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 without traverse of Species C (Figs. 15-23) in the reply filed on February 9, 2026 is acknowledged.
Claim 3 is withdrawn from further consideration by Examiner and claims 6 and 10 are withdrawn from further consideration by Applicant, pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Claim 3 is drawing to the traverse beam being coupled to the third longitudinal beam with an adhesive, however, according to para. 0116, the transvers beam is connected to the rim 536 with adhesive, not any of the longitudinal beams. Further see para. 0110 where the rim is different from the longitudinal beams.
Accordingly, claims 1-21 are pending in this application, with an action on the merits to follow regarding claims 1-2, 4-5, 7-9, and 11-21.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4, 15, and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-4, 6-10, and 12-14 of U.S. Patent No. 12369672. Although the claims at issue are not identical, each includes the same limitations with similar language as shown below:
Claims of 19/261441
relationship
Claims of US 12369672
1
broader than
3
4
similar to
3
15
broader than
4
18
broader than
1
19
similar to
1
20
similar to
4
Claim Rejections - 35 USC § 112(b)
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.
Claim 4, 7, 17, and 18 (and claims 19-21 at least for depending from a rejected claim) is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 is indefinite as it recites, “wherein the transverse beam is wrapped around the first longitudinal beam in a first direction and wrapped around the second longitudinal beam in a second, opposite direction.” As claim 1 recites, “a transverse beam… is coupled to the first longitudinal beam and the second longitudinal beam”, it is unclear if “wrapped” in claim 6 is referring to the “coupled” from claim 1 or a different or additional attachment. Examiner has interpreted claim 6 to mean, “wherein the transverse beam is coupled to the first longitudinal beam and the second longitudinal beam by being wrapped around the first longitudinal beam in a first direction and wrapped around the second longitudinal beam in a second, opposite direction.”
Claims 7 and 17 are indefinite as each recites, “wherein the cage is encapsulated in a resin layer”. As claims 1 and 15 each recites, “a body that fully encapsulates the plurality of longitudinal beams and that [only] partially encapsulates the transverse beam”, it is unclear if the cage is also encapsulated in a resin layer or if the body comprises a resin layer that encapsulates the cage. For purposes of examination, Examiner has interrupted the limitation to mean that the body comprises a resin layer that encapsulates the cage.
Claim 18 is indefinite as it recites, “and a body that fully encapsulates the plurality of beams and that partially encapsulates the third beam”. As the claim previously recites, “the plurality of beams including a first beam and a second beam; and a third beam” where the third beam can be interpreted as part of the plurality of beams, it is unclear how the body can fully encapsulate the plurality of beams and also partially encapsulate the third beam. Examiner respectfully suggests amend to differentiate the third beam from the plurality of beams (i.e. not naming the beams as the first beam, the second beam, and the third beam).
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) 1-2, 7-8, 11-12, 14, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gentes (US 5481762) in view of Broersma (US 5119516).
Regarding claim 1, Gentes discloses a helmet (Figs. 1-5) comprising: a cage (30) defining a front end, a back end opposite the front end, a first lateral end and a second lateral end opposite the first lateral end (see annotated Fig. 2), the cage including: a plurality of longitudinal beams (18, 20) that extend between the back end of the cage and the front end of the cage (18, 20), the plurality of longitudinal beams including a first longitudinal beam (18) and a second longitudinal beam (20); and a transverse beam (16) that: extends between the first lateral end of the cage and the second lateral end of the cage (as seen in annotated Fig. 2), is coupled to the first longitudinal beam and the second longitudinal beam (as shown in Fig. 2 and via 24/26), and is tensilely loaded between the first longitudinal beam and the second longitudinal beam (Examiner notes this limitation is deemed a product-by-process limitation in the claim. Although the structure of helmet may be formed by a different process, the end product is the same as that of Applicant’s claimed invention. The process by which the end resultant product is constructed (i.e. tensile loading the transverse beam) is not germane to the end resultant product, absent any positively recited patentably defining structure. See MPEP 2113. Therefore, because Gentes the structure, Gentes anticipates or at least makes obvious the tensile loading of the transverse beam of the claimed invention as the ribs are deformable and the rib 16 is anchored to ribs 18 and 20 and the left and right sides of annular body 12, and so the transverse beam is can be tensilely loaded when a first end of the transverse beam is coupled to the first longitudinal beam and a second end of the transverse beam is anchored to the second longitudinal beam, see col. 3, lines 10-20) ; and a body (50) that fully encapsulates the plurality of longitudinal beams (see Figs. 3-5 and col. 4, lines 27-33), the body defining a plurality of vents (30), each vent of the plurality of vents being situated between different pairs of adjacent longitudinal beams of the plurality of longitudinal beams (see Figs. 4-5). ,
Gentes does not expressly disclose wherein the helmet body partially encapsulating the transverse beam, and the transverse beam extends through at least one of the one or more vents.
