DETAILED ACTION
This action is in response to the amendment filed 2/24/2026. Currently, claims 1, 2 and 5-14 are pending in the application. Claims 3, 4 and 15 are cancelled by Applicant.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s amendment to claim 1 is sufficient to overcome the previous objections to claim 1.
Applicant’s amendment to claim 1 is sufficient to overcome the previous rejection of claims 1, 2 and 5-14 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph.
Applicant's arguments filed 2/24/2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that the cited prior art does not teach a support band that is attached to the closed slit and covers the closed seam, the examiner respectfully disagrees. As detailed below, Phillips et al. teaches a support band (extendable strap 40) that is attached to (column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other;” Figure 7 teaches the extendable strap 40 being attached to edge 46A of seam line 96) the closed slit (seam line 96; column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”) and covers (column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other;” Figure 7 teaches the extendable strap 40 extending across, and therefore covering, edge 46A of seam line 96) the closed seam (seam line 96).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the sleeve of DeVries to provide that the sleeve has a closed slit formed in the dorsal part of the sleeve between the proximal and distal portions of the sleeve, the closed slit extends between two opposite edges of the dorsal part and has two opposite edges attached to each other, and the closed slit is a closed seam formed either without removal or with removal of a portion of the first elastic material forming the sleeve, and the closed seam is closed by attachment of the two opposite edges of the closed slit to each other from edge to edge, with an overlap area of the first elastic material when the closed slit is formed without removal of the first elastic material of the sleeve or with an edge to edge closure when the closed slit is formed with removal of the first elastic material, to give the orthosis a curve that fits the shape of the hand by constraining it against the flexing movement on the side of the palmar face of the hand, and the constraining the hand against the flexing movement on the side of the palmar face of the hand, so that pressure exerted by the orthosis on a carpal tunnel area is minimized; and a support band that is attached to the closed slit and covers the closed seam; and the support band has a small width between 0.3 and 1.5 cm along the longitudinal axis of the sleeve as taught by Phillips et al. because this element is known to position the wearer’s hand such that it is “is extended in flexion at that slight angle to the axis 38 of the wrist,” which “places and supports the hand in a physiologically desirable "neutral" position which is well suited to enable the person to safely accomplish repeated tasks with his/her hand” and to provide a mechanism that “secures the device in place against sliding,” as Phillips et al. teaches in column 3, lines 26-40 and columns 5-6, lines 55-2.
In response to applicant's argument that in order to arrive at the claimed invention one would need to 1) add Phillips' closed slit to DeVries' sleeve, AND 2) reposition or reconfigure DeVries' wrist strap 520 so that it covers and bridges the newly-added closed slit, the examiner reminds Applicant that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the support band is permanently attached to both the distal and proximal portions; that the width of the support band is relate to a specific function of resistance to flexion) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the wrist strap 520 of DeVries does not perform the claimed stiffening function, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. As detailed below, [0040] of DeVries teaches “the body 510, the wrist strap 520, and the hand strap 540 may be made from a thin, flexible, stretchable elastomer material.” Thus, wrist strap 520 made from an elastic material, which is by definition biased to return to its original configuration when stretched. Thus, deformation of the wrist would deform the wrist strap 520 such that the elastic material of the wrist strap 520 is biased to its original position, counteracting flexion movement of body 510 and the hand positioned therein, so as to resist bending of the wrist on the palmer side of the hand.
In response to Applicant’s argument that the width of the strap is not a result-effective variable, the examiner again respectfully disagrees. As detailed below, one having ordinary skill in the art before the effective filing of the present invention would find it obvious that the width of the support hand could be modified to best accommodate a particular user’s anatomy or personal preference for comfort.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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) 1, 2, 9-11, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVries (US 2012/0245503) in view of Phillips et al. (US 5,376,066 A).
