DETAILED ACTION
Claims 21-36 are pending. Claims 1-20 are cancelled.
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
This office action is responsive to the amendment filed on April 21, 2026. As directed by the amendment: claims 1-20 have been cancelled, and 21-36 have been added. Thus, claims 21-36 are presently pending in this application.
Applicant’s amendment to the specification has overcome the drawing objections.
All claims were cancelled so the claim objections/rejections are moot.
Response to Arguments
Applicant’s arguments relate to previously cancelled claims 1-20, none of which are pending. The arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. That is, the rejection previously was of claims 1-20 which do not exist.
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 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) 21 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ward et al. (US 20210037905).
Regarding claim 21, Ward describes combination a safety helmet and brim (shell 20, liner 30, and ring 40) comprising:
the safety helmet (20, 30) comprising a rigid dome (see Fig. 5 showing interior) comprising an inner surface facing and defining an interior volume of the dome (has an inner face), the dome comprising an opening in communication with the interior volume and a perimeter wall on an outside of the dome surrounding the opening, the opening being sized to receive a head of a user wearing the safety helmet (see annotated Fig. 5);
the brim comprising a brim body (shelf 49) and a flange (inner wall portions 48a , 48b, see annotated Fig. 7A);
the brim body comprising an inner edge (see annotated Fig. 7A, location where brim meets the flange) extending in a circumferential direction (is a circumferential direction) and defining an inner perimeter of the brim body and an outer edge spaced radially away from the inner edge and defining an outer perimeter of the brim body surrounding the inner perimeter (see annotated Fig. 7A, outermost part of the brim body);
the flange being attached to the brim body and extending in the circumferential direction along the inner perimeter of the brim body (see annotated Fig. 7A),
the flange comprising a lower edge attached to the brim body and extending from the lower edge to an upper edge spaced away from the brim body (see annotated Fig. 4);
a set of first attachment members (boss 42a, 42b) and a set of second attachment members (22a, 24a, 25);
the set of first attachment members being attached to the brim (are attached to the brim), the set of second fasteners being attached to the dome (are attached to the dome);
each first attachment member extending from the upper edge of the flange away from the flange (see Fig. 7A, extends perpendicular to flange and thus away), the first attachment members of the set of first attachment members being circumferentially spaced apart from each other along the upper edge of the flange whereby circumferentially adjacent pairs of first attachment members are circumferentially separated from each other (first attachment members are located at circumferentially spaced locations);
at least one cutout (see annotated Fig. 7) formed in the flange, each cutout of the at least one cutout extending into the flange from the upper edge of the flange, the said each cutout being disposed along the flange between a pair of circumferentially adjacent first attachment members of the set of first attachment members (spans between the attachment members);
the flange being insertable (is insertable into the dome opening) into the dome opening wherein the brim body engages the dome wall (see Fig. 5) wherein the flange faces and conforms with at least a portion of the inner surface of the dome, and the brim body overlays the perimeter wall (see Fig. 5);
the flange being insertable into the dome whereby each first attachment member of the set of first attachment members aligns with and becomes detachably attachable to a respective second attachment member of the set of second attachment members at a location spaced away from the upper edge of the flange whereby the attached respective pairs of first and second attachment members can releasably fasten the brim to the safety helmet (can be attached and detached via fasteners 25).
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Regarding claim 25, Ward describes the combination safety helmet and brim of claim 21 wherein each cutout of the at least one cutout receives a structure of the safety helmet when the brim is fully inserted into the safety helmet (at least “receives” a portion of the liner 30 which is part of the safety helmet, see Fig. 5).
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.
Claims 21-23 and 26-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perry (US 3176314) in view of Siboulotte et al. (WO 2006129028).
