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 .
Examiner Notes
At least Claim 1 Lines 15-17 fails to provide proper amendment annotations; as a courtesy, Claims will be examined on its merits; future failure may warrant a notice of non-compliance; furthermore, any amendments submitted herein that were not properly annotated and which may be missed during examiner prosecution in this or future examinations will not warrant a second non-final/final office action
Response to Amendment
The amendment filed 12/18/25 has been entered. Claims 1-3, 5-12 remain pending in the application. Applicant’s amendments to the (Specification, Drawings, and Claims) have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 8/19/25.
Claim Objections
Claim(s) 1 is/are objected to because of the following informalities:
Claim 1 Line 1 after “A” add –helmet—
Claim 1 Lines 12-17 is recommended to be re-ordered such that limitations referring to the first position are grouped together, such as:
“wherein when the chin guard is an open position, a shutter portion having a first position covers the second fastening portion, and wherein when the shutter portion covers the second fastening portion, an outer surface of the shutter portion is disposed corresponding to said one side of the outer surface of the helmet body,
and wherein when the first fastening portion is inserted into the second fastening portion, the shutter portion transitions to a second position that opens the second fastening portion.”
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
Appropriate correction is required.
Claim Interpretation: U.S.C. 112(f)
See pages 4-5 of office action 8/19/25 wherein:
The term “locking means” in Claim 1 Line 6 is not interpreted under 112(f)
The term “decoupling means” in Claim 12 Line 3 is interpreted under 112(f)
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cianfanelli et al (USPN 4769857), herein Cianfanelli.
Regarding Claim 1, Cianfanelli teaches a helmet (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Figs. 2-6; Col. 2 Lines 9-10 "helmet 1 comprises a shell 2…chin piece 10") comprising:
a helmet body (2);
a chin guard (10) rotatably coupled to the helmet body (Col. 2 "various types of means can be used to secure the chin rest in closed position"; Col. 2 Lines 9-10 "helmet 1 comprises a shell 2…chin piece 10"; for rotatably coupled-- Col. 2 Lines 14-17 "chin piece….engaging with the helmet by means of pivots 14"); and
a locking means for the chin guard (see Figs. 2-6; Col. 2 "various types of means can be used to secure the chin rest in closed position"; Col. 2 Lines 9-10 "helmet 1 comprises a shell 2…chin piece 10"; for rotatably coupled-- Col. 2 Lines 14-17 "chin piece….engaging with the helmet by means of pivots 14"; Cianfanelli teaches locking means which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a chin guard equipped in a helmet including a helmet body, wherein the chin guard is rotatably coupled to the helmet body in light of the recitations, wherein a helmet indicates a helmet body), comprising:
a first fastening portion formed in one of the chin guard or the helmet body (Col. 2 Lines 64-65 "push button 50"; see Fig. 3, wherein 50 is on chin guard);
a second fastening portion formed in an other of the chin guard or the helmet body (Col. 2 Line 48 "fin 34"; see Fig. 3, wherein 34 is on the other, shell 2),
wherein the first fastening portion (50) is configured to be inserted into the second fastening portion (34) (see Figs. 5, 6; Col. 2 Lines 60-63 "when entering the bush and forcing the elasticity of lamina 44, ends 38 of tongues 36 are blocked by snap action by the edge of the lamina itself, to maintain the chin piece in closed position"; Col. 3 Lines 1-6 "when push buttons 50 are pressed toward the helmet, lamina 44 frees the folded end 38 of fin 34 to permit translatory movement of the chin piece…to permit successive lifting of the chin piece with a movement opposite to that shown in Fig. 2"; Cianfanelli teaches the first/second fastening portions which meets the structural limitations in the claims and performs the functions as recited such as being capable of a configuration in which the first fastening portion is inserted into the second fastening portion, especially in light of the recitations, wherein pushing causes insertion of at least a section of the first fastening portion 50 into the curved opening of 34),
wherein the second fastening portion (34) is recessed from one side of an outer surface of the helmet body (see Fig. 4; recess formed due to bent fins, wherein the outer surface is the interior-facing outer surface, which is still outer as it is exposed and/or outer relative to other structures), and
