DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
Claims 30-59 are pending in this application.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).
Correction of the following is required: Applicant has indicated structural elements 42, 43, 44, 45 and 46 in the Figures without providing an explanation as to what the elements are.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
In the instant case there does not appear to be any means for language in the claims and/or language to be considered under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 30, 32 and 36 are rejected under 35 U.S.C. 103(a) as being unpatentable over Grant US 6481024 (herein after Grant) in view of Winningham US 7886370 (herein after Winningham).
Regarding claim 30, Grant discloses a chin strap assembly for a protective sports helmet (Abstract), the chin strap comprising: an inner pad member (55) adapted to engage an extent of a chin of a person (Abstract) wearing the protective sports helmet (Abstract); an outer protective member (13) having: a first terminal end (as seen in annotated Figure 6), a second terminal end (as seen in annotated Figure 6), a central region (as seen in annotated Figure 6) integrally formed as part of the outer protective member (as seen in annotated Figure 6) and outwardly offset (as seen in annotated Figures 5 and 6) with respect to: (i) a first outer surface of the outer protective member (as seen in annotated Figures 5 and 6) that is positioned between the central region and the first terminal end (as seen in annotated Figure 6), and (ii) a second outer surface of the outer protective member (as seen in annotated Figures 5 and 6) that is positioned between the central region and the second terminal end (as seen in annotated Figures 5 and 6).
[AltContent: textbox (Second outer surface)][AltContent: textbox (Central region)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (First outer surface)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second terminal end.)][AltContent: textbox (First terminal end.)]
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However, while Grant does teach first and second ventilation openings in the outer surface, (see 105 and column 9 lines 32-42 and further states the openings can be any size and shape) Grant does not specifically state the openings having a first substantially linear edge; and a strap assembly having a first elongated strap member and a second elongated strap member that are both coupled to the outer protective member.
Winningham teaches the openings having a first substantially linear edge (as seen in annotated Figures 1 and 3); and a strap assembly having a first elongated strap member (as seen in annotated Figures 1 and 3) and a second elongated strap member that are both coupled to the outer protective member (as seen in annotated Figures 1 and 3).
[AltContent: textbox (First ventilation opening having a first substantially linear edge.)][AltContent: textbox (Second ventilation opening having a first substantially linear edge.)]
[AltContent: textbox (A first elongated strap member.)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A second elongated strap member.)][AltContent: arrow][AltContent: arrow][AltContent: textbox (A first substantially linear edge)][AltContent: arrow][AltContent: arrow]
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Grant and Winningham are analogous art to the claimed invention in that they relate to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant by constructing the first ventilation opening formed in the first outer surface and having a first substantially linear edge; and a second ventilation opening formed in the second outer surface having a first substantially linear edge and a strap assembly having a first elongated strap member and a second elongated strap member that are both coupled to the outer protective member as taught by Winningham in order to provide ventilation to chin guard and allow for proper positioning and fit to ensure the chin guard stays in place comfortably during wear.
Regarding claim 32, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein an extent (as seen in annotated Figures 1 and 3 of Winningham) of the first substantially linear edges (as seen in annotated Figures 1 and 3 of Winningham) of the first and second ventilation openings are parallel (as seen in annotated Figures 1 and 3 of Winningham).
[AltContent: textbox (An inner surface with respect to a portion of the inner surface of the outer protective member.)]Regarding claim 36, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the central region has an inner surface (as seen in annotated Figures 5 and 6 of Grant) that is recessed with respect to a portion of the inner surface of the outer protective member (as seen in annotated Figures 5 and 6 of Grant) that is positioned between the central region (as seen in annotated Figures 5 and 6 of Grant) and the first terminal end (as seen in annotated Figures 5 and 6 of Grant).
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Claims 31, 33, 34, 35 and 38 are rejected under 35 U.S.C. 103(a) as being unpatentable over Grant US 6481024 (herein after Grant) in view of Winningham US 7886370 (herein after Winningham).
as applied to claim 30 above, and further in view of Schiebl US D620205 S (herein after Schiebl’205).
Regarding claim 31, the chin strap assembly for a protective sports helmet of the combined references disclose all the limitations of claim 31 except they do not disclose wherein the outer protective member includes both a first angled portion extending from a first side of the central region towards the first ventilation opening, and a second angled portion extending from a second side of the central region towards the second ventilation opening.