Regarding claim 21, Perry describes combination a safety helmet and brim (rigid crown 12 and visor 14) comprising:
the safety helmet comprising a rigid dome (12) comprising an inner surface facing and defining an interior volume of the dome (has an inner face), the dome comprising an opening in communication with the interior volume and a perimeter wall on an outside of the dome surrounding the opening, the opening being sized to receive a head of a user wearing the safety helmet (see annotated Fig. 4);
the brim comprising a brim body (lower portion 20) and a flange (flange 22);
the brim body comprising an inner edge (see annotated Fig. 4) extending in a circumferential direction and defining an inner perimeter of the brim body and an outer edge spaced radially away from the inner edge and defining an outer perimeter of the brim body surrounding the inner perimeter (see annotated Fig. 4);
the flange being attached to the brim body and extending in the circumferential direction along the inner perimeter of the brim body (see annotated Fig. 4),
the flange comprising a lower edge attached to the brim body and extending from the lower edge to an upper edge spaced away from the brim body (see annotated Fig. 4);
a set of first attachment members and a set of second attachment members;
the set of first attachment members being attached to the brim (tab 26), the set of second fasteners being attached to the dome (button 24);
the first attachment members of the set of first attachment members being circumferentially spaced apart from each other along the upper edge of the flange whereby circumferentially adjacent pairs of first attachment members are circumferentially separated from each other (the attachment members are circumferentially spaced from one another);
at least one cutout formed in the flange, each cutout of the at least one cutout extending into the flange from the upper edge of the flange, the said each cutout being disposed along the flange between a pair of circumferentially adjacent first attachment members of the set of first attachment members (see annotated Fig. 4);
the flange being insertable into the dome opening wherein the brim body engages the dome wall wherein the flange faces and conforms with at least a portion of the inner surface of the dome, and the brim body overlays the perimeter wall (see Fig. 4, brim is within the opening of the dome);
the flange being insertable into the dome whereby each first attachment member of the set of first attachment members (26) aligns with and becomes detachably attachable to a respective second attachment member of the set of second attachment members (24) at a location spaced away from the upper edge of the flange (are spaced from the upper edge) whereby the attached respective pairs of first and second attachment members can releasably fasten the brim to the safety helmet (releasable attach the brim to the body).
Perry does not explicitly describe each first attachment member extending from the upper edge of the flange away from the flange.
In related art for attachment art for attaching components to helmets, Siboulotte describes each first attachment member extending from the upper edge of the flange away from the flange (see annotated Fig. 4b below).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the flange of Perry to include the structure of Siboulotte as such a modification is a simple substitution of one known element (button 24 Perry) for another (hook 142 and opening 162) with predictable results. That is, one modifying the snap with the hook and hole structure of Siboulotte would understand that the components how the components would attach. Further, it would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the fasteners of Perry to be modified with the flanges of Siboulotte in order to provide fast and reliable attachment of the brim (see Siboulotte, para. 0032). In this modification the brim could be pressed up into place with the resilient components snapping into place rather than aligning each individual snap.
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Regarding claim 22, Perry as modified describes the combination safety helmet and brim of claim 21 wherein the set of first attachment members are a set of cantilevered latch arms (from Siboulotte) extending away from the flange and the set of second attachment members are a set of latch receivers attached to the inner surface of the dome (from Siboulotte).
Regarding claim 23, Perry as modified describes the combination safety helmet and brim of claim 22 wherein each latch arm of the set of latch arms snaps over a respective latch receiver of the set of latch receivers to fasten the latch arm to the respective latch receiver (as modified the device includes latch arms which snap into the corresponding slots).
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Regarding claim 24, Perry as modified describes the combination safety helmet and brim of claim 21 wherein the dome perimeter wall does not entirely lie in a common plane (is tubular and thus the perimeter wall is curved and does not lay on a common plane) and the brim body conforms to the perimeter wall without gaps between the perimeter wall and brim body when the brim is fully inserted into the dome opening (see Fig. 4, the brim body conforms to the perimeters with no gaps, see especially the left side of Fig. 4 which depicts the “brim” portion of the perimeter wall directly adjacent the brim body of the brim).
Regarding claim 26, Perry describes the combination safety helmet and brim of claim 1 wherein the safety helmet comprises a visor or bill (14, see portion of Fig. 4 below), and the brim body comprises a transition portion extending away from the inner edge and partially towards the outer edge (see annotated portion of Fig. 4), wherein the transition portion faces the bill or visor when the brim is fully inserted into the brim opening (faced the visor).
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Regarding claim 27, Perry describes combination safety helmet and brim of claim 1 wherein the safety helmet comprises a visor or bill (14);
a portion of the perimeter wall extends along the visor or bill; and
the flange faces the visor or bill but is spaced away from the visor or bill whereby the brim body overlays the perimeter wall portion when the brim is fully inserted into the dome opening (see annotated Fig. 4 below, furthermore, the flange extends below the edge of the crown 12 due to its location inside of the crown, thus the lowest portion of the flange, at least on the portion of the helmet that does not include visor 14, faces the opposing visor 14 while being spaced from the visor 14).
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Regarding claim 28, Perry as modified describes the combination safety helmet and brim of claim 21 wherein the inner edge of the brim body and the flange surrounds a through opening of the brim body (surrounds a through opening of the brim body as the brim body defines a through opening, thus the edge of the brim body surrounds the through opening).
