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 made on June 9, 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-26 of U.S. Patent No. 12,478,126. Although the claims at issue are not identical, they are not patentably distinct from each other because as follows:
Instant Application ‘180
21. (New) A method for testing an American football helmet, the method comprising the steps of:procuring an American football helmet with: (i) a shell, (ii) an energy attenuation assembly positioned within the shell, and (iii) a faceguard secured to the shell;obtaining a position specific helmet testing protocol developed based on analyzing helmet impact information associated with a group of players that primarily play a specific playing position;positioning the American football helmet on a headform; andusing a linear impactor to impact the American football helmet according to the position specific helmet testing protocol.
22. (New) The method for testing an American football helmet of claim 21, wherein the specific playing position is an offensive line position, and wherein the helmet impact information for the group of players includes more impacts to a frontal portion of the American football helmet as compared to a rear portion of the American football helmet.
23. (New) The method for testing an American football helmet of claim 21, wherein the specific playing position is a defensive line position, and wherein the helmet impact information for the group of players includes impacts with higher HITSP than a second group of players that primarily play an offensive line position.
24. (New) The method for testing an American football helmet of claim 21, wherein the specific playing position is an offensive line position and the American football helmet is designated for use by a player playing the offensive line position due to absorbing a larger amount of force from an impact applied to a frontal portion of the American football helmet as compared to the amount of force absorbed by a rear portion of the American football helmet from the same impact applied to said rear portion.
25. (New) The method for testing an American football helmet of claim 21, wherein: (i) the American football helmet is a first American football helmet that is designed for the specific playing position to be an offensive line position, and (ii) testing the first American football helmet using the position specific helmet testing protocol causes a first local deformation of a frontal portion of the first American football helmet; andwherein the testing method further includes (i) obtaining a second American football helmet that is not designed to be worn a player that primarily plays the offensive line position, and (ii) testing the second American football helmet using the position specific helmet testing protocol causes a second local deformation of a frontal portion of the second American football helmet that is less than the first local deformation of a frontal portion of the first American football.
26. (New) The method for testing an American football helmet of claim 25, wherein testing the first American football helmet using the position specific helmet testing protocol provides a first result and testing the second American football helmet using the position specific helmet testing protocol provides a second result that is lower than the first result.
27. (New) The method for testing an American football helmet of claim 21, wherein the specific playing position is a quarterback position, and wherein the helmet impact information for the group of players includes more impacts to a rear portion of the American football helmet as compared to a front portion of the American football helmet for said group of players.
28. (New) The method for testing an American football helmet of claim 21, wherein the American football helmet meets or exceeds the position specific helmet testing protocol associated with a quarterback position by absorbing a larger amount of force from an impact applied to a rear portion of the American football helmet as compared to the amount of force absorbed by a front portion of the American football helmet from the same impact applied to said rear portion.
29. (New) The method for testing an American football helmet of claim 21, wherein: (i) the American football helmet is a first American football helmet that is intended for the specific playing position to be a quarterback position, and (ii) testing the first American football helmet using the position specific helmet testing protocol causes a first local deformation of a rear portion of the first American football helmet; andwherein the method for testing an American football helmet further includes (i) obtaining a second American football helmet that is not intended to be worn a player that primarily plays the quarterback position, and (ii) testing the second American football helmet using the position specific helmet testing protocol causes a second local deformation of a rear portion of the second American football helmet that is less than the first local deformation of a rear portion of the first American football helmet.
30. (New) The method for testing an American football helmet of claim 29, wherein testing the first American football helmet using the position specific helmet testing protocol provides a first result and testing the second American football helmet using the position specific helmet testing protocol provides a second result that is lower than the first result.
31. (New) The method for testing an American football helmet of claim 21, wherein development of the position specific helmet testing protocol further includes analyzing helmet impact information associated with a second group of players that do not primarily play said specific playing position, wherein the helmet impact information associated with the group of players is different than the helmet impact information associated with the second group of players.
32. (New) The method for testing an American football helmet of claim 21, wherein the energy attenuation assembly includes a pre-manufactured pad that has been selected from a plurality of pre-manufactured pads based on head data collected from a player using a handheld electronic device.
33. (New) The method for testing an American football helmet of claim 21, further comprising a monitoring unit positioned within the American football helmet to collect physiological parameter data while a player is engaged in playing football.
34. (New) The method for testing an American football helmet of claim 33, wherein the American football helmet is part of a system that further comprises a graphical user interface configured to selectively display a training opportunity indicator when the collected physiological parameter data exceeds a predetermined threshold of a previously recorded collection of physiological parameter data.
