DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/16/2024 is in compliance with the provisions 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 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 20, 21, 23 and 31 are rejected under pre-AIA 35 U.S.C. 102 (a)(1) as being anticipated by GENOVESE (WO 2017051080 A1, see attached translation).
In regards to claim 20, GENOVESE discloses a helmet (a protective helmet 1; Figs. 1-4), comprising: a dome portion (rigid outer shell 10) configured to fit on a human head, wherein the dome portion (10) has a visor (a screen or visor 16) and an opening (a chin strap 14) provided subjacent to the visor (16); a cooling unit (a cooling system 6) fitted into the opening (14) of the dome portion (10), wherein the cooling unit (6) is configured to pull ambient air and provide cool air within an inner space (an internal lining 11) of the dome portion (10); and an electronic module (a power cable; par. 62 and battery cells 4) in communication with the cooling unit (6), wherein the electronic module is configured to operate the cooling unit (6) for attaining a desired temperature and airflow within the dome portion (10).
In regards to claim 21, GENOVESE meets the claim limitations as set forth above in the rejection of claim 20. Further, GENOVESE teaches wherein the electronic module comprises: a cell holder (battery holder) configured to receive one or more battery cells (a rechargeable electric battery 4), wherein the one or more battery cells (4) supply power to the cooling unit (6); a charging unit (a power cable; par. 62) configured to charge the one or more battery cells (4) in the cell holder; and a controller (a thermo-regulation system 2) configured to control operation of the cooling unit (6) thereby attaining a desired temperature and airflow within the dome portion of the helmet (1).
In regards to claim 23, GENOVESE meets the claim limitations as set forth above in the rejection of claim 20. Further, GENOVESE teaches wherein the electronic module is disposed subjacent (below) to the visor (16; as can be seen in Fig. 1) and disposed at least one of a right side and a left side of the cooling unit (6).
In regards to claim 31, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 20. Further, GENOVESE teaches wherein the inner space (11) of the dome portion comprises a polystyrene foam member (refer to par. 48) configured to provide protection to the human head on impact (Fig. 4).
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 for the rejection will not be considered a new ground of r ejection 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 depends on may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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 22 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over GENOVESE (WO 2017051080 A1, see attach translation) in view of Al Kuwari (US 20180160761).
In regards to claim 22, GENOVESE meets the claim limitations as set forth above in the rejection of claim 20, but fails to explicitly teach wherein the electronic module is disposed at a rear portion, substantially opposite to the opening of the dome portion.
Al Kuwari teaches wherein the electronic module (electrical power sources such as non-rechargeable or rechargeable power cells, batteries; or mains electricity; par. 77) is disposed at a rear portion (mounted at the rear; par. 93), substantially opposite to the opening of the dome portion (Fig. 2).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the helmet of GENOVESE such that the electronic module is disposed at a rear portion, substantially opposite to the opening of the dome portion as taught by Al Kuwari to balance of benefits of reducing weight of the hat by placing the power pack on the body of the wearer (par. 81 of Al Kuwari).
Claims 24-29 and 32 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over GENOVESE (WO 2017051080 A1, see attach translation) in view of Krishnan et al. (US 20220047034 A1).
In regards to claim 24, GENOVESE meets the claim limitations as set forth above in the rejection of claim 21. Further, GENOVESE teaches wherein a vent (ventilation aperture 13) defined in the front wall (Fig. 2), but fails to explicitly teach the cooling unit comprises: a housing having a front wall; a top member; a bottom member; a cut-out portion defined in the bottom member; a pair of side walls extending between the top member and the bottom member; and an outlet member extending between the pair of side walls. Krishnan teaches wherein the cooling unit (cooling element 203; Figs. 2 and 3) comprises: a housing (front-housing 301, cartridge housing 307a and cartridge cover 307b) having a front wall (front-housing 301); a top member (upper portion of housing 307a); a bottom member (cartridge housing 307a); a cut-out portion (u-shaped cut-out portion on cartridge housing 307a) defined in the bottom member (307a); a pair of side walls (left and right side walls of cartridge housing 307a) extending between the top member and the bottom member (Fig. 3); and an outlet member (vent 310) extending between the pair of side walls (see in Fig. 3).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the helmet of GENOVESE such that the cooling unit comprises: a housing having a front wall; a top member; a bottom member; a cut-out portion defined in the bottom member; a pair of side walls extending between the top member and the bottom member; and an outlet member extending between the pair of side walls as taught by Krishnan to ensures thermal comfort for the rider even when the ambient temperature is higher than the body temperature (par, 21 of Krishnan).
