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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/08/2025 has been entered. Claims 1-8, 12, 23, 24, 27, 37-39, 41, 46-48, 51, 53, 58, 63, 64, and 80-82 remain pending in the application, with Claim 28 being newly canceled, and Claims 1 and 80-82 being newly amended.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claims 1, 80, and 81 recite the limitation “the collar being affixed to the front member and to the back member and directly connected to the shoulder protector” which lacks antecedent basis in the written specification. The instant specification does disclose “The arch and shoulder protectors 60 (hereinafter referred-to as "protectors" for20 conciseness) may be disposed over upper portions 49 of the front and back members 20, 30 and may be affixed to at least one of the front and back members 20, 30 and the collar 50 by any suitable way (e.g., by being stitched, glued, fused or otherwise fastened). In particular, in this example, the protectors 60 may be stitched to the collar 50. “ (pg. 12 ll. 19-24). However, the claimed limitation is much broader than the recited ways of affixing the collar and the shoulder protector together. Further, the instant specification does not disclose a “direct connection” between any structures of the protective gear. For at least these reasons, Claims 1, 80, and 81 are considered as lacking antecedent basis in the written specification.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8, 12, 23, 24, 27, 37-39, 41, 46-48, 51, 53, 58, 63, 64, and 80-81 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 80, and 81 recite the limitation “the collar being affixed to the front member and to the back member and directly connected to the shoulder protector” which fails to comply with the written description requirement by including new matter. The instant specification does disclose “The arch and shoulder protectors 60 (hereinafter referred-to as "protectors" for20 conciseness) may be disposed over upper portions 49 of the front and back members 20, 30 and may be affixed to at least one of the front and back members 20, 30 and the collar 50 by any suitable way (e.g., by being stitched, glued, fused or otherwise fastened). In particular, in this example, the protectors 60 may be stitched to the collar 50. “ (pg. 12 ll. 19-24). However, the claimed limitation is much broader than the recited ways of affixing the collar and the shoulder protector together. Further, the instant specification does not disclose a “direct connection” between any structures of the protective gear. Additionally, the drawings do not clearly show any specific means or forms of connection between the collar and the shoulder protectors. For at least these reasons, Claims 1, 80, and 81 are rejected as failing to comply with the written description requirement.
Claims 2-8, 12, 23, 24, 27, 37-39, 41, 46-48, 51, 53, 58, 63, and 64 depend from Claim 1 and are likewise rejected due to dependency.
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) 1-4, 7-8, 23-24, 27, and 80 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pilon (US 2018/0343937) in view of Contant et al. (US 2013/0305439).
Regarding Claim 1, Pilon teaches an article of protective gear (300) for protecting an upper body of a wearer against impacts (paragraph [0091], “a protective garment 300,” and fig. 18 shows the garment being sized and shaped such that it would be placed on the upper body of a wearer), the article of protective gear comprising:- a front member (104A) configured to protect a front side of a thorax of the wearer (fig. 3 shows the front member (104A) positioned to protect a front side of a wearer’s thorax); - a back member (104B) configured to protect a back side of the thorax of the wearer (fig. 4 shows the front member (104A) positioned to protect a front side of a wearer’s thorax); - shoulder protectors (132) configured to protect shoulders of the wearer (figs. 6 and 7 show the shoulder protectors (132) positioned to protect a wearer’s shoulders); a collar (102) configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member (fig. 18 shows the collar (102) extending entirely around the rear of the neck opening, therein being configured to overlie and protect a wearer’s sternal angle region and being affixed to both the front (104A) and back (104B) members; paragraph [0091] teaches “the neck-protective structure 102 of a protective garment 300 may also extend from the base structure 104 upwardly and slightly outwardly along the rear side of the neck area to also provide protection to the rear side of the neck area”); - sleeves (134) connected to the shoulder protectors, configured to receive arms of the wearer (paragraph [0065], “lower shoulder cap 134 flexibly coupled to the upper shoulder cap 132”; figs. 6 and 7 show the sleeves (134) positioned to receive a wearer’s arms), and comprising a plurality of arm protectors (136) configured to protect the arms of the wearer (figs. 6 and 7 show the arm protectors (136) positioned to protect a wearer’s arms); and - openings (see annotated Fig.) configured to leave at least part of a left side of the thorax of the wearer and at least part of a right side of the thorax of the wearer uncovered by the article of protective gear (annotated fig. 7 shows the wearer’s thorax being exposed on the left and right sides by the openings).
Examiner notes that figs. 3, 4, 6, and 7 refer to a different embodiment (100) than the embodiment (300) shown in fig. 18. However, figs. 3, 4, 6, and 7 show different views of the article of protective gear (100) of figs. 1 and 2, and paragraph [0091] teaches that “the base structure 104 and the arm-protective structures 106A and 106B in this embodiment [shown in fig. 18] are the same as those shown in FIGS. 1 and 2,” therein the reference to the other figures is proper.
Pilon does not teach wherein the collar is directly connected to the shoulder protectors.