In regards to claim 1, DeVries teaches in Figures 14-16 and [0038-0040] a sleeve (body 510 and support member 570; [0038] teaches “a body 510 in the form of a tubular sleeve”) having: a distal portion (portion of body 510 positioned closest to the user’s fingertips) and a proximal portion (portion of body 510 positioned closest to the user’s forearm), wherein: the proximal portion (portion of body 510 positioned closest to the user’s forearm) is shaped to match a shape of a part of a forearm extending to a wrist (as shown in Figure 16), the distal portion (portion of body 510 positioned closest to the user’s fingertips) is shaped to match a shape of a part of a hand extending from a base of the metacarpophalangeal joints of fingers to the wrist (as shown in Figure 16), the distal portion (portion of body 510 positioned closest to the user’s fingertips) has a first opening (as defined in the annotated copy of Figure 16) for a passage of a thumb of the hand (as shown in Figure 16), and a second opening (as defined in the annotated copy of Figure 16) for a passage of other fingers of the hand (as shown in Figure 16), and the proximal portion (portion of body 510 positioned closest to the user’s forearm) is shaped to conform to a shape of the wrist and a portion of the forearm (as shown in Figure 16), a dorsal part (top third of body 510, visible in Figure 16) adapted to cover a dorsal portion of the hand and the wrist (as shown in Figure 16); and a palmar part (bottom third of body 510, hidden from view in Figure 16) adapted to cover a palmar portion of the hand and the wrist (as shown in Figure 16), wherein: the sleeve (body 510 and support member 570) is shaped to constrain the wrist against a bending movement toward a palmar side of the hand ([0039] teaches “the wearer may place the disposable wrist support 500 on either the left or right wrist with the support member 570 on either the top of the bottom of the wrist by extending their thumb through the proper thumb hole;” when support member 570 is positioned on the bottom of the wrist (as shown in Figure 16), the support member 570 would provide a supportive structure that constrains the wrist against a bending movement toward the palmar side of the hand), and the sleeve (body 510 and support member 570) is made of a first elastic material ([0040] teaches “the body 510, the wrist strap 520, and the hand strap 540 may be made from a thin, flexible, stretchable elastomer material” and “the material type and thickness of the body 510, the wrist strap 520, and the hand strap 540 may be the same or different”); and a support band (wrist strap 520), wherein: the support band (wrist strap 520) is made of a second elastic material ([0040] teaches “the body 510, the wrist strap 520, and the hand strap 540 may be made from a thin, flexible, stretchable elastomer material” and “the material type and thickness of the body 510, the wrist strap 520, and the hand strap 540 may be the same or different”), attached to (Figures 16-18 teach the wrist strap 520 being attached to the remainder of ambidextrous disposable wrist support 500 and thus, attached to all portions of body 510) the distal (portion of body 510 positioned closest to the user’s fingertips) and proximal (portion of body 510 positioned closest to the user’s forearm) portions of the sleeve (body 510 and support member 570), is arranged transversally to (as shown in Figured 14 and 15, the wrist strap 520 extends laterally outward from a vertical axis that extends through the body 510/support member 570) a longitudinal axis (vertical axis) of the sleeve (body 510 and support member 570), and is adapted to cover only an upper part (the portion of the user’s wrist that is covered by wrist strap 520) of the wrist between (shown in Figure 16, the portion of the user’s wrist that is covered by wrist strap 520 extends between opposite left and right sides of the user’s wrist) opposite sides (left and right sides) of the wrist, and to be positioned along an arc (as defined in the annotated copy of Figure 16 provided below) of a dorsal face of the wrist (top surface of the wrist, shown in Figure 16) along a thinnest region (as defined in the annotated copy of Figure 16 provided below) of the wrist (as shown in Figure 16, wrist strap 520 has a dimension that extends in a direction adjacent to and along the arc and thinnest region), between a styloid protuberance of the wrist on a forearm side and a carpo-metacarpal joint of the thumb on a hand side (as shown in Figure 16, wrist strap 520 has a portion that is positioned between a styloid protuberance of the wrist on a forearm side and a carpo-metacarpal joint of the thumb on a hand side), wherein: the support band (wrist strap 520) is adapted to stiffen the hand and wrist orthosis (wrist support 500) at a top of a thinnest part of the wrist by increasing a resistance of the hand and wrist orthosis (wrist support 500) to deformation of the wrist along the support band (wrist strap 520) in that such a deformation increases a tension on the support band (wrist strap 520) around the wrist, which generates an increased resistance of the hand and wrist orthosis (wrist support 500) counteracting a flexion movement of the hand so as to exert a resistance to a wrist bending movement on the palmer side of the hand ([0040] teaches “the body 510, the wrist strap 520, and the hand strap 540 may be made from a thin, flexible, stretchable elastomer material;” thus, wrist strap 520 made from an elastic material, which is by definition biased to return to its original configuration when stretched; thus, deformation of the wrist would deform the wrist strap 520 such that the elastic material of the wrist strap 520 is biased to its original position, counteracting flexion movement of body 510 and the hand positioned therein, so as to resist bending of the wrist on the palmer side of the hand).
