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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-13, and 15-17 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by WO 2020/093125 (Cicotoste et al.).
Regarding claims 1 and 15, ‘125 discloses: A protection device and/or protection assembly comprising a helmet (inflatable helmet 10) for the head and/or the neck of a human (helmet 10 is functional to be used to protect the head and/or neck), comprising an inflatable protection element (20) having an outer skin (21/22) enclosing at least one chamber (CM) and an air inlet means (30) for connecting the chamber (CM) with an air compressing means (element 30 is a valve which is stated in the instant application as an “air compressing means”), wherein the protection element (20) is configured to transit from a deflated first state (shown explicitly in figs. 1 and 1a) to an inflated second state (shown explicitly in figs. 2 and 2a) when air is pumped into the chamber (CM) through the air inlet means (30), and the outer skin (21/22) is adapted for covering and protecting at least a part of the human's head and/or neck when the protection element (20) is in its second state (helmets in general, as well as the device shown in figs 2 and 2a in the inflated/2nd state, inherently and explicitly function to protect the head and/or neck of a human).
Regarding claim 2, ‘125 discloses: wherein the transition of the protection element (20) from the deflated first state (shown explicitly in figs. 1 and 1a) to the inflated second state (shown explicitly in figs. 2 and 2a) is reversible such that the protection element (20) is inflatable and deflatable in a repeatable manner (“The purpose of the invention patent is to present an inflatable helmet of the type used as a protective accessory in sports activities such as cycling, activities on cycles, scooters, skates, skates, etc. or protective accessory when traveling by plane or similar and that allows it to be inflated, deflated and packaged for new use, according to the need of the moment [par. 013, objectives of invention].”).
Regarding claim 3, ‘125 discloses: further comprising an air outlet means (valve 30 functions as air inlet and air outlet means and instant specification states air outlet means “may be a valve”) for connecting the chamber (CM) with the environment, said air outlet means (valve 30) having a closed state in which pressurized air which fills the chamber (CM) in the second state of the protection element is inhibited from flowing from the chamber (CM) to the environment, and an open state in which pressurized air can flow from the chamber (CM) to the environment (the valve 30 inherently performs as functionally claimed in the closed/second state and the open state for the device to be fully deflated as in figs. 1/1a and fully inflated in figs. 2 and 2a and to provide the impact protection disclosed).
Regarding claim 4, ‘125 discloses: the closed state of the air outlet means (valve 30 outward flow means inherently is closed in default state or the inflow of air would not result in the device “inflating” from the state in figs. 1/1a to the inflated state in figs. 2 and 2a) is its default state (the “default state” being when the valve of the device is not receiving input airflow).
Regarding claim 5, ‘125 discloses: the air inlet means (inflow means of valve 30) and the air outlet means (outflow means of valve 30) form a combined air exchange means (valve 30 is a “combined air exchange means” as valve 30 is a “mouth valve” inflatable by human breath).
Regarding claim 6, ‘125 discloses: further comprising an air compressing means (human breath is disclosed in current specification as a possible air compressing means; ‘125 also inherently allows for inflation by human breath) being connected to the air inlet means (valve 30).
Regarding claim 7, ‘125 discloses: the protection element (20) forms a collar cushion (annular surrounding perimeter can be worn in a fashion depending on the user's size and shape in a way that it would surround or cover the user's neck to function as a "collar cushion" as claimed.; see annotated figure 2 below) when the protection element (20) is in the second state (second/fully inflated in fig. 2).
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Regarding claim 8, ‘125 discloses: the protection element (20) comprises a head support structure (see annotated figure below) radially protruding from the collar cushion (see annotated fig. 2 above).
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Regarding claim 9, ‘125 discloses: the protection element (20) forms a substantially U-shaped or V- shaped wing cushion (lower annular perimeter forms a concave neck/head fitting portion/cushion and therefore U or V shaped ‘wing cushion’) when the protection element (20) is in the second state (second/fully inflated in fig. 2).
Regarding claim 10, ‘125 discloses: the protection element (20) forms a substantially helmet-like cushion (shown explicitly in figs. 2 and 2a) when the protection element (20) is in the second state (second/fully inflated in fig. 2).
Regarding claim 11, ‘125 discloses: further comprising at least one fastening means (straps 40 and buckle 50 perform fastening and fixation of element 20 to the user’s head/neck) for fixation of the protection element (20).
