DETAILED ACTION
The Request for Continued Examination (RCE) filed 08/13/26 has been entered. Claims 1-2, 4-12, 14, 20, 22-24 and 26-28 are pending, with claims 15 and 21 being cancelled, and claims 26-28 being newly added. In light of the claim amendments, a revised 102 rejection is 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.
Thomas
Claim(s) 1-2, 4-12, 14, 20, 22-24 and 26-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomas et al. (U.S. Patent Pub. No. 2011/0296594). Thomas is directed to an impact/energy management structure. See Abstract.
Claim 1: Thomas discloses a member to absorb energy [Figs. 3b, 3e], particularly impact-energy, comprising: a first layer (250); and a second layer (260); wherein the first layer comprises a multitude of three-dimensional elements (200), each being interconnected to a first base (224, at 222), and the second layer comprises a multitude of openings [see Fig. 3e (holes in 260 for 200)], each being formed in a second base (at 260); wherein the openings are through-holes [see para. 0106 (“…structures 200 in the array 250 may be exposed through the padding 260 as shown in Fig. 3e”)]; wherein for energy-dissipation: (i) the three-dimensional elements of the first layer are inserted into the multitude of openings of the second layer; and wherein the multitude of three-dimensional elements of the first layer have a sidewall (204). See Figs. 3b, 3e.
Claim 2: Thomas discloses that the three-dimensional elements of the first layer are tapered. See Fig. 1e.
Claim 4: Thomas 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. 0106 (adhesive).
Claim 5: Thomas discloses that the thickness of the sidewall of the three-dimensional elements of the first layer is not constant. See para. 0101 (thickness may be “varied or tapered”); see also Fig. 1b (at 112).
Claim 6: Thomas discloses that the three-dimensional elements of the first layer comprise a reinforcement element in a form of one or more ribs (212, 202, 110) and/or a foam layer. See Fig. 3b.
Claim 7: Thomas discloses that the first and the second layer are provided as one piece. See Figs. 3b, 3e.
Claim 8: Thomas discloses a system comprising a structure and a member according to claim 1. See Figs. 4a, 4b.
Claim 9: Thomas discloses that the structure comprises a cavity in which the member is located. See Figs. 4a, 4b.
Claim 10: Thomas 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. 0106 (adhesive).
Claim 11: see claim 1 above. Thomas 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. 0029, 0031, 0098, 0100.
Claim 12: Thomas 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. 0029, 0031, 098, 0100.
Claim 14: Thomas discloses that the cross section of the three-dimensional elements and/or the openings of the layers is increased and/or decreased. See para. 0101 (thickness may be “varied or tapered”).
Claim 20: Thomas discloses that the three-dimensional elements of the one or both of the layers are formed as truncated cones. See Figs. 1e, 3b.
Claim 22: Thomas discloses that the multitude of three-dimensional elements of the first layer are arranged spaced apart from one another. See Fig. 3b.
Claim 23: Thomas discloses that the multitude of three-dimensional elements of the first layer include one or more steps and/or a non-constant taper. See para. 0101.
Claim 24: Thomas discloses that the reinforcement element is in the form of one or more ribs (212, 202), 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 Fig. 3b.
Claim 26. See claims 1, 6 and 24 above. Thomas further discloses that the one or more ribs extend parallel to a longitudinal axis of the multitude of three- dimensional elements of one or both of the first layer and the second layer. See Fig. 3b.
Claim 27: Thomas discloses that the multitude of three-dimensional elements of one or both of the first layer and the second layer are tapered; and wherein an angle of the taper is skewed relative to the one or more ribs. See Fig. 1e (104 relative to 102).
Claim 28: Thomas discloses that the openings are arranged in a matrix with location and spacing corresponding with the multitude of three-dimensional elements. See Figs. 3e, 3f.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-12, 14, 20, 22-24 and 26-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It should be noted that Applicant has significantly broadened the scope of the claims here. In fact, the claim language in this third round of prosecution, is actually much broader than the originally filed claims submitted more than 3 years ago. In case it’s not abundantly clear, Applicant should narrow the scope of the claims to move prosecution forward. There is a plethora of prior art in this field, so it is strongly recommended that Applicant describe the invention in significant detail.
Conclusion
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616 August 26, 2026
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