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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-11 in the reply filed on 12/18/2025 is acknowledged.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 4 recites the plurality of solids and voids disposed in an irregular manner. The specification mentions irregular manner in [0027], [0067], [0099]. None of the figures show an irregular pattern and the specification is not specific with regard to what irregular means.
[0067] The plan view conformation of each of the layers 12, obtained in a direction parallel to the longitudinal axis X of FIG. 3, can be regular or irregular according to the pattern or to the combination of patterns used to define its geometry, even three-dimensional.
[0099] In this way, as well as modifying the plan view conformation of each layer 12, the filament 13 creates a structure 11 in which the cross section conformation (FIG. 4), obtained in a direction perpendicular to the longitudinal axis X of FIG. 3 and therefore in a direction perpendicular to the plan view conformation, also has a plurality of solids and voids disposed in an irregular manner.
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.
Claim 4 is 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. Claim 4 recites an irregular pattern and the term is a relative term and not definite as if fails to describe the scope of the relationship of the solids and voids.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation 30-70 degrees, and the claim also recites 40-65 degrees and 45 to 60 degrees which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the 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.
Claims 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Duoss et al (US 20180186121).
Duoss is directed to a three dimensionally patterned energy absorptive material and method of fabrication (Title). Duoss is directed to a three-dimensionally patterned energy absorptive material and fabrication method having multiple layers of patterned filaments extrusion-formed from a curable pre-cursor material and stacked and cured in a three-dimensionally patterned architecture so that the energy absorptive material produced thereby has an engineered bulk property associated with the three-dimensionally patterned architecture (ABST), [0005].
Duoss teaches method of fabricating a three-dimensionally patterned energy absorptive material wherein the filaments are arranged so that the three-dimensionally patterned architecture comprises at least one of open-cells and closed cells between filaments; The open cells are equated with voids and closed cells are equated with solids. The multiple layers are equated with a multi-plane structure with a plurality of overlapping layers.
The filaments are patterned so that the desired bulk property of the energy absorptive material is uniform in at least one direction;
The filaments are patterned so that the desired bulk property of the energy absorptive material is different for different regions of the energy absorptive material;
The filaments are patterned so that the desired bulk property of the energy absorptive material is graded across the different regions of the energy absorptive material along at least one direction;
The filaments of a layer are transversely patterned relative to filaments of an adjacent layer; the substrate surface is non-planar so that the energy absorptive material formed thereon also has a non-planar surface contour; and the substrate surface is contoured substantially similar to a 3D object against which energy is to be absorbed by the energy absorptive material so that the energy absorptive material formed on the substrate substantially conforms to said object.
Duoss shows the layered structure as shown in Fig. 2 and Fig. 4 which shows overlapping layers and is multi-plane structure and meets the limitation wherein the plan view conformation of each of said layers is made according to at least one open and/or closed pattern and that the plan view is variable. As shown the layers alternate to show the voids and solids (filaments). The transverse pattern is equated with the plan view conformation is variable.
PNG
media_image1.png
760
394
media_image1.png
Greyscale
PNG
media_image2.png
378
502
media_image2.png
Greyscale
As to claim 2, Duoss teaches the present invention is also generally directed to the design and fabrication of such materials using an additive, extrusion-based process (e.g. direct ink write (DIW) process) that prints inks through nozzles (often of microscale size) to generate the three-dimensionally patterned architecture in a layer-by-layer fashion with controlled filament feature size, porosity, pore size, pore shape, interconnectivity of pores, and geometry. By controlling the patterning of the 3D patterned architecture, the method can vary density/porosity over large range, can vary density spatially in a single part, can vary mechanical response at constant porosity through the structure, and engineer anisotropy in the bulk mechanical properties.
Duoss teaches the 3D printing method can produce a layer by layer structure that can vary mechanical response.
As to claim 3, Duoss teaches that each layer is oriented at 90 degrees and therefore meets the limitation of a pattern that defines the plan view conformation of one of said layer is different from the pattern that defines the plan view conformation of at least another of said layers.
As to claim 6, Duoss teaches the pattern of open and/or closed pattern is linear.
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.
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.
Claims 4, 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Duoss et al (US 20180186121) in view of Coccia et al (US 20210068475).
As to claim 4, Duoss does not teach an irregular pattern.
Coccia is directed to a method of making padding by using 3D printing. The method produces a structure with individual open cells which are mutually connected and arranged mutually opposite and side by side (ABST).
