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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “fastening means” , “means of an electrical conductor” , fastening means, “means of the conductor”, “means of an electrical conductor”, “means of an electrical conductor” in claims 5, 8, 13, 17, 18, and 19.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Objections
Claims 1, 2, 8 and 19 are objected to because of the following informalities: Appropriate correction is required. Claims 1, 2, 8 and 19 recite “can be” limitations. These limitations are mere statements of purpose or use. In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962) (statement of intended use in an apparatus claim did not distinguish over the prior art apparatus). If a prior art structure is capable of performing the intended use as recited in the claim, then it meets the claim. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2 and 14-20 are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Kettner et al. US Publication No. 2021/0219639, cited by applicant.
Re Claim 1, KETTNER discloses a glove comprising a dorsal section (18, Fig. 1) and a fastening section (24, 26,), wherein the fastening section (24, 26) is designed to fasten the dorsal section (18) onto a user's hand (P78-80),
wherein the dorsal section (18) comprises a trigger opening (32, Fig. 1) and a holder opening (38) (P31, P91-P100, the holder comprises a retainer in which a function unit 2 is insertable and at least one electrical contact element 42. The functional unit 2 may be attached to the glove 10 by means of the holder 38, wherein in this case the functional unit 2 is received in the retainer 40 and is contacted by the electrical contact element 42 and the mating contacts 8) and wherein the dorsal section (18) is designed in such a way that a trigger (44) of an electrical assembly (Figs. 1) can be inserted into the trigger opening (32, Fig. 1) and can be held there by at least one of the dorsal section (18) or a holder 38 of the electrical assembly (Figs. 1) can be inserted into the holder opening (retainer 40) and can be held there by the dorsal section (P95).
Re Claim 2, KETTNER discloses the glove according to claim 1, wherein the dorsal section 18 is designed in such a way that at least one of the trigger (44, Fig. 1) or the holder 38 can be inserted into the trigger opening (32, Fig. 1) or the holder opening (40,) respectively, from an underside of the dorsal section (Fig. 2) .
Re Claim 4, KETTNER discloses the glove according to claim 1, wherein the dorsal section (18) is designed flexibly (P7-9, see claim 22).
Re Claim 5, KETTNER discloses the glove according to claim 1, wherein at least one of the trigger opening (32, Fig. 1) or the holder opening (40) are limited by an edge of the dorsal section, wherein at least a fastening means for at least one of the trigger ((44, Fig. 1) ) or for the holder 38 is located on the edge (P79-82) .
Re Claim 6, KETTNER discloses the glove according to claim 1, wherein the fastening section is a palm section (Figs. 6-7).
Re Claim 7, KETTNER discloses the glove according to claim 1, wherein the fastening section is a strap section (P82).
Re Claim 8, KETTNER discloses a wearable device comprising a glove and an electrical assembly, wherein the glove comprises a dorsal section (18, Fig. 1) and a fastening section, wherein the fastening section is designed to fasten the dorsal section (18, Fig. 1) onto a user's hand, wherein the dorsal section(18, Fig. 1) comprises a trigger opening (32, Fig. 1) and a holder opening (38) (P31, P91-P100, the holder comprises a retainer in which a function unit 2 is insertable and at least one electrical contact element 42. The functional unit 2 may be attached to the glove 10 by means of the holder 38, wherein in this case the functional unit 2 is received in the retainer 40 and is contacted by the electrical contact element 42 and the mating contacts 8), and wherein the dorsal section (18, Fig. 1) is designed in such a way that a trigger (44, Fig. 1) of an electrical assembly can be inserted into the trigger opening (32, Fig. 1) and can be held there by at least one of the dorsal section (18) or a holder of the electrical assembly can be inserted into the holder opening and can be held there by the dorsal section (18) , wherein the electrical assembly comprises a trigger (44, Fig. 1) and a holder38, which are connected electrically to each other by means of an electrical conductor, wherein at least one of the trigger (46)or the holder (30, 38) are inserted into the trigger opening or the holder opening (30, 38) , respectively, and are held by the dorsal section (18; Fig. 1, Abstract ) .
Re Claim 9, KETTNER discloses the device according to claim 8, wherein at least one of the trigger (44) or the holder (38) at least one of extend from an underside of the dorsal section (18) through the trigger opening or the holder opening (30, , respectively, or project over an upper side of the dorsal section (Fig. 6).
