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
Appilcant’s election of Species C – Impact Absorbing Layer 340 (Figures 7-9) is acknowledged. Election was made without traverse in the reply filed August 18, 2026. Claim 12 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) for being drawn to a nonelected invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “140” has been used to designate each of “impact absorbing layer,” “impact layer,” and “impact absorption layer” (see at least paragraphs 0025, 0027-0030, 0033-0037, 0041, and 0045 of the specification).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “340” has been used to designate both “impact absorbing layer” and “impact layer” (see at least paragraphs 0041-0045 of the specification).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “liner” as recited in claims 3, 10, and 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “liner bracket” as recited in claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following minor informalities: Line 7 of paragraph 0026 recites “The right edge 58 and left edge 60 each include a portion…,” which upon information and belief should be amended to recite “The right edge 63 and left edge 65 each include a portion……”
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: The specification should be amended to provide proper antecedent basis for all claim limitations including “liner bracket” as recited in claim 19.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 10 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 10 recites the limitation “the plurality of projections that are positioned on the crown portion of the outer shell” (lines 2-3). This limitation renders the claim indefinite because it lacks proper antecedent basis and because none of the previously recited “plurality of projections” is specifically recited as being positioned in the crown portion of the outer shell. Clarification is required.
Claim 10 recites the limitation “the plurality of projections are positioned between the center bracket and the outer shell” (lines 3-4). This limitation renders the claim indefinite because it is unclear whether it refers to the previously recited “the plurality of projections that are positioned on the crown portion of the outer shell” (claim 10, lines 2-3), “a plurality of projections” (claim 9, line 9), or some other plurality of projections. Clarification is required.
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 1-2, 4-9, 11, 13-18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by USPN 12,593,885 Boutin.
To claim 1, Boutin discloses a protective helmet (200) (see Figures 1-33; col. 8, line 16 – col. 23, line 17), comprising:
an outer shell (210) formed from a rigid material (see for example Figures 1-4, 15-16, and 29-33; col. 1, lines 31-35; col. 8, line 55 – col. 9, line 13), the outer shell comprising:
an exterior surface (214) (see for example Figures 1-3 and 15-16; col. 8, line 55 – col. 9, line 13); and
an interior surface (212) defining a cavity (see for example Figures 1-3 and 15-16; col. 8, line 55 – col. 9, line 13);
an impact protection layer positioned within the cavity, the impact protection layer comprising:
a plurality of projections (110) spaced apart from each other (see Figures 1-8; col. 8, line 55 – col. 9, line 13); and
a plurality of connectors (452,454) that attach each of the plurality of projections to one or more of the other plurality of projections (see Figures 31-33; col. 15, line 22 – col. 16, line 22); and
a first bracket (102) coupled to the outer shell and positioned along the interior surface of the outer shell, the first bracket comprising a plurality of bores (108), each of the plurality of bores sized to receive a portion of one of the plurality of projections (see Figures 1-4; col. 9, line 65 – col. 10, line 67).
To claim 2, Boutin further discloses a protective helmet further comprising a second bracket (104) coupled to an inward facing surface of at least some of the plurality of projections (see Figures 1-4; col. 9, line 61 – col. 10, line 67; in a fully-assembled configuration of protective helmet 200, all elements and portions thereof of protective helmet 200 are considered to be “coupled” to all other elements and portions thereof of protective helmet 200 regardless of whether they are configured to be in direct physical contact).
To claim 4, Boutin further discloses a protective helmet wherein each of the plurality of projections comprises a first end (124) and an opposing second end (126), wherein the first end of each of the plurality of projections is coupled to the first bracket (see Figures 1-9; col. 11, line 53 – col. 12, line 54; in a fully-assembled configuration of protective helmet 200, all elements and portions thereof of protective helmet 200 are considered to be “coupled” to all other elements and portions thereof of protective helmet 200 regardless of whether they are configured to be in direct physical contact).
To claim 5, Boutin further discloses a protective helmet wherein the first end of each of the plurality of projections has a first dimension, wherein the second end of each of the plurality of projections has a second dimension, and wherein the second dimension is less than the first dimension (see Figures 1-9; col. 11, line 53 – col. 12, line 54).
To claim 6, Boutin further discloses a protective helmet wherein the outer shell further comprises protrusions (150) extending inward from the interior surface, and wherein the protrusions couple the first bracket to the outer shell (see Figures 3 and 10-17; col. 19, line 77 – col. 21, line 57).
