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 .
Status of the Claims
This action is in response to the applicant’s filing on February 27, 2025. Claims 1- 22 are pending and examined below.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. § 119(a)-(d), which papers have been placed of record in the file.
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in The Republic of Italy on September 02, 2022.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on February 27, 2025 has/have been considered by the Examiner.
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.
Claim 13 (and the claims that depend therefrom) 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.
Claim 13 recites the limitation "a groove facing the slot " and specifically “the slot”. There is insufficient antecedent basis for this limitation in the claims filed February 27, 2025.
Applicant is respectfully requested to refer back to prior introduced limitations using the term “the” or “said”; or, to introduce new limitations using distinguishing terminology (e.g. “a slot”). For examination purposes “the slot” in claim 13 was interpreted as “a slot” of claim 1 from which it indirectly depends.
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 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.
(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.
Claim 1-2, 4, 6-8, 12, 14, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent No. US 6,009,561 Bullock et al., (herein after "Bullock").
As to Claim 1, Bullock discloses a protective helmet (helmet 10; Bullock) adapted to be worn by a user and to protect the head of the user against impacts, the protective helmet (helmet 10; Bullock) comprising:- a rigid outer shell (shell 16; Bullock) delimiting an inner space designed for housing the head of user, the outer shell (shell 16; Bullock) comprising a front opening (Figure 1B; Bullock); at least one appendage (visor 20; Bullock) attached to the outer shell (shell 16; Bullock);- attachment means (attachment protrusion 28; Bullock ~ regarding a plurality of attachment means (plurality) for attaching said at least one appendage (visor 20; Bullock) to the outer shell (shell 16; Bullock) wherein characterized in that said attachment means (attachment protrusion 28; Bullock) are adapted to removably attach the at least one appendage (visor 20; Bullock) to the outer shell (shell 16; Bullock) (Col. 4, Lines 1-9; Bullock ~regarding wherein characterized in that said attachment means being adapted to removably attach to at least one appendage); and comprise a plurality of male connectors (attachment protrusion 28; Bullock) (Col. 4, Lines 10-30; Bullock ~ regarding a plurality of attachment means both male and female) and a plurality of female connectors (clutch assemblies 30; Bullock), each of said female connectors (clutch assemblies 30; Bullock) comprising an inner housing (Figures 3B & 6A; Bullock) for the respective male connector (attachment protrusion 28; Bullock).
As to Claim 2, Bullock discloses the protective helmet according to claim 1, wherein each female connector (clutch assemblies 30; Bullock) comprising a slot (Figures 3B & 6A; Bullock) for the passage and the disengagement of the respective male connector (attachment protrusion 28; Bullock) from the respective female connector (clutch assemblies 30; Bullock) in case of impact (Figure 6A; Bullock).
As to Claim 4, Bullock discloses the protective helmet according to claim 1 wherein said at least one appendage (visor 20; Bullock) is a visor (visor 20; Bullock)(Figure 1B; Bullock).
As to Claim 6, Bullock discloses the protective helmet according to claim 1, wherein said male connector (attachment protrusion 28; Bullock) are arranged on the at least one appendage (visor 20; Bullock) and said female connectors (clutch assemblies 30; Bullock) are arranged on the outer shell (shell 16; Bullock)(Col. 4, Lines 15-30; Bullock ~ regarding wherein said male connector are arranged on the at least one appendage (visor 20; Bullock) and said female connectors (clutch assemblies 30; Bullock) are arranged on the outer shell).
As to Claim 7, Bullock discloses the protective helmet according to claim 6, wherein each female connector (clutch assemblies 30; Bullock) comprises a main body (clutch assemblies 30; Bullock) extending along a longitudinal axis and a transverse plate, the slot being opened at one side of the main body and of the plate and the corresponding inner housing being formed in the main body (Figure 6A; Bullock, , wherein each female connector (clutch assemblies 30; Bullock) comprises a main body (clutch assemblies 30; Bullock) extending along a longitudinal axis and a transverse plate, the slot being opened at one side of the main body and of the plate and the corresponding inner housing being formed in the main body).
As to Claim 8, Bullock disclose the protective helmet according to claim 6, wherein each of said male connector (attachment protrusion 28; Bullock) is a pin element designed to be inserted in the corresponding inner housing (Figure 3B; Bullock teaching wherein each of said male connector is a pin element designed to be inserted in the corresponding inner housing) (Figures 3B & 6A; Bullock).
As to Claim 12, Bullock discloses the protective helmet according to claim 1, wherein the outer shell (shell 16; Bullock) comprises a plurality of seats (cap member 40; Bullock), each of said female connectors (clutch assemblies 30; Bullock) being positioned in a respective seat (cap member 40; Bullock)(Figure 3B and Col. 4, Lines 15-30; Bullock ~ regarding comprising a plurality of seats (cap member 40; Bullock), each of said female connectors (clutch assemblies 30; Bullock) being positioned in a respective seat.)
