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 .
Specification
The abstract of the disclosure is objected to because parentheses in the abstract are reserved for referencing actual drawing reference numerals. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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, 4-6, 9-13, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0145981 (Teetzel et al.) in view of US 8245320 (Provost et al.).
Regarding claim 1, ‘981 discloses: a helmet mounting system [fig. 1; and the full disclosure describes a helmet mounting system] comprising:
a rail carrier [104] configured to clip onto a rim of a helmet and remain semi-permanently attached thereto [members 150 do function to allow 104 to “clip onto a rim of a helmet and remain semi-permanently attached thereto”];
a rail [element 112 includes rails 162] configured to be releasably coupled to the rail carrier [rails 162 do function to allow releasable coupling to 104; seen in fig. 3b; par. 20 Detailed description], the coupling including a safety release mechanism that disengages the rail from the rail carrier when a force applied to the rail exceeds a threshold amount [in par. 31, “Referring now to FIGS. 5A and 5B, there is shown an alternative embodiment helmet interface assembly 120a with a breakaway actuator 122 enabling the pivoting helmet mount 112 to separate from the helmet interface assembly 120a when sufficient force is applied. The breakaway setting as shown in FIGS. 5A and 5B is advantageous in that it may prevent injury to the wearer in the event of entanglement or impact of the optical device.”.];
an adjustment frame slidably disposed along the rail [element 152 is slidable on rails 162, fig. 3b], the adjustment frame including a locking knob [lever 360 and cam lock 366; either or both are locking knobs] that engage with the rail to selectively secure the adjustment frame in a position [inherent to arrangement shown in fig. 3b and disclosure of compression to lock and uncompressed to unlock, in par. 39]; and
a display device having a viewing screen coupled to the adjustment frame, the display device positionable to dispose the viewing screen in front of a user's eye [in par. 20, Detailed description, “A pivoting helmet mount assembly 112 is removably attached at a first end to the connection plate 104 and includes a second end adapted to be removably attached to a viewing or sighting device (not shown), such as an optical device, monocular or binocular night vision goggle, binoculars, helmet mounted display screen, head-up display or any other helmet mounted optical, electro-optical or other viewing device.”; and further in par. 24, “The purpose of the mounting systems herein is to position a sighting device so that it is movable between an operational or viewing position in front of an eye or eyes of the user, and a stowed position above the line of sight of the user…”.].
The limitations not fully disclosed by ‘981 are: the adjustment frame including a locking knob having protrusions that engage with compliant protrusions of a deformable insert disposed along the rail to selectively secure the adjustment frame in a position.
The difference being in the mechanism to provide locking and unlocking claimed further requires protrusions that engage with compliant protrusions of a deformable insert disposed along the rail.
Regarding these undisclosed limitations, ‘320 is referenced as it does teach a locking knob [42, fig. 2] having protrusions [46, fig. 2] that engage with compliant protrusion [flexible detent 34, fig. 2] of deformable insert [shelf 32 is disclosed to ‘deflect’ and therefore is ‘deformable’ in par. 34] disposed along a rail [shown explicitly in fig. 2] to allow for locking and unlocking, i.e. ‘selective’ securement, along the rail to allow for more secured and desired adjustable positioning at each of the protrusion locations of desired helmet accessories.
The teachings from ‘320 are for a singular flexible mating detent rather than plural detents/compliant protrusions.
The MPEP 2144.04 is clear:
B.Duplication of Parts
In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a “web” which lies in the joint, and a plurality of “ribs” projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the locking knob arrangement in ‘981 to utilize the locking knob arrangement taught by ‘320 to provide enhanced security and positional placement as desired for the helmet accessories being attached to the helmet.
Further, it would have been obvious to one of ordinary skill prior to filing the invention to duplicate the flexible detents taught by the locking knob arrangement in ‘320 to provide multiple potential locking positions of the locking knob arrangement to further enhance the security and positional placement as desired for the helmet accessories being attached to the helmet.
