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 .
Response to Amendment
The amendment filed 2/17/26 has been entered. Claims 1-31 remain pending in the application, with Claims 26, 28-31 remaining withdrawn. Applicant’s amendments to the (Specification, Drawings, and Claims) have not overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 4/24/25.
Priority
It is unclear why the instant application is considered a continuation-in-part of the PCT, and not a continuation. Review and/or clarification is requested. In other words, this application discloses and claims only subject matter disclosed in the PCT and names the inventor or at least one joint inventor named in the prior application.
Drawings
The drawings are objected to for the following:
Figs. 3G, 3H should be resubmitted for lack of line clarity; see original Figs. 3G, 3H for comparison
Replacement drawings of 2/17/26 are recommended for review, as the sizing has shrunk considerably from the original Figures
Fig. 10 element “915” should read “1015”
Fig. 10 element 510 should read “1105”
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 2/17/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The explanation for the abbreviation in [0046] submitted 2/17/26 is considered new matter as no support has been indicated
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claim(s) 4, 8, 19 is/are objected to because of the following informalities:
There are multiple instances of improper amendment annotations in the claims; as a courtesy, the claims are being examined on their merits; however, future issues may warrant a notice of non-compliance; any objections/rejections that are not indicated herein but are from improper annotations will not be considered new objections/rejections
Claim 4 Line 3 already previously read “wherein the bottom surface is at least 4 square inches.”; as such, it is unclear why there are annotations “the bottom surface area is at least 4 square inches.”
Claim 8 previously had the term “spacers” after “the plurality of”
Claim 19 Line 4 has added the term “IO” before “distributed” without annotations
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim(s) 4, 7, 16, 19 is/are rejected under U.S.C. 112(b).
The term “plurality of spacers comprises…bottom surface area at a proximal end” in Claim 4 Lines 1-2 is unclear and therefore renders the claim indefinite. It is unclear whether the bottom surface area and a proximal end are both of the spacer, or whether the proximal end is of the bottom surface area.
The term “plurality of spacers comprises…bottom surface area at a proximal end to the outer surface of the base garment” in Claim 4 Line 2 is unclear and therefore renders the claim indefinite. It is unclear whether the recitation means that the spacers have a bottom surface area at their proximal end, such that the bottom surface area at the proximal end of each spacer is facing the outer surface of the base garment.
Claim 7 recites the limitation "the wearer" in Line 3. There is insufficient antecedent basis for this limitation in the claim. Examiner notes that “living body” was recited in Claim 1, but also has antecedent basis issues as aforementioned.
Claim 16 is similarly rejected for reasons indicated for Claim 4.
The term “IO” in Claim 19 Line 4 is unclear and therefore renders the claim indefinite. It is unclear what the term is meant to represent, or if it is a typographical error. For the purposes of applying art and providing rejections, the term will be considered an inadvertent typographical error and interpreted as not being in the claim.
Dependent claims are rejected at the least for depending on rejected claims.
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.
(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.
FIRST REJECTION: Claim(s) 1, 5-9, 11, 13, 17-21, 23, 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barnhart II (USPN 10274289), herein Barnhart.
