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
The amendments filed on 10/02/2025 have been entered. Claims 1-3, 6, 7, 10-14, 26-30, 32, 35-38 remain pending in the application. Applicant’s amendments to the Claims and Specification have overcome each and every objection previously set forth in the Non-final Office Action mailed 11/01/2024.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claims 37 recites the limitation “the smallest overall width is at a lower terminal end of the upper shin guard piece,” which lacks antecedent basis in the written specification. The amended specification filed 10/02/2025 does mention the smallest overall width of the upper shin guard piece (paragraph [0050]), but only in relation to the first overall width of the lower shin guard piece, not in regards to where on the upper shin guard piece the smallest overall width is found. For at least these reasons, this limitation is considered as lacking antecedent basis in the written specification.
The amendment filed 10/02/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Amended Paragraph [0050] recites “the continuous band 738 having a length extending vertically across a majority of an entire vertical length of said one of the upper shin guard piece.” The drawings (fig. 10 specifically) do not provide support for the continuous band 738 extending across a majority of the vertical length of the upper shin guard piece, neither do the originally filed claims.
Amended Paragraph [0050] recites “wherein the upper shin guard piece has a smallest overall width and wherein the first overall width is less than the smallest overall width.” The drawings (fig. 10 specifically) do not provide support for the smallest overall width of the upper shin guard piece being smaller than the first width (W1), neither do the originally filed claims.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
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.
Claims 27, 29, 37, and 38 are 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 27 recites the limitation “the continuous band having a length extending vertically across a majority of an entire vertical length of said one of the upper shin guard piece” which is considered as failing to comply with the written description requirement by including new matter. While the instant specification teaches the band of hook and loop fastener, as recited in paragraph {0050], “two continuous bands 734 and 738 that form opposite portions of a hook and loop fastener,” there is no teaching of the extent of the bands. Specifically, there is no disclosure of the bands extending over a majority of a vertical length of each of the upper or lower shin guard pieces. Fig. 10 does not show the continuous band extending along a majority of the vertical length of the upper shin guard. For at least these reasons, Claim 27 is rejected for failing to comply with the written description requirement.
Claim 29 recites the limitation “wherein the upper shin guard piece has a smallest overall width and wherein the first overall width is less than the smallest overall width” which is considered as failing to comply with the written description requirement by including new matter. The written specification is silent as to a first overall width and a smallest overall width of the lower and upper shin guard pieces, respectively. Therefore, the specification is also silent as to the dimensions of both relative to one another. Further, it is not immediately clear from the drawings (specifically figs. 10 and 11) that what appears to be the smallest overall width is less than what is shown as “W1” (considered as referring to the first overall width) in fig. 10. For at least these reasons, the limitation of Claim 29 cited above is rejected for failing to comply with the written description requirement.
Claim 37 recites the limitation “the smallest overall width is at a lower terminal end of the upper shin guard piece,” which is considered as failing to comply with the written description requirement by including new matter. The amended specification filed 10/02/2025 does mention the smallest overall width of the upper shin guard piece (paragraph [0050]), but only in relation to the first overall width of the lower shin guard piece, not in regards to where on the upper shin guard piece the smallest overall width is found. Further, the drawings do not appear to support this limitation, as it is not clear if the upper shin guard piece tapers to the smallest overall width at the upper or lower terminal edge of the upper shin guard piece. For at least these reasons, this limitation is rejected for failing to comply with the written description requirement.
Claim 38 recites the limitation “wherein the upper shin guard piece has a smallest overall width and wherein the first overall width is less than the smallest overall width” which is considered as failing to comply with the written description requirement by including new matter. The written specification is silent as to a first overall width and a smallest overall width of the lower and upper shin guard pieces, respectively. Therefore, the specification is also silent as to the dimensions of both relative to one another. Further, it is not immediately clear from the drawings (specifically figs. 10 and 11) that what appears to be the smallest overall width is less than what is shown as “W1” (considered as referring to the first overall width) in fig. 10. For at least these reasons, the limitation of Claim 38 cited above is rejected for failing to comply with the written description requirement.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 6, 7, 26, 28-30, and 32-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foreman et al. (US 6178556).
