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 .
Election/Restrictions
Applicant's election of Invention I (Claims 1-10) in the reply filed on 12/16/2025 is acknowledged.
Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/16/2025.
Claims 1-10 are being treated on the merits.
Drawings
The drawings are objected to because: the specification states "the crown 104 may further comprise a first end 114"; however, the reference numeral "114" in the drawings (at least Figs. 1-2) does not appear to be associated with the crown 104. Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 8-10 are objected to because of the following informalities:
In claims 8-10, the limitations "diameter (D1)", "diameter (D2)", "diameter (D3)", "(D4)", "diameter D1", "diameter D3" and "diameter D4" are inconsistent and confusing. It is noted that parentheses are generally used for enclosing reference characters corresponding to elements recited in the detailed description of the drawings. See MPEP § 608.01(m). It is suggested clearly distinct labels be used; for example, a first diameter, a second diameter, a third diameter, and a fourth diameter.
In claim 9, line 1, "defines" should read "define".
Appropriate correction is required.
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.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being which renders the claim indefinite. for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "a snap plug attached to or monolithic with a first side of the outer shell", which renders the claim indefinite. The term "snap plug" is not a common term in the garment art, and it is unclear what is being referred to. Is a "snap plug" configured to have a snap fitting feature and can be plugged into a position? If that is the case, how can a snap plug be "monolithic with a first side of the outer shell"? The specification does not provide a standard for ascertaining the feature, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, the examiner has interpreted "snap plug" as a structure in the safety helmet, which is either attached to or monolithic with the outer shell.
Claim 1 recites the limitation "cam profile", which renders the claim indefinite. The term "cam profile" is not a common term in the garment art, and it is unclear what is being referred to. For examination purposes, the limitation has been construed to be a track that allows an item to move through.
Claim 10 recites the limitation "the diameter D1". There is insufficient antecedent basis for this limitation in the claim. Claim 10 depends from claim 1 and 9, but the diameter (D1) is first defined in claim 8. For examination purposes, the examiner has interpreted that claim 9 depends from claim 8.
The remaining claims each depend from a rejected base claim and are likewise rejected.
Applicant is reminded that the examiner's interpretations of unclear limitations in the 112(b) section have been made per broadest reasoning interpretation, and is for the purpose of applying prior art, and does not necessarily constitute a suggestion. Applicant should make proper claim amendments in commensurate with the scope of the original disclosure.
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.
Claims 1-2 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 108938192 A, hereinafter "Huang '192") in view of Huang (US 2022/0071334 A1, hereinafter "Huang 334").
Regarding claim 1, Huang' 192 discloses a safety headgear (a head-mounted welding protective mask; fig. 1; see English translation; para. 0055) comprising:
a snap plug (piece 32 of angle adjustment device 3; fig. 2; paras. 0056, 0058) attached to or monolithic with a first side of the safety head covering (attached to a first side; figs. 1-2; para. 0071), wherein the snap plug comprises a first aperture (for passing threaded element 311; see fig. 6 and annotated fig. 2; para. 0058) and a cam profile (flip-limiting groove 324; fig. 3; para. 0061);
a screw element (base 31 and threaded element 311; fig. 2; para. 0059) comprising a first portion (threaded element 311; fig. 2; para. 0059) and a second portion (base 31; fig. 2; para. 0059), wherein the first portion comprises a plurality of threads (fig. 2; para. 0059) and the second portion comprises a protrusion (limiting post 312; fig. 2; para. 0061);
a crown (face mask 1; fig. 1; para. 0055) comprising a face shield (lens portion 11; fig. 1; para. 0055) and coupled to the snap plug via the screw element (figs. 1-2; para. 0059), wherein the crown comprises a second aperture (notch 12; figs. 1-2; para. 0059); and
a knob (knob 35; figs. 1-2; para. 0058) comprising a cavity (figs. 1-2; paras. 0058-0059), the knob comprising inner threads within the cavity (threadedly connected to threaded element 311; figs. 1-2; paras. 0058-0059),
wherein the first portion of the screw element is positioned within the first aperture of the snap plug (see annotated fig. 2; para. 0059), the second aperture of the crown (fig. 2; para. 0059), and the cavity of the knob (fig. 2; para. 0059), and
wherein the protrusion (limiting post 312; fig. 2) is configured to engage with the cam profile of the snap plug (flip-limiting groove 324; fig. 2; para. 0061) such that upon rotation of the face shield, the protrusion moves from a first position (see fig. 1; paras. 0058, 0061) to a second position (see fig. 1; paras. 0058, 0061) of the cam profile to change a position of the face shield (allowing the lens portion 11 to change position; fig. 2; paras. 0058, 0061).
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Annotated Fig. 2 from CN 108938192 A
Huang' 192 does not explicitly disclose wherein the safety headgear is a safety helmet comprising an outer shell, wherein the snap plug is positioned at a first side of the outer shell. However, Huang 334, in an analogous art, teaches a safety head covering being a safety helmet (a head-mounted welding mask comprising a hat 2; figs. 1-2; para. 0007), the safety helmet comprising an outer shell (hat 2; figs. 1-2; para. 0007) and a crown (mask shell 1; fig. 1; para. 0007), the crown comprising a face shield (a lower portion of the mask shell 1; see fig. 1), wherein a snap plug (movable-angle plate 42 of flip device 3; fig. 3; para. 0015) is positioned at a first side of the outer shell (figs. 1, 3), and a screw element (first link lever 321; figs. 3-4; para. 0065) comprising a threaded portion (threaded portion 3212; figs. 3-4; para. 0074) passing through the snap plug, the crown and a knob (fig. 3; paras. 0074). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the safety head covering as disclosed by Huang' 192, with wherein the safety headgear is a safety helmet comprising an outer shell wherein the snap plug is positioned at a first side of the outer shell as taught by Huang 334, in order to provide an improved safety head covering comprising a hat portion thereby being capable of fully protecting a welder's head during a welding operation.
