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
Applicant’s amendments to claims 1, 8, 11, 14, and 16, and the cancellation of claims 3-7, 9, and 18 filed on 08/12/2026 are acknowledged by the examiner.
Claims 1-2, 8, 10-17, and 19-20 are currently pending and under examination.
Response to Arguments
Applicant's arguments filed 08/12/2026 have been fully considered but they are not persuasive.
In light of the amendments to the claims, the office action has been updated below. Further, Applicant must discuss the references applied against the claims, explaining how the claims avoid the reference or distinguish from them.
Claim Rejections - 35 USC § 112
Claims 8, 10-17, and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the rear height" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the transitional concave bend" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the rear height" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claims 10-13, 15-17, and 19-20 are rejected for depending on a previously rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacobs (US 5,405,312) in view of Schleicher (US 6,216,268 B1) in view of Crisco (US 9,125,784 B2) further in view of Martino (US 2014/0031733 A1).
Regarding claim 1, Jacobs discloses an arm support (70) (see Figs. 13-14; guard 70 is worn on the arm of a user to protect the elbow area, and thus is an arm support) comprising:
a support member (70) having a forearm section (74) and an elbow section (72) (see Figs. 13-14; guard 70 has a lower shell section 74, which is a forearm section as a forearm is placed in this section, and guard 70 has an upper shell section 72 which is an elbow section as this section receives an elbow of a user);
at least one releasably attachable strap (84) (see Figs. 13-14 and Col. 8 lines 45-50; straps shown in Fig. 13 are hook and loop fasteners, and are threaded through slots 82, and thus are releasably attachable straps);
a forearm pad attached to a first surface of the forearm section (74) (see Figs. 13-14 and Col. 8 lines 50-54; an inside surface of guard 70 can be lined with a foam padding, and thus a first/inside surface of the lower shell section 74 has a forearm pad via the foam padding); and
an elbow pad attached to a first surface of the elbow section (72) (see Figs. 13-14 and Col. 8 lines 50-54; an inside surface of guard 70 can be lined with a foam padding, and thus a first/inside surface of the upper shell section 72 has an elbow pad via the foam padding),
wherein the support member (70) includes a transitional concave bend from the forearm section (74) to the elbow section (72) (see Figs. 13-14 and Col. 8 lines 42-45; the upper shell section 72 and lower shell section 74 has a narrower linking or bridging section 76 which has notches 78, 80, which form a transitional concave bend as the notches curve inwards), wherein the elbow section (72) extends upwardly away from the forearm section (74) (see Figs. 13-14; the upper shell section 72 extends upwardly away from the lower shell section 74),
wherein the support member (70) includes a concave upper surface (see Figs. 13-14; the guard 70 has a concave upper surface, as the outer surface of guard 70 is cup shaped or U-shaped to receive the arm of a user),
wherein the first surface of the forearm section (74) is a concave surface (see Figs. 13-14 and Col. 8 lines 37-42; the first surface of the lower shell section 74 is the inner surface of the lower shell section 74, and is a concave surface as it is a cup shape or U-shape to receive the forearm of a user).
Jacobs is silent on the elbow pad being separate from the forearm pad, and the elbow pad having a thickness that gradually increases upwardly from a front edge of the elbow pad to a rear edge of the elbow pad, wherein the elbow pad includes an upwardly inclined surface extending from a height adjacent a height of the forearm pad to a rear height of the elbow pad, wherein the rear height of the elbow pad is in a range from 13 mm to 38 mm.
However, Schleicher teaches an analogous arm support (10) (see Figs. 1-2; elbow protection device 10), an analogous forearm pad (18), and an analogous elbow pad (20), and the elbow pad (20) being separate from the forearm pad (18) (see Figs. 1-2 and Col. 4 lines 20-21; first elevation pad 18 is stitched to inner surface 26 and are made up of flat layers of padding, and receives the forearm of a user, and thus is a forearm pad, and second elevation pad 20 is stitched to inner surface 26 and are made up of flat layers of padding, and receives an upper portion of an elbow of a user and thus is an elbow pad, and these two pads are separated from each other as there is a space between the pads 18, 20 as best seen in Fig. 2), providing to properly align and support a user’s elbow.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the foam padding of the elbow pad and forearm pad in the device of Jacobs to be separate from each other as taught by Schleicher to have provided an improved arm support device that properly aligns and supports a user’s elbow.
Jacobs in view of Schleicher discloses the invention as discussed above.
