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 amendment filed on 02/02/2026 has been entered. Claims 1-16 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 02/02/2026.
Specification
The amendment filed 02/02/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: "In some embodiments, the exterior surface of the liner 160 is adapted to releasably attach to the interior portion of the outer shell 120 by fastening means, which may comprise clips, hook and loop fasteners 162, 164, 260, 262, or snap fasteners" (paragraph 0034), where "[i]n some embodiments" and "may" do not have support in the original disclosure.
Applicant is required to cancel the new matter in the reply to this Office Action.
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 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 1-8, 10 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edelson (US 3,465,364 A).
Regarding claim 1, Edelson discloses a shin guard assembly (a knit sock or stocking 13 and pad 10; fig. 3; abstract; col. 2, ll. 1-6) for a sports player comprising:
an outer shell (a front leg portion of the knit sock or stocking 13; fig. 3);
a liner (pad 10; figs. 1, 3; col. 2, ll. 1-6) reversibly connected to an interior portion (interior surface of the leg portion of the knit sock or stocking 13; see annotated fig. 3) of the outer shell (by split loops 14; figs. 1, 3-4; col. 2, ll. 7-22), the liner comprising an upper portion (an upper half; fig. 1) and a lower portion (a lower half; fig. 1), the lower portion of the liner being configured to be positionable in a first position and a second position (by the split loops 14; figs. 1, 3; col. 2, ll. 7-22); and
a pocket (a receptacle defined in the sock or stocking 13 to receive the pad 10; see annotated fig. 3) connected to the interior portion of the outer shell (see annotated fig. 3), the pocket configured to reversibly receive the lower portion of the liner when the liner is in the first position (see annotated fig. 3).
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Annotated Fig. 3 from US 3,465,364 A
Regarding claim 2, Edelson discloses the shin guard assembly of claim 1, and further discloses in which the outer shell comprises an upper portion and a lower portion (inherent feature), wherein the upper portion of the outer shell comprises a knee shield for protecting the knee of the sports player (a stocking having a knee portion; col. 2, ll. 1-6) and the lower portion of the outer shell comprises a shin shield for protecting the shin and ankle of the sports player (abstract).
Regarding claim 3, Edelson discloses the shin guard assembly of claim 1, and further discloses in which the pocket has a horizontal, a vertical, or a slanted opening (horizontal or vertical; see annotated fig. 3) configured to reversibly receive the lower portion of the liner when the liner is in the first position.
Regarding claim 4, Edelson discloses the shin guard assembly of claim 3, and further discloses wherein the pocket is made of an abrasion-resistant material (the sock or stocking, including the pocket, made of nylon which is abrasion-resistant; col. 1, ll. 33-44).
Regarding claim 5, Edelson discloses the shin guard assembly of claim 4, and further discloses wherein said abrasion-resistant material comprises at least one of a plastic (nylon is a plastic material), a leather, or a coated fabric.
Regarding claim 6, Edelson discloses the shin guard assembly of claim 1, and further discloses in which the liner has an exterior surface and an interior surface (inherent feature; figs. 1, 3).
Regarding claim 7, Edelson discloses the shin guard assembly of claim 6, and further discloses in which the exterior surface of the liner is adapted to releasably attach to the interior portion of the outer shell by fastening means (nylon loops of the sock or stocking 13 and split loops 14, which form a hook and loop fastener; figs. 1, 3-4; col. 1, ll. 33-44; col. 2, ll. 7-22). Applicant, in para. 0034 of the original specification, has defined that the fastening means is a hook and loop fastener. Therefore, the hook and loop fastener of Edelson meets the claimed requirement.
Regarding claim 8, Edelson discloses the shin guard assembly of claim 7, and further discloses in which the fastening means comprise clips, hook and loop fasteners (a hook and loop fastener as discussed for claim 7), or snap fasteners.
Regarding claim 10, Edelson discloses the shin guard assembly of claim 6, and further discloses in which the interior surface of the liner comprises at least one area for contacting the skin of the sports player (fig. 3; col. 2, ll. 16-17).
Regarding claim 16, Edelson discloses the shin guard assembly of claim 2, and further discloses in which the knee shield and the shin shield are flexible (a knitted nylon sock or stocking is flexible; col. 1, ll. 33-44).
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 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 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Edelson (US 3,465,364 A) in view of Matta (US 2012/0240303 A1).
