Appeal No. 2004-2354
Application No. 09/923,991 Page 16
Because Jordan’s enclosure is filled with cellular foam
saturated with a liquid, the examiner recognizes that Jordan does
not teach a plurality of matrix elements disposed together with a
liquid in an enclosure as required by claims 5, 6, 11, 13, 15 and
17. Thus, the examiner relies on Moore for allegedly showing a
matrix that includes a plurality of elements shaped as claimed
herein. See page 8 of the answer and column 2, lines 33-68 and
column 3, lines 15-68 of Moore as referred to by the examiner.
The examiner maintains that (answer, pages 8 and 9):
it would have been obvious to one of ordinary
skill in the art at the time applicant’s invention was
made to have provided a crushable matrix which has a
plurality of matrix elements selected from the group
consisting of cylinders, hemispheres or pyramids,
wherein the crushable matrix includes a plurality of
hemispheres, and said hemispheres disposed in pairs
connected at the convexities in the trauma mitigation
device of Jordan in order to provide improved impact
resistance as taught or suggested by Moore.
Jordan and Moore disclose the claimed invention
except for the inclusion of pyramids which are disposed
in pairs connected at the apexes recited in claim 17.
However, Moore teaches the inclusion of a plurality of
hemispheres disposed in pairs connected at the
convexities as just described above. Furthermore,
Moore teaches that these hemispheres can be of any
desired shape (column 3, lines 30-42). Further, it
would have been obvious to one having ordinary skill in
the art at the time the invention was made to have
provided a trauma mitigation device including pyramids
which are disposed in pairs connected at the apexes,
since it has been held that a change in shape involves
only routine skill in the art (applies to instant claim
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