35. (New) The method for testing an American football helmet of claim 21, wherein said position specific helmet testing protocol includes the following steps:impacting a side region, a front region, and a rear region of the shell; recording: (i) side impact data from the impact to the side region of the shell, (ii) front impact data from the impact to the front region of the shell, and (iii) rear impact data from the impact to the rear region of the shell; obtaining: (i) a side weighting variable, (ii) a rear weighting variable, and (iii) a front weighting variable that is less than the rear weighting variable; calculating: (i) a weighted side impact data using the recorded side impact data and the side weighting variable, (ii) a weighted rear impact data using the recorded rear impact data and the rear weighting variable, and (iii) a weighted front impact data using the recorded front impact data and the front weighting variable; and determining a testing result for the obtained American football helmet using a combination of: (i) the weighted side impact data, (ii) the weighted rear impact data, and (iii) weighted front impact data.
36. (New) The method for testing an American football helmet of claim 21, wherein the energy attenuation assembly of the American football helmet includes a 3D printed member with struts.
37. (New) The method for testing an American football helmet of claim 36, wherein the 3D printed member includes an inner surface that is derived from head data collected from a player who may wear the American football helmet using a handheld electronic device.
38. (New) The method for testing an American football helmet of claim 21, wherein the energy attenuation assembly includes a pre-manufactured pad that has been selected from a plurality of pre-manufactured pads based on head data collected from a player who may wear the American football helmet.
39. (New) The method for testing an American football helmet of claim 38, wherein the head data is collected from a player who may wear the American football helmet using a handheld electronic device having a LiDAR, time-of-flight, or structured-light sensor.
40. (New) The method for testing an American football helmet of claim 21, further comprising a monitoring unit positioned within the American football helmet to: (i) collect physiological parameter data while a player wearing the American football helmet is engaged in playing football, and (ii) transmit said physiological parameter data to a location beyond the American the football helmet.
41. (New) The method for testing an American football helmet of claim 40, wherein the American football helmet is part of a system that further comprises a graphical user interface configured to selectively display a training opportunity indicator when the collected and transmitted physiological parameter data exceeds a predetermined threshold determined from analysis of a previously recorded collection of physiological parameter data.
42. (New) The method for testing an American football helmet of claim 21, wherein the position specific helmet testing protocol is a quarterback helmet testing protocol and the American football helmet is designed to be worn a player that primarily plays quarterback; andwherein the American football helmet absorbs a larger amount of force from an impact applied to a rear portion of the American football helmet as compared to the amount of force absorbed by a front portion of the American football helmet from the same impact applied to said rear portion.
43. (New) The method for testing an American football helmet of claim 42, wherein: (i) the position specific helmet testing protocol is a quarterback helmet testing protocol, (ii) the American football helmet is a first American football helmet that is designed to be worn by a player that primarily plays quarterback, and (iii) testing the American football helmet using the quarterback helmet testing protocol causes a first local deformation of a rear portion of the first American football helmet; and,wherein the testing methodology further includes obtaining a second American football helmet that is not purposely designed to be worn a player that primarily plays quarterback.
44. (New) The method for testing an American football helmet of claim 43, wherein:(i) testing the second American football helmet using the quarterback helmet testing protocol causes a second local deformation of a frontal portion of the second American football helmet that is less than the first local deformation of a rear portion of the first American football helmet; and,(ii) testing the first American football helmet using the quarterback helmet testing protocol provides a first result and testing the second American football helmet using the quarterback helmet testing protocol provides a second result that is lower than the first result.
45. (New) The method for testing an American football helmet of claim 21, wherein said position specific helmet testing protocol includes the following steps:impacting the shell at: (i) a first velocity, (ii) a second velocity that is greater than the first velocity, and (iii) a third velocity that is greater than the second velocity;recording: (i) a first impact data from the impact to the shell at the first velocity,(ii) a second impact data from the impact to the shell at the second velocity, and (iii) a third impact data from the impact to the shell at the third velocity;obtaining: (i) a first velocity weighting variable, (ii) a second velocity weighting variable, and (iii) a third velocity weighting variable that is more than half of the second velocity weighting variable;calculating: (i) a weighted first velocity impact data using the recorded first impact data and the first velocity weighting variable, (ii) a weighted second impact data using the recorded second impact data and the second velocity weighting variable, (iii) a weighted third impact data using the recorded third impact data and the third velocity weighting variable; anddetermining a testing result for the procured American football helmet using: (i) the weighted first velocity impact data, (ii) the weighted second velocity impact data, and(iii) the weighted third velocity impact data.
US Patent 12,478,126
1. A method for testing an American football helmet, the method comprising the steps of: procuring an American football helmet with: (i) a shell, (ii) an energy attenuation assembly positioned within the shell, and (iii) a faceguard secured to the shell; obtaining a position specific helmet testing standard developed based on analyzing helmet impact information associated with a group of players that primarily play a specific playing position; positioning the American football helmet on a headform; and using a linear impactor to impact the American football helmet according to the position specific helmet standard.
