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
Applicant’s preliminary amendment of 04/04/2024 is acknowledged.
A substitute specification—including a substitute Abstract—is acknowledged and is entered.
Amended claims are provided and are acknowledged. These claims of 04/04/2024 are superseded by the claims of the preliminary amendment of 05/24/2024.
Applicant’s preliminary amendment of 05/24/2024 is acknowledged.
Claims 1-3 and 5-20 are presented.
The present office action treats claims 1-3 and 5-20 on the merits.
The present office action is a non-final rejection.
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 1-3 and 5-20 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.
Claim 1 line 4 recites “wherein the cover layer has an outer layer and at least one inner layer”; claim 1 lines 7-8 further recites “a spacer layer is provided, which is arranged between the inner layer and the outer layer”. Usage of “the inner layer” in line 7 is such that it is not clear whether and how “the inner layer” relates to the “at least one inner layer” introduced in claim 1 line 4. In other words, it is not clear whether “the inner layer” limits only one of the at least one inner layer; limits each of the at least one inner layer; and/or is meant to introduce a newly claimed inner layer. For the purpose of applying art, claim 1 is interpreted as if the phrase “wherein the cover layer has an outer layer at least one inner layer” reads instead --wherein the cover layer has an outer layer and an inner layer--.
Claims 2-3 and 5-20 are indefinite if only because they depend from an indefinite claim.
In addition, claim 8 is further indefinite in reciting “a surface density of 2500 sticks per cm2 is provided” in that claim 7, on which claim 8 depends, recites sticks in the alternative – i.e. “sticks or hair” of claim 7. It is not understood how a given pad can have the hair presented in the alternative of claim 7 and also a density of sticks as claimed in claim 8. For the purpose of applying art to claim 8, claim 7 is interpreted as if it is only limiting a head protection pad whose spacer layer is formed from a plurality of sticks.
In addition, claim 12 is further indefinite in reciting “at least one head protection pad according to claim 1” in that claim 1 does not recite more than one head protection pad(s). Accordingly, it is not clear what is meant by “at least one”. For the purpose of applying art, the phrase “at least one head protection pad” is interpreted as if it reads --the head protection pad--
In addition, claim 13 is further indefinite in reciting both a head protection pad and also a method step of using the head protection pad. MPEP 2173.05(p) states in relevant part “A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” And in the present case, claim 13 recites both a head protection pad apparatus and a method step of using the apparatus. For the purpose of applying art, claim 13 is interpreted as if it is reciting a capability of the head protection pad according to claim 1.
In addition, claim 14 is further indefinite in reciting both a head protection pad and also a method step of using the head protection pad. MPEP 2173.05(p) states in relevant part “A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” And in the present case, claim 14 recites both a head protection pad apparatus and a method step of using the apparatus. For the purpose of applying art, claim 14 is interpreted as if it is reciting a capability of the head protection pad according to claim 1.
In addition, claim 17 is further indefinite in reciting “a surface density of 2500 sticks per cm2 is provided” in that claim 17 recites sticks in the alternative – i.e. “sticks or hair” of claim 17. It is not understood how a given pad can have the hair presented in the alternative of claim 17 and also a density of sticks as claimed in claim 17. For the purpose of applying art, the recitation of “a surface density” of claim 17 is interpreted as if it is only limiting a head protection pad whose spacer layer is formed from a plurality of sticks.
In addition, claim 19 is further indefinite in reciting “at least one head protection pad according to claim 18” in that claim 18 does not recite more than one head protection pad(s). Accordingly, it is not clear what is meant by “at least one”. For the purpose of applying art, the phrase “at least one head protection pad” is interpreted as if it reads --the head protection pad--
In addition, claim 20 is further indefinite in reciting both a head protection pad and also a method step of using the head protection pad. MPEP 2173.05(p) states in relevant part “A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” And in the present case, claim 20 recites both a head protection pad apparatus and a method step of using the apparatus. For the purpose of applying art, claim 20 is interpreted as if it is reciting a capability of the head protection pad according to claim 18.
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) 1-3, 5, 7, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908] in view of [Ryan, US 2018/0242665, provided on the IDS of 04/04/2024].
Regarding claim 1:
Soibelman discloses (Fig. 2):
A head protection (“for protection”; para 3) pad 200 for insertion into a helmet (para 44), comprising: a base body 230 made of padding material (“padding 230”; para 30) and a cover 210, 220, 240 (i.e. the combined 210, 220, and 240) which at least partially surrounds the base body (para 26; Fig. 2),
wherein the cover 210, 220, 240 has at least one inner layer 210, and wherein a spacer layer 220 is provided.
