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 .
Claim Objections
In claim 18, “the holding means” lacks antecedent basis. It appears this was intended to read as “the mounting means” since claim 15 first introduced the mounting means. The claim has been interpreted as best understood, meaning a mounting or holding means.
Claim 23 is objected to because it depends from cancelled claim 10. It appears claim 23 should depend from claim 13 or possibly 22. Claim 23 has been examined as if depending from 13. 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.
Claims 13, 15-19, 21, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McRae US 2021/0105074.
As for claim 13, McRae discloses a battery pack (see Fig 3) for fastening to a protective helmet (wearable 400, paragraph 0080) and for energy supply (via user interface 204, paragraph 0051) of a helmet accessory, comprising:
a battery module (power supply 202, see at least Fig 3) for storing and outputting electrical energy (paragraph 0060);
a supply and communication terminal (sensors 201) for energy supply of a helmet accessory (302, Fig 8A, 8b, which can be coupled with the battery pack and for communication (paragraph 0056)
mounting means (attachment mechanisms 307) for fastening the battery pack to the protective helmet (paragraph 0071, facilitate attaching to the wearable, helmet 400);
a vibration module (transducer 100, paragraph 0027-0028, which can detect or produce vibrations, paragraph 0045)
a control unit (computing device 200 having digital signal processor 205, converters, communication module 206, etc, paragraph 0050) for controlling the battery pack and vibration module (paragraph 0050-0052)
control unit is adapted to drive vibration module based on a communication signal received at the supply and communication terminal (paragraph 0050-0052).
As for claim 15, McRae discloses the battery pack according to claim 13, wherein the vibration module is detachably fastened to the battery body or detachably fastened to the mounting means (McRae teaches, “user attachment mechanism can function to hold (e.g., mount, anchor, secure, etc.) the transducer(s) (e.g., via a housing) on the user,” paragraph 0080). Transducers are interpreted as being removable by reversing the mounting/securing means; additionally, see paragraph 0073 for multiple means of removable attachment mechanisms taught by McRae.
As for claim 16, McRae discloses the battery pack according to claim 15, wherein the vibration module comprises holding means which fix the vibration module to the battery pack or to the mounting means (paragraph 0080, teaches attachment of transducer to attachment mechanism 307, paragraph 0072, 0080; see 0073 for multiple types of attachment mechanisms).
As for claim 17, McRae discloses the battery pack according to claim 16, wherein the holding means are adapted to magnetically or mechanically fix the vibration module (paragraph 0073 teaches mechanical and/or magnetic attachment means for fixing transducer 100).
As for claim 18, McRae discloses the battery pack according to claim 15, wherein an electrical connection between the battery pack and the vibration module is formed by means of a holding/mounting means (teaches the device may use wire, cord paragraph 0074; further teaches computing device 200 which is in electrical connection to battery being in electrical communication with the vibration module, see paragraph 0050).
As for claim 19, McRae discloses the battery pack according to claim 13, wherein the vibration module comprises a bearing surface which bears against a helmet shell of the protective helmet when the battery pack is fastened to the protective helmet by means of the mounting means (paragraph 0063, housing 300 holds/protects transducers and couples transducer to wearable, wearable can be a helmet).
As for claim 21, McRae discloses the battery pack according to claim 13, wherein the control unit (computing device 200 having digital signal processor 205, converters, communication module 206, etc, paragraph 0050) is formed to drive the helmet accessory synchronously with the vibration module (controller an drive user interface 204 synchronously with transducer 100, see paragraph 0050-0052 and 0057, Fig 1-3).
As for claim 23, McRae teaches a protective helmet system (paragraph 0028, 0082), comprising a protective helmet (see paragraph 0028 and 0082) and a helmet accessory system according to claim (see discussion above regarding the limitations of claim 13).
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 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over McRae.
As for claim 14, McRae discloses the battery pack according to claim 13, wherein the vibration module 100 is attached, mounted, anchored, secured, etc, to the attachment mechanism (see paragraph 0080). Although McRay does not specifically recite it being integrally formed with the mounting means it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the vibration module and attachment mechanism integrally formed, since it has been held that forming in one piece a structure which has formerly been formed in two, or more pieces, involves only routine skill in the art. Howard v. Detroit Stove Works, 150 USPQ 164 (1893). See MPEP 2404.
As for claim 20, McRae discloses the battery pack according to claim 13, with regard to the battery pack comprises at least one sensor unit which detects an operating state of the battery pack and in that the control unit is adapted to drive the vibration module based on the detected operating state, McRae at least suggest an equivalent structure to the claimed sensor and control limitations for the purpose of sensing an operating state of the device and driving the vibration module based on the detected state (see paragraph 0050-0052; McRae teaches a computing device that can include sensors, communication module 206, relay 209, and/or any suitable component; system as a whole is capable of detecting mode and driving transducers based on detected information, see 0050-52 and 0056-60), since In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.") MPEP 2144.05 II A. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling of the claimed invention to recognize McRae’s structure as an equivalent structure for purpose of detecting an operating state and driving the vibration module based on the detected state.
Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over McRae in view of Kenward GB 2607712.
As for claim 22, McRae discloses a helmet accessory system (see Fig 1-3; see paragraph 0028 and 0082 for helmet; 204 for accessory) comprising: a battery pack according to claim 13 (see above regarding the limitations of claim 13) and a helmet accessory (user interface 204), wherein the battery pack (power source 200) and the helmet accessory can be fastened or are fastened to a helmet shell of the protective helmet (paragraph 0063, Fig 3; see paragraph 0071-0075 for attachment of components). McRae fails to teach the helmet accessory being a helmet light. Kenward teaches a helmet accessory being a helmet light (144, abstract and page 18 lines 3-10). It would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to combine the helmet light of Kenward with McRae to provide McRae with additional utility. One would have been motivated to make this combination for applications where including a source of illumination, such as an LED headlamp, is desired.
As for claim 24, McRae teaches a method for operating a helmet accessory system according to claim 22 (see above regarding limitations of claim 22), wherein the method comprises: receiving a communication signal on a supply and communication terminal (paragraphs 0051, 0056) of the battery pack, and driving, through a control unit (computing device 200 having digital signal processor 205, converters, communication module 206, etc, paragraph 0050), a vibration module (transducer 100) based on the received communication signal (see paragraph 0050-0052, 0056).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LEEGATE US’445 discloses a helmet lighting and control device for synchronizing flashing between a plurality of marker system components mounted on a helmet. AMBANI US’585 discloses a system for enhancing the safety and functionality of a motorcycle or bicycle type helmet includes built-in turn and brake indicators, a transceiver for wireless communications with a corresponding transceiver mounted on a motorcycle, bicycle, or other vehicle, and a speaker and a microphone. KANEBLEI US’546 teaches a safety helmet with a vibrating alarm.
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/EVAN P DZIERZYNSKI/Primary Examiner, Art Unit 2875
