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 claims 1-23 in the reply filed on October 21, 2025 is acknowledged.
Applicant’s arguments, see page 1, filed October 21, 2025, with regards to the election restriction have been fully considered and are persuasive. The election restriction mailed July 22 has been withdrawn.
Claims 1-23 are examined below.
Specification
The use of the term “BioThane®” (See paragraphs 00006, 00047, 00049, 00054, 00057), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks. Please capitalize every letter of the word of the trademark “BIO THANE®”.
Appropriate correction is required.
The disclosure is objected to because of the following informalities: The specification is objected to for the use of the acronym TPU or PVC without first providing the meaning of the acronym. (See paragraphs 00006, 00047, 00049, 00054, 00057), For examination purposes, TPU and PVC has been read as “Thermoplastic Polyurethane”, “Polyvinyl Chloride”; however, providing a definition for an abbreviation or an acronym is important since applicant can be their own lexicographer.
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, 3-8, 10-12, 14-19 and 21 (and the claims that depend therefrom claims 2-23) 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.
Claims 1 &12 are indefinite because the term “slidingly received in an upper connection slot formed in the front arch portion” in claims 1 &12 are relative terms which renders the claims indefinite. The term “slidingly received” 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 how slidingly received the upper coupler has to be to satisfy the claim. It is unclear what is meant by “slidingly received”, therefore, the metes and bounds of what is considered “slidingly received” in claims 1 &12 is unclear.
Claim 9 & 20 are rejected 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. It is unclear what “the elongated connection slots” is referring to and how it is structurally associated with, the connection slots. There is insufficient antecedent basis for this limitation in these claims.
Claims 3 & 14 are indefinite because the term “substantially symmetrically” in claims 3 & 14 are relative terms which renders the claims indefinite. The term “substantially symmetrically ” 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 how substantially symmetrically the distance apart has to be to satisfy the claim. It is unclear what is meant by “substantially symmetrically” versus symmetrical, therefore, the metes and bounds of what is considered “substantially symmetrically” in claims 3 & 14 is unclear.
Claims 4-5 and 15-16 are indefinite because the term “relative movement” in claims 4-5 and 15-16 are relative terms which renders the claims indefinite. The term “relative movement” 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 how to capture or measure the relative movement to satisfy the claim. It is unclear what is meant by “relative movement”. Therefore, the metes and bounds of what is considered “relative movement” in claims 4-5 and 15-16 is unclear.
Claims 6-8 and 17-19 are indefinite because the term “substantially reside” in claims 6-8 and 17-19 are relative terms which renders the claims indefinite. The term “substantially reside” 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 how to capture or measure substantially residing to satisfy the claim. It is unclear what is meant by “substantially reside”. Therefore, the metes and bounds of what is considered “substantially reside” in claims 6-8 and 17-19 is unclear.
Claims 10 & 21 are indefinite because the term “slidingly displaced” in claims 10 & 21 are relative terms which renders the claims indefinite. The term “slidingly displaced” 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 how to capture or measure slidingly displaced to satisfy the claim. It is unclear what is meant by “slidingly displaced”. Therefore, the metes and bounds of what is considered “slidingly displaced” in claims 10 & 21 is unclear.
Claims 11 & 21 are indefinite because the term “approximately 8 degrees” in claims 11 & 21 are relative terms which renders the claims indefinite. The term “approximately 8 degrees” 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 how to capture or measure approximately 8 degrees to satisfy the claim. It is unclear what is meant by “approximately 8 degrees”. Therefore, the metes and bounds of what is considered “approximately 8 degrees” in claims 11 & 21 is unclear.
Claims 4-8, 10, 13, 15, 17-19, it is not clear if the neutral position prior to impact, and then the position after the impact being received or impact force being applied are intended to be functional or structural. The use of functional language in a claim may fail "to provide a clear-cut indication of the scope of the subject matter embraced by the claim" and thus be indefinite. In addition the claim limitation do not recite the structure required for the neutral position. Therefore that claims are indefinite. For the purpose of examination, the positions are being treated as functional recitations.
