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 Amendment
The amendments filed with the written response received on October 20, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 2 5-6, 8, 12, 14, 17 and 20 have been amended and claims 7, and 18-19 have been canceled. Accordingly, claims 1-6,8-17 and 20 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Because of the applicant’s amendment, the following in the office action mailed July 11, 2025, are hereby withdrawn:
Previous objection to the drawings is cancelled.
Previous objection to the claim is cancelled.
Previous rejection to the 35 U.S.C. 101 is cancelled.
Previous rejection to the 35 U.S.C. 112(b) is cancelled.
Response to Arguments
Applicant's arguments filed October 20, 2025 have been fully considered but
they are not persuasive.
Applicant’s arguments, are drawn to the amended claim language that recites that the face shield is an avalanche beacon face shield. These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a compact oxygen tank positioned within the helmet component and configured to open when a low level of oxygen is detected within the helmet component by one of the plurality of sensors” in claim 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “providing supplemental oxygen within the helmet component when a low level of oxygen is detected within the helmet component by one of the plurality of sensors” in claim 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 20 is objected to because of the following informalities: The word “oxyen” should be replaced with “oxygen”. Appropriate correction is required.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2014/0130239 A1 to Jullian Joshua Preston-Powers, (herein after "Preston") in view of United States Patent Application Publication No. US 2021/0223557 A1 Benjamin Edward Lamm, et al. (herein after "Lamm").
As to Claim 1, Preston discloses a snowboard tracking helmet device (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing) that provides a user with a helmet (Helmet Main body 3; Preston) for snowboarding or skiing with a variety of sensors (Paragraphs 0077 discloses trigger mechanisms comprising a variety of sensors & 0093; Preston teaching "... it is contemplated that practical applications will emerge in a number of areas. For example, helmets are worn in the majority of high-speed non-contact sports, such as motorcycle and motorcar racing, downhill skiing, etc. Similar safety helmets are also worn by the pilots of jet planes, as well as by police and military personnel."), the snowboard tracking helmet device comprising: a helmet component (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing).
Although Preston teaches a ski helmet having trigger mechanisms (para. 0077; Preston) but does not explicitly disclose a plurality of sensors. Preston fails to disclose a plurality of sensors; wherein the plurality of sensors are positioned on an interior surface of the helmet component; wherein the helmet component includes a face shield which provides a heads-up display; and further wherein the plurality of sensors comprise a capability to prevent head injuries, suffocation due to avalanches, facilitates learning new techniques while riding, offers tracking location, map navigation, weather alerts, and real-time tutorial demonstrations; and wherein the face shield is an avalanche beacon face shield.
Lamm teaches active display helmets (Helmet 100; Lamm) and discloses a plurality of sensors (sensor array 104; Lamm) wherein the plurality of sensors (sensor array 104; Lamm) are positioned on an interior surface of the helmet component (Paragraph 0029; Lamm, teaching "In some embodiments, sensor array 104 is incorporated into helmet 100…"); wherein the helmet component (Helmet 100; Lamm) includes a face shield (visor 102; Lamm) which provides a heads-up display (Paragraphs 0028 & 0032-0033; Lamm teaching “Display system 130 may be capable of receiving data from any of various systems in helmet 100 ( e.g., data processing/control system 120) and operating to display the data on the HUD display of visor 102 or helmet 100.”) and wherein the plurality of sensors (sensor array 104; Lamm) comprise a capability to prevent head injuries (Paragraphs 0027; Lamm) suffocation due to avalanches (Paragraphs 0027, 0067; Lamm teaching “The outer and inner shells may help protect the wearer's head in case of impact, collision…”. The protection for the wearer’s head can include impact collision due to avalanches.) facilitates learning new techniques while riding, offers tracking location, map navigation, weather alerts, and real-time tutorial demonstrations (Paragraphs 0029 & 0060; Lamm - different embodiment.) "...helmets l00A-l00n may be interconnected to control system 204 by network 202. Control system 204 may also be interconnected to one or more additional data sources 502. Additional data sources 502 may include, but not be limited to, databases of information (e.g., maps, building blueprints, etc.), downloadable/searchable information regarding mission objectives, data from additional camera sources ( e.g., building security cameras), data from additional sensor sources (e.g., weather sensors, building environmental or structural sensors, etc.), and other information that may be useful for a particular operational environment." Thereby teaching wherein the plurality of sensors are capable of providing information to prevent head injuries, suffocation due to avalanches, facilitates learning new techniques while riding, offers tracking location, map navigation, weather alerts, and real-time tutorial demonstrations.); and wherein the face shield is an avalanche beacon face shield (Paragraphs 0029, 0063-0067; Lamm, regarding having a display in HUD 400 that is capable of avalanche scenarios).
