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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/30/2026 has been entered.
Claims 1-12, 14-30, 32-33 and 35-40 are pending in this application. Any rejection(s) and/or objection(s) made in the previous Office Action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 07/30/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed feature "mouth" in claims 15-16 and 35-39 must be shown or the feature(s) canceled from the claim(s). It is noted that reference numeral 606 has been designated to represent "opening", "open top" and "cup opening" in the specification amendment filed 07/30/2026. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “606” has been used to designate "opening", "open top" and "cup opening" in page 25. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “603” has been used to designate both "mouth opening" and "connectors" in page 26. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 07/30/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: "In some embodiments" and "In an example" in the paragraph beginning at line 8 on page 25; and "In an example" with two instances and "being disposed therein" in the paragraph beginning at line 18 on page 25. It is noted that the added texts in page 25 are solely based on the drawings, and the drawings only show a single embodiment or a single example.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claims 1 and 22 are objected to because of the following informalities:
In claim 1, line 2, there is a redundant space before the semicolon;
In claim 22, line 2, "comprises of" should read "comprises".
Appropriate correction is required.
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 1-12, 14-30, 32-33 and 35-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being which renders the claim indefinite. for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "wherein the shock absorbing elements are hollow and free from the liner being disposed therein". It is unclear what item is "being disposed therein". It is also unclear what item is being referred to as to "therein". For examination purposes, the limitation has been construed to be "wherein the shock absorbing elements are hollow and free from the liner".
Claim 15 recites the limitation "wherein the cups can compress in a mouth of the open top to base direction". First, the limitation recites "the cups" and "the open top". Claim 15 depends from claim 1, and claim 1 has set forth each of the cups having an open top. It is unclear which open top is being referred to. Second, it is understood that an open top of a cup is a mouth of the cup. It is unclear what is being referred to by "a mouth of" of the open top. What is the difference between the mouth and the open top? Third, it is unclear how to compress "in a mouth" to "base direction". Fourth, it is unclear what is being referred to by "base direction". For examination purposes, the limitation has been construed to be "wherein each of the cups can be compressed in a direction from the open top to the base of the respective cup".
Claim 16 recites the limitation "wherein the cups are tri-spoke in cross sectional shape between a mouth of the open top opening and the base". First, there is insufficient antecedent basis for "the open top opening" in the claim. It is unclear whether it refers to "the open top". Second, it is understood that an open top (opening) of a cup is a mouth of the cup. It is unclear what is being referred to by "a mouth of" of the open top (opening). What is the difference between the mouth and the open top? Third, claim 16 depends from claim 1 and claim 1 has set forth each of the cups having a base. It is unclear which base is being referred to. For examination purposes, the limitation has been construed to be "wherein each of the cups is tri-spoke in a cross-sectional shape between the open top and the base of the respective cup".
Claim 28 recites the limitation "open tops of the shock absorbing elements". The claim has previously defined "each of the shock absorbing elements comprise a cup, each of the cups having an open top". It is unclear whether "open tops" in the limitation refers to the previously defined open tops or different open tops. For examination purposes, the limitation has been construed to be "the open tops of the shock absorbing elements".
Claim 28 recites the limitation "wherein the shock absorbing elements are hollow and free from the liner being disposed therein". It is unclear what item is "being disposed therein". It is also unclear what item is being referred to as to "therein". For examination purposes, the limitation has been construed to be "wherein the shock absorbing elements are hollow and free from the liner".
Claim 35 recites the limitation "wherein the cup open top is sealed against the liner of the helmet when the shock absorbing element is pressed against the liner". Claim 35 depends from claim 28, and claim 28 has set forth a plurality of shock absorbing elements and a plurality of cups each having an open top. It is unclear which open top is being referred to. It is also unclear which shock absorbing element is being referred to. For examination purposes, based on the specification, the limitation has been construed to be "wherein the open tops of at least a portion of the cups are sealed against the liner of the helmet when corresponding shock absorbing elements of the plurality of shock absorbing elements are pressed against the liner".
Claims 36-39 each recite the limitation "wherein the cups comprise a mouth along the open top". Claims 36-39 each depend from claim 28, and claim 28 has set forth each of the cups having an open top. It is unclear which open top is being referred to. In addition, it is understood that an open top of a cup is a mouth of the cup. It is unclear where the "mouth" of the cup is located. What is the difference between the mouth and the open top? Therefore, the metes and bounds of the claim are unclear and cannot be ascertained.
Claims 36-38 each recite the limitation "wherein the cups can compress in the mouth to base direction". First, as discussed above, it is unclear where the "mouth" is located. Second, it is unclear how to compress "in the mouth" to "base direction". Third, it is unclear what is being referred to by "base direction". For examination purposes, the limitation has been construed to be "wherein each of the cups can compress from a corresponding open top in a direction to a corresponding base". For examination purposes, the limitation has been construed to be "wherein each of the cups can be compressed in a direction from the open top toward the base of the respective cup".
Claim 39 recites the limitation "wherein the cups are tri-spoke in cross sectional shape between a mouth of the open top opening and the base". First, there is insufficient antecedent basis for "the open top opening" in the claim. It is unclear whether it refers to "the open top". Second, it is understood that an open top (opening) is a mouth of a cup. It is unclear what is being referred to by "a mouth of" an open top. What is the difference between the mouth and the open top? Third, claim 16 depends from claim 1 and claim 1 has set forth each of the cups having a base. It is unclear which base is being referred to. For examination purposes, the limitation has been construed to be "wherein each of the cups is tri-spoke in a cross-sectional shape between the open top and the base of the respective cup".
The remaining claims each depend from a rejected base claim and are likewise rejected.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 28-30, 32-33 and 35-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 28 recites the limitation "the shock absorber panel located over at least a crown of the wearer's head", which appears to be claiming at least a part of the human body which are not directed to statutory subject matter (i.e. human per se). See MPEP 2106, Section I. It is respectfully suggested that this rejection may be overcome by including a phrase such as "configured to," "adapted to," "when in use," "capable of" or "while being worn."
The remaining claims each depend from a rejected base claim and are likewise rejected.
Status of Claims
Claims 1-12, 14-30, 32-33 and 35-40 are free of prior art rejections due to a similar reason as discussed in the Office action dated 07/30/2026. However, the claims are subjected to objections and rejections as stated above.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied. Applicant's arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732