Jacobs in view of Schleicher is silent on the elbow pad having a thickness that gradually increases upwardly from a front edge of the elbow pad to a rear edge of the elbow pad, wherein the elbow pad includes an upwardly inclined surface extending from a height adjacent a height of the forearm pad to a rear height of the elbow pad, wherein the rear height of the elbow pad is in a range from 13 mm to 38 mm.
However, Crisco teaches an analogous elbow pad (60), the elbow pad (60) having a thickness that gradually increases upwardly from a front edge of the elbow pad (60) to a rear edge of the elbow pad (60) (see Figs. 1-3 and Col. 3 lines 19-22; the elbow support 60 is an analogous elbow pad as it is made of cushioning material 14, and supports the elbow of a user, see Col. 4 lines 1-2, and as best seen in Figs. 2-3, the elbow support 60 has a thickness that gradually increases upwardly from a front edge of elbow support 60 to a rear edge of elbow support 60, see Annotated Fig. 2 of Crisco, as a U-shaped back ridge 78 is at a higher height than the front edge of the elbow support pad 60), wherein the elbow pad (60) includes an upwardly inclined surface extending from a height adjacent a height of the forearm pad to a rear height of the elbow pad (60) (the elbow support pad 60 has an upwardly inclined surface which extends from a height adjacent or near a height of the forearm support pad 20 to a rear height of the elbow support pad 60 as seen in Figs. 1-3), providing a tapered shape for the pad so that a user’s arm/joint is better protected and cradled.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elbow pad in the device of Jacobs in view of Schleicher to have a thickness that gradually increases upwardly from a front edge of the elbow pad to a rear edge of the elbow pad as taught by Crisco to have provided an improved arm support device that has a tapered shape for the pad so that a user’s arm/joint is better protected and cradled.
Jacobs in view of Schleicher further in view of Crisco discloses the invention as discussed above.
Jacobs in view of Schleicher further in view of Crisco is silent on wherein the rear height of the elbow pad is in a range of 13 mm to 38 mm.
However, Martino teaches an analogous elbow pad (50), and wherein the rear height of the elbow pad (50) is in a range of 13 mm to 38 mm (see Figs. 1-6 and [0046]; the elbow pad 50 has a thinner section 58 and a thicker section 62, and the thicker section 62 is interpreted as being a rear portion of the elbow pad 50, and thus the thickness of the thicker section 62 is the rear height which may be 1.5 inches, which is 38 mm, and is within the claimed range), providing an elbow pad with a sufficient thickness/height so that the user’s elbow is well protected.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the rear height of the elbow pad (60 of Crisco) in the device of Jacobs in view of Schleicher further in view of Crisco to be in a range from 13 mm to 38 mm as taught by Martino to have provided an improved arm support device that provides an elbow pad with a sufficient thickness/height so that the user’s elbow is well protected.
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Annotated Fig. 1 of Crisco.
Regarding claim 2, Jacobs in view of Schleicher in view of Crisco further in view of Martino discloses the invention as discussed in claim 1. Jacobs in view of Schleicher in view of Crisco further in view of Martino further discloses:
a first longitudinal slot (82 of Jacobs) disposed adjacent a first edge of the support member (70 of Jacobs) (see Annotated Fig. 14 of Jacobs; elongated slot 82 of Jacobs on the upper shell section 72 of Jacobs on the left side of the guard 70 of Jacobs, which is labeled in Annotated Fig. 14, is a first longitudinal slot, and elongated slot 82 is adjacent or near a first edge of guard 70 of Jacobs as seen in Annotated Fig. 14 of Jacobs);
a second longitudinal slot (82) disposed adjacent a second edge of the support member (70 of Jacobs) opposite from the first longitudinal slot (82 of Jacobs) (see Annotated Fig. 14 of Jacobs; elongated slot 82 of Jacobs on the upper shell section 72 on the right side of guard 70 of Jacobs, which is labeled in Annotated Fig. 14, is a second longitudinal slot, and elongated slot 82 of Jacobs on the right is opposite the first longitudinal slot, and is adjacent or near a second edge of guard 70 of Jacobs, see Annotated Fig. 14 of Jacobs);
a third longitudinal slot (82 of Jacobs) disposed adjacent the first edge of the support member (70 of Jacobs) and between a first end of the support member (70 of Jacobs) and the first longitudinal slot (82 of Jacobs) (see Annotated Fig. 14 of Jacobs; elongated slot 82 of Jacobs on the lower shell section 74 of Jacobs on the left side of guard 70 of Jacobs, which is labeled in Annotated Fig. 14, is the third longitudinal slot, and is adjacent or near the first edge of guard 70 of Jacobs, and the third longitudinal slot is between a first end, which is also labeled in Annotated Fig. 14, and the first longitudinal slot); and
a fourth longitudinal slot (82 of Jacobs) disposed adjacent the second edge of the support member (70 of Jacobs) opposite from the third longitudinal slot (82 of Jacobs) (see Annotated Fig. 14 of Jacobs; the elongated slot 82 of Jacobs on the lower shell section 74 of Jacobs on the right side of guard 70 of Jacobs, which is labeled in Annotated Fig. 14, is the fourth longitudinal slot, and is adjacent or near the second edge of guard 70 of Jacobs, and is opposite from the third longitudinal slot).
