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 Amendment
This is in response to amendment received on 05/14/26. Claim 1 has been amended and claims 5-10 have been newly added.
Double Patenting
The terminal disclaimer filed on 05/14/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 11,452,327 and US 12,268,265 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: support needs to be provided for the limitations “each of the first pair of external slots of the front receptacle is a receiver slot flanked by raised walls” (claim 1), “configured to be engaged by a vertical downward movement of an accessory device to engage the accessory device in the front receptacle”(claim 5), “configured to be engaged by a vertical downward movement of an accessory device to engage the accessory device in the rear receptacle”(claim 5), “wherein the front receptacle includes a stop surface”(claim 5), “the stop surface is integrally molded with the exterior surface of the outer shell”(claim 9), and “wherein the stop surface comprises a protruding member that engages a clip of the accessory device to releasable mount the accessory device in the front receptacle”(claim 10).
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 1-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, it is unclear what structure is required to read on “wherein each of the first pair of external slots of the front receptacle is a receiver slot flanked by raised walls”, the specification fails to define what portions or parts of the walls are doing the flanking of the receiver slot, it is unclear what is required of the walls to flank the slot on each of the slots.
Regarding claim 5, it is unclear if the accessory is being claimed and therefore what the “system” is, is claim 5 only requiring a helmet? If so, it is not a system and would be a different invention that that originally presented and examined. When the accessory is presented it is not positively recited, but then the claim appears to be positively reciting the accessory in the last paragraph defining further structure and functional relationship with the helmet and receptacles. It is unclear what is required to read on the claim and if the accessory is or is not required.
Regarding claim 5, it is unclear what is required of the receptacles to read on the limitation(s) “configured to be engaged by vertical downward movement of an accessory device to engage the accessory device in the front/rear receptacle”, the specification fails to mention what this and what it would require of the receptacles structurally.
Regarding claim 5, it is unclear what a “stop surface” is or what it requires structurally. The specification fails to mention a “stop surface”, there is only reference to a “stop”, but it is unclear if a stop and stop surface are the same structure or not based upon applicant’s disclosure.
Regarding claim 8, it is unclear how you can have a second accessory, when an accessory is not positively being recited in the preceding claims. It is unclear how many accessories are required to read on the claim.
Regarding claim 10, it is unclear if the accessory and positively recited clip are required to read on the claim, since the accessory does not appear to be positively recited in claim 5, from which claim 10 depends.
Any remaining claims are rejected depending from a rejected base claim.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duderstadt (US 9,047,790) in view of Ramey (US 2019/0008228).
In regard to claim 1, Duderstadt teaches a safety helmet system, comprising: a safety helmet comprising: a molded outer shell adapted to be worn by a user (helmet in figures 8-10 and figures 12-15), the outer shell having an exterior surface defining a front side, a rear side, and a brim extending forwardly from the front side (see figures 8-10 and figures 12-15 detailing front, rear, brim and exterior surface); a front receptacle having a first pair of external slots and a stop (figures 1A-7 slots: 11, 13 or figures 16-18 slots: 39, 41 and stop: convex surface of front face: 3; column 3, lines 32-47 or convex surfaces 35, 36, 37 column 7, lines 52-62), wherein each of the pair of external slots extending upwardly along the front side of the outer shell and the stop is disposed between the first pair of external slots (see figures 1-3, 6 or 17 and slots in relation to front convex face/surfaces), and wherein the stop is integrally molded with the exterior surface of the outer shell (front convex face: 3 or inner curved surface: 35 and 36 and/or 37; column 3, lines 21-24 or column 7, lines 52-62); and an accessory device having a mating receptacle formed thereon (accessory is implement as described in column 7, lines 9-11 with attached rigid cardstock item: column 7, lines 9-18, the mating receptacle being the sides of the cardstock), at least a portion of the mating receptacle being selectively engageable with the at least one receptacle (column 7, lines 9-18); wherein each of the first pair of external slots of the front receptacle is a receiver slot flanked by raised walls (figures 1A-7 slots: 11, 13 or figures 16-18 slots: 39, 41; raised walls are outer most and inner most walls of 21, 23, 33, 34, 35, 37); wherein the stop comprises a protruding member (stop protruding member is convex surface of front face: 3; column 3, lines 32-47 or convex surfaces 35, 36, 37 column 7, lines 52-62); wherein the accessory device includes a clip (accessory device column 7, lines 9-11 includes a clip: rigid cardstock item: column 7, lines 9-18); and wherein each of the receiver slots aligns the clip therein column 3, lines 21-24 or column 7, lines 52-62), the raised walls retain the clip (column 3, lines 21-24 or column 7, lines 52-62), and the protruding member engages the clip to releasably mount the accessory device in the front receptacle (protruding member is convex surface 3 or 35, 36, 37 and clip is rigid cardstock item).
However, Duderstadt fails to teach a rear receptacle disposed on the rear side on the exterior surface of the outer shell, the rear receptacle having a second pair of external slots; and the accessory device’s mating receptacle being selectively engageable with the front receptacle or the rear receptacle such that the accessory device is releasably mountable onto each of the front receptacle and the rear receptacle.
Ramey teaches a safety helmet with identical receptacles on the front and rear side of the outer shell to universally attach accessories for mounting on the helmet on the front or rear receptacles (paragraphs 0012, 0080 and Figures 2A, 2B).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the safety helmet of Duderstadt with an identical rear receptacle as taught by Ramey, since the helmet of Duderstadt provided with both front and rear receptacles would provide multiple locations to attach items to the helmet as desired based upon need.