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DeVries does not teach that the sleeve has a closed slit formed in the dorsal part of the sleeve between the proximal and distal portions of the sleeve, the closed slit extends between two opposite edges of the dorsal part and has two opposite edges attached to each other, and the closed slit is a closed seam formed either without removal or with removal of a portion of the first elastic material forming the sleeve, and the closed seam is closed by attachment of the two opposite edges of the closed slit to each other from edge to edge, with an overlap area of the first elastic material when the closed slit is formed without removal of the first elastic material of the sleeve or with an edge to edge closure when the closed slit is formed with removal of the first elastic material, to give the orthosis a curve that fits the shape of the hand by constraining it against the flexing movement on the side of the palmar face of the hand, and the constraining the hand against the flexing movement on the side of the palmar face of the hand, so that pressure exerted by the orthosis on a carpal tunnel area is minimized; and a support band that is attached to the closed slit and covers the closed seam; and the support band has a small width between 0.3 and 1.5 cm along the longitudinal axis of the sleeve.
However, Phillips et al. teaches in the abstract, Figures 1-3 and 7 and columns 4-5, lines 66-5 an analogous device wherein the sleeve (sleeve 24) has a closed slit (seam line 96; column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”) formed in the dorsal part (dorsal side 22B) of (as shown in Figures 1 and 2; columns 4-5, lines 66-1 teaches “the biasing means basically comprises a pair of joint or seam lines 94 and 96 which serve to provide tension in the longitudinal direction, i.e., parallel to axis 38, along the dorsal side 22B of the sleeve”) the sleeve (sleeve 24) between (as shown in Figures 1-3) the proximal (proximal end portion 34) and distal (distal end portion 30) portions of the sleeve (sleeve 24), the closed slit (seam line 96; column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”) extends between (Figures 1 and 2 teach seam line 96 extending laterally between left and right edges of the dorsal side 22B) two opposite edges (left and right edges) of the dorsal part (dorsal side 22B) and has two opposite edges (edges 46A and 46B) attached to each other (column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”), and the closed slit (seam line 96; column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”) is a closed seam (seam line 96) formed either without removal or with removal of a portion of the first elastic material (as shown in Figure 7) forming (the abstract teaches “the device is a sleeve formed of an elastic material”) the sleeve (sleeve 24), and the closed seam (seam line 96) is closed by attachment of the two opposite edges (edges 46A and 46B) of the closed slit (seam line 96; column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”) to each other from edge to edge (column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”), with an overlap area of the first elastic material when the closed slit is formed without removal of the first elastic material of the sleeve or with an edge to edge closure (column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”) when the closed slit (seam line 96; column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”) is formed with removal of (as shown in Figure 7) the first elastic material (the abstract teaches “the device is a sleeve formed of an elastic material”), to give the orthosis a curve (Figures 1-3 teach the device 20 being curved upward at slight angle A) that fits the shape of the hand by constraining it against the flexing movement on the side of the palmar face of the hand (columns 4-5, lines 66-4 teaches “the biasing means basically comprises a pair of joint or seam lines 94 and 96 which serve to provide tension in the longitudinal direction, i.e., parallel to axis 38, along the dorsal side 22B of the sleeve, to thereby cause the distal end portion 30 and contiguous intermediate portion 32 of the