DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 13 of U.S. Patent No. 12,557,866. Although the claims at issue are not identical, they are not patentably distinct from each other because as follows:
Instant Application ‘085
16. (New) A helmet system, comprising: an outer shell comprising one or more protrusions formed on the outer shell, at least one protrusion forming a cavity beneath an outer surface of the outer shell and comprising an accessory attachment with mechanical features for attaching an external power device to the outer shell; a removable electronics assembly comprising: a module comprising one or more of a data router, a power source, and a processor; an electronic connector operable to provide one or more of data and power connections for the external power device electrically coupled to the accessory attachment; and an electrical conductor electrically connecting the electronic connector to the module to enable exchange of one or more of power and communication signals therebetween, wherein the electronic connector is mounted on the outer shell at the accessory attachment, and the electrical conductor is disposed in the cavity.
17. (New) The helmet system of claim 16, wherein the outer shell is configured for removable attachment of a ballistic layer to the outer shell to enclose the cavity when the ballistic structure is attached and to provide access to the cavity to enable removal and replacement of the removable electronics assembly when the ballistic layer is at least partially removed from the outer shell.
18. (New) The helmet system of claim 16, wherein the accessory attachment comprises a receptacle for the electronic connector and the electronic connector is mounted on the outer shell at the receptacle.
19. (New) The helmet system of claim 16, wherein the module comprises a processor and a battery pack.
20. (New) The helmet system of claim 16, wherein the module comprises one or more program modules for processing data received from or provided to the external power device.
21. (New) The helmet system of claim 16, further comprising a second portion comprising a liner, the second portion attachable to the outer shell, and a cooling device or material disposed between the liner and the outer shell.
22. (New) A helmet, comprising: an outer shell having an inner surface and including one or more ridges extending from the outer shell, at least one ridge forming a ridge cavity; a first ballistic layer disposed adjacent to the inner surface of the outer shell and at least partially enclosing the ridge cavity; a removable electronics system comprising: a module comprising at least one of a processor, a communication router, and a power supply; one or more electrical conductors disposed in the ridge cavity; and one or more accessory attachment interfaces mounted on the outer shell; wherein at least one of the one or more electrical conductors electrically connects the compute module to at least one of the one or more accessory attachment interfaces; and wherein the first ballistic layer is at least partially removable from the outer shell to enable removal and replacement of the removable electronics assembly as a unit.
23. (New) The helmet of claim 22, wherein the module is configured to provide power to one or more external power devices and to route communications between the one or more external power devices.
24. (New) The helmet of claim 22, wherein the module is configured to route communications between active system devices and one or more devices located remotely from the helmet.
25. (New) The helmet of claim 22, further comprising a second portion comprising a liner, the second portion attachable to the outer shell, and a cooling device or material disposed between the liner and the outer shell.
26. (New) An electronics system for a helmet, the helmet comprising an outer shell having a ridge extending from the outer shell and forming a ridge cavity, the electronics assembly comprising:a module comprising at least one of a processor, a communication router, and a power supply;one or more electrical conductors configured to be disposed in the ridge cavity; and one or more accessory attachment interfaces configured to be mounted on the outer shell, wherein the compute module is configured to be disposed on the outer shell, the one or more electrical conductors connect the module to the one or more accessory attachment interfaces, and the electronics assembly is configured for installation beneath a removable ballistic later of the helmet and for removal when the removable ballistic layer is at least partially removed from the outer shell.
27. (New) The electronics system of claim 26, wherein the module comprises a battery pack configured for mounting on a rear portion of the helmet.
28. (New) The electronics system of claim 26, comprising the module, an electrical conductor, and a heads up display (HUD) interface device, wherein the electrical conductor electrically connects the module to the HUD interface device.
29. (New) The electronics system of claim 26, wherein the module is configured to provide power to one or more external power devices and to route communications between the one or more external power devices.
30. (New) The electronics system of claim 29, wherein the module is configured to route communications between active system devices and one or more devices located remotely from the helmet.
US Patent ‘866
1. A helmet, comprising: a first portion including an outer shell; a second portion including a liner layer; wherein the outer shell comprises one or more protrusions formed on the outer shell, wherein each protrusion forms a cavity conforming to a shape of the protrusion beneath an outer surface of the outer shell; and wherein the outer shell comprises one or more accessory attachments, further comprising: one or more electrical conductors for one or more of communication and power disposed in at least one of the one or more cavities; and one or more accessory attachment interfaces; wherein each of the one or more accessory attachment interfaces is mounted on the outer shell at an accessory attachment; and wherein at least one of the one or more accessory attachment interfaces is electrically connected to at least one of the one or more electrical conductors.
2. The helmet of claim 1, wherein the outer shell is a non-ballistic layer and the first portion includes a first ballistic layer disposed adjacent to an inner surface of the outer shell; and wherein one or more of the electrical conductors are disposed between the first ballistic layer and the outer shell in a cavity formed between the first ballistic layer and the outer shell.
3. The helmet of claim 2, wherein the first ballistic layer includes a first outer surface, a first inner surface, and a first edge surface disposed between the first outer surface and the first inner surface; wherein the outer surface of the first ballistic layer is disposed adjacent to an inner surface of the outer shell; wherein the liner comprises an outer lip and the outer lip covers at least a portion of the first edge surface of the first ballistic layer.
4. The helmet of claim 1, wherein: the first portion is attached to and translates relative to the second portion to enable a user to dispose at least one removable ballistic layer between the liner layer and the first portion; and the first portion is at least partially detachable from the second portion without tools to enable the first portion to translate relative to the second portion.