In regards to claim 25, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 24. Further, Krishnan teaches wherein the cooling unit (203) comprises a holder (cartridge cover 307b) having a recessed portion (as can be seen in Fig. 3), the holder (307b) is configured to receive the bottom member (307a) of the housing (as can be seen in Fig. 3), and in an assembled state, the recessed portion coincides with the cut-out portion of the bottom member of the housing (as can be seen in Fig. 3).
In regards to claim 26, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 24. Further, GENOVESE teaches wherein the cooling unit (6) comprises a fan (61) disposed in the vent (13) defined in the front wall, and the fan (61) is configured to pull ambient air from atmosphere (refer to par. 59).
In regards to claim 27, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 26. Further, Krishnan teaches wherein the cooling unit (203) comprises: a filter (pleated filter 309) disposed adjacent (near) to the fan (305), wherein the filter (309) is configured to filter ambient air pulled from atmosphere prior to the fan (305); and an inlet cap (front portion of inside vent 310), configured to secure the filter (309).
In regards to claim 28, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 26. Further, GENOVESE teaches wherein the cooling unit comprises a thermoelectric module (Peltier module 3) disposed in the cut-out portion of the bottom member of the housing (housing 307a of Krishnan), and the thermoelectric module (3) is configured to be connected to the one or more battery cells (4) of the electronic module (2) and thereby, upon supply of power, generate a cool surface (a cold face 30) and a hot surface (a hot face 31).
In regards to claim 29, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 28. Further, GENOVESE wherein the cooling unit (6) comprises a heatsink (fins) disposed on top of the cool surface (a cold face 30) of the thermoelectric module (Peltier module 3), and the heatsink (fins) is configured to cool ambient air pulled in by the fan (61).
In regards to claim 32, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 26. Further, GENOVESE wherein the outlet member comprises at least one or more orifices (air outlet 18) configured to allow passage of cooled air within the inner space (11) of the dome portion (10).
Claim 30 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over GENOVESE (WO 2017051080 A1) in view of Krishnan et al. (US 20220047034 A1), further in view of Lee et al. (KR20210045849A, see attach translation).
In regards to claim 30, GENOVESE meets the claim limitations as set forth above in the rejection of claim 28, but fails to explicitly teach wherein the cooling unit comprises a phase changing material storage unit disposed subjacent to the hot surface of the thermoelectric module, and the phase changing material storage unit is configured to dissipate heat from the. Lee teaches wherein the cooling unit (220) comprises a phase changing material storage unit (dissipation module 223) disposed subjacent (near) to the hot surface (surface on dissipation module 223 side) of the thermoelectric module (222), and the phase changing material storage unit (223) is configured to dissipate heat from the thermoelectric module (refer to par. 39).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the method of GENOVESE such that the cooling unit comprises a phase changing material storage unit disposed subjacent to the hot surface of the thermoelectric module, and the phase changing material storage unit is configured to dissipate heat from the as taught by Lee to prevent the body temperature of the wearer from rising due to heat generated from the thermoelectric element (par. 19 of Lee).
Claims 33-34 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
over GENOVESE (WO 2017051080 A1, see attach translation) in view of Krishnan et al. (US 20220047034 A1), further in view of Lee et al. (KR20210045849A).
In regards to claim 33, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 29, but fails to explicitly teach wherein an angle formed between the heatsink and the fan is 70°.
Lee does however teach a flexible support part (320) that is coupled to the fixed support part (310) so that the coupling angle can be adjusted (par. 40). Therefore, angle formed between the heatsink and the fan is recognized as result-effective variables, i.e. a variable which achieves a recognized result. In this case, the recognized result is allowing the size of the liner (120) to be adjusted according to the wearer's head size, and at the same time, the degree of adhesion of the cooling unit (200) to the wearer can be adjusted by adjusting the flexible support member (320) according to the wearer's convenience (par. 40). Therefore, since the general conditions of the claim, i.e. angle formed between the heatsink and the fan is adjustable and design factors involved, were disclosed in the prior art by Lee, it is not inventive to discover the optimum workable range or value by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, to modify GENOVESE, by setting an angle formed between the heatsink and the fan to be 70°.
In regards to claim 34, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 29, but fails to explicitly teach wherein an angle formed between the heatsink and the outlet member ranges from 42° to 52°.