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Annotated Fig. 14 of Jacobs.
Claim(s) 8, 10-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacobs in view of Crisco further in view of Martino.
Regarding claim 8, Jacobs discloses an arm support (70) (see Figs. 13-14; guard 70 is worn on the arm of a user to protect the elbow area, and thus is an arm support) comprising:
a support member (70) having a forearm section (74) and an elbow section (72) (see Figs. 13-14; guard 70 has a lower shell section 74, which is a forearm section as a forearm is placed in this section, and guard 70 has an upper shell section 72 which is an elbow section as this section receives an elbow of a user), the support member (70) having a transition region (76) between the forearm section (74) and the elbow section (72) (see Figs. 13-14 and Col. 8 lines 42-45; the upper shell section 72 and the lower shell section 74 has a narrower linking or bridging section 76 in between them), the transition region being defined by a gradual, non-abrupt bend (see Figs. 13-14; the narrower linking or bridging section 76 is defined by a gradual, non-abrupt bend);
at least one releasably attachable strap (84) attached to the support member (70) (see Figs. 13-14 and Col. 8 lines 45-50; straps shown in Fig. 13 are hook and loop fasteners, and are threaded through slots 82, and thus are releasably attachable straps);
a forearm pad attached to a first surface of the forearm section (74) (see Figs. 13-14 and Col. 8 lines 50-54; an inside surface of guard 70 can be lined with a foam padding, and thus a first/inside surface of the lower shell section 74 has a forearm pad via the foam padding); and
an elbow pad attached to a first surface of the elbow section (72) (see Figs. 13-14 and Col. 8 lines 50-54; an inside surface of guard 70 can be lined with a foam padding, and thus a first/inside surface of the upper shell section 72 has an elbow pad via the foam padding).
Jacobs is silent on the elbow pad having a thickness that gradually increases upwardly from a front edge of the elbow pad to a rear edge of the elbow pad, wherein the rear height of the elbow pad is in a range from 13 mm to 38 mm.
However, Crisco teaches an analogous elbow pad (60), the elbow pad (60) having a thickness that gradually increases upwardly from a front edge of the elbow pad (60) to a rear edge of the elbow pad (60) (see Figs. 1-3 and Col. 3 lines 19-22; the elbow support 60 is an analogous elbow pad as it is made of cushioning material 14, and supports the elbow of a user, see Col. 4 lines 1-2, and as best seen in Figs. 2-3, the elbow support 60 has a thickness that gradually increases upwardly from a front edge of elbow support 60 to a rear edge of elbow support 60, also see Annotated Fig. 2 of Crisco above, as a U-shaped back ridge 78 is at a higher height than the front edge of the elbow support pad 60), providing a tapered shape for the pad so that a user’s arm/joint is better protected and cradled.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elbow pad in the device of Jacobs to have a thickness that gradually increases upwardly from a front edge of the elbow pad to a rear edge of the elbow pad as taught by Crisco to have provided an improved arm support device that has a tapered shape for the pad so that a user’s arm/joint is better protected and cradled.
Jacobs in view of Crisco discloses the invention as discussed above.
Jacobs in view of Crisco is silent on wherein the rear height of the elbow pad is in a range from 13 mm to 38 mm.
However, Martino teaches an analogous elbow pad (50), and wherein the rear height of the elbow pad (50) is in a range of 13 mm to 38 mm (see Figs. 1-6 and [0046]; the elbow pad 50 has a thinner section 58 and a thicker section 62, and the thicker section 62 is interpreted as being a rear portion of the elbow pad 50, and thus the thickness of the thicker section 62 is the rear height which may be 1.5 inches, which is 38 mm, and is within the claimed range), providing an elbow pad with a sufficient thickness/height so that the user’s elbow is well protected.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the rear height of the elbow pad (60 of Crisco) in the device of Jacobs in view of Crisco to be in a range from 13 mm to 38 mm as taught by Martino to have provided an improved arm support device that provides an elbow pad with a sufficient thickness/height so that the user’s elbow is well protected.
