DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10 March 2026 has been considered by the examiner.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 21, 22, 23, 27, 29, 30-32, 35, and 37 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Holt et al. (US 3,849,801).
In Re claim 1, Holt et al. disclose a shock absorbing device (fig. 2), comprising: a primary liquid reservoir (72) containing a liquid (Abstract); a first secondary liquid collection reservoir (68); and a second secondary liquid collection reservoir (70), wherein the primary liquid reservoir and secondary liquid collection reservoirs are each at least partially defined by a first contiguous membrane (81), and wherein the primary liquid reservoir is compressible upon impact (Abstract) thereby transferring liquid from the primary liquid reservoir though orifices (78, 82) to the first and second secondary liquid collection reservoirs, and wherein the first and second secondary liquid reservoirs are separately fluidly connected to the primary liquid reservoir though separate orifices (82).
In Re claim 21, see figs. 1, 2, and 5.
In Re claim 22, see first and second membrane (70 and 81).
In Re claim 23, see sealed seams (79; fig. 5).
In Re claim 27, see fig. 5.
In Re claims 29, 30, and 37, see foam spring inserts (89).
In Re claim 31, Holt et al. disclose a shock absorbing device (fig. 2), comprising: a primary liquid reservoir (72) containing a liquid (Abstract); a first secondary liquid collection reservoir (68); and a second secondary liquid collection reservoir (70), wherein the primary liquid reservoir and secondary liquid collection reservoirs are each at least partially defined by a first contiguous membrane (81), and wherein the primary liquid reservoir is compressible upon impact (Abstract) thereby transferring liquid from the primary liquid reservoir though orifice channels (78, 82) to the first and second secondary liquid collection reservoirs, wherein the shock absorbing device includes a second membrane (70), and wherein the orifice channels (78) are defined by the first and second membranes.
In Re claim 32, Holt et al. disclose a shock absorbing device (fig. 2), comprising: a flexible first membrane (81); and a flexible second membrane (70), wherein the flexible first membrane and flexible second membrane are sealingly connected (79) along a periphery and spaced apart in a central portion of a primary liquid reservoir (72) which is in fluid communication with a first secondary liquid collection reservoir (68).
In Re claim 33, see orifice channel (140).
In Re claim 35, Holt et al. disclose a shock absorbing device (fig. 2), comprising: a flexible first membrane (81); and a flexible second membrane (70), wherein the flexible first membrane and flexible second membrane are sealingly connected (79) along a periphery and spaced apart in a central portion of a primary liquid reservoir (72) which is in fluid communication with a first secondary liquid collection reservoir (68) and a second secondary liquid collection reservoir (70), wherein the first and second secondary liquid reservoirs are separately fluidly connected to the primary liquid reservoir though separate orifices (78).
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.
Claims 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Holt et al. (US 3,849,801) as applied to claims 1 and 32 above, and further in view of Kuntz (US 2017/0232327).
In Re claim 24, Holt et al. fail to teach multiple shock absorbing devices being formed from the same first and second membranes.
Kuntz is related to helmet safety and shock absorbing devices therefore. Kuntz teaches, with reference to figs. 4 and 5, creating and enclosing several adjacent shock absorbing devices (see 420 and 520) with a common upper and lower continuous membrane (430, 440). This array substantially covers the entirety of an outside of a football helmet shell (102) to provide impact coverage over the entire helmet. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified helmet and shock absorbing devices of Holt et al. to be formed as an array with a shared upper and lower membranes, as taught by Kuntz et al., to substantially cover the entirety of the helmet to provide impact coverage over the entire helmet. Forming the entire array as a single structure further reduces manufacturing time and costs associated with producing and installing individual adjacent shock absorbing devices.
In Re claim 25, the first membrane (81) and second membrane (70) are sealingly connected along a periphery (79) (figs. 2 and 5 of Holt et al.). In the array, as modified, the same configuration would exist, so as to seal the individual shock absorbing devices.
Allowable Subject Matter
The indicated allowability of claims 3, 21, 31, 34, and 35 is withdrawn in view of the newly discovered reference(s) to Holt et al. (US 3,849,801). Rejections based on the newly cited reference is detailed above.
Claims 26 are allowed.
Claims 2, 28, and 36 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 THOMAS W IRVIN whose telephone number is (571)270-3095. The examiner can normally be reached Monday - Friday 9am - 5pm.
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/THOMAS W IRVIN/Primary Examiner, Art Unit 3616
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