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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/16/2026 has been entered.
Claims 12-13, 17 are withdrawn. Claims 18-20 are cancelled. Claims 1-11, and 14-16 have been examined on the merits.
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)(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.
Claim(s) 1-3 and 8-10 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Aurum (US 2010/0306898). The device of Aurum teaches,
With respect to claim 1, A protective sports equipment for protecting a body part of a wearer (106), comprising: an inner layer (inner portion of 104); and a suspended panel (108b)located inwardly of the inner layer (Figure 1b) and connected thereto at first and second locations (left and right sides, 105a, 105b) , the suspended panel being tensioned and defining a space with the inner layer (Figure 1b, para 0023-0024), the space being located between the first and second locations and between the suspended panel and the inner layer (Figure 1b), the suspension panel having a tension configured to define a flow passage for air in the space between the suspended panel and the inner layer when the wearer is wearing the protective sports equipment (Figure 1b) It is noted that the language “configured to define a flow passage for air in the space” is a functional recitation. The prior art teaches a flexible band extended at its full length and attached at each end creating tension, and allowing a space between the upper end of the band and the inner layer of the protection device, allowing space and air to travel, meeting the claim language as currently presented;, a length of the suspended panel (between horizontal ends) being less than a distance between the first and second locations (at 105a, 106b) The length along a surface of the inner layer to create the tension (Figure 1b).
With respect to claim 2, further comprising a first portion (104 top area) adapted to cover a joint of the body part of the wearer (the upper portion of 104, covers the sagittal suture), and a second portion extending away from the first portion (lower portion of 104), the suspended panel being located in the second portion (Figure 1b).
With respect to claim 3, wherein the suspended panel is further connected to the inner layer at a third location (108a) located between the first location and the second location (Figure 1b).
With respect to claim 8, wherein the suspended panel is connected to the inner layer on a majority of a perimeter of the suspended panel (Figure 1a).
With respect to claim 9, wherein the suspended panel extends over a majority of the inner layer along at least a horizontal axis (Figure 1a, 1b).
With respect to claim 10, further comprising an outer shell (outer layer 104) defining at least one opening (103), the inner layer being connected to and disposed inwardly from the outer shell (Figure 1a, 1b), and the at least one opening of the outer shell being in fluid communication with the space to provide airflow into the space (Figure 1a, 1b).
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) 4-6is/are rejected under 35 U.S.C. 103 as being unpatentable over Aurum in view of Burkhardt (US 2023/0189910). The device of Aumur substantially discloses the claimed invention including an elastic suspended panel, but is lacking a greater stretch in one direction.
The device of Burkhardt et al.
With respect to claim 4, wherein the suspended panel extends (310) between a first end of the protective sports equipment and a second end (left and right sides) of the protective sports equipment, the suspended panel being deformable by a first amount in a first direction defined generally between the first end and the second end of the protective sports equipment (para 0058), and is further deformable by a second amount in a second direction generally transverse to the first direction (para 0058) the first amount being greater than the second amount (para 0058). It would have been obvious to a person having ordinary skill at the time the invention was effectively filed to utilize the material taught by Burkhardt in order to provide improved fit and recovery for sustained use over time.
With respect to claim 5, wherein one of the first end and the second end of the protective sports equipment corresponds to one of the first and second locations where the suspended panel is connected to the inner layer (Aurum, Figure 1a, 1b).
With respect to claim 6, wherein the suspended panel is shorter than the inner layer in at least one of the first and second directions (Figures 1a, 1b).
Allowable Subject Matter
Claims 7, 11, 14, 15 and 16 are is 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732
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