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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-26 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-26 of prior U.S. Patent No.12,161,183. This is a statutory double patenting rejection.
Instant Application ‘743
1. A physiological parameter monitoring system for protective sports equipment, the monitoring system comprising: a protective sports helmet having an energy attenuation layer installed within a shell of the helmet, and wherein the energy attenuation layer includes at least one pre-manufactured component selected from a plurality of pre-manufactured components based on data acquired from a player’s head: a void positioned within an extent of the energy attenuation layer; and a monitoring unit having a sensor assembly positioned in said void, wherein the sensor assembly is configured to detect physiological parameter data experienced by the player while engaged in playing the contact sport.
2. The multi-functional system of claim 1, further comprising: a control unit coupled to the sensor assembly and positioned within the protective sports helmet, the control unit being configured to analyze and record the physiological parameter data experienced by the player; a remote terminal having a graphical user interface (GUI) configured to: (i) receive and display said analyzed and recorded physiological parameter data for the player, and (ii) selectively display a training opportunity indicator to an authorized user when said analyzed and recorded physiological parameter data for the player exceeds a predetermined threshold of a previously recorded collection of physiological parameter data.
3. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes a number of alertable impacts other similarly situated players have received over an alertable time period, and (ii) the player’s analyzed and recorded physiological parameter data includes a number of alertable impacts the player has received over the alertable time period.
4. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes a number of high magnitude impacts other similarly situated players have received over an high magnitude time period, and (ii) the player’s analyzed and recorded physiological parameter data includes a number of high magnitude impacts received by the player over the high magnitude time period.
5. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes a number of impacts other similarly situated players have received over an impact time period, and (ii) the player’s analyzed and recorded physiological parameter data includes a number of impacts the player has received over the impact time period.
6. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes an impact load other similarly situated players have received over an impact load time period, and (ii) the player’s analyzed and recorded physiological parameter data includes an impact load the player has received over the impact load time period.
7. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes an average historical number of high magnitude impacts the player has experienced and (ii) the player’s analyzed and recorded physiological parameter data includes an average recent number of high magnitude impacts the player has experienced.
8. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes an average historical number of impacts the player has experienced and (ii) the player’s analyzed and recorded physiological parameter data includes an average recent number of impacts the player has experienced.
9. The multi-functional system of claim 2, wherein the remote terminal is configured to display a report that is automatically generated based on a predetermined time interval and includes at least one training opportunity indicator.
10. The multi-functional system of claim 2, wherein the head data is acquired using an electronic handheld device that includes either a LiDAR sensor or a camera.
11. A physiological parameter monitoring system for protective sports equipment, the monitoring system comprising: a monitoring unit configured to: be positioned within a piece of protective sports equipment worn by a player; include: (i) at least one sensor configured to gather a physiological parameter data, and (ii) a control unit that analyzes the physiological parameter data by comparing the physiological parameter data against a first threshold; transmit the physiological parameter data at a predetermined interval to a database when the physiological parameter data exceeds the first threshold; wherein the database is configured to receive and store the transmitted physiological parameter data; a server configured to: (i) determine a predetermined threshold based on a previously recorded collection of physiological parameter data, (ii) compare the received and stored physiological parameter data against the predetermined threshold based on a previously recorded collection of physiological parameter data; a graphical user interface (GUI) configured to: (i) receive said analyzed physiological parameter data for said player from the server, (ii) display said analyzed physiological parameter data for said player, and (iii) selectively display a training opportunity indicator based upon the servers determination that said received and stored physiological parameter data exceeds the predetermined threshold based on the previously recorded collection of physiological parameter data.
12. The monitoring system of claim 11, wherein the previously recorded collection of physiological parameter data is any one of the following: (i)said player’s own historical data, and (ii) a team’s historical data.
13. The monitoring system of claim 11, wherein (i) the previously recorded collection of physiological parameter data includes a sum of alertable impacts other similarly situated players have received over an alertable time period, and (ii) said player’s received and stored physiological parameter data includes a sum of alertable impacts the player has received over the alertable time period.
