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 § 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) 1-4, 6-10, 12-14, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Chen (US 2011/0088148). The device of Chen teaches,
With respect to claim 1, A helmet comprising: a head-engagement member (10) configured to engage with the occipital region of a head of a wearer (figure 1). It is noted that the language following ‘configured to engage’ is functional. The prior art teaches an element capable of engaging an occipital region of a head and therefore meets the claim, see MPEP 2114;
an adjustment mechanism (30) configured to adjust relative positions of the head-engagement member (Figure 2) and the front of the helmet to adjust the fit of the helmet relative to the head, t is noted that the language following ‘configured to adjust’ is a functional recitation. The prior art is capable of adjusting relative positions of the head engagement member and therefore meets the language as recited, see MPEP 2114;
and a controller (40) configured to be operated by a user to control the adjustment mechanism, the controller configured to be positioned in the occipital region of the head. The language “configured to be operate by a user’ and configure to be positioned in the occipital region of the head” is functional, the prior art teaches controller that functions by manual rotation, and is position on a lower rear portion of a head that would be capable for use to be positioned on an occipital region and therefore meets the claim as currently presented, see MPEP 2114;
wherein the head-engagement member (10) comprises an energy-absorbing member (70) configured to absorb energy associated with an impact directed towards the occipital region of the head. The language “configured to absorb energy associated with an impact” is functional. The prior art teaches a padding capable of absorbing impact and meets the functional recitation as recited. See MPEP 2114.
With respect to claim 2, wherein the energy-absorbing member (70) is provided on the left side and/or right side of the controller (40) in the left-to-right direction of the helmet.
With respect to claim 3, wherein the energy-absorbing member (70) is provided above the controller (at least a portion of 70, is positioned above the controller 40) in the vertical direction of the helmet (Figure 1), or an upper surface of the energy-absorbing member (70) is substantially level (Figure 6) with the uppermost point of the controller in the vertical direction of the helmet.
With respect to claim 4, wherein the energy- absorbing member (70) is provided below the controller in the vertical direction of the helmet (Figure 6; at least a portion of 70 extends below the controller 40), or a lower surface of the energy-absorbing member (70) is substantially level with the lowermost point of the controller in the vertical direction of the helmet (Figure 6).
With respect to claim 6, wherein the controller (40) is configured to be operated manually. The language configured to be operated manually is a functional limitation, the controller is capable of being turned by a hand, and therefore meets the limitation of configured to be operated manually. See MPEP 2114.
With respect to claim 7, wherein the controller is a dial (30)
With respect to claim 8, wherein the adjustment mechanism (30) is configured to adjust the length of a band (20) extending around a circumference of the head (Figure 9).
With respect to claim 9, adjustment mechanism (30) is configured to adjust the length of a band extending partway around a circumference of the head (Figure 9).
With respect to claim 10, wherein the stiffness of the controller under compressive forces is greater than the stiffness of the energy-absorbing member under compressive forces. The controller is plastic and the energy member is a pad and therefore would have less stiffness under force, meeting the functional language recited by application. See MPEP 2114.
With respect to claim 12, wherein the energy- absorbing member (70) is configured as one or more energy-absorbing pads (70).
With respect to claim 13, wherein the width of the energy-absorbing member (70) in the left-to-right direction of the helmet is narrower than the width of the helmet (Figure 9) in the left-to-right direction at the widest point of the helmet.
With respect to claim 14, wherein the energy-absorbing member (70) does not extend beyond the rearmost point of the rest of the helmet in the front-to-back direction of the helmet (Figure 9).
With respect to claim 17, wherein the energy-absorbing member (70) is configured to deform so as to absorb energy associated with an impact to the energy-absorbing member having a radial force component. The language configured to deform is a functional limitation. The prior art is a compressible pad capable of some deferment, and meets the limitation as currently recited. See MPEP 2114.
With respect to claim 18, an outer shell (80) ; and an energy-absorbing liner (70q) located radially inwards of the outer shell (Figure 9).
With respect to claim 20, further comprising: an outer shell (80);
and a head mount (20) configured to conform to the head of a wearer, wherein the head mount comprises a plurality of straps (20, left and right side) that extend across the top of the head, and an air gap is provided between the head mount and the outer shell (Figure 9).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Venturini et al. (US 2017/0006951). The device of Chen substantially discloses the claimed invention but is lacking an absorbing member located below the helmet rim.
The device of Venturini et al. teaches, with respect to claim 5, the energy absorbing member (112 is provided below the lower rim of the helmet in the vertical direction of the helmet.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to position the energy absorbent element below the rim, as taught by Venturini et al., in order to prevent direct contact of the adjustment member to the head improving comfort (para 0029).
Claim(s) 11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Milot et al. (US 12,616,266). The device of Chen substantially discloses the claimed invention but is lacking an energy member having an open structure and being detachable.
The device of Chen teaches,
With respect to claim 11, wherein the energy-absorbing member (170) has an open structure (figure 7 ) which allows air to flow through the energy-absorbing member.
With respect to claim 15, wherein the energy- absorbing member is detachable (Figure 7).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the energy absorbing member with an open structure and is removable to provide improve comfort and washability or replacement if soiled.
Claim(s) 16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Lanner et al. (WO 2017/157765). The device of Chen substantially discloses the claimed invention but is lacking a low friction interface.
The device of Lanner et al. teaches,
With respect to claim 16, further comprising a low-friction interface (, 4) positioned between at least a part of the energy-absorbing member and the occipital region of the head, which allows at least the part of the energy-absorbing member to slide relative to the head under an impact to the energy-absorbing member having a tangential force component. The language “which allows at least the part of the energy-absorbing member to slide relative to the head under an impact to the energy-absorbing member having a tangential force component” is functional. The prior art teaches the interface as recited, and would be expected to perform in the manner recited, see MPEP 2114.
With respect to claim 19, further comprising a low-friction interface (, 4) between the outer shell and the head (Figure 6), which allows the outer shell to slide relative to the head under an impact to the outer shell having a tangential force component. The language “which allows the outer shell to slide relative to the head under an impact to the outer shell having a tangential force component.” The language “which allows at least the part of the energy-absorbing member to slide relative to the head under an impact to the energy-absorbing member having a tangential force component” is functional. The prior art teaches the interface as recited, and would be expected to perform in the manner recited, see MPEP 2114.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the interface taught by Lanner et al. in order to provide improved impact resistance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732
Prosecution Insights