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 April 2, 2025 in which claims 1-3 are presented for examination.
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 1, 2 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 13 and dependent claims of U.S. Patent No. 10,165,807. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 2 and 3 are anticipated by the conflicting patented claims 1, 2, 13 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 10,165,807
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
1. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member coupled to the interior surface of the fabric covering; and
an inner layer of material arranged to cover the at least one thin force absorbing member and coupled to the fabric cover,
the inner layer of material being separate and distinct from the at least one thin force absorbing member,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material comprises polyurethane foam.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
2. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member coupled to the interior surface or coupled between the interior surface and the exterior surface of the fabric covering,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material comprises polyurethane foam.
4. wherein the at least one thin force absorbing member comprises a plurality of individual thin force absorbing members separately secured to the fabric covering.
8. wherein the at least one thin force absorbing member is concealed by the fabric covering.
11. further comprising: wherein the at least one thin force absorbing member comprises a plurality of thin force absorbing members that combine to provide impact force protection to a wearer of the protective hat.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
13. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member provided internal to the fabric covering,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material consists of polyurethane foam.
14. wherein the at least one thin force absorbing member is concealed by the fabric covering.
15. wherein the at least one thin force absorbing member comprises a plurality of thin force absorbing members separately secured to the fabric covering that combine to provide impact force protection to a wearer of the protective hat.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
1. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member coupled to the interior surface of the fabric covering; and
an inner layer of material arranged to cover the at least one thin force absorbing member and coupled to the fabric cover,
the inner layer of material being separate and distinct from the at least one thin force absorbing member,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material comprises polyurethane foam.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
2. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member coupled to the interior surface or coupled between the interior surface and the exterior surface of the fabric covering,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material comprises polyurethane foam.
4. wherein the at least one thin force absorbing member comprises a plurality of individual thin force absorbing members separately secured to the fabric covering.
8. wherein the at least one thin force absorbing member is concealed by the fabric covering.
11. further comprising: wherein the at least one thin force absorbing member comprises a plurality of thin force absorbing members that combine to provide impact force protection to a wearer of the protective hat.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
13. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member provided internal to the fabric covering,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material consists of polyurethane foam.
14. wherein the at least one thin force absorbing member is concealed by the fabric covering.
15. wherein the at least one thin force absorbing member comprises a plurality of thin force absorbing members separately secured to the fabric covering that combine to provide impact force protection to a wearer of the protective hat.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
1. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member coupled to the interior surface of the fabric covering; and
an inner layer of material arranged to cover the at least one thin force absorbing member and coupled to the fabric cover,
the inner layer of material being separate and distinct from the at least one thin force absorbing member,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material comprises polyurethane foam.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
2. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member coupled to the interior surface or coupled between the interior surface and the exterior surface of the fabric covering,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material comprises polyurethane foam.
4. wherein the at least one thin force absorbing member comprises a plurality of individual thin force absorbing members separately secured to the fabric covering.
8. wherein the at least one thin force absorbing member is concealed by the fabric covering.
11. further comprising: wherein the at least one thin force absorbing member comprises a plurality of thin force absorbing members that combine to provide impact force protection to a wearer of the protective hat.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
13. A protective hat, comprising:
a fabric covering having an interior surface and an exterior surface; and
at least one thin force absorbing member provided internal to the fabric covering,
wherein the at least one thin force absorbing member has a plurality of openings,
wherein the at least one thin force absorbing member has a thickness of approximately 1 to 5 millimeters, and
wherein the at least one thin force absorbing material consists of polyurethane foam.
14. wherein the at least one thin force absorbing member is concealed by the fabric covering.
15. wherein the at least one thin force absorbing member comprises a plurality of thin force absorbing members separately secured to the fabric covering that combine to provide impact force protection to a wearer of the protective hat.
Claims 1, 2 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13, 19 and dependent claims of U.S. Patent No. 10,952,484. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 2 and 3 are anticipated by the conflicting patented claims 1, 13, 19 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 10,952,484
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
1. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering,
the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
the first force absorbing member having a least a first side with a first set of extensions that extend outward, and the second force absorbing member having a least a second side with a second set of extensions that extend outward,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and the first set of extensions are interlaced with the second set of extensions,
wherein an unexpanded distance between the first side of the first force absorbing member and an adjacent end portion of the second set of extensions of the second force absorbing member when the protective hat is in an unexpanded configuration is less than an expanded distance between the first side of the first force absorbing member and the adjacent end portion of the second set of extensions when the hat is in an expanded configuration, and
wherein the plurality of force absorbing members comprise polyurethane foam, and wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters.
10. wherein the plurality of force absorbing members are concealed by the fabric covering.
11. wherein the plurality of force absorbing members combine to provide impact force protection to a wearer of the protective hat.
12. wherein the plurality of force absorbing members are separately secured to or within the fabric covering and combine to provide impact force protection to a wearer of the protective hat.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
13. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering, the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
wherein the protective hat has an expanded configuration and an unexpanded configuration, wherein the first force absorbing member has a least a first side, and the second force absorbing member has a least a second side,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and
the first side of the first force absorbing member is at least partially overlapping with the second side of the second force absorbing member when in the unexpanded configuration, and wherein the plurality of force absorbing members comprise polyurethane foam, and
wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
19. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering,
the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
wherein the protective hat has an expanded configuration and an unexpanded configuration, wherein the first force absorbing member has a least a first side, and the second force absorbing member has a least a second side,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and the first side of the first force absorbing member is at least partially overlapping with the second side of the second force absorbing member when in the unexpanded configuration, wherein the plurality of force absorbing members comprise polyurethane foam, and
wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters,
wherein the protective hat has a main portion and a lower portion,
wherein the first force absorbing member and the second force absorbing member are provided in the main portion of the protective hat,
wherein the protective hat comprises one or more additional force absorbing members provided in the lower portion of the protective hat, and
wherein the protective hat is configured to facilitate folding the lower portion of the protective hat up and over a lower section of the main portion, whereby at least a portion of the one or more additional force absorbing members overlaps with at least a portion of one or both of the first and second force absorbing members.