Therefore, based on Lamm’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Preston’s helmet and or helmet components to include a plurality of sensors; wherein the plurality of sensors are positioned on an interior surface of the helmet component; wherein the helmet component includes a face shield which provides a heads-up display; and further wherein the plurality of sensors comprise a capability to prevent head injuries, suffocation due to avalanches, facilitates learning new techniques while riding, offers tracking location, map navigation, weather alerts, and real-time tutorial demonstrations, and wherein the face shield is an avalanche beacon face shield, as doing so would to provide comfort and enhanced display features for the wearer during use.
As to Claim 2, Preston/Lamm disclose the snowboard tracking helmet device of claim 1, wherein the helmet component (helmet main body 3; Preston modified with helmet 100; Lamm) is configured in a rounded shape (Figures 1-2; Preston teaching a rounded shape.)
As to Claim 3, Preston/Lamm disclose the snowboard tracking helmet device of claim 2, wherein the helmet component (helmet main body 3; Preston modified with helmet 100; Lamm) comprises internal padding adapted to fit snugly against a user’s head (Paragraph 0010; Preston, teaching "The inner comfort layer 30 is provided between the impact absorbing material 20 and a user's head, to provide a comfortable tactile surface against the wearer's head when worn, and to provide softer localized padding so that the helmet will fit tightly and comfortably in place during normal use.").
Claims 4-6, and 8-13 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2014/0130239 A1 to Jullian Joshua Preston-Powers, (herein after "Preston") in view of United States Patent Application Publication No. US 2021/0223557 A1 Benjamin Edward Lamm, et al. (herein after "Lamm"), as to claim 3 above, and further in view of United States Patent Application Publication No. US 2012/0210498 A1 to Christoph Mack, (herein after "Mack").
As to Claim 4, Preston/Lamm disclose the snowboard tracking helmet device of claim 3, wherein the helmet component (helmet main body 3; Preston modified with helmet 100; Lamm) comprises Bluetooth capabilities (Paragraph 0035 ; Lamm regarding Bluetooth, “Wireless communication protocols for communication system 140 may include protocols such as, but not limited to, Bluetooth)(data capture 110; Lamm).
Preston/Lamm fail to disclose which allows users to link up to their smart devices.
Mack teaches headgear position and impact sensor and teaches wirelessly linked impact sensing and reporting system (para. 0009 and 0059, 0061-0063; Mack) discloses which allows users to link up to their smart devices (Paragraphs 0059, 0062-0063 teaching “In one embodiment, the base unit 104 may simply be a wireless router device… The devices 106 may be one of a dummy display that includes a communication component for communicating with the base unit 104 or may be a smart computing device that includes a processor.”, as doing so would provide sensor information available to relevant parties to support implementation and evaluation to be used near real time during the collection of data for the user.)
Therefore, based on Mack’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Preston/Lamm’s wireless helmet component sensors to include allowing users to link up to their smart devices, as doing so would provide sensor information available to relevant parties to support implementation and evaluation to be used near real time during the collection of data for the user.
As to Claim 5, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 4, wherein the helmet component (helmet main body 3; Preston modified with helmet 100; Lamm) comprises a wireless communications module (Paragraph 0059; Mack) and additional sensors (sensor units 102; Mack) which allow the snowboard tracking helmet device (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing helmet) to pair with a mobile application on a smart device (Para 0063; Mack regarding communication component base unit 104 or smart computing device), once paired, a user is capable control (Paragraph 0063 regarding interface; Mack) the snowboard tracking helmet device (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing) via the mobile application (Paragraphs 0059, 0062-0064 teaching “In one embodiment, the base unit 104 may simply be a wireless router device… The devices 106 may be one of a dummy display that includes a communication component for communicating with the base unit 104 or may be a smart computing device that includes a processor.”, as doing so would provide sensor information available to relevant parties to support implementation and evaluation to be used near real time during the collection of data for the user.)