Regarding Claim 1, Foreman et al. teaches a shin guard (see annotated Fig.) comprising: an upper shin guard piece (14) having an upper end (see annotated Fig.) for connection to a knee guard and a lower end (see annotated Fig.) (annotated fig. 1 shows the upper end of the upper shin guard piece (14) being connected to a knee guard (13) and a lower end of the upper shin guard piece), the upper shin guard piece having a first length (annotated fig. 1 shows the upper shin guard (14) having a first length); and a lower shin guard piece (28) removably connected to the upper shin guard piece (col. 6 ll. 1-5 teaches “The hard shell shin guard 14 is attached to the shin pad 28 by hook-and-loop straps 32 attached to the shin pad 28 and extending through slots 33 in the hard shell shin guard 14 and doubled over themselves so that the complementary hooks and loops interlock,” wherein hook and loop form a removable connection), wherein the lower shin guard piece comprises a single integral unitary moldable and hardenable panel (50) (col. 8 ll. 38-49 teaches “To form the catcher's leg guard 10 to a particular leg, the pad inserts 40, 45 and 50 arc removed from their respective pouches and wetted. They are immediately inserted into their respective pockets 41, 46 and 51, and the catcher's leg guard 10 is strapped to the leg. An additional wrapping, such as elastic bandage, may also be used to closely conform the catcher's leg guard 10 to the leg during curing. Curing generally occurs within about 10 minutes, hardening the pad inserts 40, 45 and 50 into the exact shape assumed when applied to the leg. The catcher's leg guard 10 is thus custom-formed to the particular leg and may be used solely by an individual player,” wherein as the panel is capable of being cured and formed, it is clearly moldable and hardenable. fig. 6 shows the panel (50) being a single integral unitary panel), the single integral unitary moldable and hardenable panel having an upper end portion (see annotated Fig.) overlapped by the upper shin guard piece and a lower end portion (see annotated Fig.) projecting beyond the upper shin guard and providing a moldable and hardenable pair of ankle guards (see annotated Fig.) separated by a cut out (see annotated Fig.) (annotated fig. 1 shows the panel (50) having an upper end portion overlapping the upper shin guard and a lower end portion projecting beyond the upper shin guard piece and providing a pair of moldable and hardenable pair of ankle guards, the ankle guards being hardenable and moldable for the reasons as set forth above, as they are part of the panel (50). Examiner notes that fig. 1 does not clearly show the panel (50), but does show the covering for panel (50) that clearly extends to the same bounds), wherein the upper shin guard piece projects upwardly beyond the upper end portion of the lower shin guard piece in a direction away from the cut out (col. 6 ll. 6-10 teaches “the inner side of the hard shell shin guard 14 includes longitudinally-extending strip of hook or loop material 29 which interconnects with a complementary strip of hook or loop material (not shown) on the outer face of the underlying shin pad 28,” therein the upper shin guard piece can clearly be adjustably attached to the lower guard piece such that the upper shin guard piece projects upwardly beyond the upper end portion of the lower shin guard piece in a direction away from the cutout).
Regarding Claim 2, Foreman et al. teaches all of the limitations of the shin guard of Claim 1, as discussed in the rejections above. Foreman et al. further teaches wherein the lower shin guard piece (28) is removably connectable to the lower end (see annotated Fig.) of the upper shin guard piece (14) at a plurality of selectable positions (col. 6 ll. 1-5 teaches “The hard shell shin guard 14 is attached to the shin pad 28 by hook-and-loop straps 32 attached to the shin pad 28 and extending through slots 33 in the hard shell shin guard 14 and doubled over themselves so that the complementary hooks and loops interlock,” wherein fig. 1 shows two fasteners (32) disposed at the lower end of the upper shin guard piece (14), therein there is clearly a plurality (i.e. two) of selectable positions where the lower end of the upper shin guard piece may be removably connected to the lower shin guard piece).
Regarding Claim 3, Foreman et al. teaches all of the limitations of the shin guard of Claim 2, as discussed in the rejections above. Foreman et al. further teaches wherein the upper shin guard piece (14) and the lower shin guard piece (28) are removably connected to one another by a hook and loop fastener (col. 6 ll. 1-5 teaches “The hard shell shin guard 14 is attached to the shin pad 28 by hook-and-loop straps 32”).