sleeve to extend backward at the slight angle A, e.g., 25-30 degrees, to the axis 38;” this pulling of the sleeve 24 upward at slight angle A functions to pull the user’s hand up in use, constraining it against the flexing movement on the side of the palmar face of the hand), and the constraining the hand against the flexing movement on the side of the palmar face of the hand, so that pressure exerted by the orthosis on a carpal tunnel area is minimized (columns 4-5, lines 66-4 teaches “the biasing means basically comprises a pair of joint or seam lines 94 and 96 which serve to provide tension in the longitudinal direction, i.e., parallel to axis 38, along the dorsal side 22B of the sleeve, to thereby cause the distal end portion 30 and contiguous intermediate portion 32 of the sleeve to extend backward at the slight angle A, e.g., 25-30 degrees, to the axis 38;” this pulling of the sleeve 24 upward at slight angle A functions to pull the user’s hand up in use, constraining it against the flexing movement on the side of the palmar face of the hand and minimizing pressure exerted by the orthosis on a carpal tunnel area is minimized); and a support band (extendable strap 40) that is attached to (column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other;” Figure 7 teaches the extendable strap 40 being attached to edge 46A of seam line 96) the closed slit (seam line 96; column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other”) and covers (column 5, lines 4-5 teaches “the seam line 96 is formed when the edges 46A and 46B of the slot 46 are secured to each other;” Figure 7 teaches the extendable strap 40 extending across, and therefore covering, edge 46A of seam line 96) the closed seam (seam line 96).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the sleeve of DeVries to provide that the sleeve has a closed slit formed in the dorsal part of the sleeve between the proximal and distal portions of the sleeve, the closed slit extends between two opposite edges of the dorsal part and has two opposite edges attached to each other, and the closed slit is a closed seam formed either without removal or with removal of a portion of the first elastic material forming the sleeve, and the closed seam is closed by attachment of the two opposite edges of the closed slit to each other from edge to edge, with an overlap area of the first elastic material when the closed slit is formed without removal of the first elastic material of the sleeve or with an edge to edge closure when the closed slit is formed with removal of the first elastic material, to give the orthosis a curve that fits the shape of the hand by constraining it against the flexing movement on the side of the palmar face of the hand, and the constraining the hand against the flexing movement on the side of the palmar face of the hand, so that pressure exerted by the orthosis on a carpal tunnel area is minimized; and a support band that is attached to the closed slit and covers the closed seam; and the support band has a small width between 0.3 and 1.5 cm along the longitudinal axis of the sleeve as taught by Phillips et al. because this element is known to position the wearer’s hand such that it is “is extended in flexion at that slight angle to the axis 38 of the wrist,” which “places and supports the hand in a physiologically desirable "neutral" position which is well suited to enable the person to safely accomplish repeated tasks with his/her hand” and to provide a mechanism that “secures the device in place against sliding,” as Phillips et al. teaches in column 3, lines 26-40 and columns 5-6, lines 55-2.
DeVries and Phillips et al. do not teach that the support band has a small width between 0.3 and 1.5 cm along the longitudinal axis of the sleeve.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to provide that the support band has a small width between 0.3 and 1.5 cm along the longitudinal axis of the sleeve, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art before the effective filing of the present invention would find it obvious that the width of the support hand could be modified to best accommodate a particular user’s anatomy or personal preference for comfort.
