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 amendments filed with the written response received on 07/14/2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 2, 4, 30, 33-36, and 39-43 have been amended; claims 6, 8, 10, 12, 13, 15, 17, 27, and 28 are canceled. Accordingly, claims 1-5, 7, 9, 11, 14, 16, 18-26, 29-45 are pending in this application.
Election/Restrictions
Applicant's election with traverse of Species 1 and sub-species A in the reply filed on 07/14/2026 is acknowledged. The traversal is on the grounds that the claims have been amended to recite said plurality of nodules are spaced-apart with a gap space sufficiently that during formation of the apparel article by dipping the film chemistry of which the apparel article is formed does not readily flow by trapping or surface tension such that the glove thereby forms with substantially uniform thickness in a lateral line transverse to a longitudinal axis of the glove,” and, it is argued, this is a special technical feature that define a contribution which each for the claimed inventions, considered as a whole, makes over the prior art. This is not found persuasive because the added recitation merely describes the intended result or function associated with the spacing of the nodules during the dipping process. Applicant has not demonstrated that this amended feature is a special technical feature defining a contribution over the prior art. The added limitation merely explains an alleged advantage of the spacing between he nodules and does not establish that the claimed spacing itself distinguishes the inventions over the prior art or otherwise provides a common inventive concept linking the elected species. The amended limitation does not positively recite any objective structural relationship, such as a particular spacing, dimension, or range, but instead recites a spacing “sufficient” to achieve a desired manufacturing result. Such functional language does not establish a special technical feature common to the identified species.
The requirement is still deemed proper and is therefore made FINAL.
Accordingly, claims 4, 29, 34, and 39-45 are withdrawn from consideration as not being directed to elected invention Species 1 (fig. 1) and sub-species A (Fig. 5). An action on the merits follows regarding claims 1-3, 5, 7, 9, 11, 14, 16, 18-26, 30-33, and 35-38.
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 apparel article thereby forms with substantially uniform thickness in a lateral line transverse to a longitudinal axis of the apparel article” of claims 1 and 30 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claim 1 has been amended to recite “said plurality of nodules are spaced-apart with a gap space sufficiently that during formation of the apparel article by dipping the film chemistry of which the apparel article is formed does not readily flow by trapping or surface tension such that the apparel article thereby forms with substantially uniform thickness in a lateral line transverse to a longitudinal axis of the apparel article.” However, paragraph 0081 is directed to the formation of a glove specifically, and not broadly to an appeal article. Therefore, the specification fails to provide proper antecedent basis for the claimed subject matter.
Claim Objections
Claims 1-3, 5, 7, 9, 11, 14, 16, 18-26, 30-33, and 35-38 are objected to because of the following informalities: Claims 1 and 30 recite “the film chemistry.” The recitation lacks proper antecedent basis and appropriate correction is required. Appropriate correction is required.
Claims depending from claims objected to under this section are similarly objected to for their dependence on a claim objected to under this section.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5, 7, 9, 11, 14, 16, and 18-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 has been amended to recite “said plurality of nodules are spaced-apart with a gap space sufficiently that during formation of the apparel article by dipping the film chemistry of which the apparel article is formed does not readily flow by trapping or surface tension such that the apparel article thereby forms with substantially uniform thickness in a lateral line transverse to a longitudinal axis of the apparel article.” However, paragraph 0081 is directed to the formation of a glove specifically, and not broadly to an appeal article. Therefore, the recitation is considered new matter since the claim amendment is considered as a more broader recitation than what is support by the disclosure.
Claims depending from claims rejected to under this section are similarly rejected to for their dependence on a claim rejected to under this section.
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, 5, 7, 9, 11, 14, 16, 18-26, 30-33, and 35-38 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.
The term “substantially” in claims 1 and 30 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear to what degree a thickness may be considered uniform and, from an infringement standpoint, whether a competing article with a similar thickness would be considered as having the same structural characteristic as that which is claimed. For purposes of examination, the phrase “substantially uniform thickness” will be interpreted as requiring that the article has a thickness, rather than an objectively uniform thickness because the scope of the claim does not provide an objective boundary, and absent such standard, the phrase is interpreted broadly as including articles having varying thicknesses that are nonetheless considered “substantially” uniform.
The term “optionally” in claims 5, 7, 9, 11, 14, and 16 do not positively recite a required claim limitation but instead attempts to encompass embodiments both with and without the recited features. Therefore, the claim fails to clearly define the boundaries of the invention because the optional feature is neither affirmatively required not affirmatively excluded.
