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 May 09, 2025. Claims 1-14 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 Germany on November 09, 2022.
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 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application No. US 2017/0181491 A1 Colt Miller, (herein after "Miller").
As to claim 1, Miller discloses a chin strap (Figures 2-3 and Paragraph 20; Miller) for helmets (helmet 39; Miller) with a first main strap (Figures 2-3 and Paragraph 0020, securing strap 50; Miller ~ regarding a first main strap) which can be fastened to the helmet (helmet 39; Miller) to be secured (Figures 2-3 and Paragraph 0020; Miller), with a second main strap (Figures 2-3 and Paragraph 0020, securing strap 50; Miller ~ regarding a second main strap) which can be fastened to the helmet (helmet 39; Miller) to be secured and with a chin strap which connects both main straps (Figures 2-3 and Paragraph 20; Miller), wherein the chin strap (Figures 2-3 and Paragraph 20; Miller) is fastened at each end to the respective main strap (Figures 2-3 and Paragraph 0020, securing strap 50; Miller ~ regarding the respective main strap) via a connection at the end (See Figures 2 & 3; Miller, teaching a strap 50 connected to a fastener (buckle) which is fastened at each end to the respective mains strap, which appears to be a stitch.) and at least one first buckle being provided on one of the main straps (Figures 2-3 and Paragraph 0020, securing strap 50; Miller ~ regarding the main strap) wherein at least one second strap buckle is provided (Figures 2-3 and Paragraph 20; Miller), each of the two main straps (Figures 2-3 and Paragraph 0020, securing strap 50; Miller ~ regarding the main strap) having a strap buckle (Figures 2-3 and Paragraph 20; Miller).
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As to claim 5, Miller discloses the chin strap according to claim 1, wherein at least four adjustment tabs are provided for adjusting the strap length, each cheek strap and each neck strap (Figures 2 & 3; Miller ~ regarding the cheek strap and the respective neck strap) each having an adjustment tab (Figures 2-3; Miller ~ regarding wherein at least four adjustment tabs are provided for adjusting the strap length, each cheek strap and each neck strap each having an adjustment tab.)
As to claim 6, Miller discloses the chin strap according to claim 1, wherein the respective strap buckle (Figures 2-3 and Paragraph 20; Miller) is provided at the end, in the region of the connection of the chin strap (Figures 2-3 and Paragraph 20; Miller).
As to claim 7, Miller discloses a system comprising a protective helmet (helmet 39; Miller) and the chin strap according to claim 1 (Figures 2 & 3; Miller regarding teaching a system comprising a protective helmet and the chin strap according to claim 1).
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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 2-4 & 9-13 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2017/0181491 A1 Colt Miller, (herein after "Miller") as to claim 1 above, in view of United States Patent Application Publication No. US 2007/0089219 A1 to Bill Trainor et al. (herein after "Trainor”).
As to claim 2, Miller discloses the chin strap according to claim 1, wherein the respective main strap (Figures 2-3 and Paragraph 0020, securing strap 50; Miller ~ regarding the respective main strap) having a cheek strap and a neck strap (Figures 2 & 3; Miller), but fails to explicitly disclose having the strap buckle.
Trainor teaches chin strap assemble for helmets (HLMT) having a cheek strap (temple strap 18; Trainor) and a neck strap (second lower strap 26; Trainor), the respective neck strap (second lower strap 26; Trainor) and discloses having the strap buckle (buckles 72; Trainor)(Figures 1-3 & 8 and Paragraphs 0031, 0037, and 0040; Trainor, teaching “Coupling unit 52 further comprises a connector member 72 in the form of a plastic buckle attachable to one of temple strap segments 16 and 18 and lower strap segments 22 and 26 (temple strap segment 18 shown in FIG. 8)).
Therefore, based on Trainor’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 Miller’s, respective neck strap to include having the strap buckle as doing so would provide a chin strap assembly that is adjustable for optimizing fit for the wearer.
As this would be the simple substitution of one strap buckle for another with the reasonable expectation that one strap buckle would perform equally as well as another.
As to claim 3, Miller discloses the chin strap according to claim 1 wherein the respective cheek strap (Figures 2 & 3; Miller ~ regarding the respective cheek strap) but fails to explicitly disclose having a strap buckle.
Trainor teaches chin strap assemble for helmets (HLMT) having a cheek strap (temple strap 18; Trainor) and a neck strap (second lower strap 26; Trainor), and discloses the respective neck strap (second lower strap 26; Trainor) having the strap buckle (buckles 72; Trainor)(Figures 1-3 & 8 and Paragraphs 0031, 0037, and 0040; Trainor, teaching “Coupling unit 52 further comprises a connector member 72 in the form of a plastic buckle attachable to one of temple strap segments 16 and 18 and lower strap segments 22 and 26 (temple strap segment 18 shown in FIG. 8)).
Therefore, based on Trainor’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 Miller’s, respective neck strap to include having the strap buckle as doing so would provide a chin strap assembly that is adjustable for optimizing fit for the wearer.