20. wherein a horizontal gap is provided between the first and second force absorbing members in the main portion and the one or more additional force absorbing members in the lower portion, whereby the horizontal gap facilitates folding of the lower portion upward over a lower section of the main portion.
22. wherein the fabric covering has an interior surface, wherein one or more of the plurality of force absorbing members are provided in the interior surface of the fabric covering, and wherein the plurality of force absorbing members are concealed by the fabric covering.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
1. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering,
the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
the first force absorbing member having a least a first side with a first set of extensions that extend outward, and the second force absorbing member having a least a second side with a second set of extensions that extend outward,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and the first set of extensions are interlaced with the second set of extensions,
wherein an unexpanded distance between the first side of the first force absorbing member and an adjacent end portion of the second set of extensions of the second force absorbing member when the protective hat is in an unexpanded configuration is less than an expanded distance between the first side of the first force absorbing member and the adjacent end portion of the second set of extensions when the hat is in an expanded configuration, and
wherein the plurality of force absorbing members comprise polyurethane foam, and wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters.
10. wherein the plurality of force absorbing members are concealed by the fabric covering.
11. wherein the plurality of force absorbing members combine to provide impact force protection to a wearer of the protective hat.
12. wherein the plurality of force absorbing members are separately secured to or within the fabric covering and combine to provide impact force protection to a wearer of the protective hat.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
13. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering, the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
wherein the protective hat has an expanded configuration and an unexpanded configuration, wherein the first force absorbing member has a least a first side, and the second force absorbing member has a least a second side,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and
the first side of the first force absorbing member is at least partially overlapping with the second side of the second force absorbing member when in the unexpanded configuration, and wherein the plurality of force absorbing members comprise polyurethane foam, and
wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
19. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering,
the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
wherein the protective hat has an expanded configuration and an unexpanded configuration, wherein the first force absorbing member has a least a first side, and the second force absorbing member has a least a second side,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and the first side of the first force absorbing member is at least partially overlapping with the second side of the second force absorbing member when in the unexpanded configuration, wherein the plurality of force absorbing members comprise polyurethane foam, and
wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters,
wherein the protective hat has a main portion and a lower portion,
wherein the first force absorbing member and the second force absorbing member are provided in the main portion of the protective hat,
wherein the protective hat comprises one or more additional force absorbing members provided in the lower portion of the protective hat, and
wherein the protective hat is configured to facilitate folding the lower portion of the protective hat up and over a lower section of the main portion, whereby at least a portion of the one or more additional force absorbing members overlaps with at least a portion of one or both of the first and second force absorbing members.
20. wherein a horizontal gap is provided between the first and second force absorbing members in the main portion and the one or more additional force absorbing members in the lower portion, whereby the horizontal gap facilitates folding of the lower portion upward over a lower section of the main portion.
22. wherein the fabric covering has an interior surface, wherein one or more of the plurality of force absorbing members are provided in the interior surface of the fabric covering, and wherein the plurality of force absorbing members are concealed by the fabric covering.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
1. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering,
the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
the first force absorbing member having a least a first side with a first set of extensions that extend outward, and the second force absorbing member having a least a second side with a second set of extensions that extend outward,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and the first set of extensions are interlaced with the second set of extensions,
wherein an unexpanded distance between the first side of the first force absorbing member and an adjacent end portion of the second set of extensions of the second force absorbing member when the protective hat is in an unexpanded configuration is less than an expanded distance between the first side of the first force absorbing member and the adjacent end portion of the second set of extensions when the hat is in an expanded configuration, and
wherein the plurality of force absorbing members comprise polyurethane foam, and wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters.
10. wherein the plurality of force absorbing members are concealed by the fabric covering.
11. wherein the plurality of force absorbing members combine to provide impact force protection to a wearer of the protective hat.
12. wherein the plurality of force absorbing members are separately secured to or within the fabric covering and combine to provide impact force protection to a wearer of the protective hat.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
13. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering, the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
wherein the protective hat has an expanded configuration and an unexpanded configuration, wherein the first force absorbing member has a least a first side, and the second force absorbing member has a least a second side,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and
the first side of the first force absorbing member is at least partially overlapping with the second side of the second force absorbing member when in the unexpanded configuration, and wherein the plurality of force absorbing members comprise polyurethane foam, and
wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
19. A protective hat, comprising:
a fabric covering having at least an exterior surface; and
a plurality of force absorbing members provided internal to the fabric covering,
the plurality of force absorbing members including at least a first force absorbing member and a second force absorbing member,
wherein the protective hat has an expanded configuration and an unexpanded configuration, wherein the first force absorbing member has a least a first side, and the second force absorbing member has a least a second side,
wherein the first side of the first force absorbing member is adjacent the second side of the second force absorbing member, and the first side of the first force absorbing member is at least partially overlapping with the second side of the second force absorbing member when in the unexpanded configuration, wherein the plurality of force absorbing members comprise polyurethane foam, and
wherein each of the plurality of force absorbing members has a thickness of approximately 1 to 5 millimeters,
wherein the protective hat has a main portion and a lower portion,
wherein the first force absorbing member and the second force absorbing member are provided in the main portion of the protective hat,
wherein the protective hat comprises one or more additional force absorbing members provided in the lower portion of the protective hat, and
wherein the protective hat is configured to facilitate folding the lower portion of the protective hat up and over a lower section of the main portion, whereby at least a portion of the one or more additional force absorbing members overlaps with at least a portion of one or both of the first and second force absorbing members.
