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 .
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.
Claims 1-20 are 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.
In claims 1-20, the drawing reference numbers need to be removed form the claims to avoid confusion since some of the terms may have different reference numbers leading to confusion.
In claim 1, line 4, it is not clear as to where the “at least two securing elements are located and as to what they secure.
In claim 1, line 8, applicant is claiming “At least two apertures”. However, the reference numbers include 3 reference numbers.
Therefore, the reference numbers should be deleted to avoid confusion.
In claim 1, lines 12 and 13, it is not clear as to how the “inner peripheral portion” is defining “An inner periphery. The elements include different reference numbers and it is not clear as to how they are related. In line 15, applicant is claiming “ at least two connectors”. However, the reference numbers indicate 3 connectors.
In claim 1, last line, there is no antecedent basis for “the release position”.
In claim 2, line 2 it is not clear as to what a “Full brim” and a “peak brim” encompass.
In claim 6, line 4, there is no antecedent basis for “the upwardly facing ledges” .
IN claim 7, line 8, the reference numbers show 3 insert apertures but only claim “At least two insert apertures”. Therefore, as suggested, the reference numbers should be removed from the claims.
In claim 7, lines 12 and 13, the “inner peripheral portion” appears to be different than the “inner periphery of the brim” since they include different reference numbers for each, rendering the claim indefinite.
In claim 7, line 15, the “at least two connectors” is listing 3 reference numbers and it is not clear s to what the “At least two connector’s” include.
Claims 12-20 include the “Connectors” as discussed above and the reference numbers need to be removed from the claims to avoid confusion. Especially since the claims claim one to two connectors but a set of 3 connector reference numbers are included in the parentheses. Therefore, all reference numbers need to be removed from the claims.
However, the claims, as best understood, have been examined on their merits.
None of the cited references, alone or in combination, disclose the helmet and the separately connectable brim with the connectors structured as claimed.
Claims 1, 7 and 12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-6, 8-11 and 13-20 depend from claims 1, 7 and 12 are not allowable as outlined above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 1-571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA M HALE/Primary Examiner, Art Unit 3732
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