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 .
Claim Objections
Claim 15 objected to because of the following informalities: “rearward” should be –rearwardly—because it is an adverb modifying the verb “to press”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 is rendered indefinite by the recitation “the cam seating surface is not in contact between the first corner part and the second corner part, between the second corner part and the third corner part, and between the third corner part and the first corner part” because it cannot be determined with what the cam seating surface is not in contact. Is Applicant intending to recite the cam seating surface is not in contact with the cam between the corner parts of the cam?
Claim 10 is rendered indefinite by the recitation “protrudes outward from the helmet body by elasticity” because it is not clear how and by what means something “protrudes outwardly... by elasticity.” What does it mean to protrude by elasticity?
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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nimura (US 10212982 B2).
As to claim 1, Nimura discloses a helmet (title), comprising:
a helmet body (13) configured to surround a user's head (capable of surrounding and intended to surround);
a fixing member fixed to a side surface of the helmet body and having a cam seat part (see annotated FIG 3 below; Examiner notes that the noun "member" is broad and has a definition of "a part of a whole" (Noun Defn. No. 4. of Merriam-Webster via merriam-webster.com/dictionary/member); openings 66 and 84 as shown in FIG 7 correspond to the cam seat part, as they seat cam/ shaft member 27);
a movable member coupled to the fixing member so as to be linearly movable forward or backward (4; Examiner notes that the noun "member" is broad and has a definition of "a part of a whole" (Noun Defn. No. 4. of Merriam-Webster via merriam-webster.com/dictionary/member); FIG 13 shows the movable member 4 moves linearly forward or backward);
a pivot member which has a cam pivotally seated on the cam seat part and is disposed to be engaged with the movable member so as to be pivotable around the cam as a pivot axis (6; Examiner notes that the noun "member" is broad and has a definition of "a part of a whole" (Noun Defn. No. 4. of Merriam-Webster via merriam-webster.com/dictionary/member); 27 corresponds to the claimed cam; 6 is capable of and intended to be engaged with 4 so as to pivot around 27 as an axis); and
a pressing member disposed in the fixing member to elastically support the cam and press the cam backward (stopper surface 113 in combination with stopping projection 36; capable of and intended to elastically support the cam and press the cam backwards, see col 16 line 25-35),
wherein when the pivot member pivots from a first position toward a second position, the pivot axis moves forward and the pivot member and the movable member are accordingly displaced forward (capable of pivoting and intended to pivot as shown in FIG 13 and described in col 14 line 35-40).
The recitation “when the pivot member pivots from a first position toward a second position, the pivot axis moves forward and the pivot member and the movable member are accordingly displaced forward” is an intended use recitation. 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. Because the prior art reference and the claimed invention are structurally identical, they are expected to be capable of being used in the same manner, and the prior art reference reads on the intended use recitation in the claim.
Applicant is respectfully reminded that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, the pivot member 4 and/ or 6 is both capable of pivoting and intended to pivot from a first position toward a second position, the pivot axis moves forward and the pivot member and the movable member are accordingly displaced forward, as shown in FIG 13.
PNG
media_image1.png
512
566
media_image1.png
Greyscale
As to claim 2, Nimura discloses the helmet of claim 1, wherein the cam seat part and the cam have a profile in which the cam is displaced forward when the pivot member pivots from the first position toward the second position (capable of being displaced and intended to be displaced, as shown in FIG 13 and described in col 14 line 35-40).
As to claim 3, Nimura discloses the helmet of claim 2, wherein the cam has a triangular shape including a first corner part, a second corner part, and a third corner part (FIG 8 shows 111 of 27 is shaped like a triangular with rounded corners, a triangle necessarily has three corner parts/ corners; see a portion of FIG 8 annotated below), and the cam seat part provides one or more support surfaces surrounding the cam (FIGS 8-9 show 66 and 84 have surfaces surrounding the cam), and wherein in the cam at the first position, a first cam surface between the first corner part and the second corner part is supported by a first support surface on the rear side of the cam seat part, and the third corner part is in contact with the pressing member (capable of being supported/ in contact).
PNG
media_image2.png
642
678
media_image2.png
Greyscale
As to claim 4, Nimura discloses the helmet of claim 3, wherein the pressing member is disposed on the front side of the cam seat part (FIG 11 shows 36 on the front of at least portions of 66/84), and
wherein in the cam at the second position, a second cam surface between the second corner part and the third corner part is in contact with the pressing member, and the first corner part is in contact with the first support surface (capable of having a second cam surface).