As to Claim 14, Bullock discloses the protective helmet according to claim 1, wherein said female connectors (clutch assemblies 30; Bullock) are made of elastic material (Col. 5 and Lines 1- 27 Bullock ~ regarding being made of elastic material (plastic and rubber. Examiner notes that Applicant’s disclosure on page refers to an elastic material as a soft plastic).
As to Claim 16, Bullock discloses the protective helmet according to claim 2, wherein said at least one appendage (visor 20; Bullock) is a visor (visor 20; Bullock)(Figure 1B; Bullock).
As to Claim 18, Bullock discloses the protective helmet according to claim 7, wherein each of said male connector (attachment protrusion 28; Bullock) is a pin element designed to be inserted in the corresponding inner housing (Figure 3B; Bullock teaching wherein each of said male connector is a pin element designed to be inserted in the corresponding inner housing) (Figures 3B; Bullock).
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3, 5, 9-11, 13, 15, 17, and 19 - 22 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 6,009,561 Bullock et al., (herein after "Bullock") as to claim 1 above, in view of United States Patent Application Publication No. US 2017 /0055620 A1 to Shida et al., (herein after "Shida”).
As to Claim 3, Bullock discloses the protective helmet according to claim 1 wherein said at least one appendage (visor 20; Bullock) but fails to disclose being an aerodynamic appendage chosen in the group comprising rear spoilers and side wings (Paragraph 0047; Shida teaching rear spoiler 3 and aerodynamic control device).
Shida teaches aerodynamic control device and helmet and discloses being an aerodynamic appendage chosen in the group comprising rear spoilers (Paragraph 0047; Shida teaching rear spoiler 3 and aerodynamic control device) and side wings.
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock’s protective helmet to include an appendage being an aerodynamic appendage chosen in the group comprising rear spoilers, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 5, Bullock/Shida disclose the protective helmet according to claims 3, but fails to disclose further comprising a plurality of appendages chosen in the group comprising rear spoilers, side wings and visors, each of said appendages being removably attached to the outer shell by means of said attachment means comprising the male connectors and the female connectors.
Shida teaches aerodynamic control device and helmet and discloses further comprising a plurality of appendages (Paragraph 0047; Shida teaching rear spoiler 3 and aerodynamic control device)(shield 2; Shida ~ regarding visor) chosen in the group comprising rear spoilers (Paragraph 0047; Shida teaching rear spoiler 3 and aerodynamic control device), side wings and visors (Shield 2 and Paragraph 0046, 0061; Shida teaching being detachable), each of said appendages being removably attached to the outer shell (shell 16; Bullock) by means of said attachment means (4L and 4R; Shida and Paragraphs 0055-0058 and 0046 and 0061; Shida ~ regarding being removably attached and means of said attachment) comprising the male connector (attachment protrusion 28; Bullock)(male connector can be a screw paragraph 0061; Shida) and the female connectors (clutch assemblies 30; Bullock)(Female connector holes 3A-3C; Shida).
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock/Shida’s protective helmet to include further comprising a plurality of appendages chosen in the group comprising rear spoilers, side wings and visors, each of said appendages being removably attached to the outer shell by means of said attachment means comprising the male connectors and the female connectors, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 9, Bullock/Shida disclose the protective helmet according to the preceding claim 8, wherein each pin element (attachment protrusion 28; Bullock) comprises a bracket (36; Bullock) secured to the at least one appendage (visor 20; Bullock) and an end projection extending from the corresponding bracket (Figure 3B; Bullock teaching wherein each of said male connector is a pin element designed to be inserted in the corresponding inner housing) (Figures 3B & 6A; Bullock).
As to Claim 10, Bullock/Shida disclose the protective helmet according to claim 9, wherein each slot of said female connectors (clutch assemblies 30; Bullock) has a cavity at the inner housing for housing the corresponding end projection of the corresponding pin element (Figures 3B & 6A; Bullock ~ teaching each slot of said female connectors having a cavity (recesses seam in the Figures) at the inner housing for housing the correspond end projection of the corresponding pin element).
As to Claim 11, Bullock discloses the protective helmet according to claim 6, wherein the male connector (attachment protrusion 28; Bullock) but fails to disclose being arranged along the entire extension of the rear spoiler or of the side wings.
Shida teaches aerodynamic control device and helmet and discloses the male connector (4A,4B & 4C) being arranged along the entire extension of the rear spoiler or of the side wings (Figure 11 and Paragraph 0057; Shida).
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock’s protective helmet to include male connectors arranged along the entire extension of the rear spoiler or of the side wings, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 13, Bullock discloses the protective helmet according to claim 12, wherein when the at least one appendage (visor 20; Bullock), at least one of said seats (cap member 40; Bullock) has, at one edge (Figure 3B; Bullock), a groove facing the slot (Figure 3B teaching a slot is a cavity between prongs 48; Bullock) of the corresponding female connector (clutch assemblies 30; Bullock) for the passage and the disengagement of the male connector (attachment protrusion 28; Bullock).
