DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments
The amendments filed with the written response received on 09 June 2026 have been considered. As directed by the amendment, claim(s) 1, 3, 5-6, 9, and 11 has/have been amended, claim(s) 2, 4, and 7-8 is/are canceled, and claim(s) 15 has/have been withdrawn. Accordingly, claim(s) 1, 3, 5-6, and 9-15 is/are pending in this application with an action on the merits to follow regarding claim(s) 1, 3, 5-6, and 9-14.
Because of the applicant's amendment, the following in the office action filed 12 March 2026, are hereby withdrawn:
Claim Objections
Rejections under 35 USC 112(b)
Rejections under 35 USC 101
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 5-6, and 9-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Windham US 20160051000.
Regarding Independent Claim 1, Windham discloses a helmet fitting system (Figs. 1-2, 5, 8-9, 11, & 13-14 #12) comprising: a band (Figs. 1-2, 5, 8-9, 11, & 13-14 #24/26) having at least one end (Figs. 1-2, 5, 8-9, 11, & 13-14 #136 left or right) fixed to a certain point of a helmet (¶0074); a fitting unit (Figs. 1-2, 5, 8-9, 11, & 13-14 #13) connected to the band (Figs. 1-2, 5, 8-9, 11, & 13-14) and configured to provide an elastic force to the back of a wearer's head (¶0046); and an adjustment means (see Figs. 1-2, 5, 8-9, 11, & 13-14 #18) configured to adjust the elastic force of the fitting unit (¶0046); wherein the fitting unit comprises: a fitting means (Figs. 5, 8, & 13-14 #27/29/32/124/126) connected to the band and configured to provide an elastic force to the band (¶0048); and a contact member (Figs. 1-2, 5, & 8 #20) arranged so that the fitting means is movable (¶0047-0048, 0066) within an internal receiving space (Figs. 1-2 show the connections extending internally; ¶0046-0049), the contact member being in contact with the back of the wearer's head when in use (¶0047-0048, 0066), where the adjustment means is configured to change a position of the support portion with respect to the certain point (¶0053-0061), wherein the fitting means comprises an elastic means (Figs. 5, 8 & 13-14 #30/32; ¶0061) connected to the band (Figs. 5 & 8; ¶0059, 0061), when one end of the elastic means is connected to the band (Figs. 5, 8 & 13-14), the fitting means comprises a support portion (Figs. 5, 8 & 13-14 #32) to which the other end of the elastic means is connected (Figs. 5, 8 & 13-14 #140), wherein the adjustment means is gear-coupled to the support portion (¶0045-0048); and wherein the adjustment means is configured to change a position of the support portion with respect to the certain point (¶0053-0061). .
Examiner notes that italicized limitations in the Prior Art rejections are functional and do not positively recite a structural limitation, but instead require the ability of the structure to perform and/or function. As the Prior Art of Windham discloses the structure of the helmet fitting system, there would be a reasonable expectation for the helmet fitting system to perform such functions as explained after each functional limitation.
Regarding Claim 3, Windham discloses the helmet fitting system according to claim 1, wherein, when the adjustment means moves the fitting means away from the certain point, the elastic force of the fitting means increases (¶0047), and when the adjustment means moves the fitting means closer to the certain point, the elastic force of the fitting means decreases (¶0047).
Regarding Claim 5, Windham discloses the helmet fitting system according to claim 1, wherein a pinion gear (Figs. 5 & 8 #25) is formed on the adjustment means (Figs. 5-8; ¶¶0048), and a rack gear (Figs. Figs. 5 & 8 show the racks on the pinion gear #25) coupled to the pinion gear (Figs. 5 & 8; ¶0047-0048) is formed on the fitting means (Figs. 5 & 8; ¶0047-0048).
Regarding Claim 6, Windham discloses the helmet fitting system according to claim 1, wherein the adjustment means is coupled to the contact member (Figs. 5 & 8).
Regarding Claim 9, Windham discloses the helmet fitting system according to claim 1, wherein the elastic means is a band, rubber, or silicone (¶0061).
Regarding Claim 10, Windham discloses the helmet fitting system according to claim 1, further comprising a third band (Figs. 1-2, 5, 8-9, 11, & 13-14 #36) connected to the fitting unit so that the fitting unit moves forward or backward with respect to the helmet (¶0066), wherein uneven portions (Fig. 8 #110) are formed on both side surfaces of the third band (Fig. 8 shows the left and right sides of the third band contain the uneven portions #110) and are coupled to a fastening portion (¶0072 noted as, “a slot”) provided on the helmet (¶0072).
Regarding Claim 11, Windham discloses the helmet fitting system according to claim 1, wherein the band comprises: a first band (Figs. 1-2, 5, 8, & 13-14 #24) having one end (Figs. 5, 8, & 13-14 #132 left) fixed to one side of the helmet (¶0074-0075); and a second band (Figs. 1-2, 5, 8, & 13-14 #26) having one end (Figs. 5, 8, & 13-14 #132 right) fixed to the other side of the helmet (¶0074-0075), wherein the fitting means comprises: a first fitting means (see Figs. 5, 8, & 13-14 #27) connected to the other end of the first band (Figs. 5 & 8); and a second fitting means (Figs. 5, 8, & 13-14 #29) connected to the other end of the second band (Figs. 5 & 8).