Regarding Claim 1, Barnhart teaches a protective suit (see Fig. 4; Col. 2 Lines 59-61 "Fig. 4…body armor ventilation system in place on a protective vest during wear"), comprising:
a base garment (Col. 3 Line 28 “armor carrier 2”);
four spacers releasably coupled to an outer surface of the base garment (for spacers—see Fig. 1 for four of projections 1; Col. 3 Lines 27-29 "projections 1 located between a body armor carrier 2 and a wearer's body 3"; Col. 3 Lines 29-32 "plate 4…for retrofitting an existing carrier 2 or may be integrated into the carrier 2, as shown in Figs. 9 and 10"; Col. 3 Lines 35-36 "projections 1 may also provide increased protection from blunt force trauma"; for releasably coupled-- see Figs. 1, 2; Col. 4 Lines 27-28 "back 8 of the plate 4 may have one or more attachment devices 9 for attaching the plate 4 to the carrier 2"; Col. 4 Lines 30-34 "One or more areas 10 of either hook or loop material may be located on the back 8 of the plate 4, and one or more corresponding areas 11 of either loop or hook material, the opposite of areas 10, may be located on the inside face of the carrier 2"; wherein spacers 1 are releasably coupled to base garment/carrier 2 via plate 4); and
a protective armor comprising an armor plate (4) covering at least part of the base garment (Col. 3 Line 29 "plate 4"; see Figs. 1, 2 where 4 would cover at least part of 2; Barnhart teaches the plate which meets the structural limitations in the claims and performs the functions as recited such as being capable of being armor and protective), wherein:
at least some of the four spacers are adjustably positioned to suspend a region of the armor plate at four or more points around a periphery of the region (see Figs. 1, 2; Col. 4 Lines 27-28 "back 8 of the plate 4 may have one or more attachment devices 9 for attaching the plate 4 to the carrier 2"; Col. 4 Lines 30-34 "One or more areas 10 of either hook or loop material may be located on the back 8 of the plate 4, and one or more corresponding areas 11 of either loop or hook material, the opposite of areas 10, may be located on the inside face of the carrier 2"; Fig. 2 clearly shows four or more points and is hook-and-loop, so at least some of the four spacers of plate 4 are adjustably positioned),
wherein the suspended region comprises at least 50% of an area of an inner surface of the armor plate, and the suspended region is configured to be separated from a living body a continuous air gap (see Fig. 4; the hook-and-loop corresponds to less than 50% of armor plate 4, therefore the suspended region recitation is met; Barnhart teaches projections which meets the structural limitations in the claims and performs the functions as recited such as being capable of creating an continuous air gap as recited, especially in light of Col. 3 Lines 35-36) such that,
upon impact by a projectile colliding with the armor plate, impact power transferred from the projectile is redistributed across the suspended region of the armor plate before being transmitted to the living body via the four spacers supporting the armor plate (Barnhart teaches the suspended region comprises at least 50% of an area of an inner surface of the armor plate and the projections as aforementioned which meets the structural limitations in the claims and performs the functions as recited such as being capable of transferring impact power between projectile and armor plate to be redistributed across the suspended region before being transmitted to the living body via the spacers; wherein the four spacers support the armor plate away from the living body as indicated by the air gap).
Regarding Claim 5, Barnhart further teaches the protective suit of claim 1, wherein each of the four spacers comprises a cone shape (see Fig. 1).
Regarding Claim 6, Barnhart further teaches the protective suit of claim 1, wherein each of the four spacers comprises protrusions extending orthogonal to a base of the spacer (see Fig. 1), each protrusion is configured such that,
when the projectile impacts the armor plate such that an impact force is exerted at the spacers supporting the armor plate under impact, a stiffness of the spacers in a direction orthogonal to the inner surface of the armor plate progressively increases as the protrusions are compressed (Barnhart teaches orthogonal extensions from a base of the spacer which meets the structural limitations in the claims and performs the functions as recited such as being capable of progressively increasing stiffness of spacers as protrusions are compressed when an impact force acts on the spacers based on a projectile impacting the armor plate).
Regarding Claim 7, Barnhart further teaches the protective suit of claim 6, wherein the four spacers comprises a smooth surface against the outer surface of the base garment, wherein, at impact, an impact energy transferred to the wearer is distributed among an entire surface of the smooth surface (as best understood in light of the 112(b) rejections--see Fig. 1 for smooth surface; Barnhart teaches the smooth surface which meets the structural limitations in the claims and performs the functions as recited such as being capable of the smooth surface not deforming such that impact energy at impact transferred to the wearer is distributed among the entire surface of the smooth surface).
Regarding Claim 8, Barnhart further teaches the protective suit of claim 1, wherein the four spacers comprises concentric rings of protrusions separated by concentric channels (see annotated Fig. 1 below for clarification, where two of the four spacers form the outer ring, and the other two of the four spacers form the inner ring),
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wherein the channels are in fluid communication by openings in the concentric rings of protrusions (see Fig. 1; Barnhart teaches the opening channels and concentric rings of protrusions which meets the structural limitations in the claims and performs the functions as recited such as the recited elements being capable of being in fluid communication).
Regarding Claim 9, Barnhart further teaches the protective suit of claim 1, wherein the four spacers supporting the armor plate is configured to deflect, upon receiving kinetic energy transferred from the impact at the armor plate, against the back of the armor plate such that motion of the plate relative to the living body is reduced (Col. 5 Lines 10-11 "projections 1 may be made of rubber, foam rubber, foam, plastic, nylon, silicone"; Barnhart teaches the spacers supporting the armor plate which meets the structural limitations in the claims and performs the functions as recited such as being capable of deflecting as recited, especially in light of Newton’s Third Law of Motion wherein there is an equal and opposite reaction for every action and/or in light of the materials recited, wherein silicone is indicated as material that meets this recitation, see applicant specification [0054]).