Coccia teaches the padding which is characterized in that it uses 3D printing by depositing a filament according to a microarchitecture that entails the definition of superimposed matrices that are adapted to define a structure composed of individual open cells, which are mutually connected and arranged mutually opposite and side by side, each one having a shape in plan view with a variable diameter which is obtained by way of superimposing elements that are substantially shaped like a truncated pyramid or like a truncated cone with a polygonal base [0021].
Coccia teaches multiple layers of different shaped cells formed by depositing in sequence the layers of filaments [0049]. The shapes as shown in Fig. 1 are irregular shapes. The particular chosen shape of the microarchitecture and therefore of the cells makes it possible to achieve the characteristic of having an elastic bounce-back once a pressure thereon has ceased, the arrangement of the layers making it possible to obtain a desired density, load-bearing capacity and thickness at every desired point of the product that it is desired to obtain [0065].
PNG
media_image3.png
856
482
media_image3.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ irregularly shaped cells motivated to have elastic bounce-back and load-bearing capacity.
As to claim 6 and 7, Duoss differs and does not teach polygonal patterns and different zones.
Coccia teaches the shapes of the cells are polygonal [0054], [0056] and the microarchitecture makes it possible to obtain deformable zones that are controlled to different heights of cells and differentiated so as to increase the overall performance (protection and comfort) of the cycling pad [0067]. Coccia teaches that the thickness of the cells 6 that is different from that of the adjacent fourth zone 14 and of the adjacent pair of internal wings of the third zone [0063].
Coccia teaches it should be noted that the method can also be used to provide, in conjunction or separately, other parts that make up the padding, in addition to the flat outer perimetric first zone 9, the second zone 10, the third zone 11, the fourth zone 14, the fifth zones 15a, 15b, or even other parts that can be combined with the padding 1, such as the covering so as to obtain a single product, i.e. the complete cycling pad or the pair of cycling shorts, but which have, for the various parts indicated, different desired characteristics and performance, for example of load-bearing capacity, in one or more desired points or zones [0070].
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce a cycle padding structure with different zones motivated to provide for different load bearing capacities.
As to claims 8 and 9, Duoss does not teach different zones nor different heights.
Coccia teaches different zones can be produced via 3D printing to produce the flat outer perimetric zone tending towards 0 followed by a second zone with uniform thickness of cells such as 2 millimeters [0058]. Coccia teaches the height from the external edge increases towards the center in [0060]-[0063] wherein the second zone 10 is heart shaped with a perimeteric edge 10a and a straight branch 10b. Then a third zone 11 and the thickness of cells 6 that increases from the perimeter toward the center in the pair of external wings 12a, 12b and a thickness that decreases from the center toward the perimeter in the internal wings [0060]. Then a fourth zone 14 which surrounds the third zone 11 with a thickness of cells 6 that exceeds that of the third zone [0062]. See Fig. 10 below. Coccia teaches differentiated relief regions 7 are provided by thermoforming to increase comfort of the user [0036]. Coccia does not explicitly teach the increase is linear, however as Coccia teaches the thickness increases toward the center, it would have been obvious to employ the desired taper that is linear motivated to achieve the desired comfort level.
PNG
media_image4.png
838
608
media_image4.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ changing thickness from the outer perimeter to the center of the padding motivated to provide the desired comfort level.
As to claim 9, Duoss and Coccia does not teach the taper angle of 30-70 degrees. Coccia teaches the change in thickness decreases from the center to the perimeter. It would have been obvious to one of ordinary skill in the art before the effective filing date to optimize the angle of inclination motivated to provide the desired size and comfort level of the padding.
As to claims 10 and 11, Duoss differs and does not teach alternating the plurality of layers with linear pattern and polygonal pattern nor different zones.
Coccia teaches the geometry of the various layers is such as to obtain the superimposition of elements or open cells 6 that are substantially shaped like a truncated pyramid or like a truncated cone with a polygonal base, for example an octagonal base [0054].
Coccia shows alternating linear layers and polygonal pattern layers in Fig. 1. The polygonal layers are equated with hexagonal layers.
Coccia teaches the method is used to produce a flat outer perimetric first zone 9, the second zone 10, the third zone 11, the fourth zone 14, the fifth zones 15a, 15b, or even other parts that can be combined with the padding 1, such as the covering so as to obtain a single product, i.e. the complete cycling pad or the pair of cycling shorts, but which have, for the various parts indicated, different desired characteristics and performance, for example of load-bearing capacity, in one or more desired points or zones [0070].
This increase of load-bearing capacity is obtained for example by keeping the same microarchitecture, but applying a change in the filling, for example using the same pattern while reducing its dimensions so as to have more material and less empty space [0071].