Schiebl’205 teaches wherein the outer protective member includes both a first angled portion (as seen in annotated Figures 1, 2, 3, 4 and 8) extending from a first side of the central region (as seen in annotated Figures 1 and 2) towards the first ventilation opening (as seen in annotated Figures 1 and 2), and a second angled portion (as seen in annotated Figures 1 and 2) extending from a second side of the central region (as seen in annotated Figures 1 and 2) towards the second ventilation opening (as seen in annotated Figures 1 and 2).
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[AltContent: textbox (The outer protective member includes both a first angled portion extending from a first side of the central region towards the first ventilation opening.)][AltContent: textbox (A second angled portion extending from a second side of the central region towards the second ventilation opening.)]
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Schiebl’205 is analogous art to the claimed invention in that it relates to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant by constructing the outer protective member including both a first angled portion extending from a first side of the central region towards the first ventilation opening, and a second angled portion extending from a second side of the central region towards the second ventilation opening as taught by Schiebl’205 in order to provide create an opportunity for improved ventilation at the side of the chin guard.
Regarding claim 33, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the first ventilation opening includes a second edge (as seen in annotated Figures 1, 2, 3, 4 and 8 of Schiebl’205), and wherein the second ventilation opening includes a second edge (as seen in annotated Figures 1, 2, 3, 4 and 8 of Schiebl’205); and wherein an extent of the second edges of the first and second ventilation openings are not parallel (as seen in annotated Figures 1, 2, 3, 4 and 8 of Schiebl’205).
Regarding claim 34, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the first ventilation opening includes a third substantially linear edge (as seen in annotated Figure 3 of Schiebl’205), and wherein an acute angle is formed between the first and second edges of the first ventilation opening (as seen in annotated Figure 3 of Schiebl’205).
[AltContent: textbox (Second edge)][AltContent: textbox (First ventilation opening)][AltContent: textbox (Second ventilation opening)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (First edge)][AltContent: arrow][AltContent: textbox (Third substantially linear edge)][AltContent: arrow][AltContent: arrow]
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Regarding claim 35, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the first ventilation opening includes a second edge (as seen in annotated Figure 3 of Schiebl’205) and the second ventilation opening includes a second edge (as seen in annotated Figure 3 of Schiebl’205); and wherein the second edges of the first and second ventilation openings are positioned adjacent to the central region (as seen in annotated Figure 3 of Schiebl’205).
Regarding claim 38, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the central region includes a V-shaped configuration (as seen in annotated Figure 2 of Schiebl’205).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (The central region includes a V-shaped configuration.)]
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Claims 37 and 39 are rejected under 35 U.S.C. 103(a) as being unpatentable over Grant US 6481024 (herein after Grant) in view of Winningham US 7886370 (herein after Winningham).
as applied to claim 30 above, and further in view of Schiebl US 8006322 (herein after Schiebl’322).
Regarding claim 37, the chin strap assembly for a protective sports helmet of the combined references disclose all the limitations of claim 37 and further discloses wherein, in a connected position (as seen in annotated Figures 5, 6 and in Figure 1 of Grant), the central portion of the inner pad member is positioned within a portion of the recess in the inner surface of the protective member (as seen in annotated Figures 5, 6 and in Figure 1 of Grant), however, they do not disclose and wherein the inner pad member has a central portion and at least two ventilation openings, said central portion is positioned between the first and second ventilation openings.
Schiebl’322 teaches wherein the inner pad member has a central portion (as seen in annotated Figure 6) and at least two ventilation openings (as seen in annotated Figure 6), said central portion is positioned between the first and second ventilation openings (as seen in annotated Figure 6).
[AltContent: arrow][AltContent: textbox (Central portion)][AltContent: arrow][AltContent: arrow][AltContent: textbox (The inner pad member has a central portion and at least two ventilation openings.)][AltContent: textbox (Said central portion is positioned between the first and second ventilation openings.)]
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Schiebl’322 is analogous art to the claimed invention in that it relates to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant by constructing the inner pad member having a central portion and at least two ventilation openings, said central portion being positioned between the first and second ventilation openings as taught by Schiebl’322 in order to provide align and secure the outer and inner member together and prevent slippage during impacts.
Regarding claim 39, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the inner pad member includes an outermost portion (as seen in annotated Figure 6 of Schiebl’322) that is configured to deform with respect to the outer protective member (as seen in annotated Figure 6 of Schiebl’322) when the inner pad member is engaged with an extent of a chin of a player wearing the chin strap assembly (as seen in annotated Figure 6 of Schiebl’322).
