DETAILED ACTION
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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-19 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-19 of prior U.S. Patent No. 12,383,014. This is a statutory double patenting rejection.
Instant Application ‘266
1. A helmet comprising: a shell defining a cavity configured to receive a user's head, the shell including an exterior shell surface and a receiving area recessed into the exterior shell surface; a liner within the cavity and coupled to the shell; a facemask coupled to the shell; and a front bumper coupled to the shell and positioned at least partially within the receiving area of the shell.
2. The helmet of claim 1, wherein the shell includes a first ridge and a second ridge extending away from a rear surface of the shell, wherein a rearmost point of the first ridge and a rearmost point the second ridge lie within a reference plane that is rearwardly spaced from the rear surface of the shell when the helmet is resting on a horizontal surface.
3. The helmet of claim 2, wherein each end of the first ridge is curved upwardly toward a top of the shell and each end of the second ridge is curved downward toward a bottom of the shell.
4. The helmet of claim 2, wherein the shell includes a first opening proximate each end of the first ridge and a second opening proximate each end of the second ridge.
5. The helmet of claim 4, wherein the first openings and the second openings are arranged to form a generally X-shaped pattern.
6. The helmet of claim 1, wherein the front bumper is coupled to the shell and the liner and the front bumper extends from within the cavity to an exterior of the shell.
7. The helmet of claim 1, wherein the front bumper is positioned within the receiving area such that an outer surface of the front bumper is generally flush with the exterior shell surface.
8. The helmet of claim 1, wherein the front bumper is positioned within the receiving area such that an outer surface of the front bumper is recessed toward a center of the shell relative to the exterior shell surface.
9. The helmet of claim 1, wherein the front bumper includes a recess configured to receive at least a portion of the facemask.
10. The helmet of claim 1, wherein the front bumper is positioned within the receiving area such that a top edge of an outer surface of the front bumper is flush with a top edge of the receiving area.
11. The helmet of claim 1, wherein the front bumper abuts an edge of the receiving area.
12. The helmet of claim 1, wherein the front bumper is spaced from an edge of the receiving area.
13. The helmet of claim 1, wherein the front bumper is detachably coupled to each of the shell and the liner.
14. The helmet of claim 1, wherein the exterior shell surface includes a first side portion, a second side portion and a central portion extending between the first side portion and the second side portion, wherein the exterior shell surface going from the first side portion to the central portion is recessed and the exterior shell surface going from the second side portion to the central portion is recessed, wherein an apex of the central portion is the top most element of the shell when the helmet is resting on a horizontal surface.
15. The helmet of claim 1, wherein the exterior shell surface includes a rear portion, a front portion, a first side portion, a second side portion and a central portion extending from the front portion to the rear portion and between the first side portion and the second side portion,wherein a perimeter of the central portion is recessed relative to the first side portion and the second side portion proximate the front portion and protrudes relative to the first side portion and the second side portion proximate the rear portion.
16. The helmet of claim 1, wherein each side portion of the shell includes a recessed area, the helmet further comprising: a chin protector coupled to the recessed area of the shell by a chin protector fastener.
17. The helmet of claim 1, wherein the liner is detachably coupled to each of the shell and the front bumper such that the liner can be detached from the shell and the front bumper while the front bumper remains coupled to the shell.
18. The helmet of claim 1, wherein the liner is detachably coupled to the shell.
19. The helmet of claim 1, wherein the shell is comprised of nylon.
US Patent ‘014
1. A helmet comprising: a shell defining a cavity configured to receive a user's head, the shell including an exterior shell surface and a receiving area recessed into the exterior shell surface; a liner within the cavity and coupled to the shell; a facemask coupled to the shell; and a front bumper coupled to the shell and positioned at least partially within the receiving area of the shell.
2. The helmet of claim 1, wherein the shell includes a first ridge and a second ridge extending away from a rear surface of the shell, wherein a rearmost point of the first ridge and a rearmost point the second ridge lie within a reference plane that is rearwardly spaced from the rear surface of the shell when the helmet is resting on a horizontal surface.
3. The helmet of claim 2, wherein each end of the first ridge is curved upwardly toward a top of the shell and each end of the second ridge is curved downward toward a bottom of the shell.
4. The helmet of claim 2, wherein the shell includes a first opening proximate each end of the first ridge and a second opening proximate each end of the second ridge.
5. The helmet of claim 4, wherein the first openings and the second openings are arranged to form a generally X-shaped pattern.
6. The helmet of claim 1, wherein the front bumper is coupled to the shell and the liner and the front bumper extends from within the cavity to an exterior of the shell.
7. The helmet of claim 1, wherein the front bumper is positioned within the receiving area such that an outer surface of the front bumper is generally flush with the exterior shell surface.
8. The helmet of claim 1, wherein the front bumper is positioned within the receiving area such that an outer surface of the front bumper is recessed toward a center of the shell relative to the exterior shell surface.
9. The helmet of claim 1, wherein the front bumper includes a recess configured to receive at least a portion of the facemask.
10. The helmet of claim 1, wherein the front bumper is positioned within the receiving area such that a top edge of an outer surface of the front bumper is flush with a top edge of the receiving area.
