DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/15/2025 has been entered.
Response to Arguments
Applicant’s REMARKS of 09/15/2025 (see p. 6-8 of the reply) are fully considered.
Regarding Claim Objections (p. 6): Applicant’s arguments are fully considered and are persuasive. Specifically, upon further review of the present disclosure, the amended claims, and Applicant’s remarks on p. 6, the claim objection set forth in the previous Office action is overcome. It is noted the amendment has necessitated a new objection to claim 15; see Claim Objections below.
Regarding Rejections Under 35 U.S.C. § 102 (p. 6-8): Applicant’s arguments 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.
Regarding General Comments on Dependent Claims (p. 8): Applicant’s arguments 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.
Election/Restrictions
Newly submitted claim 19 is directed to an invention that lacks unity with the invention originally claimed for the following reasons:
The invention originally claimed (i.e. Group I, claims 1-17, drawn to a helmet) and newly submitted claim 19 (i.e. claim 19, drawn to a method for manufacturing a helmet) lack unity of invention because even though Group I and newly submitted claim 19 require the technical feature of A helmet, comprising: a helmet shell; and an impact absorber arranged at an inner side of the helmet shell, wherein the impact absorber including :a main body including: a first member configured to be located at a position corresponding to a top of a head; a second member having an annular shape and configured to be arranged entirely around the head at a lower side of the first member such that a central space of the second member is continuous with a cavity of the first member; two third members configured to be located at positions corresponding to right and left sides of the head at a lower side of the second member; and two insertion spaces, each insertion space being: defined between an inner surface of the helmet shell and an outer surface of a respective third member of the two third members; and open toward a fitting opening of the helmet shell; and two inserted members mounted in respective insertion spaces such that the two inserted members are contacting the outer surface of the respective third member, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of [Glover, US 2020/0060374, newly cited] in view of [Takahashi, US 2004/0025229, cited by Applicant on the IDS of 08/01/2023].
Glover discloses (Fig. 19A):
A helmet (see annotated Fig. 19A – a below), comprising:
a helmet shell (see annotated Fig. 19A – a below); and
an impact absorber (see annotated Fig. 19A – a below) arranged at an inner side of the helmet shell, wherein the impact absorber including:
a main body (portions and members thereof identified hereinbelow) including:
a first portion (see annotated Fig. 19A – a below) configured to be located at a position corresponding to a top of a head;
a second portion (see annotated Fig. 19A – a below) configured to be arranged entirely around the head at a lower side of the first portion (as in annotated Fig. 19A – a below)
two third members (see annotated Fig. 19A – a below) configured to be located at positions corresponding to right and left sides of the head at a lower side of the second portion (as in annotated Fig. 19A – a below); and
two insertion spaces 630, each insertion space being:
defined between an inner surface of the helmet shell and an outer surface of a respective third member of the two third members (Fig. 19A); and
and two inserted members 570 mounted in respective insertion spaces such that the two inserted members are contacting the outer surface of the respective third member.
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Glover Fig. 19A does not expressly disclose:
each insertion space being open toward a fitting opening of the helmet shell;
and two inserted members mounted in respective insertion spaces such that the two inserted members are contacting the outer surface of the respective third member.
However and in further view of Glover:
Glover Figs. 24A-24B teaches an insertion space 680 being open toward a fitting opening of a helmet shell (Figs. 24A-24B; para 116); Glover Fig. 24B shows an inserted member 570 contacting an outer surface of the member which receives the inserted member (Figs. 24A-24B; para 116).
It 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 to have modified the helmet of Glover such that each insertion space is open towards a fitting opening of the helmet shell in order to yield the predictable result of an insertion space that permits insertion and removal of member 570 without having to separate the respective third member from the shell.
It 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 to have modified the modified Glover such that the inserted members are contacting the outer surface of the respective third member in order to yield the predictable result of the combined inserted members and third members being in frictional engagement with each other via mutual contact so as to aid in retention of each inserted member within each insertion space via said frictional engagement.
