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 .
The amendment and arguments filed on June 26, 2026 has been considered. In view of such the amendment has prompted this office action to be made FINAL and the arguments are moot.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting
provided the reference application or patent either is shown to be commonly owned with the
examined application, or claims an invention made as a result of activities undertaken within the
scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination
under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §
2146 et seq. for applications not subject to examination under the first inventor to file provisions
of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No.12,161,183. Although the claims at issue are not identical, they are not patentably distinct from each other because as follows
Pending Application ‘743
1. (Currently Amended) A physiological parameter monitoring system integrated with football equipment, the monitoring system comprising :a football 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 an electronic scan of a player's head [[:]] ;and,within a void located within an extent of the energy attenuation layer of the sports helmet, wherein the sensor assembly is configured to detect physiological parameter data experienced by the player while engaged in playing the contact sport.
2. (Currently Amended) The monitoring system of claim 1, further comprising :a control unit coupled to the sensor assembly and positioned within the football helmet, the control unit being configured to analyze and record the physiological parameter data experienced by the player and detected by the sensor assembly; 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]] derived from a previously recorded collection of physiological parameter data.
3. (Currently Amended) The
4. (Currently Amended) The monitoring 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. (Currently Amended) The monitoring 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. (Currently Amended) The monitoring 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. (Currently Amended) The monitoring 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. (Currently Amended) The monitoring 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. (Currently Amended) The monitoring 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. (Currently Amended) The monitoring system of claim 2, wherein the data acquired from the player's head
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.
Conflicting claims 1 of pending application ‘743 discloses a physiological parameter monitoring
system integrated with protectivethe monitoring system comprising :a
football 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 an
electronic scan of a player's head ; and,a sensor assembly positioned
within a void located within an extent of the energy attenuation layer of the sports helmet,
wherein the sensor assembly is configured to detect physiological parameter data experienced
by the player while engaged in playing the contact sport that is substantially structurally similar
to US patent disclosing 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. Further, it is inherent that
the protective sports equipment of US Patent ‘183 includes a protective football helmet as
disclosed in pending application ‘743 that acquires data from the player’s head. Additionally, the
data acquired from the player’s head as disclosed in claim 1 of US Patent ‘183 is inherently
acquired from an electronic scan gathering the data from the head as disclosed in pending
application ‘743.
Claims 21-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 20-26 of U.S. Patent No. 12,161,183. Although the claims at issue are not identical, they are not patentably distinct from each other because as follows:
Pending Application ‘743
21. (Currently Amended) The monitoring system of claim [[20]] 27, wherein the previously recorded collection of
22. (Currently Amended) The monitoring system of claim [[20]] 27, wherein (i) the previously recorded collection of
23. (Currently Amended) The monitoring system of claim 27, wherein (i) the
previously recorded collection of physiological parameter impact 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 impact data includes a sum of impacts said player has received over the impact time period physiological parameter impact data includes a sum of impacts said player has received over the impact time period.
24. (Currently Amended) The monitoring system of claim [[20]] wherein (i) the previously recorded collection of physiological parameter impact 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 impact data includes an impact load said player has received over the impact load time period.
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25. (Currently Amended) The monitoring system of claim [[20]] 27, 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 scan of the player's head.
26. (Currently Amended) The monitoring system of claim [[20]] 27, further comprising a graphical user interface (GUI) configured to:(i) receive a portion of the said transmitted physiological parameter impact data from the server,(ii) display an extent of the portion of said transmitted physiological parameter impact data, and(iii) selectively display the at least one training opportunity indicator.
27. (New) A system for monitoring impacts to a protective American football equipment worn by a player engaged in football activities, the monitoring system comprising :a monitoring unit that (i) resides within a piece of football equipment worn by a player engaged in football activities, (ii) detects impacts applied to said football equipment, and (iii) processes impact data associated with said detected impacts for subsequent transmission; a database that receives and stores impact data that (i) is associated with said detected impacts, and (ii) was processed and then transmitted by the monitoring unit;a server that automatically generates a report after a predetermined time interval, the report having at least one training opportunity indicator and a portion of the impact data that was received and stored by the database; and wherein said at least one training opportunity indicator is generated when the impact data transmitted by the monitoring unit exceeds a predetermined threshold that is based on a previously recorded collection of impact data.
US Patent ‘183
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 27 of pending application ’743 discloses a system for monitoring impacts to a protective
American football equipment worn by a player engaged in football activities, the monitoring
system comprising :a monitoring unit that (i) resides within a piece of football equipment worn
by a player engaged in football activities, (ii) detects impacts applied to said football equipment,
and (iii) processes impact data associated with said detected impacts for subsequent
transmission; a database that receives and stores impact data that (i) is associated with said
detected impacts, and (ii) was processed and then transmitted by the monitoring unit;a server that
automatically generates a report after a predetermined time interval, the report having at least
one training opportunity indicator and a portion of the impact data that was received and stored
by the database; and wherein said at least one training opportunity indicator is generated when
the impact data transmitted by the monitoring unit exceeds a predetermined threshold that is
based on a previously recorded collection of impact data that is substantially similar claim 20 of
US Patent ‘183 that discloses 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. Further, it is inherent that the protective sports
equipment of US Patent ‘183 includes a protective football helmet and/or a piece of football
equipment as disclosed in pending application ‘743 that acquires data from the player’s head.
Allowable Subject Matter
Claims 1-10 and 21-27 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejection(s) as set forth in this Office action.
Claim 11 with its respective dependent are allowable because the prior art does not teach or suggest the recitation therein including a physiological parameter monitoring system integrated with protective football equipment, the monitoring system having a monitoring unit
positioned within a piece of protective football equipment worn by a specific player; the
monitoring unit including :(i) at least one sensor configured to gather a set of raw physiological
parameter data, (ii) a control unit that compares the raw physiological parameter data against a
first threshold, whereby a portion of the raw physiological parameter data that exceeds the first
threshold defines a transmissible physiological parameter data;(iii) a transmitter that transmits
the transmissible physiological parameter data at a predetermined time interval; a database that
receives and stores the transmissible physiological parameter data from the transmitter data; a
server configured to:(i) determine a second threshold based on a previously recorded collection
of transmissible physiological parameter data,(ii) compare the transmissible physiological
parameter data against the second, whereby a portion of the transmissible physiological
parameter data exceeding the second threshold defines a cumulative physiological parameter
data, (iii) compare the transmissible physiological data against a third threshold, whereby a
portion of the transmissible physiological parameter data exceeding the third threshold defines a
single event physiological parameter data; a graphical user interface (GUI) configured to:(i)
receive both of cumulative physiological parameter data and said single event physiological
parameter data from the server,(ii) display said single event physiological parameter data for
said player, and(iii) selectively display a training opportunity indicator based upon at least one of
the cumulative physiological parameter data and the single event physiological parameter data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art refences cited on PTO-892 discloses a sports helmet having a monitoring sensor therein.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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September 17, 2026 /TAJASH D PATEL/Primary Examiner,
Art Unit 3732
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