As to Claim 6, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 5, wherein the plurality of sensors (sensor array 104; Lamm modified with sensor unit 102 Mack) include a vital sign monitor configured to monitor and detects a user’s vitals (Paragraphs 0029 0031 & 0052, 0069, 0072, 0083; Lamm, teaching "sensors, and combinations thereof. In some embodiments, sensory array 104 includes one or more biometric sensor elements including, but not limited to, vital sign measurement sensors, body motion sensors, and body position sensors.").
As to Claim 8, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 6, wherein the plurality of sensors (sensor array 104; Lamm) include sensors that receive verbal commands (“Paragraph 0055; Lamm “[0055] Various methods for control and selection of data for display (e.g., switching data for display) in HUD 400 in helmet 100 by the user are contemplated. For example, in some embodiments, control and selection of data for display in HUD 400 may be through voice control.”).
As to Claim 9, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 8, wherein the plurality of sensors (sensor array 104; Lamm) include GPS capabilities which provide tracking location and map navigation to the user (Paragraphs 0029, 0052 and specifically [0044-0046]; Lamm, regarding~ GPS capabilities, and map data, (route based on GPS wayfinding).
As to Claim 10, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 9, wherein the plurality of sensors (sensor array 104; Lamm) include impact sensors (Paragraph 0077; Preston “For example, accelerometers can be used to determine when the helmet undergoes acceleration having a magnitude above a specified threshold, indicative of a collision or impact. Such sensors can operate from a separate battery or other power source self-contained within the helmet, or may be powered via the existing battery supply of a motorcycle. These and similar trigger mechanisms already exist for use in "pre-emptive" (i.e., those designed to trigger an action immediately prior to an impact)”).
As to Claim 11, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 10, wherein the impact sensors comprise accelerometers to detect magnitude of a force or pressure resulting from an impact to the helmet component (Paragraph 0077; Preston “For example, accelerometers can be used to determine when the helmet undergoes acceleration having a magnitude above a specified threshold, indicative of a collision or impact. Such sensors can operate from a separate battery or other power source self-contained within the helmet, or may be powered via the existing battery supply of a motorcycle. These and similar trigger mechanisms already exist for use in "pre-emptive" (i.e., those designed to trigger an action immediately prior to an impact)”).
As to Claim 12, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 11, wherein the face shield (visor 102; Lamm) provides a heads-up display (Paragraphs 0028 & 0032-0033; Lamm teaching “Display system 130 may be capable of receiving data from any of various systems in helmet 100 ( e.g., data processing/control system 120) and operating to display the data on the HUD display of visor 102 or helmet 100.”) which can demonstrate various snowboarding tricks in real time (Paragraph 0061; Lamm, teaching, “Thus, control system 204 may aggregate the data and provide the aggregated data to helmets l00A-lO0n to provide real-time operational support for individuals wearing the helmets. For example, real-time updates of helmet wearer data in operational environment 500 along with command information (e.g., mission control data) can be readily shared through the displays in helmets lO0A-l00n”), and provide a map of a location (Paragraphs 0035, 0037, 0046, 0048, 0065; Lamm ~ regarding providing a map of a location and provide UV protection, as needed.)(Paragraph 0040, 0045-0046, 0060; Lamm regarding ~ maps, and paragraphs 0027-0028 teaching that the helmet provides full face coverage to provide enhanced display, Paragraph 0083 “The transparent or semi-transparent portion may also reduce certain wavelengths of light produced by glare or reflection from entering the astronaut's eyes.”).
As to Claim 13, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 12, wherein the helmet component (helmet main body 3; Preston modified with helmet 100; Lamm) comprises at least one wireless transceiver (Paragraph 0035; Lamm regarding ~ Bluetooth being a wireless transceiver), a processor (Paragraph 0070-0072; Lamm regarding ~ processor), and a memory operatively connected to the processor (Paragraph 0075-0076; Lamm regarding ~ memory operatively connected to the processor), such that logic stored within the memory is adapted to be executed by the processor (Paragraph 0076; Lamm teaching such that logic stored within the memory is adapted to be executed by the processor) (Applicant's disclosure paragraph 0018 recites "The wireless transceiver comprises a direct wireless connection device, (i.e., a Bluetooth connection), or a device that connects to a wireless communication network, (i.e., a Wi-Fi connection or a mobile cellular network)")(Paragraphs 0035, 0070-0071, 0084- 0085, Lamm teaches a wireless connection coupled to the display of the helmet.").
