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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 31, 2026 has been entered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 7 and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ellwood (2,436,507).
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (2ND END)][AltContent: textbox (1ST END)] Ellwood discloses all of the limitations of claim 1, i.e., a gaiter shield 1 for use with a tool utensil having a handle shank 4, and a working end forked tips, Fig. 1 the gaiter 1 comprising:
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[AltContent: arrow][AltContent: textbox (2ND OPENING)][AltContent: arrow][AltContent: textbox (1st OPENING)][AltContent: textbox (1ST OPENING)][AltContent: arrow]a main body 10 having opposing first and second ends annotated Fig. 1, above and first and second openings defined by opening of shield 1 to tightly receive the handle 11; and the large opening defined by the 2nd end, allowing insertion of a user’s hand, annotated Fig. 5 respectively disposed proximal to the first and second ends annotated Figs. 1 and 5, wherein the first opening receiving 11 is adapted via 11 to receive insertion of the handle shank 12 and the second end annotated above is adapted to receive insertion of a hand of a user to allow the user to interact with the handle manipulate the handle 12 via 11, Fig. 5 within the main body 10, 01:1-3;
a first gaiter coupling handle 11 of the gaiter/shield 1, wherein the shank 12 is driven into coupled to the first end and including a gaiter coupling opening entrance/open end of the elongated recess defined by 11 adapted to receive insertion of the handle shank 12; and
a tool coupling 13 adapted to couple to the tool utensil between the handle shank 12 and the working end forked tips, Fig. 5; and removably mate 0502:12-31 with the first gaiter coupling 11 to removably couple the tool utensil to the main body 10 when the handle 12 is inserted into the gaiter coupling opening defined by 11 and the first opening the shield opening receiving 11 @ recess 2.
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Regarding claim 2, PA (prior art, Ellwood) meets the limitations, i.e., the gaiter of claim 1, further comprising a second gaiter coupling lip @ LF/second end coupled to the second end at least capable of coupling the gaiter.
Regarding claim 7, PA meets the limitations, i.e., the gaiter of claim 1, wherein the main body comprises an insulating material protective covering 01:25.
Regarding claim 12, PA meets the limitations, i.e., wherein the main body has a middle size @1 that tapers to a reduced first size @2 at the first end.
Regarding claim 13, PA meets the limitations, i.e., the gaiter of claim 1 or 2, wherein the first gaiter coupling lip 6 is made of a non- conducting material shield protecting against the heat.
Regarding claim 14, PA meets the limitations, i.e., the gaiter of claim 1, wherein the first gaiter coupling cylindrical recess 2 defined by the handle 3 is made of a non- conducting material shield protecting against the heat.
Regarding claim 15, PA meets the limitations, i.e., the gaiter of claim 1, wherein the first tool coupling 3 is made of a non- conducting material shield protecting against the heat.
Regarding claim 16, PA meets the limitations, the gaiter of claim 1, wherein the first gaiter coupling extends around an exterior of the first end vertical slots 14, Fig. 5.
Regarding claim 17, PA meets the limitations, i.e., the gaiter of claim 1, wherein the first gaiter coupling 11 is rigidly coupled to the first end shield 1 @ recess 2, 01:53.
Regarding claim 18, PA meets the limitations, i.e., the gaiter of claim 1, wherein the tool coupling 13 is rigidly coupled when engaged within slots 15, 16, Fig. 6 to the tool.
Regarding claim 19, PA meets the limitations, i.e., the gaiter of claim 1, wherein the tool coupling 13 is adapted to removably couple to the tool when pin 13 is rotated to axial portion (14) of slots 15, 16.
Claims 1, 2, 7 and 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gustafsson (2012/0240301).
Gustafsson discloses all of the limitations of claim 1, i.e., a gaiter protective device for use with a tool 1 or 3 having a handle Fig. 2, and a working end Fig. 2, the gaiter comprising:
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a main body having opposing first LF and second RT ends and first 6 and second openings 10 respectively disposed proximal to the first and second ends Fig. 2, wherein the first opening 6 is adapted to receive insertion of the handle Fig. 2 and the second end @10 is adapted to receive insertion of a hand of a user to allow the user to interact with the handle manipulate the handle, Fig. 2 within the main body 10;
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[AltContent: connector][AltContent: connector][AltContent: arrow]a first gaiter coupling channel at opening 6 [0033] coupled to the first end and including a gaiter coupling opening e.g., @ 40 adapted to receive insertion of the handle annotated Fig. 4a; and
a tool coupling tightening device 7 adapted to couple to the tool between the handle and the working end Fig. 2 and removably mate [0033] with the first gaiter coupling channel at opening 6 to removably couple the tool to the main body when the handle of tools 1 or 3 is inserted into the gaiter coupling opening @40 and the first opening 6 annotated Fig. 4a.