Claims 40, 41, 42, 43, 45, 46, 47, 48 and 49 are rejected under 35 U.S.C. 103(a) as being unpatentable over Grant US 6481024 (herein after Grant) in view of Schiebl US 8006322 (herein after Schiebl’322) and Winningham US 7886370 (herein after Winningham).
Regarding claim 40, Grant discloses a chin strap assembly for a protective sports helmet worn by a player while playing a contact sport (Abstract), the chin strap assembly comprising: an inner pad member (as seen in annotated Figures 5 and 6) adapted to engage an extent of a chin of a player (Abstract); an outer protective member having a first terminal end (as seen in annotated Figures 5 and 6), a second terminal end (as seen in annotated Figures 5 and 6), an inner surface (as seen in annotated Figures 5 and 6), and an outer surface (as seen in annotated Figures 5 and 6), the outer protective member (as seen in annotated Figures 5 and 6) having: a raised central region (as seen in annotated Figures 1, 5 and 6) having a first portion and a second portion that are integrally formed as part of the protective member (as seen in annotated Figures 1, 5 and 6), wherein the first and second portions are arranged to define a symbol having a linear configuration (as seen in annotated Figures 1, 5 and 6).
However, while Grant does teach first and second ventilation openings being adjacent/beside the raised central portion, (see 105 and column 9 lines 32-42). Grant does not specifically disclose the first ventilation opening being between the raised central region and the first terminal end; and a second ventilation opening being between the raised central region and the second terminal end.
Schiebl’322 teaches the first ventilation opening being between the raised central region and the first terminal end (as seen in annotated Figure 6); and a second ventilation opening being between the raised central region and the second terminal end (as seen in annotated Figure 6).
Grant and Schiebl’322 are analogous art to the claimed invention in that they relate to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant by constructing a first ventilation opening between the raised central region and the first terminal end; and a second ventilation opening between the raised central region and the second terminal end as taught by Schiebl’322 in order to hold the ventilation openings in position and ensure they openings in the outer and inner member are comfortably aligned.
However, Grant and Schiebl’322 do not specifically disclose and a strap assembly having a first elongated strap member and a second elongated strap member that are coupled to the protective member.
Winningham teaches and a strap assembly (as seen in annotated Figures 1 and 3 of Winningham) having a first elongated strap member (as seen in annotated Figures 1 and 3 of Winningham) and a second elongated strap member that are coupled to the protective member (as seen in annotated Figures 1 and 3 of Winningham).
Winningham is analogous art to the claimed invention in that it relates to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant and Schiebl’322 by constructing the strap assembly having a first elongated strap member and a second elongated strap member that are coupled to the protective member as taught by Winningham in order to allow for proper positioning and fit and ensure the chin guard stays in place comfortably during wear.
Regarding claim 41, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the outer protective member includes both a first sloped region (as seen in annotated Figures 4 and 6 of Schiebl’322) positioned between a first side of the raised central region (as seen in annotated Figures 4 and of Schiebl’322) and the first ventilation opening (as seen in annotated Figures 4 and 6 of Schiebl’322), and a second sloped region (as seen in annotated Figures 4 and 6 of Schiebl’322) positioned between a second side of the raised central region (as seen in annotated Figures 4 and 6 of Schiebl’322) and the second ventilation opening (as seen in annotated Figures 4 and 6 of Schiebl’322).
[AltContent: textbox (Raised central portion)][AltContent: textbox (A second sloped region positioned between a second side of the raised central region.)]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: textbox (A first sloped region positioned between a first side of the raised central region.)][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Regarding claim 42, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the first ventilation opening (as seen in annotated Figure 2 of Schiebl’322) includes an edge having a substantially linear portion (as seen in annotated Figure 2 of Schiebl’322) and the second ventilation opening includes an edge having a substantially linear portion (as seen in annotated Figure 2 of Schiebl’322); and wherein the substantially linear portion of the first ventilation opening is parallel (as seen in annotated Figure 2 of Schiebl’322) with the substantially linear portion of the second ventilation opening (as seen in annotated Figure 2 of Schiebl’322).
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (The second ventilation opening includes an edge having a substantially linear portion.)][AltContent: arrow][AltContent: textbox (The first ventilation opening. )]
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[AltContent: textbox (The substantially linear portion of the first ventilation opening is parallel with the substantially linear portion of the second ventilation opening.)]