a shutter portion (44) having a first position covering the second fastening portion when the chin guard is an open position (Col. 2 Line 57 "metallic lamina 44"; see annotated Fig. 6 below for clarification as to how 44 coves at least a portion of 34; wherein 44 also covers over a space formed by 34; wherein this arrangement also applies to Fig. 2; Cianfanelli teaches a shutter portion and second fastening portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of the shutter portion covers the second fastening portion, and therefore an open position, especially in light of the recitations and even Fig. 2),
PNG
media_image1.png
175
566
media_image1.png
Greyscale
wherein when the first fastening portion (50) is inserted into the second fastening portion (34), the shutter portion (44) transitions to a second position that opens the second fastening portion (Col. 3 Lines 1-6 "when push buttons 50 are pressed toward the helmet, lamina 44 frees the folded end 38 of fin 34 to permit translatory movement of the chin piece…to permit successive lifting of the chin piece with a movement opposite to that shown in Fig. 2"; Cianfanelli teaches the first/second fastening portions, and shutter portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of the shutter portion opening the second fastening portion when the first fastening portion is inserted into the second fastening portion, and therefore a second position, especially in light of the recitations, wherein pushing causes insertion of at least a portion, wherein at least a space formed by the second fastening portion is opened),
and wherein when the shutter portion (44) covers the second fastening portion (34), an outer surface of the shutter portion is disposed corresponding to said one side of the outer surface of the helmet body (see Fig. 6, wherein an outer surface of 44, such as at a point, is disposed corresponding/in contact with the one side/outer surface of helmet body; Cianfanelli teaches the shutter portion, second fastening portion, and outer surface of helmet body which meets the structural limitations in the claims and performs the functions as recited such as being capable of the configuration recited, especially in light of the recitations).
Regarding Claim 2, Cianfanelli further teaches the helmet according to claim 1, wherein when the first fastening portion is inserted into the second fastening portion, the shutter portion is pressed by the first fastening portion (see rejection of Claim 1 for such a configuration),
and moved in an inward direction of the second fastening portion (34) (see Fig. 6, wherein inward direction is towards inner face of second fastening portion).
Regarding Claim 3, Cianfanelli further teaches the helmet according to claim 2, wherein an elastic force is provided to bias the shutter portion in a direction in which the shutter portion covers the second fastening portion (Col. 2 Lines 60-61 "elasticity of lamina 44"; wherein shutter portion covers utilizing the biased/natural elasticity of 44, and such bias has a direction that results in at least partially covering the second fastening portion 34).
Regarding Claim 5, Cianfanelli further teaches the helmet according to claim 1, wherein the first fastening portion (50) includes:
a pressing portion to press the shutter portion to move the shutter portion in an inward direction of the second fastening portion (wherein the pressing portion is the face of 50 in Fig.5, and projections 53, and moves shutter portion in an inward direction/towards interior of the second fastening portion/fin 34; see Fig. 5; Cianfanelli teaches the pressing portion, shutter portion, and second fastening portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of the configuration recited, especially in light of the recitations); and
a first coupling portion (52) that is fastened to the second fastening portion (push rod 52, wherein it fastens between 36 via 40; see Fig. 6; Col. 2 Lines 66-68 "push rod 52 that passes in a corresponding hole 54 in wall 43 of bush 40 and through the aperture between tongues 36"; Cianfanelli teaches the first coupling portion, second fastening portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of the configuration, especially in light of the recitations).
Regarding Claim 6, Cianfanelli further teaches the helmet according to claim 5, wherein the pressing portion includes a second coupling portion (53) that is fastened to the second fastening portion (Col. 3 Lines 6-8 "each push button 50 is secured to the wall 43 of the bush 40 with two lateral projections 53"; wherein it was already established that 50, and therefore 53, fastens to second fastening portion/fin 34; Cianfanelli teaches the second coupling portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of the configuration recited, especially in light of the recitations).
