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 the Claims
This is a First Non-Final office action on the merits for the application filed on 6/20/2024. A preliminary amendment was filed on 6/7/2024 amending claim 10. Therefore, claims 1-20 are pending and addressed below.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/20/2024 and 11/21/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claim 7 is 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 7 recites, “a second width defined by the second extension that is less than the second width.” It is unclear how “a second width” can be “less than the second width”. Therefore, claim 7 is indefinite. For purpose of examination, this limitation will be interpreted as ““a second width defined by the second extension that is less than the first width.” Examiner suggests amending as such.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9, 12-18, and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bender (US 2022/0389296).
Regarding claim 1, Bender teaches
1. (Original) 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 ([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].).
Regarding claim 2, Bender teaches
2. (Original) The wearable gaming grip of claim 1, further comprising: 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.").
Regarding claim 3, Bender teaches
3. (Original) The wearable gaming grip of claim 2, 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).
Regarding claim 4, Bender teaches
4. (Original) The wearable gaming grip of claim 2, 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).
Regarding claim 5, Bender teaches
5. (Original) The wearable gaming grip of claim 2, further comprising: 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.).
Regarding claim 6, Bender teaches
6. (Original) The wearable gaming grip of claim 1, further comprising: 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).
Regarding claim 9, Bender teaches
9. (Original) The wearable gaming grip of claim 6, wherein the first extension defines a curvilinear two-dimensional shape (Figs. 1A, 2 and 3).
Regarding claim 13, Bender teaches
13. (Original) The wearable gaming grip of claim 1, wherein each gripping member of the plurality of gripping members defines a circular two-dimensional shape (Figs. 1A-C, [0028]).
Regarding claim 14, Bender teaches
14. (Original) The wearable gaming grip of claim 1, wherein each gripping member of the plurality of gripping members defines an ovoidal two-dimensional shape (Figs. 1A-C, [0028]).
Regarding claim 15, Bender teaches
15. (Original) The wearable gaming grip of claim 1, further comprising: 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.").
Regarding claim 16, Bender teaches
16. (Original) 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 ([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]).
Regarding claim 17, Bender teaches
17. (Original) The method of claim 16, further comprising: aligning a 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 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.").
Regarding claim 18, Bender teaches
18. (Original) The method of claim 17, 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]).
Regarding claim 20, Bender teaches
20. (Original) The method of claim 16, further comprising: 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.").
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.
Claims 7, 8, 10-12, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bender (US 2022/0389296), in view of Jensen (US 2005/0205100).
Regarding claim 7, Bender does not specifically teach
further comprising: a first width defined by the first extension; and a second width defined by the second extension that is less than the second width.
However, Jensen teaches
further comprising: a first width defined by the first extension; and a second width defined by the second extension that is less than the second width (Figs. 6, 7, 13, and 14).
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 further comprising: a first width defined by the first extension; and a second width defined by the second extension that is less than the second width, 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]).
Regarding claim 8, Bender does not specifically teach
further comprising: a first length defined by the first extension; and
a second length defined by the second extension that is equal to the first length.
However, Jensen teaches
further comprising: 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).
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 further comprising: a first length defined by the first extension; and a second length defined by the second extension that is equal to the first length, 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]).
Regarding claim 10, Bender teaches
10. (Currently Amended) The wearable gaming grip of claim 6, further comprising: a first end (Fig. 1A).
Bender does not specifically teach
a second end longitudinally opposite to the first end;
a first portion defining the first extension and the second extension;
a second portion defined between the first end and the first portion; and
a third portion defined between the second end and the first portion and is longitudinally opposite to the first portion.
However, Jensen teaches
a second end longitudinally opposite to the first end; a first portion defining the first extension and the second extension; a second portion defined between the first end and the first portion; and a third portion defined between the second end and the first portion and is longitudinally opposite to the first portion (Figs. 6, 7, 13, and 14).
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 a second end longitudinally opposite to the first end; a first portion defining the first extension and the second extension; a second portion defined between the first end and the first portion; and a third portion defined between the second end and the first portion and is longitudinally opposite to the first portion, 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]).
Regarding claim 11, Bender does not specifically teach
wherein the 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.
However, Jensen teaches
wherein the 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).
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 wherein the 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, 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]).
Regarding claim 12, Bender does not specifically teach
wherein the plurality of gripping members is engaged with the first portion and free from engaging with the second portion and the third portion.
However, Jensen 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]).
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 wherein the plurality of gripping members is engaged with the first portion and free from engaging with the second portion and the third portion, 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]).
Regarding claim 19, Bender 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 ([0041]-[0044]). Bender does not specifically teach
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;
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 third portion.
However, Jensen teaches
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; 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 third portion ([0013]-[0014] and [0043]-[0044]).
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 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; 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 third portion, 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]).
Relevant Prior Art
Ramirez (US 10219555) provides reusable grip enhancing tubular members for the arm area, in particular sports sleeves for the arm and forearm, and reusable grip enhancing tubular members for the hand, in particular sports finger cots for the hand, and the uses thereof, and methods thereof, intended to increase the performance in arm and/or hand task activities.
Khoner (US 2009/0105625) discusses a toe and finger guard that includes a protective member bendable from an initial, generally planar shape to a curved shape when mounted on a digit to be protected
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIE P. BRADY whose telephone number is (571)272-4855. The examiner can normally be reached Tues-Thurs 8:00 - 2:00 ET.
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/MARIE P BRADY/Primary Examiner, Art Unit 3622