Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. Applicant’s amendment filed January 14, 2026. Claims 1-20 cancelled. Claims 21-30 have been presented for examination. Applicant’s amendment has been fully considered and entered.
Priority
3. Applicant's claim for domestic priority under 35 U.S.C. 119(e) is acknowledged. The application is filed on 02/13/2023 but claims the benefit of U.S. continuation of 16/909117 filed on 2020/23/06 and U.S. continuation of 16216763 filed on 2018/12/11 and U.S. continuation of 15712426 filed on 20170922 and U.S. continuation of 14691193 filed on 20150420 and U.S. continuation of 13350139 filed on 20120113 and U.S. continuation of 12106301 filed on 20080420 and U.S. continuation of 13350139 filed on 20120113 and U.S. continuation of 12106301 filed on 20080420 and US provisional application number 60/757623 filed on 2006/01/10 and 60772073 filed on 2006/02/10 and 60/795332 filed on 2006/04/26 and 60/925175 filed on 2007/04/19 and 60/947801filed on 2007/07/03.
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed application, Application No. 16/216763 and 15/712426 and 14/691193 fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Double Patenting
4. Claims 21-30 rejected on the ground of nonstatutory double patenting over claims 1-4 of U.S. Patent No. 11937657 B2 and 1-11 of U.S. Patent No. 9080764 B2 since the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent.
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim Rejections - 35 USC § 103
6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
7. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
8. Claims 21-30 are rejected under 35 U.S.C. 103(a) as being unpatentable over Larson (US 20050008830 A1) (hereinafter Larson) in view of Raz (US 20040128736
A1) (hereinafter Raz) and further in view of Swindells (US 20090031467 A1) (hereinafter Swindells).
Regarding claim 21, Larson discloses a wearable glove, the glove including a fabric body defining an interior volume of a wearer's hand (para 31, Various woven and nonwoven fabrics used for bodyside liner 42, para 57, graphic theme with photoluminescent graphic 64 include: non-photoluminescent graphics 62 racquet, glove (i.e., wearer's hand), sporting equipment or the like, Abstract, absorbent article includes outercover defining interior surface and exterior surface opposite interior surface); and
at least one active lighting device attached to an exterior of the fabric body along an outside facing surface of the glove (para 09, article including an outercover defining an interior surface, and an exterior surface opposite the interior surface. The absorbent article includes absorbent body disposed on interior surface, a plurality of non-photoluminescent graphics disposed on outercover, para 29, material is composed of a microporous polymer film or a nonwoven fabric that has been coated),
Larson fails to discloses the glove including a plurality of discrete passages for receiving respective fingers;
at least one active lighting device configured to be turned on and off by a user, at least one active lighting device being attached;
the at least one active lighting device being configured to illuminate an object other than the glove.
In analogous art, Raz discloses the glove including a plurality of discrete passages for receiving respective fingers (para 19, FIGS. 1 and 2, glove 10 having integrated light. The glove 10 has a back portion 12, a knuckle portion 14, fingers sections 15, a palm portion 16, a thumb portion 17 and a wrist portion 18, breathable material such as synthetic leather, such as commercially available Spandex.RT);
at least one active lighting device configured to be turned on and off by a user, at least one active lighting device being attached (para 27, FIG. 3 housing 22, switch push button 30 is actuated by the user to turn the illumination device 28 on and off, housing 22 to depress for turning the illumination device 28 on or off);
the at least one active lighting device being configured to illuminate an object other than the glove (Fig. 2, Abstract, glove configured to contain the illuminating device, para 11, An illumination device is housed within the first housing to illuminate an area in front of the user's extended fingers).
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 teaching of laminate comprising at least said semi-rigid polymeric material and a flexible material disclosed by Larson to use flexible light comprises a flexible arm having a light source provided as taught by Raz to use glove configured to contain the illuminating device and a switch that, when activated, activates electrical circuit, thereby to the illuminating device [Raz, Abstract].
Even though Larson and Raz disclose glove body along an outside facing surface of the glove, In analogous art, Swindells more specifically discloses fabric body along an outside facing surface of the glove (para 31, garment includes a receptacle comprises inner and outer walls and an opening, FIG. 3 is a cross-sectional view of the receptacle shown in FIG. 1., para 42, garment also includes a receptacle for holding a first aid kit, containing, for example, rubber gloves and a mask, para 54, fabric are laminated onto the material of the garment.).
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 teaching of laminate comprising at least said semi-rigid polymeric material and a flexible material disclosed by Larson to use flexible light comprises a flexible arm having a light source provided as taught by Swindells to use garment illumination means is preferably powered by a rechargeable power source which can conveniently be same power source as that used to power the lighting means [Swindells, paragraph 047].
