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 .
Response to Amendments
The amendments filed with the written response received on 04 February 2026 have been considered. As directed by the amendment, claim(s) 1, 6, 8-9, 13, and 17 has/have been amended. Accordingly, claim(s) 1-20 is/are pending in this application with an action on the merits to follow.
Because of the applicant's amendment, the following in the office action filed 27 October 2025, are hereby withdrawn:
Rejections under 35 USC 112(b)
Rejections under 35 USC 101
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leedom US 20160150845 in view of Musckovitz US 20020124298.
Regarding Independent Claim 1, Leedom discloses a helmet (Figs. 1-12 #100) comprising: an outer shell (Figs. 1-12 #105) oriented away from an interior of the helmet (Figs. 1-3 show an interior of the helmet where liner #130 rests), the outer shell comprising one or more vents (Fig. 1 #125a/125b) configured to allow airflow through the helmet (¶0050); an inner liner (Figs. 1-3 #130) in-molded to the outer shell (¶0051) and oriented toward the interior of the helmet (Figs. 1-3), wherein the inner liner comprises a first layer facing the outer shell (Fig. 3 #210; ¶0054); a second layer disposed within the inner liner and oriented toward the interior of the helmet (Fig. 3 #130 inner surface; ¶0054); wherein the one or more vents extend through the inner liner and the second layer to the interior of the helmet (¶0054); a vent slider anchor (Figs. 1-12 #510) disposed between the first layer and the second layer (Figs. 1-4), the vent slider moveably engaged with the first layer and the second layer (Figs. 1-4), the vent slider anchor comprising one or more snap rivet anchors (Figs. 1-12 #515) and a projection (Figs. 1-12 #450); and a vent slider (Figs. 1-12 #410/520) disposed within the inner liner (Figs. 1-3) and configured to close the one or more vents (¶0058-0059), the vent slider comprising one or more slots (Fig. 6 #525) configured to receive the one or more snap rivet anchors (¶0059) and a plurality of detents (Figs. 5-6 #440) configured to alternately receive the projection (Figs. 2-12; ¶0059).
Examiner notes that italicized limitations in the Prior Art rejections are functional and do not positively recite a structural limitation, but instead require the ability of the structure to perform and/or function. As the Prior Art of Leedom discloses the structure of the helmet, there would be a reasonable expectation for the helmet to perform such functions as explained after each functional limitation.
Regarding Claim 2, Leedom discloses the helmet of claim 1, further comprising one or more snap rivets (Figs. 1-12 #530) configured to couple to the one or more snap rivet anchors such that the vent slider is disposed between the one or more snap rivets and the one or more snap rivet anchors (Figs. 1-12).
Regarding Claim 3, Leedom discloses the helmet of claim 1, wherein the one or more snap rivet anchors comprises four snap rivet anchors (Figs. 1-12).
Regarding Claim 4, Leedom discloses the helmet of claim 1, wherein the vent slider anchor is in-molded to the outer shell (¶0066).
Regarding Claim 5, Leedom discloses the helmet of claim 1, further comprising a button (Figs. 2-12 #535) configured to move the vent slider (¶0059), the button being disposed on the vent slider such that the button is accessible from the interior of the helmet (Figs. 2-12).
Regarding Claim 6, Leedom discloses the helmet of claim 5, wherein the plurality of detents comprises an open detent (Figs. 2-12 #440 lower) and a closed detent (Figs. 2-12 #440 upper), wherein the button is configured to move the vent slider such that the projection moves between the open detent and the closed detent (Figs. 2-3), wherein the one or more vents are opened when the projection is received by the open detent (Fig. 2), and wherein the one or more vents are closed when the projection is received by the closed detent (Fig. 1).
Regarding Claim 7, Leedom discloses the helmet of claim 5, wherein the button is not accessible from the outer shell (Figs. 1-12).
Regarding Claim 8, Leedom discloses the helmet of claim 1, wherein the vent slide anchor is L-shaped (Figs. 5-8 shows the anchor has a general L-shape), having three ends to provide multiple points of contact for attachment with the vent slider (Fig. 4).
Regarding Independent Claim 9, Leedom discloses a helmet (Figs. 1-12 #100) comprising: an outer shell (Figs. 1-12 #105) oriented away from an interior of the helmet (Figs. 1-3 show an interior of the helmet where liner #130 rests), the outer shell comprising one or more vents (Fig. 1 #125a/125b) configured to allow airflow through the helmet (¶0050); an inner liner (Figs. 1-3 #130) in-molded to the outer shell (¶0051) and oriented toward the interior of the helmet, wherein the inner liner comprises a first layer facing the outer shell (Figs. 1-4 #210; ¶0054): a second layer oriented toward the interior of the helmet (Fig. 3 #130 inner surface; ¶0054); a vent slider anchor (Figs. 1-12 #510) disposed between the first layer and the second layer moveably engaged to the first layer and the second layer (Figs. 1-4), the vent slider configured to close the one or more vents (¶0058-0059) and a button (Figs. 1-12 #535) configured to move the vent slider (¶0059), the button being disposed on the vent slider such that the button is accessible from the interior of the helmet (Figs. 2-12).
Regarding Claim 10, Leedom discloses the helmet of claim 9, further comprising a vent slider anchor (Figs. 1-12 #510) disposed within the inner liner (Figs. 1-3), the vent slider configured to couple to the vent slider anchor (Figs. 2-12).
