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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3-22 & 24-26 of copending Application No. 18/008/8692 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications are directed to the same subject matter of a helmet with a head mount suspended within the outer shell having a head engagement device.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 1-14, & 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sutter (USPN 7,124,449).
Regarding Claim 1, Sutter discloses a helmet (100), comprising: an outer shell (110); a head mount (150/315/610) comprising a head ring (160/170) that is configured to engage at least the forehead of a wearer of the helmet (Figures 1-6), and a plurality of straps (315/610/399/310) that are configured to extend across an uppermost point of the head of a wearer of the helmet when the head is in an upright position (Col. 3, lines 52-58 & Col. 5, lines 30-39), with each strap of the plurality of straps extending between and connected to an opposing pair of connection points on the outer shell (Figures 6 & via 310); wherein the head mount is suspended within the outer shell such that, in use, an air gap is provided between the head mount and the outer shell (Abstract & Col. 2, lines 11-22 & Col. 5, lines 27-32); the helmet further comprises a head engagement device (180) that is mounted on a surface of the head mount (Figures 3-6), that is configured to face the head of a wearer of the helmet (Figures 3-6), such that the head engagement device can move relative to the head mount (Col. 3, lines 52-58 & Col. 5, lines 30-39), the head engagement device comprising a crown region that is configured to be located between the top of the head of the wearer of the helmet and the head mount (Abstract & Figures 3-6), a frontal region that is configured to overlap with the head ring (Figure 6), and an intermediate region that connects the crown region to the frontal region (Figures 3-6); the head engagement device includes at least one hole (796) through which at least one strap of the plurality of straps passes (Figures 3-6); and a low friction interface is provided between the head mount and the head engagement device (Abstract & Col. 2, lines 11-22 & Col. 5, lines 27-32 & Figures 3-6).
Regarding Claim 2, Sutter discloses the head engagement device is connected to the head mount (Figures 3-6).
Regarding Claim 3, Sutter discloses at least two straps of the plurality of straps are connected to each other (315/610/399/310 & Figures 3-6).
Regarding Claim 4, Sutter discloses the head engagement device is connected to the head mount by at least one connector (310a or 310b or phantom stitch in Figures 3-6) that engages with one strap of the plurality of straps (Figures 3-6).
Regarding Claim 5, Sutter discloses the at least one connector has a first end and a second end (1st & 2nd, see annotated Figure 6 below) that are both joined to the head engagement device at respective first and second locations on the head engagement device (Figure 6); and the one strap (399) of the plurality of straps is located between the connector and the head engagement device in a region between the first and second locations on the head engagement device (Figure 6).
Regarding Claim 6, Sutter discloses the one strap (310b) of the plurality of straps is not fixedly secured to any part of the connector (310a) such that the one strap can slide relative to the connector (Figure 3).
Regarding Claim 7, Sutter discloses the connector is formed from an elongate section of material, optionally one of a cord, band or a tape (Figures 3-6, Col. 3, lines 59-67).
Regarding Claim 8, Sutter discloses plural connectors are formed from separate pieces of said material (loops, Figures 3-6, Col. 3, lines 59-67) .
Regarding Claim 9, Sutter discloses plural connectors are formed from sections of a single piece of said material (loops, Figures 3-6, Col. 3, lines 59-67).
Regarding Claim 10, Sutter discloses the head mount comprises at least one strap of the plurality of straps connected to the front of the outer shell extending in a direction towards the rear of the helmet (Figures 3-6).
Regarding Claim 11, Sutter discloses the head engagement device is provided as a single component (180, Figures 3-6).
Regarding Claim 12, Sutter discloses the head engagement device is formed from plural separate sections (Col. 5, lines 30-39).
Regarding Claim 13, Sutter discloses the frontal regional of the head engagement device is located between the forehead of the wearer of the helmet and the head ring (Figures 3-6).
Regarding Claim 14, Sutter discloses the head ring is located between the forehead of the wearer of the helmet and the frontal regional of the head engagement device (Figures 3-6).
Regarding Claim 19, Sutter discloses the head engagement device comprises a plate of material, optionally shaped to conform to the head of a wearer of the helmet (Figures 3-6).
Regarding Claim 20, Sutter discloses the head engagement device comprises a plurality of holes that may be configured to provide at least one of a location for a connector to join to the head engagement device and ventilation (Figures 3-6 & Col. 5, lines 27-39).
