DETAILED ACTION
This office action is in response to the amendment filed October 14, 2025 in which claims 1-2, 5-14, and 16-20 are presented for examination and claims 3-4 and 15 are canceled.
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 .
Examiner’s Comment
In an interview conducted between Examiner Hall and Attorney Beczkiewicz December 10, 2025 (see included form PTOL-413/413b “Examiner-Initiated Interview Summary”), Examiner Hall proposed an examiner’s amendment to place the application in condition for allowance. It was proposed that claim 1 be amended to incorporate the subject matter and claim 2, claim 18 be amended to incorporate the subject matter of claim 20, and claims 11-14 and 16-17 be canceled. Attorney Beczkiewicz indicated that he would present the proposal to the Inventor. As of January 10, 2026, Attorney Beczkiewicz has not indicated to Examiner Hall either acceptance or rejection of the proposed examiner’s amendment. Following additional search and consideration, none of claims 1-2, 5-14, and 16-20 are currently in condition for allowance.
Response to Arguments
Applicant’s First Argument: Objection to claims 1 and 18 for informalities should be withdrawn at least in view of current amendments to the claims.
Examiner’s Response: Agreed. The objection is withdrawn.
Applicant’s Second Argument: Rejection of the claims 1 and 11 under 35 USC 102 and/or 35 USC 103 over cited reference(s) should be withdrawn at least in view of current amendments to the claims.
Examiner’s Response: In view of Applicant’s amendment, the search has been updated and new prior art has been identified and applied. Applicant’s arguments, which appear to be drawn only to the newly amended limitations and previously presented rejections, have been considered but are moot in view of the new grounds of rejection.
Applicant’s Third Argument: Rejection of claim 18 under 35 USC 102 over US Pub No. 2007/0129776 Robins et al. should be withdrawn at least because Robins does not teach, suggest, or disclose a garment including a plurality of digit portions configured to receive a user's digits. Furthermore, Robins does not disclose that at least two of the digit portions are open.
Examiner’s Response: Examiner respectfully disagrees. As depicted in annotated Figure 16 (see below), Robins discloses at least two areas which can properly be considered a “digit portion,” with each of these areas being open to accept respective fingers of a wearer. It is respectfully noted that the term “portion” is very broad and merely means “a part of a whole” (see https://www.lexico.com/en/definition/portion). It is further respectfully noted that claim 18 merely recites that the plurality of digit portions are configured to “receive” the user’s digits and not, for example, to at least partially enclose a digit of the hand of the user, as recited in currently amended claim 1. As such, Examiner respectfully maintains that Robins properly anticipates each and every limitation as recited in currently amended claim 18, including “a plurality of digit portions configured to receive a user's digits, at least two of the digit portions being open.” However, in the interest of promoting compact prosecution, the rejection is updated to be a rejection under 35 USC 103 over Robins in view of USPN 9,204,675 Mack (see below).
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Applicant’s Fourth Argument: Rejection of claim 20 under 35 USC 103 over cited references should be withdrawn for cited reasons.
Examiner’s Response: In view of Applicant’s amendment, the search has been updated and new prior art has been identified and applied. Applicant’s arguments, which appear to be drawn only to the newly amended limitations and previously presented rejections, have been considered but are moot in view of the new grounds of rejection.
Claim Objections
Claim 9 is objected to because of the following informalities: Claim 9 recites the limitation “wherein the LED is one of a plurality of LEDs coupled to the body and directed toward a blood vessel in the wrist of the user.” However, to avoid possible rejection under 35 USC 101 for impermissibly reciting human anatomy, it is respectfully suggested that claim 9 be amended to include language such as “configured to be,” “adapted to be,” or “when worn.” For example, “wherein the LED is one of a plurality of LEDs coupled to the body and configured to be directed toward a blood vessel in the wrist of the user.”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 11 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 9,913,500 Matthews.
