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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, claims 11-23, the method of making a glove, and Species F, as shown in FIGS 12-14, in the reply filed on 09 March 2026 is acknowledged.
Applicant elects Species F as shown in FIGS 12-14 and indicates claims 11-23 encompass Species F. However, after a review of the disclosure, the following claims are found to be drawn to nonelected inventions and are withdrawn by Examiner.
Claim 11 is drawn to a geometric arrangement which is a features disclosed in FIGS 2-5 and 10-11, but not FIGS 12-14. See paras. 0038 and 0050. At least claims 14-18 further diverge from FIGS 12-14, for depending from claim 11 and also for the reasons set forth below.
Claim 14 is drawn to a plurality of triangular-shaped apertures which is a feature of FIGS 6-8 and is disclosed in para. 0044, but is not a feature of FIGS 12-14.
Claim 15 is drawn to a plurality of layers and although para. 0057 discloses the glove “may” include layers, no layers are shown in the FIG 12-14 embodiment and so this is not a feature of FIGS 12-14.
Claim 16 is drawn to a combination glove (claim 11) and glove shell (claim 16). FIGS 12-14 show only a glove and there is no shell in any of the figures, so claim 16 is not drawn to any of the disclosed embodiments.
Claim 17 is drawn to a liner which is a feature of FIG 1 and not FIGS 12-14.
Claim 22 is drawn to a combination glove (claim 19) and glove shell (claim 22). FIGS 12-14 show only a glove and there is no shell in any of the figures, so claim 22 is not drawn to any of the disclosed embodiments.
Claim 23 is drawn to a plurality of triangular-shaped apertures which is a feature of FIGS 6-8 and is disclosed in para. 0044, but is not a feature of FIGS 12-14.
Claims 11-18 and 22-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention or Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09 March 2026.
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, first polymer lattice portion (claim 19), second polymer lattice portions (claim 19), third polymer lattice portion (claims 20, 21) 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 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.
Claim(s) 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Whittle (US 20180369060 A1).
As to claim 19, Whittle discloses a method of making a baseball or softball glove (massage mitts, title, capable of being used in baseball or softball, the term “baseball or softball” does not lend any inherent structure to the glove, and the massage mitt disclosed by Whittle has all of the claimed structure of the baseball or softball glove), the method comprising:
forming a glove back with a first polymer lattice portion (FIG 2 shows a glove back with a polymer lattice portion to the degree shown in Applicant’s figures which do not show the first lattice portion; Examiner notes that the term "lattice" is very broad and merely means " a regular geometrical arrangement of points or objects over an area or in space". (Defn. No. 2 of "Merriam-Webster" entry via merriam-webster.com); paras. 0043-0044 disclose polymer), wherein forming the glove back comprises 3-D printing the first polymer lattice portion (para. 0045); and forming a plurality of finger stalls with second polymer lattice portions (20 and 30 in FIGS 1-2, FIGS 1-2 show a plurality of finger stalls with a polymer lattice portion to the degree shown in Applicant’s figures which do not show the second lattice portion; Examiner notes that the term "lattice" is very broad and merely means " a regular geometrical arrangement of points or objects over an area or in space". (Defn. No. 2 of "Merriam-Webster" entry via merriam-webster.com); paras. 0043-0044 disclose polymer), wherein forming the plurality of finger stalls comprises 3-D printing the second polymer lattice portions (para. 0045).
As to claim 20, Whittle discloses the method of claim 19, further comprising forming a palm region opposite the glove back (FIG 1), wherein forming the palm region comprises 3-D printing a third polymer lattice portion (para. 0045; FIG 1 shows a palm region with a polymer lattice portion to the degree shown in Applicant’s figures which do not show the third lattice portion; Examiner notes that the term "lattice" is very broad and merely means " a regular geometrical arrangement of points or objects over an area or in space". (Defn. No. 2 of "Merriam-Webster" entry via merriam-webster.com); paras. 0043-0044 disclose polymer).
As to claim 21, Whittle discloses the method of claim 19, further comprising forming a wrist strap of the glove (44), wherein forming the wrist strap of the glove comprise forming a third polymer lattice portion with 3-D printing (FIGS 1-2 show a wrist strap with a polymer lattice portion to the degree shown in Applicant’s figures which do not show the third lattice portion; Examiner notes that the term "lattice" is very broad and merely means " a regular geometrical arrangement of points or objects over an area or in space". (Defn. No. 2 of "Merriam-Webster" entry via merriam-webster.com); paras. 0043-0044 disclose polymer).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732
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