Soibelman does not expressly disclose wherein the cover has an outer layer and at least one inner layer, the outer layer being designed as a cooling layer and having a cooling medium integrated into the outer layer, wherein the outer layer is formed from textile material; and wherein a spacer layer is provided, which is arranged between the inner layer and the outer layer.
However, and in further view of Soibelman:
Soibelman teaches providing an additional layer designed as a cooling layer and having a cooling medium integrated thereinto: “One or more additional layers of material may be inserted between layer 210 and layer 240 such as, but not limited to, one or more thermal regulation material layers” (para 26); “Such additional materials which may be placed between layer 210 and layer 240 may include one or more thermal regulation material layers including...various phase change materials including hydrocarbon paraffins” (para 32) further wherein “Each of the layers 210, 220, 230, 240 and any additional layers may be arranged in any order” (para 27) such that Soibelman teaches providing a layer designed as a cooling layer and having a cooling medium —i.e. paraffin phase change material—thereinto as an layer between 210 and 240 which includes a layer order wherein said thermal regulation paraffin phase change material layer is provided between 240 and base body 230, in which case said layer designed as a cooling layer and having a cooling medium thereinto is arranged between inner layer 210 and said layer designed as a cooling layer and having a cooling medium thereinto.
It 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 to have modified the pad of Soibelman such that it is provided with an additional layer designed as a cooling layer and having a paraffin cooling medium being integrated thereinto between 240 and 230 in order to afford thermal regulation to the pad, as suggested by Soibelman (paras 26 and 32). In adopting the modification, said additional layer—i.e. the additional layer between 240 and 230—is an outer layer being designed as a cooling layer and having a paraffin cooling medium integrated into the outer layer; and wherein the spacer layer 220 is provided, which is arranged between the inner layer 210 and the outer layer (i.e. the additional layer between 240 and 230).
The modified Soibelman does not meet the limitation wherein the outer layer is formed from textile material.
Ryan teaches a layer formed from textile material (“textile fabric[]”; Abstract) appropriate for thermal regulation in an apparel context (“to cool a wearer of an article of clothing”; para 32) and for use “inside...a helmet” (para 77) wherein the layer is designed as a cooling layer (“to cool a wearer of an article of clothing”; para 32) and having a cooling medium (“Microcapsules...have a core composition that includes a phase changing material (PCM) encapsulated within a polymer wall with an outer shell”; Abstract) integrated into (Abstract; para 77) the layer, wherein the layer is formed from textile material (Abstract; para 77).
Ryan further teaches the layer is appropriate “to cool a wearer of an article of clothing” (para 32) and “When the capsules are incorporated into the textile material or textile fabric the benefit of wicking moisture away from the wearer while providing a cooling effect is achieved” (para 77).
It 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 to have modified the modified Soibelman such that its outer layer is formed from textile material and its paraffin cooling medium is integrated into the outer layer in the form of microcapsules in order to provide both moisture-wicking and also a cooling effect, as taught by Ryan (paras 32 and 77). One of ordinary skill would be motivated to adopt the modification insofar as Soibelman teaches a motivation to provide both (i.e. a the “combination” of para 26) moisture-wicking and thermal regulation properties to one or more layers between 210 and 240 thereof: “One or more additional layers of material may be inserted between layer 210 and layer 240 such as, but not limited to, one or more thermal regulation material layers, one or more moisture wicking material layers, one or more moisture absorption material layers, one or more comfort regulation material layers or any combination thereof” (para 26 of Soibelman).
Regarding claim 2:
Soibelman in view of Ryan teach The head protection pad according to claim 1, as set forth above.
Soibelman further discloses wherein the inner layer is formed from textile material (“polyester...mesh” with “threads crossing” (para 28) such that it is formed from a textile material).
The modified Soibelman further meets the limitation wherein the outer layer is formed from textile material (see above treatment of claim 1 where Soibelman is modified such that the limitation “outer layer is formed from textile material” is met).
Accordingly, the modified Soibelman meets the limitation wherein the outer layer and the inner layer are formed from textile material.
Regarding claim 3:
Soibelman in view of Ryan teach The head protection pad according to claim 1, as set forth above.
The modified Soibelman further meets the limitation wherein paraffin is provided as the cooling medium (i.e. as modified, the outer layer being designed as a cooling layer and having a paraffin cooling medium integrated into the outer layer as set forth in above treatment of claim 1), the paraffin being integrated into the outer layer in the form of microcapsules (i.e. as modified, the paraffin cooling medium is integrated into the outer layer in the form of microcapsules as set forth in above treatment claim 1) or being absorbed by the outer layer.
