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 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 (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Juta (US 2009/0125086) in view of Charles (US 2016/0287970) and Eberbach (US 5810753).
Regarding claim 1, Juta teaches an inner glove, wherein the inner glove (fig. 15, holder 101) comprises a body portion that is seamless in a circumferential direction of a hand (fig. 15, para. [0055], the tubular shape of the holder is formed by circular knitting without sewing), and wherein the body portion is longitudinally divided into three sections of equal length, including a wrist-side section, a central section, and a finger-side section,
wherein the body portion comprises an opening for a wrist to be inserted, an opening for a thumb to be inserted, and at least two openings for fingers other than the thumb to be inserted (annotated fig. 15 below),
wherein the body portion has a multilayer structure including an inner fabric and an outer fabric (para. [0099]),
wherein the inner fabric and the outer fabric are made of a stretchable material (para. [0099]), wherein a thickness of the multilayer structure is about 0.3 to 1.3 mm (para. [0151], the holder is formed by using a 0.5mm thick Spandex made by circular knitting) so that the inner glove is thin and can follow changes in a shape of the hand (as the holder is formed from a stretchable material),
wherein the outer fabric comprises an opening portion (fig. 15, para. [0100], opening 106) allowing insertion and removal of a chemical warmer (fig. 15, chemical warmer 102), in a position facing the back of the hand (fig. 16), and
wherein the body portion is configured such that the chemical warmer is attachable in the position facing the back of the hand, between the inner fabric and the outer fabric (fig. 16, para. [0100]).
Juta does not clearly teach the inner glove for wearing under an outer glove and the inner glove is configured to match and be used in combination with the outer glove.
However, it is obvious to one of the ordinary skill in the art before the effective filing date of the invention to use the glove of Juta as an inner glove for wearing under an outer glove and the inner glove is configured to match and be used in combination with the outer glove for the benefit of providing another layer for protecting the user’s hand, further maintaining temperatures for a long period and preventing the inner glove from contamination. Further, “for wearing under an outer glove” and “the inner glove is configured to match and be used in combination with the outer glove” is an intended use of the invention. 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.
Juta does not teach the opening portion is located in the central section of the body portion.
However, Juta teaches the numbers and positions of openings are not particularly limited (para. [0049], [0099]).
Further, in the same field of endeavor, Charles teaches the opening portion is located in the central section of the body portion (fig. 2, opening 120 is located in the central section of the glove).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify the position of the opening of Juta to be in the central section of the body portion as suggested by Charles for the benefit of allowing insertion or removal of the heating element to provide heating for the back of the wearer’s hand without movement during use due to contact or impact (Charles, para. [0030]).
The modified structure Juta-Charles does not teach a joint portion formed in the finger-side section to join a back-of-hand side of the inner glove and a palm-side of the inner glove to form the at least two openings for the fingers other than the thumb, wherein the joint portion serves as a stopper to maintain the central section at the back of the hand by preventing the central section of the body portion from being inserted unnecessarily to the wrist side of the hand when the inner glove is worn on a hand.
However, in the same field of endeavor, Eberbach teaches a joint portion (fig. 20, elements 78) formed in the finger-side section to join a back-of-hand side of the inner glove and a palm-side of the inner glove to form the at least two openings for the fingers other than the thumb, wherein the joint portion serves as a stopper to maintain the central section at the back of the hand by preventing the central section of the body portion from being inserted unnecessarily to the wrist side of the hand when the inner glove is worn on a hand (fig. 20, column 6, lines 51-58).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Juta-Charles with the joint portion as taught by Eberbach for the benefit of providing an alternative way to secure the glove on the hand of the user by providing alternative openings through which fingers are inserted (Eberbach, fig. 20, column 6, lines 51-58).
PNG
media_image1.png
506
820
media_image1.png
Greyscale
Regarding claim 2, the modified structure Juta-Charles-Eberbach teaches the body portion includes two openings for fingers other than the thumb to be inserted (annotated Juta fig. 15 above, there are two openings for fingers beside the opening for the thumb to be inserted).
Regarding claim 3, the modified structure Juta-Charles-Eberbach teaches the two openings for fingers other than the thumb to be inserted are an opening for an index finger and a middle finger to be inserted and an opening for a ring finger and a little finger to be inserted (annotated Juta fig. 15 above, as there are two openings for fingers beside the opening for the thumb to be inserted and the material of the glove is stretchable, the first opening is capable of accommodating the index finger and the middle finger and the second opening is capable of accommodating the ring finger and the little finger).
Regarding claim 4, the modified structure Juta-Charles-Eberbach does not teach the body portion includes four openings for fingers other than the thumb to be inserted.
However, Juta teaches the number of inserted fingers is not particularly limited, and hence, the number and the positions of insertion openings 107, 108 are also not limited (para. [0096]).
Further, Eberbach teaches the body portion of the glove includes four openings for fingers (fig. 20).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Juta-Charles-Eberbach with four openings for fingers as suggested by Eberbach for the benefit of providing fit and comfort to the user’s hand while using the thermotherapy device.
Regarding claim 5, the modified structure Juta-Charles-Eberbach teaches the body portion includes two openings (Juta, fig. 15, openings 107, 108) for thumbs to be inserted, and the inner glove is an inner glove for left and right hands (Juta, para. [0096]).
Regarding claim 6, the modified structure Juta-Charles-Eberbach teaches the body portion has a two layer structure formed of the inner fabric and the outer fabric (Juta, fig. 15, para. [0099]).
Regarding claim 8, the modified structure Juta-Charles-Eberbach teaches a resiliently stretchable cuff (Juta, fig. 17, tightening portion 109; para. [0108], tightening portion 109 is prepared by using a rubber material) joined to the body portion, wherein the resiliently stretchable cuff is configured to hold and prevent a wrist side of the body portion from curling up (Juta, fig. 17, para. [0108], as the tightening portion 109 is from a rubber material and configured to provide a tightening force at the wrist side of the device, the tightening portion is configured to prevent the wrist side from curling up).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Juta (US 2009/0125086) and Charles (US 2016/0287970) and Eberbach (US 5810753), as applied to claim 1 above, and further in view of Toshimoto (US 3540204).
Regarding claim 7, the modified structure Juta-Charles-Eberbach does not teach the stretchable material is a covered yarn containing a polyurethane elastic yarn as a core yarn and a polyamide yarn as a sheath yarn.
However, in the same field of endeavor, Toshimoto teaches the stretchable material is a covered yarn containing a polyurethane elastic yarn as a core yarn and a polyamide yarn as a sheath yarn (column 4, lines 10-18).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Juta-Charles-Eberbach with the covered yarn as taught by Toshimoto for the benefit of providing an elastic material having a smooth surface and an excellent elastic property at a high production efficiency and low production cost (Toshimoto, column 2, lines 33-42).
Response to Arguments
Applicant’s arguments, dated 11/07/2025, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant argues that the prior art does not teach the amended limitations. However, this argument is not commensurate with the rejected claims, as the limitations have not been previously presented. Thus, the amended limitations have been addressed as analyzed above.
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 UYEN THI THAO NGUYEN whose telephone number is (571)272-8370. The examiner can normally be reached Monday-Friday 7:30 AM-4:30 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at 571-272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/UYEN T NGUYEN/Examiner, Art Unit 3732