DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s response of 6/4/2026 is received. Claims 1, 6, 12-14, 19, and 20 are amended, and new claims 21-23 are submitted. Claims 1-23 are pending.
A specification amendment and a new abstract were also received with the response and are entered.
Terminal Disclaimer
The terminal disclaimer of 6/4/2026 is received and accepted and therefore the double patenting rejections are withdrawn.
Specification
The disclosure is objected to because of the following informalities: Note that the amendment to the specification for paragraph 001 of 6/4/2026 is entered; however, it did not include the application number for US 11,167,198. In lines 2-3 of paragraph 001 after “which is a continuation of” insert “U.S. Patent Application No. 16/691,436, filed November 21, 2019,” so that lines 2-3+ read as “which is a continuation of U.S. Patent Application No. 16/691,436, filed November 21, 2019, now U.S. Patent No.11,167,198, filed November 21, 2019, which claims the….”
Appropriate correction is required.
Claim Objections
Claims 6, 7, 9, 10, 12, and 13 are objected to because of the following informalities:
Claims 6 and 7: delete “there through” and replace with “therethrough”,
Claims 9 and 10: delete “that provides the lattice cell” for consistency with the recitations of claims 12 and 13,
Claims 12 and 13: delete “that” after “cell” in both claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 13 and 22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 13 lacks antecedent basis for “the second lattice cell type”. Claim 22 lacks antecedent basis for “the energy attenuation region” of the first energy attenuation member. Therefore, the scope of claims 13 and 22 is unclear.
Response to Arguments
Applicant’s arguments have been considered. All rejections and objections have been obviated in Applicant’s response, except for those addressed herein. Regarding the limitations of claim 14 as amended, it is noted that the limitations are functional, as they are set forth as present when the first energy attenuation member is not installed within the shell of the helmet.
Allowable Subject Matter
Claims 1-12, 14-21, and 23 are allowed (pending response to claim objections).
Claims 13 and 22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
/KATHERINE M MORAN/ Primary Examiner, Art Unit 3732
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