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 April 11, 2025 in which claims 24-42 are presented for examination. Claims 1-23 have been cancelled.
Drawings
The drawings are objected to because Figures 3, 12, 18, 23, and 24 each contain more than one figure within the figure numbers. Each Figure should be labeled with a separate figure number (see 37 C.F.R. 1.84(u)) or be provided with connecting lead lines or brackets to show how the parts are interconnected.
Additionally, 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 below must be shown or the feature(s) canceled from the claim(s).
1. where the digit protecting portion also has a least one foot (claim 36).
2. where the first digit protecting portion is connected to the second digit protecting portion (claim 41).
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.
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 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.
Claims 24-30 and 33-42 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sarkies (2008/0282439).
Regarding claim 24, Sarkies teaches, A hand protector (2, figures 1-3B) comprising: a main body; a first digit protecting portion having a digit facing surface and an exterior surface and connected to the main body; the first digit protecting portion shaped and configured to cover a portion of a phalange of each of at least two adjoining digits (“2a protective device for a person's hand is also disclosed. The device comprises a mitten having a front side and a back side, a cover attached to the back side of the mitten, and an impact pad inserted between the glove's back side and the cover”, [0008], “Referring now to FIG. 1, a plan view of the back side of one preferred embodiment of the protective apparatus 2 for a person's hand of the present disclosure will now be described. As seen in FIG. 1, a mitten 2 is illustrated. The mitten 2 includes the finger area 4 and the thumb area 6 for insertion of the person's fingers and thumb. The palm pad 8 as well as the thumb pad 10 is shown.”, [0026], “he mitten 2 also includes the throat member 22 which is a band for binding together the various ply material of the mitten.”, [0027], “FIG. 3A is a partial cross-sectional side elevation view of the mitten 2 seen in FIG. 1. This view depicts the hand 26 inserted into the interior of the mitten 2. FIG. 3A depicts the cover material 24 which is attached to a second ply material 28…Additionally, FIG. 3A depicts the palm pad 8 inserted between the pocket area between the cover 16 and the lining 30”, [0029], “FIG. 3B is the side elevation view of the mitten 2 seen in FIG. 3A with a partial cut-through of the cover material 16, and in particular with the cut-away area of the back of the finger area and the cut-away area of the thumb. FIG. 3B also depicts palm pad 8 and thumb pad 10.”, [0030], therefore, 2 comprising: 16/24/22; 8A (a first digit protecting portion) having an digit facing surface and an annotated exterior surface and connected to 16; 8A shaped and configured to cover a portion of a phalange of each of at least two adjoining digits, annotated figures 1 and 3A, figures 1-3B, examiner notes: while Sarkies labels 8 as a “palm pad”, 8 is disclosed as being on the back side of the mitten, which is disclosed in [0008] and [0026], and shown in figures 1 and 3A-3B).
Regarding claim 25, Sarkies teaches, where the digit protecting portion is shaped and configured to pass at least some of a force received by the exterior surface of the digit protecting portion away from the two adjoining digits (“Referring now to FIG. 4A, an isometric view of the palm pad 8 used with the mitten 2 embodiment of FIG. 1 will now be described. The view of FIG. 4A illustrates that the palm pad will have a first density layer 34 and the second density layer 36; in other words, the first density layer 34 has a first denseness and the second density layer 36 has a softer denseness. As shown, the bottom layer 36 is softer and thicker than the top layer 34. It should be noted that the layer (i.e. layer 36) that contacts the wearer's hand is to be the thicker/softer layer for comfort purposes and the thinner/harder layer is the upper most layer (i.e. layer 34) as it functions to disperse the energy of an applied blow across a larger square inch area of the underlying softer pad. As per the teachings of the present disclosure, the hard foam shell positioned above the softer layer of foam allows a design that diffuses and disperses the energy impact over a broader square inch area of the protective padding.”, [0031], therefore, where 8A is shaped and configured to pass at least some of a force received by the annotated exterior surface of 8A away from the two adjoining digits, annotated figures 1 and 3A, figures 1, 3A-3B and 4A).
