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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Accordingly claims 9, 27, 28 are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 17-20, 24-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HAVOLA (US 2020/0008508).
With respect to claim 17, HAVOLA discloses a helmet system comprising: a helmet (helmet 102); a processor (control unit 800, figures 7-8); and connections to a first power source, a second power source and at least one accessory device (figures 7 and 8 disclose first and second power sources (battery 810 and external power source) connected via respective connections to supply power to the helmet accessories); and wherein the processor is configured to select one of the first power source and the second power source as an active power source for powering the at least one accessory device in response to detecting a threshold. Control unit 800 selects the external power source, when it is detected that the external power sources is available, paragraphs 0080-0081, 0084.
With respect to claim 18, HAVOLA discloses the helmet system of claim 17 wherein the processor and the first power source are mounted to a unit removably attachable to the helmet. Figure 4 discloses that the unit is removable.
With respect to claim 19, HAVOLA discloses the helmet system of claim 18 further comprising an external power and data interface mounted to the unit. Figure 8 discloses connection to the external unit 818 for providing data and power.
With respect to claim 20, HAVOLA discloses the helmet system of claim 19 wherein in response to detecting the threshold, the processor selects an external power source connected to the external power and data interface as the active power source. Control unit 800 selects the external power source, when it is detected that the external power sources is available, paragraphs 0080-0081, 0084.
With respect to claim 24, HAVOLA discloses the helmet system of claim 18 wherein the second power source is mounted to a power module removably attachable to the unit. Figure 8 discloses that the external power source 818 is removably attached to the unit.
With respect to claim 25, HAVOLA discloses the helmet system of claim 24 further comprising a power and data interface connecting the unit and the power module. Figure 8, Paragraph 0084-0085 disclose a USB bus for providing power and data.
With respect to claim 26, HAVOLA discloses the helmet system of claim 25 wherein the second power source comprises a plurality of second power sources. HAVOLA discloses that the external power supply is for example a computing unit that necessarily has plural power sources.
Claim Rejections - 35 USC § 103
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) 21-23, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAVOLA (US 2020/0008508) in view of Ford (US 9,413,181).
With respect to claims 21, 22, HAVOLA discloses the helmet system of claim 19; except for, further comprising a charging circuit mounted to the unit and connected to the processor, the first power source, and the external power and data interface; further comprising a power converter mounted to the unit and connected to the processor, the first power source, and the external power and data interface.
Ford discloses a wearable power supply for a helmet, comprising a charging circuit 48 for charging battery cells, and converter 46 all the elements are connected to a controller circuit, figure 3A.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claim invention, to have modify HAVOLA and include the charger and converter circuits of Ford, for the purpose of providing a charging circuit for recharging the batteries and a converter for providing a constant voltage, for example.
With respect to claim 23, HAVOLA in view of Ford disclose the helmet system of claim 22 further comprising a power bus mounted to the unit and connected to the power converter and a plurality of accessories. HAVOLA discloses in figures 5, 7-8 mounting rails 104 connected to the controller/power management units and accessory units.
With respect to claim 28, HAVOLA in view of Ford disclose the helmet system of claim 23 further comprising means for connecting or disconnecting the first power source in response to the processor detecting the threshold. HAVOLA discloses that the controller controls the connection of the batteries when there is no external power source, paragraph 0081.
Allowable Subject Matter
Claim1-16 are allowed.
Claim 1 is allowable over the prior art of record, because the prior art of record does not disclose wherein the processor is configured to: select one of the first power source and the second power source as an active power source for the at least one accessory device, select the first power source or the second power source not selected as the active power source as a backup power source for the at least one accessory device, detect when a remaining capacity of the active power source is less than a threshold, and select the backup power source as a new active power source for the at least one accessory device in response to detecting the remaining capacity of the active power source is less than the threshold. Along with the remaining features of the claim.
Claim 9 is allowable over the prior art of record, because the prior art of record does not disclose connections to a first power source, a second power source and at least one accessory device; and wherein the apparatus is configured, via a processor, to: select one of the first power source and the second power source as an active power source for the at least one accessory device, select the first power source or the second power source not selected as the active power source as a backup power source for the at least one accessory device, detect when a remaining capacity of the active power source is less than a threshold, and select the backup power source as a new active power source for the at least one accessory device in response to detecting the remaining capacity of the active power source is less than the threshold.
Claims 27, 29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 27 is allowable over the prior art of record, because the prior art of record does not disclose means for connecting or disconnecting any one of the plurality of second power sources in response to the processor detecting the threshold.
Claim 29 is allowable over the prior art of record, because the prior art of record does not disclose further comprising a second charging circuit connected to the processor, the external power and data interface, and a selected one of a plurality of power sources.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS AMAYA whose telephone number is (571)272-8941. The examiner can normally be reached M-F 7:00AM-4:00PM.
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/CARLOS AMAYA/Primary Examiner, Art Unit 2836