Glover does not expressly disclose a first member configured to be located at a position corresponding to a top of a head;
a second member having an annular shape and configured to be arranged entirely around the head at a lower side of the first member such that a central space of the second member is continuous with a cavity of the first member;
two third members configured to be located at positions corresponding to right and left sides of the head at a lower side of the second member.
However, Takahashi teaches (Figs. 15-27):
an impact absorber 17 comprising:
a main body 17 comprising:
a first member 82 configured to be located at a position corresponding to a top of a head (Figs. 15-22 and 27);
a second member 81 having an annular shape (Figs. 24-26) and configured to be arranged entirely around the head (Figs. 24-26) at a lower side of the first member (Figs. 17-22) such that a central space of the second member is continuous with a cavity of the first member (Figs. 15-22).
Takahashi further teaches the “density of” the second member 81 is “substantially the same as” that of “22 of the first embodiment” and the “density of” the first member 82 is “substantially the same as” that of “23 of the first embodiment” (para 141) wherein the “density of...22 is about 45 g/liter” (para 103) and the “density of...23 is about 25 g/liter” (para 104).
Takahashi further teaches “absorbing ability and propagating ability of the impact energy differ depending on the density. According to the present invention, the outer auxiliary liner member 23 must have a smaller compression strength and smaller bending strength as compared to the main liner member 22. Hence, the density of the outer auxiliary liner member 23 is smaller than that of the main liner member 22” wherein “each of the main liner member 22 and outer auxiliary liner member 23 must have an appropriate plastic deformation rate and appropriate elastic deformation rate” (para 89) in order to “decrease both the maximum acceleration during an impact and the HIC” (i.e. “Head Injury Criteria”) “without particularly decreasing the rigidity of the entire impact-on-the-head absorbing liner” (paras 9 and 14) to “increase the protection performance of the safety helmet” (para 12).
It 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 to have modified the modified Glover such that its main body is provided with a first member configured to be located at a position corresponding to a top of a head; a second member having an annular shape and configured to be arranged entirely around the head at a lower side of the first member such that a central space of the second member is continuous with a cavity of the first member in order to increase the protection performance of the helmet, as suggested by Takahishi (paras 9, 12, 14, 89).
In adopting the modification, the limitation “two third members configured to be located at positions corresponding to right and left sides of the head at a lower side of the second member” would be met insofar as the third members identified in above annotated Fig. 19A – a would be configured to be located at positions corresponding to right and left sides of the head at a lower side of the second member in the same way they are configured to be located at positions corresponding to right and left sides of the head at a lower side of the second portion in above annotated Fig. 19A – a.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 19 is withdrawn from consideration as being directed to a nonelected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Status of the Claims
Claims 1, 4-17, and 19 are presented.
Claim 19 is withdrawn (see above)
The present Office action treats claims 1 and 4-17 on the merits.
The present Office action is a non-final rejection.
Claim Objections
Claim 15 is objected to because of the following informalities:
Claim 15 line 4: “the inserted member” should be --the inserted members--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 recites “The helmet according to claim 1, wherein: the main body further includes: two fourth members configured to be located at positions corresponding to right and left cheeks of the head at lower sides of the third members; and a fifth member configured to be located at a position corresponding to a mouth and a chin of the head, connecting respective ends of the fourth members, and not attached to the third members, and the impact absorber includes a total of nine components”, which is new matter in that there the disclosure as filed does not support a helmet as claimed wherein a fifth member is “not attached to the third members”. As stated in the specification, “the main body 21 includes the two fourth members 70, located at the lower sides of the third members 50, and the fifth member 80 at a location corresponding to the mouth and the chin and connecting the ends of the fourth members 70. The fourth members 70 are located at positions corresponding to the right and left cheeks. Further, each fourth member 70 is connected to the corresponding third member” (para 81) such that the fifth member is attached to the third members via at least the fourth members. Looking to the drawings: there is no drawing that shows the combination of a fifth member connecting ends of fourth members and also not attached to third members. Fig. 1 shows a fourth member 70 and a fifth member 80 and a third member 50 wherein the fifth member 80 is attached to the third member 50 via at least intervening helmet structure (Fig. 1). Fig. 10 shows a fourth member 70 and a fifth member 80 and a third member 50 wherein the fifth member 80 is attached to the third member 50 via at least intervening helmet structure (Fig. 10). Fig. 11 is an “exploded...view” (para 26) and does not show “a fifth member configured to be located at a position corresponding to a mouth and a chin of the head, connecting respective ends of the fourth members, and not attached to the third members” as claimed.
