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 .
Response to Amendment
The following Office Action is responsive to the amendments and remarks received on May 15, 2026.
Claim Objections
Claim 12 is objected to as being dependent from claim 10, which is cancelled. For purposes of examination, claim 12 will be treated as being dependent from claim 1.
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 1-9 and 11-21 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.
Claims 1 and 16 recite “wherein the adhesive layer and the base layer together define a central first portion, a second portion, and a third portion, the second portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion, the third portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion.” It appears that the second and third portion are recited as being in the same position – from the first end of the adhesive layer and the first end of the base layer to the central first portion. This differs from what is shown in the disclosure, where the second portion extends from a first end to the central portion, and the third portion extends from a second end to the central portion. This interpretation will be used for purposes of applying prior art. Appropriate correction is required.
Claims 2-9, 11-15, and 17-21 are rejected based on their dependency from the rejected independent claims.
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.
Claims 1-9, 11-18, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Bender (US 2022/0389296) in view of Jensen (US 2005/0205100).
With reference to claim 1, Bender teaches a wearable gaming grip, comprising ([0020] "Broadly, embodiments of the present invention are directed to adhesively applied, anti-slip pads that may be
placed and secured on the finger, thumb, and/or palm of a wearer for improving the gripping action between the wearer and another object gaming. The gripping action from the adhesive anti-slip pad aids in maintaining contact and grip between the wearer's finger, thumb, and/or palm with the controller, joystick, or keyboard and mouse, as well as preventing unintentional slipping of the finger, thumb, and/or palm."):
a base layer having a first engagement surface and a second engagement surface opposite to the first engagement surface; an adhesive layer operably engaged with the first engagement surface, the adhesive layer and the base layer each defining a first end and a transversely-opposite second end ([0033] "FIG. 1B illustrates an exemplary embodiment of a second side 106 of adhesive anti-slip pad 100. In some embodiments, second side 106 may be the bottom portion of textured material layer 102. Alternatively, second side 106 may be the bottom layer of an additional layer (not shown) applied to
textured material layer 102. For example, in some embodiments, it may be advantageous for adhesive anti-slip pad 100 to comprise multiple layers, such as for example, multiple textured material layers 102. As depicted in FIG. 1B, in some embodiments, second side 106 may comprise a second surface 114. In some embodiments, second surface 114 may be a receiving surface for an adhesive or other bonding material. For example, in some embodiments, adhesive 116 may be applied to second surface 114. In some embodiments, adhesive 116 may be applied as an adhesive layer, substantially covering the entirety of second surface 114.") and adapted to adhere to a user's digit ([0007] "and a second side having a second surface comprising an adhesive, wherein the disposable adhesive anti-slip pad is
configured to be placed on a thumb, a finger, or a palm of a wearer,"); and
a plurality of gripping members operably engaged with the second engagement surface ([0024] "As further illustrated in FIG. 1A, in some embodiments, first surface 108 may comprise a plurality of grip aids 110 [gripping members], for providing a gripping action between adhesive anti-slip pad 100 and another object. In some embodiments, grip aids 110 may be selectively applied to, and cover a pre-determined percentage of first surface 108.") and adapted to engage with one or more input components of a peripheral gaming device ([0029] "By way of non-limiting example, in some applications anti-slip adhesive pad 100 may be applied to the thumb of a wearer for use in video gaming. In such a scenario, it may be advantageous for the wearer to receive a tactile response from the controller, and accordingly, textured material layer 102 may comprise a thickness that allows the wearer to still feel the controller or thumbstick." See also [0038].),
wherein the second engagement surface of the central first portion carries the plurality of gripping members ([0024] "As further illustrated in FIG. 1A, in some embodiments, first surface 108 may comprise a plurality of grip aids 110 [gripping members].”)
Bender fails to teach wherein the adhesive layer and the base layer together define a central first portion, a second portion, and a third portion, the second portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion, the third portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion; wherein at least one of the second portion or the third portion is configured to adhere at least partially to the other of the second portion or the third portion when the wearable gaming grip is worn on the user’s digit.
