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.
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.
Claim 11 and the claims that depend therefrom 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. It is unclear what “the side accessory” is, is this supposed to be “the side accessory ridge” or another structure. Further, there is lack of antecedent basis for this limitation in the claim. For examination purposes, the Examiner is interpreting “the side accessory” to be “the side accessory ridge”.
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) 1-2, 4-6 and 9-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones et al. (US 2021/045104).
In regard to claim 1, Jones et al. teaches a hard hat system comprising: a hard hat comprising: an outer shell, the outer shell comprising: an exterior surface; an interior surface defining a cavity sized to receive a head of a user (see annotated figure 15 below); and a crown portion configured to cover part of the head of the user (see annotated figure 15 below), wherein a bottom segment of the crown portion defines a lower circumference extending along the exterior surface of the outer shell (see annotated figure below); and a side accessory ridge positioned along the bottom segment (see annotated figure below), the side accessory ridge comprising a plurality of slots (see slots 84); and an adapter couplable to the side accessory ridge (adapter: 66), the adapter comprising: a connection tab (see connection tab in annotated figure below on different attachment and paragraph 0036); and a body comprising a first end and an opposing second end (adapter body: 66 with upper first end and lower second end); two or more adapter slots on the body between the first end and the second end (see slots in annotated figure below in adapter 66); wherein the adapter is configured to couple to and support two or more accessories (see accessories 132 in annotated figure 15 below and paragraph 0060).
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In regard to claim 2, Jones et al. teaches wherein the plurality of slots of the side accessory ridge comprise: a first slot; a second slot; and a third slot, wherein the second slot is positioned between the first slot and the third slot (see slots/ports: 84 in annotated figure above).
In regard to claim 4, Jones et al. teaches wherein the two or more adapter slots comprise three slots (see three adapter slots in 66 in annotated figure above).
In regard to claim 5, Jones et al. teaches wherein the adapter is supported by side accessory ridge and interfaces against an upper edge of the side accessory ridge (see annotated figure 15 above, adapter 66 is interfacing against the upper edge of ridge).
In regard to claim 6, Jones et al. teaches wherein the adapter is supported along a lateral outer surface of the side accessory ridge (figure 15 shows adapter 16 is supported along a lateral outer surface of the side accessory ridge).
In regard to claim 9, Jones et al. teaches a hard hat system comprising: a hard hat comprising: an outer shell, the outer shell comprising: an exterior surface; an interior surface; and a crown portion comprising a bottom segment that defines a lower circumference extending along the exterior surface of the outer shell (see annotated figure 15 above); and a side accessory ridge positioned along the bottom segment (see annotated figure 15 above), the side accessory ridge comprising a slot (see slots 84); and an adapter couplable to the side accessory ridge (see adapter: 66 in annotated figure 15), the adapter comprising: a connection tab (see connection tab attached to attachment in annotated figure above and paragraph 0036); and a body comprising a first end and an opposing second end (first/upper end of adapter 66 and lower/second end of adapter 66); a plurality of adapter slots on the body between the first end and the second end (adapter slots on 66 in annotated figure 16 above); wherein the adapter is configured to couple to and support an accessory (accessories: 132, figure 15 and paragraph 0060).
In regard to claim 10, Jones et al. teaches wherein the plurality of adapter slots extend through the body of the adapter (adapter slots as annotated in Figure 15 above extend though the width of the body of the adapter).
In regard to claim 11, Jones et al. teaches wherein the adapter is supported by an upper portion of the side accessory ridge (see annotated figure 15 above, adapter 66 is supported by side accessory ridge).
In regard to claim 12, Jones et al. teaches wherein a bottom edge of the body of the adapter interfaces against an upper edge of the side accessory ridge (see adapter 66 body interfacing against the upper ride in annotated figure 15 above).
In regard to claim 13, Jones et al. teaches wherein the adapter is supported along a laterally outward facing surface of the side accessory ridge (figure 15 shows adapter 16 is supported along a lateral outer surface of the side accessory ridge).
In regard to claim 14, Jones et al. teaches wherein, when the adapter is coupled to the side accessory ridge, the connection tab of the adapter is positioned in the slot of the side accessory ridge (connection tab 86 as illustrated in annotated figure above attached to an attachment, as the attachment clip coupling attachment/adapter 66: paragraph 0036 and 0060 and the adapter 66 being positioned in the slots of the side accessory ridge: see annotated figure 15 above).
