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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of invention I and species b) in the reply filed on 02/12/26 is acknowledged. Applicant also elected species B) with a traversal-in-part.
Applicant's election with traverse of species B) second material type fibers of glass material in the reply filed on 02/12/26 is acknowledged. The traversal-in-part is on the ground(s) that glass fiber and carbon fiber are not distinct species of the invention. This is not found persuasive because the second material particles being glass fibers or carbon fibers produce two different species of the invention, glass and carbon fibers are different materials with different properties.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-3, 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey et al. (US 2020/0181351).
In regard to claim 1, Bailey et al. teaches a helmet (paragraphs 0336, 0341, 0363, 0364), comprising a helmet body composed of at least a first material and a second material different from the first material (paragraphs 0203-0207, second material is second foam particles or paragraphs 0486, 0258, second material is the binding/additive), wherein the helmet body comprises a solid foam of expanded foam particles of the first material (paragraphs 00203-0207), and wherein the helmet body further comprises particles of the second material that have an adhesive connection with at least some of the expanded foam particles of the first material (paragraphs 0203-0207 and 0215 and 0218-0219).
In regard to claim 2, Bailey et al. teaches wherein the particles of the second material are joined in a materially bonded manner with at least some of the expanded foam particles of the first material (paragraph 0429, 0215 and 0218-0219).
In regard to claim 3, Bailey et al. teaches wherein the first material is an expandable plastic (paragraph 0429 and 0573).
In regard to claim 11, Bailey et al. teaches wherein the particles of the second material are fibers (paragraph 0486, 0520 and 0258).
In regard to claim 12, Bailey et al. teaches wherein the second material is a glass material or a carbon material (paragraph 0486, 0520 and 0258).
In regard to claim 13, Bailey et al. teaches wherein the helmet body has at least one section in which the particles of the second material are at least partly embedded in the solid foam of expanded foam particles of the first material (paragraphs 0215 and 0218-0219).
In regard to claim 14, Bailey et al. teaches wherein the helmet is configured as a sports helmet or a work safety helmet (see paragraphs 0336, 0341, 0363, 0364 sports or work helmet disclosed).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found in PTO-892 form submitted herewith. The cited prior art to Jones (US 8,465,832) 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