap assembly (fig. 1), comprising:
a helmet shell (fig. 1, shell 5) configured to at least partially cover a wearer’s head, wherein the helmet shell includes:
an outer component (fig. 1, outer surface of shell 5) and an inner component (fig. 1, inner surface of shell 5);
a front and a back (fig. 1); and
a first side and a second side opposite the first side (fig. 1);
an adjustable chin strap retention system (fig. 3) including:
a chin strap or chin strap cable having first and second opposing ends (annotated fig. 3 above), each attachable to the helmet shell at respective first and second sides of the helmet shell (fig. 1);
a single actuator (fig. 1, lever 9 and button 19) connected at or near the first side of the helmet shell and being operably connected to the first opposing end of the chin strap or chin strap cable (fig. 3), wherein the actuator comprises a manually rotatable wheel, a slider, a detent, a ratchet system, or a buckle (fig. 3, column 2, lines 22-26, the lever 9 is a capstan which is rotatable) that can be selectively opened and closed to selectively engage a region of the first opposing end of the chin strap or chin strap cable (column 2, lines 33-36); and
wherein manually actuating the actuator by the wearer selectively increases or decreases a length of the chin strap or chin strap cable relative to the first and second sides of the helmet shell in order to selectively loosen or tighten the chin strap or chin strap cable (column 2, lines 33-36), respectively,
wherein at least a portion of the actuator is positioned outside the helmet shell (fig. 1) to facilitate manual actuation of the actuator by the wearer in order to selectively loosen or tighten the chin strap or chin strap cable to a desired level of tightness (column 2, lines 33-36).
Casale does not teach a single release mechanism positioned at or near the second side of the helmet shell opposite the single actuator and configured to releasably connect the second opposing end of the chin strap or chin strap cable to the second side of the helmet shell.
However, Basson teaches a single release mechanism (fig. 1, element 18) positioned at or near the second side of the helmet shell opposite the single actuator (fig. 17, buckle 17 on the other side) and configured to releasably connect the second opposing end of the chin strap or chin strap cable to the second side of the helmet shell (figs. 16-17).
It would have obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Casale with a single release mechanism as taught by Basson for the benefit of enabling a particular simple and rapid positioning and disconnection of the chin strap for the user, while ensuring a reliable and certain retention of the chin strap (Basson, column 1, lines 25-29).
Regarding claim 25, the modified structure Casale-Basson teaches each opposing end of the chin strap or chins trap cable including a first section configured to attach to the helmet shell forward a wearer’s ear and a second section configured to attach to the helmet shell behind the wearer’s ear, the first and second sections converging to form a Y-shaped configuration (Casale, figs. 1-3), each opposing end further including a structure or material (annotate Casale fig. 3 below) having a level of stiffness (the annotated structure has a certain degree of stiffness) to maintain the chin strap or chin strap cable in a desired position relative to the helmet shell (Casale, fig. 3, the cable 11 runs through the annotated structure to connect to the lever 9 in the helmet shell).
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Regarding claim 26, the modified structure Casale-Basson teaches each opposing end of the chin strap or chin strap cable includes first and second Y-shaped helmet attachment structures (Casale, figs. 1-3, straps 13, 17 are attached to the helmet shell), each configured to attach to a respective first and second sides of the helmet shell and each comprising the first section configured to attach to the helmet shell forward of a wearer’s ear and the second section configured to attach to the helmet shell behind the wearer’s ear (Casale, figs. 1-3).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Casale (US 5983405) and Basson (US 5915538), as applied to claim 18 above, and further in view of Hickman (US 2016/0270470).
Regarding claim 19, the modified structure Casale-Basson teaches the actuator comprises the manually rotatable wheel operably connected to the first opposing end of the chins trap or chin strap cable so that manual movement by the wearer of the actuator in a first direction selectively tightens the chins trap or chin strap cable (Casale, column 2, lines 33-36).
The modified structure Casale-Basson does not teach manual rotation of the wheel by the wearer in an opposite direction selectively loosens the chin strap or chin strap cable.
