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
Applicant’s election without traverse of Group I and Species A (Figs. 3-6) in the reply filed on 08/13/2023 is acknowledged. Claims 12-24 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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 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.
Claims 25-27 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baker (US 2,251,027).
Baker discloses a glove as in claim 25, comprising a plurality of fingers and a thumb (see Fig. 1), a finger joint (the joint of one of the glove fingers as shown in Figs. 1-2), a first lower portion (1), a second lower portion (2);
a first sealable opening (see left side opening edge in Fig. 2) comprising a first sealable opening seam on the first lower portion and a first sealable opening seam on the second lower portion (the mating edges form sealable opening seams along 1 and 2; see Fig. 2), wherein the first sealable opening seam on the first lower portion and first sealable opening seam on the second lower portion are optionally openable and closable using a fastening device (snaps 3), and the first sealable opening is located along a side seam of the glove proximate the thumb (see left side opening edge in Fig. 2 and see annotated figure below);
and a second sealable opening (see right side opening edge in Fig. 2) comprising a second sealable opening seam on the first lower portion and a second sealable opening seam on the second lower portion (the mating edges form sealable opening seams along 1 and 2; see Fig. 2), wherein the second sealable opening seam on the first lower portion and second sealable opening seam on the second lower portion are optionally openable and closable using a fastening device (snaps 3), and the second sealable opening is located on an opposing side seam of the glove opposite from the first sealable opening such that a first lower portion and a second lower portion of the glove are of an approximately equal width (lower portions of first and second lower portions 1,2 are of an approximately equal width; see Figs. 1-2);
wherein, the first lower portion is separable from the second lower portion such that when the first lower portion and second lower portion are separated, the plurality of fingers at the finger joint are at least partially visible through an opening formed between the first lower portion and the second lower portion (see Fig. 2).
See Baker Figs. 1-2; page 1, col. 1, lines 27-34; and see double arrows in annotated Fig. 2 (below) indicating the first and second sealable openings.
PNG
media_image1.png
533
693
media_image1.png
Greyscale
Regarding claim 26, Baker discloses the first sealable opening and second sealable opening extend from an opening at a bottom of the glove (at the wrist) to a finger joint (see Figs. 1-2 of Baker and see annotated figures of Baker provided above).
Regarding claim 27, Baker discloses the first sealable opening and second sealable opening extend from an opening at a bottom of the glove (at the wrist) to a distance short of a finger joint (the sealable openings of Baker extend to a distance short of a medial or distal joint of the finger; see Figs. 1-2).
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Favia (US 2013/0160186) in view of KR 200385105.
Regarding claim 1, Favia discloses a glove comprising: a plurality of fingers (30) and a thumb (23) each having a corresponding finger opening (see 32 in Figs. 4-5); a finger joint (at the base of one of the fingers 30, where the finger meets glove body 21; see Fig. 1); a first lower portion (portion of dorsal side 22 between zippers 24 and 26, as shown in Fig. 1; the first lower portion equates to flap 34 shown in Fig. 4); and a second lower portion (the portion of the glove body which is to the lateral sides of zippers 24,26 as shown in Fig. 1 and extends around the front side 42);
wherein, the first lower portion (34) is separable from the second lower portion (see Fig. 4) such that when the first lower portion and second lower portion are separated, the plurality of fingers at the finger joint are at least partially visible through an opening formed between the first lower portion and the second lower portion (the first lower portion and second lower portion are separable along slits 27 and 29, such that the base of the fingers, at finger openings 32, are visible through the opening which is formed between the first and second lower portions, as shown in Fig. 4; see paras. 0005, 0014, and 0017).
Favia does not disclose that an interior surface of at least one of the plurality of fingers is a different color than an interior surface of at least another of the plurality of fingers, however this is obvious in view of KR 200385105.