Regarding claim 43, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the first ventilation opening includes a second edge (as seen in annotated Figure 2 of Schiebl’322) and the second ventilation opening includes a second edge (as seen in annotated Figure 2 of Schiebl’322); and wherein an extent of the second edges of the first and second ventilation openings are not parallel (as seen in annotated Figure 2 of Schiebl’322).
[AltContent: arrow][AltContent: textbox (Second edge)]
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Regarding claim 45, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the first ventilation opening includes a first edge and second edge (as seen in annotated Figures 2, 4 and 6 of Schiebl’322 of Schiebl’322 ), and wherein the second ventilation opening includes a first edge and second edge (as seen in annotated Figures 2, 4 and 6 of Schiebl’322 of Schiebl’322); and wherein the second edge of the first ventilation opening is positioned towards the first portion of the raised central region (as seen in annotated Figures 2, 4 and 6 of Schiebl’322 of Schiebl’322), and the second edge (as seen in annotated Figures 2, 4 and 6 of Schiebl’322 of Schiebl’322) of the second ventilation opening is positioned towards the second portion of the raised central region (as seen in annotated Figures 2, 4 and 6 of Schiebl’322 of Schiebl’322).
Regarding claim 46, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein an extent of the inner pad member extends between the first and second portions of the raised central region (as seen in annotated Figures 2, 4 and 6 of Schiebl’322); and wherein said extent of the inner pad member is configured to deform (as seen in annotated Figures 2, 4 and 6, Co 4, line 50 of Schiebl’322 ) with respect to the outer protective member when the inner pad member is engaged with an extent of a chin of a player wearing the chin strap assembly (as seen in annotated Figures 2, 4 and 6 of Schiebl’322).
Regarding claim 47, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein said raised central region is outwardly offset (as seen in annotated Figures 2, 4 and 6 of Schiebl’322) with respect to: (i) a first outer surface of the outer protective member (as seen in annotated Figures 2, 4 and 6 of Schiebl’322) that is positioned between the raised central region (as seen in annotated Figures 2, 4 and 6 of Schiebl’322) and the first terminal end (as seen in annotated Figures 2, 4 and 6 of Schiebl’322) and (ii) a second outer surface of the outer protective member that is positioned between the raised central region and the second terminal end (as seen in annotated Figures 2, 4 and 6 of Schiebl’322); and wherein the first ventilation opening is formed in the first outer surface (as seen in annotated Figures 2, 4 and 6 of Schiebl’322), and the second ventilation opening is formed in the second outer surface (as seen in annotated Figures 2, 4 and 6 of Schiebl’322).
Regarding claim 48, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the raised central region has an inner surface (as seen in annotated Figure 5 and 6 of Grant) that is recessed with respect to a portion of the inner surface of the outer protective member (as seen in annotated Figure 5 and 6 of Grant) that is positioned between the raised central region and the first terminal end (as seen in annotated Figure 5 and 6 of Grant).
Regarding claim 49, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the inner pad member has a central portion (as seen in annotated Figure 5 and 6 of Grant) and at least two ventilation openings (as seen in annotated Figure 5 and 6 of Grant), said central portion is positioned between the first and second ventilation openings (as seen in annotated Figure 5 and 6 of Grant); and wherein, in a connected position (as seen in annotated Figures 1, 5 and 6 of Grant), the central portion of the inner pad member is positioned within a portion of the recess in the inner surface of the protective member (as seen in annotated Figures 1, 5 and 6 of Grant).
Claim 44 is rejected under 35 U.S.C. 103(a) as being unpatentable over Grant US 6481024 (herein after Grant) in view of Winningham US 7886370 (herein after Winningham) and Schiebl US 8006322 (herein after Schiebl’322) as applied to claim 40 above, and further in view of Schiebl US D620205 S (herein after Schiebl’205).
Regarding claim 44, the chin strap assembly for a protective sports helmet of the combined references disclose all the limitations of claim 44 except they do not disclose wherein the first ventilation opening includes a second edge and a third edge, and wherein an acute angle is formed between the second edge and the first edge of the first ventilation opening.
Schiebl’205 teaches wherein the first ventilation opening includes a second edge and a third edge (as seen in annotated Figures 1, 2 and 3), and wherein an acute angle (as seen in annotated Figures 1, 2 and 3) is formed between the second edge and the first edge of the first ventilation opening (as seen in annotated Figures 1, 2 and 3).
