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 .
Status of Claims
Claims 1-20 are pending, claims 2, 9-11, 13-14, and 19 are withdrawn, and claims 1, 3-8, 12, and 15-18 are presented for examination.
Election/Restrictions
Applicant’s election without traverse of Species 1, FIGS 1-4, corresponding to claims 1-8 and 10-18 in the reply filed on 21 November 2025 is acknowledged.
After a review of the disclosure, Examiner finds that the following claims are not drawn to the elected embodiment and so are withdrawn by Examiner.
Claim 2, drawn to gap 30 which is a feature of the FIG 7 embodiment and not the elected embodiment.
Claim 10, drawn to a hand strap which is a feature of the FIGS 9-10 embodiment and not the elected embodiment.
Claim 11 is withdrawn for depending from withdrawn claim 9.
Claims 13-14 are drawn to a fastening strip 24 which is not a feature of this embodiment. A fastening strip is an alternative structure to the oval patch of the elected embodiment.
Claims 2, 9-11, 13-14, and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 21 November 2025.
The requirement is made final.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the coil (claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: amend “the worn glove” in line 7 to –the glove while being worn—for proper antecedent basis. Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “coupling element” in claims 1, 3-4, 6, 8, 12-16, and 18 and “fastening element” in claims 3-5 and 14-15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-8, 12, and 15-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rendered indefinite by the recitation “a total of at least three first deflection portions” because “total” appears to contradict “at least.” Based on the recitation “total,” one would expect the number of first deflection portions to be limited to exactly three. However, the open recitation “at least” suggests there could be more than three first deflection portions.
Claims 1, 6, 16-17 are indefinite because of the “first finger covering” without any other finger coverings.
Claim 1 is indefinite because of the “first deflection portions” without any other deflection portions being claimed.
Claims 4-5 and 15 are indefinite because it is not clear if the “first reinforcement strip” are included in or in addition to the “at least one reinforcement strip” of claim 1.
Furthermore, claims 4-5 and 15 are indefinite because of the “first reinforcement strip” without any other reinforcement strips being claimed.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 17 recites the broad recitation “1mm to 5mm”, and the claim also recites “2mm to 3mm” which is the narrower statement of the range/limitation. In the present instance, claim 17 recites the broad recitation “5mm and 20mm”, and the claim also recites “5mm and 10mm” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
The claims are examined as best understood.
Claims that depend from a rejected claim are also rejected.
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.
Claim(s) 1, 3-8, 12, 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goode (US 5312134 A) in view of Smith (US-5367712-A) and Gitt (US 1900395 A).
As to claim 1, Goode discloses a glove (glove 10 in FIGS 1-4) having a thumb covering and at least a first finger covering, said glove in a saddle region between the thumb covering and the first finger covering possessing a coupling element which is configured for releasably fastening the glove to a coupling device of a pole handle (40 is capable of and intended to releasably fasten the glove to a coupling device of a pole handle), but does not disclose the glove has a lacing system for selectively setting a width of the worn glove; wherein the lacing system is located on a glove upper side, wherein the lacing system has a tensioning element with a housing, a tensioning wheel and a coil received in said housing; wherein the lacing system furthermore has a tensioning lace which is guided through at least one first guide strap; wherein the tensioning lace, by rotation of said tensioning wheel in a tensioning direction, tensions the tensioning lace in a lace tensioning direction in a tensioning region and the width of the glove is thus decreased; wherein the tensioning lace by rotation of said tensioning wheel in a relaxing direction is relaxed or released in a lace relaxing direction counter to the lace tensioning direction and the width of the glove is thus increased; wherein the tensioning region on the glove upper side is located only to one side of the tensioning element; wherein the tensioning region includes a variable region which is located only to one side of the tensioning element facing said saddle region between the thumb covering and the first finger covering and which is spanned by the tensioning lace; wherein said tensioning lace is emanating from the tensioning element and spans the variable region by travelling in a direction toward the thumb covering and travelling back to the tensioning element; wherein the tensioning lace, between a first end which is fastened to the tensioning element, and a second end which is fastened to the tensioning element, in said at least one first guide strap has a total of at least three first deflection portions which are configured for receiving the tensioning lace, wherein each of the deflection portions is in each case guided through said at least one first guide strap and further guide straps, respectively, and wherein said first guide strap is located adjacent to the tensioning element, and said further guide straps are located opposite to said first guide strap, said tensioning lace travelling, from said tensioning element, to a first of said further guide straps, back to said first guide strap in the direction of said tensioning element, to a second of said further guide straps, and back to said tensioning element; and wherein the lacing system is coupled to the coupling element by way of at least one material band, in the form of at least one reinforcement strip and by way of said at least one first guide strap for guiding through said tensioning lace.