Claims 7-16 are rejected if only because they depend from a rejected claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 5, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Glover, US 2020/0060374, newly cited] in view of [Takahashi, US 2004/0025229, cited by Applicant on the IDS of 08/01/2023].
Regarding claim 1:
Glover discloses (Fig. 19A):
A helmet (see annotated Fig. 19A – a below), comprising:
a helmet shell (see annotated Fig. 19A – a below); and
an impact absorber (see annotated Fig. 19A – a below) arranged at an inner side of the helmet shell, wherein the impact absorber including:
a main body (portions and members thereof identified hereinbelow) including:
a first portion (see annotated Fig. 19A – a below) configured to be located at a position corresponding to a top of a head;
a second portion (see annotated Fig. 19A – a below) configured to be arranged entirely around the head at a lower side of the first portion (as in annotated Fig. 19A – a below)
two third members (see annotated Fig. 19A – a below) configured to be located at positions corresponding to right and left sides of the head at a lower side of the second portion (as in annotated Fig. 19A – a below); and
two insertion spaces 630, each insertion space being:
defined between an inner surface of the helmet shell and an outer surface of a respective third member of the two third members (Fig. 19A); and
and two inserted members 570 mounted in respective insertion spaces such that the two inserted members are contacting the outer surface of the respective third member.
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Glover Fig. 19A does not expressly disclose:
each insertion space being open toward a fitting opening of the helmet shell;
and two inserted members mounted in respective insertion spaces such that the two inserted members are contacting the outer surface of the respective third member.
However and in further view of Glover:
Glover Figs. 24A-24B teaches an insertion space 680 being open toward a fitting opening of a helmet shell (Figs. 24A-24B; para 116); Glover Fig. 24B shows an inserted member 570 contacting an outer surface of the member which receives the inserted member (Figs. 24A-24B; para 116).
It 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 to have modified the helmet of Glover such that each insertion space is open towards a fitting opening of the helmet shell in order to yield the predictable result of an insertion space that permits insertion and removal of member 570 without having to separate the respective third member from the shell.
It 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 to have modified the modified Glover such that the inserted members are contacting the outer surface of the respective third member in order to yield the predictable result of the combined inserted members and third members being in frictional engagement with each other via mutual contact so as to aid in retention of each inserted member within each insertion space via said frictional engagement.
Glover does not expressly disclose a first member configured to be located at a position corresponding to a top of a head;
a second member having an annular shape and configured to be arranged entirely around the head at a lower side of the first member such that a central space of the second member is continuous with a cavity of the first member;
two third members configured to be located at positions corresponding to right and left sides of the head at a lower side of the second member.
However, Takahashi teaches (Figs. 15-27):
an impact absorber 17 comprising:
a main body 17 comprising:
a first member 82 configured to be located at a position corresponding to a top of a head (Figs. 15-22 and 27);
a second member 81 having an annular shape (Figs. 24-26) and configured to be arranged entirely around the head (Figs. 24-26) at a lower side of the first member (Figs. 17-22) such that a central space of the second member is continuous with a cavity of the first member (Figs. 15-22).
Takahashi further teaches the “density of” the second member 81 is “substantially the same as” that of “22 of the first embodiment” and the “density of” the first member 82 is “substantially the same as” that of “23 of the first embodiment” (para 141) wherein the “density of...22 is about 45 g/liter” (para 103) and the “density of...23 is about 25 g/liter” (para 104).