2. The method for testing an American football helmet of claim 1, wherein the specific playing position is an offensive line position, and wherein the helmet impact information for the group of player includes more impacts to a frontal portion of the American football helmet as compared to a rear portion of the American football helmet.
3. The method for testing an American football helmet of claim 1, wherein the specific playing position is a defensive line position, and wherein the helmet impact information for the group of player includes impacts with higher HITSP than a second group of players that primarily play an offensive line position.
4. The method for testing an American football helmet of claim 1, wherein the specific playing position is an offensive line position and the American football helmet receives a high result in connection with the position specific helmet standard by absorbing a larger amount of force from an impact applied to a frontal portion of the American football helmet as compared to the amount of force absorbed by a rear portion of the American football helmet from the same impact applied to said rear portion.
5. The method for testing an American football helmet of claim 1, wherein: (i) the American football helmet is a first American football helmet that is designed for the specific playing position to be an offensive line position, and (ii) testing the first American football helmet using the position specific helmet standard causes a first local deformation of a frontal portion of the first American football; and wherein the testing methodology further includes (i) obtaining a second American football helmet that is not designed to be worn a player that primarily plays the offensive line position, and (ii) testing the second American football using the position specific helmet standard causes a second local deformation of a frontal portion of the second American football helmet that is less than the first local deformation of a frontal portion of the first American football.
6. The method for testing an American football helmet of claim 5, wherein testing the first American football helmet using the position specific helmet standard provides a first result and testing the second American football helmet using the position specific helmet standard provides a second result that is lower than the first result.
7. The method for testing an American football helmet of claim 1, wherein the specific playing position is a quarterback position, and wherein the helmet impact information for the group of player includes more impacts to a rear portion of the American football helmet as compared to a front portion of the American football helmet.
8. The method for testing an American football helmet of claim 1, wherein the American football helmet meets or exceeds the position specific helmet standard associated with a quarterback position by absorbing a larger amount of force from an impact applied to a rear portion of the American football as compared to the amount of force absorbed by a front portion of the American football from the same impact applied to said rear portion.
9. The method for testing an American football helmet of claim 1, wherein: (i) the American football helmet is a first American football helmet that is intended for the specific playing position to be a quarterback position, and (ii) testing the first American football helmet using the position specific helmet standard causes a first local deformation of a rear portion of the first American football; and wherein the testing methodology further includes (i) obtaining a second American football helmet that is not indented to be worn a player that primarily plays the quarterback position, and (ii) testing the second American football helmet using the position specific helmet standard causes a second local deformation of a rear portion of the second American football helmet that is less than the first local deformation of a rear portion of the first American football.
10. The method for testing an American football helmet of claim 9, wherein testing the first American football helmet using the position specific helmet standard provides a first result and testing the second American football helmet using the position specific helmet standard provides a second result that is lower than the first result.
11. The method for testing an American football helmet of claim 1, wherein development of the position specific helmet standard further includes analyzing helmet impact information associated with a second group of players that do not primarily play said specific playing position, wherein the helmet impact information associated with the first group of players is different than the helmet impact information associated with the second group of players.
12. The method for testing an American football helmet of claim 1, wherein the energy attenuation assembly includes a pre-manufactured pad that has been selected from a plurality of pre-manufactured pads based on head data collected from the player using a handheld electronic device.
13. The method for testing an American football helmet of claim 1, further comprising a monitoring unit positioned within the American football helmet to collect physiological parameter data while a player is engaged in playing football.
14. The method for testing an American football helmet of claim 13, wherein the American football helmet is part of a system that further comprises a graphical user interface configured to selectively display a training opportunity indicator when the collected physiological parameter data exceeds the predetermined threshold of said previously recorded collection of physiological parameter data.
15. The method for testing an American football helmet of claim 1, wherein said position specific helmet standard includes the following steps: impacting the side region, the front region, and the rear region of the shell; recording: (i) side impact data from the impact to the side region of the shell, (ii) front impact data from the impact to the front region of the shell, and (iii) rear impact data from the impact to the rear region of the shell; obtaining: (i) a side weighting variable, (ii) a rear weighting variable, and (iii) a front weighting variable that is less than the rear weighting variable; calculating: (i) a weighted side impact data using the recorded side impact data and the side weighting variable, (ii) a weighted rear impact data using the recorded rear impact data and the rear weighting variable, and (iii) a weighted front impact data using the recorded front impact data and the front weighting variable; and determining a testing result for the obtained American football helmet using a combination of: (i) the weighted side impact data, (ii) the weighted rear impact data, and (iii) weighted front impact data.
