DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on November 5, 2024 in which claims 1-7 are presented for examination.
Drawings
The drawings are objected to because Figure 1 contains more than one figure within the figure numbers. Each Figure should be labeled with a separate figure number (see 37 C.F.R. 1.84(u)) or be provided with connecting lead lines or brackets to show how the parts are interconnected.
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.
Claim Rejections - 35 USC § 112(b)
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.
Claim 7 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 pre-AIA the applicant regards as the invention.
Claim 7 recites “the cushioning plate is preferably made of a foam material”, which is indefinite, since it is unclear if the cushioning plate is required to be made of a foam material. Here, the limitation “preferably”, is a preference for the material, making it unclear if the foam material is part of the claimed invention.
All dependent claims are rejected for depending from a rejected base claim.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Behrend et al. (2013/0232674) in view of Nylund (2022/0095712).
Regarding claim 1, Behrend teaches, A cushioning structure for an anti-collision sports protector (100, figures 1-6), comprising an energy- absorbing plate and a cushioning plate, wherein the energy-absorbing plate and the cushioning plate are both made of elastic materials (“FIG. 4 depicts a back perspective of the protective pad 100, in accordance with aspects of the present invention. In this example, a damping component 201 is illustrated. The damping component 201 is comprised of a plurality of joining members 202 forming a network of interconnected members that, in combination, form a lattice-like structure.”, [0052], “An exemplary damping component 201 provides a damping effect for an impact force experienced by the impact shell 101. For example, the damping component 201 may absorb and/or dissipate some of the impact energy prior to its being transferred to the wearer of the protective pad 100. This damping, dissipation, and/or absorption effect may be accomplished through a variety of characteristics. For example, it is contemplated that an elastomeric material forms the damping component 201 in an exemplary aspect. An elastomeric material may include a thermoplastic elastomer, a thermoset elastomer, rubber, synthetic rubber, and other materials that demonstrate a low Young's modulus and a high yield strain.”, [0053], “it is contemplated that a skin layer 602 may be affixed to the outer surface 204 of the damping component 201 on one or more portions of the damping component 201 (as will be depicted in FIG. 28 hereinafter). The skin layer 602 has an outer surface 604 and an inner surface 606. The outer surface 604 is a skin-contacting (e.g., wearer-contacting) surface in an exemplary as-worn aspect.”, [0068], “The skin layer 602 may be a thin layer or film applied to the outer surface 204 to provide a more appealing skin contacting surface for a wearer when in an as-worn position. For example, it is contemplated that the skin layer may be formed from a thermoplastic elastomer (TPE).”, [0069], therefore, 100 comprising 201 and 602, wherein 201 and 602 are both made of elastic materials); the energy-absorbing plate comprises an annular frame, a plurality of energy-absorbing parts are arranged at an interval inside the annular frame, and two adjacent energy-absorbing parts are fixedly connected through a connecting block; a cavity is formed inside each of the energy- absorbing parts, a plurality of the energy-absorbing parts are combined to form an energy- absorbing net, the annular frame is fixedly connected to the energy-absorbing net (“FIG. 4 depicts a back perspective of the protective pad 100, in accordance with aspects of the present invention. In this example, a damping component 201 is illustrated. The damping component 201 is comprised of a plurality of joining members 202 forming a network of interconnected members that, in combination, form a lattice-like structure. For example, a mesh-like geometric pattern may be formed by the joining members.”, [0052], “The damping component 201 of FIG. 4 depicts an outer surface 204 formed by a plurality of interconnected joining members 202. The joining members 202 may be formed in a common manufacturing process, such as injection molding, such that the joining members as-a-whole form a lattice network of the damping component 201.”, [0055], “An extension member 208 may extend from the inner surface (206 in FIG. 6) of the damping component 201 outwardly toward the inner surface (104 in FIG. 6) of the impact shell 101. An extension member void may extend through at least a portion of the extension member. For example, an extension member void 214 is a cavity of space that passes through the outer surface of the damping component 201 through the offset length of the extension member and out the distal end of the extension member. However, it is contemplated that an extension member void may only extend a portion of the extension member and/or connecting member.”, [0059], therefore, 201 comprises an annotated annular frame, a plurality of 208 are arranged at an interval inside the annotated annular frame, and two adjacent 208 are fixedly connected through 202; 214 is formed inside each 208, a plurality of 208 are combined to form an energy-absorbing net, the annotated annular frame is fixedly connected to the energy-absorbing net, figures 1-6, annotated figures 5 and 6), and the cushioning plate covers an end of the annular frame (“it is contemplated that a skin layer 602 may be affixed to the outer surface 204 of the damping component 201 on one or more portions of the damping component 201 (as will be depicted in FIG. 28 hereinafter). The skin layer 602 has an outer surface 604 and an inner surface 606. The outer surface 604 is a skin-contacting (e.g., wearer-contacting) surface in an exemplary as-worn aspect.”, [0068], “The skin layer 602 may be a thin layer or film applied to the outer surface 204 to provide a more appealing skin contacting surface for a wearer when in an as-worn position. For example, it is contemplated that the skin layer may be formed from a thermoplastic elastomer (TPE).”, [0069], therefore, 602 covers an end of the annotated annular frame).
