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 .
Specification
The disclosure is objected to because of the following informalities:
Par. [0025], line 3, two instances of “chin relief structure 5” should read ---chin relief structure 15---
Par. [0025], line 4, “chin relief structure 5” should read ---chin relief structure 15---
Par. [0025], line 5, “chin relief structure 5” should read ---chin relief structure 15---
Par. [0026], line 2, “chin relief structure 5” should read ---chin relief structure 15---
Appropriate correction is required.
Claim Objections
Claim 14 is objected to because of the following informalities:
Claim 14, “wherein chin relief structure” should read ---wherein the chin relief structure---
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.
Claim 5 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 5 recites “the another shoulder relief structure” in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this claim should instead depend from claim 4, which introduces the limitation of another shoulder relief structure.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Roque et al. (US 11,311,062) and further in view of Buhler (US 4,272,847).
Regarding independent claim 1, Roque et al. teaches a chest plate (plate portion 12) comprising:
a front surface (18) having a top edge (221, 222, 228) and bottom edge (224, 225, 226);
a back surface (20) located opposite of the front surface;
a first side edge (223) and a second side edge (227) connecting the top edge to the bottom edge;
wherein the first side edge has a shoulder relief structure adjacent to the top edge and the second side edge (in the broadest reasonable interpretation, concave portion of first side edge 223 constitutes a shoulder relief structure; concave portion of first side edge 223 is adjacent to top edge 221, 222, 228 and, insomuch as applicant has shown the same, is adjacent to the second side edge 227);
wherein the top edge forms a "u" shaped chin relief structure (concave portion 221 of top edge constitutes a “u” shaped chin relief structure); and
the front surface and the back surface have an opening formed therebetween for diaphragm relief (in the broadest reasonable interpretation and absent further structural requirements, center opening 24 constitutes an opening for diaphragm relief; col. 11 lines 24-26, “the plurality of passages 24 extend through the thickness T16 of the body 16”).
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Roque et al. does not teach wherein the shoulder relief structure has shoulder angle portions that form an angle between at least two of the shoulder angle portions.
Buhler, in the same field of endeavor with regards to chest plates, teaches a chest plate (chest protecting portion 12) comprising a first side edge and a second side edge (annotated Fig. 1), where each of the first side edge and the second side edge have a shoulder relief structure adjacent the top edge and each other, wherein the shoulder relief structures have shoulder angle portions that form an angle between at least two of the shoulder angle portions (i.e., two straight portions of side edge that form angle of shoulder relief structure).
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As Roque et al. teaches the shape of the side edges may be selected to form any desirable shape (col. 12 lines 14-16, “the plurality of side surface segments 221-228 may be selectively shaped to form a plate portion 12 having any desirable shape”), it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the shape of the first and second side edges to each include a shoulder relief structure having shoulder angle portions that form an angle between at least two of the shoulder angle portions, as is similarly taught by Buhler, as a matter of obvious design choice to select a suitable desirable shape that accommodates the anatomy of a human upper torso and provides an ergonomically comfortable chest plate shape. It has been held that a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See MPEP 2144.04(IV)(B).
Regarding claim 2, Roque et al. as modified by Buhler further teaches wherein the at least two shoulder angle portions of the shoulder relief structure form an obtuse angle (as modified by Buhler, see Buhler annotated Fig. 1 above showing obtuse angle between shoulder angle portions of shoulder relief structure).
Regarding claim 3, Roque et al. as modified by Buhler appears to teach wherein the at least two shoulder angle portions of the shoulder relief structure form an obtuse angle greater than 120 degrees (as modified by Buhler, see Buhler annotated Fig. 1 above). However, should it be determined the obtuse angle is not greater than 120 degrees, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the angle between the shoulder angle portions of the shoulder relief structure of Roque et al. as modified by Buhler as an obvious matter of design choice to select a suitable desirable shape created by the angle between the shoulder angle portions of the shoulder relief structure that accommodates the anatomy of a human upper torso and provides an ergonomically comfortable chest plate shape. It has been held that a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See MPEP 2144.04(IV)(B).
Regarding claim 4, Roque et al. as modified by Buhler further teaches wherein the second side edge has another shoulder relief structure (as modified by Buhler, see rejection to claim 1 above).
Regarding claim 5, Roque et al. as modified by Buhler further teaches wherein the another shoulder relief structure (interpreted as a shoulder relief structure of the second side edge) has at least two other shoulder angle portion that form an obtuse angle (as modified by Buhler, see rejection to claim 1 above and see Buhler annotated Fig. 1 above showing obtuse angle between shoulder angle portions of shoulder relief structure of the second side edge).