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Bullock fails to disclose being a rear spoiler.
Shida teaches aerodynamic control device and helmet and discloses being a rear spoiler (Paragraph 0047; Shida teaching rear spoiler 3).
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock’s protective helmet to include an appendage being a rear spoiler, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 15, Bullock discloses the protective helmet according to claim 2, wherein said at least one appendage (visor 20; Bullock) but fails to disclose being an aerodynamic appendage chosen in the group comprising fails to disclose rear spoilers and side wings.
Shida teaches aerodynamic control device and helmet and discloses being an aerodynamic appendage chosen in the group comprising rear spoilers (Paragraph 0047; Shida teaching rear spoiler 3 and aerodynamic control device) and side wings.
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock’s protective helmet to include an appendage being an aerodynamic appendage chosen in the group comprising rear spoilers, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 17, Bullock discloses the protective helmet according to claim 4, but fails to disclose further comprising a plurality of appendages chosen in the group comprising rear spoilers, side wings and visors, each of said appendages being removably attached to the outer shell by means of said attachment means comprising the male connectors and the female connectors.
Shida teaches aerodynamic control device and helmet and discloses further comprising a plurality of appendages (Paragraph 0047; Shida teaching rear spoiler 3 and aerodynamic control device)(shield 2; Shida ~ regarding visor) chosen in the group comprising rear spoilers (Paragraph 0047; Shida teaching rear spoiler 3 and aerodynamic control device), side wings and visors (Shield 2 and Paragraph 0046, 0061; Shida teaching being detachable), each of said appendages being removably attached to the outer shell (shell 16; Bullock) by means of said attachment means (4L and 4R; Shida and Paragraphs 0055-0058 and 0046 and 0061; Shida ~ regarding being removably attached and means of said attachment) comprising the male connector (attachment protrusion 28; Bullock)(male connector can be a screw paragraph 0061; Shida) and the female connectors (clutch assemblies 30; Bullock)(Female connector holes 3A-3C; Shida).
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock’s protective helmet to include further comprising a plurality of appendages chosen in the group comprising rear spoilers, side wings and visors, each of said appendages being removably attached to the outer shell by means of said attachment means comprising the male connectors and the female connectors, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 19, Bullock discloses the protective helmet according to claim 7, wherein the male connector (attachment protrusion 28; Bullock) but fails to disclose being arranged along the entire extension of the rear spoiler or of the side wings.
Shida teaches aerodynamic control device and helmet and discloses the male connector (4A,4B & 4C) being arranged along the entire extension of the rear spoiler or of the side wings (Figure 11 and Paragraph 0057; Shida).
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock’s protective helmet to include male connectors arranged along the entire extension of the rear spoiler or of the side wings, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 20, Bullock discloses the protective helmet according to claim 8, wherein the male connector (attachment protrusion 28; Bullock) but fails to disclose being arranged along the entire extension of the rear spoiler or of the side wings.
Shida teaches aerodynamic control device and helmet and discloses the male connector (4A,4B & 4C) being arranged along the entire extension of the rear spoiler or of the side wings (Figure 11 and Paragraph 0057; Shida).
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock’s protective helmet to include male connectors arranged along the entire extension of the rear spoiler or of the side wings, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 21, Bullock/Shida disclose the protective helmet according to claim 9, but fails to disclose wherein the male connector but being arranged along the entire extension of the rear spoiler or of the side wings.
Shida teaches aerodynamic control device and helmet and discloses the male connector (4A,4B & 4C) being arranged along the entire extension of the rear spoiler or of the side wings (Figure 11 and Paragraph 0057; Shida).
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock/Shida’s protective helmet to include wherein the male connectors arranged along the entire extension of the rear spoiler or of the side wings, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
As to Claim 22, Bullock/Shida disclose the protective helmet according to claim 10, but fail to disclose wherein the male connector are arranged along the entire extension of the rear spoiler or of the side wings.
Shida teaches aerodynamic control device and helmet and discloses the male connector (4A,4B & 4C) being arranged along the entire extension of the rear spoiler or of the side wings (Figure 11 and Paragraph 0057; Shida).
Therefore, based on Shida’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Bullock/Shida’s protective helmet to include wherein the male connectors arranged along the entire extension of the rear spoiler or of the side wings, as doing so would provide an improvement of the driving stability even under various circumstances for the wearer by decreasing the drag (Paragraph 0030; Shida).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and can be found in PTO-892 for submitted herewith. The cited
prior art reference to Ishikawa (US 20200268087 A1) is of particular relevance to the
claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday7:00 AM to 4:00pm EST.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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