Claims 14-15 and 17 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2014/0130239 A1 to Jullian Joshua Preston-Powers, (herein after "Preston") in view of United States Patent Application Publication No. US 2021/0223557 A1 Benjamin Edward Lamm, et al. (herein after "Lamm") and further in view of United States Patent Application Publication No. US 2012/0210498 A1 to Christoph Mack, (herein after "Mack"), and further in view of United States Patent Application Publication No. US 2025/0037562 A1 to Watson et al., (herein after "Watson").
As to Claim 14, Preston discloses a snowboard tracking helmet device (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing) that provides a user with a helmet for snowboarding or skiing with a variety of sensors (Paragraphs 0077 discloses trigger mechanisms comprising a variety of sensors & 0093; Preston teaching "... it is contemplated that practical applications will emerge in a number of areas. For example, helmets are worn in the majority of high-speed non-contact sports, such as motorcycle and motorcar racing, downhill skiing, etc. Similar safety helmets are also worn by the pilots of jet planes, as well as by police and military personnel."), the snowboard tracking helmet device (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing) comprising: a helmet component (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing) configured in a rounded shape and having an interior surface (Figures 1-2; Preston teaching a rounded shape that is similar to a conventional snowboard helmet and having an interior space. Examiner notes that similar is a relative term.); wherein the helmet component (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing); wherein the helmet component (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing); wherein the plurality of sensors include impact sensors which include accelerometers (Paragraph 0077; Preston “For example, accelerometers can be used to determine when the helmet undergoes acceleration having a magnitude above a specified threshold, indicative of a collision or impact. Such sensors can operate from a separate battery or other power source self-contained within the helmet, or may be powered via the existing battery supply of a motorcycle. These and similar trigger mechanisms already exist for use in "pre-emptive" (i.e., those designed to trigger an action immediately prior to an impact)”).
Although Preston teaches the helmet component (Helmet Main body 3; Preston and Paragraph 0093 teaching skiing) Preston fails to further disclose a plurality of sensors; wherein the component comprises Bluetooth capabilities which allows users to link up to their smart devices; wherein the component comprises a wireless communications module and additional sensors which allows the snowboard tracking helmet device to pair with a mobile application on a smart device, once paired, a user is capable of control the snowboard tracking helmet device via the mobile application; wherein the component includes a face shield which provides a heads-up display; wherein the plurality of sensors include a vital sign monitor which monitors and detects a user’s vitals; wherein the plurality of sensors include GPS capabilities which provide tracking location and map navigation to the user; wherein the face shield provides a heads-up display which can demonstrate various snowboarding tricks in real time, provide a map of a location; wherein the helmet component comprises at least one wireless transceiver, a processor, and a memory operatively connected to the processor, such that logic stored within the memory is adapted to be executed by the processor; and wherein the plurality of sensors are capable of preventing head injuries, suffocation due to avalanches, facilitate learning new techniques while riding, offer tracking location, map navigation, weather alerts, and real-time tutorial demonstrations; a compact oxygen tank positioned within the helmet component and configured to open when a low level of oxygen is detected within the helmet component by one of the plurality of sensors; and wherein the face shield is an avalanche beacon face shield.