Takahashi further teaches “absorbing ability and propagating ability of the impact energy differ depending on the density. According to the present invention, the outer auxiliary liner member 23 must have a smaller compression strength and smaller bending strength as compared to the main liner member 22. Hence, the density of the outer auxiliary liner member 23 is smaller than that of the main liner member 22” wherein “each of the main liner member 22 and outer auxiliary liner member 23 must have an appropriate plastic deformation rate and appropriate elastic deformation rate” (para 89) in order to “decrease both the maximum acceleration during an impact and the HIC” (i.e. “Head Injury Criteria”) “without particularly decreasing the rigidity of the entire impact-on-the-head absorbing liner” (paras 9 and 14) to “increase the protection performance of the safety helmet” (para 12).
It 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 to have modified the modified Glover such that its main body is provided with a first member configured to be located at a position corresponding to a top of a head; a second member having an annular shape and configured to be arranged entirely around the head at a lower side of the first member such that a central space of the second member is continuous with a cavity of the first member in order to increase the protection performance of the helmet, as suggested by Takahishi (paras 9, 12, 14, 89).
In adopting the modification, the limitation “two third members configured to be located at positions corresponding to right and left sides of the head at a lower side of the second member” would be met insofar as the third members identified in above annotated Fig. 19A – a would be configured to be located at positions corresponding to right and left sides of the head at a lower side of the second member in the same way they are configured to be located at positions corresponding to right and left sides of the head at a lower side of the second portion in above annotated Fig. 19A – a.
Regarding claim 5:
Glover in view of Takahishi teaches The helmet according to claim 1, as set forth above.
Glover further discloses wherein the inserted members are removable from the insertion spaces (“removably coupled”; para 114).
Regarding claim 17:
Glover in view of Takahashi teaches The helmet according to claim 1, as set forth above.
Glover does not expressly disclose wherein the main body includes a blind hole.
However and in further view of Takahashi:
Takahashi teaches first and second members each comprise a blind hole (“four pairs of left and right through holes 43 a and 43 b, 44 a and 44 b, 45 a and 45 b and 48 a and 48 b”; para 127).
Takahashi further teaches the blind holes are for “air...ventilation” (para 127).
It 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 to have modified the modified Glover such that the first member and/or the second member of the main body is provided with a blind hole in order to promote air ventilation in the helmet, as suggested by Takahashi (para 127).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Glover, US 2020/0060374] and [Takahashi, US 2004/0025229] as applied to claim 1 above, and further in view of [Morgan, US 2010/0000009, previously cited].
Regarding claim 4:
Glover in view of Takahishi teaches The helmet according to claim 1, as set forth above.
Glover does not expressly disclose wherein the inserted member has a thickness of 3 mm or greater and 30 mm or less.
However, Morgan teaches a helmet wherein an impact absorber has a thickness of 25 mm in a temporal portion of a helmet (para 55). Morgan further teaches such thickness is “preferred” for “motorcycle helmets” (para 55).
It 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 to have modified the modified Glover such that its inserted member has a thickness of 25 mm, as in Morgan, in order to render it appropriate for impact protection in a motorcycling application, as taught by Morgan (para 55).
Claim(s) 6 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Glover, US 2020/0060374] and [Takahashi, US 2004/0025229] as applied to claim 1 above, and further in view of [Ross, US 2015/0026858, newly cited].
Regarding claim 6:
Glover in view of Takahishi teaches The helmet according to claim 1, as set forth above.
Glover does not expressly disclose wherein: the main body further includes two fourth members configured to be located at positions corresponding to right and left cheeks of the head at lower sides of the third members and a fifth member configured to be located at a position corresponding to a mouth and a chin of the head, and connecting respective ends of the fourth members, and not attached to the third members, and the impact absorber includes a total of nine components.
