DETAILED ACTION
The Amendment filed 10/17/25 has been entered. Claims 1-26 are currently pending, with claim 26 being newly added. Despite the substantive claim amendments and Applicant’s arguments, the 102 and 103 rejections are maintained as detailed below. 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
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.
Shelby
Claim(s) 1-5, 7-9, 11-17 and 19-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelby et al. (U.S. Patent Pub. No. 2014/0087145). Shelby is directed to a self-corrugating laminates and methods of making them. See Abstract.
Claim 1: Shelby discloses an apparatus [Figs. 2, 5], comprising: a ribbed structure (30, 40, 50) extending along a lateral plane and including a set of ribs (50, 55), the ribbed structure changing in height along a dimension of the lateral plane [see Fig. 5], the ribbed structure configured to elastically deform [see, e.g., para. 0037 (layers 30, 40 use “elastomeric material”); 0038 (layer 50 does shrink, albeit less than layers 30, 40); 0050 (layer 50 made of “foams, rubbery materials”)] from a first configuration to a second configuration according to a sequence of stages in response to a force that increases in magnitude being applied to the ribbed structure, each stage from the sequence of stages exhibiting different stress behavior [see Fig. 5 (varied amplitudes and frequency), the ribbed structure configured to elastically recover from the second configuration back to the first configuration in response to the force being applied decreasing in magnitude. See Figs. 2, 5; para. 0037-38, 0068-70.
Claim 2: Shelby discloses that the ribbed structure has a plurality of sections including: a first section (P1) including a first subset of ribs having a first set of characteristics; and a second section (P2) including a second subset of ribs having a second set of characteristics different from the first set of characteristics, the first section configured to deform differently from the second section in response to the increasing force being applied to the ribbed structure. See Fig. 5.
Claim 3: Shelby discloses that the first subset of ribs has periodicity exhibiting a first wavelength (P1), and the second subset of ribs has periodicity exhibiting a second wavelength (P2) different from the first wavelength. See Fig. 5.
Claim 4: Shelby discloses that the first subset of ribs has first amplitude and the second subset of ribs has a second amplitude different from the first amplitude. See Fig. 5.
Claim 5: Shelby discloses that the first subset of ribs exhibit a first waveform and the second subset of ribs exhibit a second waveform different from the first waveform. See Fig. 5.
Claim 7: Shelby discloses that the set of ribs exhibit a complex waveform formed from a plurality of sine waveforms each associated with a different wavelength. See Fig. 5.
Claim 8: Shelby discloses that the ribbed structure has a thickness that changes along a lateral or a longitudinal axis of the ribbed structure. See Fig. 5.
Claim 9: Shelby discloses that the thickness of the ribbed structure changes gradually along the lateral or the longitudinal axis. See Fig. 5.
Claim 11: Shelby discloses a first layer (30) disposed on a first side of the ribbed structure; and a second layer (40) disposed on a second side of the ribbed structure. See Fig. 5.
Claim 12: Shelby discloses that a combined height of the first and second layers and the ribbed structure is between about 1 mm and about 5 cm. See para. 0050.
Claim 13: Shelby discloses that the first and second layers each have a cylindrical shape, and the ribbed structure is shaped as a ring that is disposed between the first and second layers. See Fig. 4.
Claim 14: Shelby discloses that the dimension is a first dimension, the ribbed structure further changing in height along a second dimension of the lateral plane. See para. 0059.
Claim 15: Shelby discloses that the set of ribs defines a plurality of peaks and troughs, the apparatus further comprising a set of stiffeners disposed between the peaks and troughs and oriented orthogonally to the ribs, the set of stiffeners (57, 58, layer C) configured to increase a rigidity of the ribbed structure in the lateral plane. See para. 0079, 0124; Fig. 7 (ribs extend up-down, 57/58 extend left-right).
Claim 16: Shelby discloses that the ribbed structure in deforming according to the sequence of stages is configured to attenuate forces associated with a shock applied to the ribbed structure. See Fig. 5.
Claim 17: Shelby discloses an apparatus, comprising: a ribbed structure (50) including a set of ribs (55), the ribbed structure configured to deform elastically under shock from a first configuration to a second configuration and to elastically recover from the second configuration back to the first configuration in response to increasing and decreasing forces during the shock, respectively, the ribbed structure including: a first section (P1) including a first subset of ribs having a first set of characteristics; and a second section (P2) including a second subset of ribs having a second set of characteristics different from the first set of characteristics, such that the first section and the second section have different mechanical properties. See Fig. 5.