Smith teaches a similar glove (“glove,” title) including the glove has a lacing system for selectively setting a width of the worn glove (FIG 1B);
wherein the lacing system is located on a glove upper side (the claimed upper side corresponds to the Smith “backside”),
wherein the lacing system has a tensioning element with a housing (adjusting mechanism 3), a tensioning wheel (knob 3a) and a coil received in said housing (reel described in col 4 line 5-10);
wherein the lacing system furthermore has a tensioning lace which is guided through at least one first guide strap (the claimed tensioning lace corresponds to 7 in combination with 5, 6, and 6a in FIG 7a; which are guided through guides 14 of which there are three in FIG 7a; Smith discloses the guides are apertures and not straps; see modification below regarding straps);
wherein the tensioning lace, by rotation of said tensioning wheel in a tensioning direction, tensions the tensioning lace in a lace tensioning direction in a tensioning region and the width of the glove is thus decreased (capable of tensioning the lace and intended to tension the lace, see col 3 line 60 – col 4 line 25);
wherein the tensioning lace by rotation of said tensioning wheel in a relaxing direction is relaxed or released in a lace relaxing direction counter to the lace tensioning direction and the width of the glove is thus increased (capable of relacing the lace and intended to relax the lace, see col 3 line 60 – col 4 line 25);
wherein the tensioning region on the glove upper side is located only to one side of the tensioning element (a lower side of the tensioning element, which is the side of the tensioning element between the tensioning element and the glove);
wherein the tensioning region includes a variable region which is located only to one side of the tensioning element facing said saddle region between the thumb covering and the first finger covering and which is spanned by the tensioning lace (12 in FIGS 7a-7b);
wherein said tensioning lace is emanating from the tensioning element and spans the variable region by travelling in a direction toward the thumb covering and travelling back to the tensioning element (FIGS 7a-7b);
wherein the tensioning lace, between a first end which is fastened to the tensioning element (see annotated FIG 7a below), and a second end which is fastened to the tensioning element (see annotated FIG 7a below), in said at least one first guide strap has a total of at least three first deflection portions which are configured for receiving the tensioning lace (see annotated FIG below),
wherein each of the deflection portions is in each case guided through said at least one first guide strap and further guide straps, respectively (the three apertures 14 function as guides, see modification below regarding the guides being straps), and
wherein said first guide strap is located adjacent to the tensioning element (14 from which 5 extends; all of the guide straps are adjacent to the tensioning element), and
said further guide straps are located opposite to said first guide strap (apertures 14 from which 4 and 4a extend),
said tensioning lace travelling, from said tensioning element, to a first of said further guide straps, back to said first guide strap in the direction of said tensioning element, to a second of said further guide straps, and back to said tensioning element (FIG 7a).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the glove of Goode with the lacing system taught by Smith, for the purpose of enhancing the fit of the glove on the wearer’s hand (Smith abstract).
Goode as modified by Smith does not disclose the guides are straps. Smith uses apertures 14 to guide the lace.
Gitt teaches a similar glove (FIGS 1-2) including using guide straps 6 and 8 to guide lace 7 The guide straps 6 and 8 have an aperture through which the lace extends.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a guide lace instead of an aperture for the purpose of providing a known means of guiding the lace.
The combination of Goode, Smith, and Gitt obviously results in the lacing system is coupled to the coupling element by way of at least one material band (one of Goode 28, 32, and/ or 34, all of the component parts are coupled together on a single glove), in the form of at least one reinforcement strip (Goode 28) and by way of said at least one first guide strap for guiding through said tensioning lace (Goode in view of Smith and Gitt discloses modifying Smith 4 to be a first guide strap as taught by Gitt 6 and 8).
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As to claim 3, Goode as modified discloses the glove as claimed in claim 1, wherein the coupling element is fastened to the glove by way of at least one fastening element (Goode 32, and/ or 34).
As to claim 4, Goode as modified discloses the glove as claimed in claim 3, wherein said at least one first guide strap is fastened or molded to a first reinforcement strip (this is the result of the combination presented in the rejection of claim 1 above, where Smith in view of Gitt’s first guide strap is fastened to Goode’s glove which includes Goode’s reinforcement strip as set forth in the rejection of claim 3 above), wherein the first reinforcement strip is fastened or molded to the at least one fastening element for the coupling element (when Goode 32 or 34 is the fastening element for the coupling element 40, then reinforcement strip 28 is fastened to 32/34 as disclosed in Goode col 4 line 50-55).