However, Ross teaches a “face protection element 4” comprising an “impact absorbing face padding system” (para 6) comprising two fourth members 68, 72 configured to be located at positions corresponding to right and left cheeks of the head (para 42) at lower sides of a helmet (Figs. 4-11) and a fifth member 70 configured to be located at a position corresponding to a mouth and a chin of the head (para 42 states fifth member 70 is a “chin cup”, and the fifth member 70 is accordingly configured to be located at a position corresponding to a “chin” and, in addition corresponding to both a mouth and a chin insofar as a wearer’s mouth is close to his chin, and the fifth member will fit wearers of different sizes differently such that the limitation is met), and connecting (either indirectly or directly; Fig. 1) respective ends of the fourth members (Fig. 1).
Ross further teaches the “face protection element 4 is configured to withstand...impact...and is configured to be attached to a protective helmet 8” whereby fourth members 68, 72 and fifth member 70 are “comprised of an impact protection material” (para 42).
Ross further teaches the “face protection element without the helmet” is “configured for attachment to the helmet” (para 9) and “quick release mechanisms to quickly release the entire face protection element from the helmet” (para 10)
It 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 to have modified the modified Glover such that it is provided with a face protection element including two fourth members configured to be located at positions corresponding to right and left cheeks of the head at lower sides of the third members and a fifth member configured to be located at a position corresponding to a mouth and a chin of the head, and connecting respective ends of the fourth members, and not attached to the third members, such that the main body includes the two fourth members and the fifth member in order to yield a helmet that is capable of attachment and detachment of the face protection element for the purpose of selectively protecting portions of the wearer’s chin and cheeks from impact, as suggested by Ross (paras 9-10; 42).
In adopting the modification, the limitation “the impact absorber includes a total of nine components” would be met insofar as the main body of the modified Glover would comprise the one first member (as set forth in above addressing of claim 1), the one second member (as set forth in above addressing of claim 1), the two third members (as set forth in above addressing of claim 1), the two inserted members (as set forth in above addressing of claim 1), the two fourth members, and the fifth member.
Regarding claim 12:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
The modified Glover further meets the limitation wherein the second member has a vertical width between the first member and the third members (see annotated Fig. 19A – b below) that is less than a vertical width of other regions (see annotated Fig. 19A – b below).
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Regarding claim 13:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
Glover does not expressly disclose wherein in the second member, a vertical width of a portion corresponding to a back of the head is greater than a vertical width between the first member and the third members and a vertical width of a portion corresponding to a front of the head.
However and in further view of Takahashi:
In Takahashi, the second member 81 appears to have a vertical width of a portion corresponding to a back of the head (see annotated Figs. 20 – a below) greater than a vertical width between the first member and where the third members would be provided (see annotated Figs. 20 – a below) and a vertical width of a portion corresponding to a front of the head (see annotated Figs. 20 – a below).
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It 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 to have modified the modified Glover such that in the second member, a vertical width of a portion corresponding to a back of the head is greater than a vertical width between the first member and the third members and a vertical width of a portion corresponding to a front of the head in order to yield the predictable result of a helmet whose second member comprises a back-of-the-head portion that is configured to protect a larger vertical extent of the wearer’s heat than that of the portion between the first member and the third members and the portion corresponding to a front of the head.
Regarding claim 14:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
Glover does not expressly disclose wherein at least one of the first member, the second member, the third members the fourth members the fifth member, and the inserted members includes a blind hole.
However and in further view of Takahashi:
Takahashi teaches first and second members each comprise a blind hole (“four pairs of left and right through holes 43 a and 43 b, 44 a and 44 b, 45 a and 45 b and 48 a and 48 b”; para 127).
Takahashi further teaches the blind holes are for “air...ventilation” (para 127).
It 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 to have modified the modified Glover such that the first member and/or the second member is provided with a blind hole in order to promote air ventilation in the helmet, as suggested by Takahashi (para 127).
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Glover, US 2020/0060374], [Takahashi, US 2004/0025229], and [Ross, US 2015/0026858] as applied to claim 6 above, and further in view of [Pritz, US 2015/0272257, previously cited].
