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 .
Election/Restrictions
Applicant’s election without traverse of Group 1 (claims 1-11) in the reply filed on 1/27/26 is acknowledged. Applicant withdraws claims 12-20.
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) 1-7, 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0286117 to Sung et al.
Regarding claim 1, Sung ‘117 discloses a communication device assembly for a helmet, comprising: a communication device 150 (“device 150 can be any suitable portable device the user wishes to mount” – para 0086, lines 4-5) having a front surface, a communication device abutment surface 620, and a first magnet 623 allocated to the communication device abutment surface 620; a receiving structure 610 configured to be affixed to a side surface of a helmet 140 (para 0086 – “… any suitable object to mount” this indicates adaptability to numerous mounting locations – expanded below) wherein the receiving structure 610 has a receiving structure abutment surface 611 and a second magnet 613 allocated to the receiving structure abutment surface 611, wherein the communication device abutment surface 620 and the receiving structure abutment surface 611 are adapted for abutment against each other (fig. 6a), and the first magnet 623 and the second magnet 613 exert an attractive force on each other (para 0103), when the communication device 150 is mounted to the receiving structure 610, and wherein, when the communication device 150 is mounted to the receiving structure 610 there is a form fit between the communication device 150 and the receiving structure 610 (para 0103 – “ … to supplement the friction fit so as to increase the holding force between the base mount … and the device mount ...”).
Further, Sung ‘117 teaches a magnetic coupling arrangement where the portable electronic device of any type may be mounted to any suitable object to mount the portable device such as a helmet, a strap, an article of clothing etc. Sung ‘117 notes that, it should be understood that the portable device mounting system may be utilized to couple the portable device to any type of support that is associated with the user, such as the user's equipment or any other like support structure (para 0086).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the device 140 taught in Sung '117 at a side surface of the helmet as a predictable variation of Sung’s flexible mounting configurations, in order to position the device 140 such that external forces act substantially parallel to a front surface of the device, thereby maintaining the form fit between the communication device and the receiving structure.
Regarding claim 2, Sung ‘117, as modified, discloses wherein at least one of the first magnet or the second magnet comprises an active magnet (para 0103, lines 17-23 – “magnetic force of the magnetic components within the device mount and/or the base mount may be adjustable to adjust the strength of the magnets”).
Regarding claim 3, Sung ‘117, as modified,, wherein at least one of the first magnet or the second magnet comprises a passive magnet (page 8, para 0103, lines 1-4 – “… other material may be added or removed from the location of the magnets to increase or decrease the strength of the coupling”).
Regarding claim 4, Sung ‘117, as modified, discloses wherein the communication device assembly is free of moving parts (para 0103 – “ … to supplement the friction fit so as to increase the holding force between the base mount … and the device mount ...” – friction force would indicate no moving parts of the assembly).
Regarding claim 5, Sung ‘117, as modified, discloses, wherein the communication device abutment surface 620 and the receiving structure abutment surface 611 extend substantially parallel to the side surface of the helmet, as modified above.
Regarding claim 6, Sung ‘117, as modified, discloses, wherein the active magnet comprises a permanent magnet or an electromagnet (para 0103, lines 17-23 – “magnetic force of the magnetic components within the device mount and/or the base mount may be adjustable to adjust the strength of the magnets”).
Regarding claim 7, Sung ‘117, as modified, discloses, wherein the helmet 140 comprises a motorcycle helmet (para 0086).
Regarding claim 9, Sung ‘117, as modified, discloses, wherein the receiving structure is affixed to the side surface of the helmet using an adhesive (para 0008 – “ … mounting base (base mount) portion is preferably securely connected to an external support via screws, adhesives, straps, or other suitable attachment mechanism – to a side surface as modified above).
Regarding claim 11, Sung ‘117, as modified, discloses, wherein the receiving structure 611 comprises a tray (note flat bottom surface -fig. 6b).
Claim(s) 1, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2002/0030589 to Tabata et al. in view of US 2015/0286117 to Sung et al.
Regarding claim 1, Tabata ‘589 discloses a communication device assembly for a helmet, comprising: a communication device 73 having a front surface, a communication device abutment surface (top surface of 30 and portion of 73 that contacts 40 – extending along the dashed line as shown in fig. 5), and a first magnet 30 allocated to the communication device abutment surface (fig. 5); a receiving structure 20/40 configured to be affixed to a side surface of a helmet 70, wherein the receiving structure 20/40 has a receiving structure abutment surface (front portions of surfaces of 20/40 that contacts magnet 30 and portion 73 – fig. 5) and a second magnet 20 allocated to the receiving structure abutment surface, wherein the communication device abutment surface and the receiving structure abutment surface are adapted for abutment against each other (fig. 5 – para 0035-0036 – note contact between 20/30 and contact between 40 and top of 73 – as extending along dashed line shown in fig. 5), and the first magnet 30 and the second magnet 20 exert an attractive force on each other, when the communication device 73 is mounted to the receiving structure (fig. 5), and wherein, when the communication device 73 is mounted to the receiving structure, such that a form fit between the communication device and the receiving structure are maintained (note the magnetic coupling - figs 1 and 5 – para 0035-036).
Sung ‘117 teaches a magnetic coupling arrangement where the portable electronic device of any type may be mounted to any suitable object to mount the portable device such as a helmet, a strap, an article of clothing etc. Sung ‘117 notes that, it should be understood that the portable device mounting system may be utilized to couple the portable device to any type of support that is associated with the user, such as the user's equipment or any other like support structure (para 0086).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tabata ‘589 to position the communication device on a side surface of the helmet, as Sung ‘117 teaches that magnetically coupled devices may be mounted on various types of equipment and supports, indicating adaptability to different mounting locations. Thus, selecting a side surface of the helmet is a predictable variation; when so positioned, the front surface of the device is exposed to external forces during normal use, which in view of the magnetic coupling would obviously maintain the form fit between the device and receiving structure.
Therefore, Tabata ‘589, as modified by Sung ‘117, teaches that a front surface of the device is configured such that an external force acting on the front surface in a direction substantially parallel to the side surface of the helmet 70 maintains a form fit between the communication device and the receiving structure (figs 1 and 5).
Regarding claim 8, Tabata ‘589, as modified, discloses, wherein the communication device 73 uses Bluetooth@ technology (para – 0004 – “ … a radio communication unit having a transmitting and receiving function…”)
Regarding claim 10, Tabata ‘589, s modified, discloses, wherein the receiving structure 20/40 includes means for maintaining 41 a form fit with at least one structural element 81 of the communication device 73.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and will be used in subsequent office action rejections, as applicable.
The list of supports is as follows: US-11722871-B2 OR US-10601974-B2 OR US-20190104797-A1 OR US-20170027264-A1 OR US-20140245523-A1 OR US-20020030589-A1 OR US-6101256-A OR US-20200170329-A1 OR US-6751810-B1 OR US-20060150304-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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, Terrell McKinnon can be reached at 571-272-4797. 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.
/MONICA E MILLNER/Primary Examiner, Art Unit 3632
Prosecution Insights