Jensen teaches:
wherein the adhesive layer and the base layer together define a central first portion, a second portion, and a third portion, the second portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion, the third portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion (Figs. 6, 7, 13, and 14);
wherein at least one of the second portion or the third portion is configured to adhere at least partially to the other of the second portion or the third portion when the wearable gaming grip is worn on the user’s digit (Figs. 3, 5).
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 the anti-slip pad of Bender with the anti-slip thumb protector of Jensen by adding second and third portions extending from the first central portion, which overlap each other when worn, as taught by Jensen, since Bender and Jensen are analogous art, and in order to provide a larger contact area to reduce stress, soreness, and/or callous formation (Jensen, [0035]).
With reference to claim 2, Bender and Jensen teach the wearable gaming grip of claim 1, and Bender further teaches: a plurality of voids defined between the first engagement surface and the second engagement surface of the base layer; wherein a flow of air passes through the base layer at one or more voids of the plurality of voids ([0036] "FIGS. 1C-D depict cross-sectional views of an exemplary embodiment of adhesive anti-slip pad 100 that features an anti-slip texture. In some embodiments, adhesive anti-slip pad 100 may optionally or additionally comprise a degree of permeability or semi-permeability, allowing for at least some airflow to pass through adhesive anti-slip pad 100. In some
embodiments, the permeability or semi-permeability of adhesive anti-slip pad 100 may be achieved through gaps, spaces, or voids 118 selectively spaced throughout the dimension of adhesive anti-slip pad 100. In some embodiments, voids 118 may extend throughout the entire thickness of textured material layer 102, adhesive 116, or both.").
With reference to claim 3, Bender and Jensen teach the wearable gaming grip of claim 2, and Bender further teaches wherein each void of the plurality of voids is defined between two adjacent gripping members of the plurality of gripping members Fig. 1C #118 voids, #110 gripping members). With reference to claim 4, Bender and Jensen teach the wearable gaming grip of claim 2, and Bender further teaches wherein the plurality of voids are further defined between the first engagement surface and the second engagement surface of the adhesive layer (Figs. 1C and 1D).
With reference to claim 5, Bender and Jensen teach the wearable gaming grip of claim 2, and Bender further teaches: a first diameter defining each void of the plurality of voids; and a second diameter defining each gripping member of the plurality of gripping members; wherein the second diameter is greater than the first diameter (Figs. 1C and 1D show that the first diameter of each void (i.e. the space #118) and the second diameter each gripping member #110. The size or diameter of #110 is greater than the size or diameter of #118 as can be seem from these figures.).
With reference to claim 6, Bender and Jensen teach the wearable gaming grip of claim 1, and Bender further teaches: a first side; a second side transversely opposite to the first side; a first extension extending outwardly from the first side; and a second extension extending outwardly from second side opposite to the first extension; wherein the first extension covers a first portion of the user's digit; and wherein the second extension covers a second portion of the user's digit (Figs. 1A, 2 and 3).
With reference to claim 7, Bender and Jensen teach the wearable gaming grip of claim 6, and Jensen further teaches a first width defined by the first extension; and a second width defined by the second extension that is less than the first width (Figs. 6, 7, 13, and 14).
Combined under the same rationale as above.
With reference to claim 8, Bender and Jensen teach the wearable gaming grip of claim 6, and Jensen further teaches a first length defined by the first extension; and a second length defined by the second extension that is equal to the first length (Figs. 6, 7, 13, and 14).
Combined under the same rationale as above.
With reference to claim 9, Bender and Jensen teach the wearable gaming grip of claim 6, and Bender further teaches wherein the first extension defines a curvilinear two-dimensional shape (Figs. 1A, 2 and 3).
With reference to claim 11, Bender and Jensen teach the wearable gaming grip of claim 1, and Jensen further teaches wherein the central first portion is configured to engage with a first surface of the user's
digit; and wherein the second portion and the third portion are each configured to operably engage with a second surface of the user's digit that is behind the first surface (Figs. 2-5).