In regard to claim 15, Jones et al. teaches a hard hat system comprising: a hard hat comprising: an outer shell, the outer shell comprising: an exterior surface; an interior surface; and a crown portion comprising a bottom segment that defines a lower circumference extending along the exterior surface of the outer shell (see annotated figure 15 above); a brim extending radially outward and away from a portion of the lower circumference (see brim in annotated figure 15 above); and a side accessory ridge positioned on a lateral portion of the outer shell along the bottom segment (see accessory ridge in annotated figure 15 above), the side accessory ridge comprising a plurality of slots (see accessory ridge slots/ports: 84 in annotated figure 15 above); and an adapter couplable to the side accessory ridge (see adapter 66 coupled to accessory ridge in annotated figure 15 above), the adapter comprising: a connection tab (connection tab is in annotated figure above associated with accessory/attachment 64, which is connection tab/clip that is attached to accessory/attachment 66: paragraph 0038); and a body comprising a first end and an opposing second end (first/upper end of 66 and second/lower end of 66); a plurality of adapter slots on the body between the first end and the second end (see adapter slots in annotated figure 15 above); wherein the adapter is configured to couple to and support an accessory (see accessories 132 coupled to adapter 66 in annotated figure 15 above).
In regard to claim 16, Jones et al. teaches wherein adapter body extends along an upper edge of the side accessory ridge (see annotated figure 15 above, adapter body 66 extend along upper edge of accessory ridge).
In regard to claim 17, Jones et al. teaches wherein the connection tab of the adapter is positioned in one of the plurality of slots of the side accessory ridge when the adapter is coupled to the hard hat, wherein the connection tab extends downward toward the brim (connection tab 86 as illustrated in annotated figure above attached to an attachment, as the attachment clip to attachment 66: paragraph 0036 and 0060).
In regard to claim 18, Jones et al. teaches wherein the plurality of adapter slots extend between an upper surface and a lower surface through the body of the adapter (see adapter slots in 66 in annotated figure above).
In regard to claim 19, Jones et al. teaches wherein the connection tab has a snap fit design (see connection tab in annotated figure above with three snap-fit prongs hat interact with ports/slots 84).
In regard to claim 20, Jones et al. teaches wherein the hard hat further comprises an opposite side accessory ridge positioned along the bottom segment, the opposite side accessory ridge comprising a plurality of slots (paragraph 0009).
Claim(s) 1, 3 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Philbert et al. (US 2021/0315302).
In regard to claim 1, Philbert et al. teaches a hard hat system comprising: a hard hat comprising (figures 9A-9C and 9E): an outer shell (outer surface of hard hat: 500), the outer shell comprising: an exterior surface; an interior surface defining a cavity sized to receive a head of a user (see hard hat 500 and figures 9A-9C and 9E); and a crown portion configured to cover part of the head of the user (see hard hat 500 and figures 9A-9C and 9E), wherein a bottom segment of the crown portion defines a lower circumference extending along the exterior surface of the outer shell (lower circumference and brim 24); and a side accessory ridge positioned along the bottom segment (see accessory ridge between brim and crown), the side accessory ridge comprising a plurality of slots (figure 5B and 9E, slots: 560 on each side of the helmet); and an adapter couplable to the side accessory ridge (adaptor as illustrated in annotated figures below and as seen coupled to the accessory ridge in Figures 8D and 9D), the adapter comprising: a connection tab (see annotated figures below); and a body comprising a first end and an opposing second end (see annotated figures below); two or more adapter slots on the body between the first end and the second end (see annotated figures below); wherein the adapter is configured to couple to and support two or more accessories (see figure 9A-9C and 9E, face shield: 20 and earmuff: 770).
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In regard to claim 3, Philbert et al. teaches wherein the connection tab of the adapter is positioned in the second slot when the adapter is coupled to the hard hat (see connection tab 412 in annoted figure 8A above and in Figures 8C and 8D and paragraph 0058).
In regard to claim 8, Philbert et al. teaches wherein the two or more accessories comprise a face shield and an earmuff (see figure 9A-9C and 9E, face shield: 20 and earmuff: 770).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. (US 2021/0145104) in view of Tsai et al. (US 2021/0153588).
Jones et al. teaches a hard hat system as described above in claim 1. However, Jones fails to specifically teach the connection tab engagement with the downward facing surface of the hard hat.
In regard to claim 7, Tsai et al. teaches a hart hat with an adaptor slot and spring clip attachment of an accessory, wherein the spring clip comprises an engagement surface that engages a downward facing surface of the hard hat (see figures 5 and 8, engagement surface 223 that engages downward facing surface of hard hat edge at 701).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have replaced the spring clip of Jones et al. with the spring clip of Tsai et al., since the spring clip of Jones et al. provided with an engagement surface that engages a downward facing surface of the hard hat would provide a spring clip that securely attaches the adaptor to the hard had so as not to become easily dislodged.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found cited in PTO-892 form submitted herewith. The cited prior art to Uzzeni (US 2024/0156200) is of particular relevance to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 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 T 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.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732