Attention is drawn to Contant et al., which teaches an analogous article of protective gear. Contant et al. teaches an article of protective gear (10) for protecting an upper body of a wearer against impacts, the article of protective gear comprising:- a front member (30) configured to protect a front side of a thorax of the wearer (paragraph [0027], “The front portion 30 is configured to cover at least part of the front side FS of the thorax 12 of the player.);- a back member (32) configured to protect a back side of the thorax of the wearer (paragraph [0031] “The back portion 32 is configured to cover at least part of the back side BS of the thorax 12 of the player.”) ;- shoulder protectors (40) configured to protect shoulders of the wearer (paragraph [0037], “the shoulder caps 40.sub.1, 40.sub.2, are configured to respectively cover at least part of the left and right shoulders 20.sub.1, 20.sub.2 of the player”);- a collar (34) (paragraph [0025] teaches “The front portion 30, the back portion 32, and the left and right shoulder arch portions 34.sub.1, 34.sub.2 define a neck opening 39,” therein the structure (34) clearly forms a collar as also shown in figs. 1 and 2), the collar being affixed to the front member and to the back member (paragraph [0034] teaches “The left and right shoulder arch portions 34.sub.1, 34.sub.2 are configured to respectively arch over the left and right shoulders 20.sub.1, 20.sub.2 of the player and interconnect the front portion 30 and the back portion 32”) and directly connected to the shoulder protectors (paragraph [0038] teaches “The shoulder cap 40.sub.x may be directly connected (e.g., sewed) to the shoulder arch portion 34.sub.x”);- sleeves (21) connected to the shoulder protectors, configured to receive arms of the wearer (paragraph [0038] “the shoulder cap 40.sub.x is connected to the arm protector 21.sub.x”; paragraph [0039] teaches “The left and right arm protectors 21.sub.1, 21.sub.2 are configured to cover at least part of the left and right arms 24.sub.1, 24.sub.2 of the player.”), and comprising a plurality of arm protectors configured to protect the arms of the wearer (paragraph [0040] teaches “In this embodiment, the arm protector 21.sub.x comprises protective padding 57,” wherein the protective padding is considered to be an arm protector); and- openings (see annotated Fig.) configured to leave at least part of a left side of the thorax of the wearer and at least part of a right side of the thorax of the wearer uncovered by the article of protective gear (annotated fig. 1 shows the openings that are configured to leave a part of the left and right side of the thorax of the wearer uncovered).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pilon to include the teachings of Contant such that the collar is directly connected to the shoulder protectors so as to more securely attach the shoulder protector to the collar by avoiding the potential of severing a connecting intermediary such as a strap, especially as Pilon appears to show this, but does not explicitly disclose this limitation.
Regarding Claim 2, Pilon teaches the article of protective gear of Claim 1, as discussed in the rejections above. Pilon further teaches wherein the front member (104A), the back member (104B), the shoulder protectors (132) and the sleeves (134) are donnable and doffable all at once (fig. 7 shows the front (104A) and rear (104B) members, the shoulder protectors (132) and the sleeves (134) being a single garment, and therefore clearly donnable and doffable at once).
Regarding Claim 3, Pilon teaches the article of protective gear of Claim 1, as discussed in the rejections above. Pilon further teaches wherein the sleeves (134) are separate and spaced from the front member (104A) and the back member (104B) (figs. 6 and 7 show the sleeves (134) being separate and spaced from the front (104A) and back (104B) members).
Regarding Claim 4, Pilon teaches the article of protective gear of Claim 1, as discussed in the rejections above. Pilon further teaches wherein the openings (see annotated Fig.) are configured to leave armpit regions of the wearer uncovered by the article of protective gear (Annotated fig. 7 shows the openings leaving the armpit regions of the wearer uncovered).
Regarding Claim 7, Pilon teaches the article of protective gear of Claim 1, as discussed in the rejections above. Pilon further teaches wherein the front member (104A) comprises a front panel (112) configured to cover at least part of the front side of the thorax of the wearer (fig. 3 shows the front panel (112) configured to cover at least part of the wearer’s thorax front side), and a front shield (114) disposed over the front panel to cover a sternum region of the thorax of the wearer (fig. 3 shows the front shield (114) disposed over the front panel (112) to cover a wearer’s sternum region).
Regarding Claim 8, Pilon teaches the article of protective gear of Claim 7, as discussed in the rejections above. Pilon further teaches wherein the front panel (112) comprises a fabric liner and a foam body covering at least part of the fabric liner (paragraph [0059], “The front plate 112 is made of a rigid foam sheet or plate enclosed in a fabric cover,” wherein the foam body would clearly cover at least part of the inner side of the fabric cover or liner, as the foam is enclosed in the fabric liner).
Regarding Claim 12, Pilon teaches the article of protective gear of Claim 7, as discussed in the rejections above. Pilon does not teach wherein the front shield (114) is molded into shape.
Examiner notes that the limitation “molded into shape” is being treated as a product-by-process limitation. The determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art (see MPEP § 2113). As foam is a moldable material (see pg. 11 of instant spec) and the front shield is in a particular shape (as shown in fig. 3), the front shield of Pilon is considered as meeting all of the limitations of Claim 12.
Regarding Claim 23, Pilon teaches the article of protective gear of Claim 1, as discussed in the rejections above. Pilon further teaches wherein: the front member (104A) comprises a front panel (112) for covering the front side of the thorax of the wearer (fig. 3 shows the front panel (112) configured to cover at least part of the wearer’s thorax front side), and a front shield (114) disposed over the front panel to cover a sternum region of the thorax of the wearer (fig. 3 shows the front shield (114) disposed over the front panel (112) to cover a wearer’s sternum region); and the back member (104B) comprises a back panel (116) to cover the back side of the thorax of the wearer (fig. 4 shows the back panel (116) disposed to cover the back of a wearer’s thorax), and a back shield (118) disposed over the back panel to cover a thoracic spinal region of the thorax of the wearer (fig. 4 shows the back shield (118) disposed over the back panel (116) to cover a wearer’s thoracic spinal region).