Regarding Claim 11, Barnhart further teaches the protective suit of claim 1, wherein the four spacers comprises silicone (Col. 5 Lines 10-11 "projections 1 may be made of rubber, foam rubber, foam, plastic, nylon, silicone, or any other material desired").
Regarding Claim 13, Barnhart teaches a functional garment (see Fig. 4; Col. 2 Lines 59-61 "Fig. 4…body armor ventilation system in place on a protective vest during wear", specifically, Col. 3 Line 28 "armor carrier 2") comprising:
four spacers releasably coupled to an outer surface of the functional garment (for spacers—see Fig. 1 for four spacers; Col. 3 Lines 27-29 "projections 1 located between a body armor carrier 2 and a wearer's body 3"; Col. 3 Lines 29-32 "plate 4…for retrofitting an existing carrier 2 or may be integrated into the carrier 2, as shown in Figs. 9 and 10"; Col. 3 Lines 35-36 "projections 1 may also provide increased protection from blunt force trauma"; for releasably coupled-- see Figs. 1, 2; Col. 4 Lines 27-28 "back 8 of the plate 4 may have one or more attachment devices 9 for attaching the plate 4 to the carrier 2"; Col. 4 Lines 30-34 "One or more areas 10 of either hook or loop material may be located on the back 8 of the plate 4, and one or more corresponding areas 11 of either loop or hook material, the opposite of areas 10, may be located on the inside face of the carrier 2"; wherein spacers 1 are releasably coupled to functional garment/carrier 2 via plate 4),
wherein at least some of the four spacers are adjustably positioned to suspend a region of an armor plate by at least four points around a periphery of the suspended region (for plate-- Col. 3 Line 29 "plate 4”; Barnhart teaches the plate which meets the structural limitations in the claims and performs the functions as recited such as being capable of being armor; for spacers adjustably positioned to suspend-- see Figs. 1, 2; Col. 4 Lines 27-28 "back 8 of the plate 4 may have one or more attachment devices 9 for attaching the plate 4 to the carrier 2"; Col. 4 Lines 30-34 "One or more areas 10 of either hook or loop material may be located on the back 8 of the plate 4, and one or more corresponding areas 11 of either loop or hook material, the opposite of areas 10, may be located on the inside face of the carrier 2"; Fig. 2 clearly shows four or more points and is hook and loop, so the four spacers of plate 4 are adjustably positioned), such that:
an inner surface of the armor plate covers at least part of the outer surface of the functional garment (see Figs. 1, 2 where 4 would cover at least part of 2),
wherein the suspended region comprises at least 50% of an area of the inner surface of the armor plate and the suspended region is configured to be separated from a living body of a wearer by an air gap (see Fig. 4; the hook-and-loop corresponds to less than 50% of armor plate 4, therefore the suspended region recitation is met; Barnhart teaches projections which meets the structural limitations in the claims and performs the functions as recited such as being capable of creating an continuous air gap as recited, especially in light of Col. 3 Lines 35-36) such that,
upon impact by a projectile colliding with the armor plate, impact power transferred from the projectile is redistributed across the suspended region of the armor plate before being transmitted to the living body via the four spacers supporting the armor plate (Barnhart teaches the suspended region comprises at least 50% of an area of an inner surface of the armor plate and the projections as aforementioned which meets the structural limitations in the claims and performs the functions as recited such as being capable of transferring impact power between projectile and armor plate to be redistributed across the suspended region before being transmitted to the living body via the spacers; wherein spacers support the armor plate away from the living body as indicated by the air gap).
Regarding Claim 17, Barnhart further teaches the functional garment of Claim 13.
The body of Claim 17 is the same as the body of Claim 5. As such, see the aforementioned rejection of the body of Claim 5 for the rejection of the body of Claim 17.
Regarding Claim 18, Barnhart further teaches the functional garment of Claim 13.
The body of Claim 18 is the same as the body of Claim 6. As such, see the aforementioned rejection of the body of Claim 6 for the rejection of the body of Claim 18.