Regarding claim 5:
Soibelman in view of Ryan teach The head protection pad according to claim 3, as set forth above.
The modified Soibelman does not meet the limitation wherein the spacer layer is directly adjacent to the outer layer.
Rather, in the modified Soibelman as set forth in above addressing of claim 1: the spacer layer 220 is directly adjacent base body 230 (as in Soibelman Fig. 2), and the outer layer is the additional layer between 230 and 240 (refer to above treatment of claim 1) such that base body 230 is interposed between outer layer and spacer layer 220.
Nevertheless and in further view of Soibelman:
Soibelman as embodied in paras 26-27 teaches providing plural additional layers between 210 and 240 and arranged in any order: “One or more additional layers of material may be inserted between layer 210 and layer 240 such as, but not limited to, one or more thermal regulation material layers, one or more moisture wicking material layers, one or more moisture absorption material layers, one or more comfort regulation material layers or any combination thereof. Each of the layers 210, 220, 230, 240 and any additional layers may be arranged in any order and may comprise any of the aforementioned materials.”
It 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 to have modified the modified Soibelman such that it is provided with yet another additional layer—arranged between the inner layer 210 and the outer layer—and provided directly adjacent the outer layer in order to afford moisture absorption and/or comfort regulation to the pad, as suggested by Soibelman (paras 26-27).
In adopting the modification, claim 5 limitations would be met insofar as said yet another additional layer provided directly adjacent the outer layer would be a spacer layer directly adjacent to the outer layer further wherein said yet another additional layer would be the spacer layer arranged between the inner layer and the outer layer of claim 1. In other words, in adopting the modification, the yet another layer would be the spacer layer of claim 1, and layer 220 of Soibelman would be an extraneous layer.
Regarding claim 7:
Soibelman in view of Ryan teach The head protection pad according to claim 3, as set forth above.
The modified Soibelman does not meet the limitation wherein the spacer layer is formed from a plurality of sticks or hair arranged parallel to each other or at an acute angle α to each other, which are aligned transversely to the outer layer.
However and in further view of Soibelman:
Soibelman teaches providing a layer with a plurality of sticks (i.e. hooks of “hook and loop fasteners”; para 25) for the purpose of removably coupling layers (para 25).
It 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 to have modified the modified Soibelman such that its spacer layer is provided with a plurality of hooks in order to permit the spacer layer to be removably coupled to a corresponding loops portion of another layer, as suggested by Soibelman (para 25). In adopting the modification, the limitation “wherein the spacer layer is formed from a plurality of sticks or hair arranged parallel to each other or at an acute angle α to each other, which are aligned transversely to the outer layer” would be met insofar as the plurality of hooks is a plurality of sticks; although the modified Soibelman would not comprise hair as claimed, it is noted that the hair is presented in the alternative, and the modified Soibelman meets the limitation in that its spacer layer is formed from a plurality of sticks as described above; the claimed “hair arranged parallel to each other or at an acute angle α to each other, which are aligned transversely to the outer layer” is presented in the alternative.
Regarding claim 12:
Soibelman in view of Ryan teach The head protection pad according to claim 1, as set forth above.
The modified Soibelman does not meet the limitation A system, comprising: at least one head protection pad according to claim 1 and a helmet cover, wherein the at least one head protection pad is attached to an inner side of the helmet cover.
However and in further view of Soibelman:
Soibelman teaches a system comprising a head protection pad 410 and a helmet cover (“helmet[]”; para 44) wherein the head protection pad is attached to an inner side of the helmet cover (“secured within a headwear article 420...along the interior of the headwear article 420...any position along the interior of the headwear article may be utilized as the desired position 430 based upon the need of the user and the given headwear article 420. Further, while in FIGS. 3A, 3B, 4A & 4C the headwear article 420 is shown to be an athletic cap, it is to be understood that any suitable type of headwear article 420 may be utilized including, but not limited to, athletic caps, cowboy hats, fashion headdress, construction hats, automotive helmets, sports helmets” (para 43-44).
It 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 to have modified the modified Soibelman such that it is attached to an inner side of a helmet cover such that a system, comprising: at least one head protection pad according to claim 1 and a helmet cover, wherein the at least one head protection pad is attached to an inner side of the helmet cover is provided in order to yield the predictable result of a system whose helmet is configured to protect a skull of a wearer and whose pad is configured to protect the wearer from sweat.