Regarding Claim 6, Foreman et al. teaches a leg guard (10) comprising: a knee guard (13); and a shin guard (see annotated Fig.) comprising: an upper shin guard piece (14) having an upper end (see annotated Fig.) pivotably connected to the knee guard (13) and a lower end (see annotated Fig.) (annotated fig. 1 shows the upper shin guard piece (14) having an upper end with a slot that pivotably attaches to the knee guard (13) via a fastener that extends through the slot and having a lower end); and a lower shin guard piece (28) removably connected to the upper shin guard piece (col. 6 ll. 1-5 teaches “The hard shell shin guard 14 is attached to the shin pad 28 by hook-and-loop straps 32 attached to the shin pad 28 and extending through slots 33 in the hard shell shin guard 14 and doubled over themselves so that the complementary hooks and loops interlock,” wherein hook and loop forms a removable connection), wherein the lower shin guard piece comprises a single integral unitary moldable and hardenable panel (50) (col. 8 ll. 38-49 teaches “To form the catcher's leg guard 10 to a particular leg, the pad inserts 40, 45 and 50 arc removed from their respective pouches and wetted. They are immediately inserted into their respective pockets 41, 46 and 51, and the catcher's leg guard 10 is strapped to the leg. An additional wrapping, such as elastic bandage, may also be used to closely conform the catcher's leg guard 10 to the leg during curing. Curing generally occurs within about 10 minutes, hardening the pad inserts 40, 45 and 50 into the exact shape assumed when applied to the leg. The catcher's leg guard 10 is thus custom-formed to the particular leg and may be used solely by an individual player,” wherein as the panel is capable of being cured and formed, it is clearly moldable and hardenable. fig. 6 further shows the panel (50) being a single integral unitary panel), the single integral unitary moldable and hardenable panel having an upper end portion (see annotated Fig.) overlapped by the upper shin guard and a lower end portion (see annotated Fig.) projecting beyond the upper shin guard and providing a moldable and hardenable pair of ankle guards (see annotated Fig.) separated by a cut out (see annotated Fig.) (annotated fig. 1 shows the panel (50) having an upper end portion overlapping the upper shin guard and a lower end portion projecting beyond the upper shin guard and providing a pair of moldable and hardenable pair of ankle guards, the ankle guards being hardenable and moldable for the reasons as set forth above, as they are part of the panel. Examiner notes that fig. 1 does not clearly show the panel (50), but does show the covering for panel (50) that clearly extends to the same bounds as the panel), wherein the upper shin guard piece projects upwardly beyond the upper end portion of the lower shin guard piece in a direction away from the cut out (col. 6 ll. 6-10 teaches “the inner side of the hard shell shin guard 14 includes longitudinally-extending strip of hook or loop material 29 which interconnects with a complementary strip of hook or loop material (not shown) on the outer face of the underlying shin pad 28,” therein the upper shin guard piece can clearly be adjustably attached to the lower guard piece such that the upper shin guard piece projects upwardly beyond the upper end portion of the lower shin guard piece in a direction away from the cutout).
Regarding Claim 7, Foreman et al. teaches all of the limitations of the leg guard of Claim 6, as discussed in the rejections above. Foreman et al. further teaches wherein the lower shin guard piece (28) is removably connectable to the lower end (see annotated Fig.) of the upper shin guard piece (14) at a plurality of selectable positions (col. 6 ll. 1-5 teaches “The hard shell shin guard 14 is attached to the shin pad 28 by hook-and-loop straps 32 attached to the shin pad 28 and extending through slots 33 in the hard shell shin guard 14 and doubled over themselves so that the complementary hooks and loops interlock,” wherein fig. 1 shows two fasteners (32) disposed at the lower end of the upper shin guard piece (14), therein there is clearly a plurality (i.e. two) of selectable positions where the lower end of the upper shin guard piece may be removably connected to the lower shin guard piece).
Regarding Claim 26, Foreman et al. teaches all of the limitations of the shin guard of Claim 1, as discussed in the rejections above. Foreman et al. further teaches wherein the lower shin guard (28) has an upper portion (see annotated Fig.) having a first overall width (see annotated Fig.), a lower portion (see annotated Fig.) having a second overall width (see annotated Fig.) and an intermediate portion (see annotated Fig.) between the first portion and the second portion, the intermediate portion having a pair of opposite laterally projecting lobes (see annotated Fig.) providing the intermediate portion with a third overall width greater (see annotated Fig.) than the first overall width and the second overall width (Annotated fig. 5 shows the intermediate portion having a pair of laterally projecting lobes with a third overall width that is greater than the first and second overall widths, as fig. 5 shows the panel of the lower shin guard piece which clearly has the same shape as the lower shin guard piece).