20. wherein a horizontal gap is provided between the first and second force absorbing members in the main portion and the one or more additional force absorbing members in the lower portion, whereby the horizontal gap facilitates folding of the lower portion upward over a lower section of the main portion.
22. wherein the fabric covering has an interior surface, wherein one or more of the plurality of force absorbing members are provided in the interior surface of the fabric covering, and wherein the plurality of force absorbing members are concealed by the fabric covering.
Claims 1, 2 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and dependent claims of U.S. Patent No. 11, 717,043. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 2 and 3 are anticipated by the conflicting patented claims 1, 8 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,717,043
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
1. A protective hat, comprising:
a fabric covering having at least first, second and third enclosures formed between layers of material,
at least one of the layers of materials providing an exterior surface for the protective hat;
a first force absorbing member provided internal to the first enclosure within the fabric covering;
a second force absorbing member provided internal to the second enclosure within the fabric covering; and
a third force absorbing member provided internal to the third enclosure within the fabric covering,
wherein each of the force absorbing members comprises polyurethane foam and
has a thickness of approximately 1 to 5 mm, wherein the first, second and third force absorbing members are concealed by the fabric covering,
wherein the fabric covering secures the first force absorbing member internal to the first enclosure, secures the second force absorbing member internal to the second enclosure, and secures the third force absorbing member internal to the third enclosure,
wherein the first enclosure is positioned at a first side portion of the protective hat, the second enclosure is positioned at a second side portion of the protective hat, and the third enclosure is positioned at a front, top and rear portion of the protective hat,
wherein the protective hat comprises a channel opening,
the channel opening being in the rear portion of the protective hat, and the channel opening extending from a bottom edge of the rear portion upward, w
herein the protective hat comprises an elastic member provided at the rear portion of the protective hat,
the elastic member being positioned across the channel opening and secured to opposing sides at the rear portion proximate to the channel opening, and
wherein the first, second and third force absorbing members combine to provide impact force protection to a wearer of the protective hat.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
8. A protective hat, comprising:
a fabric covering having layers of material at least one of the layers of materials providing an exterior surface for the protective hat; and
a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat,
wherein the third position is located at least a portion of each of a front, a top and a rear portion of the protective hat, wherein the protective hat comprises a channel opening,
the channel opening being in the rear portion of the protective hat, and the channel opening extending from a bottom edge of the rear portion upward,
wherein the protective hat comprises an elastic member provided at the rear portion of the protective hat, the elastic member being positioned across the channel opening and secured to opposing sides at the rear portion proximate to the channel opening, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the first, second and third force absorbing members are concealed by the fabric covering.
15. wherein the first, second and third force absorbing members combine to provide impact force protection to a wearer of the protective hat.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
1. A protective hat, comprising:
a fabric covering having at least first, second and third enclosures formed between layers of material,
at least one of the layers of materials providing an exterior surface for the protective hat;
a first force absorbing member provided internal to the first enclosure within the fabric covering;
a second force absorbing member provided internal to the second enclosure within the fabric covering; and
a third force absorbing member provided internal to the third enclosure within the fabric covering,
wherein each of the force absorbing members comprises polyurethane foam and
has a thickness of approximately 1 to 5 mm, wherein the first, second and third force absorbing members are concealed by the fabric covering,
wherein the fabric covering secures the first force absorbing member internal to the first enclosure, secures the second force absorbing member internal to the second enclosure, and secures the third force absorbing member internal to the third enclosure,
wherein the first enclosure is positioned at a first side portion of the protective hat, the second enclosure is positioned at a second side portion of the protective hat, and the third enclosure is positioned at a front, top and rear portion of the protective hat,
wherein the protective hat comprises a channel opening,
the channel opening being in the rear portion of the protective hat, and the channel opening extending from a bottom edge of the rear portion upward, w
herein the protective hat comprises an elastic member provided at the rear portion of the protective hat,
the elastic member being positioned across the channel opening and secured to opposing sides at the rear portion proximate to the channel opening, and
wherein the first, second and third force absorbing members combine to provide impact force protection to a wearer of the protective hat.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
8. A protective hat, comprising:
a fabric covering having layers of material at least one of the layers of materials providing an exterior surface for the protective hat; and
a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat,
wherein the third position is located at least a portion of each of a front, a top and a rear portion of the protective hat, wherein the protective hat comprises a channel opening,
the channel opening being in the rear portion of the protective hat, and the channel opening extending from a bottom edge of the rear portion upward,
wherein the protective hat comprises an elastic member provided at the rear portion of the protective hat, the elastic member being positioned across the channel opening and secured to opposing sides at the rear portion proximate to the channel opening, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the first, second and third force absorbing members are concealed by the fabric covering.
