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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-8 and 17-18, 20 and 21) and Species A (figs. 1-4b) in the reply filed on September 24, 2025 is acknowledged. Applicant states the associated claims for the elected species are claims 1-18 and 21 (claims 1-8, 17, 18 and 21). Applicant further states that at least claims 1-3, 5, 8-13, 15, 16, 17 and 21 (respectively) are generic to all the species (see election pg. 5).
Upon further review of the claims, examiner respectfully disagrees with applicant’s assertion that claims 18 and 20 being associated with elected species A (i.e. Figs. 1-4b).
For instance, the claimed limitations or features of claim 18, specifically, “…a first curved portion and a second curved portion….a curved recess between the first curved portion and the second curved portion…” IS NOT shown in the elected species BUT INSTEAD in non-elected species C (i.e. Figs. 6a-6b). Therefore, examiner withdraws claim 18; emphasis added.
Additionally, the claimed limitations or features of claim 20 (which depends from claim 18), specifically, “…the first curved portion….the second curved portion…” IS NOT shown in the elected species BUT INSTEAD in non-elected species C (i.e. Figs. 6a-6b). Therefore, examiner withdraws claim 20; emphasis added.
Therefore, Claims 9-16, 18 and 20 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim.
In summary, claims 1-8, 17 and 21 (respectively) as being associated with the elected invention and species A and will be examined on their merits herein.
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 3-6 is/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 pre-AIA the applicant regards as the invention.
In claim 3, ln. 2-3, the phrase, “…at a non-vertical angle from a respective wall of the first set of walls…” renders the claim to be vague and indefinite because it is unclear as to what structural limitation(s) or relationship(s) is being encompassed with such language. The term, “…non-vertical angle…” is not defined by the claim, the specification DOES NOT provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In other words, the metes and bounds of the claim are unclear because what surface is vertical in relation to? Is vertical just 90 degrees or would any angle that has a vertical extend be excluded? With this in mind, further clarification is required.
As for claims 4-6, due to their dependencies from claim 3, they too have these deficiencies.
Examiner's note: The forgoing analysis may not be exhaustive. Applicant should carefully proofread all claims and make all necessary corrections.
Claim Rejections - 35 USC § 102
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 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 7-8, 17 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waldner (US 4840277 A; hereinafter Waldner).
Regarding claims 1 and 17, Waldner discloses cushion a bumper (12) comprising:
a base (14) member;
a cavity (44) sized to receive at least part of an object; and
a protrusion (34, 36 and 46) extending from the base member into the cavity and comprising a geometric shape configured to deform in the X-, Y-, and Z-directions in response to the application of a compressive force on the protrusion (Waldner Col. 2 ln. 50 – Col. 4 ln. 20 and Figs. 1-5).
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Regarding claim 2, Waldner further discloses wherein the protrusion comprises a first set of walls that each extend at an angle of less than 90 degrees from the base member (see annotated Waldner Fig. 5 above).
Regarding claim 7, Waldner further discloses an end wall member (16 and 26), wherein the protrusion extends from both the base member and the end wall member (see annotated Waldner Fig. 5 above).
Regarding claims 8 and 21, Waldner further discloses wherein the cushion bumper is formed from at least one of a foam material (specifically foam plastic; see Waldner Abstract & Col. 2 ln. 54-62).
Alternative art rejection(s):
Claims 1-2, 7-8, 17 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hopkins et al. (US 6499599 B1; hereinafter Hopkins).
Regarding claims 1 and 17, Hopkins discloses a bumper (10) comprising:
a base member (11);
a cavity (19) sized to receive at least part of an object; and
a protrusion (i.e. in the form of corrugations (16)) extending from the base member into the cavity and comprising a geometric shape configured to deform in the X-, Y-, and Z-directions in response to the application of a compressive force on the protrusion (Hopkins Col. 2 ln. 12 – Col. 3 ln. 3 and Figs. 1-4).
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Regarding claim 2, Hopkins further discloses wherein the protrusion comprises a first set of walls that each extend at an angle of less than 90 degrees from the base member (see annotated Hopkins Fig. 2 above).
Regarding claim 7, Hopkins further discloses an end wall member (12 and 17-18), wherein the protrusion extends from both the base member and the end wall member (see annotated Hopkins Fig. 2 above).
Regarding claims 8 and 21, Hopkins further discloses wherein the cushion bumper is formed from at least one of a foam material (specifically foam plastic; Hopkins Col. 2 ln. 66 – Col. 3 ln. 4).
Claims 1, 7-8, 17 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Merrell et al. (US 20130048534 A1; hereinafter Merrell).
Regarding claims 1 and 17, Merrell discloses a bumper embodiment (1; as shown in Figs. 8-11) comprising:
a base member (i.e. in the form of interior surface(s) 56, 58 and 60 that make up overall bumper);
a cavity (i.e. the void created once all the sides are folded or erected into an enclosing space) sized to receive at least part of an object; and
a protrusion (10 and 12) extending from the base member into the cavity and comprising a geometric shape configured to deform in the X-, Y-, and Z-directions in response to the application of a compressive force on the protrusion (Merrell [0049-0056]).
Regarding claim 7, Merrell further discloses an end wall member, wherein the protrusion extends from both the base member and the end wall member (see Merrell Figs. 8-11).
Regarding claims 8 and 21, Merrell further discloses wherein the cushion bumper is formed from at least one of a foam material (Merrell [0045]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited documents are listed on the attached PTO-892 form.
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIJESH V. PATEL whose telephone number is (571)270-1878. The examiner can normally be reached Monday - Thursday 6:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached on 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B. V. P./
Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736