Naturally the materials used as well as the dimensions of the individual components of the disclosure, such as the flat outer perimetric first zone 9, the second zone 10, the third zone 11, the fourth zone 14, the fifth zones 15a, 15b may be more relevant according to specific requirements. The characteristics indicated above as advantageous, convenient or the like, may also be missing or be substituted by equivalent characteristics [0072].
As to claims 10 and 11, it would have been obvious to one of ordinary skill in the art before the effective filing date to produce a padding with alternating linear and polygonal layers and different zones motivated to provide for comfort of the cycle padding.
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Duoss et al (US 20180186121) in view of Coccia et al (US 20210068475) and in further view of Knopik (US 20150313292).
As to claims 9, Duoss does not teach different zones nor different heights. Coccia is not specific with regard to the increasing thickness angle.
Knopik is directed to a pad for cycling pants wherein the pad has a three-dimensional concave shell shape with a seam 15 as shown in Fig. 2. If the seam is running and inclined in forward direction of the seat pad , it may be advantageous if the angle of the seam is 60-80 degrees to above or reduce potential pressure marks in the front portion of the seat pad. Preferably the seam or seams are running and inclined in forward direction and the angle is around 40 degrees [0046].
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide for an incline of 40 degrees motivated to reduce potential pressure marks in the front portion of the seat pad.
Claims 4, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Duoss et al (US 20180186121) in view of Achten et al (US 20190254439).
As to claim 4, Duoss does not teach an irregular pattern.
Achten is directed to a method for producing a visco-elastic damping element comprising at least one visco-elastic spring element that is produced by 3D printing method. The present invention is based on the discovery that with the aid of a 3D printing process it is possible to achieve individualized damping properties. The term “individualized” here means not only that production of individual units is possible in a useful and cost-effective manner but also that damping properties of a damping body at different points within the body can be adjusted as desired, and with high local resolution [0013].
Achten teaches the invention moreover provides the use of one or more damping bodies produced in according to the invention as a volume body preferably for supporting parts of the human body. The volume body is preferably selected from the group consisting of a mattress, a cushion, a seat, a sofa, preferably a sofa part, a chair, preferably a chair part, a pad, a helmet, a body-protector, an orthopedic protective element, preferably a part of an orthopedic protective element, a shoe and parts thereof, and combinations of at least two thereof. The volume body is preferably for use as support for parts of the human body selected from the group consisting of a mattress, a cushion, a seat, a pad and parts thereof and combinations of at least two thereof [0070].
Achten teaches the damping material has a hollow volume of pores [0084].
Achten teaches the embodiment of the process of the invention, the damping body is configured to some extent or completely as open-celled hollow body, and has at least one open passage, and when subject to compressive or tensile deformation preferably exhibits damping tan δ, measured in accordance with DIN 53535, of from 0.1 to 1 in the direction of deformation [0037].
Achten teaches the present invention is based on the discovery that with the aid of a 3D printing process it is possible to achieve individualized damping properties. The term “individualized” here means not only that production of individual units is possible in a useful and cost-effective manner but also that damping properties of a damping body at different points within the body can be adjusted as desired, and with high local resolution. It is thus possible by way of example to achieve individualized production of a mattress in accordance with the anatomical requirements or needs of a customer. By way of example, in order to achieve optimized pressure distribution for lying on the mattress, a pressure profile of the body can first be recorded on a sensor surface, and the resultant data can be used to individualize the mattress [0013].
Achten teaches the damping body of the invention is generally produced layer-by-layer [0064]. The pattern produced by Achten is shown in Fig. 2 and equated with irregular as not all of the cells are the same.
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce an damping pad of irregular manner motivated to produce a damping material that has individualized damping characteristics.
As to claim 5, Duoss does not teach a thermoplastic elastomer TPE.
Achten teaches the material of the spring elements is selected from thermoplastic elastomers [0060].
It would have been obvious to one of ordinary skill in the art before the effective filing date to produce the dampening material from thermoplastic elastomers motivated to achieve a damping system.
As to claim 7, Duoss does not teach with one zone different from the other zones.
Achten teaches different and individualized damping points and individual units and it is also possible here to use a plurality of the abovementioned types in a damping body, for example in order to establish different springing behavior at different locations of the damping body [0054].
It would have been obvious to one of ordinary skill in the art before the effective filing date to employ different locations with different springing behavior motivated to establish different behavior at different locations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A STEELE whose telephone number is (571)272-7115. The examiner can normally be reached 9-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached at 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER A STEELE/ Primary Examiner, Art Unit 1789