Regarding claim 13:
Soibelman in view of Ryan teach The head protection pad according to claim 1, as set forth above.
The modified Soibelman further meets the limitation A use of a head protection pad according to claim 1 in a helmet cover as an abutment for a head.
(The modified Soibelman is configured such that one can use it in a helmet cover configured to abut a head of a wearer.)
Regarding claim 14:
Soibelman in view of Ryan teach The head protection pad according to claim 1, as set forth above.
The modified Soibelman further meets the limitation for impact protection waistcoats and impact protection trousers as an attachment for the arms or the legs or the torso.
(The modified Soibelman is configured such that one can attach it to waistcoats and/or trousers and provide it in an overlying relation to arms, legs, and/or torso for the purpose of protecting from impact; it is noted the material of the pad is configured to protect against at least some type of impact when the pad is impacted.)
Regarding claim 15:
Soibelman in view of Ryan teach The head protection pad according to claim 2, as set forth above.
The modified Soibelman further meets the limitation wherein paraffin is provided as the cooling medium (i.e. as modified, the outer layer being designed as a cooling layer and having a paraffin cooling medium integrated into the outer layer as set forth in above treatment of claim 1), the paraffin being integrated into the outer layer in the form of microcapsules (i.e. as modified, the paraffin cooling medium is integrated into the outer layer in the form of microcapsules as set forth in above treatment claim 1) or being absorbed by the outer layer.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908] and [Ryan, US 2018/0242665] as applied to claim 3 above, and further in view of [Blythe, US 2021/0274856].
Regarding claim 6:
Soibelman in view of Ryan teach The head protection pad according to claim 3, as set forth above.
The modified Soibelman does not meet the limitation wherein the spacer layer is interwoven with the outer layer and/or that the spacer layer is interwoven with the inner layer.
The spacer layer 220 is directly adjacent the inner layer 210 (Fig. 2); however, Soibelman does not state the two are interwoven with each other. Soibelman as embodied in Fig. 1 and para 25 teaches “The first side surface 110 and second side surface 120 (and any materials therebetween) may be stitched together along a seam 130 that follows a contour of the outer edge of the insert system 100 as shown in FIG. 1. The seam 130 may be at least partly defined by textile stitching” such that Soibelman at least teaches stitching plural layers together. However, Soibelman is silent as to any given layer being interwoven with any other given layer.
However, Blythe teaches a “double-layer construct” (Abstract) appropriate for apparel configured to cover a wearer’s head “headbands, caps (skull caps), hats” (para 6) wherein two layers of the double-layer construct are interwoven with each other: “outer and inner layers are interwoven at at least a portion of their interface”; para 8.
It 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 to have modified the modified Soibelman such that its spacer layer is interwoven with its inner layer in order to yield the predictable result of the combined spacer layer and inner layer being secured to each other via their being interwoven at at least a portion of the interface between the spacer layer and the inner layer.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908] and [Ryan, US 2018/0242665] as applied to claim 7 above, and further in view of [Stabelfeldt, US 2007/0098953] and [Buchalter, US 2020/0197560].
Regarding claim 8:
Soibelman in view of Ryan teach The head protection pad according to claim 7, as set forth above.
The modified Soibelman does not meet the limitation wherein a surface density of 2500 sticks per cm2 is provided.
However, Stabelfeldt teaches sticks (“hooks”; para 2) appropriate for clothing and wearing apparel (“diapers, shoes, disposable gowns, etc.” (para 2)) wherein a surface density of “from about 60 hooks/cm2 to about 1600 hooks/cm2” is provided. Stabelfeldt does not provide upper and/or lower boundaries for what it means to be “about 1600 hooks/cm2”; however, the claimed 2500 sticks per cm2 is about 1600 hooks/cm2; and the claimed 2500 sticks per cm2 is close to 1600 hooks/cm2. Attention is drawn to MPEP 2144.05 which states in relevant part “a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close”.
Buchalter teaches sticks (“hooks” in a “fastening system”; para 31) for wearing apparel (“Diapers...worn”; para 81) wherein peel force of a fastening system comprising said sticks is influenced by stick density: “advantageous to increase the peel force...This may be achieved by increasing the area of the hooks in the fastening system”; para 82.
Because Buchalter is concerned with desired peel strength of sticks of wearing apparel and because Stabelfeldt provides a range (i.e. about 1600 hooks/cm2) encompassing and/or close to the claimed limitation, the claimed surface density is considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed surface density value through routine experimentation in order to provide desired pad properties. The claimed surface density is merely an optimum or workable surface density and the surface density is expected to affect peel strength of the fastening that holds together adjacent layers of the pad.