15. wherein the first, second and third force absorbing members combine to provide impact force protection to a wearer of the protective hat.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
1. A protective hat, comprising:
a fabric covering having at least first, second and third enclosures formed between layers of material,
at least one of the layers of materials providing an exterior surface for the protective hat;
a first force absorbing member provided internal to the first enclosure within the fabric covering;
a second force absorbing member provided internal to the second enclosure within the fabric covering; and
a third force absorbing member provided internal to the third enclosure within the fabric covering,
wherein each of the force absorbing members comprises polyurethane foam and
has a thickness of approximately 1 to 5 mm, wherein the first, second and third force absorbing members are concealed by the fabric covering,
wherein the fabric covering secures the first force absorbing member internal to the first enclosure, secures the second force absorbing member internal to the second enclosure, and secures the third force absorbing member internal to the third enclosure,
wherein the first enclosure is positioned at a first side portion of the protective hat, the second enclosure is positioned at a second side portion of the protective hat, and the third enclosure is positioned at a front, top and rear portion of the protective hat,
wherein the protective hat comprises a channel opening,
the channel opening being in the rear portion of the protective hat, and the channel opening extending from a bottom edge of the rear portion upward, w
herein the protective hat comprises an elastic member provided at the rear portion of the protective hat,
the elastic member being positioned across the channel opening and secured to opposing sides at the rear portion proximate to the channel opening, and
wherein the first, second and third force absorbing members combine to provide impact force protection to a wearer of the protective hat.
2. wherein the first, second and third force absorbing members are positioned at distinct locations about the protective hat.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
8. A protective hat, comprising:
a fabric covering having layers of material at least one of the layers of materials providing an exterior surface for the protective hat; and
a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the layers of material of the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat,
wherein the third position is located at least a portion of each of a front, a top and a rear portion of the protective hat, wherein the protective hat comprises a channel opening,
the channel opening being in the rear portion of the protective hat, and the channel opening extending from a bottom edge of the rear portion upward,
wherein the protective hat comprises an elastic member provided at the rear portion of the protective hat, the elastic member being positioned across the channel opening and secured to opposing sides at the rear portion proximate to the channel opening, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the first, second and third force absorbing members are concealed by the fabric covering.
15. wherein the first, second and third force absorbing members combine to provide impact force protection to a wearer of the protective hat.
Claims 1, 2 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 15 and dependent claims of U.S. Patent No. 11,109,628. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 2 and 3 are anticipated by the conflicting patented claims 1, 15 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,109,628
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
1. A protective headband, comprising:
a fabric covering;
at least one force absorbing member being positioned about the protective headband and covered by the fabric covering; and
a tensioner attached to the at least one force absorbing member such that opposing end portions of the at least one force absorbing member are secured next to one another and configured to be biased towards one another by the tensioner,
the tensioner being attached to an inner surface or outer surface of the at least one force absorbing member,
wherein the tensioner is covered by the fabric covering and unattached to the fabric covering, and
wherein the at least one force absorbing member comprises urethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the at least one force absorbing members are concealed by the fabric covering.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
15. A protective headband having a circular configuration, comprising:
a fabric covering having a hollow interior;
a first force absorbing member being positioned about the protective headband such that the first one force absorbing member extends around the circular configuration with opposing end portions of the first force absorbing member being next to one another and separated by a gap;
a second force absorbing member being positioned to cover the gap and to also overlap with a portion of each of the opposing end portions of the first force absorbing member; and
an elastic member secured to the opposing end portions of the first force absorbing member such that the opposing end portions of the first one force absorbing member are biased towards one another,
the elastic member being attached to an inner surface or outer surface of the first force absorbing member,
wherein the first force absorbing member, second force absorbing member, and elastic member are enclosed by the hollow interior of the fabric covering,
wherein the elastic member is unattached to the fabric covering, and
wherein each of the first and second force absorbing members comprises urethane foam and has a thickness of approximately 1 to 5 mm.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
1. A protective headband, comprising:
a fabric covering;
at least one force absorbing member being positioned about the protective headband and covered by the fabric covering; and
a tensioner attached to the at least one force absorbing member such that opposing end portions of the at least one force absorbing member are secured next to one another and configured to be biased towards one another by the tensioner,
the tensioner being attached to an inner surface or outer surface of the at least one force absorbing member,
wherein the tensioner is covered by the fabric covering and unattached to the fabric covering, and
wherein the at least one force absorbing member comprises urethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the at least one force absorbing members are concealed by the fabric covering.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
15. A protective headband having a circular configuration, comprising:
a fabric covering having a hollow interior;
a first force absorbing member being positioned about the protective headband such that the first one force absorbing member extends around the circular configuration with opposing end portions of the first force absorbing member being next to one another and separated by a gap;
a second force absorbing member being positioned to cover the gap and to also overlap with a portion of each of the opposing end portions of the first force absorbing member; and
an elastic member secured to the opposing end portions of the first force absorbing member such that the opposing end portions of the first one force absorbing member are biased towards one another,
the elastic member being attached to an inner surface or outer surface of the first force absorbing member,
wherein the first force absorbing member, second force absorbing member, and elastic member are enclosed by the hollow interior of the fabric covering,
wherein the elastic member is unattached to the fabric covering, and
wherein each of the first and second force absorbing members comprises urethane foam and has a thickness of approximately 1 to 5 mm.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
1. A protective headband, comprising:
a fabric covering;
at least one force absorbing member being positioned about the protective headband and covered by the fabric covering; and
a tensioner attached to the at least one force absorbing member such that opposing end portions of the at least one force absorbing member are secured next to one another and configured to be biased towards one another by the tensioner,
the tensioner being attached to an inner surface or outer surface of the at least one force absorbing member,
wherein the tensioner is covered by the fabric covering and unattached to the fabric covering, and
wherein the at least one force absorbing member comprises urethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the at least one force absorbing members are concealed by the fabric covering.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
15. A protective headband having a circular configuration, comprising:
a fabric covering having a hollow interior;
a first force absorbing member being positioned about the protective headband such that the first one force absorbing member extends around the circular configuration with opposing end portions of the first force absorbing member being next to one another and separated by a gap;
a second force absorbing member being positioned to cover the gap and to also overlap with a portion of each of the opposing end portions of the first force absorbing member; and
an elastic member secured to the opposing end portions of the first force absorbing member such that the opposing end portions of the first one force absorbing member are biased towards one another,
the elastic member being attached to an inner surface or outer surface of the first force absorbing member,
wherein the first force absorbing member, second force absorbing member, and elastic member are enclosed by the hollow interior of the fabric covering,
wherein the elastic member is unattached to the fabric covering, and
wherein each of the first and second force absorbing members comprises urethane foam and has a thickness of approximately 1 to 5 mm.