Combined under the same rationale as above.
With reference to claim 12, Bender and Jensen teach the wearable gaming grip of claim 1, and Jensen further teaches wherein the plurality of gripping members is engaged with the first portion and
free from engaging with the second portion and the third portion (Figs. 2-5 and [0010]-[0013]).
Combined under the same rationale as above.
With reference to claim 13, Bender and Jensen teach the wearable gaming grip of claim 1, and Bender further teaches wherein each gripping member of the plurality of gripping members defines a circular two-dimensional shape (Figs. 1A-C, [0028]).
With reference to claim 14, Bender and Jensen teach the wearable gaming grip of claim 1, and Bender further teaches wherein each gripping member of the plurality of gripping members defines an ovoidal two-dimensional shape (Figs. 1A-C, [0028]).
With reference to claim 15, Bender and Jensen teach the wearable gaming grip of claim 1, and Bender further teaches a protective sheet operably engaged with the adhesive layer to prevent adhesion with the adhesive layer ([0039] "FIG. 1D illustrates a cross-sectional view of an exemplary embodiment of adhesive anti-slip pad 100 comprising an optional release film 130. As depicted, in some embodiments, adhesive anti-slip pad 100 may further comprise release film 130, which may be applied to adhesive 116. In some embodiments, release film 130 may be removably attached to adhesive 116, and therefore, removably attached to adhesive anti-slip pad 100. Release film 130 may be used to protect adhesive 116 until adhesive anti-slip pad 100 is ready for placement and use.").
With reference to claim 16, Bender teaches a method of gripping a joystick of a peripheral gaming device ([0020] "By way of non-limiting example, in some embodiments, after placement of the
adhesive anti-slip pads on the finger, thumb, and/or palm of the wearer, a gripping action from the adhesive anti-slip pad may be applied to a video game controller, joystick, or keyboard and mouse for gaming. The gripping action from the adhesive anti- slip pad aids in maintaining contact and grip between the wearer's finger, thumb, and/or palm with the controller, joystick, or keyboard and mouse, as well as preventing unintentional slipping of the finger, thumb, and/or palm."), the method comprising steps of:
removing a protective sheet of a wearable gaming grip from an adhesive layer of the wearable gaming grip ([0041] "For example, in some embodiments, release film 130 may be removably attached to adhesive anti-slip pad 100 via adhesive 116 until just prior to attaching adhesive anti- slip pad 100 to a wearer's thumb, finger, or palm. Release film 130 may be removable by hand, and after removal of release film 130, adhesive anti-slip pad 100 may be secured to a wearer's thumb, finger, or palm.");
resting a plurality of gripping members and a base layer of the wearable gaming grip on the joystick of the peripheral gaming device, the adhesive layer and the base layer each defining a first end and a transversely-opposite second end ([0047]-[0049]);
adhering a user's digit on the adhesive layer of the wearable gaming grip; wrapping at least one portion of the adhesive layer of the wearable gaming grip about the user's digit ([0041]-[0044]);; and
gripping one or more input components of the peripheral gaming device with the one or more gripping members of the plurality of gripping members ([0047]- [0049]);
wherein the second engagement surface of the central first portion carries the plurality of gripping members (Figs. 1A, 2).
Bender fails to teach wherein the adhesive layer and the base layer together define a central first portion, a second portion, and a third portion, the second portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion, the third portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion; wherein at least one of the second portion or the third portion adheres at least partially to the other of the second portion or the third portion when the wearable gaming grip is worn on the user’s digit.
Jensen teaches:
wherein the adhesive layer and the base layer together define a central first portion, a second portion, and a third portion, the second portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion, the third portion extending from the first end of the adhesive layer and the first end of the base layer to the central first portion (Figs. 6, 7, 13, and 14);
wherein at least one of the second portion or the third portion adheres at least partially to the other of the second portion or the third portion when the wearable gaming grip is worn on the user’s digit (Figs. 3, 5).