Regarding claim 10, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 8. Jacobs in view of Crisco further in view of Martino further discloses
a first longitudinal slot (82 of Jacobs) disposed adjacent a first edge of the support member (70 of Jacobs) (see Annotated Fig. 14 of Jacobs; elongated slot 82 of Jacobs on the upper shell section 72 of Jacobs on the left side of the guard 70 of Jacobs, which is labeled in Annotated Fig. 14, is a first longitudinal slot, and elongated slot 82 is adjacent or near a first edge of guard 70 of Jacobs as seen in Annotated Fig. 14 of Jacobs);
a second longitudinal slot (82) disposed adjacent a second edge of the support member (70 of Jacobs) opposite from the first longitudinal slot (82 of Jacobs) (see Annotated Fig. 14 of Jacobs; elongated slot 82 of Jacobs on the upper shell section 72 on the right side of guard 70 of Jacobs, which is labeled in Annotated Fig. 14, is a second longitudinal slot, and elongated slot 82 of Jacobs on the right is opposite the first longitudinal slot, and is adjacent or near a second edge of guard 70 of Jacobs, see Annotated Fig. 14 of Jacobs);
a third longitudinal slot (82 of Jacobs) disposed adjacent the first edge of the support member (70 of Jacobs) and between a first end of the support member (70 of Jacobs) and the first longitudinal slot (82 of Jacobs) (see Annotated Fig. 14 of Jacobs; elongated slot 82 of Jacobs on the lower shell section 74 of Jacobs on the left side of guard 70 of Jacobs, which is labeled in Annotated Fig. 14, is the third longitudinal slot, and is adjacent or near the first edge of guard 70 of Jacobs, and the third longitudinal slot is between a first end, which is also labeled in Annotated Fig. 14, and the first longitudinal slot); and
a fourth longitudinal slot (82 of Jacobs) disposed adjacent the second edge of the support member (70 of Jacobs) opposite from the third longitudinal slot (82 of Jacobs) (see Annotated Fig. 14 of Jacobs; the elongated slot 82 of Jacobs on the lower shell section 74 of Jacobs on the right side of guard 70 of Jacobs, which is labeled in Annotated Fig. 14, is the fourth longitudinal slot, and is adjacent or near the second edge of guard 70 of Jacobs, and is opposite from the third longitudinal slot).
Regarding claim 11, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 8. Jacobs in view of Crisco further in view of Martino further discloses wherein the gradual, non-abrupt bend of the transitional concave bend (78,80 of Jacobs) from the forearm section (74 of Jacobs) to the elbow section (72 of Jacobs) (see Figs. 13-14 of Jacobs and Col. 8 lines 42-45 of Jacobs; the upper shell section 72 of Jacobs and the lower shell section 74 of Jacobs has a narrower linking or bridging section 76 of Jacobs which has notches 78, 80 of Jacobs, which form a gradual non-abrupt transitional concave bend), wherein the elbow section (72 of Jacobs) extends upwardly away from the forearm section (74 of Jacobs) (see Figs. 13-14 of Jacobs; the upper shell section 72 of Jacobs extends upwardly away from the lower shell section 74 of Jacobs).
Regarding claim 12, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 8. Jacobs in view of Crisco further in view of Martino further discloses wherein the support member (70 of Jacobs) includes a concave upper surface (see Figs. 13-14 of Jacobs; the guard 70 of Jacobs has a concave upper surface, as the outer surface of guard 70 is cup shaped or U-shaped to receive the arm of a user).
Regarding claim 13, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 8. Jacobs in view of Crisco further in view of Martino further discloses wherein the first surface of the forearm section (74 of Jacobs) is a concave surface (see Figs. 13-14 of Jacobs and Col. 8 lines 37-42 of Jacobs; the first surface of the lower shell section 74 of Jacobs is the inner surface of the lower shell section 74 of Jacobs, and is a concave surface as it is a cup shape or U-shape to receive the forearm of a user).