Regarding Claim 24, Pilon teaches the article of protective gear of Claim 23, as discussed in the rejections above. Pilon further teaches wherein the front panel (112) and the back panel (116) are continuous and integral with one another (figs. 3 and 4 show the front (112) and back (116) panels being continuous and integral with one another).
Regarding Claim 27, Pilon teaches the article of protective gear of Claim 1, as discussed in the rejections above. Pilon further teaches wherein the collar (102) comprises a foam core and a fabric liner (paragraph [0064], “One or more rigid foam layers and a plastic outer layer may then attached to the supportive layer for enhancing the impact resistance properties of the neck-protective structure 102. A fabric cover may then enclose the components of the neck-protective structure 102 and the base structure 104 for comfort,” wherein the foam layer is considered as equivalent to the foam core and the fabric cover is considered as equivalent to the fabric liner).
Regarding Claim 28, Pilon teaches the article of protective gear of Claim 27, as discussed in the rejections above. Pilon further teaches wherein the collar (102) is further affixed to the shoulder protectors (132) of the article (fig. 18 shows the collar (102) being affixed to the front and back members (104); paragraph [0091] teaches “the neck-protective structure 102 of a protective garment 300 may also extend from the base structure 104” and paragraph [0065] teaches “attaching the upper shoulder cap 132 thereof to a respective shoulder area of the base structure 104,” therein the shoulder protectors (132) are clearly affixed to the collar (102) by the base member (104)).
Regarding Claim 80, Pilon teaches an article of protective gear (100) for protecting an upper body of a wearer against impacts (paragraph [0057], “A user may wear the protective garment 100 upon his/her upper body to form protection about the user's body and neck area”), the article of protective gear comprising:- a front member (104A) configured to protect a front side of a thorax of the wearer (fig. 3 shows the front member (104A) positioned to protect a front side of a wearer’s thorax); - a back member (104B) configured to protect a back side of the thorax of the wearer (fig. 4 shows the front member (104A) positioned to protect a front side of a wearer’s thorax); - shoulder protectors (132) configured to protect shoulders of the wearer (figs. 6 and 7 show the shoulder protectors (132) positioned to protect a wearer’s shoulders); a collar (102) configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member (fig. 18 shows the collar (102) extending entirely around the rear of the neck opening, therein being configured to overlie and protect a wearer’s sternal angle region and being affixed to both the front (104A) and back (104B) members; paragraph [0091] teaches “the neck-protective structure 102 of a protective garment 300 may also extend from the base structure 104 upwardly and slightly outwardly along the rear side of the neck area to also provide protection to the rear side of the neck area”); - sleeves (134) connected to the shoulder protectors, configured to receive arms of the wearer (paragraph [0065], “lower shoulder cap 134 flexibly coupled to the upper shoulder cap 132”; figs. 6 and 7 show the sleeves (134) positioned to receive a wearer’s arms), and comprising a plurality of arm protectors (136) configured to protect the arms of the wearer (figs. 6 and 7 show the arm protectors (136) positioned to protect a wearer’s arms); and - openings (see annotated Fig.) configured to leave left and right armpit regions of the wearer uncovered by the article of protective gear (annotated fig. 7 shows the wearer’s armpits being exposed on the left and right sides by the openings).
Pilon does not teach wherein the collar is directly connected to the shoulder protectors.
Attention is drawn to Contant et al., which teaches an analogous article of protective gear. Contant et al. teaches an article of protective gear (10) for protecting an upper body of a wearer against impacts, the article of protective gear comprising:- a front member (30) configured to protect a front side of a thorax of the wearer (paragraph [0027], “The front portion 30 is configured to cover at least part of the front side FS of the thorax 12 of the player.);- a back member (32) configured to protect a back side of the thorax of the wearer (paragraph [0031] “The back portion 32 is configured to cover at least part of the back side BS of the thorax 12 of the player.”) ;- shoulder protectors (40) configured to protect shoulders of the wearer (paragraph [0037], “the shoulder caps 40.sub.1, 40.sub.2, are configured to respectively cover at least part of the left and right shoulders 20.sub.1, 20.sub.2 of the player”);- a collar (34) (paragraph [0025] teaches “The front portion 30, the back portion 32, and the left and right shoulder arch portions 34.sub.1, 34.sub.2 define a neck opening 39,” therein the structure (34) clearly forms a collar as also shown in figs. 1 and 2), the collar being affixed to the front member and to the back member (paragraph [0034] teaches “The left and right shoulder arch portions 34.sub.1, 34.sub.2 are configured to respectively arch over the left and right shoulders 20.sub.1, 20.sub.2 of the player and interconnect the front portion 30 and the back portion 32”) and directly connected to the shoulder protectors (paragraph [0038] teaches “The shoulder cap 40.sub.x may be directly connected (e.g., sewed) to the shoulder arch portion 34.sub.x”);- sleeves (21) connected to the shoulder protectors, configured to receive arms of the wearer (paragraph [0038] “the shoulder cap 40.sub.x is connected to the arm protector 21.sub.x”; paragraph [0039] teaches “The left and right arm protectors 21.sub.1, 21.sub.2 are configured to cover at least part of the left and right arms 24.sub.1, 24.sub.2 of the player.”), and comprising a plurality of arm protectors configured to protect the arms of the wearer (paragraph [0040] teaches “In this embodiment, the arm protector 21.sub.x comprises protective padding 57,” wherein the protective padding is considered to be an arm protector); and- openings (see annotated Fig.) configured to leave a left and right armpit regions of the wearer uncovered by the article of protective gear (annotated fig. 1 shows the openings that are configured to leave left and right armpit regions of the wearer of the wearer uncovered).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pilon to include the teachings of Contant such that the collar is directly connected to the shoulder protectors so as to more securely attach the shoulder protector to the collar by avoiding the potential of severing a connecting intermediary such as a strap, especially as Pilon appears to show this, but does not explicitly disclose this limitation.