It 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 to have modified the modified Soibelman such that a surface density of 2500 sticks per cm2 is provided in order to permit the spacer layer to be removably coupled to a corresponding loops portion of another layer such that they are not readily separated from one another unless a peel strength afforded by the 2500 sticks per cm2 is exceeded.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908] and [Ryan, US 2018/0242665] as applied to claim 3 above, and further in view of [Smolko, US 2006/0201187].
Regarding claim 9:
Soibelman in view of Ryan teach The head protection pad according to claim 3, as set forth above.
The modified Soibelman does not meet the limitation wherein the spacer layer has a thickness of at least 5 mm.
However, Smolko teaches a layer (a layer of “porous material”; para 46) appropriate for a “cooling garment” (para 68) wherein the layer has a thickness “in the range from about 0.001'' (0.025 mm) to 0.25'' (6.4 mm). The porous matrices can...provide structural rigidity, scratch resistance, and/or mechanical integrity” (para 48).
Because Smolko is concerned with desired structural rigidity, scratch resistance, and mechanical integrity of a layer and provides a range (i.e. from about 0.025 mm to about 6.4 mm) encompassing the claimed limitation, the claimed range is considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed spacer layer thickness through routine experimentation in order to provide desired pad properties. The claimed spacer layer thickness is merely an optimum or workable thickness and the thickness of the spacer layer is expected to affect structural rigidity, scratch resistance, and mechanical integrity of the spacer layer and/or of the pad.
It 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 to have modified the modified Soibelman such that the spacer layer has a thickness of at least 5 mm in order to yield a pad and/or spacer layer whose structural rigidity, scratch resistance, and mechanical integrity afforded thereby is desirable to some user(s) of the pad and/or spacer layer. One of ordinary skill would be motivated to adopt the modification insofar as Soibelman is directed to maintaining adequate “structural integrity” of the pad (para 27 of Soibelman).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908] and [Ryan, US 2018/0242665] as applied to claim 3 above, and further in view of [Goldfine, US 2002/0112499].
Regarding claim 10:
Soibelman in view of Ryan teach The head protection pad according to claim 3, as set forth above.
The modified Soibelman does not meet the limitation wherein the spacer layer has a specific weight of 200 g/m2.
However, Goldfine teaches a “cooling fabric 10 and the evaporative cooling fabric 38 may be cut in any desired shape to form articles of clothing that are fastenable against or around the body, or any body portion, of the user” (para 69) wherein a layer 12 thereof has a specific weight of “about 4 ounces per square yard (about 135.6 grams per square meter) to about 12 ounces per square yard (about 406.9 grams per square meter)” (para 31) wherein “Evaporative cooling performance of the evaporative cooling fabric 10 has been found to be generally adequate when the face fabric layer 12 has a weight ranging from about 4 ounces per square yard (about 135.6 grams per square meter) to about 12 ounces per square yard (about 406.9 grams per square meter). The weight of a particular fabric is highly dependent upon both the amount and nature of fibers used in the fabric and the degree of compression of the fibers within the fabric. Enhanced compression and consequent enhanced fiber density tends to reduce the amount of water that can be held within a particular fabric, though sufficient fiber density and compression is necessary to account for the surface tension of the water and allow for retention of water” (para 31).
Because Goldfine is concerned with desired cooling performance and water retention of a layer and provides a range (i.e. about 135.6 grams per square meter to about 406.9 grams per square meter) encompassing the claimed limitation, the claimed range is considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed spacer layer specific weight through routine experimentation in order to provide desired pad properties. The claimed spacer layer specific weight is merely an optimum or workable specific weight and the specific weight of the spacer layer is expected to affect water retention and/or cooling performance of the spacer layer and/or of the pad.
It 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 to have modified the modified Soibelman such that the spacer layer has a specific weight of 200 g/m2 in order to yield a pad and/or spacer layer whose water uptake and/or cooling performance afforded thereby is desirable to some user(s) of the pad and/or spacer layer. One of ordinary skill would be motivated to adopt the modification insofar as Soibelman is directed to providing “moisture absorption” and/or “thermal regulation” (para 12) to the pad.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908] and [Ryan, US 2018/0242665] as applied to claim 1 above, and further in view of [Wiles, US 2006/0010568].
Regarding claim 11:
Soibelman in view of Ryan teach The head protection pad according to claim 1, as set forth above.