Regarding Claim 28, Foreman et al. teaches all of the limitations of the shin guard of Claim 26, as discussed in the rejections above. Foreman et al. further teaches wherein the first overall width (see annotated Fig.) is less than the second overall width (see annotated Fig.) (annotated fig. 5 shows the first overall width being less than the second overall width, as fig. 5 shows the panel of the lower shin guard piece which clearly has the same shape as the lower shin guard piece).
Regarding Claim 29, Foreman et al. teaches all of the limitations of the shin guard of Claim 28, as discussed in the rejections above. Foreman et al. further teaches wherein the upper shin guard piece (14) has a smallest overall width (see annotated Fig.) and wherein the first overall width is less than the smallest overall width (annotated fig. 4 shows the first overall width being less than the smallest overall width of the upper shin guard piece, fig. 1 shows the smallest overall width of the upper shin guard piece being larger than the cutout of the lower shin guard piece, and as fig. 5 shows the first overall width being smaller than the cutout the first overall width is clearly smaller than the smallest overall width of the upper shin guard piece).
Regarding Claim 30, Foreman et al. teaches all of the limitations of the shin guard of Claim 1, as discussed in the rejections above. Foreman et al. further teaches wherein the lower shin guard piece (28) is removably mountable to the upper shin guard piece so as to completely overlap a vertical length of the upper shin guard piece (col. 6 ll. 1-5 teaches “The hard shell shin guard 14 is attached to the shin pad 28 by hook-and-loop straps 32 attached to the shin pad 28 and extending through slots 33 in the hard shell shin guard 14 and doubled over themselves so that the complementary hooks and loops interlock”; fig. 1 shows the lower shin guard piece (28) being removably attached and completely overlapping the entire vertical length of the upper shin guard piece (14)).
Regarding Claim 32, Foreman et al. teaches all of the limitations of the leg guard of Claim 6, as discussed in the rejections above. Foreman et al. further teaches wherein the lower shin guard piece (28) is removably mountable to the upper shin guard piece (14) so as to completely overlap a vertical length of the upper shin guard piece (col. 6 ll. 1-5 teaches “The hard shell shin guard 14 is attached to the shin pad 28 by hook-and-loop straps 32 attached to the shin pad 28 and extending through slots 33 in the hard shell shin guard 14 and doubled over themselves so that the complementary hooks and loops interlock”; fig. 1 shows the lower shin guard piece (28) being removably attached and completely overlapping the entire vertical length of the upper shin guard piece (14)).
Regarding Claim 33, Foreman et al. teaches all of the limitations of the shin guard of Claim 1, as discussed in the rejections above. Foreman et al. further teaches a toe guard (15, 16) connected to and extending from the lower shin guard piece (28) (fig. 1 shows the toe guard (15, 16) connected to and extending from the lower shin guard piece (28) via strap (34)).
Regarding Claim 34, Foreman et al. teaches all of the limitations of the shin guard of Claim 33, as discussed in the rejections above. Foreman et al. further teaches wherein the toe guard (15, 16) is connected to the lower shin piece (28) at a location above an apex of the cut out (col. 6 ll. 11-13 teaches “The upper and lower foot protectors 15 and 16 are each riveted to a strap 34 which is riveted to the bottom of the shin pad 28,” wherein the as the toe guards are connected by the strap (34) as shown in fig. 1, they are clearly attached above the apex of the cutout, as also shown in fig. 1).
Regarding Claim 35, Foreman et al. teaches all of the limitations of the shin guard of Claim 1, as discussed in the rejections above. Foreman et al. further teaches wherein the moldable and hardenable pair of ankle guards (see annotated Fig.) are configured to cover medial and lateral sides of an ankle of a person wearing the leg guard (fig. 1 shows the ankle guards extending on the medial and lateral side of the shin guard and therein being configured to cover the medial and lateral side of a wearer’s ankle).
Regarding Claim 36, Foreman et al. teaches all of the limitations of the shin guard of Claim 1, as discussed in the rejections above. Foreman et al. further teaches wherein the lower guard piece (28) is configured to cover a front side of a shin of a person wearing the leg guard (fig. 1 shows the lower guard piece (28) clearly being configured to cover a front side of a wearer’s shin).
Regarding Claim 37, Foreman et al. teaches all of the limitations of the shin guard of Claim 1, as discussed in the rejections above. Foreman et al. further teaches wherein the smallest overall width is at a lower terminal end of the upper shin guard piece (annotated fig. 1 shows the smallest overall width at the lower terminal end of the upper shin guard piece).