Regarding claim 2, PA (prior art, Gustafsson) meets the limitations, i.e., the gaiter of claim 1, further comprising a second gaiter coupling channel @ RT/second end coupled to the second end.
Regarding claim 7, PA meets the limitations, i.e., the gaiter of claim 1, wherein the main body comprises an insulating material protective covering 01:25.
Regarding claim 12, PA meets the limitations, i.e., wherein the main body has a middle size main body that tapers to a reduced first size @first opening at the first end Fig. 1.
Regarding claim 13, PA meets the limitations, i.e., the gaiter of claim 2, wherein the first gaiter coupling channel at 6 is made of a non- conducting material shield protecting against the heat.
Regarding claim 14, PA meets the limitations, i.e., the gaiter of claim 1, wherein the first gaiter coupling channel at 6 is made of a non- conducting material shield protecting against the heat.
Regarding claim 15, PA meets the limitations, i.e., the gaiter of claim 1, wherein the first tool coupling 7 is made of a non-conducting material string electrically non-conducting.
Regarding claim 16, PA meets the limitations, the gaiter of claim 1, wherein the first gaiter coupling channel at 6 extends around an exterior of the first end, Fig. 2.
Regarding claim 17, PA meets the limitations, i.e., the gaiter of claim 1, wherein the first gaiter coupling channel is rigidly coupled to the first end integrally formed.
Regarding claim 18, PA meets the limitations, i.e., the gaiter of claim 1, wherein the tool coupling 7 is rigidly coupled to the tool when string 7 is tightened.
Regarding claim 19, PA meets the limitations, i.e., the gaiter of claim 1, wherein the tool coupling 7 is adapted to removably couple to the tool when string 7 is loosened.
Regarding claim 20, PA meets the limitations, i.e., the gaiter of claim 19, wherein the tool coupling 7 includes a tool coupling opening defined by elastic string [0033] formed by a flexible insulating material that is adapted to receive insertion of the handle therethrough and frictionally couple to the tool Figs. 1 and 2.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ellwood in view of Stedman (1,010,199).
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Ellwood meets all of the limitations of claim 2, as described above, however in the alternative and in order to expedite the prosecution, except for providing a second coupling coupled to a second gaiter coupling.
Stedman teaches a glove having a cuff coupling 2 at the proximal end adapted to couple with a second coupling provided on the cuff 3. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to modify the second end of the body of Ellwood with a second coupling to couple with a coupling on a cuff as taught by Stedman forming a gauntlet to extend the protection over the forearm.
Regarding claim 3, PA (prior art, Ellwood modified by Stedman) meets the limitations, i.e., the gaiter of claim 2, further comprising cuff coupling 4 adapted to removably mate with the second gaiter coupling 2, Figs. 1 and 2 Stedman.
Regarding claim 4, PA meets the limitations, i.e., the gaiter of claim 3, further comprising an arm cuff portion 3, wherein the cuff coupling is integrated into an arm cuff portion Fig. 2 Stedman.
Regarding claim 5, PA meets the limitations, i.e., the gaiter of claim 3, wherein the cuff coupling 3 is integrated into a piece of personal protective equipment (PPE) or clothing protective glove and gauntlet modified gaiter.
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over PA in view of Fournier (2005/0223470).
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PA (prior art, either Ellwood or Gustafsson) meets all of the limitations of claim 8, as described above, except for the main body to include first, second, and third material layers.
Fournier teaches a protective sleeve to be worn on the user’s forearms to be utilized with an electrically insulated glove protecting user’s hand and wrist. The protective sleeve is comprised of an inner comfort layer made of denim or other comfortable material laminated to an outer electrically insulated layer. It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to augment the invention of PA with the two-part covering as taught by Fournier to provide comfort and protect the user from electric shock when the glove and gauntlet is utilized on applications with danger of electric shock.
Regarding claim 9, PA (prior art, either Ellwood or Gustafsson modified by Fournier) meets the limitations, i.e., the gaiter of claim 8, wherein the first material layer protective cover Ellwood or comfort layer, Fournier forms an internal side of the main body, the third material layer outer covering as modified by Fournier forms an external side of the main body.
