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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/01/2025 and 03/11/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being 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)(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.
Claims 24-29, 31-41 and 43-46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muthu (WO 2021080838 A1).
Regarding claim 24, Muthu discloses a shock absorbing device comprising: a first collapsible chamber (38 and 96 in fig. 1B) having a first reservoir space (38), a first wall (84) configured to receive an impact force, and a first ejection orifice (80, 89) configured to eject a first fluid from the first reservoir space (38), wherein the first reservoir space is enclosed by an impermeable layer (50; note the side wall being impermeable layer as shown in figs. 2A-2B) configured to contain the first fluid within the reservoir space.
Re-claim 25, Muthu discloses the first reservoir space (38) is enclosed by a non-distensible layer (note at least the bottom wall 18 as shown in figs. 2A-2B being rigid or non-distensible).
Re-claim 26, Muthu discloses a second collapsible chamber having a second reservoir space and a second wall configured to receive at least a portion of the impact force (note the multiple collapsible chambers connected together, each configured to receive a portion of the impact force as shown in fig. 5B).
Re-claim 27, Muthu discloses an orifice (116) in communication with the first ejection orifice and the second reservoir space.
Re-claim 28, Muthu discloses an interfacing collapsible chamber (22 in figs. 2A-2B) between the first collapsible chamber and the second collapsible chamber.
Re-claim 29, Muthu discloses the first collapsible chamber and the second collapsible chamber are substantially non-distensible (note the each collapsible chamber comprising distensible portions or horizontal walls and non-distensible or side walls as shown in figs. 2A-2B, wherein a plurality of chambers are connected together, each configured to receive a portion of the impact force as shown in fig. 5B).
Re-claim 31, Muthu discloses the first collapsible chamber (38 and 96 in fig. 1B) is enclosed within a surrounding enclosure (note first cell and second cell bodies may be configured to be positioned within the cavity of the helmet or protective article between the external shell and the head or body part of a user as stated in [0006]).
Re-claim 32, Muthu discloses a second ejection orifice in communication with the second reservoir space and configured to eject a second fluid from the second reservoir space in reaction to said received portion of the impact force (note the multiple collapsible chambers connected each other via a plurality of fluid lines or orifices as shown in fig. 5B; also note the passage 116 of one channel 108 may be connected with at least one other passage 116 of the one or more channels to allow material (e.g., gas or liquid) to move between a group (e.g., three or more) of elements of the impact attenuating elements 14a as stated in [0069]).
Re-claim 33, Muthu discloses a distensible container (22 in figs. 2A-2B) attached to the first ejection orifice (80, 89) and configured to act as a reservoir to expand and contain the first fluid during application of the impact force and return the first fluid back to recharge the first reservoir space when the impact force is removed.
Re-claim 34, Muthu discloses the first fluid is incompressible (note water in [0089]).
Re-claim 35, Muthu discloses the second collapsible chamber comprises a plurality of ejection orifices (note the chamber 38 and the chamber 64 may be in connected through a plurality of orifices 80 in [0053]).
Re-claim 36, Muthu discloses the first collapsible chamber comprises at least one other orifice (note the chamber of 92b comprising at least two orifices 150 and 80b as shown in fig. 8B).
Re-claim 37, Muthu discloses the first collapsible chamber and the second collapsible chamber have an orientation such that the portion of the impact force received by the second wall of the second collapsible chamber is substantially parallel to a direction of the impact force received by the first wall of the first collapsible chamber (note the multiple collapsible chambers connected together, each configured to receive a portion of the impact force as shown in fig. 5B).
Re-claim 38, Muthu discloses an interfacing chamber (note the middle chamber shown in fig. 5B) between the first collapsible chamber (note the chamber on the right shown in fig. 5B) and the second collapsible chamber (note the chamber on the left shown in fig. 5B), the interfacing chamber including an interfacing reservoir space (note the space of the reservoir chamber 50a), a first interfacing wall (note the top portion of the middle chamber shown in fig. 5B) configured to receive the portion of the impact force (note the chambers are connected to each other and thus each chamber configured to receive a portion of an impact force), and a third ejection orifice (note the orifice or passage between the top chamber and the bottom chamber of the middle chamber shown in fig. 5B) configured to eject a third fluid from the interfacing reservoir space in reaction to the portion of the impact force (note each chamber member 14a comprising a passage 80a and connected to each other via line 108, 116 and 120).