In regards to claim 2, DeVries and Phillips et al. teach the apparatus of claim 1. DeVries teaches in Figures 14-16 that the sleeve (body 510 and support member 570) is made from a single piece (inasmuch as Figures 14-16 teach the body 510 being structured as a single, integral piece of material) including (as shown in Figures 14-16) the dorsal part (top third of body 510, visible in Figure 16), the palmar part (bottom third of body 510, hidden from view in Figure 16), and a band (middle third of body 510) included in the single piece connecting (as shown in Figure 16) the dorsal part (top third of body 510, visible in Figure 16) and the palmar part (bottom third of body 510, hidden from view in Figure 16).
In regards to claim 9, DeVries and Phillips et al. teach the apparatus of claim 1. DeVries teaches in [0040] that the sleeve (body 510 and support member 570; [0038] teaches “a body 510 in the form of a tubular sleeve”) is “stretchable” ([0040] teaches “the body 510, the wrist strap 520, and the hand strap 540 may be made from a thin, flexible, stretchable elastomer material”) so that a distal edge (edge of body 510 positioned closest to the user’s fingertips) of the sleeve (body 510 and support member 570; [0038] teaches “a body 510 in the form of a tubular sleeve”) is capable of being stretched transversely by at most 20% and the proximal portion (portion of body 510 positioned closest to the user’s forearm) of the sleeve (body 510 and support member 570; [0038] teaches “a body 510 in the form of a tubular sleeve”) is capable of being stretched transversely by at most 10% (depending on the size/configuration of the anatomy of the user).
DeVries and Phillips et al. do not teach that the sleeve is made in a plurality of sizes.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to provide that the sleeve is made in a plurality of sizes, since it has been held that a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F. 2d 459, 105 USPQ 237 (CCPA 1955). One having ordinary skill in the art before the effective filing of the present invention would find it obvious that the sleeve could be made in a plurality of sizes in order to accommodate users of different sizes.
In regards to claim 10, DeVries and Phillips et al. teach the apparatus of claim 1. Regarding the first elastic material forming the sleeve (body 510 and support member 570), DeVries teaches in [0040] that “the weight or thickness of the material may be selected to provide a desired combination of flexibility, support, and protection.”
DeVries does not teach that the first elastic material of the sleeve has at least one of the following features: a Young's modulus along a longitudinal axis of the sleeve between 0.5 MPa and 1 MPa, and a thickness between 1 mm and 1.4 mm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to provide that the first elastic material forming the sleeve has a thickness between 1 mm and 1.4 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art before the effective filing of the present invention would find it obvious that the thickness of the first elastic material forming the sleeve could be modified “to provide a desired combination of flexibility, support, and protection,” as DeVries teaches in [0040].
In regards to claim 11, DeVries and Phillips et al. teach the apparatus of claim 1. DeVries teaches in [0028] and [0040] that the first elastic material forming the sleeve (body 510 and support member 570) comprises, over its entire extent, two layers of elastic fabric ([0028] teaches “the body 110 and the wrist strap 120 may be comprised of a single material layer, or two or more layers;” [0040] teaches that the body 510 may be made from “material as previously described”).
Claim 11 limitation “assembled by gluing” is a product-by-process claim limitation. “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).
In regards to claim 13, DeVries and Phillips et al. teach the apparatus of claim 1. DeVries teaches in [0040] that the second elastic material is similar to the first elastic material ([0040] teaches “the body 510, the wrist strap 520, and the hand strap 540 may be made from a thin, flexible, stretchable elastomer material”) of the sleeve (body 510 and support member 570).
In regards to claim 14, DeVries and Phillips et al. teach the apparatus of claims 1 and 13. DeVries and Phillips et al. do not teach that the support band has at least one of the following features: the support band is connected to the sleeve by a zigzag seam so as to favor elastic extension of the hand and wrist orthosis in a longitudinal direction of the support band, the support band is adapted to cover between 30 and 70% of a circumference of the wrist, and the support band is made of an elastic fabric coated with a layer of a polymer gel.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to provide that the support band is adapted to cover between 30 and 70% of a circumference of the wrist, since it has been held that a change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F. 2d 459, 105 USPQ 237 (CCPA 1955). One having ordinary skill in the art before the effective filing of the present invention would find it obvious that the size of the support band could be modified to best accommodate a particular user’s size or personal preference for comfort.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVries (US 2012/0245503), in view of Phillips et al. (US 5,376,066 A) and further in view of Sokolowski (US 6,944,884).
