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 .
Status of the Application
Claims 1-16 are pending and have been examined in this application. This communication is the first action on the merits. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 07/31/2025 has/have been taken into account.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tolve (US 8,245,326).
In regards to Claim 1, Tolve discloses a plug retention plate (Tolve: Fig. 1-3; 20) comprising: a front side (Tolve: Fig. 1-3; 25) and a rear side (Tolve: Fig. 1-3; 24) opposite the front side, the rear side being configured for attachment to a helmet; and at least one plug receptacle disposed on the front side, the at least one plug receptacle comprising a depression defined by a raised sidewall (Tolve: Fig. 1-3; 27) and at least one cantilever arm (Tolve: Fig. 1-3; 29), the at least one cantilever arm being configured to deflect upon insertion of a compatible plug and having a distal end configured to mechanically retain the compatible plug within the plug receptacle.
In regards to Claim 2, Tolve discloses the plug retention plate of claim 1, wherein the rear side (Tolve: Fig. 1-3; 24) is configured for releasable attachment to an exterior surface of the helmet.
In regards to Claim 3, Tolve discloses the plug retention plate of claim 1, wherein the at least one plug receptacle further comprises an arch-shaped structure (Tolve: Fig. 1-3; 31) that defines an opening and is positioned adjacent one end of the depression.
In regards to Claim 4, Tolve discloses the plug retention plate of claim 1, wherein the at least one cantilever arm (Tolve: Fig. 1-3; 29) has a rectangular cross-section.
In regards to Claim 5, Tolve discloses the plug retention plate of claim 1, wherein the distal end of the at least one cantilever arm (Tolve: Fig. 1-3; 29) includes a hook.
In regards to Claim 6, Tolve discloses the plug retention plate of claim 1, wherein the at least one plug receptacle comprises a pair of opposing cantilever arms (Tolve: Fig. 1-3; 29) that are configured to deflect away from each other during insertion of the compatible plug.
In regards to Claim 7, Tolve discloses the plug retention plate of claim 1, wherein the at least one plug receptacle comprises two opposing cantilever arms (Tolve: Fig. 1-3; 29) positioned on opposite sides of the depression and a third cantilever arm (Tolve: Fig. 1-3; 29 - opposite end of other pair) positioned at one end of the depression, wherein the two opposing cantilever arms are configured to deflect away from each other during insertion of the compatible plug.
In regards to Claim 8, Tolve discloses the plug retention plate of claim 1, wherein the at least one plug receptacle is made of a non- conductive material (Tolve: Col. 8, Ln. 61-67; Col. 9, Ln. 1-5).
Claims 1-2, 4, 6, 8-10, 12, 14, and 16are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Balzano (US 5,056,661).
In regards to Claim 1, Balzano discloses a plug retention plate (Balzano: Fig. 4-6; 12) comprising: a front side and a rear side (Balzano: Fig. 4-6; 16) opposite the front side, the rear side being configured for attachment to a helmet; and at least one plug receptacle disposed on the front side, the at least one plug receptacle comprising a depression (Balzano: Annotated Fig. 5; D) defined by a raised sidewall (Balzano: Annotated Fig. 5; S) and at least one cantilever arm (Balzano: Annotated Fig. 5; A), the at least one cantilever arm being configured to deflect upon insertion of a compatible plug and having a distal end configured to mechanically retain the compatible plug within the plug receptacle (Balzano: Fig. 5; Col. 3, Ln. 13-18).
In regards to Claim 2, Balzano discloses the plug retention plate of claim 1, wherein the rear side (Balzano: Fig. 4-6; 16) is configured for releasable attachment to an exterior surface of the helmet.
In regards to Claim 4, Balzano discloses the plug retention plate of claim 1, wherein the at least one cantilever arm (Balzano: Annotated Fig. 5; A) has a rectangular cross-section. [Note: Curved arms of Balzano have four flat parallel sides, forming a rectangle when a cross section is taken along their length.]
In regards to Claim 6, Balzano discloses the plug retention plate of claim 1, wherein the at least one plug receptacle comprises a pair of opposing cantilever arms (Balzano: Annotated Fig. 5; A) that are configured to deflect away from each other during insertion of the compatible plug (Balzano: Fig. 5; Col. 3, Ln. 13-18).
In regards to Claim 8, Balzano discloses the plug retention plate of claim 1, wherein the at least one plug receptacle is made of a non- conductive material (Balzano: Col. 4, Ln. 7-9).