Broersma teaches a cycling helmet (210, Figs. 20-26) with beams wherein the helmet body (211) partially encapsulating the transverse beam (243, shown as partially encapsulated in Figs. 20-22), and the transverse beam extends through at least one of the one or more vents (221-224, see Figs. 20-22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to only partially encapsulate the transverses beam(s) of Gentes such that it extends though the vents (i.e. enlarge the vents), as taught by Broersma, in order to provide larger vent openings for cooling purposes (see col. 6, lines 25-30 of Broersma).
Regarding claim 2, the modified helmet of Gentes discloses wherein the transverse beam (16) extends through at least two of the plurality of vents (as when modified by Broersma, the transverse beam(s) extend through multiple vents across the helmet).
Regarding claim 7, the modified helmet of Gentes discloses wherein the cage (30) is encapsulated in a resin layer (as the cage is encapsulated in the body which is made of gas expanded synthetic resin, see claim 16).
Regarding claim 8, the modified helmet of Gentes discloses wherein at least part of the transverse beam (16) includes a non-circular cross-section (as seen in Fig. 2, at least parts of 16 are not circular).
Regarding claim 11, the modified helmet of Gentes discloses wherein the cage (30) further includes a second transverse beam (14) that extends away from the first lateral end of the cage and toward the second lateral end of the cage (as seen in annotated Fig. 2), the second transverse beam being coupled (via 24/26) to one of the plurality of longitudinal beams (18-20, see Fig. 2).
Regarding claim 12, the modified helmet of Gentes discloses wherein the transverse beam (16) and the second transverse beam (14) are anchored to different ones of the multiple longitudinal beams (as 14 and 16 are anchored to 18 and 20).
Regarding claim 14, the modified helmet of Gentes discloses wherein the transverse beam and the second transverse beam both extend through a first one of the at least one of the plurality of vents (as when modified by Broersma, the vents extend most of the distance from the front end to the back end of the helmet and thus the beams 16 and 14 of Gentes would both extend through each of the vents).
Regarding claim 18, Gentes discloses a helmet (Figs. 1-5) comprising: a cage (30) defining a first end (front end, see annotated Fig. 2), a second end opposite the front end (back end, see annotated Fig. 2), the cage including: a plurality of beams (14-20) that extend between the second end of the cage and the first end of the cage (seen in Figs. 2-4), the plurality of beams including a first beam (18) and a second beam (20); and a third beam (16) that: extends between the first beam and the second beam (as seen in Fig. 2), and is coupled to the first beam and the second beam (as shown in Fig. 2 and via 24/26); and a body (50) that fully encapsulates the plurality of beams (interpreted to include first and second beams, see Figs. 3-5 and col. 4, lines 27-33) and that encapsulates the third beam (see Figs. 3-5 and col. 4, lines 27-33), the body defining a plurality of vents (60), each vent of the plurality of vents being situated between different pairs of adjacent beams of the plurality of beams (see Figs. 4-5), and the first beam and the second beam are immediately adjacent to one another (as seen in Figs. 2-4).
Gentes does not expressly disclose wherein the helmet body partially encapsulating the third beam, and wherein the third beam extends through at least one of the plurality of vents.
Broersma teaches a cycling helmet (210, Figs. 20-26) with beams wherein the helmet body (211) partially encapsulating the third beam (243, shown as partially encapsulated in Figs. 20-22), and the third beam extends through at least one of the one or more vents (221-224, see Figs. 20-22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to only partially encapsulate the third beam(s) of Gentes such that it extends though the vents (i.e. enlarge the vents), as taught by Broersma, in order to provide larger vent openings for cooling purposes (see col. 6, lines 25-30 of Broersma).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Gentes and Broersma, as applied to claim 1 above, and further in view of O’Bradaigh (US 6292954).
Regarding claim 5, the modified helmet of Gentes discloses all the limitations of claim 1 above, but does not expressly disclose wherein at least part of the transverse beam is a braided filament.
O’Bradaigh teaches assembly of cage structures for headgear wherein at least part of the transverse beam is a braided filament (see col. 6, lines 65-67).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the beams of the modified helmet of Gentes with an inner core and braided reinforcing fibers, as taught by O’Bradaigh in order “to retain the yarns of the core together until the protective headgear is formed” (see col. 7, lines 4-6 of O’Bradaigh).
Claim(s) 9 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Gentes and Broersma, as applied to claims 1 and 18, above, and further in view of Butash (US 4594737).
Regarding claim 9, the modified helmet of Gentes discloses all the limitations of claim 1 above, but does not expressly disclose wherein at least part of the transverse beam includes a thermoplastic polyurethane coating.
Butash teaches a cage element for headwear wherein exposed sections of the wire (22) include a thermoplastic coating (see col. 2, lines 1-3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a thermoplastic coating on at least the exposed sections of the transverse beam of the modified helmet of Gentes as taught by Butash in order to protect the parts of cage that are exposed to the external environment to minimize degradation and/or glare.
