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
This Office Action is in response to claims 1-20, filed 12 August 2024, which are pending in this application.
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 following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 3: “base point between two finger portions on the dorsum of hand surface and the palm of hand surface” is not clearly shown.
Claim 13: “the first textile blank and the second textile blank are connected by at least one connecting seam” is not clearly shown.
Claim 15: “at least one connecting seam runs between two finger sleeves of the plurality of finger sleeves on an inside of the palm of hand surface” is not clearly shown.
Claims 16: “the first textile blank and the second textile blank between two finger portions have a proximal intermediate region in which the first textile blank and the second textile blank are connected to one another at a base point” is not clearly shown.
The drawings are objected to under 37 CFR 1.121(d).
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
The drawings are objected to because structures or features are shown in the figures which are not labeled.
Figure 2 shows what appears to be stitched areas on both textile blank 10 and 20, but these areas are not labeled. It is unclear if these areas are open to the hand or closed to the hand, or if these features are necessary for the invention.
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(s) 1-2 is/are objected to because of the following informalities:
Claim 1, line 14, should recite, “the first textile blank and the”.
Claim 2, lines 5-6, should recite, “the second textile blank[[e]] are”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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(s) 1 and 7 (and claims 2-6 and 8-20 at least for depending from a rejected claim) is/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.
Independent Claim(s) 1 & 7 is/are indefinite as it/they recite(s) “wherein at least the finger portions of the first textile blank and the finger portions of the second textile blank are of an elastic design”. It is unclear what it means to be “of an elastic design”. It is unclear if the blanks are designed to be made of elastic materials or if the blanks are knit to be elastic in function. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein at least the finger portions of the first textile blank and the finger portions of the second textile blank are of an elastic design” where “elastic design” means the blanks are elastic in function (such as being knit or made of sections that cause an elastic deformation when the glove is in use).
Independent Claim(s) 1 & 7 is/are indefinite as it/they recite(s) “arranging the first textile blank and the second textile blank such that correspondingly designed finger portions of the first textile bland and the finger portions of the second textile blank are assigned to one another”. It is unclear what structure “one another” is. It is unclear if the finger portions of the first textile blank are assigned to the finger portions of the second textile blank, or if the finger portions of the first textile blank are assigned to the finger portions of the first textile blank and the same for the second textile blank. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “arranging the first textile blank and the second textile blank such that the finger portions of the first textile blank are aligned with the corresponding
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.
Claim(s) 1-4, 6-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jaeger US 20040250335.
Regarding Independent Claim 1, Jaeger discloses a method for producing a prosthetic glove (Abstract, ¶0025; Figs. 1-4 #10), comprising: providing a first textile blank (Figs. 1-4 #22) comprising a dorsum of hand surface (Figs. 1-4; ¶0025) and finger portions that extend away from the dorsum of hand surface (Figs. 1-4 #14a-d/12 of #22), providing a second textile blank (Figs. 1-4 #20) comprising a palm of hand surface (Figs. 1-4; ¶0025) and finger portions that extend away from the palm of hand surface (Figs. 1-4 #14a-d/12 of #20), wherein at least the finger portions of the first textile blank and the finger portions of the second textile blank are of an elastic design or comprise elastic regions (¶0005, 0025-0026); arranging the first textile blank and the second textile blank such that correspondingly designed finger portions of the first textile bland and the finger portions of the second textile blank are assigned to one another (Figs. 1-4; ¶0025-0026); connecting the first textile blank and the second textile blank directly to one another along a longitudinal extent at a peripheral region of the finger portions of the first textile blank and a longitudinal extent at a peripheral region of the finger portions of the second textile blank to form finger sleeves (Figs. 1-4; ¶0025-0026), wherein in a relaxed state at least one finger portion of the second textile blank is shorter than an opposite assigned finger portion of the first textile blank (Figs. 1-4), and the at least one finger portion of the second textile blank is stretched when being connected (¶0025-0026).
