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 .
Election/Restrictions
Claims 3-4 and 13-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 11, 2026.
After a full review of Applicant’s disclosure, Claims 7 and 17 are withdrawn, as the elected Species 1: Fig.4A-4C does not contain a tether. Claims 1-2, 5-6, 8-12, 15-16, and 18-20 are currently pending.
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 (i.e., changing from AIA to pre-AIA ) 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, 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 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.
1. Claim(s) 1-2, 5-6, 8-12, 15-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bridgers (US 5,911,310) in view of White (US 2005/0108800), and in further view of Bishop (US 2023/0189907).
Regarding Claim 1, Bridgers discloses an article of equipment (10) comprising: a main body (12) including a first surface (14) operable to oppose a wearer during use and a second surface (13) disposed on an opposite side of the main body than the first surface (as seen in Fig.1-3); a first strap (24) including a first end (i.e. end of 24 permanently attached to 12) attached to the main body and a second end (i.e. end of 24 with 25) disposed on an opposite end of the first strap than the first end and attached to the main body at a different location than the first end (as seen in Fig.1), the first strap cooperating with the first surface of the main body to define a receptacle (i.e. lower leg accommodating space) operable to receive a body portion of the wearer therein (Col.3, lines 64-67); a first bladder (30) including a first barrier element (i.e. front face of 30) attached to a second barrier element (i.e. rear face of 30) to define a chamber having an interior void (as seen in Fig.3), the first bladder disposed within the main body, extending along a longitudinal axis between a first end (i.e. top end of 12) and a second end (i.e. bottom end of 12) of the main body (as seen in Fig.1 & 3). Bridgers does not disclose the first bladder including one of an adjustment element and a plurality of locking elements disposed within the interior void of the first bladder. However, White teaches a shin guard having a plurality of locking elements (15/48; para.41 & 60) which are disposed within the interior void of a pocket (27)(para.44 & 51; as seen in Fig.2, 7, 15 & 17).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first bladder of Bridgers to include a plurality of locking elements, as taught by White, in order to provide protection to the user against impacts and strain injuries. When in combination, Bridgers and White teach a plurality of locking elements disposed within the interior void of the first bladder.
Bridgers and White disclose the invention substantially as claimed above. Bridgers does not disclose a second bladder including a third barrier element attached to a fourth barrier element to define a chamber having an interior void, the second bladder disposed within the first strap and including the other of the adjustment element and the plurality of locking elements disposed within the interior void of the second bladder. However, Bishop teaches a first strap (36; Fig.20) having a second bladder (100/102) including a third barrier element (104a) attached to a fourth barrier element (104b) to define a chamber having an interior void (108)(as seen in Fig.3B), the second bladder disposed within the first strap (i.e. 100/102 is disposed within the perimeter of strap 36) and including the other of the adjustment element (124; para.121) and the plurality of locking elements disposed within the interior void of the second bladder (as seen in Fig.3B).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the strap of Bridgers to include a bladder with an adjustment element, as taught by Bishop, in order to allow a wearer to lock the size or shape of the article to a body part of the wearer for better support and fit.
Regarding Claim 2, White further teaches an article of equipment of Claim 1, further including at least one elastic element (50/60), the at least one elastic element including a first fastening portion (i.e. 50/60 above 49) coupled to a first attachment region (i.e. 48/15 above 49) of each of the plurality of locking elements (48/15) and a second fastening portion (i.e. 50/60 below 49) coupled to a second attachment region (i.e. 48/15 below 49) of each of the plurality of locking elements (as seen in Fig.15 & 17).
Regarding Claim 5, White further teaches an article of equipment of Claim 2, wherein each of the plurality of locking elements defines an opening (49) at a central region (i.e. 49 is at a central region of the width of 48/15, inasmuch as has been claimed by Applicant) of each locking element and the first and second attachment regions are disposed proximate to the opening at the central region of each locking element (as seen in Fig.15 & 17).
Regarding Claim 6, White further teaches an article of equipment of Claim 2, wherein the at least one elastic element (50/60) includes an outer fastening portion (i.e. outer edges of 50/60) coupled to the first attachment region of the plurality of locking elements and an inner fastening portion (i.e. middle portion of 50/60 between the outer edges of 50/60) coupled to the second attachment region of the plurality of locking elements (as seen in Fig.15 & 17).
Regarding Claim 8, Bridgers discloses an article of equipment of Claim 11, wherein each of the locking elements includes a pair of interface surfaces (i.e. bottom surface at one end of 15/48 & top surface at second end of 15/48) disposed on opposite sides of each locking element (i.e. top & bottom ends of 15/48), the interface surfaces of the locking elements being in direct contact with the interface surfaces of adjacent locking elements to form a locking layer (as seen in Fig.2, 15 & 17).
Regarding Claim 9, Bishop further teaches an article of equipment of Claim 1, wherein the adjustment element (124) includes a compressible component (para.121).
Regarding Claim 10, When in combination, Bridgers and Bishop teach an article of equipment of Claim 1, further comprising a pump operable to selectively remove fluid from the interior void of the first bladder and the interior void of the second bladder (Bridgers: Col.4, lines 23-26 & Bishop: para.111).