Regarding Claim 19, Barnhart further teaches the functional garment of claim 18, wherein each of the four spacers comprises a smooth surface against the outer surface of the functional garment, wherein, at impact, an impact energy transferred to the living body is distributed among an entire surface of the smooth surface (as best understood in light of the 112(b) rejections—for smooth surface, see Fig. 1; Barnhart teaches orthogonal extensions from a base of the spacer which meets the structural limitations in the claims and performs the functions as recited such as being capable of progressively increasing stiffness of spacers as protrusions are compressed when an impact force acts on the spacers based on a projectile impacting the armor plate).
Regarding Claim 20, Barnhart further teaches the functional garment of Claim 13.
The body of Claim 20 is the same as the body of Claim 8. As such, see the aforementioned rejection of the body of Claim 8 for the rejection of the body of Claim 20.
Regarding Claim 21, Barnhart further teaches the functional garment of Claim 13.
The body of Claim 21 is the same as the body of Claim 9. As such, see the aforementioned rejection of the body of Claim 9 for the rejection of the body of Claim 21.
Regarding Claim 23, Barnhart further teaches the functional garment of Claim 13.
The body of Claim 23 is the same as the body of Claim 11. As such, see the aforementioned rejection of the body of Claim 11 for the rejection of the body of Claim 23.
Regarding Claim 27, Barnhart further teaches the functional garment of Claim 13, wherein the at least four points of contact comprise four distinct points of contact (see Figs. 1, 2 for four distinct hook-and-loop fasteners and four distinct sections of projections, both at the periphery).
SECOND REJECTION: Claim(s) 1, 13, 25, 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crye et al (USPN 6892392), herein Crye.
Regarding Claim 1, Crye teaches a protective suit (see Fig. 1; Col. 2 Line 41 "body armor 20"; Crye teaches the armor which meets the structural limitations in the claims and performs the functions as recited such as being capable of being protective), comprising:
a base garment (see Fig. 1; Col. 2 Lines 42-43 "soft armor vest 22");
four spacers releasably coupled to an outer surface of the base garment (see Fig. 3 for four pads 32; Col. 2 Line 49 "pads 32"; see Fig. 1; Col. 2 Lines 49-51 "system of pads 32 spaces the vest 22 from the wearer 34, as shown in FIG. 2, such that a plurality of air channels 36 are defined between [the] wearer and the soft armor"; for releasably coupled --Col. 3 Lines 47-51 "The pad system 32 for each vest section 24, 25 is comprised of multiple repositionable pads provided with fastening means for adjustable positioning on the interior surface of the vest sections. Preferably, each pad is provided with one part of a hook and loop fastener system"); and
a protective armor comprising an armor plate covering at least part of the base garment (see Fig. 1; at least one of Col. 4 Line 8 "rigid armor plates 26, 28, 30"), wherein:
at least some of the four spacers are adjustably positioned to suspend a region of the armor plate at four or more points around a periphery of the region (see Fig. 1 for four or more points around periphery, especially in light of Col. 3 Line 47 “pad system 32 for each vest section 24, 25”; Col. 3 Lines 53-59 “pad system 32 may include…pad 60…62…65…66…68…70”; Col. 3 Lines 60-62, Col. 4 Lines 7-8 "pads …serve several purposes…spacing the rigid armor plates 26,28, 30 from the wearer's body", wherein the previous hook and loop teaches adjustably positioned),
wherein the suspended region comprises at least 50% of an area of an inner surface of the armor plate, and the suspended region is configured to be separated from a living body a continuous air gap (see Fig. 1; Col. 4 Lines 1-2 "pads cover less than 75 percent of the interior surface of the vest", which indicates spacing at at least 50% of at least plate 28; for air gap-- Col. 2 Lines 49-51) such that,
upon impact by a projectile colliding with the armor plate, impact power transferred from the projectile is redistributed across the suspended region of the armor plate before being transmitted to the living body via the four spacers supporting the armor plate (Crye teaches the suspended region comprises at least 50% of an area of an inner surface of the armor plate and the projections as aforementioned which meets the structural limitations in the claims and performs the functions as recited such as being capable of transferring impact power between projectile and armor plate to be redistributed across the suspended region before being transmitted to the living body via the spacers; wherein four spacers support the armor plate away from the living body as indicated by the air gap).