Regarding Claim 11, Leedom discloses the helmet of claim 10, wherein the vent slider anchor comprises one or more snap rivet anchors (Figs. 1-12 #515), and wherein the vent slider comprising one or more slots (Fig. 6 #525) configured to receive the one or more snap rivet anchors (¶0059).
Regarding Claim 12, Leedom discloses the helmet of claim 10, wherein the vent slider anchor comprises a projection (Figs. 1-12 #450), and wherein the vent slider comprises a plurality of detents (Figs. 1-12 #440) configured to alternately receive the projection (Figs. 2-12; ¶0059).
Regarding Claim 13, Leedom discloses the helmet of claim 12, wherein the plurality of detents comprises an open detent (Figs. 2-12 #440 lower) and a closed detent (Figs. 2-12 #440 upper), wherein the button is configured to move the vent slider such that the projection moves between the open detent and the closed detent (Figs. 2-3), wherein the one or more vents are opened when the projection is received by the open detent (Fig. 2), and wherein the one or more vents are closed when the projection is received by the closed detent (Fig. 1).
Regarding Claim 14, Leedom discloses the helmet of claim 9, wherein the vent slider comprises one or more vent slider openings (Figs. 2-12 #220/430) corresponding to the one or more vents (Figs. 2-12).
Regarding Claim 15, Leedom discloses the helmet of claim 14, wherein the one or more vent slider openings are adjacent one or more vent slider shields (Figs. 2-12 #420), wherein the button is configured to move the vent slider such that the one or more vent slider openings coincide with the one or more vent openings such that the one or more vents are open (Figs. 2-3; ¶0059), and the one or more vent slider shields coincide with the one or more vent openings such that the one or more vents are closed (Figs. 2-3; ¶0059).
Regarding Claim 16, Leedom discloses the helmet of claim 9, wherein the button is not accessible from the outer shell (Figs. 2-12).
Regarding Independent Claim 17, Leedom discloses a ventilation system (Figs. 1-12 #125/210) for a helmet (Figs. 1-12 #100) comprising: a vent slider (Figs. 1-12 #210) moveably disposed between a first layer of an inner liner of the helmet (Figs. 1-4 #210; ¶0054) and a second layer (Fig. 3 #130 inner surface; ¶0054) disposed within the inner liner and facing the interior of the helmet (Figs. 1-4) and the vent slider comprising a first side (Figs. 4-7 side facing inside of helmet shell) and a second side opposing the first side (Figs. 4-7 side facing user head when in use), the vent slider comprising one or more vent slider openings (Figs. 2-12 #125a/125b) and one or more vent slider shields (Figs. 2-12 #420) adjacent the one or more vent slider openings, the one or more vent slider shields configured to close one or more vents of the helmet (Figs. 2-3; ¶0060); a vent slider anchor coupled to a shell of the helmet (Figs. 1-12 #105; ¶0058), the vent slider anchor configured to couple to a first side of the vent slider (Figs. 2-12); and a button (Figs. 2-12 #535) configured to move the vent slider such that the one or more vents alternately coincides with the one or more vent slider openings or the one or more vent slider shields (¶0059-0060), the button disposed on the vent slider and accessible to a user from the second side of the vent slider (Figs. 2-12).
Regarding Claim 18, Leedom discloses the helmet of claim 17, wherein the vent slider comprises a central portion (Figs. 10-11 area of #440/450/520) and a plurality of wings (Figs. 10-11 #410 left/right) adjacent the central portion (Figs. 2-11), the plurality of wings comprising the one or more vent slider openings (Figs. 10-11 show the vent openings between the openings of the wings) and the one or more vent shields (Figs. 2-12 #420).
Regarding Claim 19, Leedom discloses the helmet of claim 18, wherein the vent slider anchor is coupled to the vent slider at the central portion of the vent slider (Figs. 2-12).
Regarding Claim 20, Leedom discloses the helmet of claim 18, wherein the vent slider anchor is coupled to the vent slider at one of the plurality of wings (Figs. 8-11).
Response to Arguments
Applicant’s arguments, filed 04 February 2026, with respect to the 35 USC 102 rejection of claims 1-20 have been considered but are not persuasive.
Regarding the 35 USC 102 rejection of claims 1-20, Applicant argues:
The amendments to the claims overcome the prior art of Leedom as Leedom does not anticipate, “the inner liner comprises a first layer facing the outer shell; a second layer disposed within the inner liner and oriented toward the interior of the helmet; wherein the one or more vents extend through the inner liner and the second layer to the interior of the helmet;" and "a vent slider disposed between the first layer and the second layer, the vent slider moveably engaged with the first layer and the second layer.” (Remarks Pg. 9)
The Examiner respectfully disagrees. Leedom has two inner layers, #210 and #130 in which the ventilation assembly is sandwiched (Figs. 1-4) and which has ventilation apertures #220 extend through. See 35 USC 102 rejection above.
Applicant submits that the dependent claims are patentable based on their dependencies from claim(s) 1, 9, and 17; however, as discussed in the rejection and in the arguments above, claim(s) 1, 9, and 17 are not allowable over the prior art. Therefore, these arguments have not been found convincing and the rejections of the independent claims under 35 U.S.C. 102 and/or 103 have been maintained.
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 RAQUEL M. WEIS whose telephone number is 571-272-6804. The examiner can normally be reached Mon-Fri: 0800-1700.
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732
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