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 the anti-slip pad of Bender with the anti-slip thumb protector of Jensen by adding second and third portions extending from the first central portion, which overlap each other when worn, as taught by Jensen, since Bender and Jensen are analogous art, and in order to provide a larger contact area to reduce stress, soreness, and/or callous formation (Jensen, [0035]).
With reference to claim 17, Bender and Jensen teach the method of claim 16, and Bender further teaches aligning the central first portion of the base layer with the joystick of the peripheral gaming device and a first surface of the user's digit ([0047]-[0049]);
wherein the plurality of gripping members is disposed on the central first portion of the base layer ([0024] "As further illustrated in FIG. 1A, in some embodiments, first surface 108 may comprise a plurality of grip aids 110 [gripping members], for providing a gripping action between adhesive anti-slip pad 100 and another object. In some embodiments, grip aids 110 may be selectively applied to, and cover a pre-determined percentage of first surface 108.").
With reference to claim 18, Bender and Jensen teach the method of claim 17, and Bender further teaches wherein the step of aligning the first portion of the base layer with the joystick further comprises: aligning a first extension of the base layer with a base of the user's digit; and aligning a second extension of the base layer with a tip of the user's digit (Figs. 1, 2 and 3, ([0047]-[0049]).
With reference to claim 20, Bender and Jensen teach the method of claim 16, and Bender further teaches defining a plurality of voids inside of the base layer and the adhesive layer; and passing air through the base layer and the adhesive layer via the plurality of voids ([0036] "FIGS. 1C-D depict cross-sectional views of an exemplary embodiment of adhesive anti-slip pad 100 that features an anti-slip texture. In some embodiments, adhesive anti-slip pad 100 may optionally or additionally comprise a degree of permeability or semi-permeability, allowing for at least some airflow to pass through adhesive anti-slip pad 100. In some embodiments, the permeability or semi-permeability of adhesive anti-slip pad 100 may be achieved through gaps, spaces, or voids 118 selectively spaced throughout the dimension of adhesive anti-slip pad 100. In some embodiments, voids 118 may extend throughout the entire thickness of textured material layer 102, adhesive 116, or both.").
With reference to claim 21, Bender and Jensen teach the wearable gaming grip of claim 1, and Jensen further teaches wherein the adhesive layer and the base layer of the central first portion each further define at least one extension (Figs. 6, 7).
Combined under the same rationale as above.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Bender in view of Jensen as applied to claim 17 above, and further in view of Samlaska (US 2013/0138055).
With reference to claim 19, Bender and Jensen teach the method of claim 17, and Jensen further teaches wherein the step of wrapping at least one portion of the adhesive layer of the wearable gaming grip about the user’s digit further comprising:
wrapping a second portion of the adhesive layer about the user’s digit; wrapping a third portion of the adhesive layer about the user’s digit and the second portion (Figs. 3, 5);
but fail to teach adhering the second portion of the adhesive layer to the user’s digit; and adhering the third portion of the adhesive layer to the user’s digit and the second portion.
Samlaska teaches adhering the second portion of the adhesive layer to the user’s digit; and adhering the third portion of the adhesive layer to the user’s digit and the second portion ([0035] and Figs. 1, 2B).
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 the anti-slip pad of Bender and Jensen with the known adhesive finger bandage of Samlaska, which overlaps the adhesive portions around the user’s finger and also adheres each portion to the user, as a means of achieving the most grip to the finger and the bandage, thus ensuring maximum success in retaining the adhesive wrap to the user.
Response to Arguments
Applicant's arguments filed May 15, 2026 have been fully considered but they are moot in view of the updated rejections above. The previous 112(b) rejection has been withdrawn. The 102 rejection in view of Bender has been withdrawn, so these arguments are moot. Applicant argues that Bender and Jensen fail to teach the claimed invention, but in view of the updated grounds of rejection above, this argument is not persuasive. Applicant further argues that Bender and Jensen fail to teach the limitations of claim 19, but in view of the newly cited reference to Samlaska, this argument is moot as well.
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 ILANA L SPAR whose telephone number is (571)270-7537. The examiner can normally be reached 8-4 M-F.
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/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622
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