Regarding Claim 38, Foreman et al. teaches a shin guard (see annotated Fig.) comprising: an upper shin guard piece (14) having an upper end (see annotated Fig.) for connection to a knee guard and a lower end (see annotated Fig.) (annotated fig. 1 shows the upper end of the upper shin guard piece (14) being connected to a knee guard (13) and a lower end of the upper shin guard piece), the upper shin guard piece having a first length (annotated fig. 1 shows the upper shin guard (14) having a first length); and a lower shin guard piece (28) removably connected to the upper shin guard piece (col. 6 ll. 1-5 teaches “The hard shell shin guard 14 is attached to the shin pad 28 by hook-and-loop straps 32 attached to the shin pad 28 and extending through slots 33 in the hard shell shin guard 14 and doubled over themselves so that the complementary hooks and loops interlock,” wherein hook and loop form a removable connection), wherein the lower shin guard piece comprises a single integral unitary moldable and hardenable panel (50) (col. 8 ll. 38-49 teaches “To form the catcher's leg guard 10 to a particular leg, the pad inserts 40, 45 and 50 arc removed from their respective pouches and wetted. They are immediately inserted into their respective pockets 41, 46 and 51, and the catcher's leg guard 10 is strapped to the leg. An additional wrapping, such as elastic bandage, may also be used to closely conform the catcher's leg guard 10 to the leg during curing. Curing generally occurs within about 10 minutes, hardening the pad inserts 40, 45 and 50 into the exact shape assumed when applied to the leg. The catcher's leg guard 10 is thus custom-formed to the particular leg and may be used solely by an individual player,” wherein as the panel is capable of being cured and formed, it is clearly moldable and hardenable. fig. 6 shows the panel (50) being a single integral unitary panel), the single integral unitary moldable and hardenable panel having an upper end portion (see annotated Fig.) overlapped by the upper shin guard piece and a lower end portion (see annotated Fig.) projecting beyond the upper shin guard and providing a moldable and hardenable pair of ankle guards (see annotated Fig.) separated by a cut out (see annotated Fig.) (annotated fig. 1 shows the panel (50) having an upper end portion overlapping the upper shin guard and a lower end portion projecting beyond the upper shin guard piece and providing a pair of moldable and hardenable pair of ankle guards, the ankle guards being hardenable and moldable for the reasons as set forth above, as they are part of the panel (50). Examiner notes that fig. 1 does not clearly show the panel (50), but does show the covering for panel (50) that clearly extends to the same bounds), wherein the lower shin guard (28) has an upper portion (see annotated Fig.) having a first overall width (see annotated Fig.), a lower portion (see annotated Fig.) having a second overall width (see annotated Fig.) and an intermediate portion (see annotated Fig.) between the first portion and the second portion, the intermediate portion having a pair of opposite laterally projecting lobes (see annotated Fig.) providing the intermediate portion with a third overall width greater (see annotated Fig.) than the first overall width and the second overall width (Annotated fig. 5 shows the intermediate portion having a pair of laterally projecting lobes with a third overall width that is greater than the first and second overall widths, as fig. 5 shows the panel of the lower shin guard piece which clearly has the same shape as the lower shin guard piece), wherein the first overall width (see annotated Fig.) is less than the second overall width (see annotated Fig.) (annotated fig. 5 shows the first overall width being less than the second overall width, as fig. 5 shows the panel of the lower shin guard piece which clearly has the same shape as the lower shin guard piece), wherein the upper shin guard piece (14) has a smallest overall width (see annotated Fig.) and wherein the first overall width is less than the smallest overall width (annotated fig. 4 shows the first overall width being less than the smallest overall width of the upper shin guard piece, fig. 1 shows the smallest overall width of the upper shin guard piece being larger than the cutout of the lower shin guard piece, and as fig. 5 shows the first overall width being smaller than the cutout the first overall width is clearly smaller than the smallest overall width of the upper shin guard piece).
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Claim Rejections - 35 USC § 103
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.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreman et al. (US 6178556) in view of Roby et al. (US 2018/0292177).
Regarding Claim 10, Foreman et al. teaches all of the limitations of the leg guard of Claim 6, as discussed in the rejections above. Foreman et al. further teaches a toe guard (15, 16).
Foreman et al. does not teach the toe guard being removably connected to the lower shin guard piece at any one of a plurality of selectable locations.
