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 June 6, 2025 in which claims 1-19 are presented for examination.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the below structures must be shown or the feature(s) canceled from the claim(s).
1. at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user”, which is unclear since the Specification gives no clear description of at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user as claimed. Applicant' s Specification discloses in [0025] “Those skilled in the art will appreciate various particular embodiments that may be indicated by the aspects discussed herein. For example, the disclosed protective equipment may be or may be included in an athletic shirt 208a…The protective aspects may be stitched into equipment 208 or garments 208, inserted into pre-formed pouches, or otherwise integrated with wearable items”, therefore based on Applicant' s disclosure there is no description of “at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user” as claimed, therefore, claim 1 fails to meet the written description requirement.
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.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and dependent claims of U.S. Patent No. 11,964,599. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 and dependent claims are anticipated by the conflicting patented claim 1 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. 11,964,599
1. (Original) A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user human body wearing the protective garment, including a concussive blow to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis and which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;
at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user;
at least one multi sectional pad in the at least one pocket and positioned by wearing of the garment body to specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest,
the multi-sectional pad comprising:
a first section of the multiple pad sections covering the center of the chest during wearing;
a second section and third section of the multiple pad sections being immediately adjacent to one another and being shaped and sized to fit integrally with the first section, and to protect specifically the left-lateral portion of the chest from the wearer' s left side without any contiguous portion thereof covering the center of the chest of the wearer; and
the first, second and third sections each comprise at least one foam layer and at least one aramid layer.
2. wherein the at least one foam layer comprises a multi-durometer foam having a substantially similar surface area to a surface area of the at least one aramid layer.
12. wherein the first section has at least one of an irregular shape and a cloverleaf shape.
1. A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user, including if the concussive blow occurs to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;
at least one pocket placed over at least the left-lateral portion of the chest of the user, and the center of the chest of the user;
at least three physically separate padding sections for insertion into the at least one pocket and being physically adapted to, and positioned by wearing of the garment body to, specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest having the heightened susceptibility,
wherein at least a first of the at least three sections is substantially at the center of the chest during wearing and is configured to overlay at least the center in a cloverleaf shape, and
wherein at least a second and third of the at least three sections are immediately adjacent to one another, are substantially rectangular, have one end shaped and sized to as to fit integrally with the first section, and are vertically staggered with respect to one another to protect specifically the left-lateral portion of the chest,
the at least three sections of the at least one multi-sectional pad each comprising: at least one aramid layer;
at least one multi-durometer foam layer having a substantially similar surface area to a surface area of the at least one aramid layer; and
at least one shield layer.
3. wherein the at least one multi-durometer foam comprises a high-density foam and low-density foam in combination.
2. wherein the at least one multi-durometer foam layer comprises a high-density foam and low-density foam in combination.
4. wherein the high density foam has a density in a range of about twelve to about thirty-two pounds per cubic foot.
3. wherein the high density foam has a density in a range of about twelve to about thirty-two pounds per cubic foot.
5. wherein the high density foam has a density of about twenty pounds per cubic foot.
4. wherein the high density foam has a density of about twenty pounds per cubic foot.
6. wherein the low density foam has a density of about three to about twelve pounds per cubic foot.
5. wherein the low density foam has a density of about three to about twelve pounds per cubic foot.
7. wherein the low density foam has a density of about nine pounds per cubic foot.
6. wherein the low density foam has a density of about nine pounds per cubic foot.
8. wherein the at least one multi-durometer foam comprises a nine-pound per cubic foot density foam configured to position outside the human body and configured to locate over the human cardiac system, and a thirty-one pound per cubic foot density foam distally from the human body.
7. wherein the at least one multi-durometer foam layer comprises a nine-pound per cubic foot density foam configured to position outside the human body and configured to locate over the human cardiac system, and a thirty-one pound per cubic foot density foam distally from the human body.
13. wherein the first, second and third sections each further comprise at least one shield layer.
