DETAILED ACTION
Claims 1-20 are pending.
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 Invention Ii and Species A2 in the reply filed on April 24, 2026, is acknowledged. Claims 3, and 11-20, directed to unelected inventions and species
Claim Rejections - 35 USC § 102/103
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the anticipatory 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.
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, and 4-9 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Cummings et al. (US 20110068918) or, in the alternative, under 35 U.S.C. 103 as obvious over Cummings et al. (US 20110068918) in view of Reilly et al. (US 20040261159).
Regarding claim 1, Cummings describes a protective equipment system (hat 10, holder 30, 1630) comprising
a hard hat (hard hat 10) configured to be worn by a person; and
a user profile tag (holder 30, 1630) coupled to the hard hat (see, e.g. Fig. 24), the user profile tag configured to electronically identify, via being scanned, the person wearing the hard hat (RFID which requires scanning, identification, para. 0080, that the RFID does not explicitly describe that the identification identifies the person, this information is considered non-functional descriptive material, see MPEP 2111.05(III) as the tag is merely a support for the information and thus it is afforded no patentable weight).
Alternatively, Cumming does not explicitly describe that the identification identifies the person.
In related art for protective equipment systems, Reilly describes a helmet that includes bar code data which identifies the wearer (para. 0014).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the system of Cummings to include data related to the wearer so that if the wearer is injured (para. 0071, 0072, Cummings) that the user may be able to be identified.
Regarding claim 2, Cummings or Cummings as modified describes the protective equipment system of claim 1, wherein the user profile tag is rigidly coupled to the hard hat (see, e.g. Fig. 24).
Regarding claim 4, Cummings or Cummings as modified describes the protective equipment system of claim 2, wherein the user profile tag is rigidly coupled to a slot (pocket 20) defined by the hard hat (attached to helmet via pocket 20, para. 0042).
Regarding claim 5, Cummings or Cummings as modified describes the protective equipment system of claim 4, wherein the user profile tag is mechanically and reversibly rigidly coupled to the slot (detachably connected holder 30, 1630).
Regarding claim 6, Cummings or Cummings as modified describes the protective equipment system of claim 4, the user profile tag comprising a connection tab that extends downward and through the slot of the hard hat (see annotated Fig. 22).
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Regarding claim 7, Cummings or Cummings as modified describes the protective equipment system of claim 6, the connection tab defining an engagement surface that faces upward and engages against a surface of the hard hat when the connection tab is extending through the slot of the hard hat (see annotated Fig. 22 above, and see Fig. 24 depicting holder in slot).
Regarding claim 8, Cummings or Cummings as modified describes the protective equipment system of claim 1, wherein the user profile tag is configured to electronically identify, via being electronically scanned, the person wearing the hard hat (RFID is scanned, the content of the information being considered non-functional descriptive material, alternatively, as modified includes the information from Reilly).
Regarding claim 9, Cummings or Cummings as modified describes the protective equipment system of claim 1, wherein the user profile tag is configured to provide, via being electronically scanned, medical information about the person wearing the hard hat (RFID is scanned, the content of the information being considered non-functional descriptive material, alternatively, as modified includes the information from Reilly which includes medical information, para. 0014, Reilly).
Claim(s) 10 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Cummings et al. (US 20110068918) or, in the alternative, under 35 U.S.C. 103 as obvious over Cummings et al. (US 20110068918) in view of Reilly et al. (US 20040261159) and Gilbertson (US 20170154341).
Regarding claim 10, Cummings describes protective equipment system of claim 1, wherein the user profile tag is configured to provide, via being electronically scanned, one or more certifications obtained by the person wearing the hard hat (RFID is scanned, the content of the information being considered non-functional descriptive material).
Alternatively, Cumming does not explicitly describe that the identification provides one or more certifications obtained by the person wearing the hard hat.
In related art for protective equipment systems, Gilbertson describes the identification provides one or more certifications obtained by the person wearing the hard hat (para. 0017, data includes certification data).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the data of Cummings to include certification data in order to increase the safety of the workers by reducing accidents because only persons with valid certificates may be able to access certain areas or perform particular duties (see para. 0002, 0003 Gilbertson, describing fewer accidents occur with correct training and “tickets”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references are cited that
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