Claims 1, 2 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4 and dependent claims of U.S. Patent No. 12,268,264. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 2 and 3 are anticipated by the conflicting patented claims 1, 2, 4 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1)
Present Application
Patent No. 12,268,264
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
1. A protective head device, comprising:
a fabric covering; and
a plurality of thin force absorbing members,
the plurality of thin force absorbing members being covered by the fabric covering,
each of the plurality of thin force absorbing members attached to the fabric covering to form a collective force absorbing member to provide impact force protection;
wherein the plurality of thin force absorbing members has one or more openings, and wherein the plurality of thin force absorbing members consists of polyurethane foam.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
2. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the combined force absorbing member has one or more openings, and
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
4. A protective head device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members consists of polyurethane foam.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
1. A protective head device, comprising:
a fabric covering; and
a plurality of thin force absorbing members,
the plurality of thin force absorbing members being covered by the fabric covering,
each of the plurality of thin force absorbing members attached to the fabric covering to form a collective force absorbing member to provide impact force protection;
wherein the plurality of thin force absorbing members has one or more openings, and wherein the plurality of thin force absorbing members consists of polyurethane foam.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
2. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the combined force absorbing member has one or more openings, and
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
3. wherein the fabric covering is formed from at least one piece of fabric material.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
4. A protective head device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members consists of polyurethane foam.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
1. A protective head device, comprising:
a fabric covering; and
a plurality of thin force absorbing members,
the plurality of thin force absorbing members being covered by the fabric covering,
each of the plurality of thin force absorbing members attached to the fabric covering to form a collective force absorbing member to provide impact force protection;
wherein the plurality of thin force absorbing members has one or more openings, and wherein the plurality of thin force absorbing members consists of polyurethane foam.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
2. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the combined force absorbing member has one or more openings, and
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
4. A protective head device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members consists of polyurethane foam.
Claims 1, 2 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 15 and dependent claims of U.S. Patent No. 11,109,628. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 2 and 3 are anticipated by the conflicting patented claims 1, 15and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 11,109,628
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
1. A protective headband, comprising:
a fabric covering;
at least one force absorbing member being positioned about the protective headband and covered by the fabric covering; and
a tensioner attached to the at least one force absorbing member such that opposing end portions of the at least one force absorbing member are secured next to one another and configured to be biased towards one another by the tensioner,
the tensioner being attached to an inner surface or outer surface of the at least one force absorbing member,
wherein the tensioner is covered by the fabric covering and unattached to the fabric covering, and
wherein the at least one force absorbing member comprises urethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the at least one force absorbing members are concealed by the fabric covering.
1. A protective head device, comprising:
a fabric covering forming an interior opening; and
a plurality of thin force absorbing members internal to the interior opening of the fabric covering,
each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection,
wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
15. A protective headband having a circular configuration, comprising:
a fabric covering having a hollow interior;
a first force absorbing member being positioned about the protective headband such that the first one force absorbing member extends around the circular configuration with opposing end portions of the first force absorbing member being next to one another and separated by a gap;
a second force absorbing member being positioned to cover the gap and to also overlap with a portion of each of the opposing end portions of the first force absorbing member; and
an elastic member secured to the opposing end portions of the first force absorbing member such that the opposing end portions of the first one force absorbing member are biased towards one another,
the elastic member being attached to an inner surface or outer surface of the first force absorbing member,
wherein the first force absorbing member, second force absorbing member, and elastic member are enclosed by the hollow interior of the fabric covering,
wherein the elastic member is unattached to the fabric covering, and
wherein each of the first and second force absorbing members comprises urethane foam and has a thickness of approximately 1 to 5 mm.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
1. A protective headband, comprising:
a fabric covering;
at least one force absorbing member being positioned about the protective headband and covered by the fabric covering; and
a tensioner attached to the at least one force absorbing member such that opposing end portions of the at least one force absorbing member are secured next to one another and configured to be biased towards one another by the tensioner,
the tensioner being attached to an inner surface or outer surface of the at least one force absorbing member,
wherein the tensioner is covered by the fabric covering and unattached to the fabric covering, and
wherein the at least one force absorbing member comprises urethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the at least one force absorbing members are concealed by the fabric covering.