Regarding claim 12, ‘125 discloses: further comprising at least one coupling means (straps 40 and buckle 50 is capable to perform coupling of element 20 to external devices) for coupling the protection device (10) to a helmet (44), a garment or another wearable component (nothing precludes straps 40 and buckle 50 from coupling to another helmet, garment or wearable component, so straps 40 and buckle 50 disclose claimed ‘coupling’ functionality).
Regarding claim 13, ‘125 discloses: the protection device (10) is foldable to pocket size when the protection element (20) is in the deflated first state (explicitly shown folded and stowed into a pocket in fig. 1; it is also noted the claim does not define “pocket size” so the pocket can be of any size and therefore the deflated size can be any size to fit into a pocket of any size).
Regarding claim 16, ‘125 discloses: A method for performing safety-critical locomotion or sporting activities by a human (par.29 states, “…an inflatable helmet (10) of the type used to protect the user's skull area when carrying out activities such as cycling or use of other types of bicycles such as 'skateboard', skates, scooters and others, as well as use as a protective accessory when traveling with aircraft and boats, or even used as a protective item for passers-by / visitors to civil works and buildings in general), said method comprising:
providing a protection device (10; fig. 1) for a head and/or a neck of the human (par. 29 cited above) with an inflatable protection element (20) having an outer skin (21/22) enclosing at least one chamber (CM; fig. 3/4a), an air inlet means (30 is a combined inlet/outlet means) and an air outlet means (30 is a combined inlet/outlet means);
inflating the protection element (20) via the air inlet means (30); (fully inflated is shown in figs. 2/2a);
arranging the inflated protection element (20) on the head and/or on the neck of the human (explicitly shown being worn in fig. 4a);
conducting the safety-critical locomotion or sporting activity (sporting activities are disclosed in par. 29 as noted above); and
deflating the protection element (20) via the air outlet means (30); (inflation and deflation which happens through valve 30 are both disclosed in par. 13, “The purpose of the invention patent is to present an inflatable helmet of the type used as a protective accessory in sports activities such as cycling, activities on cycles, scooters, skates, skates, etc. or protective accessory when traveling by plane or similar and that allows it to be inflated, deflated and packaged for new use, according to the need of the moment.”).
Claim 17 is a re-iteration of claims 1 and 15 and is fully disclosed in the same manner. The rejection being repeated here:
‘125 discloses: A protection device and/or protection assembly comprising a helmet (inflatable helmet 10) for the head and/or the neck of a human (helmet 10 is functional to be used to protect the head and/or neck), comprising an inflatable protection element (20) having an outer skin (21/22) enclosing at least one chamber (CM) and an air inlet means (30) for connecting the chamber (CM) with an air compressing means (element 30 is a valve which is stated in the instant application as an “air compressing means”), wherein the protection element (20) is configured to transit from a deflated first state (shown explicitly in figs. 1 and 1a) to an inflated second state (shown explicitly in figs. 2 and 2a) when air is pumped into the chamber (CM) through the air inlet means (30), and the outer skin (21/22) is adapted for covering and protecting at least a part of the human's head and/or neck when the protection element (20) is in its second state (helmets in general, as well as the device shown in figs 2 and 2a in the inflated/2nd state, inherently and explicitly function to protect the head and/or neck of a human).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020/093125 (Cicotoste et al.) in view of US 4233689 (Baron).
Regarding claim 14, ‘125 does not disclose the protection element (20) covers at least one of the chin, the mouth, and the nose of the human, preferably the chin, the mouth and the nose, when it is in its inflated second state.
However, ‘689 is referenced as it teaches explicitly, “It is another object of the present invention to provide protective headgear for protecting the wearer's head and face without impairing his vision.
It is another object of the present invention to provide protective headgear which will absorb the shock of a blow to the wearer's face.
It is a further object of the present invention to provide protective headgear for use in the martial arts which protects the wearer's head, face and throat without obstructing his vision [pars. 7-9, Summary of Invention].”.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the protective element of ‘125 to further include portions/cushions, as taught by ‘689, to further cover and therefore protect the wearer’s head and face from impacts during use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Numerous inflatable protective devices are attached to establish the general state of the prior art.
Applicant is urged to diligently peruse these references and to form any amendments and arguments to overcome the explicit and implicit disclosures and teachings of the prior art, in an effort to arrive at claims that are in patentable condition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732
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