Regarding Claim 12, Windham discloses the helmet fitting system according to claim 11, wherein the adjustment means is gear-coupled to the first and second fitting means (Figs. 5 & 8).
Regarding Claim 13, Windham discloses the helmet fitting system according to claim 11, wherein the first fitting means and the second fitting means overlap each other in a direction perpendicular to a direction in which the elastic force of the fitting means is provided (Fig. 5).
Regarding Claim 14, Windham discloses the helmet fitting system according to claim 11, wherein the contact member comprises a base portion (Fig. 8 #106) and a cover portion (Fig. 8 #104) coupled to the base portion (¶0071), wherein the contact member further comprises a holder (Fig. 8 #102) coupled to the base portion of the contact member (¶0048) and surrounding the first and second fitting means to expose one side of each of the first and second fitting means (¶0071).
Response to Arguments
Applicant’s arguments, filed 09 June 2026, with respect to the 35 USC 102 rejection of claims 1-14 have been considered but are not persuasive.
Regarding the 35 USC 102 of claims 1-4, Applicant argues:
“… elements 27, 29, 32, 124, and 126 of Windham correspond to the fitting means (210). However, elements 32, 124, and 126 of Windham are not arranged within a receiving space inside the adjuster assembly (20). That is, elements 32, 124, and 126 of Windham cannot be considered as configurations corresponding to the fitting means (210) that is movably arranged within a receiving space inside the contact member (220). Furthermore, elements 27 and 29 of Windham are racks, and therefore do not provide elastic force. Thus, elements 27 and 29 of Windham are not structures corresponding to the fitting means (210), which provides elastic force to the band, and therefore Windham fails to disclose this element… Claim 1 additionally requires that the fitting means (210) include an elastic means (215) having at least one end connected to the band and a support portion (217) to which the other end of the elastic means (215) is connected. The adjustment means (300) is gear-coupled to the support portion (217) so that the adjustment means (300) can change a position of the support portion (217) with respect to a certain point. In contrast, Windham fails to disclose a configuration corresponding to the support portion (217). The Action alleges that the flexible body (32) of Windham corresponds to the support portion (217). However, since the flexible body (32) of Windham itself provides elastic force and is not connected to a separate elastic means, the flexible body (32) cannot be considered a configuration corresponding to the support portion (217) of the claims, which is connected to the elastic means (215). Further, the flexible body (32) of Windham is not gear-coupled to the manual adjustment mechanism (18) and therefore does not correspond to the support portion (217) of the claims, which is gear-coupled to the adjustment means (300).” (Remarks Pgs. 7-8)
The Examiner respectfully disagrees. The fitting means #210 of the instant application is a part connected to the band and configured to provide an elastic force to the band (per Spec Pg. 2:14-16), which corresponds to Windham structures #27/29/32/124/126. However, the fitting means is also not well defined as the Specification only notes what the fitting means does, not what it actually is. The Drawings do not clear this deficit. Further, the Examiner notes that the claims do not require the fitting means to be inside of an “adjustor assembly” as this structure is not recited, therefore the Examiner did not need to find it. With regards to the prior art of Windham not disclosing “the fitting means (210) include an elastic means (215) having at least one end connected to the band and a support portion (217) to which the other end of the elastic means (215) is connected. The adjustment means (300) is gear-coupled to the support portion (217) so that the adjustment means (300) can change a position of the support portion (217) with respect to a certain point”, ¶0048 of Windham notes “the left and right arms include teeth or gears, such as in the form of a rack gear, and the adjuster assembly includes corresponding teeth or gears engaged with the left and right arms and configured to permit for selective tightening and loosening of helmet fit system 13. FIG. 5, somewhat less schematically than FIGS. 1-2, represents such examples of manual adjustment mechanisms 18. More specifically, as illustrated, the adjuster assembly 20 supports a user input member 22 in the form of an input wheel 23 and a pinion gear 25 that is operatively coupled to the input wheel. The left arm 24 includes a rack 27 operatively meshed with the pinion gear, and the right arm 26 includes another rack 29 operatively meshed with the pinion gear. While the rack of the left arm is illustrated as being on the upper side of the pinion gear and the rack of the right arm is illustrated as being on the lower side of the pinion gear, the opposite configuration also is within the scope of the present disclosure”, thus the flexible body is gear-coupled to the manual adjustment system (also see Windham Figs. 1-2, 5, 8-9, 11, & 13-14) and as for elastic mean, ¶0061 of Windham notes, “resilient and flexible body 32 is configured to reversibly stretch to a greater extent than the left and right arms elastically stretch under the same tightening, or tension, force, which may be applied by the helmet fit system”. See 35 USC 102 rejection above.
Applicant submits that the dependent claims are patentable based on their dependencies from claim(s) 1; however, as discussed in the rejection and in the arguments above, claim(s) 1 is/are not allowable over the prior art. Therefore, these arguments have not been found convincing and the rejections of the independent claims under 35 U.S.C. 102 and/or 103 have been maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQUEL M. WEIS whose telephone number is 571-272-6804. The examiner can normally be reached Mon-Fri: 0800-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALISSA J. TOMPKINS can be reached on 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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