2. A protective device, comprising:
a plurality of thin force absorbing members,
each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; and
a fabric covering provided over the plurality of thin force absorbing members,
the fabric covering formed from at least one piece of fabric material and
each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection,
wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
15. A protective headband having a circular configuration, comprising:
a fabric covering having a hollow interior;
a first force absorbing member being positioned about the protective headband such that the first one force absorbing member extends around the circular configuration with opposing end portions of the first force absorbing member being next to one another and separated by a gap;
a second force absorbing member being positioned to cover the gap and to also overlap with a portion of each of the opposing end portions of the first force absorbing member; and
an elastic member secured to the opposing end portions of the first force absorbing member such that the opposing end portions of the first one force absorbing member are biased towards one another,
the elastic member being attached to an inner surface or outer surface of the first force absorbing member,
wherein the first force absorbing member, second force absorbing member, and elastic member are enclosed by the hollow interior of the fabric covering,
wherein the elastic member is unattached to the fabric covering, and
wherein each of the first and second force absorbing members comprises urethane foam and has a thickness of approximately 1 to 5 mm.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm
1. A protective headband, comprising:
a fabric covering;
at least one force absorbing member being positioned about the protective headband and covered by the fabric covering; and
a tensioner attached to the at least one force absorbing member such that opposing end portions of the at least one force absorbing member are secured next to one another and configured to be biased towards one another by the tensioner,
the tensioner being attached to an inner surface or outer surface of the at least one force absorbing member,
wherein the tensioner is covered by the fabric covering and unattached to the fabric covering, and
wherein the at least one force absorbing member comprises urethane foam and has a thickness of approximately 1 to 5 mm.
14. wherein the at least one force absorbing members are concealed by the fabric covering.
3. A protective hat, comprising:
a fabric covering configured to provide an exterior surface for the protective hat;
and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned,
the plurality of force absorbing materials including at least:
a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position;
a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and
a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position,
wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and
wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
15. A protective headband having a circular configuration, comprising:
a fabric covering having a hollow interior;
a first force absorbing member being positioned about the protective headband such that the first one force absorbing member extends around the circular configuration with opposing end portions of the first force absorbing member being next to one another and separated by a gap;
a second force absorbing member being positioned to cover the gap and to also overlap with a portion of each of the opposing end portions of the first force absorbing member; and
an elastic member secured to the opposing end portions of the first force absorbing member such that the opposing end portions of the first one force absorbing member are biased towards one another,
the elastic member being attached to an inner surface or outer surface of the first force absorbing member,
wherein the first force absorbing member, second force absorbing member, and elastic member are enclosed by the hollow interior of the fabric covering,
wherein the elastic member is unattached to the fabric covering, and
wherein each of the first and second force absorbing members comprises urethane foam and has a thickness of approximately 1 to 5 mm.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Lampe et al. (6,397,399) in view of Wasserkrug et al. (200/0130673).
Regarding claim 1, Lampe teaches, A protective head device, comprising: a fabric covering forming an interior opening; and a plurality of thin force absorbing members internal to the interior opening of the fabric covering, each of the plurality of thin force absorbing members positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection, wherein the thin force absorbing members have a thickness (“Generally, the present invention relates to improvements to a headguard for athletes and in particular soccer players. One embodiment of the invention is a headguard which includes a headband which encircles the head from the forehead to the back of the head with the portion on the top of the head open. The headband may be made of stretchable material and have adjustment straps. The headband has shock absorbing materials such as foam, gels or other padding.”, Col. 2 ln. 23-30, “The thickness of the padding may be suitably selected in consideration of the portion of the head which the padding is to cover as well as in consideration of the particular environment. in which the headguard is worn. For example, the thickness of the padding may vary among the top, front, side, and back portions of the padding. Pad thickness around, for example, 1/2 to 1 and 1/2 inches, would be suitable for many applications. Suitable padding material includes solid and/or laminated foam, and foam formed from plastic, for example. The fabric covering may be made of stretchable material.”, Col. 3-4 ln. 65-8, “In one embodiment the fabric covering 1 encircles the head entirely from the forehead to the occipital bone as shown in FIG. 1. The fabric covering 1 the forehead extends from the brow to above the frontal bone. At the rear, the fabric generally covers the occipital bone 2.”, Col. 4 ln. 9-13, “The fabric covering 1 may encase the padding in either sleeves or pockets. The padding may be located on the forehead area, the side of the head, and around the occipital bone. The padding may be of different materials. Die cut foam 6 may be used as shown in FIG. 3. In FIG. 3 one arrangement of foam 6 is shown. In this arrangement the pockets may have an opening along a line 7 allowing the foam 6 to be inserted into or removed from the pocket. In FIG. 4 vertically extending pockets 8 would encase the foam 6 or alternatively the foam 6 could be inserted into a sleeve created by the headband. In such an embodiment foams of different density or laminated foams could be deployed in the different pockets.”, Col. 4 ln. 21-34, “As noted above, the present invention provides a headguard which may be used in a number of different sports in which impacts to the head may occur.”, Col. 7 ln. 1-3, therefore, A protective head device shown in figure 3, comprising: 1 forming an interior opening; and a plurality of 6 internal to the interior opening of 1, each of the plurality of 6 positioned adjacent to but separate from each other to form a combined force absorbing member to provide impact force protection, wherein 6 have a thickness, figure 3).
While Lampe discloses force absorbing members as being “suitably selected in consideration of the portion of the head which the padding is to cover as well as in consideration of the particular environment”, Col. 3-4 ln. 65-1, Lampe fails to teach, wherein the thin force absorbing members have a thickness of approximately 1 to 5 millimeters.
Wasserkrug, a protective head device, Abstract, teaches, wherein the thin force absorbing member has a thickness of approximately 1 to 5 millimeters (“FIG. 3 illustrates the inner section 200 of the headgear 100. The inner section 200 may also be termed the comfort zone because the inner section 200 provides comfort and protection to and for a user's head. The inner section 200 may be constructed of a polymeric foam material or other shock-absorbent materials…Ideally, the inner section 200 has a thickness 230 of about 1 to 10 mm and more specifically, the inner section 200 has a thickness 230 of about 5 mm.”, [0015], therefore, wherein 200 has a thickness of approximately 1 to 5 millimeters, figure 3).
