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 3/21/2025 in which claims 1-20 were presented for examination.
Claim Objections
Claim 20 is objected to because of the following informalities: claim 20 is claiming the same exact limitation as in claim 19, both depends from claim 16. It is recommended to cancel one of them. Appropriate correction is required.
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 8-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aileo et al. (U.S. Patent No. 3,994,023).
Regarding claim 1, Aileo et al. “Aileo” discloses an adjustable headwear suspension (See Figs. 1-2 identifier 24) comprising:
a plurality of straps (90, 92, 94);
wherein the plurality of straps (90, 92, 94) are fixed together at intermediate points of each strap (as shown in Fig. 2 through the use of the slits, i.e. identifier 100);
wherein each strap includes a pair of engagement (110) features of a first type arranged at opposing ends of each respective strap (As shown in Fig. 1 which is the loop type that is considered the first type);
wherein each strap includes a pair of engagement features (108) of a second type (hook type which considered as the second type, as shown in Fig. 1), each of the engagement features of the second type being arranged between one of the engagement features of the first type and the intermediate point of the respective strap (See Figs. 1-2); and
wherein each of the engagement features of the first type are (110 loop type) configured (capable) to detachably fasten to one of the engagement features of the second type (as shown in Fig. 1 illustrating the end of the strap is folded therefore both hook and loop are detachably fastened).
Regarding claim 2, Aileo discloses an adjustable headwear suspension wherein the intermediate points of each strap is at a center of each respective strap (See Fig. 2).
Regarding claim 3, Aileo discloses an adjustable headwear suspension wherein each engagement feature of the first type comprises a plurality of hooks, and wherein each engagement feature of the second type comprises a plurality of loops (See Figs. 1-2 which is the Velcro system known for having plurality of hooks and loops).
Regarding claim 4, Aileo discloses an adjustable headwear suspension wherein each engagement feature of the first type (110) comprises a plurality of loops (See Fig. 1), and wherein each engagement feature of the second type (108) comprises a plurality of hooks (See Fig. 1).
Regarding claim 5, Aileo discloses an adjustable headwear suspension wherein the plurality of straps comprises two straps (90, 92).
Regarding claim 6, Aileo discloses an adjustable headwear suspension wherein the plurality of straps comprises three straps (90, 92, 94).
Regarding claim 8, Aileo discloses an adjustable headwear suspension wherein at least one engagement feature of each strap (108) is fixed to the respective strap with a double stitch reinforcement (Fig. 1 illustrates that the engagement feature is stitched in a rectangular dotted lines, the two parallel dotted lines of the stitching is considered the claimed double stitch reinforcement).
Regarding claim 9, Aileo discloses an adjustable headwear suspension wherein terminal ends of each strap have one or more pointed ends (wherein the two corners of the straps were considered pointed ends).
Regarding claim 10, Aileo et al. “Aileo” discloses a headwear (See Figs. 1-2 identifier 10) comprising:
an outer covering (12); and
an adjustable suspension (24);
wherein the adjustable suspension (24) is configured (capable) to adjust between a plurality of fit positions (by manipulating the hook and loop fastening system indicated by 108, 110); and
wherein the outer covering (12) sits at a different height on a head of a user in either an upward direction and/or a downward direction for each of the plurality of fit positions when the headwear is worn by the user (by adjusting the height of the straps (90, 92, 94) ends that has hook and loop fasteners).
Regarding claim 11, Aileo discloses a headwear wherein the outer covering is a hard hat (See Fig. 4).
Regarding claim 12, Aileo discloses a headwear wherein the headwear is a fire helmet (when worn by a firefighter).
Regarding claim 13, Aileo discloses a headwear wherein the adjustable suspension (24) includes at least one engagement feature comprising a plurality of hooks (108), and wherein the adjustable suspension (24) includes at least one engagement feature of a second type comprising a plurality of loops (110) (as shown clearly in Fig. 1).
Regarding claim 14, Aileo discloses a headwear wherein the at least one engagement feature of the first type (108) and the at least one engagement feature of a second type (110) are configured (capable) to detachably fasten at a plurality of different positions in order to achieve the plurality of different fit positions of the adjustable suspension (because they are the hook and loop fastening system known commercially as Velcro that is a detachably connecting fastening system).
Regarding claim 15, Aileo discloses a headwear wherein the adjustable suspension (24) comprises a single strap (90).
Regarding claim 16, Aileo et al. “Aileo” discloses an adjustable headwear suspension (See Figs. 1-2 identifier 24) comprising:
a central part (See Fig. 2 which is the part where the three straps intersect at the middle point of the strap); and
a plurality of straps connected to the central part;
wherein each strap (90, 92, 94) includes an engagement feature of a first type (108);
wherein each strap includes an engagement feature of a second type (110), each of the engagement features of the second type being arranged between the respective engagement feature of the first type and the central part (See Figs. 1-2); and
wherein each of the engagement features of the first type (108) are configured (capable) to detachably fasten to the respective engagement feature of the second type (110) (because it is the hook and loop fastening system known commercially as Velcro).
Regarding claim 17, Aileo discloses an adjustable headwear suspension wherein each engagement feature of the first type (108) comprises a plurality of hooks (See Fig. 1), and wherein each engagement feature of the second type (110) comprises a plurality of loops (See Fig. 1).
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 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Aileo et al. (U.S. Patent No. 3,994,023).
Regarding claims 7 and 19-20, Aileo discloses an adjustable headwear suspension wherein the plurality of straps comprises three straps (90, 92, 94).
Aileo does not explicitly disclose that the plurality of straps comprises four straps.
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 four straps in order to enhance securement of the helmet on the head of the wearer and for better fit, since a mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co. 193 USPQ 8. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations.
Regarding claim 18, Aileo discloses an adjustable headwear suspension wherein each engagement feature of the first type comprises a plurality of hooks, and wherein each engagement feature of the second type comprises a plurality of loops.
Aileo does not disclose that the first type is the loops type and the second type is the hooks type.
However, an ordinary skill in the art before the effective filing date of the claimed invention to reverse the types having the first type as loops and the second type as hooks in order to customize the preference of the user, since a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. 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
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