Regarding Claim 2, Jaeger discloses the method claimed in claim 1, wherein all finger portions of the second textile blank are shorter than all of the corresponding finger portions of the first textile blank (Figs. 1-4), and wherein all finger portions of the second textile blanke are stretched when being connected to the first textile blank (Figs. 1-4).
Regarding Claim 3, Jaeger discloses the method as claimed in claim 1, wherein at least one finger portion of the second textile blank is narrower than a corresponding finger portion of the first textile blank (Figs. 1-4), and wherein the finger portions of the first textile blank and the finger portions of the second textile blank are connected to one another at a base point between two finger portions on the dorsum of hand surface and the palm of hand surface (Figs. 1-4).
Regarding Claim 4, Jaeger discloses the method as claimed in claim 1 wherein both the first textile blank and the second textile blank are composed of an elastic material (¶0025-0026).
Regarding Claim 6, Jaeger discloses the method as claimed in claim 1 wherein at least one finger portion of the first textile blank and/or at least one finger portion of the second textile blank is connected so as to form a finger sleeve with a closed fingertip (Figs. 1-4).
Regarding Independent Claim 7, Jaeger discloses a prosthetic glove (Figs. 1-4 #10 shows a glove for a human hand), comprising: a first textile blank (Figs. 1-4 #22; ¶0025) comprising having a dorsum of hand surface (Figs. 1-4; ¶0025) and finger portions that extend away from the dorsum of hand surface (Figs. 1-4 #14a-d/12 of #22); a second textile blank (Figs. 1-4 #20) comprising a palm of hand surface (Figs. 1-4; ¶0025) and finger portions that extend away from the palm of hand surface (Figs. 1-4 #14a-d/12 of #20), wherein at least the finger portions of the first textile blank and the finger portions of the second textile blank are of an elastic design or comprise elastic portions (¶0005, 0025-0026), and wherein correspondingly designed finger portions of the first textile blank and finger portions of the second textile blank lie opposite one another (Figs. 1-4; ¶0025-0026), wherein the first textile blank and the second textile blank are connected directly to one another along a longitudinal extent at a peripheral region of the finger portions of the first textile blank and at a longitudinal extent at a peripheral region of the second textile blank to form a plurality of finger sleeves (Figs. 1-4; ¶0025-0026), and wherein in a relaxed non-connected state at least one finger portion of the second textile blank is shorter than an the opposite finger portion of the first textile blank (Figs. 1-4; ¶0025-0026).
Regarding Claim 8, Jaeger discloses the prosthetic glove as claimed in claim 7, wherein all finger portions of the second textile blank are shorter than all of the corresponding finger portions of the first textile blank (Figs. 1-4).
Regarding Claim 9, Jaeger discloses the prosthetic glove as claimed in claim 7, wherein at least one finger portion of the second textile blank is narrower than a corresponding finger portion of the first textile blank (Figs. 1-4).
Regarding Claim 10, Jaeger discloses the prosthetic glove as claimed in claim 7 wherein both the first textile blank and the second textile blank are composed of an elastic material (¶0005, 0025-0026).
Regarding Claim 11, Jaeger discloses the prosthetic glove as claimed in claim 7 wherein the palm of hand surface is narrower and/or shorter than the dorsum of hand surface (Figs. 1-4).
Regarding Claim 12, Jaeger discloses the prosthetic glove as claimed in claim 7 wherein the first textile blank and the second textile blank are connected by at least one connecting seam (Figs. 1-4 #24).
Regarding Claim 13, Jaeger discloses the prosthetic glove as claimed in claim 12, wherein the at least one connecting seam is formed in an encircling manner while omitting a proximal introduction opening (Figs. 1-4).
Regarding Claim 14, Jaeger discloses the prosthetic glove as claimed in claim 7 wherein the first textile blank and the second textile blank are connected by a plurality of connecting seams (Figs. 1-4 #24) while omitting a proximal introduction opening and at least one distal finger opening (Figs. 1-4).