8. wherein the at least one shield layer is adapted to be most adjacent of the at least one aramid, at least one multi-durometer foam, and at least one shield layers to the human cardiac system.
14. wherein the at least one shield layer is adapted to be most adjacent of the layers to the human cardiac system.
8. wherein the at least one shield layer is adapted to be most adjacent of the at least one aramid, at least one multi-durometer foam, and at least one shield layers to the human cardiac system.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and dependent claims of U.S. Patent No. 12,274,318. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 and dependent claims are anticipated by the conflicting patented claim 1 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. 12,274,318
1. (Original) A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user human body wearing the protective garment, including a concussive blow to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis and which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;
at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user;
at least one multi sectional pad in the at least one pocket and positioned by wearing of the garment body to specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest,
the multi-sectional pad comprising:
a first section of the multiple pad sections covering the center of the chest during wearing;
a second section and third section of the multiple pad sections being immediately adjacent to one another and being shaped and sized to fit integrally with the first section, and to protect specifically the left-lateral portion of the chest from the wearer' s left side without any contiguous portion thereof covering the center of the chest of the wearer; and
the first, second and third sections each comprise at least one foam layer and at least one aramid layer.
2. wherein the at least one foam layer comprises a multi-durometer foam having a substantially similar surface area to a surface area of the at least one aramid layer.
12. wherein the first section has at least one of an irregular shape and a cloverleaf shape.
1. A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user human body wearing the protective garment, including a concussive blow to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis and which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;
at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user;
at least one multi sectional pad in the at least one pocket and positioned by wearing of the garment body to, specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest,
the multi-sectional pad comprising:
a first section of the multiple pad sections having a cloverleaf shape and covering the center of the chest during wearing;
a second and third of the multiple pad sections being immediately adjacent to one another and being shaped and sized to fit integrally with the first section, and to protect specifically the left-lateral portion of the chest from the wearer's left side without any contiguous portion thereof covering the center of the chest of the wearer;
the first, second and third sections each comprising: an aramid layer; and
a multi-durometer foam layer having a substantially similar surface area to a surface area of the aramid layer.
3. wherein the at least one multi-durometer foam comprises a high-density foam and low-density foam in combination.
2. wherein the multi-durometer foam layer comprises a high-density foam and low-density foam in combination.
4. wherein the high density foam has a density in a range of about twelve to about thirty-two pounds per cubic foot.
3. wherein the high density foam has a density in a range of about twelve to about thirty-two pounds per cubic foot.
5. wherein the high density foam has a density of about twenty pounds per cubic foot.
4. wherein the high density foam has a density of about twenty pounds per cubic foot.
6. wherein the low density foam has a density of about three to about twelve pounds per cubic foot.
5. wherein the low density foam has a density of about three to about twelve pounds per cubic foot.
7. wherein the low density foam has a density of about nine pounds per cubic foot.
6. wherein the low density foam has a density of about nine pounds per cubic foot.
8. wherein the at least one multi-durometer foam comprises a nine-pound per cubic foot density foam configured to position outside the human body and configured to locate over the human cardiac system, and a thirty-one pound per cubic foot density foam distally from the human body.
7. wherein the at least one multi-durometer foam layer comprises a nine-pound per cubic foot density foam configured to position outside the human body and configured to locate over the human cardiac system, and a thirty-one pound per cubic foot density foam distally from the human body.
9. wherein the at least one aramid layer comprises an elastomeric coating on at least one side thereof.
11. wherein the aramid layer comprises an elastomeric coating on both sides thereof.
13. wherein the first, second and third sections each further comprise at least one shield layer.
8. wherein the first, second and third sections each further comprise a shield layer.
14. wherein the at least one shield layer is adapted to be most adjacent of the layers to the human cardiac system.
9. wherein the at least one shield layer is adapted to be most adjacent of the aramid, the multi-durometer foam layer, and the shield layer to the human cardiac system.