The modified Soibelman does not meet the limitation wherein the base body is formed from foam and/or from a gel.
However, Wiles teaches a pad appropriate for a helmet (Abstract) wherein a base body 107 is formed from a foam (“foam padding”; para 25). Wiles further teaches the base body 107 “is water absorbing or hydrophilic foam that includes antibacterial and anti-microbial agents to eliminate odor and other unpleasant effects of extended use. The hydrophilic foam is commercially available. The foam has integrated therein water absorbent polymer crystals, so that the foam will absorb moisture such as sweat” (para 25).
It 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 to have modified the modified Soibelman such that the base body is formed from foam in order to eliminate odor and/or other unpleasant effects of extended use and/or in order to absorb moisture and/or sweat, as taught by Wiles (para 25).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908] and [Ryan, US 2018/0242665] as applied to claim 15 above, and further in view of [Blythe, US 2021/0274856].
Regarding claim 16:
Soibelman in view of Ryan teach The head protection pad according to claim 15, as set forth above.
The modified Soibelman does not meet the limitation wherein the spacer layer is directly adjacent to the outer layer.
Rather, in the modified Soibelman as set forth in above addressing of claim 1: the spacer layer 220 is directly adjacent base body 230 (as in Soibelman Fig. 2), and the outer layer is the additional layer between 230 and 240 (refer to above treatment of claim 1) such that base body 230 is interposed between outer layer and spacer layer 220.
Nevertheless and in further view of Soibelman:
Soibelman as embodied in paras 26-27 teaches providing plural additional layers between 210 and 240 and arranged in any order: “One or more additional layers of material may be inserted between layer 210 and layer 240 such as, but not limited to, one or more thermal regulation material layers, one or more moisture wicking material layers, one or more moisture absorption material layers, one or more comfort regulation material layers or any combination thereof. Each of the layers 210, 220, 230, 240 and any additional layers may be arranged in any order and may comprise any of the aforementioned materials.”
It 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 to have modified the modified Soibelman such that it is provided with yet another additional layer—arranged between the inner layer 210 and the outer layer—and provided directly adjacent the outer layer in order to afford moisture absorption and/or comfort regulation to the pad, as suggested by Soibelman (paras 26-27).
In adopting the modification, said yet another additional layer provided directly adjacent the outer layer would be a spacer layer directly adjacent to the outer layer further wherein said yet another additional layer would be the spacer layer arranged between the inner layer and the outer layer of claim 1. In other words, in adopting the modification, the yet another layer would be the spacer layer of claim 1, and layer 220 of Soibelman would be an extraneous layer.
The modified Soibelman does not meet the limitation wherein the spacer layer is interwoven with the outer layer and/or that the spacer layer is interwoven with the inner layer.
The spacer layer is directly adjacent the outer layer (see above modification); however, Soibelman does not state the two are interwoven with each other. Soibelman as embodied in Fig. 1 and para 25 teaches “The first side surface 110 and second side surface 120 (and any materials therebetween) may be stitched together along a seam 130 that follows a contour of the outer edge of the insert system 100 as shown in FIG. 1. The seam 130 may be at least partly defined by textile stitching” such that Soibelman at least teaches stitching plural layers together. However, Soibelman is silent as to any given layer being interwoven with any other given layer.
However, Blythe teaches a “double-layer construct” (Abstract) appropriate for apparel configured to cover a wearer’s head “headbands, caps (skull caps), hats” (para 6) wherein two layers of the double-layer construct are interwoven with each other: “outer and inner layers are interwoven at at least a portion of their interface”; para 8.
It 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 to have modified the modified Soibelman such that its spacer layer is interwoven with its outer layer in order to yield the predictable result of the combined spacer layer and outer layer being secured to each other via their being interwoven at at least a portion of the interface between the spacer layer and the outer layer.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908], [Ryan, US 2018/0242665] and [Blythe, US 2021/0274856] as applied to claim 16 above, and further in view of [Stabelfeldt, US 2007/0098953] and [Buchalter, US 2020/0197560].
Regarding claim 17:
Soibelman in view of Ryan and Blythe teach The head protection pad according to claim 16, as set forth above.
Soibelman does not expressly disclose wherein the spacer layer is formed from a plurality of sticks or hair arranged parallel to each other or at an acute angle a to each other, which are aligned transversely to the outer layer.
However and in further view of Soibelman:
Soibelman teaches providing a layer with a plurality of sticks (i.e. hooks of “hook and loop fasteners”; para 25) for the purpose of removably coupling layers (para 25).