Regarding claim 4, ‘981 does not disclose claim 4. However, ‘320 does teach: the locking knob protrusions disengage from the compliant protrusions of the deformable insert when the locking knob is actuated by a user [use of knob 42 and interaction of teeth 46 is disclosed in par. 34, “FIG. 2 indicates rotor 42 mounted on collar 36 with the proximity detent 54 to the left, in this view. FIG. 2 also suggests section 20B being inserted from the right. This arrangement would be appropriate for attachment to a right temple section. For attachment to a left temple section, rotor 42 may be rotated 180.degree. and the temple section 20B inserted through the other opening 22D that is shown on the left in FIG. 2. In either event, detent 34 will fall among the teeth 46 on one side or the other of rotor 42. Therefore, the rotor will tend to stay in a given angular position unless enough torque is applied to deflect shelf 32, drive detent 34 outwardly, and allow the detent to skip between teeth 46.”.] or when a greater than a threshold amount of force is applied to the adjustment frame or to the display device.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the locking knob arrangement in ‘981 to utilize the locking knob arrangement taught by ‘320 to provide enhanced security and positional placement as desired for the helmet accessories being attached to the helmet.
Regarding claim 5, ‘981 does fully disclose: the adjustment frame is configured to slide along the rail when the user operates the locking knob [element 152 is slidable on rails 162, fig. 3b; and lever 360 and cam lock 366; either or both are locking knobs which allow for locking and unlocking of the vertical sliding of 152].
Regarding claim 6, ‘981 does fully disclose: the rail carrier [104, fig. 1] is configured to clip onto the rim of the helmet without tools [elements 150 do function to allow “clipping onto the rim of the helmet without tools”].
Regarding claim 9, ‘981 does not teach: the rail includes a cavity for receiving the deformable insert and wherein the deformable insert is configured to be assembled into the cavity. However, ‘320 does teach a rail including a cavity for receiving the deformable insert and wherein the deformable insert is configured to be assembled into the cavity.
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Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the locking knob/rail arrangement in ‘981 to utilize the locking knob/rail arrangement taught by ‘320 to provide enhanced security and positional placement as desired for the helmet accessories being attached to the helmet.
Regarding claim 10, ‘981 does fully disclose: the safety release mechanism [fig. 5a and 5b] comprises a first locking member disposed to releasably hold a first end of the rail [at 154a] and a second locking member [at 122] disposed to releasably hold a second end of the rail [in pars. 32-34, “The helmet mount assembly 120a has an interface base member 124a with a channel 174 and recesses 178. The channel 174 receives a tension member 140 which is secured in channel 164 by a locking tongue member 154a. An actuator bar 156 slides into recesses 178 and the recess of locking tongue 128 securing the tongue member 154a into channel 174. The actuator bar 156 has elongated openings 158 and 159. The openings 158 and 159 and the tension of member 140 enable the locking tongue member 154a to be moved from an open position to a locked or engaged position where locking tongue 128 protrudes out from the helmet interface assembly 120.
When the locking tongue 128 is moved into its engaged position the helmet interface assembly 120a can be secured to the connection plate assembly 104 or 204. FIG. 5A shows locking tongue 128 in the engaged position. To secure the mount assembly 120a to the plate assembly 104 or 204 a user would squeeze actuator bar 156, insert protrusion 170 into the upper groove lip 135 or 235, press mounting assembly 120a into place on plate assembly 104 or 204 and then release actuator bar 156. When actuator bar 156 is released, the locking tongue 128 moves to its engaged position and engages the lower groove lip 134 or 234.
In addition, the locking tongue member 154a has a tooth 176 for engaging a profiled or stepped groove 182 on the breakaway actuator 122. The breakaway actuator 122 is transversely slidable. When the breakaway actuator 122 is moved to lower step portion of the profile 182, the tongue 128 extends sufficiently far into the lower groove lip (134, 234) so as to provide a substantially rigid, nonbreakaway connection. When the tooth 176 engages the upper step portion of the profile 182, the tongue 128 is retracted slightly such that a ramped or inclined edge portion of the tongue 128 engages the lower groove lip (134, 234). The ramped surface allows further sliding movement of the tongue 128 against the urging of the spring 140 upon the application of a breakaway force. If sufficient force is applied, the breakaway actuator 122 will release from assembly 120a to prevent injury to the wearer.”; and See annotated figure below].