15. wherein the at least one shield layer comprises a polypropylene polymer.
10. wherein the shield layer comprises a polypropylene polymer.
16. wherein the garment body comprises a lacrosse chest protector.
12. wherein the garment body comprises a lacrosse chest protector.
17. wherein the garment body comprises a baseball chest protector.
13. wherein the garment body comprises a baseball chest protector.
18. wherein the garment body comprises an athletic shirt.
14. wherein the garment body comprises an athletic shirt.
19. wherein the athletic shirt comprises a sweat-wicking fabric.
15. wherein the athletic shirt comprises a sweat-wicking fabric.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13 and 14 of U.S. Patent No. 11,690,414. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 and dependent claims are anticipated by the conflicting patented claims 1, 13 and 14 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. 11,690,414
1. (Original) A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user human body wearing the protective garment, including a concussive blow to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis and which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;
at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user;
at least one multi sectional pad in the at least one pocket and positioned by wearing of the garment body to specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest,
the multi-sectional pad comprising:
a first section of the multiple pad sections covering the center of the chest during wearing;
a second section and third section of the multiple pad sections being immediately adjacent to one another and being shaped and sized to fit integrally with the first section, and to protect specifically the left-lateral portion of the chest from the wearer' s left side without any contiguous portion thereof covering the center of the chest of the wearer; and
the first, second and third sections each comprise at least one foam layer and at least one aramid layer.
2. wherein the at least one foam layer comprises a multi-durometer foam having a substantially similar surface area to a surface area of the at least one aramid layer.
12. wherein the first section has at least one of an irregular shape and a cloverleaf shape.
13. wherein the first, second and third sections each further comprise at least one shield layer.
1. A protective garment capable of preventing commotio cordis due to a concussive blow to a side aspect of a user's cardiopulmonary system enclosed particularly within a left-lateral chest portion of the user, comprising:
a garment body including at least one pocket portion placed only over the lateral chest portion with the greatest susceptibility to the commotio cordis when the garment body is worn by the user;
three pads for insertion into the at least one pocket portion to thereby protect the side aspect when the garment body is worn by the user,
an arrangement of the three pads consisting of a clover-leaf shaped central pad and two adjacent oblong pads interlocked with each other and to a lower-right quadrant of the clover-leaf shaped central pad,
each of the three pads, comprising:
at least one concussive-force dissipating layer;
a multi-durometer foam layer having a similar shape and surface area to that provided by the concussive force dissipating layer,
the multi-durometer foam layer comprising a most proximate part of the pad to the user when the garment body is worn by the user; and
a shielding layer comprising a least proximate part of the pad to the user when the garment body is worn by the user.
1. (Original) A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user human body wearing the protective garment, including a concussive blow to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis and which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;
at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user;
at least one multi sectional pad in the at least one pocket and positioned by wearing of the garment body to specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest,
the multi-sectional pad comprising:
a first section of the multiple pad sections covering the center of the chest during wearing;
a second section and third section of the multiple pad sections being immediately adjacent to one another and being shaped and sized to fit integrally with the first section, and to protect specifically the left-lateral portion of the chest from the wearer' s left side without any contiguous portion thereof covering the center of the chest of the wearer; and
the first, second and third sections each comprise at least one foam layer and at least one aramid layer.
2. wherein the at least one foam layer comprises a multi-durometer foam having a substantially similar surface area to a surface area of the at least one aramid layer.
12. wherein the first section has at least one of an irregular shape and a cloverleaf shape.
13. wherein the first, second and third sections each further comprise at least one shield layer.