Regarding claim 6, Roque et al. as modified by Buhler further teaches wherein the opening is formed by a diaphragm relief structure (absent further structural requirements, the triangular shape of the center opening 24 constitutes a diaphragm relief structure that forms the center opening 24).
Regarding claim 7, Roque et al. as modified by Buhler does not teach wherein the front surface has more material closer to the top edge than the bottom edge. However, as Roque et al. teaches the shape of the chest plate may be selected to form any desirable shape (col. 12 lines 14-16, “the plurality of side surface segments 221-228 may be selectively shaped to form a plate portion 12 having any desirable shape”) and the number and shape of the openings (24 of Roque et al.) may be selected in any desirable number or configuration (Roque et al. col. 40 lines 7-17, “Furthermore, as comparatively seen in each of, for example, FIGS. 3 and 25, the passages 24, 724 may be formed to include any desirable geometry such as, for example: substantially square-shaped geometries, substantially rectangular-shaped geometries, substantially triangular-shaped geometries, substantially circular geometries and the like. In view of the above-described structure of the passages 24, 724, the other above-described plate portions 212, 312, 412, 512 may also include any desirable number of passages 224, 324, 424, 524 as well as any desirable geometric shape of the passages 224, 324, 424, 524”), it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the shape of the chest plate and the size/configuration of the openings of Roque et al. in view of Buhler such that the front surface has more material closer to the top edge than the bottom edge as a matter of obvious design choice to select a suitable desirable shape that accommodates the anatomy of a human upper torso and provides an ergonomically comfortable chest plate shape. It has been held that a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See MPEP 2144.04(IV)(B).
Regarding claim 8, Roque et al. as modified by Buhler further teaches wherein the top edge (221, 222, 228) has a smaller width than the bottom edge (224, 225, 226; see Fig. 1 of Roque et al.).
Regarding claim 9, Roque et al. as modified by Buhler further teaches wherein the back surface (20) has a sternum relief structure formed proximate the top edge (in the broadest reasonable interpretation and absent further structural requirements, the central body portion 16e forms a sternum relief structure when engaged with plate container portion 14 as it forms a concave structure over the sternum of a user; see Figs. 7A-7C and 8B).
Regarding claim 10, Roque et al. as modified by Buhler teaches wherein the bottom edge is curved (see curved portions 224, 226 of bottom edge formed by 224, 225, 226).
Regarding independent claim 11, Roque et al. teaches a chest plate (plate portion 12) for exercising (the invention of Roque et al. is capable of being used during performance of exercises) comprising:
a top edge (221, 222, 228) and bottom edge (224, 225, 226), wherein a front surface (18) and a rear surface (20) are formed between the top edge and the bottom edge, the front surface being opposite to the rear surface (see Fig. 1A);
a first side edge (223) extending between the top edge and the bottom edge;
a second side edge (227) extending between the top edge and the bottom edge;
shoulder relief structures formed by the first side edge and the second side edge (in the broadest reasonable interpretation, concave portions of first side edge 223 and second side edge 227 constitute shoulder relief structures);
wherein the top edge has a chin relief structure formed by a depressed portion (concave portion 221 of top edge forms chin relief structure in the form of a depression) adapted to provide chin relief (concave portion 221 is capable of providing chin relief); and
a diaphragm relief structure forming an opening (absent further structural requirements, the triangular shape of the center opening 24 constitutes a diaphragm relief structure that forms the center opening 24) between the front surface and the rear surface (col. 11 lines 24-26, “the plurality of passages 24 extend through the thickness T16 of the body 16”).
Roque et al. does not teach wherein the shoulder relief structures have shoulder angle portions forming angles.
Buhler, in the same field of endeavor with regards to chest plates, teaches a chest plate (chest protecting portion 12) comprising a first side edge and a second side edge (annotated Fig. 1), where each of the first side edge and the second side edge form a shoulder relief structure, wherein the shoulder relief structures have shoulder angle portions that form angles (i.e., two straight portions of side edge that form angle of shoulder relief structure).
As Roque et al. teaches the shape of the side edges may be selected to form any desirable shape (col. 12 lines 14-16, “the plurality of side surface segments 221-228 may be selectively shaped to form a plate portion 12 having any desirable shape”), it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the shape of the first and second side edges to each form a shoulder relief structure having shoulder angle portions that form an angle, as is similarly taught by Buhler, as a matter of obvious design choice to select a suitable desirable shape that accommodates the anatomy of a human upper torso and provides an ergonomically comfortable chest plate shape. It has been held that a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See MPEP 2144.04(IV)(B).