Lee does however teach a flexible support part (320) that is coupled to the fixed support part (310) so that the coupling angle can be adjusted (par. 40). Therefore, angle formed between the heatsink and the outlet member is recognized as result-effective variables, i.e. a variable which achieves a recognized result. In this case, the recognized result is allowing the size of the liner (120) to be adjusted according to the wearer's head size, and at the same time, the degree of adhesion of the cooling unit (200) to the wearer can be adjusted by adjusting the flexible support member (320) according to the wearer's convenience (par. 40). Therefore, since the general conditions of the claim, i.e. angle formed between the heatsink and the outlet member is adjustable and design factors involved, were disclosed in the prior art by Lee, it is not inventive to discover the optimum workable range or value by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, to modify GENOVESE, by setting an angle formed between the heatsink and the outlet member ranges from 42° to 52°.
Claims 35-38 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over GENOVESE (WO 2017051080 A1) in view of Lee et al. (KR20210045849A).
In regards to claim 35, GENOVESE discloses a method of assembling a helmet (a protective helmet 1; Figs. 1-4) including: a dome portion (rigid outer shell 10) having a visor (a screen or visor 16) and an opening (opening at chin strap 14; par. 25) formed subjacent to the visor (16); a cooling unit (a cooling system 6) fitted into the opening (par. 25), the cooling unit having a fan (61), an inlet cap (a ventilation opening 13), an outlet member (air outlet 18), a filter, a thermoelectric module (Peltier module 3); and an electronic module (a power cable; par. 62 and battery cells 4) in communication with the cooling unit (6), a charging unit (a power cable; par. 62) and a controller (a thermo-regulation system 2), the method comprising: assembling the cooling unit (6) on the dome portion (10) of the helmet (1), wherein the cooling unit (6) is configured to pull ambient air and cool a human head; assembling the electronic module (a power cable; par. 62 and battery cells 4) on the dome portion (10) of the helmet (1), wherein the electronic module is configured to operate the cooling unit (6) for attaining a desired temperature and airflow within an inner space of the dome portion; and connecting one or more wires (a power cable; par. 62) from one or more cells (battery cells 4) disposed in the electronic module to the fan (61) and the thermoelectric module (3) disposed in the cooling unit (6). GENOVESE fails to explicitly teach the cooling unit having a housing, a holder, a heatsink and a phase changing material storage unit; the electronic module having a cell holder.
Lee teaches wherein the cooling unit (220) having a housing (housing support 300), a holder (housing 210), a filter, a heatsink (223a) and a phase changing material storage unit (dissipation module 223); the electronic module (control unit 400) having a cell holder (cell housing 420).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the method of GENOVESE such that the cooling unit having a housing, a holder, a filter, a heatsink and a phase changing material storage unit; the electronic module having a cell holder as taught by Lee to prevent the body temperature of the wearer from rising due to heat generated from the thermoelectric element (par. 19 of Lee).
In regards to claim 36, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 35. Further, Lee teaches wherein assembling the electronic module (control unit 400) on the dome portion of the helmet comprises: welding (connecting by any means) one or more battery cells (410) with interconnect; assembling one or more terminals in the cell holder (cell housing 420); assembling the controller (control unit 431) and the charging unit (electric outlet); connecting one or more wires (a wire to supply electric energy; par. 41) between the controller (431) and the one or more terminals in the cell holder (430); and closing a cover (cell cover 320) on the cell holder (430).
In regards to claim 37, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 35. Further, Lee teaches wherein assembling the cooling unit (220) on the dome portion of the helmet comprises: assembling the thermoelectric module (222) in a cut-out portion (u-shaped cut-out portion on housing 320) defined in a bottom member (210) of the housing (300); assembling the heatsink (223a) on top of a cool surface (via a contact plate 221) of the thermoelectric module (222); assembling the fan (223b) in a vent defined in a front wall of the housing (as can be seen in Figs. 2-3); filling the phase changing material module (filling dissipation module 223) with phase changing material; assembling the phase changing material module subjacent to a hot surface of the thermoelectric module (222); placing the filter in front of the fan (223b); assembling the inlet cap (front opening); and assembling a plurality of sensors in the housing (implicit since temperature is monitored in the helmet).
In regards to claim 38, GENOVESE as modified meets the claim limitations as set forth above in the rejection of claim 35. Further, GENOVESE teaches wherein connecting one or more wires (a power cable; par. 62) from one or more battery cells (a rechargeable electric battery 4) disposed in the electronic module to the fan (61) and the thermoelectric module (3) disposed in the cooling unit (6) comprises assembling a polystyrene foam member (a rechargeable electric battery 4) underneath the dome portion (10) of the helmet (as can be seen in Fig. 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTHA TADESSE whose telephone number is (571)272-0590. The examiner can normally be reached on 7:30am-5:00pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For
more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.T/
Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763