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Claim(s) 82 is/are rejected under 35 U.S.C. 103 as being obvious over Savarino (US 3991420) in view of Fiegener et al. (US 2010/0306907).
Regarding Claim 82, Savarino teaches an article of protective gear (1) for protecting an upper body of a wearer against impacts (abstract, “The protective jacket is adapted to protect the upper portion of the human torso and arms”), the article of protective gear comprising: a front member (see annotated Fig.) configured to protect a front side of a thorax of the wearer (annotated figs. 1 and 3 show the front member configured to protect the front side of a wearer’s thorax); - a back member (14, 22, 22a) configured to protect a back side of the thorax of the wearer (figs. 2 and 3 show the back member (14, 22, 22a) configured to protect the back side of a wearer’s thorax); - shoulder protectors (15, 21) configured to protect shoulders of the wearer (figs. 2 and 3 show the shoulder protectors (15, 21) configured to protect the wearer’s shoulders); - sleeves (2, 3) connected to the shoulder protectors (15, 21), configured to receive arms of the wearer (figs. 2 and 3 shows the sleeves (2, 3) connected to the shoulder protectors (15, 21) and configured to receive a wearer’s arms), and comprising a plurality of arm protectors (8, 9, 10) configured to protect the arms of the wearer (figs. 1 and 3 show the sleeves (2, 3) comprising a plurality of arm protectors (8, 9, 10) that are configured to protect a wearer’s arms); a left (2) one of the sleeves being configured to enclose at least a majority of a surface area of a left one of the arms of the wearer, a right one (3) of the sleeves being configured to enclose at least a majority of a surface area of a right one of the arms of the wearer (figs. 1 and 3 shows the left (2) and right (3) sleeves appearing to extend to a wearer’s wrists, therein both the left (2) and right (3) sleeves are clearly configured to enclose at least a majority of a surface area of a respective left and right arm of the wearer. Examiner notes that the sleeves will fit differently sized arms in different manners and an intended relative extent of coverage of the sleeves to the wearer's arms is functional and not patentably significant.);- lower rib protectors (11, 17) configured to cover a lower region of the left side of the thorax of the wearer and a lower region of the right side of the thorax of the wearer (figs. 2 and 3 show the lower rib protectors (11, 17) being configured to cover a lower region of the left and right side of the thorax of the wearer), each of the rib protectors comprising a main body (see annotated Fig.) and a chest strap (12, 18) affixed to the main body and configured to overlap a ventral portion of the front member (figs. 2 and 3 show the rib protectors (11, 17) comprising a main body and a chest strap, the chest strep attached to the main body and overlapping a ventral portion of the front member, as the entire front side of the front member is considered to be the ventral portion. While only one chest strap (12) is shown overlapping the front member, the second chest strap (18) clearly extends to the front member in the same manner as shown in fig. 2),- openings (23, 25) configured to leave left and right armpit regions of the wearer uncovered by the article of protective gear (figs. 1-3 show the openings (23, 25) leaving a left and right armpit regions of the wearer uncovered), a left one of the openings extending to the front member, the back member, the left one of the sleeves, and a left one of the lower rib protectors, a right one of the openings extending to the front member, the back member, the right one of the sleeves, and a right one of the lower rib protectors (figs. 1-3 show the left (23) and right (25) openings extending to the front member, the back member (14, 22, 22a), and the respective sleeves (2, 3) and lower rib protectors (11, 17)).
Savarino does not teach the shoulder protectors comprising shoulder caps configured to overly clavicle, scapular, acromioclavicular joint, and deltoid regions of the shoulders of the wearer.
Attention is drawn to Fiegener et al. which teaches an analogous article of protective apparel. Fiegener et al. teaches an article of protective gear (10) for protecting an upper body of a wearer against impacts, the article of protective gear comprising:- a front member (16C) configured to protect a front side of a thorax of the wearer (fig. 1 shows the front member (!6C) configured to protect a front side thorax of a wearer);- a back member (14T) configured to protect a back side of the thorax of the wearer (Fig. 3 shows the back member (14T) configured to protect a back side of the thorax);- shoulder protectors (14C, 14N, 16B, 16D) configured to protect shoulders of the wearer (figs. 1-3 show the shoulder protectors (14C, 14N, 16B, 16D) configured to protect the shoulders of the wearer), the shoulder protectors comprising shoulder caps (16B, 16D) configured to overly clavicle, scapular, acromioclavicular joint, and deltoid regions of the shoulders of the wearer (figs. 1-3 show the shoulder caps (16B, D) configured to overly clavicle, scapular, acromioclavicular joint, and deltoid regions of the shoulders of the wearer. Examiner notes that the shoulder caps will fit differently sized wearers in different manners and an intended relative position of the shoulder caps to the wearer's thorax anatomy is functional and not patentably significant.);- sleeves (18A,B) connected to the shoulder protectors, configured to receive arms of the wearer, and comprising a plurality of arm protectors configured to protect the arms of the wearer (figs. 1 and 2 show the sleeves (18A,B) connected to the shoulder protectors via pads (16A, E), and being configured to receive arms of the wearer and having a plurality of arm protectors to protect a wearer’s arms).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Savarino to include the teachings of Fiegener et al. such that the shoulder protectors comprise shoulder caps configured to overly clavicle, scapular, acromioclavicular joint, and deltoid regions of the shoulders of the wearer so as to better absorb impact for the wearer (paragraph [0034], “During play, second pads 16A-16E absorb impact and transfer the impact force to first pads 14A-14W which are proximate the impact area. The force on the first pads is spread across all of the interconnected pads proximate the impact area and thereby reduces the force. Since the force is reduced because it is spread across a broader area, the first pads also function to absorb the impact.”)