Regarding claim 9, Edelson discloses the shin guard assembly of claim 6. Edelson does not disclose wherein the interior surface of the liner comprises a moisture-wicking fabric. However, Matta, in an analogous art, teaches a protective liner (pad 100; fig. 1; para. 0017) configured to be used in a shin guard assembly (para. 0016; claim 11), wherein an interior surface of the liner comprises a moisture-wicking fabric (the pad 100 is wrapped in a moisture-wicking material; para. 0019; claim 15). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the shin guard assembly as disclosed by Edelson, with wherein the liner is wrapped with a moisture-wicking fabric as taught by Matta, in order to wick moisture away from the wearer thereby provide comfort for the wearer. By this combination, the interior surface of the liner would comprise a moisture-wicking fabric
Regarding claim 13, Edelson and Matta, in combination, disclose the shin guard assembly of claim 9. Matta further teaches wherein the moisture-wicking fabric comprises polyester (para. 0019). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the material for the moisture-wicking fabric, with wherein the moisture-wicking fabric comprises polyester, as taught by Matta, in order to use a commonly-used moisture-wicking material for the moisture-wicking fabric. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Edelson (US 3,465,364 A) in view of Carr (US 2,544,065 A).
Regarding claim 11, Edelson discloses the shin guard assembly of claim 10. Edelson does not explicitly disclose wherein the at least one area for contacting the skin of the sports player comprises a slip-resistant material. However, Carr, in an analogous art, teaches a shin guard assembly (stocking 5 and shin guard protector 5; figs. 1-3; col. 1, ll. 41-52) comprising a liner (shin guard protector 5; figs. 1-3; col. 1, ll. 41-52), wherein an interior surface of the liner comprises at least one area for contacting the skin of a sports player (fig. 3; col. 2, ll. 1-9), the at least one area comprises a slip-resistant material (a sponge rubber; col. 1, ll. 52-56). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the shin guard assembly as disclosed by Edelson, with wherein at least one area for contacting the skin of the sports player comprises a slip-resistant material as taught by Carr, in order to retain the liner at a desired location when in use.
Regarding claim 12, Edelson and Carr, in combination, disclose the shin guard assembly of claim 11. Carr further teaches wherein the slip-resistant material comprises rubber (col. 1, ll. 52-54). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the slip-resistant material comprising rubber, in order to use an anti-slip rubber material to retain the liner at a desired location when in use. In addition, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Edelson (US 3,465,364 A) in view of Bear (US 5,926,844 A).
Regarding claim 14, Edelson discloses the shin guard assembly of claim 1. Edelson does not disclose the shin guard assembly further comprising one or more straps for reversibly attaching the shin guard assembly to the lower leg of the sports player. However, Bear, in an analogous art, teaches a shin guard assembly (fig. 4; col. 3, ll. 34-51; claim 7) comprising a sock (sock 18; fig. 4; col. 3, ll. 34-41) and further comprising one or more straps (straps 10; fig. 4; col. 2, ll. 63-65; col. 3, ll. 34-41) for reversibly attaching the shin guard assembly to the lower leg of the sports player (by hook and loop materials 12, 13; figs. 1-2, 4-5; col. 2, ll. 63-65; col. 3, ll. 34-41). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the shin guard assembly as disclosed by Edelson, with the shin guard assembly further comprising one or more straps for reversibly attaching the shin guard assembly to the lower leg of the sports player as taught by Bear, in order to further provide an external means of locking the liner in their intended protective position thereby avoiding the liner from moving when in use.
Status of Claims
Claim 15 is allowed due to the same reason as indicated in the Office action mailed 11/04/2025.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Further, Applicant's arguments filed on 02/02/2026 have been fully considered and addressed as follows.
Applicant's remarks: Applicant asserts that the shin guard assembly of Edelson fails to disclose any pocket connected to the interior portion of the stocking that reversibly receives the pad, much less a pocket opening.
Examiner's response: Examiner respectfully disagrees. As shown in the annotated Fig. 3, the stocking of Edelson includes a pocket bulging outward and a liner is reversibly received in the pocket. In the status of Fig. 3, a pocket opening exists adjacent to a wearer's leg. Therefore, Edelson's shin guard assembly meets the claimed requirement. It is noted that claim 1 does not require the pocket must pre-exist before the shin guard assembly is being worn. Therefore, Applicant's argument is not found persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732