Regarding claim 14, Jacobs discloses an arm support (70) (see Figs. 13-14; guard 70 is worn on the arm of a user to protect the elbow area, and thus is an arm support) comprising:
a support member (70) having a forearm section (74) and an elbow section (72) (see Figs. 13-14; guard 70 has a lower shell section 74, which is a forearm section as a forearm is placed in this section, and guard 70 has an upper shell section 72 which is an elbow section as this section receives an elbow of a user), the elbow section (72) having an elbow pad (see Figs. 13-14 and Col. 8 lines 50-54; an inside surface of guard 70 can be lined with a foam padding, and thus the upper shell section 72 has an elbow pad via the foam padding);
the support member (70) including a transitional bend (76) from the forearm section (74) to the elbow section (72) (see Figs. 13-14 and Col. 8 lines 42-45; the upper shell section 72 and the lower shell section 74 have a narrower linking or bridging section 76, which includes notches 78, 80, and forms a transitional bend from the lower shell section 74 to the upper shell section 72), the elbow section (72) smoothly extending upwardly away from the forearm section (74) in a non-abrupt manner (see Figs. 13-14 and Col. 8 lines 42-45; the upper shell section 72 smoothly extends upwardly away from the lower shell section 74 in a non-abrupt manner via the notches 78, 80 and narrower linking or bridging section 76);
a first longitudinal slot (82) disposed adjacent a first edge of the support member (70) (see Annotated Fig. 14 of Jacobs; elongated slot 82 on the upper shell section 72 on the left side of the guard 70, which is labeled in Annotated Fig. 14, is a first longitudinal slot, and elongated slot 82 is adjacent or near a first edge of guard 70 as seen in Annotated Fig. 14 of Jacobs);
a second longitudinal slot (82) disposed adjacent a second edge of the support member (70) opposite from the first longitudinal slot (82) (see Annotated Fig. 14 of Jacobs; elongated slot 82 on the upper shell section 72 on the right side of guard 70, which is labeled in Annotated Fig. 14, is a second longitudinal slot, and elongated slot 82 on the right is opposite the first longitudinal slot, and is adjacent or near a second edge of guard 70, see Annotated Fig. 14 of Jacobs);
a third longitudinal slot (82) disposed adjacent the first edge of the support member (70) and between a first end of the support member (70) and the first longitudinal slot (82) (see Annotated Fig. 14 of Jacobs; elongated slot 82 on the lower shell section 74 on the left side of guard 70, which is labeled in Annotated Fig. 14, is the third longitudinal slot, and is adjacent or near the first edge of guard 70, and the third longitudinal slot is between a first end, which is also labeled in Annotated Fig. 14, and the first longitudinal slot); and
a fourth longitudinal slot (82) disposed adjacent the second edge of the support member (70) opposite from the third longitudinal slot (82) (see Annotated Fig. 14 of Jacobs; the elongated slot 82 on the lower shell section 74 on the right side of guard 70, which is labeled in Annotated Fig. 14, is the fourth longitudinal slot, and is adjacent or near the second edge of guard 70, and is opposite from the third longitudinal slot).
Jacobs is silent on the elbow pad having a thickness that gradually increases upwardly from a front edge of the elbow pad to a rear edge of the elbow pad, wherein the rear height of the elbow pad is in a range from 13 mm to 38 mm.
However, Crisco teaches an analogous elbow pad (60), the elbow pad (60) having a thickness that gradually increases upwardly from a front edge of the elbow pad (60) to a rear edge of the elbow pad (60) (see Figs. 1-3 and Col. 3 lines 19-22; the elbow support 60 is an analogous elbow pad as it is made of cushioning material 14, and supports the elbow of a user, see Col. 4 lines 1-2, and as best seen in Figs. 2-3, the elbow support 60 has a thickness that gradually increases upwardly from a front edge of elbow support 60 to a rear edge of elbow support 60, see Annotated Fig. 2 of Crisco, as a U-shaped back ridge 78 is at a higher height than the front edge of the elbow support pad 60), providing a tapered shape for the pad so that a user’s arm/joint is better protected and cradled.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elbow pad in the device of Jacobs to have a thickness that gradually increases upwardly from a front edge of the elbow pad to a rear edge of the elbow pad as taught by Crisco to have provided an improved arm support device that has a tapered shape for the pad so that a user’s arm/joint is better protected and cradled.
Jacobs in view of Crisco discloses the invention as discussed above.
Jacobs in view of Crisco is silent on wherein the rear height of the elbow pad is in a range from 13 mm to 38 mm.
