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 preliminary amendment filed 06/24/2025 has been entered.
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.
The claims 11-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01.
Regarding claim 11. The claim states that "in a first operating mode of the plurality of different operating modes, illuminates an area distant from the user of the safety helmet" if the condition when the user is wearing the safety helmet." is met. However, claim 11 has no features or structural limitation that would permit the "helmet light" to establish that the "user" is actually wearing the safety helmet. The claim also does not state that the helmet light is attached to the safety helmet. As said light is defined only by the suitability, the light does not have to be attached to the helmet. Additionally, features that can allow a function between the wearing of the safety helmet and illumination of a distant area are absent. Without such features, the problem addressed by the invention cannot be solved. The absent features are thus essential, and therefore claim 1 is unclear. The subject matter of claims 11-15 is defined by specifying the result to be achieved rather than by means of a functional or structural definition. Therefore, the subject matter of claims 11-15 are unclear
Claims 18-20 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.
Regarding claim 18. The use of “and/or” renders the claim indefinite because it is unclear whether both the brightness and color of the emitted light can be preset or adjusted; or either the brightness or color of the emitted light can be preset or adjusted.
For the purpose of examination, the claim is interpreted as reciting that either the brightness or color of the emitted light can be preset or adjusted.
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.
Claims 11 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keisling et al. (US 2017/0023189).
Regarding claim 11. Keisling et al. discloses helmet light (82, 86, see Fig. 4, Para. 0032 and 0034) for fastening to a protective helmet ( miners helmet 90, see Fig. 4, Para. 0032), wherein the helmet light (82, 86,) can be switched into several different operating modes in which the helmet light emits light in each case, and wherein, by the helmet light, in a first operating mode of the several different operating modes, a long range of the user of the protective helmet is illuminated when the user is wearing the protective helmet (see Para. 0004).
Regarding claim 20. Keisling further discloses a protective helmet (90, see Fig. 4, Para. 0032) comprising a helmet light according to claim 11.
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, 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 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bertken (US 2022/0290832).
Regarding claims 11 and 20. Bertken discloses a helmet light (headlamp 5 with headband 100 to be secured to hats using a variety of securing mechanisms known to those of skill in the art (see Para. 0024), wherein the helmet light can be switched into several different operating modes in which the helmet light emits light in each case (e.g., based on data received from the sensor(s), the control module maybe configured to adjust the intensity/output of one or more light sources 35, 40, 45, 50, 52, 55, initiate or adjust lighting modes, initiate a low-power standby mode, "wake" headlamp 5 from the standby/ sleep mode, etc., see Para. 0025), and wherein, by the helmet light, in a first operating mode of the several different operating modes, a long range of the user of the protective helmet is illuminated (e.g., “if the light(s) is/are directed at a distant target, the control module would increase the light intensity and reduce spread, based on proximity information from the sensor, to concentrate the light on the distant target" see Para. 0031).
Bertken does not expressly disclose that the headlamp is fastened to a protective helmet; and that the user is wearing the protective helmet during operation; the hat is a protective helmet, as recited in claim 20.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the head mounted headlamp of Bertken to be fastened to a protective helmet or that and thereby provide the claimed helmet light, since such a modification would merely constitute applying the known head mounting arrangement of Bertken to a protective helmet, which is another known structure for supporting a light on the user’s head, while maintain the disclosed lighting modes and long range illumination functionality. One of ordinary skill in the art would have been motivated to make this modification because the claimed modification merely changes the structure to which the disclosed headlamp is secured, without requiring a change to the disclosed light source, optical components, or lighting modes while the user is wearing the protective helmet.
Regarding claim 12. Bertken further discloses the helmet light, in a second operating mode of the several different operating modes, a short range of a user of the protective helmet is illuminated when the user is wearing the protective helmet (e.g., “if the light(s) is/are directed to a close-proximity manual being read by the user, the control module would reduce the light intensity and increase spread, based on proximity information from the sensor”, see Para. 0031).
Regarding claim 13. Bertken further discloses the helmet light, in a third operating mode of the several different operating modes, a face area (e.g., the facial area of the user) of a user of the protective helmet is illuminated when the user is wearing the protective helmet (see Para. 0031).
Regarding claim 14. Bertken further discloses the helmet light, in a fourth operating mode of the several different operating modes, a working range of the user of the protective helmet is illuminated when the user is wearing the protective helmet (illuminant 55; the light needed for a working area is adjusted, see Fig. 1, Para. 0031).
Regarding claim 15. Bertken further discloses the helmet light comprises an illumination module external to a helmet light housing which can be arranged at an outer side of a helmet shell of the protective helmet, wherein the illumination module has at least one helicopter LED (e.g., LED 35 emits light upwardly when the user tilts his/her head), and wherein the helicopter LED, in a fifth operating mode of the several different operating modes, emits light upwards when the user is wearing the protective helmet (“light source 35 can be activated to provide focused beam, i.e., spot beam, lighting in front of headlamp 5,” see Para. 0017).
Regarding claim 16. Bertken further discloses the illumination module has at least one further helicopter LED which has a different beam direction from the helicopter LED (the light sources 55 have a different beam direction from the light source 35, see Fig. 1), wherein the at least one further helicopter LED and the helicopter LED, in a sixth operating mode of the several different operating modes, emit light in different directions.
Regarding claim 17. Bertken further discloses the several operating modes of the helmet light can be switched in any combinations (e.g., the individual light sources can be switched in any combination and thus correspond to the claimed operating
Modes, see Para. 0025).
Regarding claim 18. Bertken further discloses in each of the switchable operating modes of the helmet light, a brightness and/or a color of the emitted light can be preset or adjusted.
Regarding claim 19. Bertken further discloses in in each of the switchable operating modes of the helmet light, a brightness or a color of the emitted light can be varied over time (e.g., flashing mode).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Summersett et al. (US 2022/0287403) discloses one or more devices for coupling lighting elements to safety headwear; WROBLEWSKI RODRIGUEZ et al. (US 20210153589) discloses a safety helmet to be used by a person in low light conditions including at least one rear lighting module, at least two side lighting modules, and arranged on each side of the rear lighting module; and FISCHER (US 2013/0265745) discloses a light integrated hard hat includes a protective head covering having a crown and a brim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tsion Tumebo whose telephone number is 571-270-1668. The examiner can normally be reached on 7:30 am to 4:00 pm, Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached on (571)272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TSION TUMEBO/
Primary Examiner, Art Unit 2875
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