DETAILED ACTION
A power of attorney is of record for this application, filed 2/24/2025.
This Office Action acknowledges the pre-amendment of 8/14/25. Claims 17-40 are canceled and claims 1-16 are pending.
Information Disclosure Statement
The IDS of 8/14/25 was considered by the Examiner. Note that the first reference under the US Patent Application Publications heading has been changed by the Examiner to reflect the correct Publication number.
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.
Claims 9, 15, and 16 are rejected under 35 U.S.C. 102a(1) as being anticipated by Maloney (U.S. 2021/0100309). Maloney discloses the invention as claimed. Maloney teaches a rear support (Fig.4) of a helmet closure system, the rear support comprising: a frame 54 having an upper end and a lower end, the lower end including a base member 18 (base of dial lace tightening mechanism) of a reel based closure device; a pair of arms 70 that are attached to the frame at the upper end thereof, each arm of the pair of arms including one or more guides 64k (par.83 discloses left sliding lace guide 64k not shown) that are configured to direct or route a tension member 20 along a path; and attachment means 16c that are positioned at the upper end of the frame, the attachment means 16c enabling the rear support to be coupled with a helmet; wherein a lower end of each arm is separated from the lower end of the frame as in Figure 4.
For claims 15 and 16, the attachment means 16c are positioned on a thin rectangularly shaped segment that extends from the upper end of the frame as in Figure 4 and the attachment means comprise hook and loop fastener (par.61).
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 (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 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, 3, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Maloney ‘309 in view of Robbins et al. (U.S. 2023/0180878). Maloney discloses the invention substantially as claimed. Maloney teaches a rear support (Fig.4) of a helmet closure system, the rear support being positionable at a rear of a helmet and configured to engage a back of a wearer’s head, the rear support comprising a central frame 54 having an upper end and a lower end, the lower end including a base member 18 of a reel based closure device (base of dial lace tightening mechanism), a pair of arms 70 that are attached to the central frame, each arm of the pair of arms including one or more guides 64k (par.83 discloses left sliding lace guide 64k not shown) that are configured to direct or route a tension member 20 of the reel based closure device along a path; and attachment means 16c that are positioned at the upper end of the central frame 54, the attachment means 16c enabling the rear support to be coupled with the helmet; wherein: each arm 70 of the pair of arms is attached to the central frame only at the upper end so that the lower end of the central frame is separated from a lower end of each arm; each arm of the pair of arms includes a distal end that extends away from the central frame so as to encircle a portion of the wearer’s head when the helmet is being worn (Figure 4 shows arm 70 extending laterally from the frame to encircle a portion of the wearer’s head). However, Maloney doesn’t teach the central frame and pair of arms are formed of thin and flat polymer materials that enable the central frame and pair of arms to lie flat against and conform to the back of the wearer’s head. Robbins teaches an analagous rear support 200’ (par.25) including a frame and pair of arms 201’ formed from thin polymer materials to enable the central frame and pair of arms to lie flat and conform to the back of the wearer’s head. The material is considered as flat as flat is a term of degree and Fig.3A shows the rear support material as flat. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Maloney’s central frame and pair of arms to form of thin and flat polymer materials that enable the central frame and pair of arms to lie flat against and conform to the back of the wearer’s head, as Robbins teaches the material is durable and flexible.
For claims 7 and 8, Maloney teaches the attachment means 16c are positioned on a thin rectangularly shaped segment that extends from the upper end of the central frame as in Figure 4 and the attachment means comprise one or more bosses or posts, grooves or recesses, a hook and loop fastener, a magnet, a button, or an adhesive as in par.61 (“hook and loop connectors”).