Regarding Claim 21, Sutter discloses the low friction interface is provided by a low coefficient of friction between the surfaces of the head mount and the head engagement (Figures 3-6, Abstract, Col. 2, lines 11-22).
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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.
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 15-18 & 23 are rejected under 35 U.S.C. 103 as being unpatentable over Sutter (USPN 7,124,449) in view of Holt (USPN 3,577,652).
Regarding Claim 15, Sutter does not specifically disclose a front pad positioned to be adjacent the forehead of the wearer of the helmet. However, Holt discloses pads positioned around a user in a helmet (Col. 1, lines 7-37) for the purpose of cushioning including a front pad (2) positioned to be adjacent the forehead of the wearer of the helmet. It would have been obvious to one of ordinary skill in the art before the effective filing date to include the front pad, as taught by Holt, to the helmet of Sutter, in order to provide cushioning for the wearer providing shock absorbency.
Regarding Claim 16, the combination of Sutter and Holt disclose the front pad is connected to at least one of the head ring, the frontal region of the head engagement device and the outer shell (as modified, Sutter, Figures 3-6 & Holt, Figures 1-3).
Regarding Claim 17, the combination of Sutter and Holt discloses the front pad is connected by elastic connectors (Holt, 11, 13, 14) that are configured to enable the front pad to move relative to the component to which it is connected.
Regarding Claim 18, Sutter does not specifically discloses the head engagement device comprises one or more pads provided on a surface of the head engagement device facing the head of a wearer of the helmet. However, Holt discloses pads positioned around a user in a helmet (Col. 1, lines 7-37) for the purpose of cushioning. It would have been obvious to one of ordinary skill in the art before the effective filing date to include pads, as taught by Holt, to the helmet of Sutter, in order to provide cushioning for the wearer providing shock absorbency.
Regarding Claim 23, Sutter discloses a helmet (100), comprising: an outer shell (110); a head mount (150/610/399/310), configured to be mounted on the top of the head of a wearer of the helmet (Col. 3, lines 52-58 & Col. 5, lines 30-39), the head mount comprising a head ring (160/170) that is configured to engage at least the forehead of a wearer of the helmet (Figures 1-6); wherein the head mount is suspended within the outer shell such that, in use, an air gap is provided between head mount and the outer shell (Abstract & Col. 2, lines 11-22 & Col. 5, lines 27-32); the helmet further comprises a head engagement device (180) that is mounted on a surface of the head mount (Figures 3-6), that is configured to face the head of a wearer of the helmet (Figures 3-6), such that the head engagement device can move relative to the head mount (Col. 3, lines 52-58 & Col. 5, lines 30-39), the head engagement device comprising a crown region that is configured to be located between the top of the head of a wearer of the helmet and the head mount (Abstract & Figures 3-6), and a frontal region that is configured to be located adjacent the head ring (Figure 6); a low friction interface is provided between the head mount and the head engagement device (Abstract & Col. 2, lines 11-22 & Col. 5, lines 27-32 & Figures 3-6). Sutter does not specifically disclose a front pad positioned to be adjacent the forehead of the wearer of the helmet. he front pad connected to at least one of the head ring, the frontal region of the head engagement device and the outer shell by elastic connectors that are configured to enable the front pad to move relative to the component to which it is connected. However, Holt discloses pads positioned around a user in a helmet (Col. 1, lines 7-37) for the purpose of cushioning including a front pad (2) positioned to be adjacent the forehead of the wearer of the helmet, and the outer shell by elastic connectors (11, 13, 14) that are configured to enable the front pad to move relative to the component to which it is connected. It would have been obvious to one of ordinary skill in the art before the effective filing date to include the front pad, as taught by Holt, to the helmet of Sutter, in order to provide cushioning for the wearer providing shock absorbency. Therefore the combination of Sutter and Holt disclose the front pad is connected to at least one of the head ring, the frontal region of the head engagement device and the outer shell (as modified, Sutter, Figures 3-6 & Holt, Figures 1-3).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Sutter (USPN 7,124,449).
Regarding Claim 22, Sutter does not specifically disclose in the absence of an impact on the helmet, the separation between the outer shell and the head mount at a location corresponding to the top of the head of a wearer provided by the air gap is at least 10mm, optionally at least 15mm, optionally at least 20mm, optionally at least 30mm, optionally at least 40mm. It, however, would have been obvious to one having ordinary skill in the art at the time the invention was made to experiment with different ranges of space for the gap in order to achieve an optimal configuration, since discovering the optimum or workable ranges of the the gap involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/ Primary Examiner, Art Unit 3732