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Regarding claim 11, ‘981 does fully disclose: the safety release mechanism further includes a first compressible element [spring 140; fig. 5b] for holding the first locking member in a locked position [shown in fig. 5b] and second locking member [122, fig. 5b] for holding the second in a locked configuration [shown in fig. 5b], wherein when the first and second locking members are in the locked configuration, the accessory rail remains coupled to the rail until a force applied to the rail exceeds the threshold amount [operation of the release mechanism is previously noted above from pars. 32-34 fully stating locking of the mechanism until force applied exceed the threshold amount to cause unlocking].
The limitation not disclosed is the use of a second compressible element for the second locking member.
However, ‘981 does explicitly state, “The channel 174 also contains an opening 118 for a dampening member 126. The dampening member 126 may be a pad, grommet, or other flexible or resilient dampening member to decrease noise or vibration between the helmet interface assembly 120a and the connection plate assemblies 104 or 204. Other flexible or resilient dampening members may be provided at other points of contact as well [par. 35].”.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify other contact points including at the second locking member to use a resilient dampening member, which is also a ‘compressible member’; to decrease noise or vibration between the contact points of the second locking member during use.
Regarding claim 12, ‘981 discloses: the force applied to the rail is applied to the rail through an accessory assembly attached to the rail, the accessory assembly including the adjustment frame, the arm, and the viewing device [This is inherent to the structure, arrangement and operation of ‘981 as disclosed in par. 34 which details “If sufficient force is applied, the breakaway actuator 122 will release from assembly 120a to prevent injury to the wearer.”].
Regarding claim 13, ‘981 discloses: a method for attaching a viewing device to a helmet [the fully attached product in fig. 1 inherently is assemble/attached into the final product where all elements shown in figures are integrated to form a helmet with a viewing device attached] comprising:
providing a rail carrier [104], the rail carrier attachable to the helmet [fig. 2], the rail carrier comprising a safety release mechanism for coupling a rail to the rail carrier and for disengaging the rail from the rail carrier when a force applied to the rail exceeds a threshold amount [in par. 31, “Referring now to FIGS. 5A and 5B, there is shown an alternative embodiment helmet interface assembly 120a with a breakaway actuator 122 enabling the pivoting helmet mount 112 to separate from the helmet interface assembly 120a when sufficient force is applied. The breakaway setting as shown in FIGS. 5A and 5B is advantageous in that it may prevent injury to the wearer in the event of entanglement or impact of the optical device.”.]; and
providing a breakaway assembly [112] including the rail [162] and an accessory assembly [120], the accessory assembly including an adjustment frame attachable to the rail and slidable along the rail [element 152 is slidable on rails 162, fig. 3b],
the adjustment frame including a locking knob [lever 360 and cam lock 366; either or both are locking knobs] disposed along the rail to selectively secure the adjustment frame in a position [inherent to arrangement shown in fig. 3b and disclosure of compression to lock and uncompressed to unlock, in par. 39], wherein the breakaway assembly is removably attachable to the to the rail carrier to attach the viewing device to the helmet [shown in fig. 2 and disclosed in par 20, removable attachment of 112 to 104].
The limitations not fully disclosed by ‘981 are: the adjustment frame including a locking knob having protrusions that engage with protrusions disposed along the rail to selectively secure the adjustment frame in a position.
The difference being in the mechanism to provide locking and unlocking claimed further requires protrusions that engage with protrusions disposed along the rail.
Regarding these undisclosed limitations, ‘320 is referenced as it does teach a locking knob [42, fig. 2] having protrusions [46, fig. 2] that engage with compliant protrusion [flexible detent 34, fig. 2] of deformable insert [shelf 32 is disclosed to ‘deflect’ and therefore is ‘deformable’ in par. 34] disposed along a rail [shown explicitly in fig. 2] to allow for locking and unlocking, i.e. ‘selective’ securement, along the rail to allow for more secured and desired adjustable positioning at each of the protrusion locations of desired helmet accessories.
The teachings from ‘320 are for a singular flexible mating detent rather than plural detents/protrusions.
The MPEP 2144.04 is clear:
B.Duplication of Parts
In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a “web” which lies in the joint, and a plurality of “ribs” projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the locking knob arrangement in ‘981 to utilize the locking knob arrangement taught by ‘320 to provide enhanced security and positional placement as desired for the helmet accessories being attached to the helmet.