13. A protective garment capable of preventing commotio cordis due to a concussive impact to a side aspect of a user's cardiopulmonary system as enclosed particularly within a left-lateral chest portion of the user, comprising:
a garment body including at least one pocket portion placed only over the lateral chest portion with the greatest susceptibility to the commotio cordis when the garment body is worn by the user;
three pads for insertion into the at least one pocket portion to thereby protect the side aspect when the garment body is worn by the user,
an arrangement of the three pads consisting of a clover-leaf shaped central pad and two adjacent oblong pads interlocked with each other and to a lower-right quadrant of the clover-leaf shaped central pad,
each of the three pads, comprising:
at least one concussive-force dissipating layer; and
multi-durometer foam layers comprised of at least a force dissipating foam layer and another layer in proximate comprised of a comparatively higher density foam layer or a comparatively lower density foam layer having a similar shape and surface area to that provided by the concussive force dissipating layer,
the multi-durometer foam layers formed together in the pocket portion.
1. (Original) A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user human body wearing the protective garment, including a concussive blow to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis and which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user;
at least one multi sectional pad in the at least one pocket and positioned by wearing of the garment body to specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest,
the multi-sectional pad comprising:
a first section of the multiple pad sections covering the center of the chest during wearing;
a second section and third section of the multiple pad sections being immediately adjacent to one another and being shaped and sized to fit integrally with the first section, and to protect specifically the left-lateral portion of the chest from the wearer' s left side without any contiguous portion thereof covering the center of the chest of the wearer; and
the first, second and third sections each comprise at least one foam layer and at least one aramid layer.
2. wherein the at least one foam layer comprises a multi-durometer foam having a substantially similar surface area to a surface area of the at least one aramid layer.
12. wherein the first section has at least one of an irregular shape and a cloverleaf shape.
13. wherein the first, second and third sections each further comprise at least one shield layer.
14. A protective garment capable of preventing commotio cordis from a concussive impact on a side aspect of a user's cardiopulmonary system within a left-lateral chest portion of the user, comprising:
a garment body including at least one pocket portion placed only over the lateral chest portion most susceptible to commotio cordis when the garment body is worn by the user;
three pads for insertion into the at least one pocket portion to thus protect the side aspect when the garment body is worn by the user,
an arrangement of the three pads consisting of a clover-leaf shaped central pad and two adjacent oblong pads interlocked with each other and to a lower-right quadrant of the clover-leaf shaped central pad,
each of the three pads, comprising:
at least one concussive-force dissipating layer;
multi-durometer foam layers comprised of at least a higher density foam layer and a lower density foam layer, relative to each other, each having a similar shape and surface area to that provided by the concussive force dissipating layer,
the multi-durometer foam layers being adhered together in the pocket portion and comprising a most proximate part of the pad to the user when the garment body is worn by the user; and
a semi-rigid shielding layer, placed in proximity to the multi-durometer foam layers and comprising a least proximate part of the pad to the user when the garment body is worn by the user.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,108,818. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 and dependent claims are anticipated by the conflicting patented claim 1 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. 12,108,818
1. (Original) A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user human body wearing the protective garment, including a concussive blow to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis and which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;
at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user;
at least one multi sectional pad in the at least one pocket and positioned by wearing of the garment body to specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest,
the multi-sectional pad comprising:
a first section of the multiple pad sections covering the center of the chest during wearing;
a second section and third section of the multiple pad sections being immediately adjacent to one another and being shaped and sized to fit integrally with the first section, and to protect specifically the left-lateral portion of the chest from the wearer' s left side without any contiguous portion thereof covering the center of the chest of the wearer; and
the first, second and third sections each comprise at least one foam layer and at least one aramid layer.
2. wherein the at least one foam layer comprises a multi-durometer foam having a substantially similar surface area to a surface area of the at least one aramid layer.
12. wherein the first section has at least one of an irregular shape and a cloverleaf shape.
13. wherein the first, second and third sections each further comprise at least one shield layer.