In regard to claim 2, Duderstadt teaches wherein the outer shell, the front receptacle, and the rear receptacle are formed from a common material (column 3, lines 22-25).
In regard to claim 3, Duderstadt teaches wherein the common material is plastic (column 3, lines 22-25).
In regard to claim 4, Ramey teaches further including a second accessory device having a second mating receptacle formed thereon, at least a portion of the second accessory device being releasably mountable onto each of the front receptacle or the rear receptacle on the exterior of the outer shell (paragraph 0012 and 0080).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the safety helmet of Duderstadt with a secondary accessory device as taught by Ramey, since the helmet of Duderstadt provided with a secondary accessory device would provide two accessories attachable to the helmet at the same time.
In regard to claim 5, Duderstadt teaches a safety helmet system, comprising: a safety helmet comprising: a molded outer shell adapted to be worn by a user (helmet in figures 8-10 and figures 12-15), the outer shell having an exterior surface defining a front side and a rear (see figures 8-10 and figures 12-15 detailing front, rear); a front receptacle disposed on the front side of the exterior surface of the outer shell (figures 1A-7 slots: 11, 13 or figures 16-18 slots: 39, 41 and stop: convex surface of front face: 3; column 3, lines 32-47 or convex surfaces 35, 36, 37 column 7, lines 52-62), and configured to be engaged by vertical downward movement of an accessory device to engage the accessory device in the front receptacle (see figures 1-3, 6 or 17 and slots in relation to front convex face/surfaces and accessory is implement as described in column 7, lines 9-11 with attached rigid cardstock item: column 7, lines 9-18, the mating receptacle being the sides of the cardstock), wherein the receptacle includes a stop surface (front convex face: 3 or inner curved surface: 35 and 36 and/or 37; column 3, lines 21-24 or column 7, lines 52-62); and wherein the accessory device has a mating receptacle formed thereon (accessory is implement as described in column 7, lines 9-11 with attached rigid cardstock item: column 7, lines 9-18, the mating receptacle being the sides of the cardstock), at least a portion of the mating receptacle being selectively engageable with the front receptacle such that the stop surface engages the mating receptacle, and the accessory device is releasably mountable onto the front receptacle (column 3, lines 21-24 or column 7, lines 52-62), and the protruding member engages the clip to releasably mount the accessory device in the front receptacle (protruding member is convex surface 3 or 35, 36, 37 and clip is rigid cardstock item)).
However, Duderstadt fails to teach a rear receptacle disposed on the rear side on the exterior surface of the outer shell and configured to be engaged by vertical downward movement of the accessory device to engage the accessory device in the rear receptacle.
Ramey teaches a safety helmet with identical receptacles on the front and rear side of the outer shell to universally attach accessories for mounting on the helmet on the front or rear receptacles (paragraphs 0012, 0080 and Figures 2A, 2B).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the safety helmet of Duderstadt with an identical rear receptacle as taught by Ramey, since the helmet of Duderstadt provided with both front and rear receptacles would provide multiple locations to attach items/accessories in a vertical downward movement to the helmet as desired based upon need.
In regard to claim 6, Duderstadt teaches wherein the outer shell, the front receptacle, and the rear receptacle are formed from a common material (column 3, lines 22-25).
In regard to claim 7, Duderstadt teaches wherein the common material is plastic (column 3, lines 22-25).
In regard to claim 8, Ramey teaches further including a second accessory device having a second mating receptacle formed thereon, at least a portion of the second accessory device being releasably mountable onto each of the front receptacle or the rear receptacle on the exterior of the outer shell (paragraph 0012 and 0080).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the safety helmet of Duderstadt with a secondary accessory device as taught by Ramey, since the helmet of Duderstadt provided with a secondary accessory device would provide two accessories attachable to the helmet at the same time.
In regard to claim 9, Duderstadt teaches wherein the stop surface is integrally molded with the exterior surface of the outer shell (column 4, lines 60-67 through column 5, lines 1-3).
In regard to claim 10, Duderstadt teaches wherein the stop comprises a protruding member that engages a clip of the accessory device to releasably mount the accessory device in the front receptacle (protruding member is convex surface 3 or 35, 36, 37 and clip is rigid cardstock item).
Response to Arguments
Applicant's arguments filed 05/14/26 have been fully considered but they are not persuasive.
Applicant remarks that Duderstadt fails to teach a “stop” as claimed and that the stop/protruding member of Duderstadt is not bumps, tabs, lugs, protrusions, holes or other features or indentations.
Duderstadt teaches the stop, which is further claimed by Applicant to comprise a protruding member, as the convex surface of the front face 3 or 35, 36, 37 (column 3, lines 32-47 or column 7, lines 52-62, which is a protruding member). The convex surface of the front face in some embodiments can only be a selected portion of the front face, the convex surface functions cooperatively with the card to rigidly maintain it in place within the receptacle (column 3, lines 32-47). It is noted that Applicant does not claim any bumps, tabs, lugs, protrusions, holes or indentations, just a protruding member that is named a stop.
Applicant argues that Duderstadt fails to teach a clip as claimed.
The clip of Duderstadt is the rigid cardstock that is attached to the item/accessory device to be held on the head wear (accessory device column 7, lines 9-11 includes a clip: rigid cardstock item: column 7, lines 9-18). A clip is a device to hold objects together, the rigid cardstock item of Duderstadt holds an accessory device/item to the head wear (column 7, lines 9-18). The claims do not define the clip with any structural details that get around the card stock of Duderstadt.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
Prosecution Insights