Regarding claim 26, Sarkies teaches, where the digit protecting portion is shaped and configured to pass at least some of a force received by the exterior surface of the digit protecting portion around the two adjoining digits (“Referring now to FIG. 4A, an isometric view of the palm pad 8 used with the mitten 2 embodiment of FIG. 1 will now be described. The view of FIG. 4A illustrates that the palm pad will have a first density layer 34 and the second density layer 36; in other words, the first density layer 34 has a first denseness and the second density layer 36 has a softer denseness. As shown, the bottom layer 36 is softer and thicker than the top layer 34. It should be noted that the layer (i.e. layer 36) that contacts the wearer's hand is to be the thicker/softer layer for comfort purposes and the thinner/harder layer is the upper most layer (i.e. layer 34) as it functions to disperse the energy of an applied blow across a larger square inch area of the underlying softer pad. As per the teachings of the present disclosure, the hard foam shell positioned above the softer layer of foam allows a design that diffuses and disperses the energy impact over a broader square inch area of the protective padding.”, [0031], therefore, where 8A is shaped and configured to pass at least some of a force received by the annotated exterior surface of 8A around the two adjoining digits, annotated figures 1 and 3A, figures 1, 3A-3B and 4A).
Regarding claim 27, Sarkies teaches, where the digit protecting portion is shaped and configured to pass at least some of a force received by the exterior surface of the digit protecting portion to an item being held (“Referring now to FIG. 4A, an isometric view of the palm pad 8 used with the mitten 2 embodiment of FIG. 1 will now be described. The view of FIG. 4A illustrates that the palm pad will have a first density layer 34 and the second density layer 36; in other words, the first density layer 34 has a first denseness and the second density layer 36 has a softer denseness. As shown, the bottom layer 36 is softer and thicker than the top layer 34. It should be noted that the layer (i.e. layer 36) that contacts the wearer's hand is to be the thicker/softer layer for comfort purposes and the thinner/harder layer is the upper most layer (i.e. layer 34) as it functions to disperse the energy of an applied blow across a larger square inch area of the underlying softer pad. As per the teachings of the present disclosure, the hard foam shell positioned above the softer layer of foam allows a design that diffuses and disperses the energy impact over a broader square inch area of the protective padding.”, [0031], therefore, where 8A is shaped and configured to pass at least some of a force received by the annotated exterior surface of 8A to an item being held, figures 1, 3A-3B and 4A).
Regarding claim 28, Sarkies teaches, where the digit protecting portion is shaped and configured to cover a phalange of each of at least three adjoining digits (where 8A is shaped and configured to cover a phalange of each of at least three adjoining digits, [0008], [0026, [0029], [0030], annotated figures 1 and 3A, figures 1, 3A-3B).
Regarding claim 29, Sarkies teaches, where the digit protecting portion is shaped and configured to cover a phalange of each of at least four adjoining digits (where 8A is shaped and configured to cover a phalange of each of at least four adjoining digits, [0008], [0026, [0029], [0030], annotated figures 1 and 3A, figures 1, 3A-3B).
Regarding claim 30, Sarkies teaches, where the main body and digit protecting portion are parts of a mitten-like structure (where 16/24/22 and 8A are parts of a mitten-like structure, [0026], figures 1-3B, annotated figures 1 and 3A).
Regarding claim 33, Sarkies teaches, where the digit protecting portion is removable (“The mitten 2 further contains the opening 18, and wherein the opening 18 allows insertion of the palm pad 8 and thumb pad 10. The mitten 2 includes the latching means, which in the most preferred embodiment is a zipper device 20.”, [0027], “FIG. 3A depicts the zipper device 20 in the latched (closed) position. Additionally, FIG. 3A depicts the palm pad 8 inserted between the pocket area between the cover 16 and the lining 30”, [0029], therefore, where 8A is removable, figures 1 and 3A-3B, annotated figures 1 and 3A).
Regarding claim 34, Sarkies teaches, where the digit protecting portion is fixedly connected (“The mitten 2 further contains the opening 18, and wherein the opening 18 allows insertion of the palm pad 8 and thumb pad 10. The mitten 2 includes the latching means, which in the most preferred embodiment is a zipper device 20.”, [0027], “FIG. 3A depicts the zipper device 20 in the latched (closed) position. Additionally, FIG. 3A depicts the palm pad 8 inserted between the pocket area between the cover 16 and the lining 30”, [0029], therefore, where 8A is fixedly connected, figures 1 and 3A-3B, annotated figures 1 and 3A).
Regarding claim 35, Sarkies teaches, where the digit protecting portion is curved, generally square, generally rectangular, circular, or multi-sided in at least part of a cross section of the digit protecting portion (where 8A is curved, generally square, generally rectangular, circular, or multi-sided in at least part of a cross section of 8A, annotated figures 1 and 3A, figures 3A-4E).
Regarding claim 36, Sarkies teaches, where the digit protecting portion also has a least one foot (where 8A also has a least one foot, annotated figure 3A).
Regarding claim 37, Sarkies teaches, where the main body is shaped and configured to attach to a wrist or forearm (“The mitten 2 also includes the throat member 22 which is a band for binding together the various ply material of the mitten. As understood by those of ordinary skill in the art, the throat member 22 also helps to keep foreign material from entering the interior of the mitten”, [0027], therefore, where 16/24/22 is shaped and configured to attach to a wrist or forearm, figures 1-3B).