Regarding Claim 13, Crye teaches a functional garment (see Fig. 1; Col. 2 Line 41 "body armor 20", specifically Col. 2 Lines 42-43 "soft armor vest 22") comprising:
four spacers releasably coupled to an outer surface of a functional garment (see Fig. 3 for four spacers 32; Col. 2 Line 49 "pads 32"; see Fig. 1; Col. 2 Lines 49-51 "system of pads 32 spaces the vest 22 from the wearer 34, as shown in FIG. 2, such that a plurality of air channels 36 are defined between [the] wearer and the soft armor"; for releasably coupled --Col. 3 Lines 47-51 "The pad system 32 for each vest section 24, 25 is comprised of multiple repositionable pads provided with fastening means for adjustable positioning on the interior surface of the vest sections. Preferably, each pad is provided with one part of a hook and loop fastener system"),
wherein at least some of the four spacers are adjustably positioned to suspend a region of an armor plate by at least four points around a periphery of the suspended region (for armor plate—at least one of Col. 4 Line 8 "rigid armor plates 26, 28, 30"; see Fig. 1 for four or more points around periphery, especially in light of Col. 3 Line 47 “pad system 32 for each vest section 24, 25”; Col. 3 Lines 53-59 “pad system 32 may include…pad 60…62…65…66…68…70”; Col. 3 Lines 60-62, Col. 4 Lines 7-8 "pads …serve several purposes…spacing the rigid armor plates 26,28, 30 from the wearer's body", wherein the previous hook and loop teaches adjustably positioned), such that:
an inner surface of the armor plate covers at least part of the outer surface of the functional garment (see Fig. 1),
wherein the suspended region comprises at least 50% of an area of the inner surface of the armor plate and the suspended region is configured to be separated from a living body of a wearer by an air gap (see Fig. 1; Col. 4 Lines 1-2 "pads cover less than 75 percent of the interior surface of the vest", which indicates spacing at at least 50% of at least plate 28; for air gap-- Col. 2 Lines 49-51) such that,
upon impact by a projectile colliding with the armor plate, impact power transferred from the projectile is redistributed across the suspended region of the armor plate before being transmitted to the living body via the four spacers supporting the armor plate (Crye teaches the suspended region comprises at least 50% of an area of an inner surface of the armor plate and the projections as aforementioned which meets the structural limitations in the claims and performs the functions as recited such as being capable of transferring impact power between projectile and armor plate to be redistributed across the suspended region before being transmitted to the living body via the spacers; wherein four spacers support the armor plate away from the living body as indicated by the air gap).
Regarding Claim 25, Crye further teaches the functional garment of Claim 13, wherein the four spacers comprises four spacer materials (Col. 3 Lines 35-46 "each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. The foam block may be…EDA foam, or alternatively, expanded polyethylene foam….the open mesh fabric may be a 3D spacer fabric, or alternatively, a closed smooth surface nylon or cotton or a wicking material, such as duPont COOLMAX material, or a low friction nylon material...alternatively, the foam blocks may be enclosed leather", wherein each spacer is the pad material and enclosure material, and therefore a plurality of materials).
Regarding Claim 27, Crye further teaches the functional garment of Claim 13, wherein the at least four points of contact comprise four distinct points of contact (see Fig. 1 and the rejection of Claim 13, which already established at least four pads around the periphery and therefore four distinct points for plate of 26+28, if not plate 30 alone; Col. 3 Lines 46-59).
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.
Claim(s) 10, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnhart II (USPN 1274289), herein Barnhart, as applied to the FIRST REJECTION above, in view of Kuo (US Publication 2016/0187102) and Plasper (NPL).
Regarding Claim 10, Barnhart teaches all the claimed limitations as discussed above in Claim 1.
Barnhart does not explicitly teach wherein the four spacers comprises recycled plasticized polyvinyl chloride,
and a durometer of the four spacers between Shore A 45 to Shore A 60.
However, Barnhart does teach the four spacers can be plastic (Col. 5 Lines 10-11 "projections 1 may be made of rubber, foam rubber, foam, plastic, nylon, silicone, or any other material desired").