Regarding claim 22, Larson discloses the glove of claim 21, wherein the glove includes at least one exterior outwardly facing region including polymeric material that includes a plurality of microprismatic reflective elements integrally bonded to the polymeric material (para 29, A suitable "breathable" material is composed of a microporous polymer film or a nonwoven fabric, para 34, pulp fluff can be exchanged with synthetic, polymeric, meltblown fibers or short cut homofil bicomponent synthetic fibers and natural fibers, para 47, hotoluminescent graphic is visible or otherwise glows in low light and/or dark conditions).
Regarding claim 23, Larson discloses the glove of claim 21, further including photoluminescent retroreflective material disposed on an exterior surface of the glove (para 07, absorbent article including an outercover defining an interior surface and an exterior surface opposite the interior surface, para 28, outercover 40 defines an exterior surface corresponding to the outer surface 30 of the training pant and an opposite interior surface, para 67, illumination of about 2080 lux (9.7 aperture reading) as determined by a flashmeter, such as is commercially available from Minolta as model designation Flashmeter IV, positioned approximately 5 cm above the center of the table top and facing directly up between lights, para 76, Photoluminescent graphics having such glow intensities are more readily visible to the wearer).
Regarding claim 24, Larson discloses the glove of claim 23, wherein the photoluminescent retroreflective material is charged by exposure to ultraviolet light (para 07, photoluminescent graphic area that is 10 square cm and has glow intensity of at least 0.5 lux at 60 seconds as determined by a glow Intensity, claim 1, photoluminescent graphic area that is at least 10 square cm and has a glow intensity of at least 0.5 lux at 60 seconds as determined by a glow Intensity Test set forth herein).
Regarding claim 25, Larson discloses the glove of claim 24, wherein the photoluminescent retroreflective material includes strontium aluminate (para 48, FIG. 2, 4-8, the photoluminescent graphic 64 may define a photoluminescent graphic outer perimeter 92 and a photoluminescent graphic interior 96, which is that area of the article 20 that is within the photoluminescent graphic).
Regarding claim 26, Larson discloses the glove of claim 21, wherein the at least one lighting device is housed in a water-resistant elongate encasement along its length (para 35, superabsorbent material is capable of absorbing at least about 10 times its weight in water, and suitably is capable of absorbing more than about 25 times its weight in water, para 56, objects are considered unrelated in subject matter where the images: illustrate items that are neither identical nor illustrate two objects that are commonly associated with one another, animal and a building block, a jump rope and a flower, a car and a star, a letter of alphabet and a water toy, a fish and apple).
Regarding claim 27, Larson discloses the glove of claim 26, wherein the water-resistant elongate encasement includes an elongate polymeric tubular member (para 35, superabsorbent material is capable of absorbing at least about 10 times its weight in water, and suitably is capable of absorbing more than about 25 times its weight in water, para 57, photoluminescent graphic 64 being boat, water toys or the like (FIG. 5), para 29, A suitable "breathable" material of microporous polymer film or nonwoven fabric that been coated or treated to impart a desired level of liquid impermeability).
Regarding claim 28, Larson discloses the glove of claim [[72]] 27, wherein the elongate polymeric tubular member includes photoluminescent material embedded therein (para 63, Flexographic printing is printing technique which uses flexible, raised rubber or photopolymer plates to carry inked image to a substrate, para 27, strands or ribbons of natural rubber, synthetic rubber, or thermoplastic elastomeric polymers).
Regarding claim 29, Larson discloses the glove of claim 21, wherein the at least one lighting device includes an electroluminescent lighting element (para 35, Suitable superabsorbent materials can be selected from natural, synthetic, and modified natural polymers and materials, para 63, Flexographic printing is a conventional printing technique which uses flexible, photopolymer plates to carry inked image to substrate).
Regarding claim 30, Larson fails to disclose the glove of claim 21, wherein the at least one lighting device includes at least one LED lighting element.
In analogous art, Raz discloses the glove of claim 21, wherein the at least one lighting device includes at least one LED lighting element (para 22, Illumination device 28 may be a light emitting diode (LED), an incandescent bulb, fluorescent bulb or another type of illuminating device such as a laser. Illumination device 28 may also be the end of a fiber optic cable).
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 teaching of laminate comprising at least said semi-rigid polymeric material and a flexible material disclosed by Larson to use flexible light comprises a flexible arm having a light source provided as taught by Raz to use garment illumination means is preferably powered by a rechargeable power source which can conveniently be the same power source as that used to power the lighting meansor garment illumination means is preferably also controlled by a switch located on the lighting means [Raz, para 22].
Response to Arguments
9. Applicant’s arguments with respect to claims 21-30 have been considered but are moot because the arguments do not apply to new combinations of references including new prior art being used in the current rejection. The new grounds of rejection are necessitated by amendment.
Double Patenting rejections not withdrawn.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRZA ALAM whose telephone number is (469) 295-9286. The examiner can normally be reached on 8:00AM-5:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRZA F ALAM/Primary Examiner, Art Unit 2688