To claim 11, Matthews discloses a garment (10) (see Figures 1-6; col. 2, line 50 – col. 3, line 41) comprising:
a body including a wrist portion (40) configured to be disposed about a user's wrist (see Figures 1-5; col. 2, line 56 – col. 3, line 3), a palm portion (22) configured to be disposed about a user's palm (see Figures 1, 3, and 5; col. 2, line 56 – col. 3, line 3), and a plurality of digit portions (30) (see Figures 1-5; col. 2, line 56 – col. 3, line 3), each digit portion configured to receive a user's digit (see Figures 1-5; col. 2, line 56 – col. 3, line 3), at least one of the digit portions being open (see Figures 1-5; col. 2, line 56 – col. 3, line 3); and
a heating element (62) disposed on the wrist portion and configured to be directed toward a blood vessel of the user (see Figures 1 and 3; col. 3, lines 12-41).
To the limitation that the heating element is configured to be directed toward a blood vessel in a wrist of a user, it is respectfully noted that the garment will fit differently sized wrists/hands in different manners and an intended relative position of the garment to the wearer’s wrist/hand anatomy is functional and not patentably significant.
To claim 16, Matthews further discloses a garment wherein at least two of the plurality of digit portions are open (see Figures 1-5; col. 2, line 56 – col. 3, line 3).
To claim 17, Matthews further discloses a garment further comprising a power source (88) electrically coupled to the heating element for providing power to the heating element (see Figure 6; col. 3, lines 29-41).
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.
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 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Matthews (as applied to claim 11, above) in view of USPN 12,022,895 Page.
To claim 12, Matthews discloses a garment as recited in claim 11, above.
Matthews does not expressly disclose a garment wherein the heating element includes an LED.
However, Page teaches a garment (100) (see Figures 1-6; col. 4, line 9 – col. 8, line 24) comprising a heating element including an LED (142) (see especially Figure 1; col. 5, line 30 – col. 6, line 14).
Matthews and Page teach analogous inventions in the field of gloves. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the glove of Matthews to include an LED as taught by Page because Page teaches that this configuration is known in the art and generates illumination when the heating element is powered to indicate an on-state of the heating element.
To claim 13, the modified invention of Matthews (i.e., Matthews in view of Page, as detailed above) further teaches a garment wherein the LED is one of a plurality of LEDs (col. 5, line 30 – col. 6, line 14 of Page; obvious duplication of parts).
To claim 14, the modified invention of Matthews (i.e., Matthews in view of Page, as detailed above) further teaches a garment wherein the LED emits electromagnetic radiation in an infrared spectrum (col. 5, line 30 – col. 6, line 14 of Page; functional).
Claims 1-2, 5-10, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2007/0129776 Robins et al. in view of USPN 9,204,675 Mack.
To claim 1, Robins discloses a garment (see Figures 14-20 and 27; paras. 0082, 0159, 0164-0171, and 0175-0176) comprising:
a body (406/467) configured to at least partially enclose a hand (416) of a user (see for example Figures 14-15 and 27; paras. 0164-0171, 0175), the body including a palm portion and a plurality of digit portions coupled to and extending from the palm portion (see Figure 27; para. 0175), each of the plurality of digit portions configured to at least partially enclose a digit of the hand of the user (see Figure 27; para. 0175), and one of the plurality of digit portions is open (see Figure 27; para. 0175; inasmuch as currently claimed, each of the digit portions of the plurality of digit portions depicted in Figure 27 of Robins is considered to be “open” at least because each of digit portions is configured to accept a finger of a wearer; it is respectfully noted that claim 1 does not recite, for example, that at least one of the plurality of digit portions is open to allow at least a portion of a user’s respective digit to extend through the digit portion and into an environment exterior to the garment, when worn);
an LED (402/450) (paras. 0126-0127) coupled to the body and configured to be directed toward a blood vessel in a wrist (412) of the user to heat the hand of the user (see especially Figures 15-16, 19, and 27; paras. 0076, 0126-0127, and 0200; LED 402/450 would produce at least some degree of heat when activated); and
a power source (114/460) coupled to the body and electrically coupled to the LED for providing power to the LED (see Figures 14 and 27; paras. 0105-0108, 0126-0127, and 0175).