Re Claim 10, KETTNER discloses the device according to claim 8, wherein at least one of the trigger (44) the or holder (38) have a size in at least one of a transverse direction or a longitudinal direction, wherein at least one of the trigger (44) or the holder (38) are larger in at least one of the longitudinal direction or the transverse direction as at least one of the trigger opening (32) or holder opening (30 in the corresponding direction (Figs. 1, 2).
Re Claim 11, KETTNER discloses the device according to claim 8, wherein the electrical assembly comprises a base layer, on which at least one of the trigger or the holder is attached (P86, P93-93).
Re Claim 12, KETTNER discloses the device according to claim 11, wherein the base layer adjoins an underside of the dorsal section (P79-82).
Re Claim 13, KETTNER discloses the device according to claim 11, wherein the base layer has at least one fastening means (P82).
Re Claim 14, KETTNER discloses The device according to claim 8, wherein the electrical assembly has a connecting part that extends from the holder (38) to the trigger (44) and defines a spacing between the trigger (44)and the holder(38) (fig. 14).
Re Claim 15, KETTNER discloses the device according to claim 8, wherein the electrical assembly comprises a connecting part that extends from the holder to the trigger and whose length is changeable in such a way that a spacing between the trigger (44) and the holder is changeable (P75-P77, P110-P117).
Re Claim 16, KETTNER discloses the device according to claim 8, wherein the wearable device has an electronic module (2) that is inserted into the holder( 38, Fig1, P54) .
Re Claim 17, KETTNER discloses the device according to claim 8, wherein the holder ( 38, Fig1, P54) comprises at least one electrical contact that is connected electrically to the trigger by means of the conductor( see claim 14).
Re Claim 18, KETTNER discloses an electrical assembly for a wearable device comprising a trigger and a holder that are connected electrically to each other by means of an electrical conductor (see claim 13) .
Re Claim 19, KETTNER discloses the electrical assembly according to claim 18, wherein the wearable device comprises a glove (10) and an electrical assembly, the glove comprising a dorsal section (18, fig. 1) and a fastening section (24, 26) , wherein the fastening section (24, 26) is designed to fasten the dorsal section (18) onto a user's hand, wherein the dorsal section (18) comprises a trigger opening (32, Fig. 1) and a holder opening(30,), and wherein the dorsal section (18, Fig. 1) is designed in such a way that a trigger(44) of an electrical assembly can be inserted into the trigger opening and can be held there by at least one of the dorsal section or a holder (38, )of the electrical assembly can be inserted into the holder opening (30) and can be held there by the dorsal section, the electrical assembly comprising a trigger (44) and a holder( 38, Fig1, P54), which are connected electrically to each other by means of an electrical conductor, wherein at least one of the trigger (44) or the holder( 38, Fig1, P54) are inserted into the trigger opening (32) or the holder opening (30) , respectively, and are held by the dorsal section(18; Fig. 1, Abstract ).
Re Claim 20, KETTNER discloses the electrical assembly according to claim 18, wherein the electrical assembly has a connecting part that extends from the holder ( 38, Fig1, P54) to the trigger and whose length is changeable in such a way that a spacing between the trigger and the holder ( 38, Fig1, P54) is changeable(P75-P77, P110-P117).
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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kettner et al. US Publication No. 2021/0219639 cited by applicant in view of Kirchner et al. D922, 063, cited by applicant.
Re Claim 3, Kettner discloses the glove according to claim 1.
Kettner fails to disclose wherein the dorsal section is free of at least one of conductors or rigid components.
However Kirchner disclose wherein the dorsal section is free of at least one of conductors or rigid components (Fig. 1.1.)
Given the teachings of Kirchner it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Kettner with wherein the dorsal section is free of at least one of conductors or rigid components .
Doing so would provide a repeatable, attachment of the electronics module to the glove.
Conclusion
The following reference is cited but not relied upon:
Brunnbauer et al discloses the object of the invention to provide an article of clothing having a glove and an electric operational element attached to the glove.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONJI N JOHNSON whose telephone number is (571)270-5266. The examiner can normally be reached 9am-9pm.
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SONJI N. JOHNSON
Examiner
Art Unit 2876
/SONJI N JOHNSON/Primary Examiner, Art Unit 2876