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 Application filed on 3/20/2025 in which claims 1-14 were presented for examination.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “pivotally coupled” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 9 is objected to because of the following informalities: recites “a body” change to –the body--. 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 3-4 and 10-11 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 3-4 and 10-11 are claiming that the protector extends along the entire length of the edge and portion of the edge, it is unclear if the protector extends along the entire length or portion of it.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, these claims recite human body parts, of which limitations positively reciting non-statutory subject matter.
Claims 1 and 8 change “”to protect a nose” to –is configured to protect--. And “to receive a head” to –for receiving a head--.
Claims 2-7 and 9-14 are rejected because they depend directly or indirectly on rejected claims.
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 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alessi et al. (U.S. Patent No. 2014/0157474 A1).
Regarding claims 1 and 5, Alessi et al. “Alessi” discloses a visor for a helmet (See Fig. 1), comprising:
a transparent structure (13) having a pair of lateral edges (upper edge adjacent the forehead of the wearer and a lower edge adjacent the nose of the wearer when worn); and
a protector (18) coupled to one of the pair of lateral edges of the transparent structure (Fig. 1 illustrates that the protector is coupled the lower edge adjacent the nose of the wearer), wherein the protector is made of soft material (para. 0030 describe that the material is rubber which was considered as soft) (capable) to protect a nose or chin of a user from any potential cut (when worn).
Regarding claims 2 and 9, Alessi discloses a visor wherein the transparent structure (13) is pivotally coupled to a body of the helmet (Figs. 3 and 4 illustrates that the transparent structure is pivotally coupled to the body of the helmet).
Regarding claims 3 and 10, Alessi discloses a visor wherein the protector (18) extends along an entire length of the one of the pair of lateral edges of the transparent structure (See Fig. 1 wherein the length is the length where the protector is present).
Regarding claims 4 and 11, Alessi discloses a visor wherein the protector (18) extends along a portion of the one of the pair of lateral edges of the transparent structure (as shown in Fig. 1 wherein the protector extends only on the lower edge but not on the upper edge).
Regarding claims 6 and 13, Alessi discloses a visor wherein the protector (18) is made of polyurethane, silicon, natural rubber, styrene-butadiene rubber, butyl rubber, nitrile rubber, neoprene rubber, ethylene propylene diene monomer, hydrogenated nitrile rubber, fluoro-silicone rubber, or any combination thereof (para. 0033 discloses rubber).
Regarding claims 8 and 12, Alessi et al. “Alessi” discloses a helmet (See Fig. 1), comprising:
a body (10) defining a cavity (12) to receive a head of a user (para. 0030); and
a transparent structure (13) having a pair of lateral edges (upper edge adjacent the forehead of the wearer and a lower edge adjacent the nose of the wearer when worn); and
a protector (18) coupled to one of the pair of lateral edges of the transparent structure (Fig. 1 illustrates that the protector is coupled the lower edge adjacent the nose of the wearer), wherein the protector is made of soft material (para. 0030 describe that the material is rubber which was considered as soft) (capable) to protect a nose or chin of a user from any potential cut (when worn).
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 of this title, 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 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Alessi et al. (U.S. Patent No. 2014/0157474 A1).
Regarding claims 7 and 14, Alessi discloses a visor wherein a thickness of the protector (18) is between 1-0.5 inches (25.4 millimeter and 6.35 millimeters).
Alessi does not disclose that the thickness of the protector is between 1 millimeter and 5 millimeters.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the protector thickness between 1 millimeter and 5 millimeters in order to customize the intended use of the device, for example a protector made for a hockey helmet may require thicker protector that a device made for bicycle helmet, since where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered (See PTO-892) pertinent to applicant's disclosure.
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/KHALED ANNIS/ Primary Examiner, Art Unit 3732