Claims depending from claims rejected to under this section are similarly rejected to for their dependence on a claim rejected to under this section.
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.
Claims 1, 3, 11, 19, 24-26, 30, and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0007115 A1 to Wootton.
For claim 1, Wootton discloses an apparel article (fig. 7b), comprising: a protective shell (body of 86) with an opening for receiving therethrough a portion of a person to wear the apparel article (inherent opening of a glove for receiving a hand of a wearer); and at least one grip field (fig. 2a and 8a) having a plurality of spaced-apart nodules, each nodule extending from an exterior surface of the protective shell to a distal end defining a concave recess therein (para 0040 and fig. 2b), said plurality of nodules are spaced-apart with a gap space (fig. 2b) sufficiently that during formation of the apparel article by dipping the film chemistry of which the apparel article is formed does not readily flow by trapping or surface tension such that the apparel article thereby forms with substantially uniform thickness in a lateral line transverse to a longitudinal axis of the apparel article (the body of glove 86 and the spaced apart bumps comprise an inherent thickness, see fig. 2b, and see discussion of the claim under 35 USC § 112(b) above) (Further, examiner notes the recited limitation merely recites the manner in which the apparel article is manufactured and the intended result associated with the spacing of the nodules, rather than imparting a patentably distinct structural limitation to the claimed article. Patentably is based on the structure of the claimed product, not on its method of manufacture or an intended manufacturing result (see MPEP 2113(I)). Accordingly, wherein the claimed apparel article is the same as the prior art product, the recited manufacturing processes does not render the claimed product patentably distinct. With respect to the functional characteristics of the recitation, and given that the Wootton discloses the apparel article as claimed, the burden shifts to applicant to establish that the prior art does not possess the characteristics relied on (See MPEP 2114(I)).
For claim 3, Wootton discloses the apparel article as recited in claim 1, wherein the protective shell defines a glove having a hand portion from which four finger tube and a thumb tube extend (fig. 7b).
For claim 11, Wootton discloses the apparel article as recited in claim 1, wherein the nodule extends outwardly with a side wall up to 90 degrees relative to the exterior surface, optionally wherein the nodule angles to the distal end in a range of 15 degrees to 75 degrees relative to the exterior surface, and optionally wherein the nodule angles to the distal end at 45 degrees relative to the exterior surface (fig. 2b).
For claim 19, Wootton discloses the apparel article as recited in claim 3, wherein the hand portion defines at least one pad portion; and the at least one grip field occupies the at least one pad portion (para 0053).
For claim 24, Wootton discloses the apparel article as recited in claim 1, wherein the plurality of spaced-apart nodules are disposed in rows (fig. 2a).
For claim 25, Wootton discloses the apparel article as recited in claim 24, wherein the spaced-apart nodules in a first row are offset from the spaced-apart nodules in an adjacent row (fig. 2a).
For claim 26, Wootton discloses the apparel article as recited in claim 1, wherein a shape of the nodule is selected from a group comprising shapes that are conical, pyramidal, and circular in cross-section (fig. 2b).
For claim 30, Wootton discloses a glove with a grip texture (fig. 7b), comprising a glove body (body of 86) having an exterior surface (surface of 86), with a cuff (cuff of 86) having an open end (inherent opening of a glove for receiving a hand of a wearer) and extending to a hand portion from which four finger tubes and a thumb tube extend, for receiving a hand therein (Fig. 7b); and at least one grip field (fig. 2a and 8a) having a plurality of spaced-apart nodules, each nodule extending from the exterior surface to a distal end and defining a concave recess therein (para 0040 and fig. 2b), said plurality of nodules are spaced-apart with a gap (fig. 2b) space sufficiently that during formation of the glove by dipping the film chemistry of which the glove is formed does not readily flow by trapping or surface tension such that the glove thereby forms with substantially uniform thickness in a lateral line transverse to a longitudinal axis of the glove (the body of glove 86 and the spaced apart bumps comprise an inherent thickness, see fig. 2b, and see discussion of the claim under 35 USC § 112(b) above) (Further, examiner notes the recited limitation merely recites the manner in which the apparel article is manufactured and the intended result associated with the spacing of the nodules, rather than imparting a patentably distinct structural limitation to the claimed article. Patentably is based on the structure of the claimed product, not on its method of manufacture or an intended manufacturing result (see MPEP 2113(I)). Accordingly, wherein the claimed apparel article is the same as the prior art product, the recited manufacturing processes does not render the claimed product patentably distinct. With respect to the functional characteristics of the recitation, and given that the Wootton discloses the apparel article as claimed, the burden shifts to applicant to establish that the prior art does not possess the characteristics relied on (See MPEP 2114(I)).