Regarding claim 7:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
Glover does not expressly disclose wherein among the total of nine components: the first member has a density that is lowest; and the second member has a density that is second to lowest.
The modified Glover comprises the first and second members of Takahashi, wherein first member density is lower than that of second member density (paras 103-104 and 141 of Takahishi) such that the first member has a density that is lower than the second member.
The modified Glover is silent as to the density of the other seven components.
However, Pritz teaches a helmet wherein “the use of multiple pieces for the locking liner 60...can also allow for the...liner 60 to include foam or energy management materials of multiple densities...a segment of the locking liner 60 can comprise a first...lamina, or strata of a first density...and a second...layer, lamina, or strata of a second density...The first layer can have a density that is greater than or less than a density of the second layer. Alternatively, different individual pieces or segments of the locking liner 60 can comprise a single density that is different from other individual pieces to form an alternative embodiment of a multi-density liner” (para 39). Thus Pritz teaches plural components wherein a given member of the plural components varies in density relative to one or more of the other components thereof.
It 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 to have modified the modified Glover such that among the total of nine components, the first member has a density that is the lowest and the second member has a density that is second to the lowest in order to yield the predictable result of a helmet whose other seven members provide more impact protection over the areas of the body that they cover than the first and second members.
Regarding claim 8:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
Glover does not expressly disclose wherein the second member has a density lower than that of the third members and lower than or equal to that of the inserted members.
However, Pritz teaches a helmet wherein “the use of multiple pieces for the locking liner 60...can also allow for the...liner 60 to include foam or energy management materials of multiple densities...a segment of the locking liner 60 can comprise a first...lamina, or strata of a first density...and a second...layer, lamina, or strata of a second density...The first layer can have a density that is greater than or less than a density of the second layer. Alternatively, different individual pieces or segments of the locking liner 60 can comprise a single density that is different from other individual pieces to form an alternative embodiment of a multi-density liner” (para 39). Thus Pritz teaches plural components wherein a given member of the plural components varies in density relative to one or more of the other components thereof.
It 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 to have modified the modified Glover such that its second member has a density lower than that of the third members and lower than or equal to that of the inserted members in order to yield the predictable result of a helmet whose third members and inserted members provide at least as much impact protection as its second member.
Regarding claim 9:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
Glover does not expressly disclose wherein the third members have a density higher than or equal to that of the inserted members.
However, Pritz teaches a helmet wherein “the use of multiple pieces for the locking liner 60...can also allow for the...liner 60 to include foam or energy management materials of multiple densities...a segment of the locking liner 60 can comprise a first...lamina, or strata of a first density...and a second...layer, lamina, or strata of a second density...The first layer can have a density that is greater than or less than a density of the second layer. Alternatively, different individual pieces or segments of the locking liner 60 can comprise a single density that is different from other individual pieces to form an alternative embodiment of a multi-density liner” (para 39). Thus Pritz teaches plural components wherein a given member of the plural components varies in density relative to one or more of the other components thereof.
It 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 to have modified the modified Glover such that its third members have a density higher than or equal to that of the inserted members in order to yield the predictable result of a helmet whose third members provide greater impact protection than its inserted members.
Regarding claim 10:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
Glover does not expressly disclose wherein the third members have a density lower than or equal to that of the fourth members, and the inserted members have a density lower than that of the fourth members.
However, Pritz teaches a helmet wherein “the use of multiple pieces for the locking liner 60...can also allow for the...liner 60 to include foam or energy management materials of multiple densities...a segment of the locking liner 60 can comprise a first...lamina, or strata of a first density...and a second...layer, lamina, or strata of a second density...The first layer can have a density that is greater than or less than a density of the second layer. Alternatively, different individual pieces or segments of the locking liner 60 can comprise a single density that is different from other individual pieces to form an alternative embodiment of a multi-density liner” (para 39). Thus Pritz teaches plural components wherein a given member of the plural components varies in density relative to one or more of the other components thereof.