Regarding claim 12, Roque et al. as modified by Buhler further teaches wherein the angles formed are obtuse angles (as modified by Buhler, see Buhler annotated Fig. 1 above showing obtuse angles between shoulder angle portions of shoulder relief structures).
Regarding claim 13, Roque et al. as modified by Buhler appears to teach wherein the angles formed are obtuse angles greater than 120 degrees (as modified by Buhler, see Buhler annotated Fig. 1 above). However, should it be determined the obtuse angles are not greater than 120 degrees, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the angles between the shoulder angle portions of the shoulder relief structures of Roque et al. as modified by Buhler as an obvious matter of design choice to select a suitable desirable shape created by the angles between the shoulder angle portions of the shoulder relief structures that accommodates the anatomy of a human upper torso and provides an ergonomically comfortable chest plate shape. It has been held that a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See MPEP 2144.04(IV)(B).
Regarding claim 14, Roque et al. as modified by Buhler further teaches wherein the chin relief structure is “U” shaped (concave portion 221 of top edge forms “U” shaped chin relief structure).
Regarding claim 15, Roque et al. as modified by Buhler does not teach wherein the front surface has more material closer to the top edge than the bottom edge. However, as Roque et al. teaches the shape of the chest plate may be selected to form any desirable shape (col. 12 lines 14-16, “the plurality of side surface segments 221-228 may be selectively shaped to form a plate portion 12 having any desirable shape”) and the number and shape of the openings (24 of Roque et al.) may be selected in any desirable number or configuration (Roque et al. col. 40 lines 7-17, “Furthermore, as comparatively seen in each of, for example, FIGS. 3 and 25, the passages 24, 724 may be formed to include any desirable geometry such as, for example: substantially square-shaped geometries, substantially rectangular-shaped geometries, substantially triangular-shaped geometries, substantially circular geometries and the like. In view of the above-described structure of the passages 24, 724, the other above-described plate portions 212, 312, 412, 512 may also include any desirable number of passages 224, 324, 424, 524 as well as any desirable geometric shape of the passages 224, 324, 424, 524”), it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the shape of the chest plate and the size/configuration of the openings of Roque et al. in view of Buhler such that the front surface has more material closer to the top edge than the bottom edge as a matter of obvious design choice to select a suitable desirable shape that accommodates the anatomy of a human upper torso and provides an ergonomically comfortable chest plate shape. It has been held that a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See MPEP 2144.04(IV)(B).
Regarding claim 16, Roque et al. as modified by Buhler further teaches wherein the top edge (221, 222, 228) has a smaller width than the bottom edge (224, 225, 226; see Fig. 1 of Roque et al.).
Regarding claim 17, Roque et al. as modified by Buhler further teaches wherein the back surface (20) has a sternum relief structure formed proximate the top edge (in the broadest reasonable interpretation and absent further structural requirements, the central body portion 16e forms a sternum relief structure when engaged with plate container portion 14 as it forms a concave structure over the sternum of a user; see Figs. 7A-7C and 8B).
Regarding claim 18, Roque et al. as modified by Buhler further teaches wherein the sternum relief structure is formed as a depression in the rear surface (when plate portion 12 is engaged with plate container portion 14, the central body portion 16e forms a depression in the rear surface).
Regarding claim 19, Roque et al. as modified by Buhler further teaches wherein the bottom edge is curved (see curved portions 224, 226 of bottom edge formed by 224, 225, 226).
Regarding claim 20, Roque et al. as modified by Buhler does not teach wherein a length of the opening (central opening 24) is larger than a width of the opening. However, as Roque et al. teaches a shape of the openings (24 of Roque et al.) may be selected in any desirable configuration (Roque et al. col. 40 lines 7-13, “Furthermore, as comparatively seen in each of, for example, FIGS. 3 and 25, the passages 24, 724 may be formed to include any desirable geometry such as, for example: substantially square-shaped geometries, substantially rectangular-shaped geometries, substantially triangular-shaped geometries, substantially circular geometries and the like”), it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the shape of the opening of Roque et al. in view of Buhler such that a length of the opening is larger than a width of the opening as a matter of obvious design choice to select a suitable desirable shape for the opening that provides an ergonomically comfortable and lightweight chest plate. It has been held that a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of criticality or unexpected results. See MPEP 2144.04(IV)(B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for additional pertinent prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN FISK whose telephone number is (571)272-1042. The examiner can normally be reached 8AM-4PM M-F (Central).
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, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHLEEN M FISK/Examiner, Art Unit 3784