5. The helmet of claim 4, wherein: the helmet includes a connector that connects the outer shell to the second portion to attach the first portion to the second portion; and the connector enables the first portion to rotate relative to the second portion to expose the at least one removable ballistic layer for removal by the user.
6. The helmet of claim 5, wherein the connector includes a post that extends from the outer shell through the liner layer, wherein the first portion rotates relative to the second portion around the post.
7. The helmet of claim 1, wherein; the first portion is attached to and translates relative to the second portion to enable a user to dispose at least one removable functional layer between the liner layer and the first portion; and the at least one removable functional layer includes at least one of an antenna, an energy storage device, and a sensor.
8. The helmet of claim 2, wherein the first ballistic layer is at least partially removable from the outer shell to enable removal, addition, repair, or replacement of the one or more electrical conductors and the one or more accessory attachment interfaces.
9. The helmet of claim 8, further comprising a pre-assembled electronics system comprising the one or more electrical conductors and the one or more accessory attachment interfaces, wherein the first ballistic layer is at least partially removable from the outer shell to enable installation and removal of the pre-assembled electronics system.
10. The helmet of claim 2, wherein the one or more protrusions comprise one or more ridges formed on the outer shell and extending from a rear portion of the helmet toward a front portion of the helmet and comprising a ridge cavity in which at least one of the one or more electrical conductors is disposed between the outer shell and the first ballistic layer.
11. The helmet of claim 1, wherein the helmet further includes a harness attachment attached to the outer shell, a harness system attached to the harness attachment, the harness system configured to retain the helmet on the head of a user; and a fit system detachably attached to the helmet, independently of the harness system, and configured to adjust a fit of the helmet on the head of the user.
12. The helmet of claim 1, wherein at least one of the cavities includes a fill material disposed therein.
13. The helmet of claim 1, further comprising a module comprising one or more of a processor and a power source; wherein at least one of the one or more electrical conductors connects the module to at least one of the one or more accessory attachment interfaces for one or more of providing power to the accessory attachment interface and routing communications to and from an accessory electrically interfaced with one of the one or more accessory attachment interfaces.
14. The helmet of claim 1, wherein the one or more accessory attachment interfaces include at least one selected from the group consisting of a heads up display (HUD) interface and a front mount interface.
15. The helmet of claim 1 further comprising an active system accessory that is removably attachable to the helmet; wherein at least one of the one or more accessory attachment interfaces comprises an electro-mechanical interface, wherein the electro-mechanical interface comprises: an electrical interface for conductively coupling to at least one of the one or more electrical conductors and to the active system accessory; and a mechanical interface for removably coupling the active system accessory to the helmet.
16. A helmet, comprising: a first portion including an outer shell; a second portion including a liner layer; wherein the first portion is attached to and translates relative to the second portion to enable a user to dispose at least one removable ballistic layer between the liner layer and the outer shell; wherein the first portion is at least partially detachable from the second portion to enable the first portion to translate relative to the second portion; the helmet includes a connector that connects the outer shell to the second portion to attach the first portion to the second portion; and the connector enables the first portion to rotate relative to the second portion to expose the at least one removable ballistic layer for removal by the user.
17. The helmet of claim 16 wherein the connector connects the outer shell to the liner to connect the first portion to the second portion.
18. The helmet of claim 16, wherein the outer shell comprises one or more accessory attachments, and wherein the outer shell comprises one or more ridges formed on the outer shell, wherein each ridge forms a ridge cavity beneath the ridge; further comprising: one or more electrical conductors for one or more of communication and power disposed in at least one of the one or more ridge cavities; and one or more accessory attachment interfaces; wherein each of the one or more accessory attachment interfaces is mounted on the outer shell at an accessory attachment; and wherein at least one of the one or more accessory attachment interfaces is electrically connected to at least one of the one or more electrical conductors.
19. The helmet of claim 18, further comprising a pre-assembled electronics system comprising the one or more electrical conductors and the one or more accessory attachment interfaces, wherein the first ballistic layer is at least partially removable from the outer shell to enable installation and removal of the pre-assembled electronics system.
20. The helmet of claim 18, wherein the outer shell is a non-ballistic layer and the first portion comprises the at least one removable ballistic layer disposed adjacent to an inner surface of the outer shell; and wherein the one or more electrical conductors are disposed between the first ballistic layer and the outer shell in a cavity formed between the first ballistic layer and the outer shell.
Claims 16, 22 and 26 of pending application ‘085 discloses a helmet forming a cavity beneath an outer surface of an outer shell and an electrical conductor electrically connecting the electronic connector to the module to enable exchange of one or more of power and communication signals therebetween, wherein the electronic connector is mounted on the outer shell at the accessory attachment, and the electrical conductor is disposed in the cavity is substantially structurally similar to US Patent ‘866 which discloses the recitation therein including a helmet including an outer shell with one or more protrusions formed on the outer shell, wherein each protrusion forms a cavity conforming to a shape of the protrusion beneath an outer surface of the outer shell; and wherein the outer shell comprises one or more accessory attachments, having one or more electrical conductors for one or more of communication and power disposed in at least one of the one or more cavities and a module being inherently removable with one or more of a processor and a power source; wherein at least one of the one or more electrical conductors connects the module to at least one of the one or more accessory attachment interfaces for one or more of providing power to the accessory attachment interface and routing communications in form of a signal to and from an accessory electrically interfaced with one of the one or more accessory attachment interfaces.
Allowable Subject Matter
Claim 16, 22 and 26 with its respective dependents are allowable if rewritten or amended to overcome the nonstautory double patenting rejection as set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the prior art references cited on PTO-892 discloses a domed outer shell having removable inner liner.
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July 22, 2026 /TAJASH D PATEL/ Primary Examiner, Art Unit 3732
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