Regarding claim 2, Huang' 192 and Huang 334, in combination, disclose the safety helmet of claim 1, and Huang' 192 further discloses wherein the cam profile comprises one or more grooves (groove 324; fig. 3) configured to provide resistive movement to the protrusion of the screw element (fig. 3; para. 0061).
Regarding claim 5, Huang' 192 and Huang 334, in combination, disclose the safety helmet of claim 1, and Huang' 192further discloses wherein when the protrusion is positioned in the first position of the cam profile, the face shield is in a stowed position (when the face shield 1 is rotated to a non-use position; see fig. 1), and wherein when the protrusion is positioned in the second position of the cam profile, the face shield is in a deployed position (when the face shield 1 is rotated to a use position; see fig. 1).
Regarding claim 6, Huang' 192 and Huang 334, in combination, disclose the safety helmet of claim 1, and Huang' 192 further discloses wherein the crown further comprises a first end (a left end; see fig. 1) and a second end (a right end; see fig. 1). Huang 334 further teaches wherein the first end is attached to the first side of the outer shell (see fig. 1), and also indicates the second end is attached to a second side of the outer shell (two the flip device 3 are symmetrically provided on both sides of the mask shell 1; fig. 1; para. 0080). In addition, it has been a common practice to provide a safety helmet with symmetrical structural features at a left side and a right side conforming to the anatomical feature of a human's head. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the crown and the outer shell, with wherein the first end is attached to the first side of the outer shell and the second end is attached to a second side of the outer shell for full protection of the user. Such a configuration is within the level of one of ordinary skill of the art.
Regarding claim 7, Huang' 192 and Huang 334, in combination, disclose the safety helmet of claim 6, and Huang' 192 further discloses wherein at least one of the first end and the second end of the crown are detachably positioned between the snap plug and the knob (by turning the knob 35 and separate the knob 35 and plate 36 from threaded element 311; figs. 1-2; paras. 0060, 0071).
Regarding claim 8, Huang' 192 and Huang 334, in combination, disclose the safety helmet of claim 1, and Huang' 192 further discloses wherein the first portion of the screw element defines a diameter (D1) and the inner threads of the knob defines a diameter (D2) (fig. 2), wherein the diameter D1 is smaller than the diameter D2 (fig. 2).
Huang' 192 does not explicitly disclose the diameter of the first portion of the screw element is 6.35 mm and the diameter of the inner threads of the knob is 8 mm. However, Applicant does not set forth any criticality for the above numbers. Accordingly, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to select the diameter of the first portion of the screw element and the diameter of the inner threads of the knob as claimed, in order to provide a proper connection between the knob and the screw element. A change in size/proportion is an obvious variation of engineering design and is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. Mere changes of dimensions/proportions are not considered to be patentably distinct limitations. See MPEP 2144.04 (IV)(A).
Regarding claim 9, Huang' 192 and Huang 334, in combination, disclose the safety helmet of claim 1, except for wherein the first aperture and the second aperture defines a diameter (D3) of 10.5 mm and (D4) of 10.5 mm respectively. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the shape of the second aperture (notch 12; fig. 2) as disclosed by Huang' 192 to have a circular shape, in order to match the shape of the threaded first portion (threaded element 311; fig. 2), in order to provide an improved configuration to pass the threaded first portion through the second aperture thereby securing the different parts in the angle adjustment device when assembled. In addition, Applicant does not set forth any criticality for the claimed values of the diameters. Accordingly, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to select the diameters of the first aperture and the second aperture as claimed corresponding to the diameter of the threaded portion of the screw element, in order to provide a proper connection between the snap plug, the crown and the screw element. A change in size/proportion is an obvious variation of engineering design and is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. Mere changes of dimensions/proportions are not considered to be patentably distinct limitations. See MPEP 2144.04 (IV)(A).
Regarding claim 10, Huang' 192 and Huang 334, in combination, disclose the safety helmet of claim 9, except for wherein the diameter D1 is smaller than the diameter D3 of the first aperture and diameter D4 of the second aperture. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have made a configuration as claimed, because the first portion of the screw element is configured to be screwed through the first aperture and the second aperture as required by claim 1. As such, the diameter of the first portion of the screw element must be smaller than the diameters of the first and second apertures. Such a configuration is within the level of one of ordinary skill of the art.
Status of Claims
Pending claims 3-4 are free of prior art rejections. None of the prior art of record alone or in combination discloses, teaches or reasonably suggests wherein the second portion of the screw element further comprises a block element, wherein the block element is positioned within the second aperture of the crown.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary. Han (KR 200395938 Y1) and (US 3,727,235) each disclose a safety headgear comprising a face shield, and the position of the face shield is adjustable by moving a protrusion through a track.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached on (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732