In regards to Claim 9, Balzano discloses a plug retention plate comprising: a front side and a rear side (Balzano: Fig. 4-6; 16) opposite the front side, the rear side being configured for attachment to a helmet; a first plug receptacle disposed on the front side, the first plug receptacle comprising a depression (Balzano: Annotated Fig. 5; D) defined by a raised sidewall (Balzano: Annotated Fig. 5; S) and a pair of opposing cantilever arms (Balzano: Annotated Fig. 5; A), the pair of opposing cantilever arms being configured to deflect upon insertion of a first compatible plug, each cantilever arm having a distal end configured to mechanically retain the first compatible plug within the first plug receptacle (Balzano: Fig. 5; Col. 3, Ln. 13-18); and a second plug receptacle disposed on the front side, the second plug receptacle comprising a depression (Balzano: Annotated Fig. 5; D - formed by opposing sidewall; see note) defined by a raised sidewall (Balzano: Annotated Fig. 5; S - opposing sidewall) and a pair of opposing cantilever arms, the pair of opposing cantilever arms (Balzano: Annotated Fig. 5; A - on opposing sidewall) being configured to deflect upon insertion of a second compatible plug, each cantilever arm having a distal end configured to mechanically retain the second compatible plug within the second plug receptacle (Balzano: Fig. 5; Col. 3, Ln. 13-18). [Note: Balzano discloses two sidewalls forming depressions, which read on the respective sidewalls of the claim.]
In regards to Claim 10, Balzano discloses the plug retention plate of claim 9, wherein the rear side (Balzano: Fig. 4-6; 16) is configured for releasable attachment to an exterior surface of the helmet.
In regards to Claim 12, Balzano discloses the plug retention plate of claim 9, wherein each of the pair of opposing cantilever arms (Balzano: Annotated Fig. 5; A) of the first plug receptacle has a rectangular cross-section, and each of the pair of opposing cantilever arms (Balzano: Annotated Fig. 5; A) of the second plug receptacle has a rectangular cross-section.
In regards to Claim 14, Balzano discloses the plug retention plate of claim 9, wherein the pair of opposing cantilever arms (Balzano: Annotated Fig. 5; A) of the first plug receptacle are configured to deflect away from each other during insertion of the first compatible plug, and the pair of opposing cantilever arms (Balzano: Annotated Fig. 5; A) of the second plug receptacle are configured to deflect away from each other during insertion of the second compatible plug (Balzano: Fig. 5; Col. 3, Ln. 13-18).
In regards to Claim 16, Balzano discloses the plug retention plate of claim 9, wherein the first plug receptacle is made of a non-conductive material, and the second plug receptacle is made of a non-conductive material (Balzano: Col. 4, Ln. 7-9).
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 3, 5, 7, 11, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Balzano (US 5,056,661) in view of Streich (US 6,405,864).
In regards to Claim 3, Balzano discloses the plug retention plate of claim 1, but fails to disclose wherein the at least one plug receptacle further comprises an arch-shaped structure that defines an opening and is positioned adjacent one end of the depression.
However, Streich teaches an at least one plug receptacle (Streich: Fig. 29-32; 520) that further comprises an arch-shaped structure (Streich: Fig. 29-32; 562) that defines an opening and is positioned adjacent one end of the depression.
Balzano and Streich are analogous because they are from the same field of endeavor or a similar problem solving area e.g. article holders. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the receptacles in Balzano with the receptacle structure from Streich, with a reasonable expectation of success, in order to provide multiple plug retaining members that retains both an end and central portion of the plug once inserted, thereby ensuring a snug engagement so that unwanted movement of the plugs will not rattle or slide out until it is purposefully removed by the user (Streich: Col. 9, Ln. 10-31).
In regards to Claim 5, Balzano discloses the plug retention plate of claim 1, but fails to disclose that the distal end of the at least one cantilever arm includes a hook.
However, Streich teaches a distal end of an at least one cantilever arm (Streich: Fig. 29-32; 524) that includes a hook. [Note: See the rejection of claim 3 for motivation and/or rationale.]
In regards to Claim 7, Balzano discloses the plug retention plate of claim 1, wherein the at least one plug receptacle comprises two opposing cantilever arms (Balzano: Annotated Fig. 5; A) positioned on opposite sides of the depression. Balzano fails to disclose a third cantilever arm positioned at one end of the depression, wherein the two opposing cantilever arms are configured to deflect away from each other during insertion of the compatible plug.
However, Streich teaches at least one plug receptacle that comprises two opposing cantilever arms (Streich: Fig. 29-32; 524) positioned on opposite sides of the depression and a third cantilever arm (Streich: Fig. 29-32; 562) positioned at one end of the depression, wherein the two opposing cantilever arms are configured to deflect away from each other during insertion of the compatible plug. [Note: See the rejection of claim 3 for motivation and/or rationale.]
Claim 11 is rejected, as set forth in the rejection of claim 3.
Claim 13 is rejected, as set forth in the rejection of claim 5.
In regards to Claim 15, Balzano discloses the plug retention plate of claim 9, but fails to disclose wherein the first plug receptacle includes a third cantilever arm positioned at one end of the depression, the third cantilever arm cooperates with the pair of opposing cantilever arms to mechanically retain the first compatible plug within the first plug receptacle.
However Streich teaches a first plug receptacle that includes a third cantilever arm (Streich: Fig. 29-32; 562) positioned at one end of the depression, the third cantilever arm cooperates with the pair of opposing cantilever arms (Streich: Fig. 29-32; 524) to mechanically retain the first compatible plug within the first plug receptacle. [Note: See the rejection of claim 3 for motivation and/or rationale.]
Annotated Figures
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I: Balzano; Fig. 5
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taylor Morris/Primary Examiner, Art Unit 3631