Regarding Claim 15, Jaeger discloses the prosthetic glove as claimed in claim 12 wherein the at least one connecting seam runs between two finger sleeves of the plurality of finger sleeves on an inside of the palm of hand surface (Figs. 1-4; ¶0025-0026.
Regarding Claim 16, Jaeger discloses the prosthetic glove as claimed in claim 7 wherein the first textile blank and the second textile blank between two finger portions have a proximal intermediate region in which the first textile blank and the second textile blank are connected to one another at a base point (Figs. 1-4; ¶0025-0026).
Regarding Claim 17, Jaeger discloses the prosthetic glove as claimed in claim 7 wherein the finger portions of the first textile blank and the finger portions of the second textile blank are designed for an index finger, a middle finger, a ring finger, and a little finger, and are designed with an identical orientation on the first textile blank and the second textile blank (Figs. 1-4; ¶0025-0026).
Regarding Claim 18, Jaeger discloses the prosthetic glove as claimed in claim 7 wherein the longitudinal extent of the finger portion corresponding with at least a thumb on the first textile blank (Figs. 1 & 3 #12 of #22) has a different orientation than the longitudinal extent of the finger portion (Figs. 1-4) corresponding with at least the thumb of the second textile blank (Figs. 1 & 3 #12 of #20).
Regarding Claim 20, Jaeger discloses the prosthetic glove as claimed in claim 7 wherein the first textile blank and the second textile blank each comprise at least one opposite finger portion connected to form a finger sleeve of the plurality of finger sleeves with a closed fingertip (Figs. 1-4).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jaeger as applied to claim 1 above, and further in view of Gold US 5490290.
Regarding Claim 5, Jaeger discloses the method as claimed in claim 1, but does not expressly disclose wherein at least one finger sleeve is open at a distal end, and an end cap is fastened to the at least one finger sleeve.
Gold teaches a glove (Figs. 1-6 #10 [the Examiner notes that glove #10 of Gold is the same glove #10 cited in Jaeger Figs. 1-4 as Prior Art, but this glove embodiment of Gold has a connecting structure #20] wherein at least one finger sleeve is open at a distal end (Fig. 6), and an end cap is fastened to the at least one finger sleeve (Fig. 3; Abstract).
Both Jaeger and Gold teach analogous inventions in the art of gloves made of elastic materials. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Jaeger with the teachings of Gold such that the glove would have at least one finger sleeve is open at a distal end, and an end cap is fastened to the at least one finger sleeve so that with “such a construction, structural integrity may be maintained while permitting an opening to exist at the crotch of each finger, thereby providing for increased cooling of the hand,” (Gold Abstract).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jaeger as applied to claim 7 above, and further in view of Gold US 5490290.
Regarding Claim 19, Jaeger discloses the prosthetic glove as claimed in claim 7 but does not expressly disclose wherein at least one finger sleeve is open at a distal end, and an end cap is fastened to the at least one finger sleeve.
Gold teaches a glove (Figs. 1-6 #10 [the Examiner notes that glove #10 of Gold is the same glove #10 cited in Jaeger Figs. 1-4 as Prior Art, but this glove embodiment of Gold has a connecting structure #20] wherein at least one finger sleeve is open at a distal end (Fig. 6), and an end cap is fastened to the at least one finger sleeve (Fig. 3; Abstract).
Both Jaeger and Gold teach analogous inventions in the art of gloves made of elastic materials. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Jaeger with the teachings of Gold such that the glove would have at least one finger sleeve is open at a distal end, and an end cap is fastened to the at least one finger sleeve so that with “such a construction, structural integrity may be maintained while permitting an opening to exist at the crotch of each finger, thereby providing for increased cooling of the hand,” (Gold Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tabor US 474929 teaches a glove with removeable finger caps
Komatsu US 3760425 teaches a glove with a large blank and a small blank
Lee US 20060156453 teaches a glove with a removable finger cap
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQUEL M. WEIS whose telephone number is 571-272-6804. The examiner can normally be reached Mon-Fri: 0800-1700.
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732
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