Kuo teaches wherein spacers comprise plasticized polyvinyl chloride (see Figs. 4-6, wherein recitations for Figs. 1-3 apply as well based on [0024]; [0014] "inflatable buffering cushion 2 and a fastening unit 3"; [0015] "inflatable buffering cushion 2…includes...a plurality of spaced-apart connecting members 23 disposed between and interconnecting ... the first cushion layer 21 and...the second cushion layer 22"; [0016] "The first cushion layer 21, the second cushion layer 22 and the connecting members 23 cooperatively define a buffering space 24 for receiving high-pressure air"; for releasably coupled-- see Fig. 4 embodiment where 23 (via layer 2) is removably connected to layer 1 ; [0024] "Referring to FIGS. 4 and 5, the second embodiment of the bullet-proof clothing according to this disclosure is shown to be generally identical to the first embodiment, and only differs in that the fastening unit 3 of the second embodiment removably fastens the buffering cushion 2 to the inner side of the clothing body 1"; [0017] "connecting members 23 is selected from the group consisting of…TPU….PP,…PVC…PE…PET…which has resiliency ,elasticity, and air impermeability"; [0016] "The first cushion layer 21, the second cushion layer 22 and the connecting members 23 cooperatively define a buffering space 24 for receiving high-pressure air" for plasticized -- [0017] "connecting members 23 may be manufactured using...molding", see extrinsic evidence Oxford NPL).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barnhart’s projection material with the plasticized polyvinyl chloride of Kuo to provide the desired resiliency and/or elasticity ([0017]).
Plasper teaches wherein recycled polyvinyl chloride has durometer between Shore A 45 to Shore A 60 ("Flexible Recycled PVC Compounds….Eco Grade PVC Compounds are in pellets form, which range shore A from Shore A50 to ShoreA 95").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barnhart’s polyvinyl chloride, provided by Kuo, to be recycled and of the Shore A taught by Plasper, to be environmentally friendly, and depending on cost and what’s available (see NPL).
Regarding Claim 22, Barnhart teaches all the claimed limitations as discussed above in Claim 13.
The body of Claim 22 is the same as the body of Claim 10. As such, see the aforementioned rejection of the body of Claim 10 for the rejection of the body of Claim 22.
Claim(s) 12, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnhart II (USPN 1274289), herein Barnhart, as applied to the FIRST REJECTION above, in view of Kuo (US Publication 2016/0187102).
Regarding Claim 12, Barnhart teaches all the claimed limitations as discussed above in Claim 1.
Barnhart does not explicitly teach wherein the four spacers comprises polyurethane.
However, However, Barnhart does teach the four spacers can be other plastics (Col. 5 Lines 10-11 "projections 1 may be made of rubber, foam rubber, foam, plastic, nylon, silicone, or any other material desired").
Kuo teaches wherein spacers comprises polyurethane (see Figs. 4-6, wherein recitations for Figs. 1-3 apply as well based on [0024]; [0014] "inflatable buffering cushion 2 and a fastening unit 3"; [0015] "inflatable buffering cushion 2…includes...a plurality of spaced-apart connecting members 23 disposed between and interconnecting ... the first cushion layer 21 and...the second cushion layer 22"; [0016] "The first cushion layer 21, the second cushion layer 22 and the connecting members 23 cooperatively define a buffering space 24 for receiving high-pressure air"; for releasably coupled-- see Fig. 4 embodiment where 23 (via layer 2) is removably connected to layer 1 ; [0024] "Referring to FIGS. 4 and 5, the second embodiment of the bullet-proof clothing according to this disclosure is shown to be generally identical to the first embodiment, and only differs in that the fastening unit 3 of the second embodiment removably fastens the buffering cushion 2 to the inner side of the clothing body 1"; [0017] "connecting members 23 is selected from the group consisting of…TPU….PP,…PVC…PE…PET…which has resiliency ,elasticity, and air impermeability"; [0016] "The first cushion layer 21, the second cushion layer 22 and the connecting members 23 cooperatively define a buffering space 24 for receiving high-pressure air").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Barnhart’s projection material with the polyurethane of Kuo to provide the desired resiliency and/or elasticity ([0017]).
Regarding Claim 24, Barnhart teaches all the claimed limitations as discussed above in Claim 13.
The body of Claim 24 is the same as the body of Claim 12. As such, see the aforementioned rejection of the body of Claim 12 for the rejection of the body of Claim 24.
Claim(s) 4, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crye et al (USPN 6892392), herein Crye, as applied to the SECOND REJECTION above, in view of Carton et al (USPN 9255772), herein Carton.