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Claim(s) 1-6, 37-39, 41, 46, 47, 51, 53, 58, 63, 64, 80, and 81 is/are rejected under 35 U.S.C. 103 as being unpatentable over Savarino (US 3991420) in view of Regan (US 6038701).
Regarding Claim 1, Savarino teaches an article of protective gear (1) for protecting an upper body of a wearer against impacts (abstract, “The protective jacket is adapted to protect the upper portion of the human torso and arms”), the article of protective gear comprising: a front member (see annotated Fig.) configured to protect a front side of a thorax of the wearer (annotated figs. 1 and 3 show the front member configured to protect the front side of a wearer’s thorax); - a back member (14) configured to protect a back side of the thorax of the wearer (figs. 2 and 3 show the back member (14) configured to protect the back side of a wearer’s thorax); - shoulder protectors (15, 21) configured to protect shoulders of the wearer (figs. 2 and 3 show the shoulder protectors (15, 21) configured to protect the wearer’s shoulders); - sleeves (2, 3) connected to the shoulder protectors (15, 21), configured to receive arms of the wearer (figs. 2 and 3 shows the sleeves (2, 3) connected to the shoulder protectors (15, 21) and configured to receive a wearer’s arms), and comprising a plurality of arm protectors (8, 9, 10) configured to protect the arms of the wearer (figs. 1 and 3 show the sleeves (2, 3) comprising a plurality of arm protectors (8, 9, 10) that are configured to protect a wearer’s arms); and - openings (23, 25) configured to leave at least part of a left side of the thorax of the wearer and at least part of a right side of the thorax of the wearer uncovered by the article of protective gear (figs. 1-3 show the openings (23, 25) leaving a left and right side of the wearer’s thorax uncovered).
Savarino does not teach a collar configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member.
Attention is drawn to Regan, which teaches an analogous article of apparel. Regan teaches an article of protective gear (10) for protecting an upper body of a wearer against impacts (fig. 1 shows the article of protective gear (10), sized and shaped for being worn on and protecting the wearer’s upper body against impacts), the article of protective gear comprising:- a front member (see annotated Fig.) configured to protect a front side of a thorax of the wearer;- a back member (see annotated Fig.) configured to protect a back side of the thorax of the wearer (annotated fig. 1 shows the front and back members each configured to protect a front and a back side of the thorax of the wearer, respectively);- shoulder protectors (see annotated Fig.) configured to protect shoulders of the wearer (Annotated fig. 1 shows the shoulder protectors configured to protect the wearer’s shoulders);- a collar (52) configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member (annotated figs. 1 and 2 show the collar being configured to overlie and protect a sternal angle region of the wearer as the collar extends along the neckline edge of the back member and being connected to the front and back members); and- sleeves (20, 22) connected to the shoulder protectors, configured to receive arms of the wearer (annotated fig. 1 shows the sleeves (20, 22) connected to the shoulder protectors and configured to receive the arms of the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Savarino to include the teachings of Regan such that the article of protective gear includes a collar configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member so as to provide padding at the wearer’s neck, and therein additional comfort and protection for the wearer (col. 4 ll. 16-19, “Around the neck opening 50 is a strip of material 52. Attached to this strip of material 52 is a neck guard 54. The neck guard 54 is of the type having a cut-proof wall portion 56 and padding 58.”).
Regarding Claim 2, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein the front member (see annotated Fig.), the back member (14), the shoulder protectors (15, 21) and the sleeves (2, 3) are donnable and doffable all at once (figs 1-3 show the front member, back member (14), shoulder protectors (15, 21) and the sleeves (2, 3) being part of a single article of apparel, therein all of the members are clearly donnable and doffable at once).
Regarding Claim 3, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein the sleeves (2, 3) are separate and spaced from the front member (see annotated Fig.) and the back member (14) (figs. 1-3 show the sleeves being a separate and distinct component from the front and back (14) members, and being spaced from the front and back members by the opening (23, 25)).
Regarding Claim 4, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein the openings (23, 25) are configured to leave armpit regions of the wearer uncovered by the article of protective gear (1) (fig. 1 shows the armpit region of the wearer exposed by the opening (23); col. 2 ll. 50-51, “Opening 23 under left arm pit 24 of jacket 1, and, opening 25 under right arm pit 26 of jacket 1”).
Regarding Claim 5, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above.
Savarino does not explicitly teach wherein each opening covers an area of at least 300 cm2. However, figs. 1-3 appear to show each opening (23, 25) covering an area of at least 300 cm2. Further, the area of the opening is considered a results effective variable. The opening must be large enough to allow the garment to flex with the wearer and receive enough airflow to cool the wearer (see co. 2 ll. 50-54), and small enough so as to not expose too much of wearer so that the amount of protection is sufficient. It would have been obvious to one having ordinary skill in the art at the time the invention was made to create the invention of the prior art with an opening having an area greater than 300 cm2 since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP § 2144.05 II. In the present invention, one would have been motivated to optimize the cooling, comfort, and protection provided by the garment opening.