1. A protective garment capable of preventing concussive impact effects on a side aspect of a user's cardiopulmonary system enclosed particularly by a left-lateral chest portion of the user, comprising:
a garment body including at least one side pocket portion configured to align over the lateral chest portion without any portion thereof configured to align over a center chest portion of the user when the garment body is worn by the user;
a pad for insertion into the at least one side pocket portion, the pad being configured to protect the side aspect when the garment body is worn by the user, and
the pad comprising:
at least one concussive-force dissipating layer;
a multi-durometer foam layer having a similar shape and surface area to that provided by the concussive force dissipating layer,
the multi-durometer foam layer configured to be most proximate to the lateral chest portion when the garment body is worn by the user; and
a shielding layer configured to be least proximate to the lateral chest portion when the garment body is worn by the user.
Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,274,318. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 and dependent claims are anticipated by the conflicting patented claim 1 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. 12,250,980
1. (Original) A protective garment capable of preventing commotio cordis due to a concussive blow to a human cardiac system within a chest of a user human body wearing the protective garment, including a concussive blow to a side aspect of the human cardiac system having a heightened susceptibility to the commotio cordis and which is enclosed particularly within a left-lateral portion the chest of the user, comprising:
a garment body;
at least one pocket embedded in the garment body and placed over at least the left-lateral portion and a center of the chest of the user;
at least one multi sectional pad in the at least one pocket and positioned by wearing of the garment body to specifically cover the human cardiac system at both the center and only the left-lateral portions of the chest,
the multi-sectional pad comprising:
a first section of the multiple pad sections covering the center of the chest during wearing;
a second section and third section of the multiple pad sections being immediately adjacent to one another and being shaped and sized to fit integrally with the first section, and to protect specifically the left-lateral portion of the chest from the wearer' s left side without any contiguous portion thereof covering the center of the chest of the wearer; and
the first, second and third sections each comprise at least one foam layer and at least one aramid layer.
2. wherein the at least one foam layer comprises a multi-durometer foam having a substantially similar surface area to a surface area of the at least one aramid layer.
13. wherein the first, second and third sections each further comprise at least one shield layer.
1. A protective garment capable of preventing commotio cordis due to a concussive blow to a front or a side aspect of a user's cardiac system, the side aspect being enclosed particularly within a left-lateral chest portion of a user, comprising:
a garment body including at least one pocket portion that positions over the front and the side aspect when the garment body is worn by the user;
multiple pads for insertion into the at least one pocket portion, the insertion of the multiple pads thereby protecting both the front and the side aspect from the concussive blow at approximately a 90 degree angle to the front or the side aspect when the garment body is worn by the user, and the ones of the pads covering the side aspect having a smaller surface area than the ones of the pads covering the front aspect;
each of the multiple pads comprising:
a concussive-force dissipating layer; a multi-durometer foam layer most proximate to the user when the garment body is worn by the user, and
having a similar shape and surface area to that provided by the concussive force dissipating layer; and a shielding layer least proximate to the user when the garment body is worn by the user.
12. wherein the first section has at least one of an irregular shape and a cloverleaf shape.
2. an arrangement of the multiple pads being a clover-leaf shaped central pad and two adjacent oblong pads interlocked with each other and to a lower-right quadrant of the clover-leaf shaped central pad.
15. wherein the at least one shield layer comprises a polypropylene polymer.
13. wherein the shielding layer comprises polypropylene.
16. wherein the garment body comprises a lacrosse chest protector.
15. wherein the garment body is a chest protector.
17. wherein the garment body comprises a baseball chest protector.
15. wherein the garment body is a chest protector.
18. wherein the garment body comprises an athletic shirt.
16. wherein the garment body is a shirt.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2010/0306907 by Fiegener discloses a protective garment for protecting the human cardiac system with a garment body having a sternum protector with a plurality of pads.
2. 2006/0048292 by Gillen discloses a protective garment with a garment body having pocket for removing/inserting a protective pad in the chest area.
3. 2011/0252549 by Jourde discloses a protective garment with a garment body having an upper chest pad.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732