KR 200385105 discloses a glove for chromotherapy (color therapy), the glove having fingers which are different colors in order to treat diseases (see English translation para. [17], page 4). KR 200385105 discloses the glove has a plurality of fingers (12, 13, 14, 15; Fig. 2), an interior surface of at least one of the plurality of fingers is a different color than an interior surface of at least another of the plurality of fingers, as in claim 1 (see English translation Description [17], pg. 5; and Fig. 2). The document teaches that the index finger (12) is red, the middle finger (13) is flesh-colored, the ring finger (14) is white, and the pinkie finger (15) is black (see [17] pg. 4; Fig. 2). The interior surface of the glove is formed of the colors, as in the present claims, since KR 200385105 teaches that the color “touches the fingers…connected to the color when the body’s energy is blocked or when a disease occurs, so that the color and the body come into contact” ([17] page 4). KR 200385105 teaches that the glove provides color therapy by activating the energy of weakened body parts to maintain health (pgs. 4-5 and 11), using colors corresponding to organs to enable natural treatment and cell activation (pgs. 7 and 11). Accordingly, it would have been obvious
to one of ordinary skill in the art before the effective filing date of the claimed invention to form the fingers of the glove of Favia, including the interior surface of the fingers, of different colors, in order to provide different colors which touch the fingers of the wearer so as to maintain health by providing color therapy as taught by KR 200385105.
Regarding claim 2, Favia discloses the glove further comprises a first sealable opening (slit 27; Fig. 1; para. 0014).
Regarding claim 3, Favia discloses the first sealable opening (27) further comprises: a first sealable opening seam on the first lower portion (the seam where one half of zipper 24 is sewn to first portion 22; see Fig. 1, wherein the left half of zipper 24 is at a seam on the first lower portion; see para. 0014), and a first sealable opening seam on the second lower portion (the seam where the other half of zipper 24 is sewn to second portion 42; see Fig. 1, wherein the right half of zipper 24 is at a seam on the second lower portion; see para. 0014); wherein the first sealable opening seam on the first lower portion and first sealable opening seam on the second lower portion are optionally openable and closable using a fastening device (zipper 24; Fig. 1 and para. 0014).
Regarding claim 4, Favia discloses the glove further comprises a second sealable opening (slit 29; Fig. 1; para. 0014).
Regarding claim 5, Favia discloses the second sealable opening further comprises: a second sealable opening seam on the first lower portion (the seam where one half of zipper 26 is sewn to first portion 22; see Fig. 1, wherein the right half of zipper 26 is at a seam on the first lower portion; see para. 0014), and a second sealable opening seam on the second lower portion (the seam where the other half of zipper 26 is sewn to second portion 42; see Fig. 1, wherein the left half of zipper 26 is at a seam on the second lower portion; see para. 0014), wherein the second sealable opening seam on the first lower portion and second sealable opening seam on the second lower portion are optionally openable and closable using a fastening device (zipper 24; Fig. 1 and para. 0014).
Regarding claim 6, the first sealable opening (slit 27) is located along a side of the glove proximate the thumb (23) (see Fig. 1 and para. 0014).
Regarding claim 7, the first sealable opening (27) extends from an opening at a bottom of the glove (wrist opening 28) to a finger joint (the opening 27 extends from the opening 28 to the finger joint of the index finger 30, the “finger joint” of the index finger being considered to be the region at the base of the index finger, at the upper end of zipper 24; see Fig. 1). The first opening 27 is also seen to extend from opening 28 at the bottom of the glove “to a finger joint” formed by the base of the pinkie finger 30 (the upper end of zipper 24 is level with the base of the pinkie finger 30; see Fig. 1). See Figs. 1 and 4. Regarding claim 8, the first sealable opening (27) extends from an opening at the bottom of the glove (wrist opening 28) to a distance short of a finger joint (the opening 27 extends to a distance short of the “finger joint” of the middle finger, i.e. the upper end of zipper 24 is below the level of the base of the middle finger 30; see Fig. 1).