16. The method for testing an American football helmet of claim 1, wherein the energy attenuation assembly of the American football helmet includes a 3D printed member with struts.
17. The method for testing an American football helmet of claim 16, wherein the 3D printed member includes an inner surface that is derived from head data collected from a player who may wear the American football helmet using a handheld electronic device.
18. The method for testing an American football helmet of claim 1, wherein the energy attenuation assembly includes a pre-manufactured pad that has been selected from a plurality of pre-manufactured pads based on head data collected from a player who may wear the American football helmet.
19. The method for testing an American football helmet of claim 18, wherein the head data is collected from a player who may wear the American football helmet using a handheld electronic device having a LiDAR, time-of-flight, or structured-light sensor.
20. The method for testing an American football helmet of claim 1, further comprising a monitoring unit positioned within the American football helmet to: (i) collect physiological parameter data while a player wearing the American football helmet is engaged in playing football, and (ii) transmit said physiological parameter data.
21. The method for testing an American football helmet of claim 20, wherein the American football helmet is part of a system that further comprises a graphical user interface configured to selectively display a training opportunity indicator when the collected and transmitted physiological parameter data exceeds a predetermined threshold of a previously recorded collection of physiological parameter data.
22. The method for testing an American football helmet of claim 1, wherein the position specific helmet testing standard is a quarterback helmet testing standard and the American football helmet is designed to be worn a player that primarily plays quarterback; and wherein the American football helmet absorbs a larger amount of force from an impact applied to a rear portion of the American football as compared to the amount of force absorbed by a front portion of the American football from the same impact applied to said rear portion.
23. The method for testing an American football helmet of claim 22, wherein: (i) the position specific helmet testing standard is a quarterback helmet testing standard, (ii) the American football helmet is designed to be worn a player that primarily plays quarterback, and (iii) testing the American football helmet using the quarterback helmet testing standard causes a first local deformation of a rear portion of the first American football helmet; and, wherein the testing methodology further includes obtaining a second American football helmet that is not designed to be worn a player that primarily plays quarterback.
24. The method for testing an American football helmet of claim 23, wherein testing the second American football helmet using the quarterback helmet testing standard causes a second local deformation of a frontal portion of the second American football helmet that is less than the first local deformation of a rear portion of the first American football helmet.
25. The method for testing an American football helmet of claim 24, wherein testing the American football helmet using the quarterback helmet testing standard provides a first result and testing the second American football helmet using the quarterback helmet testing standard provides a second result that is lower than the first result.
26. The method for testing an American football helmet of claim 1, wherein said position specific helmet standard includes the following steps: impacting the shell at: (i) a first velocity, (ii) a second velocity that is greater than the first velocity, and (iii) a third velocity that is greater than the second velocity; recording: (i) a first velocity impact data from the impact to the shell at the first velocity, (ii) a second velocity impact data from the impact to the shell at the second velocity, and (iii) a third velocity impact data from the impact to the shell at the third velocity; obtaining: (i) a first velocity weighting variable, (ii) a second velocity weighting variable, and (iii) a third velocity weighting variable is more than half of the second velocity weighting variable; calculating: (i) a weighted first velocity impact data using the recorded first velocity impact data and the first velocity weighting variable, (ii) a weighted second velocity impact data using the recorded second velocity impact data and the second velocity weighting variable, (iii) a weighted third velocity impact data using the recorded third velocity impact data and the third velocity weighting variable; and determining a testing result for the obtained American football helmet using: (i) the weighted first velocity impact data, (ii) the weighted second velocity impact data, and (iii) the weighted third velocity impact data.
Claims 21-45 of pending application ‘180 discloses a method for testing an American football helmet, the method comprising the steps of procuring an American football helmet with: (i) a shell, (ii) an energy attenuation assembly positioned within the shell, and (iii) a faceguard secured to the shell obtaining a position specific helmet testing protocol developed based on analyzing helmet impact information associated with a group of players that primarily play a specific playing position; positioning the American football helmet on a headform; and using a linear impactor to impact the American football helmet according to the position specific helmet testing protocol. is substantially similar to claims 1-26 of US Patent ‘126 that discloses a method for testing an American football helmet, the method comprising the steps of: procuring an American football helmet with: (i) a shell, (ii) an energy attenuation assembly positioned within the shell, and (iii) a faceguard secured to the shell; obtaining a position specific helmet testing standard developed based on analyzing helmet impact information associated with a group of players that primarily play a specific playing position; positioning the American football helmet on a headform; and using a linear impactor to impact the American football helmet according to the position specific helmet standard.
Allowable Subject Matter
Claims 21-45 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejection as set forth in this Office action.
Conclusion
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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August 27, 2026 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732
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