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 plurality of thin force absorbing members of Lampe with a thickness of approximately 1 to 5 millimeters as taught by Wasserkrug to in order to provide absorbing member having a thickness of 1 to 10 mm as taught by Wasserkrug in order provide the user the benefit of comfort and protection to and for a user's head, and providing thinner force absorbing members will reduce the overall weight of the head device improving comfort and flexibility of the device.
Regarding claim 2, Lampe teaches, A protective device, comprising: a plurality of thin force absorbing members, each of the plurality of thin force absorbing members having a thickness; and a fabric covering provided over the plurality of thin force absorbing members, the fabric covering formed from at least one piece of fabric material and each of the plurality of thin force absorbing members coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection, wherein each of the plurality of thin force absorbing members include at least a foam (“Generally, the present invention relates to improvements to a headguard for athletes and in particular soccer players. One embodiment of the invention is a headguard which includes a headband which encircles the head from the forehead to the back of the head with the portion on the top of the head open. The headband may be made of stretchable material and have adjustment straps. The headband has shock absorbing materials such as foam, gels or other padding.”, Col. 2 ln. 23-30, “The thickness of the padding may be suitably selected in consideration of the portion of the head which the padding is to cover as well as in consideration of the particular environment. in which the headguard is worn. For example, the thickness of the padding may vary among the top, front, side, and back portions of the padding. Pad thickness around, for example, 1/2 to 1 and 1/2 inches, would be suitable for many applications. Suitable padding material includes solid and/or laminated foam, and foam formed from plastic, for example. The fabric covering may be made of stretchable material.”, Col. 3-4 ln. 65-8, “In one embodiment the fabric covering 1 encircles the head entirely from the forehead to the occipital bone as shown in FIG. 1. The fabric covering 1 the forehead extends from the brow to above the frontal bone. At the rear, the fabric generally covers the occipital bone 2.”, Col. 4 ln. 9-13, “The fabric covering 1 may encase the padding in either sleeves or pockets. The padding may be located on the forehead area, the side of the head, and around the occipital bone. The padding may be of different materials. Die cut foam 6 may be used as shown in FIG. 3. In FIG. 3 one arrangement of foam 6 is shown. In this arrangement the pockets may have an opening along a line 7 allowing the foam 6 to be inserted into or removed from the pocket. In FIG. 4 vertically extending pockets 8 would encase the foam 6 or alternatively the foam 6 could be inserted into a sleeve created by the headband. In such an embodiment foams of different density or laminated foams could be deployed in the different pockets.”, Col. 4 ln. 21-34, “As noted above, the present invention provides a headguard which may be used in a number of different sports in which impacts to the head may occur.”, Col. 7 ln. 1-3, therefore A protective device shown in figure 3, comprising: a plurality of 6, each of the plurality of 6 having a thickness; and 1 provided over the plurality of 6, 1 formed from at least one piece of fabric material and each of the plurality of 6 coupled to or within the fabric covering to form a collective force absorbing member to provide impact force protection, wherein each of the plurality of 6 include at least foam, figure 3).
While Lampe discloses force absorbing members as being “suitably selected in consideration of the portion of the head which the padding is to cover as well as in consideration of the particular environment”, Col. 3-4 ln. 65-1, and that the force absorbing members are “Suitable padding material includes solid and/or laminated foam, and foam formed from plastic”, Col. 4 ln. 5-7, Lampe fails to teach, each of the plurality of thin force absorbing members having a thickness of approximately 1 to 5 millimeters; wherein each of the plurality of thin force absorbing members include at least polyurethane foam.
Wasserkrug, a protective head device, Abstract, teaches, wherein the thin force absorbing member has a thickness of approximately 1 to 5 millimeters (“FIG. 3 illustrates the inner section 200 of the headgear 100. The inner section 200 may also be termed the comfort zone because the inner section 200 provides comfort and protection to and for a user's head. The inner section 200 may be constructed of a polymeric foam material or other shock-absorbent materials…Ideally, the inner section 200 has a thickness 230 of about 1 to 10 mm and more specifically, the inner section 200 has a thickness 230 of about 5 mm.”, [0015], therefore, 200 has a thickness of approximately 1 to 5 millimeters, figure 3).
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 each of the plurality of thin force absorbing members of Lampe with a thickness of approximately 1 to 5 millimeters as taught by Wasserkrug in order provide the user the benefit of comfort and protection to and for a user's head, and providing thinner force absorbing members will reduce the overall weight of the head device improving comfort and flexibility of the device.
Regarding claim limitation “wherein each of the plurality of thin force absorbing members include at least polyurethane foam”, Lampe discloses force absorbing members as being “foam formed from plastic”, see Lampe Col. 4 ln. 5-7 and Wasserkrug discloses a thin force absorbing member as being “a polymeric foam material”, see Wasserkrug [0015], 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 each of the plurality of thin force absorbing members as including at least polyurethane foam, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07. In this case, by providing each of the plurality of thin force absorbing members as including at least polyurethane foam, provides the benefits of having absorbing members that have high impact absorptions, moisture resistance and high durability, which are properties of polyurethane foam.