Regarding Claim 11, Bridgers discloses an article of equipment (10) comprising: a main body (12) including a first surface (14) operable to oppose a wearer during use and a second surface (13) disposed on an opposite side of the main body than the first surface (as seen in Fig.1-3); a first strap (24) including a first end (i.e. end of 24 permanently attached to 12) attached to the main body and a second end (i.e. end of 24 with 25) disposed on an opposite end of the first strap than the first end and attached to the main body at a different location than the first end (as seen in Fig.1), the first strap cooperating with the first surface of the main body to define a receptacle (i.e. lower leg accommodating space) operable to receive a body portion of the wearer therein (Col.3, lines 64-67); a first bladder (30) including a first barrier element (i.e. front face of 30) attached to a second barrier element (i.e. rear face of 30) to define a chamber having an interior void (as seen in Fig.3), the first bladder disposed within the main body and extending along a longitudinal axis between a first end (i.e. top end of 12) and a second end (i.e. bottom end of 12) of the main body (as seen in Fig.1 & 3). Bridgers does not disclose the first bladder a plurality of locking elements disposed within the interior void of the first bladder, the locking elements including an interface surface operable to selectively engage an interface surface of another one of the locking elements in response to fluid being removed from the interior void of the first bladder to restrict elongation of the first bladder. However, However, White teaches a shin guard having a plurality of locking elements (15/48; para.41 & 60) which are disposed within the interior void of a pocket (27)(para.44 & 51; as seen in Fig.2, 7, 15 & 17), the locking elements including an interface surface operable to selectively engage an interface surface of another one of the locking elements (as seen in Fig.2, 15 & 17, plates 15/48 each have a surface that engages the adjacent plate at a surface).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first bladder of Bridgers to include a plurality of locking elements, as taught by White, in order to provide protection to the user against impacts and strain injuries. When in combination, Bridgers and White teach a plurality of locking elements disposed within the interior void of the first bladder, the interface surface operable to selectively engage an interface surface of another one of the locking elements in response to fluid being removed from the interior void of the first bladder to restrict elongation of the first bladder.
Bridgers and White disclose the invention substantially as claimed above. Bridgers does not disclose a second bladder including a third barrier element attached to a fourth barrier element to define a chamber having an interior void, the second bladder disposed within the first strap; and an adjustment element disposed within the interior void of the second bladder, the adjustment element including a compressible component including an infill having a plurality of recesses interspaced by a plurality of ridges and operable between a relaxed state and a constricted state. However, Bishop teaches a first strap (36; Fig.20) having a second bladder (100/102) including a third barrier element (104a) attached to a fourth barrier element (104b) to define a chamber having an interior void (108)(as seen in Fig.3B), the second bladder disposed within the first strap (i.e. 100/102 is disposed within the perimeter of strap 36); and an adjustment element (124; para.121) disposed within the interior void of the second bladder, the adjustment element including a compressible component (i.e. 124 is compressible) including an infill having a plurality of recesses interspaced by a plurality of ridges and operable between a relaxed state and a constricted state (as seen in Fig.3B).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the strap of Bridgers to include a bladder with an adjustment element, as taught by Bishop, in order to allow a wearer to lock the size or shape of the article to a body part of the wearer for better support and fit.
Regarding Claim 12, White further teaches an article of equipment of Claim 11, further including at least one elastic element (50/60), the at least one elastic element including a first fastening portion (i.e. 50/60 above 49) coupled to a first attachment region (i.e. 48/15 above 49) of each of the plurality of locking elements (48/15) and a second fastening portion (i.e. 50/60 below 49) coupled to a second attachment region (i.e. 48/15 below 49) of each of the plurality of locking elements (as seen in Fig.15 & 17).
Regarding Claim 15, White further teaches an article of equipment of Claim 12, wherein each of the plurality of locking elements defines an opening (49) at a central region (i.e. 49 is at a central region of the width of 48/15, inasmuch as has been claimed by Applicant) of each locking element and the first and second attachment regions are disposed proximate to the opening at the central region of each locking element (as seen in Fig.15 & 17).
Regarding Claim 16, White further teaches an article of equipment of Claim 12, wherein the at least one elastic element (50/60) includes an outer fastening portion (i.e. outer edges of 50/60) coupled to the first attachment region of the plurality of locking elements and an inner fastening portion (i.e. middle portion of 50/60 between the outer edges of 50/60) coupled to the second attachment region of the plurality of locking elements (as seen in Fig.15 & 17).
Regarding Claim 18, Bridgers discloses an article of equipment of Claim 11, wherein each of the locking elements includes a pair of interface surfaces (i.e. bottom surface at one end of 15/48 & top surface at second end of 15/48) disposed on opposite sides of each locking element (i.e. top & bottom ends of 15/48), the interface surfaces of the locking elements being in direct contact with the interface surfaces of adjacent locking elements to form a locking layer (as seen in Fig.2, 15 & 17).
Regarding Claim 19, Bishop further teaches an article of equipment of Claim 11, wherein the compressible component (124) is corrugated along a width of the compressible component (as seen in Fig.3B).
Regarding Claim 20, When in combination, Bridgers and Bishop teach an article of equipment of Claim 11, further comprising a pump operable to selectively remove fluid from the interior void of the first bladder and the interior void of the second bladder (Bridgers: Col.4, lines 23-26 & Bishop: para.111).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN E LYNCH whose telephone number is (571)272-3267. The examiner can normally be reached Monday to Friday, 8:00am-4:00pm EST.
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/MEGAN E LYNCH/Primary Examiner, Art Unit 3732
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