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Maloney ‘309 in view of Robbins ‘878 as applied to claim 1 above, and further in view of Workman et al. (U.S. 5,794,272). Maloney discloses the invention substantially as claimed but doesn’t teach the central frame and the pair of arms are curved in a first plane and are curved in a second plane that is orthogonal to the first plane. Workman teaches a helmet with a rear support 3 having a central frame 50 and pair of arms 52,54 and the central frame and pair of arms are curved in a first plane as Workman teaches in col.7, lines 33-51 the central frame/base 50 has curve or bend 36 to curve around the occipital region of the user’s head to assist in positioning the rear straps of the helmet retention system below the occipital protuberance of the user’s head and the curve biases the frame toward the front of the helmet such that the rear support partially cradles or conforms to the back of the user’s neck or head without requiring the user to snug the retention straps. The pair of arms and central frame are curved in a second plane as Figure 2B shows the central frame and pair of arms curving from the rear of the user’s head toward the front of the user’s head. Workman doesn’t disclose the second plane is orthogonal to the first plane; however the degree of curvature can be modified as for a customized fit to a specific user’s head to achieve the claimed orthogonal relationship between the first and second plane. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Maloney such that the central frame and the pair of arms are curved in a first plane and are curved in a second plane that is orthogonal to the first plane, as Workman teaches the central frame and pair of arms curved in a first plane and a second plane to accommodate the anatomical features of the user’s head and to bias the rear support and tension member toward a front of the helmet and the orthogonal relationship is expected to further support the biased orientation of the frame, arms and tension member.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Maloney ‘309 in view of Workman ‘272. Maloney discloses the invention substantially as clamed but doesn’t teach the frame and the pair of arms are curved in a first plane and in a second plane. Workman teaches a helmet with a rear support 3 having a central frame 50 and pair of arms 52,54 and the central frame and pair of arms are curved in a first plane as Workman teaches in col.7, lines 33-51 the central frame/base 50 has curve or bend 36 to curve around the occipital region of the user’s head to assist in positioning the rear straps of the helmet retention system below the occipital protuberance of the user’s head and the curve biases the frame toward the front of the helmet such that the rear support partially cradles or conforms to the back of the user’s neck or head without requiring the user to snug the retention straps. The pair of arms and central frame are curved in a second plane as Figure 2B shows the central frame and pair of arms curving from the rear of the user’s head toward the front of the user’s head. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Maloney’s frame and pair of arms are curved in a first plane and in a second plane as Workman teaches the central frame and pair of arms curved in a first plane and a second plane to accommodate the anatomical features of the user’s head and to bias the rear support and tension member toward a front of the helmet.
Allowable Subject Matter
Claims 4-6 and 11-14 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 4 and 5 recite the second arm segment is attached to the first arm segment near a midpoint thereof and the second arm segment extends from the first arm segment toward the lower end of the central frame so that an end of the second arm segment is vertically separated from the first arm segment. Claim 6 recites the second arm segment attached to the first arm segment at a distal end thereof, and the second arm segment extends from the first arm segment away from the central frame so that an end of the second arm segment is horizontally separated from the first arm segment. Claims 12 and 13 recite the second arm segment is attached to the first arm segment near a midpoint thereof, and the second arm segment is vertically separated from the first arm segment. Claim 11 recites each arm of the pair of arms includes a gap between a first arm segment and a second arm segment. Claim 14 recites the second arm segment is attached to the first arm segment at a distal end thereof.
Conclusion
Any inquiry concerning this communication or earlier communications should be directed to Primary Examiner Katherine Moran at (571) 272-4990 (phone). Please note that any internet communication directed to katherine.moran@uspto.gov requires prior submission of an Authorization for Internet Communications form (PTO/SB/439). The examiner can be reached on Monday-Thursday from 9:00 am to 6:00 pm, and alternating Fridays.If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Khoa Huynh, may be reached at (571) 272-4888. The official and after final fax number for the organization where this application is assigned is (571) 273-8300. General information regarding this application and
questions directed to matters of form and procedures may be directed to the PTO Contact
Center/Inventors Assistance Center at (800) 786-9199/571-272-1000. Information regarding the status
of an application may be obtained from the Patent Application Information Retrieval (PAIR) system.
Status information for published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only. For questions on
access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
free).
/KATHERINE M MORAN/ Primary Examiner, Art Unit 3732