Regarding claim 29, Perry as modified describes the combination safety helmet and brim of claim 21 wherein when the flange is fully inserted into the safety helmet the brim body extends away from the adjacent bottom of the safety helmet as the brim extends around the safety helmet (see Fig. 4, extends away from the bottom of the safety helmet).
Perry does not explicitly describe that the flange extends perpendicularly.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the angle of the brim to be perpendicular and such a modification amounts to a change in shape or design which has been held to be obvious absent persuasive evidence that the particular configuration is significant (MPEP 2144.04(IV)(B)). Thus It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the angle of the brim depending on the desired usage, for example for deflecting rain or for providing additional shade. Applicant’s specification provides no criticality for this angle.
Regarding claim 30, Perry as modified describes the combination safety helmet and brim of claim 21 wherein the at least one cutout consists of one cutout (see annotated Fig. 4 above, has one cutout).
Regarding claim 31, Perry as modified describes the combination safety helmet and brim of claim 21 wherein each cutout of the at least one cutout is bounded by a pair of circumferentially spaced-apart side walls and a bottom wall joining the pair of side walls, each side wall of the pair of side walls extending from the upper edge of the flange towards the lower edge to a lower edge of the flange to an end of the side wall, the bottom wall joining the ends of the side walls.
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Claims 32-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeilinger et al. (US 20220047033).
Regarding claim 32, Zeilinger describes a brim (frame 620) for (what follows is a recitation of intended use, the brim of Zeilinger is fully capable of being utilized with a rigid safety helmet as claimed) a rigid safety helmet of the type having a perimeter wall extending around an open side of the safety helmet and a plurality of brim attachment members attached to the perimeter, the brim comprising:
a flange (see annotated Fig. 41), the flange being configured to be received into the open side of the safety helmet, the flange comprising an upper side and a lower side spaced away from the upper side, each of the upper side and lower side extending circumferentially around the opening (see Fig. 41);
a brim body attached to the tubular flange, the brim body extending circumferentially around the flange, the upper side of the flange being spaced away from the brim body (see annotated Fig. 41);
the brim body extending in a radial direction away from the flange (extends radially away); and
a plurality of helmet attachment members extending from the upper side of the flange away from the flange (see annotated Fig. 41), the helmet attachment members being circumferentially spaced apart from each other along the upper side of the flange whereby circumferentially adjacent pairs of attachment members are circumferentially separated from each other (are circumferentially spaced from each other);
at least one cutout formed in the flange (see annotated Fig. 41), each cutout of the at least one cutout extending into the flange from the upper side (is on an upper side) of the flange, the said each cutout being disposed along the flange between a pair of circumferentially adjacent helmet attachment members of the plurality of helmet attachment members (is between the attachment members); and
the brim capable (fully capable of being inserted into an unclaimed safety helmet) of being inserted into the safety helmet whereby the helmet attachment members of the brim align with respective brim attachment members of the safety helmet whereby the helmet attachment members can be releasably attached to the brim attachment members at a location spaced away from the upper side of the flange to removably attach the brim to the safety helmet.
The embodiment of Fig. 41 does not include a tubular flange because the brim does not extend around the entire helmet.
In related art, Zeilinger describes that users have different presences for hard had styles (para. 0067) and discloses embodiments that surround the entire helmet body (see e.g. Fig. 10). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the brim to be a circular brim and thus the flange would be a tubular flange depending on the preference of the user.
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Regarding claim 33, Zeilinger as modified describes the brim of claim 32 wherein each helmet attachment member of the plurality of helmet attachment member is a cantilevered latch arm (is a cantilevered arm, see Fig. 41) that extends away from the flange to a free end of the latch arm (see Fig. 41).
Regarding claim 34, Zeilinger as modified describes the brim of claim 33 wherein each latch arm of the plurality of latch arms comprises a latch hook disposed at the free end of the latch arm (see annotated Fig. 41 above).
Regarding claim 35 Zeilinger as modified describes the brim of claim 33 wherein the at least one cutout consists of one cutout (consists of one cutout).
Regarding claim 36 Zeilinger as modified describes the brim of claim 32 wherein each cutout of the at least one cutout is bounded by a pair of circumferentially spaced-apart side walls (see annotated Fig. 41 above) and a bottom wall joining the pair of side walls, each side wall of the pair of side walls extending from the upper edge of the flange towards the lower edge to a lower edge of the flange to an end of the side wall, the bottom wall joining the ends of the side walls (extends from an upper edge toward a lower edge, see Fig. 41).
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 PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
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, Clint Ostrup can be reached on 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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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
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