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 .
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.
DETAILED ACTION
This is in response to an amendment filed on 2/17/2026 in which claims 1-19 were presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/17/2025 was considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Species A (Figs. 1-3 and 6) in the reply filed on 2/17/2026 is acknowledged. The applicant argument was found persuasive, therefore, the election requirement is hereby withdrawn.
Claim Objections
Claims 2-19 recite “A full-face helmet” change to –The full-face helmet-- objected. Appropriate correction is required.
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.
Claims 10-17 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 pre-AIA the applicant regards as the invention.
Claims 10-17 are indefinite because it is unclear if the helmet has the magnet system with the clip system at the same time or that is a separate system meaning the magnet system OR the clip system. The figures points to having only one system. If they are one or the other then the clip cannot depend from claim 1 which is directed to the magnet system only.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JWA (U.S. Pub. No. 2020/0178639 A1).
Regarding claim 1, Jwa discloses a full-face helmet (See Fig. 1) (capable) for use in sport comprising
a rigid outer shell (200) for fitting about a top, back and sides of a user's head (because as shown in Fig. 1 it is a full head helmet),
a detachable chin guard (300) (capable) for partially covering the user's face (when worn), the detachable chin guard (300) being magnetically connected to sides of the rigid outer shell (see Figs.2-3 and para. 0061 describing the use of magnets 1300 and 1400),
at least one magnet being mounted on each side of the rigid outer shell and chin guard (1300, 1400 as described in para. 0061 and shown in Figs. 2-3),
in which the at least one magnet on each side of the rigid outer shell is provided on an outer surface of each side of the rigid outer shell (See para. 0061 and Fig. 3), and
in which the at least one magnet on each side of the chin guard is provided on an inner surface of the chin guard (See para. 0061 and Fig. 3).
Regarding claim 6, Jwa discloses a full-face helmet in which the at least one magnet of the chin guard is in a complementary position to a magnet on a corresponding side of the rigid outer shell (See Fig. 3 and para. 0061).
Regarding claim 19, Jwa discloses a full-face helmet the recitation “in which a portion of edge surfaces of the chin guard and rigid outer shell abut to enable transfer of impact forces between them” is considered functional, the device of the prior art discloses substantially all the claimed structural elements of claim 1 and therefore it is fully capable to perform the claimed function.
Allowable Subject Matter
Claims 2-5 and 7-18 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.
Conclusion
The prior art made of record and not relied upon is considered (See PTO-892) pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHALED ANNIS whose telephone number is (571)270-1563. The examiner can normally be reached Monday-Friday 8 am-5 PM EST.
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/KHALED ANNIS/ Primary Examiner, Art Unit 3732
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