Regarding claim 3, Lampe teaches, A protective headwear, comprising: a fabric covering configured to provide an exterior surface for the protective headwear; and a plurality of force absorbing materials being positioned at distinct locations about the protective hat and being secured relative to the protective hat where positioned, the plurality of force absorbing materials including at least: a first force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a first position; a second force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a second position; and a third force absorbing member provided internal to the fabric covering and secured relative to the protective hat at a third position, wherein the first position is located at a first side portion of the protective hat, and the second position is located at a second side portion of the protective hat, wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective hat, and wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm ( “Generally, the present invention relates to improvements to a headguard for athletes and in particular soccer players. One embodiment of the invention is a headguard which includes a headband which encircles the head from the forehead to the back of the head with the portion on the top of the head open. The headband may be made of stretchable material and have adjustment straps. The headband has shock absorbing materials such as foam, gels or other padding.”, Col. 2 ln. 23-30, “The thickness of the padding may be suitably selected in consideration of the portion of the head which the padding is to cover as well as in consideration of the particular environment. in which the headguard is worn. For example, the thickness of the padding may vary among the top, front, side, and back portions of the padding. Pad thickness around, for example, 1/2 to 1 and 1/2 inches, would be suitable for many applications. Suitable padding material includes solid and/or laminated foam, and foam formed from plastic, for example. The fabric covering may be made of stretchable material.”, Col. 3-4 ln. 65-8, “In one embodiment the fabric covering 1 encircles the head entirely from the forehead to the occipital bone as shown in FIG. 1. The fabric covering 1 the forehead extends from the brow to above the frontal bone. At the rear, the fabric generally covers the occipital bone 2.”, Col. 4 ln. 9-13, “The fabric covering 1 may encase the padding in either sleeves or pockets. The padding may be located on the forehead area, the side of the head, and around the occipital bone. The padding may be of different materials. Die cut foam 6 may be used as shown in FIG. 3. In FIG. 3 one arrangement of foam 6 is shown. In this arrangement the pockets may have an opening along a line 7 allowing the foam 6 to be inserted into or removed from the pocket. In FIG. 4 vertically extending pockets 8 would encase the foam 6 or alternatively the foam 6 could be inserted into a sleeve created by the headband. In such an embodiment foams of different density or laminated foams could be deployed in the different pockets.”, Col. 4 ln. 21-34, “As noted above, the present invention provides a headguard which may be used in a number of different sports in which impacts to the head may occur.”, Col. 7 ln. 1-3, therefore, a protective headwear shown in figure 3, comprising: 1 configured to provide an exterior surface for 1; and a plurality of 6 being positioned at distinct locations about the protective headwear and being secured relative to the protective headwear where positioned, the plurality of 6 including at least: a first 6 provided internal to 1 and secured relative to the protective headwear at a first position; a second 6 provided internal to 1 and secured relative to the protective headwear at a second position; and a third 6 provided internal to 1 and secured relative to the protective headwear at a third position, wherein the first position is located at a first side portion of the protective headwear (see annotated figure 3), and the second position is located at a second side portion of the protective headwear (see annotated figure 3), wherein the third position is located at least a portion of each of one or more of a front portion, a top portion and a rear portion of the protective headwear (see annotated figure 3), and wherein each of the 6 comprises foam and has a thickness, figure 3, annotated figure 3).
While Lampe discloses force absorbing members as being “suitably selected in consideration of the portion of the head which the padding is to cover as well as in consideration of the particular environment”, Col. 3-4 ln. 65-1, and that the force absorbing members are “Suitable padding material includes solid and/or laminated foam, and foam formed from plastic”, Col. 4 ln. 5-7, Lampe fails to teach, a protective hat, wherein each of the force absorbing members comprises polyurethane foam and has a thickness of approximately 1 to 5 mm.
Wasserkrug, a protective head device, Abstract, teaches, a protective hat, wherein the force absorbing member has a thickness of approximately 1 to 5 mm (“Described is a protective headgear for sports and recreational activities. The protective headgear is designed to provide a user protection against impact or collision due to a fall or contact with a static or moving object, while at the same time providing the user the maximum amount of comfort and style.”, Abstract, “FIG. 3 illustrates the inner section 200 of the headgear 100. The inner section 200 may also be termed the comfort zone because the inner section 200 provides comfort and protection to and for a user's head. The inner section 200 may be constructed of a polymeric foam material or other shock-absorbent materials…Ideally, the inner section 200 has a thickness 230 of about 1 to 10 mm and more specifically, the inner section 200 has a thickness 230 of about 5 mm.”, [0015], therefore, 100 is a protective hat, wherein 200 has a thickness of approximately 1 to 5 mm, figure 3).
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 headwear of Lampe as being a protective hat as taught by Wasserkrug in order to provide a headwear that protects the entirety of the user’s head for “protection against impact or collision due to a fall or contact with a static or moving object”, Abstract, and provide each of the plurality of force absorbing members of Lampe with a thickness of approximately 1 to 5 millimeters as further taught by Wasserkrug in order provide the user the benefit of comfort and protection to and for a user's head, and providing thinner force absorbing members will reduce the overall weight of the head device improving comfort and flexibility of the device.
Regarding claim limitation “wherein each of the force absorbing members comprises polyurethane foam”, Lampe discloses force absorbing members as being “foam formed from plastic”, see Lampe Col. 4 ln. 5-7 and Wasserkrug discloses a force absorbing member as being “a polymeric foam material”, see Wasserkrug [0015], 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 each of the force absorbing members as comprising polyurethane foam, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07. In this case, by providing each of the force absorbing members as comprising polyurethane foam, provides the benefits of having absorbing members that have high impact absorptions, moisture resistance and high durability, which are properties of polyurethane foam.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2005/0060911 by Falone discloses a protective head device with a plurality of force absorbing members.
2. 2004/0107482 by Picotte discloses a protective head device with a plurality of force absorbing members.
3. 5,405,312 by Jacobs discloses a body part guard with padding having a thickness of approximately 1 to 5 millimeters.
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 8:30-4:30.
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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