For claim 33, Wootton discloses the glove as recited in claim 30, wherein the nodule extends at an angle up to perpendicular relative to the glove surface (see fig. 2b).
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 2, 5, 7, 8, 14, 16, 18, and 35-38 are rejected under 35 U.S.C. 103 as being unpatentable over Wootton.
For claim 2, Wootton discloses the apparel article as recited in claim 1, but does not specifically disclose wherein each nodule has a base at the exterior surface having a width in a range 0.5 mm to 5 mm, extends to a height in a range from 0.2 mm to 2 mm from the exterior surface, and the concave recess has a depth of 0.05 mm to 1 mm, and adjacent ones of the plurality of nodules are spaced apart in a range of 0.1 mm to 3 mm.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 5, Wootton discloses the apparel article as recited in claim 1, but does not specifically disclose wherein each nodule extends to a height in a range from 0.2 mm to 2 mm from the exterior surface, optionally to a height of 0.8 mm.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 7, Wootton discloses the apparel article as recited in claim 1, but does not specifically disclose wherein the concave recess has a diameter of 0.2 mm to 1.5 mm, optionally wherein the concave recess has a diameter of 1 mm.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 8, Wootton teaches the apparel article as recited in claim 1, but does not specifically disclose wherein the concave recess has a depth of 0.05 mm to 1 mm, optionally wherein the concave recess has a depth of 0.1 mm.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 14, Wootton discloses the apparel article as recited in claim 1, but does not specifically disclose wherein the nodule has a base at the exterior surface with a width in a range 0.5 mm to 5 mm, optionally wherein the nodule has a base at the exterior surface with a width of 2.3 mm.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 16, Wootton discloses the apparel article as recited in claim 1, but does not specifically disclose wherein adjacent ones of the plurality of nodules are spaced apart in a range of 0.1 mm to 3 mm, optionally wherein adjacent ones of the plurality of nodules are spaced 1 mm apart.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 18, Wootton discloses the apparel article as recited in claim 1, but does not specifically disclose wherein the nodule defines a conical geometric shape with a base at the exterior surface having a width in a range 0.5 mm to 5 mm, extends to a height in a range from 0.2 mm to 2 mm from the exterior surface, and the concave recess has a depth of 0.05 mm to 1 mm, and adjacent ones of the plurality of nodules are spaced apart in a range of 0.1 mm to 3 mm.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 35, Wootton discloses the glove as recited in claim 30, but does not specifically disclose wherein a base of the nodule has a side-to-side distance of 0.5 mm to 5 mm on a horizontal axis relative to the glove surface.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 36, Wootton discloses the glove as recited in claim 30, wherein the nodule extends to a height in a range from 0.2 mm to 2 mm from the exterior surface.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 37, Wootton discloses the glove as recited in claim 30, but does not specifically disclose wherein the concave recess has a diameter in a range of 0.2 mm to 1.5 mm.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
For claim 38, Wootton discloses the glove as recited in claim 30, but does not specifically disclose wherein the concave recess has a depth in a range of 0.05 mm to 1 mm.
However, Wootton teaches the bumps 12 are frusto conical having approximate dimensions of: height of 5 mm; base diameter of 7 mm; and to top diameter of about 5 mm; a dimple 20 is formed in the top surface of 3 mm in diameter leaving a circular ridge of 1 mm thickness; the bumps are preferably in an equilateral triangular formation with centre-to-centre separations of 12 mm; the pad is about 52 mm flat to flat in width, with sides of length about 30 mm (para 0040). Wootton therefore teaches the general conditions of the claim. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dimensions of the grip elements, including reducing their size to fall within the claimed ranges, though routine optimization of a results effective variable for purposes of enhancing grip performance while maintaining the intended gripping function of the projections. In this case, there are relevant facts supporting the modification to the claimed range in the absence of unexpected results. Specifically, one of ordinary skill in the art would recognize the dimensions and spacing of the grip projections are result-effective variables that predicably affect grip performance, including maintaing traction under wet conditions and reducing the force required to securely grip an object (see paras 0060-0064).