Regarding Claim 6, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein: the at least part of the left side of the thorax of the wearer comprises an upper region of the left side of the thorax of the wearer; the at least part of the rights side of the thorax of the wearer comprises an upper region of the right side of the thorax of the wearer (a left and right side of the wearer’s thorax clearly comprise respective upper regions); the article of protective gear comprises lower rib protectors (11, 17) configured to cover a lower region of the left side of the thorax of the wearer and a lower region of the right side of the thorax of the wearer (figs. 2 and 3 show the lower rib protectors configured to cover a lower region of the left and right sides of the wearer’s thorax); and the openings (23, 25) extends between the front member (see annotated Fig.), the back member (14), the sleeves (2, 3), and the lower rib protectors (fig. 3 shows the opening (23) extending between the front and back (14) members, the sleeves (2, 3), and the lower rib protectors (11, 17), where the opening (25) would clearly extend the same way on the opposite side of the wearer, though not clearly shown).
Regarding Claim 37, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein the sleeves (2, 3) are integrated with at least one of the front member (see annotated Fig.), the back member (14) and the shoulder protectors (15, 21) (figs 1 and 2 show the sleeves (2, 3) being integrated with the front and back (14) members and the shoulder protectors (15, 21)).
Regarding Claim 38, Savarino teaches the article of protective gear of Claim 37, as discussed in the rejections above. Savarino further teaches wherein: the shoulder protectors (15, 17) comprise an inner liner (see annotated Fig.) comprising a fabric, an outer cover (see annotated Fig.) comprising a fabric, and a padding (see annotated Fig.) disposed between the liner and the cover (annotated fig. 5 shows the shoulder protector (15), which would clearly have the same structure as opposite shoulder protector (17), having an inner liner and an outer cover comprising a fabric and a padding); and the fabric (1a) of the inner liner and the fabric of the outer cover extend beyond the shoulder protectors (15, 17) and form a base of the sleeves (2, 3) (fig. 4 shows the same fabric (1a) of the inner liner and outer cover forming the sleeves (2, 3), therefore the fabric of the inner liner and outer cover clearly extend to the sleeves and therein form a base of the sleeves (2, 3)).
Regarding Claim 39, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein each sleeve (2, 3) is configured to enclose at least a majority of a surface area of a respective one of the arms of the wearer (fig. 3 shows the sleeves (2, 3) each enclosing a majority of the surface area of the wearer’s arms).
Regarding Claim 41, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein each sleeve (2, 3) is configured to enclose a respective one of the arms of the wearer along at least a majority of a length of the respective one of the arms of the wearer (fig. 3 shows the sleeves (2, 3) enclosing the wearer’s arms along a majority of the length of each arm).
Regarding Claim 46, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein the sleeves (2, 3) are strapless (figs. 1-3 show the sleeves (2, 3) lacking straps, therein being strapless).
Regarding Claim 47, Savarino teaches the article of protective gear of Claim 1, as discussed in the rejections above. Savarino further teaches wherein the sleeves (2, 3) comprise a base which supports the arm protectors (8, 9, 10) (fig. 1 shows the sleeves (2, 3) comprising a base to support the arm protectors (8, 9, 10)).
Regarding Claim 51, Savarino teaches the article of protective gear of Claim 47, as discussed in the rejections above. Savarino further teaches wherein the arm protectors (8, 9, 10) comprise elbow caps (9) for protecting elbows of the wearer (figs. 1 and 3 show the elbow caps (9) being configured to protect the wearer’s elbows).
Regarding Claim 53, Savarino teaches the article of protective gear of Claim 51, as discussed in the rejections above. Savarino further teaches wherein the elbow caps (9) are affixed to the base of the sleeves (2, 3) (figs. 1 and 3 show the elbow caps (9) being affixed to the base of the sleeves).
Regarding Claim 58, Savarino teaches the article of protective gear of Claim 47, as discussed in the rejections above. Savarino further teaches wherein the arm protectors comprise forearm protectors (8) for protecting left and right forearms of the wearer (fig. 1 shows the arm protectors (8, 9, 10) comprising forearm protectors (8) for protecting the left and right forearms of the wearer, where the right forearm protector would clearly be affixed at fastener (27)).
Regarding Claim 63, Savarino teaches the article of protective gear of Claim 47, as discussed in the rejections above. Savarino further teaches wherein the sleeves comprise wrist guards (see annotated Fig.) for protecting left and right wrists of the wearer (annotated figs. 1 and 3 show the wrist protectors positioned to protect the left and right wrists of the wearer).
Regarding Claim 64, Savarino teaches the article of protective gear of Claim 63 (in view of objection, as explained above), as discussed in the rejections above. Savarino further teaches wherein the wrist guards (see annotated Fig.) are affixed to the base at distal ends of the sleeves (annotated fig. 1 shows the wrist guards being affixed to the base at the distal ends of the sleeves (2, 3).
Regarding Claim 80, Savarino teaches an article of protective gear (1) for protecting an upper body of a wearer against impacts (abstract, “The protective jacket is adapted to protect the upper portion of the human torso and arms”), the article of protective gear comprising: a front member (see annotated Fig.) configured to protect a front side of a thorax of the wearer (annotated figs. 1 and 3 show the front member configured to protect the front side of a wearer’s thorax); - a back member (14) configured to protect a back side of the thorax of the wearer (figs. 2 and 3 show the back member (14) configured to protect the back side of a wearer’s thorax); - shoulder protectors (15, 21) configured to protect shoulders of the wearer (figs. 2 and 3 show the shoulder protectors (15, 21) configured to protect the wearer’s shoulders); - sleeves (2, 3) connected to the shoulder protectors (15, 21), configured to receive arms of the wearer (figs. 2 and 3 shows the sleeves (2, 3) connected to the shoulder protectors (15, 21) and configured to receive a wearer’s arms), and comprising a plurality of arm protectors (8, 9, 10) configured to protect the arms of the wearer (figs. 1 and 3 show the sleeves (2, 3) comprising a plurality of arm protectors (8, 9, 10) that are configured to protect a wearer’s arms); and - openings (23, 25) configured to leave left and right armpit regions of the wearer uncovered by the article of protective gear (fig. 1 shows the armpit region of the wearer exposed by the opening (23); col. 2 ll. 50-51, “Opening 23 under left arm pit 24 of jacket 1, and, opening 25 under right arm pit 26 of jacket 1”).