Further, it would have been obvious to one of ordinary skill prior to filing the invention to duplicate the detents taught by the locking knob arrangement in ‘320 to provide multiple potential locking positions of the locking knob arrangement to further enhance the security and positional placement as desired for the helmet accessories being attached to the helmet.
Regarding claim 15, ‘981 discloses: the rail carrier [104, fig. 1] is attachable to a rim of the helmet with an interference fit with the rim [elements 150 do function to attach to a rim of the helmet with an ‘interference fit’ as elements 150 are hooks/clips as seen in fig. 1].
Regarding claim 16, ‘981 discloses: a helmet mounting system [fig. 1; and the full disclosure describes a helmet mounting system] comprising:
a rail carrier attachable to a helmet [104; fig. 1];
a rail [element 112 includes rails 162] configured to be releasably coupled to the rail carrier [rails 162 do function to allow releasable coupling to 104; seen in fig. 3b; par. 20 Detailed description], the coupling including a locking member that couples the rail to the rail carrier and that disengages the rail from the rail carrier when a force applied to the rail exceeds a threshold amount [in par. 31, “Referring now to FIGS. 5A and 5B, there is shown an alternative embodiment helmet interface assembly 120a with a breakaway actuator 122 enabling the pivoting helmet mount 112 to separate from the helmet interface assembly 120a when sufficient force is applied. The breakaway setting as shown in FIGS. 5A and 5B is advantageous in that it may prevent injury to the wearer in the event of entanglement or impact of the optical device.”.];
an adjustment frame slidably disposed along the rail [element 152 is slidable on rails 162, fig. 3b], the adjustment frame including a locking knob disposed along the rail with an interference fit to selectively secure the adjustment frame in a position [lever 360 and cam lock 366; either or both are locking knobs that do form an “interference fit”]; and
a viewing device and a member for coupling the viewing device to the adjustment frame [in par. 20, Detailed description, “A pivoting helmet mount assembly 112 is removably attached at a first end to the connection plate 104 and includes a second end adapted to be removably attached to a viewing or sighting device (not shown), such as an optical device, monocular or binocular night vision goggle, binoculars, helmet mounted display screen, head-up display or any other helmet mounted optical, electro-optical or other viewing device.”; and further in par. 24, “The purpose of the mounting systems herein is to position a sighting device so that it is movable between an operational or viewing position in front of an eye or eyes of the user, and a stowed position above the line of sight of the user…”.].
The limitations not fully disclosed by ‘981 are: the adjustment frame including a locking knob having protrusions that engage with protrusions disposed along the rail to selectively secure the adjustment frame in a position.
The difference being in the mechanism to provide locking and unlocking claimed further requires protrusions that engage with protrusions disposed along the rail.
Regarding these undisclosed limitations, ‘320 is referenced as it does teach a locking knob [42, fig. 2] having protrusions [46, fig. 2] that engage with compliant protrusion [flexible detent 34, fig. 2] of deformable insert [shelf 32 is disclosed to ‘deflect’ and therefore is ‘deformable’ in par. 34] disposed along a rail [shown explicitly in fig. 2] to allow for locking and unlocking, i.e. ‘selective’ securement, along the rail to allow for more secured and desired adjustable positioning at each of the protrusion locations of desired helmet accessories.
The teachings from ‘320 are for a singular flexible mating detent rather than plural detents/compliant protrusions.
The MPEP 2144.04 is clear:
B.Duplication of Parts
In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a “web” which lies in the joint, and a plurality of “ribs” projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the locking knob arrangement in ‘981 to utilize the locking knob arrangement taught by ‘320 to provide enhanced security and positional placement as desired for the helmet accessories being attached to the helmet.
Further, it would have been obvious to one of ordinary skill prior to filing the invention to duplicate the flexible detents taught by the locking knob arrangement in ‘320 to provide multiple potential locking positions of the locking knob arrangement to further enhance the security and positional placement as desired for the helmet accessories being attached to the helmet.
Regarding claim 17, ‘981 discloses: the member for coupling the viewing device to the adjustment frame is for selectively positioning the viewing device within a line of sight of a user and in a stowed position out of the line of sight of the user [[in par. 20, Detailed description, “A pivoting helmet mount assembly 112 is removably attached at a first end to the connection plate 104 and includes a second end adapted to be removably attached to a viewing or sighting device (not shown), such as an optical device, monocular or binocular night vision goggle, binoculars, helmet mounted display screen, head-up display or any other helmet mounted optical, electro-optical or other viewing device.”; and further in par. 24, “The purpose of the mounting systems herein is to position a sighting device so that it is movable between an operational or viewing position in front of an eye or eyes of the user, and a stowed position above the line of sight of the user…”.].