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) 1-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kordecki (US 2016/0271483 A1) in view of Abraham, II (US 5,517,699).
As to claim 1, Kordecki disclose a football shoulder pad assembly (Shoulder Pads 2; Kordecki ~ regarding a football should pad assembly) worn by a player engaged in the play or practice of football, the football shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) comprising: a pair of curvilinear, continuous arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members), each arch member having a front arch portion (Figure 3 Paragraph 0054; teaching with and anterior 3 portion; Kordecki ~ regarding each arch member having a front arch portion) depending from an upper arch portion (superior portion 4; Kordecki) and a rear arch portion (Figure 5 and Paragraph 0054; teaching shoulder pad portion 9/ 9’ with and posterior 8 portion ~ regarding a rear arch portion) depending from the upper arch portion (superior portion 4; Kordecki), each arch member (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) configured to be worn over the shoulder of the player with the front arch portion (Figure 6 Paragraph 0054; teaching shoulder pad portion 9/ 9’ with and anterior 3 portion; Kordecki ~ regarding each arch member having a front arch portion) extending over an extent of a chest region of the player and the rear arch portion (Figure 5 and Paragraph 0054; teaching shoulder pad portion 9/ 9’ with and posterior 8 portion ~ regarding a rear arch portion) extending over an extent of a back region of the player (Figures 5-6; Kordecki),
each front arch portion (Figure 6 Paragraph 0054; teaching shoulder pad portion 9/ 9’ with and anterior 3 portion; Kordecki ~ regarding each arch member having a front arch portion) including an upper connection slot (posterior guidance channel 50; ~ regarding an upper connection slot) with an elongated configuration (Figures 5-7; Kordecki) and a lower connection aperture (Figure 3; Kordecki), and each rear arch portion (Figure 5 and Paragraph 0054; teaching shoulder pad portion 9/ 9’ with and posterior 8 portion ~ regarding a rear arch portion) including an upper connection slot (posterior guidance channel 50; ~ regarding an upper connection slot) with an elongated configuration (Figures 5-7; Kordecki)(Paragraphs 0065-0066; Kordecki teaching where the (rear arch portion) posterior end can have the same upper connection slot with an elongated configuration as disclosed for the front arch portion (anterior portion)); a front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) including a flexible upper strap (strap 44; Kordecki ~ regarding flexible upper strap), a front lower arch connector mechanism (release mechanism 7; Kordecki ~ regarding a front lower arch connector mechanism) including a flexible lower strap (strap 44; Kordecki ~ regarding flexible lower strap) and a pair of lower couplers (loop 42; ~ regarding lower couplers) secured at opposite end portions of the front lower strap (Figure 6 ; Kordecki), wherein each lower coupler pivots (loop 42; ~ regarding lower couplers) in said lower connection aperture (Figure 3 & 6; Kordecki); and a pair of upper couplers (loop 42; ~ regarding upper couplers), a rear upper arch connector mechanism (Paragraphs 0064-0066; Kordecki release mechanism 7; Kordecki ~ regarding rear upper arch connector mechanism) including a flexible upper strap (strap 44; Kordecki ~ regarding flexible upper strap) and a pair of upper couplers (loop 42; ~ regarding upper couplers).
Although Kordecki teaches a front and a rear upper arc connector (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) and a pair of upper couplers (loop 42; ~ regarding upper couplers); and a pair of upper couplers (loop 42; ~ regarding upper couplers). However, Kordecki fails to disclose a pair of upper couplers secured at opposite end portions of the flexible upper strap, wherein each upper coupler is slidingly received in said upper connection slot; and a pair of upper couplers secured at opposite end portions of the flexible upper strap, wherein each upper coupler is slidingly received in said upper connection slot.