As to claim 5, Nimura discloses the helmet of claim 3, wherein the first corner part, the second corner part, and the third corner part protrude toward a cam seating surface of the cam seat part so as to be in contact with the cam seating surface (111 protrudes toward 115 and 112 protrudes toward 65 and/ or 118; FIGS 13-18 show configurations where the corner parts directly or indirectly contact 115, 65, and/ or 118), and the cam seating surface is not in contact between the first corner part and the second corner part, between the second corner part and the third corner part, and between the third corner part and the first corner part (as best understood, FIGS 13-18 show configurations where 115, 65, and/ or 118 are not in contact with portions of the cam between the corner parts, such as the center of the cam).
As to claim 6, Nimura discloses the helmet of claim 1 wherein the fixing member further comprises a pivot guide part for providing a pivot profile of the pivot member in front of the fixing member (24 in FIG 6), and wherein the pivot member further comprises a pivot guided part guided by the pivot guide part during pivoting with the cam as a pivot axis (6b in FIG 6).
As to claim 7, Nimura discloses the helmet of claim 6, wherein the movable member comprises a first pivot support part (opening 63 in FIG 10) engaged with the pivot guided part to prevent the pivot member from being separated when the pivot member is pivoted (63 engages with 64 on 6b as shown in FIG 6 and disclosed in col 9 line 65 - col 10 line 5).
As to claim 8, Nimura discloses the helmet of claim 7, wherein when the movable member reaches a predetermined position in front of the fixing member at the second position, the engagement between the pivot guided part and the first pivot support part is released to separate the pivot member (capable of being released, such as by manually disengaging 63 and 64).
As to claim 9, Nimura discloses the helmet of claim 8, wherein the movable member further comprises a fixing means for fixing the movable member in a state in which the movable member reaches the predetermined position in front (114 fixes the movable member in a state when 114 engages 36).
As to claim 10, Nimura discloses the helmet of claim 9, wherein at least a part of the fixing means protrudes outward from the helmet body by elasticity to fix the movable member in a state in which the movable member reaches the predetermined position in front (as best understood, 114 protrudes outwardly from at least 85 of the helmet body as shown in FIG 10 and fixes the movable member by abutting against 36).
As to claim 11, Nimura discloses the helmet of claim 10, wherein the pivot member further comprises a pressing part wherein when it is coupled to the movable member in a state in which the movable member is fixed by the fixing means (see portion of FIG 6 annotated below), the fixed state of the movable member by the fixing means is released to press the fixing means toward the helmet body so that the pivot guided part and the first pivot support part are engaged with each other (capable of being released).
PNG
media_image3.png
554
417
media_image3.png
Greyscale
As to claim 12, Nimura discloses the helmet of claim 11, wherein the fixing member further comprises a pressing part pivot part for providing a pivot path of the pressing part when the pivot member is pivoted (see portion of FIG 10 annotated below, capable of providing a pivot path).
PNG
media_image4.png
442
448
media_image4.png
Greyscale
As to claim 13, Nimura discloses the helmet of claim 7, wherein the pivot member further comprises a pivot auxiliary part at a position spaced rearward from the pivot guided part at a predetermined interval (see a portion of FIG 6 annotated below), and
wherein the movable member further comprises a second pivot support part engaged with the pivot auxiliary part to prevent the pivot member from being separated when the pivot member is pivoted (see a portion of FIG 10 annotated below; capable of preventing separation).
PNG
media_image5.png
554
525
media_image5.png
Greyscale
PNG
media_image6.png
442
446
media_image6.png
Greyscale
As to claim 14, Nimura discloses the helmet of claim 1, further comprising a first elastic member disposed between the fixing member and the pressing member to elastically support the pressing member (one or more of springs 94, 95, 96, which are capable of elastically supporting the pressing member, at least indirectly or directly).
As to claim 15, Nimura discloses the helmet of claim 1, further comprising a second elastic member disposed between the fixing member and the movable member to press the pressing member rearward (one or more of springs 94, 95, 96, which are capable of pressing the pressing member rearward, at least indirectly or directly).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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, Clinton Ostrup can be reached at 571-272-5559. 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.
SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/Primary Examiner, Art Unit 3732
Prosecution Insights