Regarding claim 18, ‘981 in view of ‘320 does fully teach: the protrusions disposed along the rail are formed from a compliant material [‘320 discloses the protrusions/detents are flexible/compliant].
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the locking knob arrangement in ‘981 to utilize the locking knob arrangement taught by ‘320 to provide enhanced security and positional placement as desired for the helmet accessories being attached to the helmet.
Regarding claim 19, ‘981 does fully disclose: the locking member [fig. 5a and 5b] comprises a first locking member disposed to releasably hold a first end of the rail [at 154a] and a second locking member [at 122] disposed to releasably hold a second end of the rail [in pars. 32-34, “The helmet mount assembly 120a has an interface base member 124a with a channel 174 and recesses 178. The channel 174 receives a tension member 140 which is secured in channel 164 by a locking tongue member 154a. An actuator bar 156 slides into recesses 178 and the recess of locking tongue 128 securing the tongue member 154a into channel 174. The actuator bar 156 has elongated openings 158 and 159. The openings 158 and 159 and the tension of member 140 enable the locking tongue member 154a to be moved from an open position to a locked or engaged position where locking tongue 128 protrudes out from the helmet interface assembly 120.
When the locking tongue 128 is moved into its engaged position the helmet interface assembly 120a can be secured to the connection plate assembly 104 or 204. FIG. 5A shows locking tongue 128 in the engaged position. To secure the mount assembly 120a to the plate assembly 104 or 204 a user would squeeze actuator bar 156, insert protrusion 170 into the upper groove lip 135 or 235, press mounting assembly 120a into place on plate assembly 104 or 204 and then release actuator bar 156. When actuator bar 156 is released, the locking tongue 128 moves to its engaged position and engages the lower groove lip 134 or 234.
In addition, the locking tongue member 154a has a tooth 176 for engaging a profiled or stepped groove 182 on the breakaway actuator 122. The breakaway actuator 122 is transversely slidable. When the breakaway actuator 122 is moved to lower step portion of the profile 182, the tongue 128 extends sufficiently far into the lower groove lip (134, 234) so as to provide a substantially rigid, nonbreakaway connection. When the tooth 176 engages the upper step portion of the profile 182, the tongue 128 is retracted slightly such that a ramped or inclined edge portion of the tongue 128 engages the lower groove lip (134, 234). The ramped surface allows further sliding movement of the tongue 128 against the urging of the spring 140 upon the application of a breakaway force. If sufficient force is applied, the breakaway actuator 122 will release from assembly 120a to prevent injury to the wearer.”; and See annotated figure below].
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Regarding claim 20, ‘981 fully discloses a helmet as shown in fig. 1.
Claim(s) 2, 3, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0145981 (Teetzel et al.) in view of US 8245320 (Provost et al.) as applied to claims above and further over US 20210195978 (Lebel).
Regarding claims 2, 3 and 14; ‘981 does disclose an arm coupled to the adjustment frame via a pivoting joint [shown explicitly in fig. 6a at or near reference number 304] and further coupled to the display device via another pivoting joint [shown explicitly in fig. 6a at or near reference number 308], the arm being positionable to locate the viewing device in front of the user's eye or in a stowed position outside of the user's line of sight [“The purpose of the mounting systems herein is to position a sighting device so that it is movable between an operational or viewing position in front of an eye or eyes of the user, and a stowed position above the line of sight of the user, thereby allowing the operator to reposition the sighting device without the need to remove the helmet or to remove the viewing device from the mount (par. 24).”], per claims 2 and 14; and
the pivot joints each include a resistance adjustor [346 for 304 and 409 for 308] to constrain motion of the pivot joint for maintaining the HUD device in a user-selected position; per claim 3.
‘981 does not explicitly teach the pivot points as ball joints.
However, the examiner takes the position that use of ball joints as pivoting joints is well known and widely practiced in the mechanical arts for providing enhanced pivotal connection between pivoting joints in all types of devices for at least the least 200 years.