As to claim 5, Goode as modified discloses the glove as claimed in claim 4, wherein the first reinforcement strip at least in part overlaps with the at least one fastening element (Goode 28 overlaps with 32/34 as shown in Goode FIGS 1-4) and/or with a material portion which forms the at least one first guide strap.
As to claim 6, Goode as modified discloses the glove as claimed in claim 1, wherein the coupling element is configured as a movable strap (40 is “not absolutely rigid with respect to the glove,” col 5 line 1-5), and wherein the movable strap is fastened so as to be substantially immovable on the glove (col 5 line 1-5 discloses it is “held tightly” and line 5-10 discloses 38 is intended to prevent sideways shifting), wherein the movable strap is however configured so as to be inherently flexible and movable (all material has at least some degree of flexibility and movability), wherein the movable strap has a sufficient inherent stiffness such that said movable strap is stabilized in a position in the space between the thumb covering and the first finger covering such that the projecting part of the movable strap on the glove is disposed substantially in a plane which in the case of an opened and extended hand of the user is defined by the thumb and the index finger of said user (capable of being stabilized, due to the material disclosed in col 5 line 20-30 and/ or how 40 is attached to the glove as disclosed in col 5 line 1-20).
As to claim 7, Goode as modified discloses the glove as claimed in claim 6, wherein the movable strap in the resting position is configured so as to be substantially semi-circular or semi-oval (FIGS 1-4 show 40 is “substantially… semi-oval”), and/or wherein the movable strap is a strap from a braided plastics material, and/or wherein the movable strap has a thickness of 1 mm to 5 mm (col 5 line 25 discloses a diameter of 0.09 inches which is equivalent to 2.3 mm).
As to claim 8, Goode as modified discloses the glove as claimed in claim 1, wherein the coupling element is configured as a latching tongue which is fastenable in a corresponding recess in a pole handle (according to Applicant’s disclosure, “latching tongue” is not a structure but a function; Goode’s coupling element is structurally identical to the claimed coupling element and is therefore expected to be usable as a “latching tongue”).
As to claim 12, Goode as modified discloses the glove as claimed in claim 1, wherein the variable region has a width which can be variably set by tensioning and relaxing the tensioning lace, wherein the spacing between the tensioning element and the coupling element can be variably set (Smith col 6 line 1-15).
As to claim 15, Goode as modified discloses the glove as claimed in claim 3, wherein said at least one first guide strap is fastened or molded to a first reinforcement strip (this is the result of the modification presented in the rejection of claim 1 above, where all of the component parts are fastened together to form a single glove, Goode 28 is the first reinforcement strip), wherein the first reinforcement strip is fastened or molded to the at least one fastening element for the coupling element (28 is fastened to 32/34), but does not disclose the first reinforcement strip is sewn to the at least one first guide strap.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to sew the first reinforcement strip to the first guide strap, in order to provide a secure attachment.
As to claim 16, Goode as modified discloses the glove as claimed in claim 1, wherein the coupling element is a movable strap (FIGS 1-4) in a form of a cable or a hoop (FIGS 1-4 show 40 is a hoop) or a flexible plastics material lace, and the movable strap is fastened so as to be substantially immovable on the glove (col 5 line 1-15), wherein the movable strap is however configured so as to be inherently flexible and movable (capable of flexing and moving, as all material has at least some degree of flexibility, and col 5 line 1-30 discloses 40 is capable of moving with respect to the glove and the material of 40 is capable of moving), wherein the movable strap has a sufficient inherent stiffness such that said movable strap is stabilized in a position in the space between the thumb covering and the first finger covering such that the projecting part of the movable strap on the glove is disposed substantially in a plane which in the case of an opened and extended hand of the user is defined by the thumb and the index finger of said user (col 5 line 1-30).
As to claim 17, Goode as modified discloses the glove as claimed in claim 6, wherein the movable strap in the resting position is configured so as to be substantially semi-circular or semi-oval (FIGS 1-4 show 40 is “substantially… semi-oval”), and/or wherein the movable strap is a strap from a braided plastics material, based on polyethylene, polyamide, polypropylene, aramid, or a combination of said materials, and/or wherein the movable strap has a thickness of 1 mm to 5 mm, or of 2 mm to 3 mm, wherein the movable strap projects by between 5mm and 20 mm, or between 5 mm and 10 mm, beyond a saddle region of the glove between the first finger covering and the thumb covering.
As to claim 18, Goode as modified discloses the glove as claimed in claim 1, wherein the coupling element is configured as a latching tongue which is fastenable, in a self-latching manner, in a corresponding recess in a pole handle (according to Applicant’s disclosure, “latching tongue” is not a structure but a function; Goode’s coupling element is structurally identical to the claimed coupling element and is therefore expected to be usable as a “latching tongue”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732