14. The monitoring system of claim 11, wherein (i) the previously recorded collection of physiological parameter data includes a sum of impacts other similarly situated players have received over an impact time period, and (ii) said player’s received and stored physiological parameter data includes a sum of impacts the player has received over the impact time period.
15. The monitoring system of claim 11, wherein (i) the previously recorded collection of physiological parameter data includes an impact load other similarly situated players have received over an impact load time period, and (ii) said player’s received and stored physiological parameter data includes an impact load the player has received over the impact load time period.
16. The monitoring system of claim 11, wherein (i) the previously recorded collection of physiological parameter data includes an average historical number of high magnitude impacts the player has experienced and (ii) said player’s received and stored physiological parameter data includes an average recent number of high magnitude impacts the player has experienced.
17. The monitoring system of claim 11, wherein an individual monitoring unit is associated with a specific player by programming into the monitoring unit at least one threshold that is based on that player’s playing level and position.
18. The monitoring system of claim 11, wherein the server is configured to automatically generate a report that includes at least one training opportunity indicator appropriate for said player.
19. The monitoring system of claim 11, wherein the piece of protective sports equipment is a protective sports helmet having an energy attenuation layer installed within a shell of the helmet, and wherein the energy attenuation layer includes at least one pre-manufactured component selected from a plurality of pre-manufactured components based on data acquired from a player’s head using an electronic device.
20. A system for monitoring a physiological parameter of player wearing protective sports equipment, the monitoring system comprising: a monitoring unit configured to be positioned within a piece of protective sports equipment worn by a player and transmit physiological parameter data to a database; the database configured to receive and store the transmitted physiological parameter data; a server configured to automatically generate a report after a predetermined time interval, the report having at least one training opportunity indicator and a portion of the received and stored physiological parameter data; and wherein said at least one training opportunity indicator is generated when the transmitted physiological parameter data exceeds a predetermined threshold that is based on a previously recorded collection of physiological parameter data.
21. The monitoring system of claim 20, wherein the previously recorded collection of physiological parameter data is any one of the following: (i)said player’s own historical data, (ii) a team’s historical data, and (iii) a non-team group of player’s historical data.
22. The monitoring system of claim 20, wherein (i) the previously recorded collection of physiological parameter data includes a sum of alertable impacts other similarly situated players have received over an alertable time period, and (ii) said player’s transmitted physiological parameter data includes a sum of alertable impacts said player has received over the alertable time period.
23. The monitoring system of claim 20, wherein (i) the previously recorded collection of physiological parameter data includes a sum of impacts other similarly situated players have received over an impact time period, and (ii) said player’s transmitted physiological parameter data includes a sum of impacts said player has received over the impact time period.
24. The monitoring system of claim 20, wherein (i) the previously recorded collection of physiological parameter data includes an impact load other similarly situated players have received over an impact load time period, and (ii) said player’s transmitted physiological parameter data includes an impact load said player has received over the impact load time period.
25. The monitoring system of claim 20, wherein the piece of protective sports equipment is a protective sports helmet having an energy attenuation layer installed within a shell of the helmet, and wherein the energy attenuation layer includes at least one pre-manufactured component selected from a plurality of pre-manufactured components based on data acquired from a player’s head.
26. The monitoring system of claim 20, further comprising a graphical user interface (GUI) configured to: (i) receive a portion of the said transmitted physiological parameter data from the server, (ii) display an extent of the portion of said transmitted physiological parameter data, and (iii) selectively display the at least one training opportunity indicator.
US Patent ‘183
1. A physiological parameter monitoring system for protective sports equipment, the monitoring system comprising: a protective sports helmet having an energy attenuation layer installed within a shell of the helmet, and wherein the energy attenuation layer includes at least one pre-manufactured component selected from a plurality of pre-manufactured components based on data acquired from a player's head: a void positioned within an extent of the energy attenuation layer; and a monitoring unit having a sensor assembly positioned in said void, wherein the sensor assembly is configured to detect physiological parameter data experienced by the player while engaged in playing the contact sport.