It 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 to have modified the modified Soibelman such that its spacer layer is provided with a plurality of hooks in order to permit the spacer layer to be removably coupled to a corresponding loops portion of another layer, as suggested by Soibelman (para 25). In adopting the modification, the limitation “wherein the spacer layer is formed from a plurality of sticks or hair arranged parallel to each other or at an acute angle α to each other, which are aligned transversely to the outer layer” would be met insofar as the plurality of hooks is a plurality of sticks; although the modified Soibelman would not comprise hair as claimed, it is noted that the hair is presented in the alternative, and the modified Soibelman meets the limitation in that its spacer layer is formed from a plurality of sticks as described above; the claimed “hair arranged parallel to each other or at an acute angle α to each other, which are aligned transversely to the outer layer” is presented in the alternative.
The modified Soibelman does not meet the limitation wherein a surface density of 2500 sticks per cm2 is provided.
However, Stabelfeldt teaches sticks (“hooks”; para 2) appropriate for clothing and wearing apparel (“diapers, shoes, disposable gowns, etc.” (para 2)) wherein a surface density of “from about 60 hooks/cm2 to about 1600 hooks/cm2” is provided. Stabelfeldt does not provide upper and/or lower boundaries for what it means to be “about 1600 hooks/cm2”; however, the claimed 2500 sticks per cm2 is about 1600 hooks/cm2; and the claimed 2500 sticks per cm2 is close to 1600 hooks/cm2. Attention is drawn to MPEP 2144.05 which states in relevant part “a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close”.
Buchalter teaches sticks (“hooks” in a “fastening system”; para 31) for wearing apparel (“Diapers...worn”; para 81) wherein peel force of a fastening system comprising said sticks is influenced by stick density: “advantageous to increase the peel force...This may be achieved by increasing the area of the hooks in the fastening system”; para 82.
Because Buchalter is concerned with desired peel strength of sticks of wearing apparel and because Stabelfeldt provides a range (i.e. about 1600 hooks/cm2) encompassing and/or close to the claimed limitation, the claimed surface density is considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed surface density value through routine experimentation in order to provide desired pad properties. The claimed surface density is merely an optimum or workable surface density and the surface density is expected to affect peel strength of the fastening that holds together adjacent layers of the pad.
It 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 to have modified the modified Soibelman such that a surface density of 2500 sticks per cm2 is provided in order to permit the spacer layer to be removably coupled to a corresponding loops portion of another layer such that they are not readily separated from one another unless a peel strength afforded by the 2500 sticks per cm2 is exceeded.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Soibelman, US 2021/0112908], [Ryan, US 2018/0242665], [Blythe, US 2021/0274856], [Stabelfeldt, US 2007/0098953] and [Buchalter, US 2020/0197560] as applied to claim 17 above, and further in view of [Smolko, US 2006/0201187], [Goldfine, US 2002/0112499], and [Wiles, US 2006/0010568].
Regarding claim 18:
Soibelman in view of Ryan, Blythe, Stabelfeldt, and Buchalter teach The head protection pad according to claim 17, as set forth above.
The modified Soibelman does not meet the limitation wherein the spacer layer has a thickness of at least 5 mm.
However, Smolko teaches a layer (a layer of “porous material”; para 46) appropriate for a “cooling garment” (para 68) wherein the layer has a thickness “in the range from about 0.001'' (0.025 mm) to 0.25'' (6.4 mm). The porous matrices can...provide structural rigidity, scratch resistance, and/or mechanical integrity” (para 48).
Because Smolko is concerned with desired structural rigidity, scratch resistance, and mechanical integrity of a layer and provides a range (i.e. from about 0.025 mm to about 6.4 mm) encompassing the claimed limitation, the claimed range is considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed spacer layer thickness through routine experimentation in order to provide desired pad properties. The claimed spacer layer thickness is merely an optimum or workable thickness and the thickness of the spacer layer is expected to affect structural rigidity, scratch resistance, and mechanical integrity of the spacer layer and/or of the pad.
It 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 to have modified the modified Soibelman such that the spacer layer has a thickness of at least 5 mm in order to yield a pad and/or spacer layer whose structural rigidity, scratch resistance, and mechanical integrity afforded thereby is desirable to some user(s) of the pad and/or spacer layer. One of ordinary skill would be motivated to adopt the modification insofar as Soibelman is directed to maintaining adequate “structural integrity” of the pad (para 27 of Soibelman).
The modified Soibelman does not meet the limitation wherein the spacer layer has a specific weight of 200 g/m2.