Attention is drawn to Roby et al., which teaches an analogous article of protective apparel. Roby et al. teaches a leg guard (300) comprising: a knee guard (305); and a shin guard (330, 340, 345) comprising: an upper shin guard piece (330, 340) having an upper end pivotably connected to the knee guard and a lower end (fig. 3A shows the upper shin guard piece having an upper end and a lower end, the upper end being pivotably connected to the knee guard by strap (315)); and a lower shin guard piece (345) removably connected to the upper shin guard piece (paragraph [0056] teaches “A relocatable lower pad 345 may be attached to the upper pad 340 by a detachable and reconnectable technique 347”), the lower shin guard piece having an upper end portion overlapped by the upper shin guard and a lower end portion projecting beyond the upper shin guard and providing a pair of ankle guards separated by a cut out (fig. 3A and annotated fig. 3B show the lower shin guard piece (345) having an upper end portion being overlapped by the upper shin guard piece (330, 340) and a lower end projecting beyond the upper shin guard and providing a pair of ankle guards separated by a cut out). Roby et al. further teaches a toe guard (350, 360), the toe guard being removably connected to the lower shin guard piece (345) at any one of a plurality of selectable locations (paragraph [0058] teaches “A foot protector connecting mechanism 365 may adjustably connect the foot protector 350 to the lower pad 345,” wherein as the connecting mechanism is adjustably connectable, the toe guard can clearly be connected at any one of a plurality of selectable locations).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foreman et al. such that the toe guard is removably connected to the lower shin guard piece at any one of a plurality of selectable locations so as to allow the toe guard to fit the wearer as they grow, or to fit a wide variety of wearers (paragraph [0058], “The foot protector connecting mechanism 365 may be permanently or releasably connected at one end to the foot pad 360 and releasably connectable to the lower pad 345 at the other end, such as by hook and loop type of connection thereby promoting and providing a one-size-fits-most leg protection.”)
Regarding Claim 11, Foreman et al. teaches all of the limitations of the leg guard of Claim 10, as discussed in the rejections above.
Foreman et al. does not teach wherein the toe guard and the lower shin guard piece are removably connectable to one another by a hook and loop fastener.
Attention is drawn to Roby et al., which teaches an analogous article of protective apparel. Roby et al. teaches a leg guard (300) comprising: a knee guard (305); and a shin guard (330, 340, 345) comprising: an upper shin guard piece (330, 340) having an upper end pivotably connected to the knee guard and a lower end (fig. 3A shows the upper shin guard piece having an upper end and a lower end, the upper end being pivotably connected to the knee guard by strap (315)); and a lower shin guard piece (345) removably connected to the upper shin guard piece (paragraph [0056] teaches “A relocatable lower pad 345 may be attached to the upper pad 340 by a detachable and reconnectable technique 347”), the lower shin guard piece having an upper end portion overlapped by the upper shin guard and a lower end portion projecting beyond the upper shin guard and providing a pair of ankle guards separated by a cut out (fig. 3A and annotated fig. 3B show the lower shin guard piece (345) having an upper end portion being overlapped by the upper shin guard piece (330, 340) and a lower end projecting beyond the upper shin guard and providing a pair of ankle guards separated by a cut out) and a toe guard (350, 360), the toe guard being removably connected to the lower shin guard piece (345) at any one of a plurality of selectable locations (paragraph [0058] teaches “A foot protector connecting mechanism 365 may adjustably connect the foot protector 350 to the lower pad 345,” wherein as the connecting mechanism is adjustably connectable, the toe guard can clearly be connected at any one of a plurality of selectable locations). Roby et al. further teaches wherein the toe guard (350, 360) and the lower shin guard piece (345) are removably connectable to one another by a hook and loop fastener (paragraph [0058], “the foot protector connecting mechanism 365 may be permanently or releasably connected at one end to the foot pad 360 and releasably connectable to the lower pad 345 at the other end, such as by hook and loop type of connection”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foreman et al. such that the toe guard and the lower shin guard piece are removably connectable to one another by a hook and loop fastener so as to allow the toe guard to fit the wearer as they grow, or to fit a wide variety of wearers (paragraph [0058], “The foot protector connecting mechanism 365 may be permanently or releasably connected at one end to the foot pad 360 and releasably connectable to the lower pad 345 at the other end, such as by hook and loop type of connection thereby promoting and providing a one-size-fits-most leg protection.”)