2. The multi-functional system of claim 1, further comprising: a control unit coupled to the sensor assembly and positioned within the protective sports helmet, the control unit being configured to analyze and record the physiological parameter data experienced by the player; a remote terminal having a graphical user interface (GUI) configured to: (i) receive and display said analyzed and recorded physiological parameter data for the player, and (ii) selectively display a training opportunity indicator to an authorized user when said analyzed and recorded physiological parameter data for the player exceeds a predetermined threshold of a previously recorded collection of physiological parameter data.
3. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes a number of alertable impacts other similarly situated players have received over an alertable time period, and (ii) the player's analyzed and recorded physiological parameter data includes a number of alertable impacts the player has received over the alertable time period.
4. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes a number of high magnitude impacts other similarly situated players have received over an high magnitude time period, and (ii) the player's analyzed and recorded physiological parameter data includes a number of high magnitude impacts received by the player over the high magnitude time period.
5. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes a number of impacts other similarly situated players have received over an impact time period, and (ii) the player's analyzed and recorded physiological parameter data includes a number of impacts the player has received over the impact time period.
6. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes an impact load other similarly situated players have received over an impact load time period, and (ii) the player's analyzed and recorded physiological parameter data includes an impact load the player has received over the impact load time period.
7. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes an average historical number of high magnitude impacts the player has experienced and (ii) the player's analyzed and recorded physiological parameter data includes an average recent number of high magnitude impacts the player has experienced.
8. The multi-functional system of claim 2, wherein (i) the previously recorded collection of physiological parameter data includes an average historical number of impacts the player has experienced and (ii) the player's analyzed and recorded physiological parameter data includes an average recent number of impacts the player has experienced.
9. The multi-functional system of claim 2, wherein the remote terminal is configured to display a report that is automatically generated based on a predetermined time interval and includes at least one training opportunity indicator.
10. The multi-functional system of claim 2, wherein the head data is acquired using an electronic handheld device that includes either a LiDAR sensor or a camera.
11. A physiological parameter monitoring system for protective sports equipment, the monitoring system comprising: a monitoring unit configured to: be positioned within a piece of protective sports equipment worn by a player; include: (i) at least one sensor configured to gather a physiological parameter data, and (ii) a control unit that analyzes the physiological parameter data by comparing the physiological parameter data against a first threshold; transmit the physiological parameter data at a predetermined interval to a database when the physiological parameter data exceeds the first threshold; wherein the database is configured to receive and store the transmitted physiological parameter data; a server configured to: (i) determine a predetermined threshold based on a previously recorded collection of physiological parameter data, (ii) compare the received and stored physiological parameter data against the predetermined threshold based on a previously recorded collection of physiological parameter data; a graphical user interface (GUI) configured to: (i) receive said analyzed physiological parameter data for said player from the server, (ii) display said analyzed physiological parameter data for said player, and (iii) selectively display a training opportunity indicator based upon the servers determination that said received and stored physiological parameter data exceeds the predetermined threshold based on the previously recorded collection of physiological parameter data.
12. The monitoring system of claim 11, wherein the previously recorded collection of physiological parameter data is any one of the following: (i) said player's own historical data, and (ii) a team's historical data.
13. The monitoring system of claim 11, wherein (i) the previously recorded collection of physiological parameter data includes a sum of alertable impacts other similarly situated players have received over an alertable time period, and (ii) said player's received and stored physiological parameter data includes a sum of alertable impacts the player has received over the alertable time period.
14. The monitoring system of claim 11, wherein (i) the previously recorded collection of physiological parameter data includes a sum of impacts other similarly situated players have received over an impact time period, and (ii) said player's received and stored physiological parameter data includes a sum of impacts the player has received over the impact time period.
15. The monitoring system of claim 11, wherein (i) the previously recorded collection of physiological parameter data includes an impact load other similarly situated players have received over an impact load time period, and (ii) said player's received and stored physiological parameter data includes an impact load the player has received over the impact load time period.
16. The monitoring system of claim 11, wherein (i) the previously recorded collection of physiological parameter data includes an average historical number of high magnitude impacts the player has experienced and (ii) said player's received and stored physiological parameter data includes an average recent number of high magnitude impacts the player has experienced.