Claim 19: see claim 5 above.
Claim 20: see claim 3 above.
Claim 21: see claim 4 above.
Claim 22: Shelby discloses a method, comprising: heating a material; shaping the material into a ribbed structure (50) including a set of ribs (55); and coupling the ribbed structure to one or more rigid layers (30, 40) such that the ribbed structure is configured to attenuate forces associated with a shock applied to an exterior surface of the one or more rigid surfaces. See para. 0033, 0047-50, 0060, 0071, 0075; Fig. 5.
Claim 23: Shelby discloses that the shaping the material includes at least one of: embossing the material, thermoforming the material, stamping the material, rolling the material, compression molding the material, vacuum molding the material, or casting the material. See para. 0003.
Claim 24: Shelby discloses that the material is a sheet material, and the shaping the material includes feeding the sheet material through two rollers that collectively define a periodic waveform associated with the set of ribs of the ribbed structure. See para. 0060, 0071, 0075.
Claim 25: Shelby discloses that the material is a formable solid, and the shaping the material includes placing the formable solid in liquid form between two plates that collectively define the ribbed structure. See para. 0085.
Claim 26: see claim 15 above.
Claim Rejections - 35 USC § 103
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.
Shelby in view of Kling
Claim(s) 6, 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelby in view of Kling et al. (U.S. Patent Pub. No. 2019/0241342). Kling is directed to multi-laminate folded materials. See Abstract.
Claim 6: Shelby is relied upon as in claim 1 but does not disclose that each rib has local maxima/minima disposed between the peak and trough of the structure. Kling discloses a ribbed structure wherein discloses each rib from the set of ribs includes a peak, a trough, and one or more local maxima and local minima disposed between the peak and the through. See Fig. 17B. It would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention to include this feature because Shelby already contemplates using multiple sections of ribs with varying amplitude and periodicity, and this is merely an alternative variation to achieve desired damping properties.
Claim 10: Kling discloses that the ribbed structure is a first ribbed structure and the set of ribs is a first set of ribs, the first set of ribs defining a first plurality of peaks and troughs, the apparatus further comprising: a second ribbed structure including a second set of ribs, the second set of ribs defining a second plurality of peaks and troughs, the second ribbed structure coupled to the first ribbed structure where each peak of the second plurality of peaks and troughs is coupled to a different trough of the first plurality of peaks and troughs. See Figs. 12B, 13B, 14C.
Claim 18: Kling discloses that the first subset of ribs has a pattern that changes along a first dimension of the ribbed structure, and the second subset of ribs has a pattern that changes along a second dimension of the ribbed structure that is different from the first dimension. See Fig. 14C.
Response to Arguments
Applicant's arguments filed 10/17/25 have been fully considered but they are not persuasive.
Applicant contends that the “ribbed structure” in Shelby includes the “non-shrinkable core,” hence it is not able to “elastically deform” and “elastically recover,” as recited in claims 1, 17 and 22. See pages 7-9. Specifically, Applicant alleges that only shrinkable layers 30 and 40 are elastomeric and “non-shrinkable core” 50 is not.
In response, the “ribbed structure” could include layers 30 and 40, as well as the ribs 50, hence layers 30 and 40 may meet the recited limitations concerning elastic deformity and elastic recovery. There is nothing in the claim language that prevents the “ribbed structure” from including all three components 30, 40 and 50. A “ribbed structure” need not be composed only of its “ribs.”
Furthermore, even if only ribs 50 were deemed to be the “ribbed structure,” Shelby is explicit in stating that this “non-shrinkable core” is still capable of shrinking, albeit less than layers 30 and 40. See para. 0038 (“the term ‘non-shrinkable core’ is not intended to exclude substrates that shrink, but rather, to describe substrates that shrink…substantially less than do the shrinkable film layers” and that “the non-shrinkable core may shrink to some extent”). In addition, Shelby is explicit in stating that this non-shrinkable core (i.e., ribs 50) may be made of “foams” or “rubbery materials.” See para. 0070. Applicant has taken an overly narrow view of this prior art reference and the arguments are ultimately unpersuasive. Additional structural limitations are strongly encouraged to move prosecution forward.
For the foregoing reasons, all pending claims remain rejected as detailed above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616 October 20, 2025