DETAILED ACTION
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 and 14-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 9, and all the claims that depend therefrom, in the penultimate line, “the sports protective article” lacks antecedence. It is suggested that the limitation be changed to “the sports or orthopedic protective gear” to correct the problem.
Regarding claim 14, “the 00 Durometer scale” lacks antecedence.
Regarding claim 15, it is misdescriptive to claim that a coating having a slippery surface will minimize grabbing, pulling, or twisting of the wearable article. A person can still grab, pull, or twist the wearable article regardless of the coefficient of friction property of the coating.
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.
Claims 9 and 15-16 are rejected under 35 U.S.C. 102a(1) as being anticipated by West, US 2015/0164173 A1.
Regarding claim 9, West discloses a removable protector (shell, 10, figure 2) that is attachable to the outer surface of a helmet (12, figure 1). The removable protector being a first protector portion (10) removably coupled via an elastic jacket (30) that can be stretched over the football helmet (12, [0011], [0031]).
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Regarding claim 15, West discloses a coating formed of scales (22) that are substantially rigid material such as plastic (ABS, polycarbonate, [0033]) or metal (titanium) or ceramic materials, which are selected to provide a low coefficient of friction or can be coated or treated with additional materials to provide a surface with a low coefficient of friction ([0033]).
Regarding claim 16, West discloses the first protector portion (shell, 10) to be of a first firm material (22) and a second deformable material (20, [0028]).
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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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over West, US 2015/0164173 A1. The claim requires that the soft material of the first protector portion be within the Shore A range of 0A-70A and that the hard material of the first protector portion be on the 00 Durometer scale.
West discloses that the first protector portion is made up of a multiple of layers (20, 22, 24, 26, 28 and 30). Layers 20, 24, 26 and 28 are the soft cushioning layers that can be selected to provide the desired density and/or durometer to meet the protective requirements of a particular embodiment ([0028]), i.e., urethane or vinyl nitrile foam, rubber, which fall on the Shore A scale. Layer 22 is the hard material of the first protector portion that is made from ABS plastic or polycarbonate plastic or titanium or ceramic materials, which would fall on the 00 Durometer scale.
The claim requires that the soft material be in the range of 0-70A on the Shore A scale. West fails to disclose the specific range. However, West does disclose that the softness and hardness of the materials used to form the first protector portion are design variables that can be chosen to provide the proper amount of cushioning needed from the protector portion based on the type of sport/impact it will be protecting the user from ([0028], [0033]). Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to choose the appropriate Shore A value for the cushioning material to be used in the first protector portion to provide the proper amount of cushioning and the proper amount of durability and strength to protect the wearer of the helmet with a removable first protector portion attached thereto.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Beckman discloses a complete helmet assembly comprising an inner helmet assembly similar to a baseball, softball, or cricket helmet and an exterior shell assembly are disclosed. The inner helmet assembly is similar to a standard helmet. The exterior shell assembly comprises two or more layers, one of said layers (preferably the more exterior layer) being hard and elastic and one or more of said layers (preferably a more internal layer) being a plastically deformable layer comprising a crumple zone that would need to be replaced after the exterior shell assembly receives significant damage. The user gets the advantages of both a reusable interior helmet and the advantages of single impact safety materials commonly used in bicycle and motorcycle helmets.
Holte discloses a head protection system, comprising; a helmet or hat; and one or more pads. The one or more pads are configured to engage the helmet or hat via an engagement mechanism, which may be selected from a hook and loop fastener, an adhesive, and friction snaps. The engagement mechanism may be located on a rear portion of said headwear.
Straus discloses an apparatus for protecting the wearer of a helmet in the form of an elastomeric cellular helmet cover, encased in an integral shell of like material, that can be attached to the exterior of an unmodified helmet, by means of flexible tabs, to reduce the potential for injury to the wearer. The helmet cover is configured so that it is thicker in the area where impact is customarily greater, and greater resilience is provided at these points. The helmet cover is sufficiently thick at the front to protrude forward at the edge of the helmet and a face guard attaching parts. The wearer is therefore protected and those contacted by the helmet during the game are also protected.
Duguid discloses an improved supplemental protective pad for a helmet is disclosed. In one embodiment, the pad includes a base portion which is mounted to the surface of a helmet shell. The pad is shaped to cover high risk, non-frontal impact areas such as the back of the head and adjacent the sides of the crown of the head. Extending outwardly from the pad are a plurality of compressible and crushable protrusions. The protrusions can be configured in a variety of shapes, sizes and densities to absorb a predetermined amount of force. When the individual wearing the helmet is involved in an impact on one of the impact areas, the protrusions complement any interior cushioning to compressibly absorb the impact force. If the impact force exceeds a predetermined level, the protrusions absorb additional energy while being crushably deformed. When the protective pad has been crushably deformed, preferably the crushed portion is visibly noticeable and the protective pad is replaced.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at 571-272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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