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Abraham teaches devices for protecting the spine and discloses a pair of upper couplers (fastener patches 64; Abraham ~ regarding upper couplers) secured at opposite end portions of the flexible upper strap (frame strips 66; Abraham ~ regarding the flexible upper strap), wherein each upper coupler (fastener patches 64; Abraham ~ regarding upper couplers) is slidingly received in said upper connection slot (Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) (Figure 1 & 4; Abraham teaching where each upper coupler is capable of being slidingly received in said upper connection slot.); and a pair of upper couplers (fastener patches 64; Abraham ~ regarding upper couplers) secured at opposite end portions of the flexible upper strap (frame strips 66; Abraham ~ regarding the flexible upper strap) (Figure 1 & 4; Abraham), wherein each upper coupler (fastener patches 64; Abraham ~ regarding upper couplers) is slidingly received in said upper connection slot (Figures 1; Abraham showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66) to be received; Abraham ~ regarding upper connection slot) (Figure 1 & 4; Abraham teaching where each upper coupler is slightly received in said upper connection slot).
Therefore, based on Abraham’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Moses’s front and a rear upper arc connector pair of upper couplers to include upper couplers secured at opposite end portions of the flexible upper strap, wherein each upper coupler is slidingly received in said upper connection slot; upper couplers secured at opposite end portions of the flexible upper strap, wherein each upper coupler is slidingly received in said upper connection slot, as doing so would provide enhanced protection to the wearer’s spine while engaged in contact sports.
As to claim 2, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein the upper couplers ( modified loop 42; ~ regarding upper couplers; Kordecki with fastener patches 64; Abraham ~ regarding upper couplers) of the front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) are pins (Paragraphs 0025, 0027 0065; ~regarding pins) that are configured to slide within the connection slots (posterior guidance channel 50; ~ regarding an upper connection slot) in response to an impact applied to the protective shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly)(capable of sliding within the connection slots Figure 3-7; Kordecki).
As to claim 3, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members), are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), whereby in the neutral position the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are spaced a distance apart and are substantially symmetrically aligned about a midline sagittal plane such that corresponding exterior surfaces of the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) at the connector slots (Figures 1; Abraham showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66) to be received; Abraham ~ regarding upper connection slot) are substantially parallel to each other (Figures 1-7; Kordecki, specifically Figure 3 teaching that the shoulder pad assembly whereby in the neutral position the arch members are spaced a distance apart and are substantially symmetrically aligned about a midline sagittal plane such that corresponding exterior surfaces of the arch members at the connector slots are substantially parallel to each other).
As to claim 4, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), whereby in the neutral position the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are spaced a distance apart, and wherein when an impact is received by an extent of the pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), at least one of the experience relative movement and is displaced from the neutral position (Figures 3-7; Kordecki is capable of at least one of the arch members experiencing relative movement and is displaced from the neutral position.) (capable of whereby in the neutral position the arch members are spaced a distance apart, and wherein when an impact is received by an extent of the pad assembly at least one of the arch members experience relative movement and is displaced from the neutral position Figures 3-7; Kordecki).
As to claim 5, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein when an impact is received by an extent of the pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), the left and right arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) experience relative movement, and wherein the relative movement of the left and right arch members includes: (i) fore and aft movement of the body arch members, (ii) upward and downward shearing movement of the body arch members, and (iii) lateral movement of the body arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) about one or more pivot points of the lower arch connector mechanism (capable of wherein when an impact is received by an extent of the pad assembly the left and right arch members experience relative movement, and wherein the relative movement of the left and right arch members includes: (i) fore and aft movement of the body arch members, (ii) upward and downward shearing movement of the body arch members, and (iii) lateral movement of the body arch members about one or more pivot points of the lower arch connector mechanism Figures 3-7; Kordecki.) (see the rejection of claim 1 above).
As to claim 6, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly)(Figure 3-7; Kordecki), and wherein in the neutral position, the pair of front arch portions substantially reside in the same plane until an impact is received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) whereby the front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) allows a displacement of one of the front arch portion to another plane (capable displacement of one of the front arch portion to another plane Figures 1-7; Kordecki).
As to claim 7, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), and wherein in the neutral position, the pair of front arch portions substantially reside in the same plane until an impact is received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly)(Figure 3; Kordecki) whereby the front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) allows rotational displacement of one of the front arch portion to another plane (capable of wherein in the neutral position, the pair of front arch portions substantially reside in the same plane until an impact is received by the shoulder pad assembly allowing rotational displacement of one of the front arch portion to another plane Figures 3-7; Kordecki).
