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 .
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 (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.
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.
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.
Claim(s) 1-4, 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuntz (CA 3014577). The device of Kuntz teaches,
With respect to claim 1, A cushion pad (600) for providing protection to equipment, the cushion pad comprising:
an internal structure (620) having shock-absorbing properties;
a bladder (806) enclosing the internal structure to define an internal volume of the internal structure (Figure 6);
and a valve (622) passing through the bladder and being in fluid communication with the internal structure (page 12, paragraph 2), the valve being configured to allow a passage of an airflow into or out of the internal structure, such that the internal pressure of the internal structure varies when an impact force is applied to the cushion pad. The language configured to allow a pass of airflow is a functional recitation. The valve of Kuntz in capable for use to allow airflow to pass in and out to of the internal structure and therefore meets the functional language, see MPEP 2114.
With respect to claim 2, wherein the valve is configured to control airflow out and resulting pressure inside of the internal structure proportional to the impact speed (page 12, paragraph 2 and 3). .
With respect to claim 3, wherein the valve (622) is configured to control airflow into the internal structure resulting in a delayed bladder shape recovery with limited impact spring-back. The language “configured to control airflow into the internal structure resulting in a delayed bladder recover with limited impact spring-back” is a functional recitation. The prior art teaches at the structure recited, a valve that is capable for use to control airflow and would be expected to be capable of performing the claimed function since the structure is the same as that which is claimed. See MPEP 2114.
With respect to claim 4, further comprising a vent (805) in fluid communication with the internal structure.
With respect to claim 5, further comprising support posts (410) positioned in a bottom portion of the cushion pad (Figure 4).
With respect to claim 6, wherein the bladder (806) is mechanically independent from the internal structure (page 13, paragraph 1).
With respect to claim 13, A cushion pad for providing protection to equipment, the cushion pad comprising :an internal structure (620) having shock-absorbing properties; and a bladder enclosing the internal structure (806).
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boutin (CA 3040596). The device of Boutin teaches,
With respect to claim 13, A method for manufacturing a cushion pad (209) for providing protection to equipment, the method comprising: additively forming an internal structure and a bladder of the cushion pad (Figure 7), wherein said additively forming the internal structure and the bladder comprises alternating between the internal structure and the bladder (Figure 7).
With respect to claim 14, wherein the bladder is mechanically independent from the internal structure. (Figure 7).
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.
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) 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuntz in view of Ferrara (US 7,895,681). The device of Kuntz teaches,
With respect to claim 7, A helmet comprising:
an outer shell (102) defining a cavity for receiving a head of a person (Figure 3);
a plurality of cushion pad (600) forming a liner of the helmet and wherein each cushion pad includes:
an internal structure (620) having shock-absorbing properties;
a bladder (806) enclosing the internal structure to define an internal volume of the internal structure; and a valve(622) passing through the bladder and being in fluid communication with the internal structure (page 12 paragraphs 2-3), the valve being configured to allow a passage of an airflow into or out of the internal structure, such that the internal pressure of the internal structure varies when an impact force is applied to the cushion pad. The language configured to allow a pass of airflow is a functional recitation. The valve of Kuntz in capable for use to allow airflow to pass in and out to of the internal structure and therefore meets the functional language, see MPEP 2114.
The device of Kuntz substantially discloses the claimed invention but is silent with respect to a support structure.
The device of Ferrara teaches a support structure (244) coupled to the outer shell and positioned within the cavity (Figure 19), the support structure comprising a web of support material (244) positioned in a spaced apart relation relative to the outer shell and defining a plurality of openings(248); a plurality of cushion pads provided within the respective openings of the web support material forming a liner (Figure 19).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the support structure taught by Ferrara in order to provide space for airflow ventilation and cooling.
With respect to claim 8, wherein the support structure is a head-shaped sling (the support structure mimics the shape of a the outer shell and is head shaped, the structure is spaced from the outer shell and meets the limitation of sling as currently recited).
With respect to claim 9, wherein the support structure is a planar sling (figure 19).
With respect to claim 10, A helmet comprising:
an outer shell (102) defining a cavity for receiving a head of a person (figure 3);
a support structure (600) coupled to the outer shell and positioned within the cavity (Figure 3), the support structure comprising: a web of support material (Figure 6) positioned in a spaced-apart (spaced inward) relation relative to the outer shell (Figure 3); the plurality of cushion pads forming a liner of the helmet, wherein each cushion pad includes:
an internal structure having shock-absorbing properties (620);
a bladder (806) enclosing the internal structure to define an internal volume of the internal structure (page 12, paragraph 2);
and a valve (622) passing through the bladder and being in fluid communication with the internal structure, the valve being configured to allow a passage of an airflow into or out of the internal structure, such that the internal pressure of the internal structure varies when an impact force is applied to the cushion pad (page 12, paragraphs 2-3).’
The device of Kuntz substantially discloses the claimed invention but is lacking cushion engaging members locking in the cushion pads.
The device of Ferrara teaches the support structure having cushion-engaging members (248) extending from the web of support material; and a plurality of cushion pads (220) locked to the cushion-engaging members.
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the engaging members in order to hold the cushion members in the desired position.
With respect to claim 11, wherein the support structure is a head-shaped sling (the support structure mimics the shape of a the outer shell and is head shaped, the structure is spaced from the outer shell and meets the limitation of sling as currently recited).
With respect to claim 12, wherein the support structure is a planar sling (figure 19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732
Prosecution Insights