11. The helmet of claim 1, wherein the front bumper abuts an edge of the receiving area.
12. The helmet of claim 1, wherein the front bumper is spaced from an edge of the receiving area.
13. The helmet of claim 1, wherein the front bumper is detachably coupled to each of the shell and the liner.
14. The helmet of claim 1, wherein the exterior shell surface includes a first side portion, a second side portion and a central portion extending between the first side portion and the second side portion, wherein the exterior shell surface going from the first side portion to the central portion is recessed and the exterior shell surface going from the second side portion to the central portion is recessed, wherein an apex of the central portion is the top most element of the shell when the helmet is resting on a horizontal surface.
15. The helmet of claim 1, wherein the exterior shell surface includes a rear portion, a front portion, a first side portion, a second side portion and a central portion extending from the front portion to the rear portion and between the first side portion and the second side portion, wherein a perimeter of the central portion is recessed relative to the first side portion and the second side portion proximate the front portion and protrudes relative to the first side portion and the second side portion proximate the rear portion.
16. The helmet of claim 1, wherein each side portion of the shell includes a recessed area, the helmet further comprising: a chin protector coupled to the recessed area of the shell by a chin protector fastener.
17. The helmet of claim 1, wherein the liner is detachably coupled to each of the shell and the front bumper such that the liner can be detached from the shell and the front bumper while the front bumper remains coupled to the shell.
18. The helmet of claim 1, wherein the liner is detachably coupled to the shell.
19. The helmet of claim 1, wherein the shell is comprised of nylon.
Conflicting claims 1-19 of pending application ‘266 are claiming exactly same invention
as US Patent ‘014 having a helmet including a shell defining a cavity configured to receive a user's head, the shell including an exterior shell surface and a receiving area recessed into the exterior shell surface; a liner within the cavity and coupled to the shell; a facemask coupled to the shell; and a front bumper coupled to the shell and positioned at least partially within the receiving area of the shell.
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.
Claims 1-5, 9, 11-12, 14-16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Withnall et al. (US 9,289,024) in view of Bauer Hockey Corp (CA 2784316).
Withnall et al. (hereinafter Withnall) discloses a helmet (10) including an outer shell (11)
defining a cavity to receive the head that defines an outer wall surface (18), internal padding
assembly/liner (300) positioned within the cavity and coupled to the outer shell as shown in f
figures 1 and 2. Further, a faceguard (35) and a front bumper (202) are each coupled to the outer
shell as shown in figure 1. The front bumper is positioned at least partially within brow region as
also shown in figure 1. Also, the outer shell (11) defines a first ridge (72) substantially curved
upward toward top of the shell and a second angled ridge (74b) extending away from a rear
surface (74) downward toward a bottom wherein a reference plane is rearwardly spaced from
the rear surface from the rear surface points of angled surface (72) and second angled surface
(74a) that lies within a reference plane that is rearwardly space from the rear
surface (74) of the shell (11) when resting on a horizonal surface as shown in figure 2.
as shown in figure 2. In addition, the shell (11) includes a first opening (32d) proximate to the
first ridge (32d) and a second opening (32e) proximate each end of the second ridge that
generally form a X-shaped pattern as shown in figure 17. The front bumper (202) abuts an edge
of the receiving area and spaced therefrom as shown in figures 1 and 5. Furthermore, each side
portion (24) of the outer shell (11) includes a lower recess area (48) and a chin protector fastener
(42) is attached thereto by straps 44, col. 6, lines 32-51 and as shown in figure 3a.
Withnall discloses the above invention except for the receiving area being recessed into the exterior shell surface.
The Bauer Hockey Corp discloses a helmet having a receiving area (23) that is recessed
into exterior shell surface into outer shell (12) as shown in figure 1.
It would have been obvious to one skilled in the art before the effective date of the
claimed invention that the helmet of Whitnall can be provided with a receiving area recessed into
the exterior shell surface as taught by the Bauer Hockey Corp so that accessories can be
positioned flush with the helmet for an aesthetic appeal or end use thereof.
Further, with regard to claims 14-15, it would have been obvious to one skilled in the art
before the effective date of the claimed invention that the outer shell of the helmet of Whitnall
when viewed with the Bauer Hockey Corp can include but not limited to recessed portions
extending from one side to another, domed portions. etc. in order to make the device structurally
rigid as known in the helmet making art or depending on particular application thereof.
With regard to claim 18, it would have been obvious to one skilled in the art
before the effective date of the claimed invention that liner of the helmet of Whitnall
when viewed with the Bauer Hockey Corp can be detachably coupled to the outer shell so that
worn or damaged liner can be replaced in a cost effective manner.
With regard to claim 19, the helmet of Whitnall is made of a polycarbonate plastic
material. Therefore, it would have been obvious to one skilled in the art before the effective date
of the claimed invention that the helmet of Whitnall when viewed with the Bauer Hockey Corp
can be made but not limited to nylon, etc. in order to make the device cost effective or as
required for an end use thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the prior art references cited on PTO-892 each discloses a recessed helmet having an impact liner with padding/bumper coupled thereto.
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March 4, 2025 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732