In regards to claims 5 and 6, DeVries and Phillips et al. teach the apparatus of claim 1. DeVries and Phillips et al. do not teach that the sleeve is assembled by two attachment lines that are adapted to be positioned on lateral regions of the wrist and hand, each of the two attachment lines connecting an edge of the dorsal part of the sleeve with a longer edge of the palmar part of the sleeve; and wherein the two attachment lines comprise an attachment line adapted to extend along an outer lateral side of the hand passing distally over a dorsal side of the hand.
However, Sokolowski teaches in Figures 1-5 an analogous device wherein the sleeve (glove 100; shown in Figures 1 and 2 to be structured as a tubular sleeve) is assembled by two attachment lines (longitudinal seam 112 and wrist seams 114) that are adapted to be positioned on lateral regions of the wrist and hand (as shown in Figures 1-5, longitudinal seam 112 and wrist seams 114 are each positioned on respective lateral regions of the wrist and hand), each of the two attachment lines (longitudinal seam 112 and wrist seams 114) connecting an edge of the dorsal part of the sleeve (glove 100) with a longer edge of the palmar part of the sleeve (longitudinal seam 112 and wrist seams 114 each form a connection between adjacent edges of the dorsal part of glove 100 and the palmar part of glove 100; the edge of the palmar part of glove 100 can be considered to be longer than the height of wrist strap 130); and wherein the two attachment lines (longitudinal seam 112 and wrist seams 114) comprise an attachment line (longitudinal seam 112) adapted to extend along an outer lateral side of the hand passing distally over a dorsal side of the hand (as shown in Figure 1).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the sleeve of DeVries as modified by Phillips et al. such that the sleeve is assembled by two attachment lines that are adapted to be positioned on lateral regions of the wrist and hand, each of the two attachment lines connecting an edge of the dorsal part of the sleeve with a longer edge of the palmar part of the sleeve; and wherein the two attachment lines comprise an attachment line adapted to extend along an outer lateral side of the hand passing distally over a dorsal side of the hand as taught by Sokolowski because this element is known to assemble the sleeve in a manner that “decreases the adverse impact of seams by minimizing the presence of seams in areas of glove 100 that contact the hand and are commonly compressed between the hand and gripped objects,” as Sokolowski teaches in column 3, lines 16-27.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVries (US 2012/0245503), in view of Phillips et al. (US 5,376,066 A) and further in view of Weaver, II (US 2005/0096575).
In regards to claim 7, DeVries and Phillips et al. teach the apparatus of claim 1. DeVries and Phillips et al. do not teach that the first opening of the sleeve for the passage of a thumb has a notch formed in the dorsal part of the sleeve and is adapted to be located in a prolongation of the thumb so as to favor lateral movements of the thumb.
However, Weaver, II teaches in Figure 1, [0055] and [0060] an analogous device wherein the first opening (thumb hole 28) of the sleeve (sheet of material 12; [0055] teaches “the sheet of material may also be shaped as a continuous tubular sleeve”) for the passage of a thumb ([0060] teaches “a thumb hole 28 for accommodating a thumb of the wearer”) has a notch (base 36) formed in the dorsal part (as shown in Figure 1) of the sleeve (sheet of material 12; [0055] teaches “the sheet of material may also be shaped as a continuous tubular sleeve”) and adapted to be located in a prolongation of the thumb (as shown in Figure 1) so as to favor lateral movements of the thumb (inasmuch as Figure 1 teaches the base 36 providing a void in the sheet of material 12 that enables the user’s thumb to move laterally therein).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the first opening of DeVries as modified by Phillips et al. to provide that the first opening of the sleeve for the passage of a thumb has a notch formed in the dorsal part of the sleeve and is adapted to be located in a prolongation of the thumb so as to favor lateral movements of the thumb as taught by Weaver, II because this element is known to be a configuration “that provides a better fit at the base of the wearer's thumb,” as Weaver, II teaches in [0060].