Regarding Claim 7, Cianfanelli further teaches the helmet according to claim 6, wherein when one side and the other side of the second fastening portion face each other, the first coupling portion is fastened to one side of the second fastening portion, and the second coupling portion is fastened to the other side of the second fastening portion (Col. 2 Lines 14-17 "chin piece….provided with two side members 12 engaging with the helmet by means of pivots 14" indicating symmetrical sides; Col. 3 Line 1 "push buttons 50" further indicating Figs. 2-6 apply to both sides).
Regarding Claim 8, Cianfanelli further teaches the helmet according to claim 5, wherein as the chin guard rotates, the pressing portion presses the shutter portion to move the shutter portion in the inward direction of the second fastening portion (Cianfanelli teaches the pressing portion, shutter portion, second fastening portion, and rotating chin guard which meets the structural limitations in the claims and performs the functions as recited such as being capable of the recitations, especially in light of Figs. 2, 3, wherein force on pressing portion would press shutter to move the shutter as recited),
and then the first coupling portion is fastened to the second fastening portion (see Fig. 2; Col. 3 Lines 1-6 "when push buttons 50 are pressed toward the helmet, lamina 44 frees the folded end 38 of fin 34 to permit translatory movement of the chin piece…to permit successive lifting of the chin piece with a movement opposite to that shown in Fig. 2", wherein Fig. 2 shows coupled when lifted).
Regarding Claim 9, Cianfanelli further teaches the helmet according to claim 1, wherein the first fastening portion (50) includes a first coupling portion (52) that is fastened to the second fastening portion (34) (push rod 52, wherein it fastens between 36 via 40; see Fig. 6; Col. 2 Lines 66-68 "push rod 52 that passes in a corresponding hole 54 in wall 43 of bush 40 and through the aperture between tongues 36"; Cianfanelli teaches the first coupling portion, second fastening portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of the configuration, especially in light of the recitations), and
wherein the first coupling portion is rotatably disposed in any one of the chin guard and the helmet body (push rod 52 is on the first fastening portion 50 which is rotatably disposed on chin guard as shown in Figs. 2, 3).
Regarding Claim 10, Cianfanelli further teaches the helmet according to claim 9, wherein before the first coupling portion is inserted into the second fastening portion, the first coupling portion (52) contacts the outer surface of the helmet body and rotates in one direction (Cianfanelli teaches the first coupling portion, second fastening portion, rotatable first coupling portion, and helmet body outer surface which meets the structural limitations in the claims and performs the functions as recited such as being capable of the recited configuration in space, especially in light of elements 16, 17 with pivot 14; pivot 14 could be in 16, 17 before 50 is attached in; Col. 2 Lines 27-34 "chin piece, retained with its pivots 14 in shaped slot 16 can perform a swinging movement around the pivots themselves, and successively a forward motion as shown by arrow F in Fig. 2 and vice-versa. In the lowered position, the forward motion of the chin piece is guided by...pivots 14 engaging in rectilinear tract 17 of slot 16"),
and as the first coupling portion is inserted into the second fastening portion, the first coupling portion rotates in other direction (as aforementioned, the recitation is functional and the configuration is possible in space, especially as slot 16 has two different directions).
Regarding Claim 11, Cianfanelli further teaches the helmet according to claim 10, wherein an elastic force is provided to the first coupling portion in the other direction (elastic force on push rod 52 inasmuch as 52 pushes against elastically biased lamina 44).
Regarding Claim 12, Cianfanelli further teaches the helmet according to claim 11, a decoupling means (16) to pull the first coupling portion (52) to rotate the first coupling portion in said one direction (see 112(f) claim interpretation, wherein 16 is an equivalent structure that performs the function of decoupling means; 16 guides chin piece, wherein chin piece has first coupling 52, and therefore decoupling means pulls/guides to rotate in the one direction).