However, Martino teaches an analogous elbow pad (50), and wherein the rear height of the elbow pad (50) is in a range of 13 mm to 38 mm (see Figs. 1-6 and [0046]; the elbow pad 50 has a thinner section 58 and a thicker section 62, and the thicker section 62 is interpreted as being a rear portion of the elbow pad 50, and thus the thickness of the thicker section 62 is the rear height which may be 1.5 inches, which is 38 mm, and is within the claimed range), providing an elbow pad with a sufficient thickness/height so that the user’s elbow is well protected.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the rear height of the elbow pad (60 of Crisco) in the device of Jacobs in view of Crisco to be in a range from 13 mm to 38 mm as taught by Martino to have provided an improved arm support device that provides an elbow pad with a sufficient thickness/height so that the user’s elbow is well protected.
Regarding claim 15, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 14. Jacobs in view of Crisco further in view of Martino further discloses a first releasably attachable strap (84 of Jacobs) adapted for engagement with the first longitudinal slot (82 of Jacobs) and the second longitudinal slot (82 of Jacobs) (see Figs. 13-14 of Jacobs and Col. 8 lines 45-50 of Jacobs; the straps shown in Fig. 13 of Jacobs are threaded through slots 82 of Jacobs, and are hook and loop fasteners, and thus the strap attached to the upper shell section 72 of Jacobs is the first releasably attachable strap as the strap is threaded through the first and second slots 82 of Jacobs, also see Annotated Fig. 14 of Jacobs), and a second releasably attachable strap (84 of Jacobs) adapted for engagement with the third longitudinal slot (82 of Jacobs) and the fourth longitudinal slot (82 of Jacobs) (see Figs. 13-14 of Jacobs and Col. 8 lines 45-50 of Jacobs; the straps shown in Fig. 13 of Jacobs are threaded through slots 82 of Jacobs, and are hook and loop fasteners, and thus the strap attached to the lower shell section 74 of Jacobs is the second releasably attachable strap as the strap is threaded through the third and fourth slots 82 of Jacobs, also see Annotated Fig. 14 of Jacobs).
Regarding claim 16, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 14. Jacobs in view of Crisco further in view of Martino further discloses a forearm pad attached to a first surface of the forearm section (74 of Jacobs) (see Figs. 13-14 of Jacobs and Col. 8 lines 50-54 of Jacobs; an inside surface of guard 70 of Jacobs can be lined with a foam padding, and thus a first/inside surface of the lower shell section 74 of Jacobs has a forearm pad via the foam padding); and
the elbow pad attached to a first surface of the elbow section (72 of Jacobs) (see Figs. 13-14 of Jacobs and Col. 8 lines 50-54 of Jacobs; an inside surface of guard 70 of Jacobs can be lined with a foam padding, and thus a first/inside surface of the upper shell section 72 of Jacobs has an elbow pad).
Regarding claim 17, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 16. Jacobs in view of Crisco further in view of Martino further discloses wherein the elbow pad includes an upwardly inclined surface extending from a height adjacent a height of the forearm pad to a rear height of the elbow pad (as previously modified above, see claim 14, and see Fig. 2 of Crisco, the elbow pad of Jacobs has been modified via the elbow pad 60 of Crisco to have an upwardly inclined surface which extends from a height adjacent or near a height of the forearm pad of Jacobs to a rear height of the elbow pad).
Regarding claim 19, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 14. Jacobs in view of Crisco further in view of Martino further discloses wherein the support member (70 of Jacobs) includes a concave upper surface (see Figs. 13-14 of Jacobs; the guard 70 of Jacobs has a concave upper surface, as the outer surface of guard 70 is cup shaped or U-shaped to receive the arm of a user).
Regarding claim 20, Jacobs in view of Crisco further in view of Martino discloses the invention as discussed in claim 16. Jacobs in view of Crisco further in view of Martino further discloses wherein the first surface of the forearm section (74 of Jacobs) is a concave surface (see Figs. 13-14 of Jacobs and Col. 8 lines 37-42 of Jacobs; the first surface of the lower shell section 74 of Jacobs is the inner surface of the lower shell section 74 of Jacobs, and is a concave surface as it is a cup shape or U-shape to receive the forearm of a user).
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 ROBIN HAN whose telephone number is (408)918-7579. The examiner can normally be reached Monday - Thursday, 9-5 PM EST.
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/ROBIN HAN/Examiner, Art Unit 3786
/KARI K RODRIQUEZ/Primary Patent Examiner, Art Unit 3786