It is respectfully noted that the limitation “configured to be directed toward a blood vessel in a wrist of the user to heat the hand of the user,” is functional and does not positively recite a structural limitation but instead requires an ability to so perform and/or function. As Robins discloses the structure of the garment as claimed, there would be a reasonable expectation for the garment of Robins to perform such function.
To the limitation that the LED is configured to be directed toward a blood vessel in a wrist of a user, it is respectfully noted that the garment will fit differently sized wrists/hands in different manners and an intended relative position of the garment to the wearer’s wrist/hand anatomy is functional and not patentably significant.
As detailed above, it is respectfully asserted that Robins properly anticipates each and every limitation as recited in currently amended claim 1 including that “one of the plurality of digit portions is open.” However, in the interest of promoting compact prosecution, to the extent that Robins does not properly disclose a garment wherein “one of the plurality of digit portions is open,” to which Examiner does not concede, Mack teaches a garment (11) (see Figures 1-4 and 6-6A; col. 2, lines 60-61; col. 3, line 28 – col. 4, line 19; col. 4, line 39 – col. 7, line 20) comprising a body configured to at least partially enclose a hand of a user (see Figures 1-4 and 6-6A), the body including a palm portion (see especially Figure 3) and a plurality of digit portions coupled to and extending from the palm portion (see Figures 1-4 and 6-6A), each of the plurality of digit portions configured to at least partially enclose a digit of the hand of the user (see Figures 1-4 and 6-6A), and one of the plurality of digit portions is open to allow at least a portion of a user’s respective digit to extend through the digit portion and into an environment exterior to the garment, when worn (see especially Figures 2 and 4; col. 2, lines 60-61).
Robins and Mack teach analogous inventions in the field of gloves. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the glove of Robins to include at least one open digit portion to allow at least a portion of a user’s respective digit to extend through the digit portion and into an environment exterior to the garment, when worn, as taught by Mack because Mack teaches that this configuration is known in the art and allows a user to access the middle, index, and thumb fingers of both hands while still providing full hand protection (col. 1, lines 35-37).
To claim 2, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment wherein the body further includes a wrist portion coupled to the palm portion (see Figures 14-16, 19-20, and 27 of Robins), and wherein the LED is disposed on the wrist portion (see especially Figures 15-16, 19, and 27 and paras. 0164-0171 and 0175-0176 of Robins).
To claim 5, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment wherein the garment defines a medial plane having a radial side and an ulnar side, and wherein the LED is disposed on the radial side (see especially Figure 16 and paras. 0164-0169 of Robins; at least portions of the LED are disposed on the radial side).
To claim 6, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment further comprising an actuator disposed on the body and electrically coupled to the LED, wherein the actuator is configured to change the LED between an on state and an off state (see Figures 14 and 27 and paras. 0105-0108, 0126-0127, and 0175 of Robins; button on power source 114/460).
To claim 7, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment wherein the LED is operable in a plurality of heat setting levels in the on state (paras. 0098, 0100, 0108, and 0128 of Robins).
To claim 8, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment wherein the LED is configured to emit electromagnetic radiation in an infrared spectrum (paras. 0126-0127 and 0201 of Robins).
To claim 9, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment wherein the LED is one of a plurality of LEDs coupled to the body and configured to be directed toward a blood vessel in the wrist of the user (see especially Figures 15-16, 19, and 27 and paras. 0076, 0126-0127 of Robins).
To claim 10, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment wherein the body includes a battery-receiving receptacle configured to receive the power source (paras. 0012, 0108, and 0216 of Robins).