As to claim 4, Miller discloses the chin strap claim 1,(Figures 2 & 3; Miller ~ regarding the respective cheek strap and the respective neck strap) but fails to explicitly disclose having a strap buckle.
Trainor teaches chin strap assemble for helmets (HLMT) having a cheek strap (temple strap 18; Trainor) and a neck strap (second lower strap 26; Trainor), and discloses having the strap buckle (buckles 72; Trainor)(Figures 1-3 & 8 and Paragraphs 0031, 0037, and 0040; Trainor, teaching “Coupling unit 52 further comprises a connector member 72 in the form of a plastic buckle attachable to one of temple strap segments 16 and 18 and lower strap segments 22 and 26 (temple strap segment 18 shown in FIG. 8)).
Therefore, based on Trainor’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 Miller’s, respective cheek strap and respective neck strap to include having the strap buckle as doing so would provide a chin strap assembly that is adjustable for optimizing fit for the wearer.
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As to claim 9, Miller/Trainor disclose the chin strap according to claim 2, wherein the respective cheek strap (Figures 2 & 3; Miller) but fails to explicitly disclose having
a strap buckle.
Trainor teaches chin strap assemble for helmets (HLMT) having a cheek strap (temple strap 18; Trainor) and a neck strap (second lower strap 26; Trainor), the respective cheek strap (temple strap 18; Trainor) and discloses having the strap buckle (buckles 72; Trainor)(Figures 1-3 & 8 and Paragraphs 0031, 0037, and 0040; Trainor, teaching “Coupling unit 52 further comprises a connector member 72 in the form of a plastic buckle attachable to one of temple strap segments 16 and 18 and lower strap segments 22 and 26 (temple strap segment 18 shown in FIG. 8)).
Therefore, based on Trainor’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 Miller’s, respective cheek strap to include having the strap buckle as doing so would provide a chin strap assembly that is adjustable for optimizing fit for the wearer.
As to claim 10, Miller/Trainor disclose the chin strap according to claim 9, wherein the respective cheek strap and the respective neck strap (Figures 2 & 3; Miller ~ regarding the respective cheek strap and the respective neck strap) have a buckle (buckles 72; Trainor)(Figures 1-3 & 8 and Paragraphs 0031, 0037, and 0040; Trainor, teaching “Coupling unit 52 further comprises a connector member 72 in the form of a plastic buckle attachable to one of temple strap segments 16 and 18 and lower strap segments 22 and 26 (temple strap segment 18 shown in FIG. 8)).
As to claim 11, Miller/Trainor disclose the chin strap according to claim 10, wherein at least four adjustment tabs are provided for adjusting the strap length, each cheek strap and each neck strap (Figures 2 & 3; Miller ~ regarding the cheek strap and the respective neck strap) each having an adjustment tab (Figures 2-3; Miller ~ regarding wherein at least four adjustment tabs are provided for adjusting the strap length, each cheek strap and each neck strap each having an adjustment tab.)
As to claim 12, Miller/Trainor disclose the chin strap according to claim 11, wherein the respective strap buckle (Figures 2-3 and Paragraph 20; Miller) is provided at the end, in the region of the connection of the chin strap (Figures 2-3 and Paragraph 20; Miller).
As to claim 13, Miller/Trainor disclose a system comprising a protective helmet (helmet 39; Miller) and the chin strap according to claim 12 (Figures 2 & 3; Miller regarding teaching a system comprising a protective helmet and the chin strap according to claim 12).
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2017/0181491 A1 Colt Miller, (herein after "Miller") as to claim 7 above, and further in view of in view of United States Patent No. US 6,157,298 A1 to Garfinkel; et al. (herein after "Garfinkel”).
As to claim 8, Miller discloses the system according to claim 7, but fail to disclose further including a speech set with microphone.
Garfinkel teaches safety helmets having two way communication capability and discloses further including a speech set (22; Garfinkel) with microphone (23; Garfinkel) (Col. 5 and Lines 7-15; Garfinkel, as doing so would provide verbal communication with others in the vicinity for the user).
Therefore, based on Garfinkel’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 Miller’s, system (helmet and straps) to include further including a speech set with microphone as doing so would provide verbal communication with others in the vicinity for the user.
Claim 14 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application No. US 2017/0181491 A1 Colt Miller, (herein after "Miller") in view of United States Patent Application Publication No. US 2007/0089219 A1 to Bill Trainor et al. (herein after "Trainor”) as to claim 13 above, and further in view of in view of United States Patent No. US 6,157,298 A1 to Garfinkel; et al. (herein after "Garfinkel”).
As to claim 14, Miller/Trainor disclose the system according to claim 13, but fail to disclose further including a speech set with microphone.
Garfinkel teaches safety helmets having two way communication capability and discloses further including a speech set (22; Garfinkel) with microphone (23; Garfinkel) (Col. 5 and Lines 7-15; Garfinkel, as doing so would provide verbal communication with others in the vicinity for the user).
Therefore, based on Garfinkel’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 Miller/Trainor’s, system (helmet and straps) to include further including a speech set with microphone as doing so would provide verbal communication with others in the vicinity for the user.
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 Grancsay (US 2,769,176) 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