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
The amendments filed with the written response received on June 06, 2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1 and 5-7 have been amended and claim 2-4 and 9-14 have been canceled. Claims 15-18 are new. Accordingly, claims 1, 5-8, and 15-18 are pending in this application, with an action on the merits to follow.
Response to Arguments
Applicant’s arguments with respect to claims 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1,5-7 and 15-18 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2023/0012326 A1 to Christopher Dumph, (herein after "Dumph") in view of United States Patent Application Publication No. US 2017/0181491 A1 to Colt Miller et al., (herein after "Miller”).
As to Claim 1, Dumph teaches a chin strap assembly (helmet retention harness100; Dumph ~ regarding a chin strap assembly) for helmets (helmet 120; Dumph), comprising: i) a first right main strap which can be fastened to the helmet (helmet 120; Dumph), via a first mounting eyelet to be secured (Figures 1-4; Dumph), ii) a second left main strap which can be fastened to the helmet via a second mounting eyelet to be secured (Figures 1-4; Dumph) and
jij) a chin strap which connects both main straps (Figures 1-4 and Paragraph 0024; Dumph) (Figures 1-3 and Paragraph 0024; Dumph ~ regarding a chin strap), wherein the chin strap is fastened at each end to the respective main strap via a connection at the end (Figures 1-4; Dumph) (right temple strap 110b; Dumph ~ regarding a first right main strap)(Figures 1-3 and Paragraph 0024; Dumph ~ teaching being attachable at forward ends ~ regarding a connection at the ends),
wherein at least one first strap clip is attached to the first right main strap as a release (Figures 1-3 and Paragraph 0027; Dumph ~ regarding a first strap clip is attached to the first right main strap as a release), wherein at least one second strap clip is attached to the second left main strap as a release (Figures 1-3 and Paragraph 0027; Dumph ~ regarding a second strap clip is attached to the second left main strap as a release), wherein the first right main strap has a cheek strap and a neck strap (Figures 1-3; Dumph ~ regarding a cheek strap)(Figures 1-3; Dumph ~ regarding a neck strap)(Figures 1-3; Dumph ~ regarding a first right main strap)(Figures 1-3; Dumph ~ regarding wherein the first right main strap has a cheek strap and a neck strap), wherein the second left main strap has a cheek strap and a neck strap wherein the second left main strap has a cheek strap and a neck strap (Figures 1-3 and Paragraph 0027; Dumph ~ regarding wherein the second left main strap has a cheek strap and a neck strap), and wherein for easier handling the straps when opening and closing at least one or both of: a) the respective neck strap has the strap clip to be independent from the respective cheek strap (Figures 1-3; Dumph ~ regarding wherein for easier handling the straps when opening and closing at least one or both of: a) the respective neck strap has the strap clip to be opened or closed independent from the respective cheek strap. Thereby teaching at least one of the respective neck strap has the strap clip to be opened.); b) the respective cheek strap has the strap clip to be opened or closed independent from the respective neck strap.
Dumph fails to disclose a first strap clip being a quick release, a second strap clip being a quick release, a strap clip being opened or closed.
Miller teaches mask coupling apparatus and discloses a strap clip (fastener 18; Miller) being a quick release (Figures 1-3 and Paragraphs 0005, 0007, 0017-0019; Miller ~ regarding being quick release), a strap clip (securing strap 50; Miller) being a quick release (Figures 1-3 and Paragraphs 0005, 0007, 0017-0019; Miller ~ regarding being quick release), a strap clip being opened or closed (Figures 1-3 and Paragraphs 0002, 0004, 0005, 0007, 0017-0019; Miller ~ regarding being quick release. It is well known that quick release clips/ buckles are capable of being opened or closed).
Therefore, based on Miller’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 Dumph’s, first and second strap clip to include a first strap clip being a quick release, a second strap clip being a quick release, a strap clip being opened or closed, as doing so would provide for easy and quick coupling and adjustments and uncoupling in the field.
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As to Claim 5, Dumph/Miller disclose the chin strap assembly according to claim 1, 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 (Figures 1-4; Dumph ~ regarding adjustment tabs, 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, Dumph/Miller disclose the chin strap assembly according to claim 1, wherein the respective strap (Figures 1-4; Dumph ~ regarding wherein the respective strap clip is provided at the end, next to the region of the connection of the chin strap.)
As to Claim 7, Dumph/Miller disclose a system comprising a protective helmet and the chin strap assembly (helmet retention harness100; Dumph ~ regarding a chin strap assembly) according to claim 1 (helmet retention harness 100; Dumph ~ regarding a chin strap assembly)(helmet 120; Dumph)(Figures 1-3; Dumph).