Alternatively with respect to claim 7, the slit 29 of Favia may be considered to form the “first sealable opening” of claims 1-3 and 7. In this case, the first sealable opening (29) extends from an opening at the bottom of the glove (wrist opening 28) to a finger joint (of the pinkie finger 30; Fig. 1); i.e. the opening 29 extends from the opening 28 to the finger joint of the pinkie finger 30, the “finger joint” of the pinkie finger being considered to be the region at the base of the pinkie finger 30, at the upper end of zipper 26; see Figs. 1 and 4). As to claim 8, the first sealable opening (29) extends from an opening at the bottom of the glove (wrist opening 28) to a distance short of a finger joint (the opening 29 extends to a distance short of the “finger joint” of the middle finger; see Fig. 1).
Regarding claim 9, the first sealable opening and second sealable opening (openings 27 and 29) extend from an opening at the bottom of the glove (opening 28) to a distance short of a finger joint (the openings 27,29 extend to a distance short of the “finger joint” of the middle finger, i.e. the upper end of zipper 24 and zipper 26 is below the level of the base of the middle finger 30; see Fig. 1).
Claims 11 and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Baker (US 2,251,027) in view of KR 200385105.
Baker discloses a glove as in claim 25, but Baker does not disclose at least one of the finger openings is a different color than at least another of the finger openings as in claims 11 and 30. Baker also does not disclose that an interior surface of at least one of the fingers is a different color than an interior surface of at least another of the fingers as in claims 28-29. This is obvious, however, in view of KR 200385105.
KR 200385105 discloses a glove for chromotherapy (color therapy), the glove having fingers which are different colors in order to treat diseases (see English translation para. [17], page 4). KR 200385105 discloses the glove has a plurality of fingers (12, 13, 14, 15; Fig. 2), an interior surface of at least one of the plurality of fingers is a different color than an interior surface of at least another of the plurality of fingers, as in claims 28-29 (see English translation Description [17], pg. 5; and Fig. 2).
The finger “openings” are also different colors, as in claims 11 and 30, since the base of the different colored finger stalls (12,13,14,15) forms the finger opening into the finger stall (see Figs. 2-3). The document teaches that the index finger (12) is red, the middle finger (13) is flesh-colored, the ring finger (14) is white, and the pinkie finger (15) is black (see [17] pg. 4; Fig. 2). The interior surface of the glove is formed of the colors, as in the present claims, since KR 200385105 teaches that the color “touches the fingers…connected to the color when the body’s energy is blocked or when a disease occurs, so that the color and the body come into contact” ([17] page 4). KR 200385105 teaches that the glove provides color therapy by activating the energy of weakened body parts to maintain health (pgs. 4-5 and 11), using colors corresponding to organs to enable natural treatment and cell activation (pgs. 7 and 11). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the fingers of the glove of Baker of different colors as shown by KR 200385105, in order to provide different colors which touch the fingers of the wearer so as to maintain health by providing color therapy as taught by KR 200385105.
Response to Arguments
Applicant's arguments filed 07/10/2025 have been fully considered but they are not persuasive with respect to Baker. Applicant argues Baker does not disclose that when the first lower portion is separated from the second lower portion, the plurality of fingers at the finger joint are at least partially visible through an opening formed between the first lower portion and the second lower portion. This is not persuasive because the glove of Baker is openable at the snap fasteners 3, along each side of the glove, and when opened, the fingers at the finger joint would be “at least partially visible” as shown in Fig. 2. Applicant also argues that the reinforcing strip 4 would stiffen the glove and therefore make it more difficult to separate the parts of the glove to view the finger openings. This is not persuasive, because the stiffening strip would not prevent a person from spreading apart the open parts of the glove and looking into the end of the glove, such that the fingers at the finger joints (finger openings) would be at least partially visible.
Applicant’s arguments with respect to Partak have been fully considered but are moot in view of the new grounds of rejection, as necessitated by applicant’s amendment.
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 AMY VANATTA whose telephone number is (571)272-4995. The examiner can normally be reached Mon-Thurs and alternate Fridays.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMY VANATTA/Primary Examiner, Art Unit 3732