To claim 7, Boutin further discloses a protective helmet wherein each of the plurality of projections is a truncated cone (see Figures 1-8; col. 8, line 55 – col. 9, line 13).
To claim 8, Boutin further discloses a protective helmet wherein each of the plurality of projections are formed from a rigid polymer material (col. 12, line 60 – col. 13, line 4).
To claim 9, Boutin discloses a protective helmet (200) (see Figures 1-33; col. 8, line 16 – col. 23, line 17), comprising:
an outer shell (210) formed from a rigid material (see for example Figures 1-4, 15-16, and 29-33; col. 1, lines 31-35; col. 8, line 55 – col. 9, line 13), the outer shell comprising:
an exterior surface (214) (see for example Figures 1-3 and 15-16; col. 8, line 55 – col. 9, line 13);
an interior surface (212) defining a cavity (see for example Figures 1-3 and 15-17; col. 8, line 55 – col. 9, line 13);
a crown portion positioned in a central area of the protective helmet (see for example Figures 1-3 and 15-17; col. 8, line 55 – col. 9, line 13); and
a bottom segment defining a lower circumference (see for example Figures 1-3 and 15-17; col. 8, line 55 – col. 9, line 13);
an impact protection layer positioned within the cavity, the impact protection layer comprising:
a plurality of projections (110), wherein each of the plurality of projections has a tapered shape (see Figures 1-8; col. 8, line 55 – col. 9, line 13); and
a perimeter bracket (102) coupled to the outer shell and positioned along the interior surface of the outer shell, wherein the impact protection layer is coupled to the outer shell via the perimeter bracket (see Figures 1-4 and 15; col. 9, line 65 – col. 10, line 67).
To claim 11, Boutin further discloses a protective helmet wherein the perimeter bracket is positioned along the bottom segment of the outer shell (see Figures 1-4 and 15; col. 9, line 65 – col. 10, line 67; at least portions of perimeter bracket 102 are disposed along the bottom segment of outer shell 102).
To claim 13, Boutin further discloses a protective helmet wherein each of the plurality of projections has a frustoconical shape (see Figures 1-8; col. 8, line 55 – col. 9, line 13).
To claim 14, Boutin further discloses a protective helmet wherein a first end (124) of each of the plurality of projections has a first dimension, wherein a second end (126) of each of the plurality of projections has a second dimension, and wherein the second dimension is less than the first dimension (see Figures 1-9; col. 11, line 53 – col. 12, line 54).
To claim 15, Boutin further discloses a protective helmet wherein the perimeter bracket is coupled to the first end of at least some of the plurality of projections (see Figures 1-9; col. 11, line 53 – col. 12, line 54; in a fully-assembled configuration of protective helmet 200, all elements and portions thereof of protective helmet 200 are considered to be “coupled” to all other elements and portions thereof of protective helmet 200 regardless of whether they are configured to be in direct physical contact).
To claim 16, Boutin discloses a protective helmet (200) (see Figures 1-33; col. 8, line 16 – col. 23, line 17), comprising:
an outer shell (210) formed from a rigid material (see for example Figures 1-4, 15-16, and 29-33; col. 1, lines 31-35; col. 8, line 55 – col. 9, line 13), the outer shell comprising:
an exterior surface (214) (see for example Figures 1-3 and 15-16; col. 8, line 55 – col. 9, line 13);
an interior surface (212) defining a cavity (see for example Figures 1-3 and 15-16; col. 8, line 55 – col. 9, line 13);
a crown portion positioned in a central area of the protective helmet surrounding a center point (see for example Figures 1-3 and 15-17; col. 8, line 55 – col. 9, line 13); and
a bottom segment defining a lower circumference (see for example Figures 1-3 and 15-17; col. 8, line 55 – col. 9, line 13);
an impact protection layer positioned within the cavity, the impact protection layer comprising:
a plurality of projections (110) (see Figures 1-8; col. 8, line 55 – col. 9, line 13), the plurality of projections comprising:
a plurality of outer projections positioned along the bottom segment (see especially Figure 15; col. 8, line 55 – col. 9, line 13);
a plurality of middle projections (see especially Figure 15; col. 8, line 55 – col. 9, line 13);
a plurality of crown projections positioned in the central area, wherein the plurality of middle projections are positioned between the plurality of crown projections and plurality of outer projections (see especially Figure 15; col. 8, line 55 – col. 9, line 13); and
a center projection, wherein the plurality of crown projections are positioned between the center projection and the plurality of middle projections (see especially Figure 15; col. 8, line 55 – col. 9, line 13);
a bracket (102,104) coupled to the outer shell and positioned along the interior surface of the outer shell, wherein the impact protection layer is coupled to the outer shell via the bracket (see Figures 1-4 and 15-17; col. 9, line 65 – col. 10, line 67).