Schiebl’205 is analogous art to the claimed invention in that it relates to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant, Winningham and Schiebl’322 by constructing the acute angle being formed between the second edge and the first edge of the first ventilation opening as taught by Schiebl’205 in order to provide an opening that is easy to clean and provides improved ventilation to the chin guard and makes the chin guard more comfortable to wear.
Claims 50 and 59 are rejected under 35 U.S.C. 103(a) as being unpatentable over Grant US 6481024 (herein after Grant) in view of Schiebl US D620205 S (herein after Schiebl’205) and Winningham US 7886370 (herein after Winningham).
Regarding claim 50, Grant discloses a chin strap assembly for a protective sports helmet comprising: chin strap assembly (Abstract) for a protective sports helmet worn by a player while playing a contact sport (Abstract), the chin strap assembly (Abstract) comprising:(i) an inner pad member (as seen in annotated Figures 1, 5 and 6) adapted to engage an extent of a chin of a person wearing the chin strap assembly,(ii) an outer protective member (as seen in annotated Figures 1, 5 and 6).
However, while Grant does teach the outer protective member includes a first ventilation opening formed in the outer protective member and a second ventilation opening formed in the outer protective member (see 105 and column 9 lines 32-42 and further states the openings can be any size and shape). Grant does not specifically disclose the first ventilation opening having a first edge, a second edge, and a third edge, and wherein an acute angle is formed between the second edge and the third edge; and the second ventilation opening having a first edge, a second edge, and a third edge, and wherein an acute angle is formed between the second edge and the third edge; and wherein an extent of the third edge of the first ventilation opening is substantially parallel to an extent of the third edge of the second ventilation opening.
Schiebl’205 teaches the first ventilation opening having a first edge (as seen in annotated Figures 1, 2 and 3), a second edge (as seen in annotated Figures 1, 2 and 3), and a third edge (as seen in annotated Figures 1, 2 and 3), and wherein an acute angle is formed between the second edge and the third edge (as seen in annotated Figures 1, 2 and 3); and the second ventilation opening having a first edge (as seen in annotated Figures 1, 2 and 3), a second edge (as seen in annotated Figures 1, 2 and 3), and a third edge (as seen in annotated Figures 1, 2 and 3), and wherein an acute angle is formed between the second edge and the third edge (as seen in annotated Figures 1, 2 and 3); and wherein an extent of the third edge of the first ventilation opening is substantially parallel to an extent of the third edge of the second ventilation opening (as seen in annotated Figures 1, 2 and 3).
Grant and Schiebl’205 are analogous art to the claimed invention in that they relate to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant by constructing the outer protective member includes a first ventilation opening formed in the outer protective member having a first edge, a second edge, and a third edge, and wherein an acute angle is formed between the second edge and the third edge; a second ventilation opening formed in the outer protective member and having a first edge, a second edge, and a third edge, and wherein an acute angle is formed between the second edge and the third edge; and wherein an extent of the third edge of the first ventilation opening is substantially parallel to an extent of the third edge of the second ventilation opening as taught by Schiebl’205 in order to create a triangular ventilation opening that is easier to care for and keep free of debris and allows for improved air circulation inside the chin guard.
However, Grant and Schiebl’205 do not specifically disclose a strap assembly having a first elongated strap member and a second elongated strap member that are both coupled to the protective member.
Winningham teaches a strap assembly having a first elongated strap member (as seen in annotated Figures 1 and 3 of Winningham) and a second elongated strap member that are both coupled to the protective member (as seen in annotated Figures 1 and 3 of Winningham).
Winningham is analogous art to the claimed invention in that it relates to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant and Schiebl’205 by constructing the strap assembly having a first elongated strap member and a second elongated strap member that are both coupled to the protective member as taught by Winningham in order to allow for proper positioning and fit and ensure the chin guard stays in place comfortably during wear.
Regarding claim 59, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the first and third edges of both of the first and second ventilation openings have substantially linear extents (as seen in annotated Figures 1, 2 and 3 of Schiebl’205).
