DETAILED ACTION
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 is in response to Application filed on July 16, 2026 in which claims 1-3 are presented for examination. Claims 4-9 have been cancelled.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-3 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 recites “a glove body with hole openings for the index finger and thumb”, this implies that the applicant has claimed the index finger and thumb. Applicant may obviate this rejection by using the term “adapted to” or “configured to” prior to claiming how a device is connected or attached to a human. For example: a glove body with hole openings configured for receiving the index finger and thumb.
Claim 1 recites “the top portion of the index finger hole opening of the glove body does not extend beyond the metacarpophalangeal (MCP) joint of the index finger.”, this implies that the applicant has claimed the metacarpophalangeal (MCP) joint of the index finger. Applicant may obviate this rejection by using the term “adapted to” or “configured to” prior to claiming how a device is connected or attached to a human. For example:
…the top portion of the index finger hole opening of the glove body is configured to not extend beyond the metacarpophalangeal (MCP) joint of the index finger…
Claim 1 recites “The top portion of the thumb of opening of the glove body does not extend beyond the MCP (metacarpophalangeal) joint of the thumb”, this implies that the applicant has claimed the MCP (metacarpophalangeal) joint of the thumb. Applicant may obviate this rejection by using the term “adapted to” or “configured to” prior to claiming how a device is connected or attached to a human. For example: … the top portion of the thumb of opening of the glove body is configured to not extend beyond the MCP (metacarpophalangeal) joint of the thumb…
All dependent claims fail to remove any 101 issues in the claims from which they depend and are also rejected for the 101 issues in the claims from which they depend.
Claim Objections
Claims 1 and 3 are objected to because of the following informalities:
Claims 1 and 3 each include multiple periods and multiple capital letters. See MPEP 608.01(m), “Each claim begins with a capital letter and ends with a period.”
Claim 1 recites “the metacarpophalangeal (MCP) joint of the index finger”, “MCP (metacarpophalangeal) joint of the thumb”, “the MCP joint of the ring finger”, and “the palmar side metacarpophalangeal (MCP) joints”, in which consistent claim language construction should be maintained throughout a claim and claim dependencies.
Appropriate correction is required.
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 1 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “the edge of the glove”, which is indefinite since it is unclear as to which edge “the edge” is referring to. Claim 1 recites “The glove body has both a palmar and dorsal side, and each side has an edge”, in which it appears there is a palmar edge and a dorsal edge, making it unclear as to which edge the limitation “the edge” is referring to. Examiner suggests using claim language that clearly defines each structure making clear how each structure are related to one another. For example: The glove body has a palmar side with a palmar edge and a dorsal side with a dorsal edge… the palmar side having an S-curve where the palmar edge…
Claim 1 recites the limitation “said palmar side edging”, there is insufficient antecedent basis for this limitation in the claim.
While the claim recites that both a palmar and dorsal side, and each side has an edge, a palmar side edging has not been previously introduced in the claim. Examiner suggests using claim language that clearly defines each structure making clear how each structure are related to one another. For example: The glove body has a palmar side with a palmar edge and a dorsal side with a dorsal edge…said palmar edge concaving inward…
Claim 1 recites the limitation “the wrist strap”, there is insufficient antecedent basis for this limitation in the claim. Here, a wrist strap has not been previously introduced in the claim.
All dependent claims are rejected for depending from a rejected base claim.
Allowable Subject Matter
Claim 1-3 have not been rejected with prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