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVries (US 2012/0245503), in view of Phillips et al. (US 5,376,066 A) and further in view of Kline (US 5,649,900 A).
In regards to claim 8, DeVries and Phillips et al. teach the apparatus of claims 1 and 2. DeVries and Phillips et al. do not teach that the dorsal part of the sleeve comprises a fold extending from the first opening and adapted to be located in a prolongation of the thumb to favor free lateral movements of the wrist and opening of the hand.
However, Kline teaches in Figures 1 and 2B and column 4, lines 38-53 an analogous device wherein the dorsal part (labeled in Figure 2B) of the sleeve (wrap-around element 4) comprises a fold (darts 16, 18; a dart is defined to be a fold; see attached definition of “dart”) extending from (as shown in Figure 1) the first opening (thumb passage 6) and adapted to be located in a prolongation of the thumb to favor free lateral movements of the wrist and opening of the hand (see column 4, lines 38-53).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the sleeve of DeVries as modified by Phillips et al. such that the dorsal part of the sleeve comprises a fold extending from the first opening and adapted to be located in a prolongation of the thumb to favor free lateral movements of the wrist and opening of the hand as taught by Kline because this element is known “to enhance anatomic fit” and “to accommodate the thumb region of the hand,” as Kline teaches in column 4, lines 38-53.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVries (US 2012/0245503), in view of Phillips et al. (US 5,376,066 A) and further in view of Grange (US 2016/0206464).
In regards to claim 12, DeVries and Phillips et al. teach the apparatus of claims 1 and 11. DeVries and Phillips et al. do not teach that each of the two layers of elastic fabric is a fabric having at least one of the following features: the elastic fabric comprises between 75 and 85% by weight of polyamide and between 15 and 25% by weight of elastane, and the elastic fabric has an elasticity of 85 to 115% in a warp direction and 65 to 95% in a weft direction, wherein the warp of the fabric is oriented axially on the dorsal part of the sleeve.
However, Grange teaches in Figures 2 and 3, [0011] and [0039] an analogous device wherein each of the two layers of elastic fabric is a fabric having at least one of the following features: the elastic fabric comprises between 75 and 85% by weight of polyamide and between 15 and 25% by weight of elastane ([0011] teaches “each of the two layers is made from a fabric comprising between 75 and 85% by weight of polyamide and between 15 and 25% by weight of elastane;” [0039] teaches “the fabric forming the two layers may be a fabric made of polyamide (approximately 80% by weight) and elastane (approximately 20% by weight)”), and the elastic fabric has an elasticity of 85 to 115% in a warp direction and 65 to 95% in a weft direction, wherein the warp of the fabric is oriented axially on the dorsal part of the sleeve.
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify each of the two fabric layers of DeVries as modified by Phillips et al. such that each of the two layers of elastic fabric is a fabric having at least one of the following features: the elastic fabric comprises between 75 and 85% by weight of polyamide and between 15 and 25% by weight of elastane, and the elastic fabric has an elasticity of 85 to 115% in a warp direction and 65 to 95% in a weft direction, wherein the warp of the fabric is oriented axially on the dorsal part of the sleeve as taught by Grange because this element is known to be “an elastic material and fitted to the shape of the hand and of the thumb to be supported, without exerting thereon any excessively intense restraining force, susceptible of causing pain,” as Grange teaches in [0033].
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 VICTORIA H FISHER whose telephone number is (571)270-7033. The examiner can normally be reached M-TH 6:00AM-4:00PM EST.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 6/22/2026
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