To claim 18, Robins discloses a garment (see Figures 14-20 and 27; paras. 0082, 0159, 0164-0171, and 0175-0176) comprising:
a body (406/467) including a wrist portion configured to be disposed about a user’s wrist (412) (see Figures 14-16, 19-20, and 27), a palm portion configured to be disposed about a user’s palm (see Figures 14-16, 19-20, and 27), and a plurality of digit portions configured to receive a user’s digits (see Figures 14-15 and annotated Figure 16, see below; paras. 0164-0171), at least two of the digit portions being open (see Figures 14-15 and annotated Figure 16; paras. 0164-0171; as depicted in Figures 14-16, the two digit portions are the portion configured to accept the thumb of the wearer and the portion configured to accept the four fingers of the wearer, each of these two digit portions being open; it is respectfully noted that the claim merely recites that the digit portions are configured to “receive” the user’s digits; it is further respectfully noted that the term “portion” is very broad and merely means “a part of a whole;” see https://www.lexico.com/en/definition/portion); and
an LED (402/450) (paras. 0126-0127) disposed on the wrist portion and configured to be directed toward a blood vessel in the user’s wrist (see especially Figures 15-16, 19, and 27; paras. 0076, 0126-0127, and 0200; LED 402/450 would produce at least some degree of heat when activated), the LED configured to emit electromagnetic radiation in an infrared spectrum to heat a user’s hand (paras. 0126-0127 and 0200-0201).
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It is respectfully noted that the limitation “to emit electromagnetic radiation in an infrared spectrum to heat a user’s hand,” is functional and does not positively recite a structural limitation but instead requires an ability to so perform and/or function. As Robins discloses the structure of the garment as claimed, there would be a reasonable expectation for the garment of Robins to perform such function.
To the limitation that the LED is configured to be directed toward a blood vessel in a wrist of a user, it is respectfully noted that the garment will fit differently sized wrists/hands in different manners and an intended relative position of the garment to the wearer’s wrist/hand anatomy is functional and not patentably significant.
As detailed above, it is respectfully asserted that Robins properly anticipates each and every limitation as recited in currently amended claim 18 including “a plurality of digit portions configured to receive a user's digits, at least two of the digit portions being open.” However, in the interest of promoting compact prosecution, to the extent that Robins does not properly disclose a garment comprising “a plurality of digit portions configured to receive a user's digits, at least two of the digit portions being open,” to which Examiner does not concede, Mack teaches a garment (11) (see Figures 1-4 and 6-6A; col. 2, lines 60-61; col. 3, line 28 – col. 4, line 19; col. 4, line 39 – col. 7, line 20) comprising a wrist portion configured to be disposed about a user’s wrist (see Figures 1-4 and 6-6A), and a plurality of digit portions configured to receive a user's digits, at least two of the digit portions being open (see especially Figures 2 and 4; col. 2, lines 60-61).
Robins and Mack teach analogous inventions in the field of gloves. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the glove of Robins to include at least one two open digit portions to allow at least a portion of a user’s respective digit to extend through the digit portion and into an environment exterior to the garment, when worn, as taught by Mack because Mack teaches that this configuration is known in the art and allows a user to access the middle, index, and thumb fingers of both hands while still providing full hand protection (col. 1, lines 35-37).
To claim 19, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment further comprising a power source (114/460 of Robins) electrically coupled to the LED for providing power to the LED (see Figures 14 and 27 and paras. 0105-0108, 0126-0127, and 0175 of Robins).
To claim 20, the modified invention of Robins (i.e., Robins, in view of Mack, as detailed above) further teaches a garment wherein the plurality of digit portions includes a first digit portion corresponding to a user's thumb, a second digit portion corresponding to a user's pointer finger, a third digit portion corresponding to a user's middle finger, a fourth digit portion corresponding to a user's ring finger, and fifth digit portion corresponding to a user's pinky finger, wherein the first, second, and third digit portions are open, and wherein the fourth and fifth digit portions are closed (see especially Figures 2 and 4 of Mack).
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 GRIFFIN HALL whose telephone number is (571)270-0546. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F Griffin Hall/Primary Examiner, Art Unit 3732