Regarding Claim 12, Foreman et al. teaches all of the limitations of the leg guard of Claim 10, as discussed in the rejections above. Foreman et al. further teaches wherein the toe guard (15, 16) comprises a moldable and hardenable panel (col. 5 ll. 47-50 teaches “an upper foot protector 15 and a lower foot protector 16. These elements are molded of polyethylene or another hard, impact-resistant, light-weight plastic,” wherein plastic is both moldable and hardenable in that it is capable of being molded and capable of being hardened, for example under the application and removal of a heat source; fig. 1 shows the toe guard (15, 16) comprising a panel of the material as described).
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreman et al. (US 6178556) in view of Bevier (US 2005/0246812).
Regarding Claim 13, Foreman et al. teaches all of the limitations of the leg guard of Claim 6, as discussed in the rejections above. Foreman et al. further teaches a thigh guard (11); and a band (22) underlying and connecting the thigh guard and the knee guard (13) (col. 5 ll. 52-54 teaches “The upper knee protector 11 is riveted onto a vinyl-covered pad 19 and is attached to the principal knee protector 13 by a pair of straps 22 (FIG. 4),” wherein the strap is considered as equivalent to the band).
Foreman et al. does not teach wherein the band is flexible.
Attention is drawn to Bevier, which teaches an analogous article of protective apparel. Bevier teaches a leg guard (10) comprising: a knee guard (14); and a shin guard (13) comprising: an upper shin guard piece (23) having an upper end and a lower end (fig. 1 shows the upper shin guard piece (23) having an upper and a lower end); and a lower shin guard piece (33) having an upper end portion overlapped by the upper shin guard and a lower end portion projecting beyond the upper shin guard (fig. 1 shows the lower shin guard piece (33) having an upper end portion being overlapped by the upper shin guard and a lower end extending past the upper shin guard portion). Bevier further teaches a thigh guard (16); and a flexible band (41) underlying and connecting the thigh guard (16) and the knee guard (14) (paragraph [0022], teaches “Each of straps 41a and 41b are secured to the upper area of knee portion 14 and are also secured to the lower area of second thigh portion 16,” fig. 1 shows the flexible band (41) underlying the guards; paragraph [0024] teaches “Straps 41a and 41b may be formed from a nylon webbing material that is substantially inextensible. In some embodiments, straps 41a and 41b may be formed from strips of a polymer sheet or formed from leather, for example,” wherein nylon webbing and leather is clearly a flexible material; paragraph [0025], “The configuration discussed above for the attachment system (i.e., straps 41a and 41b and connecting member 42) imparts flexibility to protective device 10 that permits the individual to flex or otherwise bend the knee”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foreman to include the teachings of Bevier such that the band is flexible so as to allow the thigh and knee pads to move with the wearer, especially as Foreman is silent as to the material or qualities of the band (paragraph [0025], “The configuration discussed above for the attachment system (i.e., straps 41a and 41b and connecting member 42) imparts flexibility to protective device 10 that permits the individual to flex or otherwise bend the knee”.
Regarding Claim 14, Foreman et al. teaches all of the limitations of the leg guard of Claim 13, as discussed in the rejections above. Foreman et al. further teaches an extended knee guard (12) overlapping at least portions of the thigh guard (11) and the knee guard (13) (col. 5 ll. 55-57, “The upper knee protector 12 overlies the junction between the upper knee protector 11 and the principal knee protector 13”).
Foreman et al. does not teach the extended knee guard being affixed to the flexible band.
Attention is drawn to Bevier, which teaches an analogous article of protective apparel. Bevier teaches a leg guard (10) comprising: a knee guard (14); and a shin guard (13) comprising: an upper shin guard piece (23) having an upper end and a lower end (fig. 1 shows the upper shin guard piece (23) having an upper and a lower end); and a lower shin guard piece (33) having an upper end portion overlapped by the upper shin guard and a lower end portion projecting beyond the upper shin guard (fig. 1 shows the lower shin guard piece (33) having an upper end portion being overlapped by the upper shin guard and a lower end extending past the upper shin guard portion), and a thigh guard (16); and a flexible band (41) underlying and connecting the thigh guard (16) and the knee guard (14) (paragraph [0022], teaches “Each of straps 41a and 41b are secured to the upper area of knee portion 14 and are also secured to the lower area of second thigh portion 16,” fig. 1 shows the flexible band (41) underlying the guards; paragraph [0024] teaches “Straps 41a and 41b may be formed from a nylon webbing material that is substantially inextensible. In some embodiments, straps 41a and 41b may be formed from strips of a polymer sheet or formed from leather, for example,” wherein nylon webbing and leather is clearly a flexible material). Bevier further teaches an extended knee guard (15) overlapping at least portions of the thigh guard (16) and the knee guard (14), the extended knee guard (15) being affixed to the flexible band (41) (fig. 2 shows the extended knee guard (15) overlapping portions of the thigh (16) and knee (14) guards and being attached to the flexible band (41)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Foreman to include the teachings of Bevier such that the extended knee guard is affixed to the flexible band so as to allow the guards to move relative to one another and the movement of the wearer (paragraph [0025], “The configuration discussed above for the attachment system (i.e., straps 41a and 41b and connecting member 42) imparts flexibility to protective device 10 that permits the individual to flex or otherwise bend the knee. This configuration also securely positions each of portions 14-16 relative to each other, while permitting portions 14-16 to move in response to movements of the individual.”)