Claims 20-23 and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Wootton as applied to claims 1 and 30 above, and further in view of US 6,427,248 B1 to Albert.
For claim 20, Wootton discloses the apparel article as recited in claim 19, but does not specifically disclose wherein the at least one grip field occupies a palm side tip portion of at least one of the four finger portions and the thumb portion.
However, attention is directed to Albert teaching an analogues gripping glove (abstract of Albert). Specifically, Albert teaches the recesses forming the gripping element (88) are formed on all the digits, thumb, and palm of the glove (col. 5, lines 8-23 of Albert) for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand (col. 2, lines 16-32 of Albert). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Wootton would be modified wherein the grip fields are formed on the all the digits, thumb, and palm of the glove, for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand, as taught by Albert (col. 2, lines 16-32 of Albert).
For claim 21, Wootton discloses the apparel article as recited in claim 19, but does not specifically disclose wherein each of the four finger tubes and the thumb tube have a respective palm-side tip portion and each respective palm-side tip portion having a respective one of the at least one grip field of the plurality of nodules.
However, attention is directed to Albert teaching an analogues gripping glove (abstract of Albert). Specifically, Albert teaches the recesses forming the gripping element (88) are formed on all the digits, thumb, and palm of the glove (col. 5, lines 8-23 of Albert) for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand (col. 2, lines 16-32 of Albert). I It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Wootton would be modified wherein the grip fields are formed on the all the digits, thumb, and palm of the glove, for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand, as taught by Albert (col. 2, lines 16-32 of Albert).
For claim 22, Wootton discloses the apparel article as recited in claim 3, but does not specifically disclose wherein the at least one pad portion is on a palm-side proximate the thumb tube.
However, attention is directed to Albert teaching an analogues gripping glove (abstract of Albert). Specifically, Albert teaches the recesses forming the gripping element (88) are formed on all the digits, thumb, and palm of the glove (col. 5, lines 8-23 of Albert) for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand (col. 2, lines 16-32 of Albert). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Wootton would be modified wherein the grip fields are formed on the all the digits, thumb, and palm of the glove, for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand, as taught by Albert (col. 2, lines 16-32 of Albert).
For claim 23, the modified Wootton teaches the apparel article as recited in claim 22, further comprising a second one of the at least one pad portion on a palm side proximate a finger tube most distally remote from the thumb tube; and further comprising a second one of the at least one grip field that occupies the second one of the at least one pad portion (see discussion for claim 22 above wherein grip fields occupies all the digits, thumb, and palm of the glove, for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand, as taught by Albert (col. 2, lines 16-32 of Albert)).
For claim 31, Wootton discloses the glove as recited in claim 30, but does not specifically disclose wherein the grip field is defined on a respective palm-side tip portion of the finger tubes and the thumb tube.
However, attention is directed to Albert teaching an analogues gripping glove (abstract of Albert). Specifically, Albert teaches the recesses forming the gripping element (88) are formed on all the digits, thumb, and palm of the glove (col. 5, lines 8-23 of Albert) for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand (col. 2, lines 16-32 of Albert). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Wootton would be modified wherein the grip fields are formed on the all the digits, thumb, and palm of the glove, for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand, as taught by Albert (col. 2, lines 16-32 of Albert).
For claim 32, Wootton discloses the glove as recited in claim 30, but does not specifically disclose wherein the grip field is defined on a palm-side portion proximate the thumb tube and on an opposing portion proximate the distally remote one of the finger tubes.
However, attention is directed to Albert teaching an analogues gripping glove (abstract of Albert). Specifically, Albert teaches the recesses forming the gripping element (88) are formed on all the digits, thumb, and palm of the glove (col. 5, lines 8-23 of Albert) for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand (col. 2, lines 16-32 of Albert). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein Wootton would be modified wherein the grip fields are formed on the all the digits, thumb, and palm of the glove, for purposes of providing increased frictional engagement with an object, maintaining grip, and providing cushioning to the user’s hand, as taught by Albert (col. 2, lines 16-32 of Albert).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK I LOPEZ whose telephone number is (571)272-3262. The examiner can normally be reached Monday - Friday: 9:00am - 5:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached at (571) 272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERICK I LOPEZ/Examiner, Art Unit 3732
Prosecution Insights