Regarding claim 10, PA meets the limitations, i.e., the gaiter of claim 8, wherein the second material layer is non-conductive. Note that providing the comfort layer on the inner side, to provide comfort for the user and apply the electric insulation on the external side with the heat non-conductive covering Ellwood in the middle, to protect against electric shock first external layer, Fournier, heat second layer Ellwood and comfort inner comfort layer, Fournier, would have been obvious to one of ordinary skill in the art, requiring routine experimentations with predictable results and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikes, 86 USPQ 70.
Regarding claim 11, PA meets the limitations, i.e., the gaiter of claim 8, wherein the third material layer external layer is non-conductive electrically and abrasion resistant rubber with some degree of abrasion resistance.
Response to Arguments
Applicant's arguments filed July 31, 2026 have been fully considered but they are not persuasive.
Applicant argues that “Examienr incorrectly asserts that the shank 4 of Ellwood corresponds to a handle of a tool, cylindrical recess 2 of Ellwood corresponds to the claimed first opening and also to the claimed first gaiter coupling, and the handle 3 of Ellwood corresponds to the claimed tool coupling. However, the cylindrical recess 2 of Ellwood is not a first opening that is adapted to receive insertion of a handle of a tool through the first opening, as claimed. Rather, the cylindrical recess 2 of Ellwood merely receives the handle 3 of Ellwood when the handle 3 of Elwood is inserted into the hand shield 1 from an opposite side of the hand shield 1 of Ellwood. Applicant further argues that the shank 4 of a cooking utensil of Ellwood is not a handle of a tool that a user interacts with. Rather, a user would interact with the handle 3 of Ellwood, not the shank 4 of Ellwood. Further yet, the handle 3 of Ellwood does not include a tool coupling opening adapted to receive insertion of the handle therethrough, or frictionally couple to a tool and removably mate with a first gaiter coupling to removably couple the tool to the main body when the handle is inserted through the first opening, as claimed”.
Examienr, respectfully disagrees. As noted above the elements recited in the claims are met by the art applied.
[AltContent: arrow][AltContent: textbox (GAITER OPENING DEFINED BY THE HANDLE 11)]Claim 1 requires a main body comprising first and second ends each defining a first opening and a second opening for receiving an insertion of a tool handle and for insertion of a user’s hand, respectively. Elwood meets these requirements, i.e., shield 10 defines a first opening receiving the shield’s handle 11 @ recess 2. The handle 11, which is tightly received in the cylindrical recess 2 of the shield, itself defines the gaiter coupling and includes a gaiter coupling opening in which the shank/handle 12 is received.
The gaiter coupling opening and the first opening coincide. Similar to the instant application, in which the first opening 124 and the gaiter coupling opening 108 coincide and is defined at the same location, e.g., as shown in Fig. 2 of the instant application. Claim 1 further requires a tool coupling, which is met by pin 13 of Elwood. While claims terminologies are interpreted in light of the specification, limitations from specification are not read into the claims. Accordingly, opening defined by the shield 10 defines the first opening and the opening of the shield’s handle 11 defines the gaiter coupling opening.
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Similarly, Gustafsson meets all of the limitations, i.e., a main body having opposing first LF and second RT ends and first 6 and second openings 10 respectively disposed proximal to the first and second ends Fig. 2, wherein the first opening 6 is adapted to receive insertion of the handle Fig. 2 and the second end @10 is adapted to receive insertion of a hand of a user to allow the user to interact with the handle manipulate the handle, Fig. 2 within the main body 10; a first gaiter coupling channel at opening 6 [0033] coupled to the first end and including a gaiter coupling opening e.g., @ 40 adapted to receive insertion of the handle annotated Fig. 4a; and a tool coupling tightening device 7 adapted to couple to the tool between the handle and the working end Fig. 2 and removably mate [0033] with the first gaiter coupling channel at opening 6 to removably couple the tool to the main body when the handle of tools 1 or 3 is inserted into the gaiter coupling opening @40 and the first opening 6 annotated Fig. 4a.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HADI SHAKERI whose telephone number is (571)272-4495. The fax phone number for forwarding unofficial documents for discussion purposes only is (571) 273-4495. The examiner can normally be reached on M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached on 571 272 8548. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hadi Shakeri/
September 19, 2026 Primary Examiner, Art Unit 3723
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