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 5-17 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.
Claim 5, recites “it also comprises”, renders the claim indefinite because it is unclear which structure encompassed by such limitation? For the purpose of examination and as best understood the limitation is interpreted to mean that “the flexible welding helmet further comprises a fastener for securing the welding helmet to a wearer’s head when is worn”.
Claim 17, recites “such that they generate a T-form”, it is unclear which elements are “they” and what is the “T-form” like?
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graveno (4185328).
Regarding claim 1, Graveno discloses a flexible welding helmet (fig.1), comprising: a viewing window assembly (at 12, fig.1); a flexible protection shield (15) releasably connected to the viewing window assembly; and a belt (10) connected to the flexible protection shield and having an adjustable length (col.2, lines 67-68), wherein the viewing window assembly comprises a distal housing (24), a proximal housing (Guard G, fig.5), and a flip member (26) pivotally connected to the distal housing (24), the distal housing (24) is provided with a contact edge (fig.4 shows the holder having frame 22 having perimeter and edges connecting to semi-cylindrical portion 15), the proximal housing (guard G, fig.5) is provided with a contact edge (see the annotated figure 5A below) and a proximal edge (see the annotated figure 5A below) spaced from the contact edge, the flexible protection shield (15) is partially clamped between the contact edge of the distal housing (fig.2) and the contact edge of the proximal housing, the proximal edge of the proximal housing (Guard G, fig.5) has a curved contour which has a notch (8), the notch is configured to direct downwards when the flexible welding helmet (fig.1) is worn, and an eye protection assembly (lens 25, 25a) is releasably installed in the flip member (26).
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Regarding claims 2-4, Graveno discloses wherein the proximal edge (see the annotated fig.5A above) of the proximal housing is curved C-shaped such that opposing left and right ends of the proximal edge are farther away from the flip member (26) than a middle portion of the proximal edge (see fig.5A above), and the notch of the C-shape (8) directs downwards when the flexible welding helmet is worn (fig.1); wherein a partition wall (see the annotated fig.5A above) is formed between the contact edge of the proximal housing and the proximal edge of the proximal housing, and at least one aperture (an aperture received the ventilation air filter 7) is formed in the partition wall (223); wherein an eye shroud (28) made of a soft material or a soft sweat-absorbent material is releasably installed on the proximal edge of the proximal housing, and the eye shroud is shaped to follow the proximal edge (fig.4 shows Flange 29 is firmly clamped in position through cooperation between flange 28 of inner frame part 23 and flange 29 of the outer frame part 22 of the viewing lens assembly W. The inner frame part 23 having been inserted through the inside of the guard G, FIGS. 2 and 5, and its flange portion 28 is pressed against the inside of flange 29 of the guard G is made of soft, flexible, rubber-like material and fig.4 hatched line of element 29 and G and 28 are similar to one another; therefore, the material of guard G, element 29 and 28 is similar to one another).
Regarding claims 5-6, Graveno discloses further comprises a fastener (10, 11, 13) for securing the welding helmet to a wearer’s head when is worn; wherein the fastening feature comprises a tightening band (10,11, 13) which connected to left and right ends of the proximal edge respectively by two suspensory belts whose length is adjustable.
Allowable Subject Matter
Claims 7-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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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/Timothy K Trieu/Primary Examiner, Art Unit 3732
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