Further, ‘978 is referenced as it teaches, “The pivot pin 107 includes two recesses 126a, 126b at two spaced apart, circumferential positions. A detent mechanism 127 is shown in FIGS. 26 and 28. The detent mechanism includes three spring mechanisms 127a arranged in parallel. Each mechanism includes a compression spring 127b that urges a ball 127c toward the pivot pin 107. All the compression springs are braced by a backing through pin 127d. The compression spring 127b and the ball 127c are captured within a cylindrical passage 100a formed in the lever 100, by the backing pin 127d and the pivot pin 107. When installed, the springs 127b are pre-compressed between the backing pin 127d and the pivot pin 107 to the degree necessary to allow the balls 127c to be urged into the appropriate recess 126a, 126b when the recess presents itself to the balls 127c upon rotation of the lever 100 with respect to the pivot pin 107. The balls 127c fit into the recess 126a when the face shield is moved slightly away from the helmet and mandible to allow for increased ventilation (FIG. 2A), and fit into the recess 126b when the face shield is pivoted into the raised, non-use position (FIGS. 28 and 2C). The engagement between the detent mechanism 127 and either of the recesses 126a, 126b provides a resilient hold that can be overcome by force from the wearers hand to pivot the face shield (par. 129).”.
‘978 makes clear that the prior art fully recognizes the use of ball type pivot joints in helmet accessory mounting assemblies for providing pivotal movement to the joints of a helmet accessory joint to a helmet.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the pivot joints taught in ‘981 to include ball elements in the joint structure or structures to provide increased range of pivotal motion to a non-ball including pivotal joint or joints.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0145981 (Teetzel et al.) in view of US 8245320 (Provost et al.) as applied to claims above and further over US 12550960 (Lebel et al.).
The combined teachings of ‘981 in view of ‘320 teach all of claim 6 and intervening claims but they do not teach further including a deformable member disposed between the rail carrier and the helmet, wherein the rail carrier is maintained on the helmet rim with an interference fit between the deformable element, the rail carrier, and the helmet.
It is noted that the Examiner notes the use of gasket/deformable members between items at their joints is well known and widely established in the mechanical arts as known structures that provide for enhanced joining and sealing of the two surfaces that are being joined together through an interference fit effect that is created by the gasket/deformable material placed between the surfaces being joined. The use of gaskets in this way has been used for at least the last 200 years in machines and devices in need of well-sealed joined surfaces.
Further, ‘960 is referenced as it teaches, “In some embodiments, an accessory may include a gasket to seal against the rim 4 of the helmet 1. In some cases, a seal between a helmet and an accessory may prevent ingress of fluids. (par. 43).”.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to use a gasket/deformable material between the rail carrier taught by ‘981 and the helmet surface of ‘981 so that the joining surfaces between the rail carrier and the helmet surface can be sealed against the rim of the helmet to prevent ingress of fluids.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0145981 (Teetzel et al.) in view of US 8245320 (Provost et al.) as applied to claims above and further over US 12550960 (Lebel et al.) and even further in view of US 9001005 (Abdollahi et al.).
The combined teachings above address claim 7 as noted above; they do not teach the deformable layer including an adhesive to adhere the deformable member to one or more of the helmet and rail carrier.
Certainly all parties would concede that the use of adhesives on or with any joining layer/surface is a widely known and practiced procedure in the mechanical arts to provide desired bonding between surfaces for at least the last 300 years.
As further evidence, ‘005 is referenced as it teaches a modular heads up display system and, “The front face 1212 of display mount 1210 is configured to be adhesively coupled to lens assembly 1130. As shown in FIG. 12C, an adhesive sealing gasket 1211 may be provided for attaching display mount 1210 to lens assembly 1130 (par. 79).”.
Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to further include an adhesive layer on the gasket joining arrangement already taught by the combined references above to further enhance the seal and joint of the surfaces of the rail carrier and helmet surface joint taught by the combined references previously noted above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Various helmet and viewing accessory attachment systems are attached in current PTO-892.
US 11969045 B2; US 11930879 B2; US 12495853 B2; US 10004289 B2; are particularly relevant references that disclose helmets with helmet mounting accessory systems using rails and various adjustment coupling means that accomplish similar objectives of the instant invention regarding proper placement of accessories during use and non-use.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732
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