DETAILED ACTION
The Amendment filed 01/22/26 has been entered. Claims 1-2, 4-12, 14-15 and 20-25 are currently pending, with claims 23-25 being newly added and claims 3 and 16-18 being cancelled. Despite the substantive claim amendments, the previous 102 rejection is maintained. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 24 is objected to because of the following informalities: the claim includes the typographical error “the the.”
Appropriate correction is required.
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.
Maurer
Claim(s) 1-2, 4-12, 14-15 and 20-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maurer et al. (U.S. Patent Pub. No. 2005/0200062) (previously cited). Maurer is directed to an impact absorption structure. See Abstract.
Claim 1: Maurer discloses a member to absorb energy [Figs. 3A-5B], particularly impact-energy comprising: a first layer (202); and a second layer (204); wherein the first layer comprises a multitude of three-dimensional elements (206), each being interconnected to a first base (106, ends of 202), and the second layer comprises a multitude of three-dimensional elements and/or openings (208), each being interconnected to a second base (106, ends of 204); wherein for energy-dissipation: the three-dimensional elements of the first layer are inserted into the openings of the second layer [see Figs. 4A-4E]; and/or (ii) the three-dimensional elements of the first layer are inserted into a hollow space provided between two or more of the three-dimensional elements of the second layer and/or vice versa; and wherein the multitude of three-dimensional elements respectively of the first and second layers each have a sidewall and the sidewall of the multitude three-dimensional elements of the first layer has, at least locally, a different shape and/or size than the sidewall of the multitude of three-dimensional elements of the second layer [see, e.g., Fig. 4C (compare 242 and 244)]. See Figs. 3A-5B.
Claim 2: Maurer discloses that the three-dimensional elements of one or both of the layers are tapered. See Figs. 4A-4E.
Claim 4: Maurer discloses that at least one of the first or second layer comprises a connecting means in a form of an adhesive layer; wherein the first layer and the second layer each comprise a first surface and a second surface in opposing relationship to the first surface; wherein the first surface of the first layer is oriented away from the second layer and the first surface of the second layer is oriented away from the first laver; and wherein the adhesive layer is located on the first surface of at least one of the first layer or the second layer. See para. 0023-25; 0031 (substrate layer added using adhesive).
Claim 5: Maurer discloses that the thickness of the sidewall of the three-dimensional elements of one or both of the layers is not constant. See para. 0016 (“thicknesses of the base portion, walls, and/or floor may vary along the cross-section of the structure”).
Claim 6: Maurer discloses that the three-dimensional elements of one or both of the layers comprise a reinforcement element in a form of one or more ribs and/or a foam layer. See para. 0039, 0054 (“foam”); 0044 (“protrusions”).
Claim 7: Maurer discloses that the first and the second layer are provided as one piece. See Fig. 3A.
Claim 8: Maurer discloses a system comprising a structure and a member according to claim 1. See para. 0022.
Claim 9: Maurer discloses that the structure comprises a cavity in which the member is located. See para. 0022.
Claim 10: Maurer discloses that one or both of the layers is attached to the structure via an adhesive layer; wherein the first layer and the second layer each comprise a first surface and a second surface in opposing relationship to the first surface; wherein the first surface of the first layer is oriented away from the second layer and the first surface of the second layer is oriented away from the first laver; and wherein the adhesive layer is located on the first surface of at least one of the first layer or the second layer. See para. 0023-25; 0031 (substrate layer added using adhesive).
Claim 11: see claim 1 above. Maurer further discloses that friction between the three-dimensional elements of the first and second layers takes place and the three-dimensional elements and/or the openings of at least one layer are deformed plastically and/or elastically. See para. 0043-46 (friction), 0051 (elastic deformation).
Claim 12: Maurer discloses that the three-dimensional elements and/or the openings are expanded and/or compressed and/or tangentially stressed, each reversibly and/or irreversibly. See para. 0051.
Claim 14: Maurer discloses that the cross section of the three-dimensional elements and/or the openings of the layers is increased and/or decreased. See para. 0016 (“thicknesses of the base portion, walls, and/or floor may vary along the cross-section of the structure”).
Claim 15: Maurer discloses that the three-dimensional elements of the two layers interlock during their plastic deformation. See Figs. 4A-4E; para. 0032.
Claim 20: Maurer discloses that the three-dimensional elements of the one or both of the layers are formed as truncated cones. See Figs. 4A-4E.
Claim 21: Maurer discloses that the truncated cones of the first layer and the truncated cones of the second layer are oriented in opposing directions. See Figs. 4A-4D.
Claim 22: Maurer discloses that the multitude of three-dimensional elements of the first layer are arranged spaced apart from one another. See Fig. 3A-4E.
Claim 23: Maurer discloses that the multitude of three-dimensional elements of one or both of the first layer and the second layer include one or more steps and/or the taper is non-constant. See para. 0016 (“thicknesses of the base portion, walls, and/or floor may vary along the cross-section of the structure”).
Claim 24: Maurer discloses that the reinforcement element is in the form of one or more ribs, which are connected to a top base of the multitude of three-dimensional elements of one or both of the first layer and the second layer. See para. 0044 (“protrusions”).
Claim 25: Maurer discloses that the openings are through-holes. See para. 0022 (holes for screw fastener in base of floor).
Response to Arguments
Applicant's arguments filed 01/22/26 have been fully considered but they are not persuasive. As discussed in a telephonic interview with Applicant’s attorney, Eric Hydorn, the new claim 1 limitation is properly disclosed in Figure 4C. Clearly, sidewalls 242 and 244 have a “different shape and/or size.” For this reason, all pending claims remain rejected as detailed above.
In addition, please consider ALL references cited in the current and previous PTO-892 forms before drafting/submitting claim amendments to help advance prosecution. Maurer was previously cited.
Conclusion
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616 February 10, 2026