Lamm teaches active display helmets (Helmet 100; Lamm) and discloses a plurality of sensors (sensor array 104; Lamm); a plurality of sensors (sensor array 104; Lamm); wherein the component (data capture system 110; Lamm) comprises Bluetooth capabilities (Paragraph 0035 ; Lamm regarding Bluetooth, “Wireless communication protocols for communication system 140 may include protocols such as, but not limited to, Bluetooth)(data capture 110; Lamm); wherein the component (data capture system 110; Lamm) includes a face shield (visor 102; Lamm) which provides a heads-up display (Paragraphs 0028 & 0032-0033; Lamm teaching “Display system 130 may be capable of receiving data from any of various systems in helmet 100 ( e.g., data processing/control system 120) and operating to display the data on the HUD display of visor 102 or helmet 100.”) (Paragraph 0061; Lamm, teaching, “Thus, control system 204 may aggregate the data and provide the aggregated data to helmets l00A-lO0n to provide real-time operational support for individuals wearing the helmets. For example, real-time updates of helmet wearer data in operational environment 500 along with command information (e.g., mission control data) can be readily shared through the displays in helmets lO0A-l00n”); wherein the plurality of sensors (sensor array 104; Lamm) include a vital sign monitor which monitors and detects a user’s vitals (Paragraphs 0029 0031 & 0052, 0069, 0072, 0083; Lamm, teaching "sensors, and combinations thereof. In some embodiments, sensory array 104 includes one or more biometric sensor elements including, but not limited to, vital sign measurement sensors, body motion sensors, and body position sensors."); wherein the plurality of sensors include GPS capabilities which provide tracking location and map navigation to the user (Paragraphs 0029, 0052 and specifically [0044-0046]; Lamm, regarding~ GPS capabilities, and map data, (route based on GPS wayfinding); wherein the face shield (visor 102; Lamm) provides a heads-up display (Paragraphs 0028 & 0032-0033; Lamm teaching “Display system 130 may be capable of receiving data from any of various systems in helmet 100 ( e.g., data processing/control system 120) and operating to display the data on the HUD display of visor 102 or helmet 100.”) which can demonstrate various snowboarding tricks in real time (Paragraph 0061; Lamm, teaching, “Thus, control system 204 may aggregate the data and provide the aggregated data to helmets l00A-lO0n to provide real-time operational support for individuals wearing the helmets. For example, real-time updates of helmet wearer data in operational environment 500 along with command information (e.g., mission control data) can be readily shared through the displays in helmets lO0A-l00n”), provide a map of a location (Paragraphs 0045-0046; Lamm regarding map location.) wherein the component comprises at least one wireless transceiver (Paragraph 0035; Lamm regarding ~ Bluetooth being a wireless transceiver), a processor (Paragraph 0070-0072; Lamm regarding ~ processor), and a memory operatively connected to the processor (Paragraph 0075-0076; Lamm regarding ~ memory operatively connected to the processor), such that logic stored within the memory is adapted to be executed by the processor (Paragraph 0076-0077; Lamm teaching such that logic stored within the memory is adapted to be executed by the processor) (Applicant's disclosure paragraph 0018 recites "The wireless transceiver comprises a direct wireless connection device, (i.e., a Bluetooth connection), or a device that connects to a wireless communication network, (i.e., a Wi-Fi connection or a mobile cellular network)")(Paragraphs 0035, 0084- 0085, Lamm teaches a wireless connection coupled to the display of the helmet."); wherein the plurality of sensors (sensor array 104; Lamm) are capable of preventing head injuries, suffocation due to avalanches (Paragraphs 0027 & 0067; Lamm teaching “The outer and inner shells may help protect the wearer's head in case of impact, collision…”. The protection for the wearer’s head can include impact collision due to avalanches.), facilitate learning new techniques while riding, offer tracking location, map navigation, weather alerts, and real-time tutorial demonstrations (Paragraphs 0029 & 0060, 0068; Lamm - different embodiment.) "...helmets l00A-l00n may be interconnected to control system 204 by network 202. Control system 204 may also be interconnected to one or more additional data sources 502. Additional data sources 502 may include, but not be limited to, databases of information (e.g., maps, building blueprints, etc.), downloadable/searchable information regarding mission objectives, data from additional camera sources (e.g., building security cameras), data from additional sensor sources (e.g., weather sensors, building environmental or structural sensors, etc.), and other information that may be useful for a particular operational environment." Thereby teaching wherein the plurality of sensors are capable of providing information to prevent head injuries, suffocation due to avalanches, facilitates learning new techniques while riding, offers tracking location, map navigation, weather alerts, and real-time tutorial demonstrations.); and wherein the face shield is an avalanche beacon face shield (Paragraphs 0029, 0063-0067; Lamm, regarding having a display in HUD 400 that is capable of avalanche scenarios).