17. The monitoring system of claim 11, wherein an individual monitoring unit is associated with a specific player by programming into the monitoring unit at least one threshold that is based on that player's playing level and position.
18. The monitoring system of claim 11, wherein the server is configured to automatically generate a report that includes at least one training opportunity indicator appropriate for said player.
19. The monitoring system of claim 11, wherein the piece of protective sports equipment is a protective sports helmet having an energy attenuation layer installed within a shell of the helmet, and wherein the energy attenuation layer includes at least one pre-manufactured component selected from a plurality of pre-manufactured components based on data acquired from a player's head using an electronic device.
20. A system for monitoring a physiological parameter of player wearing protective sports equipment, the monitoring system comprising: a monitoring unit configured to be positioned within a piece of protective sports equipment worn by a player and transmit physiological parameter data to a database; the database configured to receive and store the transmitted physiological parameter data; a server configured to automatically generate a report after a predetermined time interval, the report having at least one training opportunity indicator and a portion of the received and stored physiological parameter data; and wherein said at least one training opportunity indicator is generated when the transmitted physiological parameter data exceeds a predetermined threshold that is based on a previously recorded collection of physiological parameter data.
21. The monitoring system of claim 20, wherein the previously recorded collection of physiological parameter data is any one of the following: (i) said player's own historical data, (ii) a team's historical data, and (iii) a non-team group of player's historical data.
22. The monitoring system of claim 20, wherein (i) the previously recorded collection of physiological parameter data includes a sum of alertable impacts other similarly situated players have received over an alertable time period, and (ii) said player's transmitted physiological parameter data includes a sum of alertable impacts said player has received over the alertable time period.
23. The monitoring system of claim 20, wherein (i) the previously recorded collection of physiological parameter data includes a sum of impacts other similarly situated players have received over an impact time period, and (ii) said player's transmitted physiological parameter data includes a sum of impacts said player has received over the impact time period.
24. The monitoring system of claim 20, wherein (i) the previously recorded collection of physiological parameter data includes an impact load other similarly situated players have received over an impact load time period, and (ii) said player's transmitted physiological parameter data includes an impact load said player has received over the impact load time period.
25. The monitoring system of claim 20, wherein the piece of protective sports equipment is a protective sports helmet having an energy attenuation layer installed within a shell of the helmet, and wherein the energy attenuation layer includes at least one pre-manufactured component selected from a plurality of pre-manufactured components based on data acquired from a player's head.
26. The monitoring system of claim 20, further comprising a graphical user interface (GUI) configured to: (i) receive a portion of the said transmitted physiological parameter data from the server, (ii) display an extent of the portion of said transmitted physiological parameter data, and (iii) selectively display the at least one training opportunity indicator.
Claim Rejections - 35 USC § 103
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Greenwald et al. (US 2005/0177929). Greenwald et al. (hereinafter Greenwald) discloses a physiological parameter monitoring system (30) used during all practice and game situations for teams and multiple players for protective sports equipment, the monitoring system including a protective sports helmet (32) having an energy attenuation layer (26) installed within a shell of the helmet and wherein the energy attenuation layer includes at least one pre-manufactured component/bladder (22) and a void positioned within an extent of the energy attenuation layer and a monitoring unit having a sensor assembly/accelerometer (14) positioned in the void, wherein the sensor assembly is configured to detect physiological parameter data experienced and acquired by the player through a control unit (36) and a base recording station (36) being displayed on laptop/PC (40) while engaged in playing the contact sport, subparagraphs 57-61 and as shown in figure 6. However, Greenwald does not show at least one pre-manufactured component selected from a plurality of pre-manufactured components.
Subparagraph 58 of Greenwald discloses the at least one pre-manufactured component
(22) of the helmet having a foam covering being possible . Therefore, it would have been
obvious to one skilled in the art before the effective date of the claimed invention that the at least
one pre-manufactured components (22) of Greenwald with the foam covering forms a plurality
of pre-manufactured components as shown in figure 5 that can be selected for desired impact
protection or as required for a particular application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the prior art references cited on PTO-892 discloses a helmet having a monitoring sensor therein.
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February 5, 2024 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732