However, Hickman teaches the actuator comprises the manually rotatable wheel (fig. 1, adjustment knob 22 comprising an outer shell 242) that is operably connected to the chin strap so that manual movement by the wearer of the actuator in a first direction selectively tightens the chins trap and manual movement by the wearer of the actuator in an opposite direction selectively loosens the chin strap (abstract).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the actuator of the modified structure Casale-Basson with the actuator of Hickman for the benefit of providing a safe and easy way for a user to independently tighten or loosen the chin strap on the helmet (Hickman, abstract).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Hickman (US 2016/0270470) in view of Cotterman (US 2013/0239303).
Regarding claim 23, Hickman teaches a helmet (fig. 1, helmet 10) and adjustable chin strap assembly, comprising:
a helmet shell (fig. 1 cover 12 and padding 14) configured to at least partially cover a wearer’s head, wherein the helmet shell includes:
an outer component (fig. 1, cover 12) and an inner component (fig. 1 padding 14);
a front and a back (fig. 1); and
a left side region and a right side region (fig. 2); and
an adjustable chin strap retention system including:
a chin strap or chin strap cable (fig. 1, strap 16) having two opposing ends, a first end configured to attach to the left side region and a second end configured to attach to the right side region (fig. 2);
a pinion gear (fig. 5C, inner teeth 230) connected to or that forms part of the chin strap or chin strap cable at or near one opposing end of the chin strap or chin strap cable (the end of the strap is connected to the inner shell which comprises inner teeth 230), with another opposing end being fixed to the helmet shell (fig. 2); and
a manually rotatable actuator wheel (fig. 5D, knob 22) operably connected to the one opposing end of the chins trap or chin strap cable but not the other opposing end (figs. 1-2), wherein at least a portion of the actuator wheel is positioned outside of the helmet shell so as to be manually rotatable by the wearer (figs. 1-2),
wherein the actuator wheel is configured to engage the pinion gear (fig. 5D, the knob 22 has an outer shell 242 having outer teeth 246, which engage the inner teeth 230) so that manual rotation of the actuator wheel by the wearer in a first direction selectively tightens the chin strap or chin strap cable and manual rotation of the actuator wheel by the wearer in an opposite direction selectively loosens the chin strap or chin strap cable (abstract).
Hickman does not teach the manually rotatable actuator wheel connected at or near the left or right side region of the helmet shell.
However, Hickman teaches other locations for the adjustment knob are also possible. For example, one or more adjustment knobs 22 may be placed on the front, top, or back of helmet 10. Other configurations are also possible (para. [0025]).
Further, in the same field of endeavor, Cotterman teaches the actuator (fig. 33, element 400) is attached to one of the left or right side region of the helmet shell.
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine Hickman with the teaching that the manually rotatable actuator wheel connected at or near the left or right side region of the helmet shell as taught by Cotterman for the benefit of providing comfort the user in wearing the chin strap as there is less pressure in the chin strap area when the actuator is positioned in the helmet shell.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hickman (US 2016/0270470) and Cotterman (US 2013/0239303), as applied to claim 23 above, and further in view of Egolf (US 6256798).
Regarding claim 24, the modified structure Hickman-Cotterman teaches the chin strap or chin strap cable comprises a chin strap cable (Hickman, fig. 1).
The modified structure Hickman-Cotterman does not teach the chin strap cable comprises a dual-stranded cable, and wherein the helmet further comprises a length equalizing wheel disposed on or in a side of the helmet shell opposite the actuator wheel.
However, in the same field of endeavor, Egolf teaches the strap cable comprises a dual-stranded cable (fig. 15, cable 8), and wherein the helmet further comprises a length equalizing wheel (fig. 15, roller 94) disposed on one side of the helmet shell opposite the actuator wheel (fig. 15).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Hickman-Cotterman with a length equalizing wheel arrangement on one side of the helmet shell opposite the actuator wheel as suggested by Egolf for the benefit of providing comfort in adjusting the length of the strap so that the length of the strap can be adjusted quickly and easily (Egolf, column 1, lines 30-35, 52-54).
Response to Arguments
Applicant’s arguments, dated 07/11/2025, with respect to the drawing objections have been fully considered and are persuasive. The objection has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 07/11/2025, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Thus, the amended limitations have been addressed as analyzed above.
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 UYEN THI THAO NGUYEN whose telephone number is (571)272-8370. The examiner can normally be reached Monday-Friday 7:30 AM-4:30 PM EST.
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/UYEN T NGUYEN/ Examiner, Art Unit 3732