It 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 to have modified the modified Glover such that its third members have a density lower than or equal to that of the fourth members, and the inserted members have a density lower than that of the fourth members in order to yield the predictable result of a helmet whose fourth members provide greater than or equal impact protection than its third members and inserted members.
Regarding claim 11:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
Glover does not expressly disclose wherein among the total of nine components: the fifth member has a density higher than or equal to that of the fourth members, and the density of the fifth member is highest.
However, Pritz teaches a helmet wherein “the use of multiple pieces for the locking liner 60...can also allow for the...liner 60 to include foam or energy management materials of multiple densities...a segment of the locking liner 60 can comprise a first...lamina, or strata of a first density...and a second...layer, lamina, or strata of a second density...The first layer can have a density that is greater than or less than a density of the second layer. Alternatively, different individual pieces or segments of the locking liner 60 can comprise a single density that is different from other individual pieces to form an alternative embodiment of a multi-density liner” (para 39). Thus Pritz teaches plural components wherein a given member of the plural components varies in density relative to one or more of the other components thereof.
It 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 to have modified the modified Glover such that its fifth member has a density higher than or equal to that of the fourth members, and the density of the fifth member is highest in order to yield the predictable result of a helmet whose fifth member provides greater impact protection than the other members of the helmet.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Glover, US 2020/0060374], [Takahashi, US 2004/0025229], and [Ross, US 2015/0026858] as applied to claim 6 above, and further in view of [Wesson, US 2013/0276214, newly cited].
Regarding claim 14:
Glover in view of Takahashi and Ross teaches The helmet according to claim 6, as set forth above.
Glover does not expressly disclose wherein at least one of the first member, the second member, the third members the fourth members the fifth member, and the inserted members includes a blind hole.
However, Wesson teaches a “padding assembly 16” for a helmet (Title) wherein a first member 58 includes a blind hole (“through hole[], blind hole[]”; para 33) formed by “the structure of the inner layer 58...structurally altered by removing material from” the first member so as to “to improve the energy absorption and impact attenuation properties of the inner layer 58 at relatively cold temperatures” (para 33) further wherein the blind hole includes a hole extending through the first member (Fig. 6), the hole including a first end in an outer surface of the first member (Fig. 6) and a second end in a first abutting surface of the first member (Fig. 6), the first abutting surface abutting a second abutting surface of a second member 62; and a closing portion included in the second abutting surface and closing the second end of the hole (Fig. 6) wherein the hole is included in the first member and the closing portion is included in the second member (Fig. 6).
It 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 to have modified the modified Glover such that the first member includes a blind hole; the blind hole includes a hole extending through the first member; the hole including a first end in an outer surface of the first member and a second end in a first abutting surface of the first member, the first abutting surface abutting a second abutting surface of the second member; and a closing portion included in the second abutting surface and closing the second end of the hole; wherein the hole is included in the first member and the closing portion is included in the second member in order to improve the energy absorption and impact attenuation properties of the first member at relatively cold temperatures, as suggested by Wesson (para 33).
Regarding claim 15:
Glover in view of Takahashi, Ross, and Wesson teaches The helmet according to claim 14, as set forth above.
The modified Glover further meets the limitation a hole extending through one member selected from the group of components consisting of the first member, the second member, the third members, the fourth members, the fifth member, and the inserted member, the hole including a first end in an outer surface of the one member and a second end in a first abutting surface of the one member, the first abutting surface abutting a second abutting surface of another member selected from the group of components to abut the one member; and a closing portion included in the second abutting surface and closing the second end of the hole (see above treatment of claim 14 where the limitation is addressed).
Regarding claim 16:
Glover in view of Takahashi, Ross, and Wesson teaches The helmet according to claim 15, as set forth above.
The modified Glover further meets the limitation wherein the hole is included in the first member and the closing portion is included in the second member (see above treatment of claim 14 where the limitation is addressed).
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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