Savarino does not teach a collar configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member and directly connected to the shoulder protectors.
Attention is drawn to Regan, which teaches an analogous article of apparel. Regan teaches an article of protective gear (10) for protecting an upper body of a wearer against impacts (fig. 1 shows the article of protective gear (10), sized and shaped for being worn on and protecting the wearer’s upper body against impacts), the article of protective gear comprising:- a front member (see annotated Fig.) configured to protect a front side of a thorax of the wearer;- a back member (see annotated Fig.) configured to protect a back side of the thorax of the wearer (annotated fig. 1 shows the front and back members each configured to protect a front and a back side of the thorax of the wearer, respectively);- shoulder protectors (see annotated Fig.) configured to protect shoulders of the wearer (Annotated fig. 1 shows the shoulder protectors configured to protect the wearer’s shoulders);- a collar (52) configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member (annotated figs. 1 and 2 show the collar being configured to overlie and protect a sternal angle region of the wearer as the collar extends along the neckline edge of the back member and being connected to the front and back members) and directly connected to the shoulder protectors (annotated fig. 1 shows the shoulder protectors extending up to and directly attached to the collar); and- sleeves (20, 22) connected to the shoulder protectors, configured to receive arms of the wearer (annotated fig. 1 shows the sleeves (20, 22) connected to the shoulder protectors and configured to receive the arms of the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Savarino to include the teachings of Regan such that the article of protective gear includes a collar configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member and being directly connected to the shoulder protectors so as to provide padding at the wearer’s neck, and therein additional comfort and protection for the wearer and so as to more securely attach the shoulder protector to the collar by avoiding the potential of severing a connecting intermediary such as a strap (col. 4 ll. 16-19, “Around the neck opening 50 is a strip of material 52. Attached to this strip of material 52 is a neck guard 54. The neck guard 54 is of the type having a cut-proof wall portion 56 and padding 58.”).
Regarding Claim 81, Savarino teaches an article of protective gear (1) for protecting an upper body of a wearer against impacts (abstract, “The protective jacket is adapted to protect the upper portion of the human torso and arms”), the article of protective gear comprising: a front member (see annotated Fig.) configured to protect a front side of a thorax of the wearer (annotated figs. 1 and 3 show the front member configured to protect the front side of a wearer’s thorax); - a back member (14) configured to protect a back side of the thorax of the wearer (figs. 2 and 3 show the back member (14) configured to protect the back side of a wearer’s thorax); - shoulder protectors (15, 21) configured to protect shoulders of the wearer (figs. 2 and 3 show the shoulder protectors (15, 21) configured to protect the wearer’s shoulders); - sleeves (2, 3) connected to the shoulder protectors (15, 21), configured to receive arms of the wearer (figs. 2 and 3 shows the sleeves (2, 3) connected to the shoulder protectors (15, 21) and configured to receive a wearer’s arms), comprising a plurality of arm protectors (8, 9, 10) configured to protect the arms of the wearer (figs. 1 and 3 show the sleeves (2, 3) comprising a plurality of arm protectors (8, 9, 10) that are configured to protect a wearer’s arms), the sleeves comprising a base for supporting the arm protectors (8, 9, 10) (fig. 1 shows the sleeves (2, 3) comprising a base to support the arm protectors (8, 9, 10)), the arm protectors comprising elbow caps (9) configured to protect left and right elbows of the wearer (figs. 1 and 3 show the elbow caps (9) being configured to protect the wearer’s elbows), the elbow caps being affixed to the base of the sleeves (figs. 1 and 3 show the elbow caps (9) being affixed to the base of the sleeves).
Savarino does not teach a collar configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member and directly connected to the shoulder protectors.
Attention is drawn to Regan, which teaches an analogous article of apparel. Regan teaches an article of protective gear (10) for protecting an upper body of a wearer against impacts (fig. 1 shows the article of protective gear (10), sized and shaped for being worn on and protecting the wearer’s upper body against impacts), the article of protective gear comprising:- a front member (see annotated Fig.) configured to protect a front side of a thorax of the wearer;- a back member (see annotated Fig.) configured to protect a back side of the thorax of the wearer (annotated fig. 1 shows the front and back members each configured to protect a front and a back side of the thorax of the wearer, respectively);- shoulder protectors (see annotated Fig.) configured to protect shoulders of the wearer (Annotated fig. 1 shows the shoulder protectors configured to protect the wearer’s shoulders);- a collar (52) configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member (annotated figs. 1 and 2 show the collar being configured to overlie and protect a sternal angle region of the wearer as the collar extends along the neckline edge of the back member and being connected to the front and back members) and directly connected to the shoulder protectors (annotated fig. 1 shows the shoulder protectors extending up to and directly attached to the collar); and- sleeves (20, 22) connected to the shoulder protectors, configured to receive arms of the wearer (annotated fig. 1 shows the sleeves (20, 22) connected to the shoulder protectors and configured to receive the arms of the wearer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Savarino to include the teachings of Regan such that the article of protective gear includes a collar configured to overlie and protect a sternal angle region of the wearer, the collar being affixed to the front member and to the back member and directly connected to the shoulder protectors so as to provide padding at the wearer’s neck, and therein additional comfort and protection for the wearer so as to more securely attach the shoulder protector to the collar by avoiding the potential of severing a connecting intermediary such as a strap (col. 4 ll. 16-19, “Around the neck opening 50 is a strip of material 52. Attached to this strip of material 52 is a neck guard 54. The neck guard 54 is of the type having a cut-proof wall portion 56 and padding 58.”).