Response to Arguments
Applicant’s arguments with respect to claims 1-3, 5-12 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations. Nevertheless, for clarification—
Pertaining to remarks on page 1 that the term “decoupling means” in Claim 12 should not be interpreted under 112(f)—examiner respectfully disagrees. Attention is directed to pages 4-5 of the previous office action 8/19/25 for explanations. No remarks have been provided to explain applicant’s stance.
Pertaining to remarks on page 9 that Cianfanelli does not teach the first/second fastening portions and a shutter portion because the cited elements are not equivalent to the structure recited in claim 1—examiner respectfully disagrees. None of these terms are interpreted under 112(f), and therefore the standard of “equivalence” does not apply. As such, under broadest reasonable interpretation, the cited elements meet the claimed terms, especially as all the structure claimed has been met by the terms. In other words, without amendments further defining the structure of the terms, the structures of Cianfanelli under broadest reasonable interpretation meet the claimed terms.
Pertaining to remarks on page 10 that Cianfanelli does not teach the recitations because “since the lamina (44) is separate from the fin (34) when the chin piece (10) is open, there is no way for the lamina (44) to cover the fin (34)”, where the lamina 44 is part of the chin piece and fin 34/second fastening portion is part of the shell—examiner respectfully disagrees. First, the remarks are understood to be directed to “shutter portion having a first position covering the second fastening portion when the chin guard is in an open position. As such, attention is directed to Fig. 2 and its associated recitations, wherein Fig. 2 clearly shows that when the chin piece is open, the lamina 44/shutter portion is not separate from fin 34/second fastening portion. Furthermore, based on the current claims, inasmuch as Cianfanelli teaches a shutter portion 44 capable of covering the second fastening portion (which Cianfanelli does), then Cianfanelli discloses an open position.
Pertaining to remarks on page 11 that Cianfanelli does not teach the recessed element, previously of Claim 4, now in amended Claim 1—examiner respectfully disagrees. Remarks merely seem to indicate what Cianfanelli teaches but not why the recitation is not met. No remarks have been directed to examiner’s actual interpretation and explanation of the recess, previously page 11 in the office action 8/19/25. Remarks are not persuasive.
Pertaining to remarks on page 11 that Cianfanelli does not teach the specification where the “outer surface of the helmet body continuously extends on a plane without a step” and therefore does not teach the recitation of “outer surface of the shutter portion is disposed corresponding to the one side of the outer surface of the helmet body”—examiner respectfully disagrees. Though the term “continuously extends on a plane without a step” is found on page 14 Lines 11-12 of the applicant specification, the recitation has not been claimed. Examiner notes that the claims can be read in light of the specification to help disclose what is included within broadest reasonable interpretation of the claims, but that limitations of the specification cannot be read into the claims. See In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969), MPEP 2111. Under current broadest reasonable interpretation, the recitation is met. Furthermore, should applicant decide to amend the language into the claims, further clarification, such as via annotated illustrations, is requested to explain what “on a plane without a step” is meant to convey-- a continuously smooth/flat plane? Even if so, Cianfanelli still teaches 34 being such a plane on its face, see element denotated 36 in Fig. 5.
Relatedly, pertaining to remarks on page 11 that Cianfanelli does not teach the “a shutter portion having a first position covering the second fastening portion when the chin guard is in an open position…wherein when the shutter portion covers the second fastening portion, an outer surface of the shutter portion is disposed corresponding to said one side of the outer surface of the helmet body” recitation because when the chin piece is open, the lamina 44/shutter portion is separate from the fin 34/second fastening portion which 1) disables the lamina 44 to cover the fin 34, and 2) disables the corresponding recitation-- examiner respectfully disagrees for reasons similarly aforementioned. See Fig. 2 which shows that when the chin piece is open, the lamina is not separate; see Fig. 2 which also shows that when the chin piece is open, lamina 44 still covers fin 34. As such, the recitations are still met. Examiner also notes that the “corresponding” recitation was previously of Claim 4, now Claim 1.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached on 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GRACE HUANG/Primary Examiner, Art Unit 3732