The modified helmet of Gentes does not expressly disclose wherein the thermoplastic coating is thermoplastic polyurethane. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a thermoplastic polyurethane to coat the beam since TPU is s recyclable and avoids releasing harmful chemicals during production and disposal, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Regarding claim 21, the modified helmet of Gentes discloses all the limitations of claim 18 above, but does not expressly disclose wherein a portion of the third beam located within one of the at least one of the plurality of vents includes a thermoplastic polyurethane coating.
Butash teaches a cage element for headwear wherein exposed sections of the wire (22) include a thermoplastic coating (see col. 2, lines 1-3).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a thermoplastic coating on at least the exposed sections of the transverse/third beam of the modified helmet of Gentes as taught by Butash in order to protect the parts of cage that are exposed to the external environment to minimize degradation and/or glare.
The modified helmet of Gentes does not expressly disclose wherein the thermoplastic coating is thermoplastic polyurethane. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a thermoplastic polyurethane to coat the beam since TPU is s recyclable and avoids releasing harmful chemicals during production and disposal, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gentes, in view of Garneau (US 2003/0056279), and further in view of Broersma.
Regarding claim 15, Gentes discloses a helmet (Figs. 1-5) comprising: a cage (30) defining a front end, a back end opposite the front end, a first lateral end and a second lateral end opposite the first lateral end (see annotated Fig. 2), the cage including: a plurality of longitudinal beams (18, 20) that extend between the back end of the cage and the front end of the cage (seen in Figs. 2-4); and a transverse beam (16) that extends between the first lateral end of the cage and the second lateral end of the cage (as seen in Fig. 2), the transverse beam being coupled to two or more of the plurality of longitudinal beams (as shown in Fig. 2 and via 24/26), and a body (50) that fully encapsulates the plurality of longitudinal beams (see Figs. 3-5 and col. 4, lines 27-33), the body defining a plurality of vents (30), each vent of the plurality of vents being situated between different pairs of adjacent longitudinal beams of the plurality of longitudinal beams (see Figs. 4-5).
Gentes does not expressly discloses wherein a width of the transverse beam is less than or equal to approximately 2.5 millimeters; and wherein the helmet body partially encapsulating the transverse beam, and the transverse beam extends through at least one of the one or more vents.
Garneau teaches a cyclist helmet with an internal reinforcing structure wherein a width of the transverse beam (22) is less than or equal to approximately 2.5 millimeters (see col. 6, lines 25-30).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the transverse beam of the modified helmet of Gentes less than or equal to approximately 2.5 millimeters as taught by Garneau in order to maximize strength of the beam with a given material while minimizing the weight of the cage so that it does not add too much additional weight to the helmet and since the claimed values are merely an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
The modified helmet of Gentes does not expressly disclose wherein the helmet body partially encapsulating the transverse beam, and the transverse beam extends through at least one of the one or more vents.
Broersma teaches a cycling helmet (210, Figs. 20-26) with beams wherein the helmet body (211) partially encapsulating the transverse beam (243, shown as partially encapsulated in Figs. 20-22), and the transverse beam extends through at least one of the one or more vents (221-224, see Figs. 20-22).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to only partially encapsulate the transverses beam(s) of the modified helmet of Gentes such that it extends though the vents (i.e. enlarge the vents), as taught by Broersma, in order to provide larger vent openings for cooling purposes (see col. 6, lines 25-30 of Broersma).
Regarding claim 16, the modified helmet of Gentes discloses further comprising a rim (12) that extends around a periphery of the cage (as can be seen in Fig. 2), wherein the transverse beam (16) is further coupled to the rim (as disclosed in col. 3, lines 17-20).
Regarding claim 17, the modified helmet of Gentes discloses wherein the cage (30) is encapsulated in a resin layer (as the cage is encapsulated in the body which is made of gas expanded synthetic resin, see claim 16), including portions of the transverse beam extending through the at least one of the plurality of vents (as when modified, at least parts of the transverse beam are still encapsulated in the body which is made of the synthetic resin).
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Annotated Fig. 2 (Gentes)
Allowable Subject Matter
Claims 4, 13, and 19-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and/or the Double Patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter: The claims are allowable over the prior art of record as none of them, alone or in combination, disclose wherein the transverse beam is wrapped around adjacent longitudinal beams in opposite directions, and where the transverse beams are sandwiched between sets of plates of each end. In addition to the prior art above, O’Bradaigh (US 6292954) teaches a transverse beam being joined to longitudinal beams by wrapping, but does not teach the transverse beam being wrapped in to adjacent longitudinal beams in an opposite direction. Modifying the prior art of record to have the claimed structure would be hindsight reconstruction based on Applicant’s own disclosure, therefore the claims are allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, Lee (US 287137) teaches a cage structure with transverse beams wrapped around longitudinal beams; Garneau (US 2015/0096113) teaches a helmet with a cage with exposed transverse beams; and Katz (US 6343385) teaches a helmet with a cage where the beams are non-circular in cross section.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEATHER MANGINE, Ph.D. whose telephone number is (571)270-0673. The examiner can normally be reached Monday-Friday 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732