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Claim(s) 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Savarino (US 3991420) in view of Regan (US 6038701), and further in view of Harris (US 2009/0271916).
Regarding Claim 48, Savarino teaches the article of protective gear of Claim 47, as discussed in the rejections above.
Savarino does not teach wherein the base defines at least one pocket to accommodate at least one of the arm protectors.
Attention is drawn to Harris, which teaches an analogous article of apparel. Harris teaches an article of protective gear (10) for protecting an upper body of a wearer against impacts, the article of protective gear comprising:- a front member (36) configured to protect a front side of a thorax of the wearer; - a back member (38) configured to protect a back side of the thorax of the wearer (paragraph [0018], “The chest protector section 36 includes foam pads 37 for protecting the chest (the foam pads of the back protector section 38 for protecting the back of a player are not illustrated)”); - shoulder protectors (34) configured to protect shoulders of the wearer (paragraph [0018], “left and right hard shell shoulder sections 34 to protect the player's shoulder”); - sleeves (16, 18) configured to receive arms of the wearer (fig. 1 shows the sleeves (16, 18) being configured to receive a wearer’s arm), and comprising a plurality of arm protectors (54, 56) configured to protect the arms of the wearer (paragraph [0023], “elbow protectors 46 and 48 disposed in the elbow area of the sleeves 16 and 18, respectively”), wherein the sleeves comprise a base which supports the arm protectors (fig. 1 shows the sleeves (18, 19) forming a base to support the arm protectors (54, 56)). Harris further teaches wherein the base defines at least one pocket (50,52) to accommodate at least one of the arm protectors (54, 56) (paragraph [0023], “The hockey suit 10 also includes elbow protectors 46 and 48 disposed in the elbow area of the sleeves 16 and 18, respectively. The elbow protectors 46 and 48 include pockets 50 and 52 formed in the sleeves. A hard shell elbow shield 54 and 56 is located in pockets 50 and 52 respectively.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Savarino to include the teachings of Harris such that the base defines at least one pocket to accommodate at least one of the arm protectors so as to allow the arm protectors to be removed from the pockets to clean the suit, which would be difficult due to the exposed hook and loop fastener of Savarino, and as it is no more than a simple substitution of one type of removable fastener (hook and loop as taught by Savarino) for another (the pocket as taught by Harris) that would obtain only the predictable results of removably securing the arm protectors to the sleeves.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 12, 23, 34, 27, 28, 37-39, 41, 46-48, 51, 53, 58, 63, 64, and 80-82 have been considered but are moot because the new ground of rejection necessitated by amendment. Therefore, see aforementioned rejections for the argued missing limitations.
Regarding the 35 U.S.C. 103 rejection of Claims 1, 80, and 81 as well as any dependents, over Savarino in view of Regan, Applicant submits that Savarino and Reagan do not teach the collar being directly connected to the shoulder protectors. Applicant further submits that there is no motivation to modify Savarino with the teachings of Reagan, as a wearer’s neck does not need to be protected while playing baseball. Examiner disagrees; and submits that Reagan clearly teaches this, and that the modification of Savarino to have a collar would clearly show the collar being directly connected to the shoulder protectors. Examiner further disagrees that Savarino should not be modified with the teachings of Reagan. Examiner submits that the jacket is for use only while at bat, and not only for protecting vulnerable areas of the batter. Further, there is no teaching or suggestion that the listed areas of the wearer is an exhaustive list of vulnerable areas of the wearer. Additionally, there is no explicit teaching that the neck of Savarino is a “wide” neck, or that the neck of Reagan must be close fit. For at least these reasons, Examiner submits that the modification of Savarino with the teaching of Reagan is reasonable and further that the combination of references teaches all limitations of Claims 1, 80, and 81.
Regarding the 35 U.S.C. 102 rejection of Claims 1 and 80, as well as any dependents, over Pilon, Applicant submits that Pilon does not teach the collar being directly connected to the shoulder protectors. Examiner agrees that this is not explicitly taught; however, such arguments are moot in view of the new grounds of rejection as set forth above over Pilon in view of Contant.
Regarding the 35 U.S.C. 102 rejection of Claim 82 over Savarino, Applicant notes that the chest strap of Savarino does not overlap the ventral portion of the front member, and instead only overlaps the rear edge of the front portion, and further does not teach shoulder caps that cover the regions of the wearer as claimed. Examiner submits that as explained in the rejection above, fig, 3 clearly shows the chest strap overlapping the front side of the front panel, which is considered to be the ventral portion. Examiner notes that the ventral portion of the front panel of the instant invention is not specifically disclosed or defined, the interpretation of the “ventral portion” is reasonable. Examiner does agree that Savarino does not teach shoulder caps specifically; however, such arguments are moot in view of the new grounds of rejection as set forth above over Savarino in view of Fiegener et al.
Conclusion
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/HALEY A SMITH/Primary Examiner, Art Unit 3732
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