Although Lamm discloses the helmet component Therefore, based on Lamm’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Preston’s helmet and or helmet component to include a plurality of sensors; a plurality of sensors; wherein the component comprises Bluetooth capabilities which allows users to link up to their smart devices, wherein the component includes a face shield which provides a heads-up display; wherein the plurality of sensors include a vital sign monitor which monitors and detects a user’s vitals; wherein the plurality of sensors include GPS capabilities which provide tracking location and map navigation to the user; wherein the face shield provides a heads-up display which can demonstrate various snowboarding tricks in real time, provide a map of a location; wherein the helmet component comprises at least one wireless transceiver, a processor, and a memory operatively connected to the processor, such that logic stored within the memory is adapted to be executed by the processor; and wherein the plurality of sensors are capable of preventing head injuries, suffocation due to avalanches, facilitate learning new techniques while riding, offer tracking location, map navigation, weather alerts, and real-time tutorial demonstrations, as doing so would to provide comfort and enhanced display features for the wearer during use.
Mack teaches headgear position and impact sensor and teaches wirelessly linked impact sensing and reporting system (para. 0009 and 0059, 0061-0063; Mack) and discloses
the component allowing users to link up to their smart devices (Paragraphs 0035; 0080; Mack); wherein the component comprises a wireless communications module (Paragraphs 0059, 0063, 0080; Mack) and additional sensors which allows the snowboard tracking helmet device to pair with a mobile application on a smart device ((Paragraph 0059, 0063, 0080; Mack), once paired, a user is capable of control the snowboard tracking helmet device via the mobile application (Paragraphs 0059, 0062-0064 teaching “In one embodiment, the base unit 104 may simply be a wireless router device… The devices 106 may be one of a dummy display that includes a communication component for communicating with the base unit 104 or may be a smart computing device that includes a processor.”, as doing so would provide sensor information available to relevant parties to support implementation and evaluation to be used near real time during the collection of data for the user.).
Therefore, based on Mack’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Preston/Lamm’s helmet component to include wherein the component which allows users to link up to their smart devices a wireless communications module and additional sensors which allows the snowboard tracking helmet device to pair with a mobile application on a smart device, once paired, a user is capable of control the snowboard tracking helmet device via the mobile application, as doing so would provide sensor information available to relevant parties to support implementation and evaluation to be used near real time during the collection of data for the user.
Watson teaches personal protective equipment and discloses a compact oxygen tank positioned within the helmet component and configured to open when a low level of oxygen is detected within the helmet component by one of the plurality of sensors (Figure 1 and Paragraphs 0024, 0043, 0073-0074; Watson).
Therefore, based on Watson’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Preston/Lamm/Mack’s helmet to include a compact oxygen tank positioned within the helmet component and configured to open when a low level of oxygen is detected within the helmet component by one of the plurality of sensors, as doing so would provide improved protection to maintain the safety and health of the wearer.
As to Claim 15, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 14, wherein the at least one wireless transceiver (Paragraph 0035; Lamm regarding ~ Bluetooth being a wireless transceiver), the processor (Paragraph 0070-0072; Lamm regarding ~ processor), and the memory are in wired or wireless communication with the head component (paragraph 0035, 0076, 0085; Lamm teaching memory are in wired communication with the head component).
As to Claim 17, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 14, wherein the heads-up display (Paragraphs 0028 & 0032-0033; Lamm teaching “Display system 130 may be capable of receiving data from any of various systems in helmet 100 ( e.g., data processing/control system 120) and operating to display the data on the HUD display of visor 102 or helmet 100.”) on the face shield (“Paragraph 0055; Lamm “[0055] Various methods for control and selection of data for display (e.g., switching data for display) in HUD 400 in helmet 100 by the user are contemplated. For example, in some embodiments, control and selection of data for display in HUD 400 may be through voice control.”) is configured to activate features when a user issues verbal commands (Paragraph 0031, reading vital signs and Paragraphs 0032, 0055 regarding commands and voice control; Lamm).