As to claim 8, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly)(Figure 3; Kordecki), and wherein in the neutral position, the pair of front arch portions (Figure 3; Kordecki) substantially reside in the same plane until an impact is received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) whereby the front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) allows shear displacement of one of the front arch portion with respect to the other front arch portion within the same plane (capable of whereby the front upper arch connector mechanism allows shear displacement of one of the front arch portion with respect to the other front arch portion within the same plane Figures 3-7; Kordecki).
As to claim 9, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) (Figure 3; Kordecki), and wherein the elongated connection slots (Figures 1; Abraham showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66) to be received; Abraham ~ regarding upper connection slot) have one of a linear, curvilinear, or arcuate configuration (Figure 3; Kordecki teaching the slot being a linear configuration).
As to claim 10, Kordecki/Abraham disclose the football shoulder pad assembly of claim 1, wherein the upper coupler (Figure 6; Kordecki) is slidingly displaced in the upper connection slot (modified posterior guidance channel 50; ~ regarding an upper connection slot with Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) in response to an impact force being applied to one of arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) (capable of being slidingly displaced in the upper connection slot in response to an impact force being applied to one of arch members, Figures 3-7 Kordecki).
As to claim 11, Kordecki/Abraham disclose the football shoulder pad assembly of claim 10, wherein the sliding displacement of the upper coupler (Figure 6; Kordecki) in the upper connector slot (modified posterior guidance channel 50; ~ regarding an upper connection slot with Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) is measured in terms of angular displacement that is approximately 8 degrees (capable of angular displacement that is approximately 8 degrees, Figures 3-7 Kordecki).
As to claim 12, Kordecki/Abraham disclose a football shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) worn by a player engaged in the play or practice of football, the football shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) comprising:
a left continuous arch member (left shoulder pad portion 9; Kordecki) and a right continuous arch member (right shoulder pad portion 9'; Kordecki) configured to be worn over the shoulder of the player whereby each arch member (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) has (i) a front arch portion (Figure 3 Paragraph 0054; teaching with and anterior 3 portion; Kordecki ~ regarding each arch member having a front arch portion) extending downward from an upper arch portion (superior portion 4; Kordecki) and over an extent of a chest region of the player and (ii) a rear arch portion (Figure 5 and Paragraph 0054; teaching shoulder pad portion 9/ 9’ with and posterior 8 portion ~ regarding a rear arch portion) extending downward from an upper arch portion (superior portion 4; Kordecki) and over an extent of a back region of the player (Figures 5-6; Kordecki);
a front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) including a flexible upper strap (strap 44; Kordecki ~ regarding flexible upper strap) and a pair of upper couplers (loop 42; ~ regarding upper couplers); a front lower arch connector mechanism (release mechanism 7; Kordecki ~ regarding a front lower arch connector mechanism) including a flexible lower strap (strap 44; Kordecki ~ regarding flexible lower strap) and a pair of lower couplers (loop 42; ~ regarding lower couplers) secured at opposite end portions of the front lower strap (Figure 6; Kordecki), wherein each lower coupler (loop 42; ~ regarding lower couplers) pivots in a lower connection aperture (Figure 3 & 6; Kordecki) formed in the front arch portion (Figure 3 & 6; Kordecki);
a rear upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a rear upper arch connector mechanism) including a flexible upper strap (strap 44; Kordecki ~ regarding flexible upper strap) and a pair of upper couplers (modified loop 42; ~ regarding upper couplers with frame struts 52, 54~ regarding a pair of upper couplers; as taught by Abraham); and a rear lower arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a rear upper arch connector mechanism) including a flexible lower strap (strap 44; Kordecki ~ regarding flexible lower strap) and a pair of lower couplers (loop 42; ~ regarding lower couplers) secured at opposite end portions of the front lower strap (Figure 6; Kordecki),
wherein each lower coupler (loop 42; ~ regarding lower couplers) pivots in a lower connection aperture (Figure 3 & 6; Kordecki) formed in the rear arch portion (Figure 5 and Paragraph 0054; teaching shoulder pad portion 9/ 9’ with and posterior 8 portion ~ regarding a rear arch portion).