However, Goldfine teaches a “cooling fabric 10 and the evaporative cooling fabric 38 may be cut in any desired shape to form articles of clothing that are fastenable against or around the body, or any body portion, of the user” (para 69) wherein a layer 12 thereof has a specific weight of “about 4 ounces per square yard (about 135.6 grams per square meter) to about 12 ounces per square yard (about 406.9 grams per square meter)” (para 31) wherein “Evaporative cooling performance of the evaporative cooling fabric 10 has been found to be generally adequate when the face fabric layer 12 has a weight ranging from about 4 ounces per square yard (about 135.6 grams per square meter) to about 12 ounces per square yard (about 406.9 grams per square meter). The weight of a particular fabric is highly dependent upon both the amount and nature of fibers used in the fabric and the degree of compression of the fibers within the fabric. Enhanced compression and consequent enhanced fiber density tends to reduce the amount of water that can be held within a particular fabric, though sufficient fiber density and compression is necessary to account for the surface tension of the water and allow for retention of water” (para 31).
Because Goldfine is concerned with desired cooling performance and water retention of a layer and provides a range (i.e. about 135.6 grams per square meter to about 406.9 grams per square meter) encompassing the claimed limitation, the claimed range is considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed spacer layer specific weight through routine experimentation in order to provide desired pad properties. The claimed spacer layer specific weight is merely an optimum or workable specific weight and the specific weight of the spacer layer is expected to affect water retention and/or cooling performance of the spacer layer and/or of the pad.
It 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 to have modified the modified Soibelman such that the spacer layer has a specific weight of 200 g/m2 in order to yield a pad and/or spacer layer whose water uptake and/or cooling performance afforded thereby is desirable to some user(s) of the pad and/or spacer layer. One of ordinary skill would be motivated to adopt the modification insofar as Soibelman is directed to providing “moisture absorption” and/or “thermal regulation” (para 12) to the pad.
The modified Soibelman does not meet the limitation wherein the base body is formed from foam and/or from a gel.
However, Wiles teaches a pad appropriate for a helmet (Abstract) wherein a base body 107 is formed from a foam (“foam padding”; para 25). Wiles further teaches the base body 107 “is water absorbing or hydrophilic foam that includes antibacterial and anti-microbial agents to eliminate odor and other unpleasant effects of extended use. The hydrophilic foam is commercially available. The foam has integrated therein water absorbent polymer crystals, so that the foam will absorb moisture such as sweat” (para 25).
It 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 to have modified the modified Soibelman such that the base body is formed from foam in order to eliminate odor and/or other unpleasant effects of extended use and/or in order to absorb moisture and/or sweat, as taught by Wiles (para 25).
Regarding claim 19:
Soibelman in view of Ryan, Blythe, Stabelfeldt, Buchalter, Smolko, Goldfine, and Wiles teach The head protection pad according to claim 18, as set forth above.
The modified Soibelman does not meet the limitation A system, comprising: at least one head protection pad according to claim 18 and a helmet cover, wherein the at least one head protection pad is attached to an inner side of the helmet cover.
However and in further view of Soibelman:
Soibelman teaches a system comprising a head protection pad 410 and a helmet cover (“helmet[]”; para 44) wherein the head protection pad is attached to an inner side of the helmet cover (“secured within a headwear article 420...along the interior of the headwear article 420...any position along the interior of the headwear article may be utilized as the desired position 430 based upon the need of the user and the given headwear article 420. Further, while in FIGS. 3A, 3B, 4A & 4C the headwear article 420 is shown to be an athletic cap, it is to be understood that any suitable type of headwear article 420 may be utilized including, but not limited to, athletic caps, cowboy hats, fashion headdress, construction hats, automotive helmets, sports helmets” (para 43-44).
It 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 to have modified the modified Soibelman such that it is attached to an inner side of a helmet cover such that a system, comprising: at least one head protection pad according to claim 18 and a helmet cover, wherein the at least one head protection pad is attached to an inner side of the helmet cover is provided in order to yield the predictable result of a system whose helmet is configured to protect a skull of a wearer and whose pad is configured to protect the wearer from sweat.
Regarding claim 20:
Soibelman in view of Ryan, Blythe, Stabelfeldt, Buchalter, Smolko, Goldfine, and Wiles teach The head protection pad according to claim 18, as set forth above.
The modified Soibelman further meets the limitation A use of a head protection pad according to claim 18 in a helmet cover as an abutment for a head.
(The modified Soibelman is configured such that one can use it in a helmet cover configured to abut a head of a wearer.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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