Claim 16 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2014/0130239 A1 to Jullian Joshua Preston-Powers, (herein after "Preston") in view of United States Patent Application Publication No. US 2021/0223557 A1 Benjamin Edward Lamm, et al. (herein after "Lamm") and further in view of United States Patent Application Publication No. US 2012/0210498 A1 to Christoph Mack, (herein after "Mack") and further in view of United States Patent Application Publication No. US 2025/0037562 A1 to Watson et al., (herein after "Watson"), as to claim 14 above, and further in view of United States Patent Application Publication No. US 2010/0095439 A1 to William H. Nolan, (herein after "Nolan").
As to Claim 16, Preston/Lamm/Mack disclose the snowboard tracking helmet device of claim 14 but fail to disclose wherein the face shield is fog resistant.
Nolan actively ventilated helmets and discloses wherein the face shield is fog resistant (Paragraph 0067; Nolan, “…helmet system embodiments can provide a user with a de-centered, optically correct, single molded lens that delivers an un-distorted, fog free view.”).
Therefore, based on Nolan’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Preston/Lamm/Mack’s helmet to include wherein the face shield is fog resistant, as doing so would provide a fog free environment at all times for the wearer.
Claim 20 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2021/0223557 A1 Benjamin Edward Lamm, et al. (herein after "Lamm") in view of United States Patent Application Publication No. US 2012/0210498 A1 to Christoph Mack, (herein after "Mack").
As to Claim 20, Lamm discloses a method of tracking users via a helmet (helmet 100; Lamm) for better communication and view of the terrain (Paragraph 0029-0030;Lamm), the method comprising the following steps: providing a snowboard tracking helmet device comprising a helmet component (data capture system 110; Lamm)(Lamm teaching a helmet that would be capable of being worn by a snowboard user, (Paragraph 0048; Lamm) with a plurality of sensors (sensor array 104; Lamm); linking up the helmet component (data capture system 110; Lamm) with to a user’s smart phone via Bluetooth (Paragraph 0035; Lamm, teaching “Wireless communication protocols for communication system 140 may include protocols such as, but not limited to, Bluetooth, Wi-Fi, ANT+, LiFi, and SATCOM.”); utilizing the plurality of sensors (sensor array 104; Lamm) to track vitals and receive verbal commands (Paragraph 0031, reading vital signs and Paragraphs 0032, 055 regarding commands and voice control; Lamm); providing a heads-up display on the face shield (“Paragraph 0055; Lamm “[0055] Various methods for control and selection of data for display (e.g., switching data for display) in HUD 400 in helmet 100 by the user are contemplated. For example, in some embodiments, control and selection of data for display in HUD 400 may be through voice control.”); and utilizing verbal commands to activate the features of the heads-up display (Paragraphs 0028 & 0032-0033; Lamm teaching “Display system 130 may be capable of receiving data from any of various systems in helmet 100 ( e.g., data processing/control system 120) and operating to display the data on the HUD display of visor 102 or helmet 100.”)(Paragraph 0043; Lamm regarding) and wherein the face shield is an avalanche beacon face shield (Paragraphs 0029, 0063-0067; Lamm, regarding having a display in HUD 400 that is capable of avalanche scenarios) providing supplemental oxygen within the helmet component when a low level of oxygen is detected within the helmet component by one of the plurality of sensors (Paragraphs 0083, 0088; Lamm, regarding having a helmet providing a pressurized oxygen-rich atmospheric bubble to protect the astronaut's head. It may be further comprised of a transparent portion. Thereby teaching providing supplemental oxygen within the helmet component when a low level of oxygen is detected within the helmet component by one of the plurality of sensors).
Lamm fails to disclose the component linking with to a user’s smart phone;
Mack teaches headgear position and impact sensor and teaches wirelessly linked impact sensing and reporting system (para. 0009 and 0059, 0061-0063; Mack) and discloses
the component linking with to a user’s smart phone (Paragraphs 0052, 0062-0064 teaching “The sideline module may be in the form of any electronic receiving device, including laptop or tablet computers, mobile phones, or any other such device configurable to receive wireless information”, as doing so would provide sensor information available to relevant parties to support implementation and evaluation to be used near real time during the collection of data for the user.)
Therefore, based on Mack’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Preston/Lamm’s helmet component to include the component linking with to a user’s smart phone, as doing so would provide sensor information available to relevant parties to support implementation and evaluation to be used near real time during the collection of data for the user.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday7:00 AM to 4:00pm 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, 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.
/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732