Regarding claim 39, Muthu discloses a shock absorbing device (note 14a in fig. 5B) comprising: a first collapsible chamber (one of the three chambers 38a in fig. 5B) having a first reservoir space (92a), a first wall (84a) configured to receive an impact force, and a first ejection orifice (80a) configured to eject a first incompressible fluid from the reservoir space in reaction to the impact force; and a second collapsible chamber (having a second reservoir space, a second wall configured to receive at least a portion of the impact force, and a second ejection orifice configured to eject a second incompressible fluid from the second reservoir space in reaction to said received portion of the impact force, wherein the first collapsible chamber and the second collapsible chamber have an orientation such that said portion of the impact force received by the second wall of the second collapsible chamber is substantially parallel to a direction of the impact force received by the first wall of the first collapsible chamber (note the multiple collapsible chambers 14a or 84a connected together, each comprising a plurality of reservoir chambers 92a and 38a, and orifice 80a and configured to receive a portion of the impact force as shown in fig. 5B).
Re-claim 40, Muthu discloses an interfacing chamber (note the middle chamber shown in fig. 5B) between the first collapsible chamber (note the chamber on the right shown in fig. 5B) and the second collapsible chamber (note the chamber on the left shown in fig. 5B), the interfacing chamber including an interfacing reservoir space (note the space of the reservoir chamber 50a), a first interfacing wall (note the top portion of the middle chamber shown in fig. 5B) configured to receive the portion of the impact force (note the chambers are connected to each other and thus each chamber configured to receive a portion of an impact force), and a third ejection orifice (note the orifice or passage between the top chamber and the bottom chamber of the middle chamber shown in fig. 5B) configured to eject a third fluid from the interfacing reservoir space in reaction to the portion of the impact force (note each chamber member 14a comprising a passage 80a and connected to each other via line 108, 116 and 120).
Re-claim 41, Muthu discloses at least one distensible container attached to at least one of the first and second ejection orifices and configured to act as a reservoir to expand and contain at least one of the first and second incompressible fluids, respectively, during application of the impact force and return the at least one of the first and second incompressible fluids back to recharge at least one of the first and second reservoir spaces, respectively, when the impact force is removed (note the multiple collapsible chambers 14a or 84a connected together, each comprising a plurality of reservoir chambers 92a and 38a, and orifice 80a and configured to receive a portion of the impact force as shown in fig. 5B).
Regarding claim 43, Muthu discloses a shock bag system (note 14a in fig. 5B) comprising: a first collapsible chamber (38 and 96 in fig. 1B) having a first reservoir space (38), a first wall configured to receive at least a portion of an impact force, a first ejection orifice configured to eject a first incompressible fluid from the reservoir space in reaction to the impact force, and a first impermeable layer configured to contain the first fluid within the shock bag system; and
a second collapsible chamber having a second reservoir space, a second wall configured to receive at least a portion of the impact force, and a second ejection orifice configured to eject a second incompressible fluid from the second reservoir space in reaction to said received portion of the impact force (note the multiple collapsible chambers 84a connected together, each comprising a reservoir chambers 38a, and orifice 80a and configured to receive a portion of the impact force as shown in fig. 5B).
Re-claim 44, Muthu discloses the shock bag system is contained within a helmet shell, such that the helmet shell receives at least a portion of the impact force (note the helmet shell in fig. 3).
Re-claim 45, Muthu discloses the shock bag system is affixed to a foam or other energy absorbing material that receives at least a portion of the impact force (note the first cell body 18, the second cell body 22, and/or the shell 84 may be sized and shaped based on the application of the protective equipment 100, wherein, the first cell body 18 may be enlarged to cover a greater area of the liner 104, wherein the liner 104 is flexible and may comprise one or more layers of any suitable material such as, for example, a polymer, a composite, a textile, a foam, and/or the like as stated in [0006] and shown in fig. 4, and thus it is understood that an impact force can be received on layer 104 via the shell 84).
Re-claim 46, Muthu discloses at least one impermeable container (116) attached to at least one of the first and second ejection orifices.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 30 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Muthu (WO 2021080838 A1) in view of Lakie (US 5,025,575).
Regarding claims 30 and 42, Muthu discloses a valve 150 in another embodiment 8A-8B that is movable between an open state and a closed state but fails to disclose the valve that is configured to open at a predetermined pressure as recited in the claim. However, Lakie disclose a shock absorbing device comprising: a plurality of chambers and a plurality of valves including a pressure relief valve 58, wherein the valve can be controlled to provide desired pressure in the chambers (note col. 5, line 20 to col. Line 34). It would have been obvious to one having ordinary skill in the art at time before the filing date of the present application was made to modify the device of Muthu with an adjustable pressure valve as taught by Lakie will allow to regulate the pressure in the chambers to achieve effective absorption of the impact force.
Conclusion
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/MAHBUBUR RASHID/Examiner, Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
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