Claims 51-58 are rejected under 35 U.S.C. 103(a) as being unpatentable over Grant US 6481024 (herein after Grant) in view of Schiebl US D620205 S (herein after Schiebl’205) and Winningham US 7886370 (herein after Winningham) as applied to claim 50 above, and further in view of Schiebl US 8006322 (herein after Schiebl’322)
Regarding claim 51, the chin strap assembly for a protective sports helmet of the combined references disclose all the limitations of claim 51 except they do not disclose wherein the inner pad member includes an outermost portion that is configured move with respect to the outer protective member when the inner pad member is engaged with an extent of a chin of a player wearing the protective sports helmet.
Schiebl’322 teaches wherein the inner pad member includes an outermost portion that is configured move with respect to the outer protective member (as seen in annotated Figures 4 and 6 of Schiebl’322) when the inner pad member is engaged with an extent of a chin of a player wearing the protective sports helmet (Abstract of Schiebl’322).
Schiebl’322 is analogous art to the claimed invention in that it relates to chin protectors.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the chin strap assembly for a protective sports helmet of Grant, Schiebl’205 and Winningham by constructing the inner pad member including an outermost portion that is configured move with respect to the outer protective member when the inner pad member is engaged with an extent of a chin of a player wearing the protective sports helmet as taught by Schiebl’322 in order to prevent injury during impacts and make the chin guard more comfortable to wear.
Regarding claim 52, the modified chin strap assembly for a protective sports helmet of the combined references discloses a first angled portion integrally formed as part of the outer protective member (as seen in annotated Figures 1, 2 and 3 of Schiebl’205) and positioned adjacent to the first ventilation opening (as seen in annotated Figures 1, 2 and 3 of Schiebl’205), and a second angled portion integrally formed as part of the outer protective member and positioned adjacent to the second ventilation opening (as seen in annotated Figures 1, 2 and 3 of Schiebl’205).
Regarding claim 53, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the second edge of the first ventilation opening is positioned adjacent to the first angled portion (as seen in annotated Figures 1, 2 and 3 of Schiebl’205), and the second edge of the second ventilation opening is positioned adjacent to the second angled portion (as seen in annotated Figures 1, 2 and 3 of Schiebl’205).
Regarding claim 54, the modified chin strap assembly for a protective sports helmet of the combined references discloses a raised central region that is integrally formed as part of the outer protective member and extending between the first and second angled portions (as seen in annotated Figures 1, 2 and 3 of Schiebl’205) .
Regarding claim 55, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the outer protective member includes a raised central region (as seen in annotated Figures 4 and 6 of Schiebl’322) positioned between the first and second ventilation openings (as seen in annotated Figures 4 and 6 of Schiebl’322).
Regarding claim 56, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein the raised central region has an inner surface that is recessed (as seen in annotated Figures 1, 5 and 6 of Grant) with respect to a portion of the inner surface of the outer protective member (as seen in annotated Figures 1, 5 and 6 of Grant) that is positioned between the raised central region and a first terminal end of the outer protective member (as seen in annotated Figures 1, 5 and 6 of Grant); and wherein an extent of the inner pad member is configured to be positioned within an extent of the recess in the inner surface of the outer protective member (as seen in annotated Figures 1, 5 and 6 of Grant).
Regarding claim 57, the modified chin strap assembly for a protective sports helmet of the combined references discloses wherein an extent of the second edges of the first and second ventilation openings are not parallel (as seen in annotated Figures 4 and 6 of Schiebl’322).
Regarding claim 58, the modified chin strap assembly for a protective sports helmet of the combined references discloses a raised central region (as seen in annotated Figures 4 and 6 of Schiebl’322) that is outwardly offset with respect to: (i) a first outer surface of the outer protective member (as seen in annotated Figures 4 and 6 of Schiebl’322) is positioned between the raised central region (as seen in annotated Figures 4 and 6 of Schiebl’322) and the first terminal end and (ii) a second outer surface of the outer protective member is positioned between the raised central region (as seen in annotated Figures 4 and 6 of Schiebl’322) and the second terminal end (as seen in annotated Figures 4 and 6 of Schiebl’322); and wherein the first ventilation opening is formed in the first outer surface (as seen in annotated Figures 4 and 6 of Schiebl’322), and the second ventilation opening is formed in the second outer surface (as seen in annotated Figures 4 and 6 of Schiebl’322).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE M FERREIRA whose telephone number is (571)270-5916, fax number (571) 270-6916. The examiner can normally be reached on Monday - Thursday 9:00 am- 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, ALISSA J. TOMPKINS, 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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/Catherine M. Ferreira/
Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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