Behrend fails to teach, an inner side of the annular frame is fixedly connected to the energy-absorbing net.
Nylund, a protective structure for protective garments, Abstract, teaches, an inner side of the annular frame is fixedly connected to the energy-absorbing net (“The protective structure 100 comprises a mesh structure 105 and a border frame 106… The border frame surrounds the mesh structure at least partly. In this embodiment the border frame is a flat shelf. The border frame serves to support the mesh structure and in some embodiments, it also serves as a platform for fixing the protective structure to a garment or equipment. Also, in some embodiments the border frame can be used for attaching cushioning to the second surface. Some supporting fabric layers can be fixed to the border frame, too.”, [0047], therefore, an inner side of 106 is fixedly connected to 105, figures 1 and 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an inner side of the annular frame of Behrend as being fixedly connected to the energy-absorbing net as taught by Nylund in order to “support the mesh structure”, [0047].
Regarding claim 3, the combined references teach, wherein a cross section of each of the energy-absorbing parts is polygonal (Behrend, “As with the extension members, it is contemplated that an extension member void may have any shape, size, and/or orientation. For example, it is contemplated that an extension member void may have a similar cross-sectional shape to an associated extension member. Additionally, it is contemplated that an extension member void may have a different cross-section shape from an associated extension member. Examples of cross sectional shapes include, but are not limited to, circle, oval, rectangular, organic in nature, star-like, triangular, or any other shape.”, [0059], therefore, wherein a cross section of each of the energy-absorbing parts is polygonal).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Behrend et al. (2013/0232674)[Behrend] in view of Nylund (2022/0095712) in view of Brandt (2018/0289083).
Regarding claim 2, the combined references teach, the cavity (Behrend, 214, [0059], figures 4 and 5).
The combined references fail to teach, wherein a reinforcing rib is arranged in the cavity in an extending manner.
Brandt, an impact absorbing protective structure, Abstract, teaches, wherein a reinforcing rib is arranged in the cavity in an extending manner (“Referring now to FIG. 1D, a repetitive pattern of thickness taken along line B is illustrated. In the example shown in FIG. 1D, a unit 150 repeats over the component 100 along line B. In the example shown in FIG. 1D, each unit 150 comprises a pair of protrusions 152 having a first thickness 156. First thickness 156 may correspond to maximum thickness 120, but need not. As further shown in the example of FIG. 1D, unit 150 also possesses a second component 154 between first components 152. Second component 154 has a second thickness 158 that is less than the first thickness 156. Second thickness 158 may be at least the minimum thickness 130, but may be greater than minimum thickness 130.”, [0022], therefore, wherein 154 is arranged in the cavity in an extending manner, figure 1D).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cavity of the combined references with a reinforcing rib arranged in the cavity as taught by Brandt in order to provide a rib that “provide[s] different amounts of impact protection but may also provide enhanced impact protection by providing portions that are engaged at different time points during an impact…As the material forming the protective component absorbs the impact, additional portions of the component having varying thicknesses may be engaged, thereby absorbing additional force from the impact to lessen the undesirable effect on the player wearing the protective system.”, [0004].
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Allowable Subject Matter
Claims 4-6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2022/0361609 by Nylund discloses a protector with an energy absorbing net layer having energy absorbing parts and an upper cushion plate, the net layer and cushion plate being fit into ridges of an annular frame, see figure 2.
While 2022/0361609 by Nylund discloses a protector with an energy absorbing net layer having energy absorbing parts and an upper cushion plate, the net layer and cushion plate being fit into ridges of an annular frame, see figure 2. The cushioning plate does not cover an end of the annular frame as required by claim 1, in addition there is no cavity disclosed as being formed inside each of the energy absorbing parts, as also required by claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732