Regarding Claim 4, Crye teaches all the claimed limitations as discussed above in Claim 1.
Crye further teaches wherein each of the four spacers comprises a bottom surface area at a proximal end to the outer surface of the base garment (as best understood in light of the 112(b) rejections—see Figs. 1, 3 wherein the width dimension of the spacer is greater than the thickness dimension of the spacer, and therefore wider, wherein this bottom surface is at a proximal end of the spacer facing the outer surface).
Crye does not explicitly teach wherein the bottom surface area is at least 4 square inches.
Carton teaches wherein the surface of a protective element is at least 4 square inches (abstract "protective armour element"; Col. 3 Lines 61-67 "preferred that the size of the armour element is larger than the projectile against which the armour is supposed to provide protection. Hence, the armour element can have an equivalent circular diameter (defined as the diameter of a circle that has the same area as the armour element) ranging from 1-100 cm, preferably 1-50 cm, such as 2-40 cm, 2-25 cm, or 3-10 cm”, wherein the diameter of 1 cm to 100 cm is 0.12174 to 1217 square inches).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Crye’s pad (and therefore bottom surface area) to be at least 4 square inches as taught by Carton in order to ensure that the plate is large enough for projectiles (Col. 3 Lines 61-67).
Regarding Claim 16, Crye teaches all the claimed limitations as discussed above in Claim 13.
Crye further teaches wherein each of the four spacers comprises a bottom surface area at a proximal end to the outer surface of the functional garment (as best understood in light of the 112(b) rejections—see Figs. 1, 3 wherein the width dimension of the spacer is greater than the thickness dimension of the spacer, and therefore wider, wherein this bottom surface is at a proximal end of the spacer facing the outer surface).
Crye does not explicitly teach wherein the bottom surface area is at least 4 square inches.
Carton teaches wherein the surface of a protective element is at least 4 square inches (abstract "protective armour element"; Col. 3 Lines 61-67 "preferred that the size of the armour element is larger than the projectile against which the armour is supposed to provide protection. Hence, the armour element can have an equivalent circular diameter (defined as the diameter of a circle that has the same area as the armour element) ranging from 1-100 cm, preferably 1-50 cm, such as 2-40 cm, 2-25 cm, or 3-10 cm”, wherein the diameter of 1 cm to 100 cm is 0.12174 to 1217 square inches).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Crye’s pad (and therefore bottom surface area) to be at least 4 square inches as taught by Carton in order to ensure that the plate is large enough for projectiles (Col. 3 Lines 61-67).
Examiner Notes
Claim(s) 2, 3, 14, 15, as best understood from the disclosure, is/are free of U.S.C. 102/103 rejections, but is/are currently questioned under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claim(s) 2, 3, 14, 15 is/are objected to as being dependent upon a rejected base claim, but may be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 2, none of the prior art of record discloses a protective suit with a fastener strip coupled to the outer surface of a base garment, wherein each of four spacers comprise at least two apertures configured to be adjustably and releasably coupled to the fastener strip, in conjunction with the other structural limitations, as set forth in the claim. The use of spacers in protective suits is known in the art of apparel, but the specific combination of the spacers with apertures to be adjustable and releasably coupled to a fastener strip on the suit as claimed by the applicant is novel. Specifically, prior art Barnhart discloses a suit with four spacer projections as recited in the application. Prior art Crye also discloses a suit with four spacer pads. However, none of the prior art discloses, teaches, or suggests that the suit also has a fastener strip that couples to the spacer pads, adjustably and releasably, using apertures on the spacers. To modify Crye or Barnhart merely to be as recited in the current application would be impermissible hindsight reconstruction of the applicant’s invention without any disclosure, teaching, or suggestion from the prior art of record, as is presently the case.
Regarding Claim 3—Claim 3 is allowable at least for depending on Claim 2.
Regarding Claim 14—Claim 14 is considered allowable for reasons similar to Claim 2.
Regarding Claim 15—Claim 15 is allowable at least for depending on Claim 14.
Response to Arguments
Applicant’s arguments with respect to claims 1-31 have been considered but are moot because of the new grounds of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations. For clarification—the claims are comprising claims, and therefore inasmuch as there are at least four spacers, the claim is met.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/GRACE HUANG/Primary Examiner, Art Unit 3732
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