As to Claim 15, Dumph discloses a chin strap assembly (Figures 2-3 and Paragraph 20; Miller) for helmets (helmet 120; Dumph), comprising: i) a first right main strap which can be fastened to the helmet (helmet 39; Miller) to be secured (Figures 1-4; Dumph), ii) a second left main strap which can be fastened to the helmet to be secured (Figures 1-4; Dumph) and iii) a chin strap which connects both main straps (Figures 1-3 and Paragraph 0024; Dumph ~ regarding a chin strap),
wherein the chin strap is fastened at a first end to the first right main strap via a connection at the end and is fastened at a second end to the second left main strap via a connection at the end (Figures 1-4; Dumph) (right temple strap 110b; Dumph ~ regarding a first right main strap)(Figures 1-3 and Paragraph 0024; Dumph ~ teaching being attachable at forward ends ~ regarding a connection at the ends), wherein at least one first strap clip is attached between two sections the first right main strap as a quick release (Figures 1-4 and Paragraph 0027; Dumph ~ regarding wherein at least one first strap clip is attached between two sections the first right main strap as a release), wherein at least one second strap clip is attached between two sections the second left main strap as a quick release (Figures 1-4; Dumph) (Figures 1-3 and Paragraph 0027; Dumph ~ regarding a second strap clip is attached to the second left main strap as a release), wherein the first right main strap has a cheek strap and a neck strap, wherein the second left main strap has a cheek strap and a neck strap (Figures 1-3; Dumph ~ regarding a cheek strap)(Figures 1-3; Dumph ~ regarding a neck strap)(Figures 1-3; Dumph ~ regarding a first right main strap)(Figures 1-3; Dumph ~ regarding wherein the first right main strap has a cheek strap and a neck strap),
wherein the first right strap has at least one of: a) the neck strap has the strap clip independent from the cheek strap( Figures 1-4; Dumph) (Figures 1-3; Dumph ~ regarding wherein for easier handling the straps when opening and closing at least one or both of: a) the respective neck strap has the strap clip to be opened or closed independent from the respective cheek strap. Thereby teaching at least one of the respective neck strap has the strap clip to be independent from the cheek strap.); and b) the cheek strap has the strap clip independent from the neck strap; and
wherein the second left strap has at least one of: a) the neck strap has the strap clip independent from the cheek strap (Figures 1-4; Dumph ~ regarding wherein the second left strap has at least one of: a) the neck strap has the strap clip independent from the cheek strap);
and b) the cheek strap has the strap clip independent from the neck strap (Figures 1-4; Dumph ~ regarding the cheek strap has the strap clip independent from the neck strap).
Dumph fails to disclose a quick release, a quick release, the clip to be opened or closed, the clip to be opened or closed, the clip to be opened or closed, the clip to be opened or closed.
Miller teaches mask coupling apparatus and discloses a strap clip (fastener 18; Miller) being a quick release (Figures 1-3 and Paragraphs 0005, 0007, 0017-0019; Miller ~ regarding being quick release), a strap clip (securing strap 50; Miller) being a quick release (Figures 1-3 and Paragraphs 0005, 0007, 0017-0019; Miller ~ regarding being quick release), a strap clip being opened or closed (Figures 1-3 and Paragraphs 0002, 0004, 0005, 0007, 0017-0019; Miller ~ regarding being quick release. It is well known that quick release clips/ buckles are capable of being opened or closed) a strap clip being opened or closed (Figures 1-3 and Paragraphs 0002, 0004, 0005, 0007, 0017-0019; Miller ~ regarding being quick release. It is well known that quick release clips/ buckles are capable of being opened or closed) a strap clip being opened or closed (Figures 1-3 and Paragraphs 0002, 0004, 0005, 0007, 0017-0019; Miller ~ regarding being quick release. It is well known that quick release clips/ buckles are capable of being opened or closed) a strap clip being opened or closed (Figures 1-3 and Paragraphs 0002, 0004, 0005, 0007, 0017-0019; Miller ~ regarding being quick release. It is well known that quick release clips/ buckles are capable of being opened or closed).
Therefore, based on Miller’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 Dumph’s, first right main strap and second left main strap to include both being a quick release, as doing so would provide for easy and quick coupling and adjustments and uncoupling in the field.
Therefore, based on Miller’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 Dumph’s, the strap clip, the strap clip, the strap clip, the strap clip to include to be opened or closed independent, to be opened or closed independent, to be opened or closed independent, to be opened or closed independent, as doing so would provide for easy and quick coupling and adjustments and uncoupling in the field.
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As to Claim 16, Dumph/Miller disclose the chin strap assembly according to claim 1,
wherein each cheek strap and each neck strap (Figures 1-4; Miller) have strap clips (Modified Figures 1-4; Dumph ~ regarding strap clips with 18; Miller 50; Miller ~ regarding strap clips that can be opened or closed independently from each other .) that can be opened or closed independently from each other (Paragraphs 0002, 0004, 0005, 0007, 0017-0019; Miller)
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As to Claim 17, Dumph/Miller disclose the chin strap assembly according to claim 16, wherein the strap clips are provided next to the region of the connection of the cheek strap and the neck straps to the chin strap (Figures 1-4; Dumph).
As to Claim 18, Dumph/Miller disclose the chin strap assembly according to claim 16, wherein an adjustment tab is provided on each cheek strap and each neck strap for adjusting strap length (Figures 1-4; Dumph), and wherein the adjustment tabs are located further away from the chin strap as compared to the strap clips (Figures 1-4; Dumph).
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent Application Publication No. US 2023/0012326 A1 to Christopher Dumph, (herein after "Dumph") in view of United States Patent Application Publication No. US 2017/0181491 A1 to Colt Miller et al., (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, Dumph/Miller disclose the system according to claim 7, but fails 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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 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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