Abraham teaches devices for protecting the spine and discloses a pair of upper couplers (fastener patches 64; Abraham ~ regarding upper couplers) secured at opposite end portions of the flexible upper strap (frame strips 66; Abraham ~ regarding the flexible upper strap), wherein each upper coupler (fastener patches 64; Abraham ~ regarding upper couplers) is slidingly received in said upper connection slot (Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) (Figure 1 & 4; Abraham teaching where each upper coupler is capable of being slidingly received in said upper connection slot.); and
a pair of upper couplers (fastener patches 64; Abraham ~ regarding upper couplers) secured at opposite end portions of the flexible upper strap (frame strips 66; Abraham ~ regarding the flexible upper strap) (Figure 1 & 4; Abraham), wherein each upper coupler (fastener patches 64; Abraham ~ regarding upper couplers) is slidingly received in said upper connection slot (Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) (Figure 1 & 4; Abraham teaching where each upper coupler is slightly received in said upper connection slot).
Therefore, based on Abraham’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Moses’s front and a rear upper arc connector pair of upper couplers to include upper couplers secured at opposite end portions of the flexible upper strap, wherein each upper coupler is slidingly received in said upper connection slot;
upper couplers secured at opposite end portions of the flexible upper strap, wherein each upper coupler is slidingly received in said upper connection slot, as doing so would provide enhanced protection to the wearer’s spine while engaged in contact sports.
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As to claim 13, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein the upper couplers ( modified loop 42; ~ regarding upper couplers; Kordecki with fastener patches 64; Abraham ~ regarding upper couplers) of the front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) are pins (Paragraphs 0025, 0027 0065; ~regarding pins) that are configured to slide within the connection slots (modified posterior guidance channel 50; ~ regarding an upper connection slot with Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) in response to an impact applied to the protective shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) (capable of sliding within the connection slots Figure 3-7; Kordecki).
As to claim 14, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), whereby in the neutral position the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are spaced a distance apart and are substantially symmetrically aligned about a midline sagittal plane such that corresponding exterior surfaces of the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) at the connection slots (modified posterior guidance channel 50; ~ regarding an upper connection slot with Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) are substantially parallel to each other (Figures 1-7; Kordecki, specifically Figure 3 teaching that the shoulder pad assembly whereby in the neutral position the arch members are spaced a distance apart and are substantially symmetrically aligned about a midline sagittal plane such that corresponding exterior surfaces of the arch members at the connector slots are substantially parallel to each other).
As to claim 15, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), whereby in the neutral position the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are spaced a distance apart, and wherein when an impact is received by an extent of the pad assembly, at least one of the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) experience relative movement and is displaced from the neutral position (Figures 3-7; Kordecki is capable of at least one of the arch members experiencing relative movement and is displaced from the neutral position.) (capable of whereby in the neutral position the arch members are spaced a distance apart, and wherein when an impact is received by an extent of the pad assembly at least one of the arch members experience relative movement and is displaced from the neutral position Figures 3-7; Kordecki).
As to claim 16, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein when an impact is received by an extent of the pad assembly, the left and right arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) experience relative movement, and wherein the relative movement of the left and right arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) includes: (i) fore and aft movement of the body arch members, (ii) upward and downward shearing movement of the body arch members, and (iii) lateral movement of the body arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) about one or more pivot points of the lower arch connector mechanism (capable of wherein when an impact is received by an extent of the pad assembly the left and right arch members experience relative movement, and wherein the relative movement of the left and right arch members includes: (i) fore and aft movement of the body arch members, (ii) upward and downward shearing movement of the body arch members, and (iii) lateral movement of the body arch members about one or more pivot points of the lower arch connector mechanism Figures 3-7; Kordecki.) (see the rejection of claim 1 above).
