DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claims 1, 9-11, 13, 23 and 25-26 are rejected under 35 U.S.C. 103 as being
unpatentable over Jurga et al.(US 2017/0246525) in view of Schmidt (US 9,027,163).
Jurga et al. (hereinafter Jurga) discloses a field mask including a headband (110)
configured to be positioned along at least a front part and encircles the head,
subparagraph 33 attached to a plurality of bars forming at least part of a
faceguard/facemask (200), the plurality of bars comprising two first bars and at least one
second bar, wherein the at least one second bar (230) forms a lower part of the faceguard
being positioned below each of a laterally extending portion (220), wherein each first bar
of the two first bars includes the laterally- extending portion (220) and a transverse
portion (245, 265) projecting downwardly from the laterally- extending portion (220),
wherein the transverse portions positioned over the laterally-extending portions to the at
least one second bar as shown in figures 6 and 10. Also, an elastic strap system with one
of a plurality of straps (131-133), subparagraph 35 configured to secure the mask to the
wearer being secured through opening (172) at a first portion of the headband (110) and
extending rearwardly, subparagraph 35 and as shown in figure 7. A plate (150) is
connected to a lower portion of the faceguard distal from the headband (110) and
configured to support a chin guard/pad (140), subparagraph 32. Furthermore,
each of the transverse portion (245, 265) attached at points (242, 262) extends
laterally outwardly and downwardly between the at least one second bar (230) and the
laterally extending portions of the two first bars as shown in figure 10.
However, Jurga does not show the transverse portions connected to the laterally-
extending portions to the at least one second bar.
Schmidt discloses a facemask having transverse portions integrally connected
(60) to the laterally-extending portions to the at least one second bar, col. 4, lines 46-64
and as shown in figure 6.
It would have been obvious to one skilled in the art before the effective date of the claimed invention that each of the transverse portion projecting downwardly of the first two bars of Jurga defining bars (245, 265) being integrally connected to the laterally-extending portions as taught by Schmidt to the at least one second bar (230) on left and rights sides of the faceguard in order to make the connection smooth and reliable or as required for a particular application thereof.
With regard to claims 9 and 13, it would have been obvious to one
skilled in the art before the effective date of the claimed invention that the headband of
Jurga when viewed with Schmidt having a plate connected to a lower portion of the
faceguard distal from the headband (110) encircling the head and configured to support a
chin guard/pad (140) when viewed with Schmidt will substantially protect the chin and
side portions of the face when the device is worn.
With regard to claim 11, subparagraph 33 of Jurga discloses the headband (110)
having an inner cushioning layer (112). Therefore, it would have been obvious to one
skilled in the art before the effective date of the claimed invention that the headband
(110) with the inner cushioning layer (112) of Jurga when viewed with Schmidt includes
flexible portions configured to engage sides of the head to absorb force of impact or
depending on end use thereof.
Furthermore, with regard to claim 23, the limitation therein are met by
Jurga ‘ 525 when viewed with Schmidt ‘163 as discussed above in paragraph 2.
With regard to claim 25, it would have been obvious to one skilled in the art
before the effective date of the claimed invention that the elastic strap system of Jurga
when viewed with Schmid having a harness (120) on a rear part of the head opposite the
front part of the head connected to the headband can include but not limited to one or
straps connected to the headband and extending rearwardly so that the device is
adjustably worn about different sized head or depending on end use thereof.
With regard to claim 26, it would have been obvious to one
skilled in the art before the effective date of the claimed invention that the headband
of Jurga when viewed with Schmidt substantially encircles the head when the device is
worn.
Allowable Subject Matter
Claims 2-8, 12 and 24 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. Claims 2 and 12 with its
respective dependents are allowable because the prior art does not teach or suggest the
recitation therein including a mask with a faceguard having each of the first bar of two
bars with a laterally extending portion and a transverse portion projecting downwardly
form the laterally extending portion and the transverse portions connect the laterally
extending portions to a second bar in combination two arms projected from a headband
that extends behind the ears.
Claim 14 with is respective dependents are allowable because the prior art does
not teach or suggest the recitation therein including a mask including a faceguard
attached to a headband with the faceguard having a pair of laterally- opposed first
bars, wherein each first bar comprises a laterally-extending portion and a transverse
portion extending transversely relative to the laterally-extending portion; and a laterally
and downwardly extending second bar positioned at least partially below each laterally-
extending portion; and one or more straps connected to the first portion of the headband
or the flexible portion in combination two flexible portions projecting from the first
portion to extending behind the ears.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure. Each of the prior art references cited on PTO-892 discloses a headgear having
a facemask attached thereto.
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January 13, 2026 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732