To claim 17, Boutin further discloses a protective helmet wherein the center projection is positioned at the center point of the outer shell, and wherein the plurality of outer projections, the plurality of middle projections, and the plurality of crown projections are all positioned radially outward relative to the center projection (see especially Figure 15; col. 8, line 55 – col. 9, line 13).
To claim 18, Boutin further discloses a protective helmet wherein the bracket further comprises a first bracket (102) positioned on the bottom segment of the outer shell and a second bracket (104) positioned on the crown portion of the outer shell (see Figures 1-4 and 15-17; col. 9, line 65 – col. 10, line 67).
To claim 20, Boutin further discloses a protective helmet wherein each of the plurality of projections are discrete integral components spaced apart from each of the other plurality of projections (see Figures 1-8; col. 8, line 55 – col. 9, line 13).
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.
The factual inquiries 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 3, 10, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 12,593,885 Boutin in view of USPN 8,069,498 Maddux et al.
To claim 3, Boutin discloses a protective helmet as recited in claim 1, above.
Boutin does not expressly disclose a protective helmet further comprising a liner coupled to the second bracket, wherein the second bracket is positioned between the liner and the impact protection layer.
However, Maddux teaches a protective helmet (see Figures 1-13; col. 5, line 36 – col. 8, line 59) with similar elements to that of helmet (200) of Boutin with the protective helmet of Maddux further comprising a liner (300) (see Figures 1-2 and 5; col. 5, line 53 – col. 6, line 18; col. 8, lines 3-7).
Boutin and Maddux teach analogous inventions in the field of helmets. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the helmet of Boutin to include a liner as taught by Boutin because Boutin teaches that this configuration is known in the art and provides a soft surface against the head of a wearer.
To claim 10, (insofar as definite and as best understood by the Examiner) Boutin further discloses a protective helmet a center bracket (104) coupled to the plurality of projections that are positioned on the crown portion of the outer shell, wherein the plurality of projections are positioned between the center bracket and the outer shell (see especially Figures 1-4 and 15; col. 8, line 55 – col. 9, line 13).
Boutin does not expressly disclose a protective helmet further comprising a liner coupled to an inward facing surface of the center bracket.
However, Maddux teaches a protective helmet (see Figures 1-13; col. 5, line 36 – col. 8, line 59) with similar elements to that of helmet (200) of Boutin with the protective helmet of Maddux further comprising a liner (300) (see Figures 1-2 and 5; col. 5, line 53 – col. 6, line 18; col. 8, lines 3-7).
Boutin and Maddux teach analogous inventions in the field of helmets. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the helmet of Boutin to include a liner as taught by Boutin because Boutin teaches that this configuration is known in the art and provides a soft surface against the head of a wearer.
To claim 19, Boutin discloses a protective helmet as recited in claim 16, above.
Boutin does not expressly disclose a protective helmet further comprising a liner bracket coupled to an inward facing surface of each of the plurality of middle projections, the plurality of crown projections, and the center projection; and a liner coupled to an inward facing surface of the liner bracket.
However, Maddux teaches a protective helmet (see Figures 1-13; col. 5, line 36 – col. 8, line 59) with similar elements to that of helmet (200) of Boutin with the protective helmet of Maddux further comprising a liner bracket (220) and a liner (300) (see Figures 1-2 and 5; col. 5, line 53 – col. 6, line 18; col. 8, lines 3-7).
Boutin and Maddux teach analogous inventions in the field of helmets. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the helmet of Boutin to include a liner bracket and liner as taught by Boutin because Boutin teaches that this configuration is known in the art and provides a soft surface against the head of a wearer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Additional protective helmets with projections analogous to the claimed invention (see form PTO-892 “Notice of References Cited”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRIFFIN HALL whose telephone number is (571)270-0546. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached 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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/F Griffin Hall/Primary Examiner, Art Unit 3732
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