Claim(s) 27 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Foreman et al. (US 6178556).
Regarding Claim 27, Foreman et al. teaches all of the limitations of the shin guard of Claim 26, as discussed in the rejections above. Foreman et al. further teaches wherein one of the upper shin guard piece (14) and the lower shin guard piece comprises a continuous band comprising one of a hook fastener and a loop fastener (col. 6 ll. 5-10, “the inner side of the hard shell shin guard 14 includes longitudinally-extending strip of hook or loop material 29 which interconnects with a complementary strip of hook or loop material (not shown) on the outer face of the underlying shin pad 28”), the continuous band having a length extending vertically across a majority of an entire vertical length of said one of the upper shin guard piece and the lower shin guard piece (annotated fig. 4 appears to show the continuous band of having a length that extends vertically across a majority of an entire vertical length of the upper shin guard piece. Examiner notes however that this limitation is not explicitly disclosed. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the continuous band such that it has a length that extends across a majority of the entire vertical length of the upper shin guard piece so as to firmly secure the entire upper shin guard piece to the lower shin guard piece).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6, 7, 10-14, 26-30, and 32-36 have been considered but are moot because the new ground of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
Regarding the 35 U.S.C. 112(a) rejections, Applicant submits that the rejection of Claim 27 should be withdrawn as fig. 10 clearly shows the band extending along the majority of the vertical length of the lower shin guard piece. Examiner agrees, as noted above, however the claim requires “the continuous band having a length extending vertically across a majority of an entire vertical length of said one of the upper shin guard piece” as well, which does not have support in the originally filed application. For such reasons, the 35 U.S.C. 112(a) rejection of Claim 27 is maintained.
Further regarding the 35 U.S.C. 112(a) rejections, Applicant submits that the rejection of Claim 29 should be withdrawn as fig. 10 clearly shows the smallest overall width of the upper shin guard piece being larger than the first width of the lower shin guard piece. Examiner disagrees, and notes that the smallest overall width of the upper shin guard piece is not clearly marked, and as the upper shin guard piece appears to taper at both the upper and lower terminal ends, it is not clear where the smallest overall width is located or if it is less than the first overall width.
Regarding the 35 U.S.C. 102 rejection of independent Claims 1 and 6, Applicant submits that Foreman does not teach the upper shin guard piece projecting upward beyond the upper end portion of the lower shin guard piece. Examiner disagrees, as Foreman teaches the hook and loop attachment of the upper and lower shin guard pieces, which clearly would allow the upper shin guard piece to be positioned/attached to the lower shin guard piece such that the upper shin guard piece projects upward beyond the lower shin guard piece.
Regarding the 35 U.S.C. 102 rejection of Claims 2 and 7, Applicant submits that Foreman does not teach wherein the lower shin guard piece is removably connectable to the lower end of the upper shin guard piece at a plurality of selectable positions. Examiner disagrees, as the upper and lower shin guard pieces are attached (in part) by hook and loop fasteners (ref. # 32, as cited above), at various positions along the lengths of the upper and lower shin guards. Examiner notes that each fastener forms a selectable position for removably connecting the upper and lower shin guard pieces. As such the limitations of Claims 2 and 7 are clearly met.
Regarding the 35 U.S.C. 102 rejection of Claim 29, Applicant submits that Foreman does not teach wherein the upper shin guard piece has a smallest overall width and wherein the first overall width is less than the smallest overall width, as the first overall width has been mischaracterized. Examiner disagrees, and submits that the width at the segment of the upper portion as indicated is the overall width of that portion. As such, the limitation is met.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HALEY A SMITH whose telephone number is (571)272-6597. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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/HALEY A SMITH/Primary Examiner, Art Unit 3732
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