As to claim 17, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), and wherein in the neutral position, the pair of front arch portions substantially reside in the same plane until an impact is received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) whereby the front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) allows a displacement of one of the front arch portion to another plane (capable displacement of one of the front arch portion to another plane Figures 1-7; Kordecki).
As to claim 18, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), and wherein in the neutral position, the pair of front arch portions substantially reside in the same plane until an impact is received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) whereby the front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) allows rotational displacement of one of the front arch portion to another plane (capable of wherein in the neutral position, the pair of front arch portions substantially reside in the same plane until an impact is received by the shoulder pad assembly allowing rotational displacement of one of the front arch portion to another plane Figures 3-7; Kordecki).
As to claim 19, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), and wherein in the neutral position, the pair of front arch portions substantially reside in the same plane until an impact is received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly) whereby the front upper arch connector mechanism (elongated coupler 40; Kordecki ~ regarding a front upper arch connector mechanism) allows shear displacement of one of the front arch portion with respect to the other front arch portion within the same plane (capable of whereby the front upper arch connector mechanism allows shear displacement of one of the front arch portion with respect to the other front arch portion within the same plane Figures 3-7; Kordecki).
As to claim 20, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein the arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) are in a neutral position prior to an impact being received by the shoulder pad assembly (shoulder pads 2; Kordecki ~ regarding a football should pad assembly), and wherein the elongated connection slots (Figures 1; Abraham showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66) to be received; Abraham ~ regarding upper connection slot) have one of a linear, curvilinear, or arcuate configuration (Figure 3; Kordecki teaching the slot being a linear configuration).
As to claim 21, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein the upper coupler is slidingly displaced in the upper connection slot (modified posterior guidance channel 50; ~ regarding an upper connection slot with Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) in response to an impact force being applied to one of arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members), and wherein said sliding displacement of the upper coupler (modified loop 42; ~ regarding upper couplers; Kordecki with fastener patches 64; Abraham ~ regarding upper couplers) in the upper connector slot (modified posterior guidance channel 50; ~ regarding an upper connection slot with Figures 1 showing fastener patches 64 having an aperture for the flexible upper strap (frame strip 66 to be received; Abraham ~ regarding upper connection slot) is measured in terms of angular displacement that is approximately 8 degrees (capable of angular displacement that is approximately 8 degrees, Figures 3-7 Kordecki).
As to claim 22, Kordecki/Abraham disclose the football shoulder pad assembly of claim 12, wherein each of the left and right arch members (left 9 and right 9′ Shoulder Pad Portions; Kordecki ~ regarding a pair of curvilinear, continuous arch members) include a front lower strap connector mechanism (release mechanism 7; Kordecki ~ regarding a front lower arch connector mechanism) and a rear lower strap connector mechanism (Paragraphs 0064-0066; Kordecki release mechanism 7; Kordecki ~ a rear lower strap connector mechanism) to adjustably connect the front arch portions and the rear arch portion (Figure 5 and Paragraph 0054; teaching shoulder pad portion 9/ 9’ with and posterior 8 portion ~ regarding a rear arch portion) of the arch members (Paragraphs 0065-0066; Kordecki).
As to claim 23, Kordecki/Abraham disclose the football shoulder pad assembly of claim 22, wherein the front lower strap connector mechanism (release mechanism 7; Kordecki ~ regarding a front lower arch connector mechanism) and the rear lower strap connector mechanism (release mechanism 7; Kordecki ~ regarding the rear lower strap connector mechanism) include: (i) a flexible belt, (ii) a fastener extending through a pivot aperture formed in a lower extent of the front arch portion, (iii) a fastener slidingly received in a slot formed in a lower extent of the front arch portion, (iv) a fastener extending through a pivot aperture formed in a lower extent of the rear arch portion, and (v) a fastener slidingly received in a slot formed in a lower extent of the rear arch portion (Figures 7, 10-12 and 15-16; Kordecki).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure and can be found in PTO-892 for submitted herewith. The cited
prior art reference to Austin (US 2020/0275720 A1) is of particular relevance to the
claimed invention.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732