Regarding claim 38, Sarkies teaches, where the main body is shaped and configured to encircle a wrist or forearm (“The mitten 2 also includes the throat member 22 which is a band for binding together the various ply material of the mitten. As understood by those of ordinary skill in the art, the throat member 22 also helps to keep foreign material from entering the interior of the mitten”, [0027], therefore, where 16/24/22 is shaped and configured to encircle a wrist or forearm, figures 1-3B).
Regarding claim 39, Sarkies teaches, where the main body is shaped and configured to at least partially encircle a wrist or forearm (“The mitten 2 also includes the throat member 22 which is a band for binding together the various ply material of the mitten. As understood by those of ordinary skill in the art, the throat member 22 also helps to keep foreign material from entering the interior of the mitten”, [0027], therefore, where 16/24/22 is shaped and configured to at least partially encircle a wrist or forearm, figures 1-3B).
Regarding claim 40, Sarkies teaches, where the digit protecting portion is a first digit protecting portion and a second digit protecting portion is shaped and configured to cover a portion of a phalange of each of the same at least two adjoining digits (where 8A is a first digit protecting portion and 8B (a second digit protecting portion) is shaped and configured to cover a portion of a phalange of each of the same at least two adjoining digits, annotated figures 1 and 3A, figures 1-3B).
Regarding claim 41, Sarkies teaches, where the first digit protecting portion is connected to the second digit protecting portion (where 8A is connected to 8B, [0029], [0032], [0033], annotated figures 1 and 3A, figures 1-3B).
Regarding claim 42, Sarkies teaches, where the second digit protecting portion is attached to the main body (“The mitten 2 further contains the opening 18, and wherein the opening 18 allows insertion of the palm pad 8 and thumb pad 10. The mitten 2 includes the latching means, which in the most preferred embodiment is a zipper device 20.”, [0027], “FIG. 3A depicts the zipper device 20 in the latched (closed) position. Additionally, FIG. 3A depicts the palm pad 8 inserted between the pocket area between the cover 16 and the lining 30”, [0029], therefore, where 8B is attached to, figures 1 and 3A-3B, annotated figures 1 and 3A).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Sarkies (2008/0282439) in view of Berger (WO 2018/054708).
Regarding claim 31, Sarkies teaches, where the main body and digit protecting portion are parts of a mitten (where 16 and 8A are parts of a mitten, [0026], figures 1-3B, annotated figures 1 and 3A).
Sarkies fails to teach, a split finger mitten.
Berger, a glove with vibration insulation material, Abstract, teaches, where the main body and digit protecting portion are parts of a split finger mitten (“FIG. 2 shows a glove for vibration insulation 201.”, page 15 ln. 10, “In FIG. 2 the first material 222 and the insulation material 220 is arranged as two stripes on one of the two finger covering portions 212.”, page 15 ln. 16-17, “according to at least one example embodiment of the invention the insulation material comprises a gel material, or a foam material, or a foam rubber material, or a material comprising gas-filled cavities.”, page 9 ln. 30-32, “the first material and the insulation material may additionally or alternatively be arranged on the hand-back side of the glove”, page 4 ln. 7-9, “According to at least one example embodiment of the invention there is a first finger covering portion for the thumb, a second finger covering portion for the index finger and a third finger covering portion for the other three fingers. By separating the index finger from the rest of the fingers a stronger and easier grip may be achieved.”, page 5 ln. 23-273, therefore, where the main body of 210 and 220/222 are parts of a split finger mitten, figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide mitten of Sarkies as a split finger mitten as taught by Berger to in order to provide a compartment for the users middle, ring and pinky fingers and a separate finger compartment for the user’s index finger, since “separating the index finger from the rest of the fingers a stronger and easier grip may be achieved”, [0032].
Regarding claim 32, Sarkies teaches, where the main body and digit protecting portion are parts of a mitten (where 16 and 8A are parts of a mitten, [0026], figures 1-3B, annotated figures 1 and 3A).
Sarkies fails to teach, a trigger finger mitten.
Berger, a glove with vibration insulation material, Abstract, teaches, where the main body and digit protecting portions are a parts of a trigger finger mitten (“FIG. 2 shows a glove for vibration insulation 201.”, page 15 ln. 10, “In FIG. 2 the first material 222 and the insulation material 220 is arranged as two stripes on one of the two finger covering portions 212.”, page 15 ln. 16-17, “according to at least one example embodiment of the invention the insulation material comprises a gel material, or a foam material, or a foam rubber material, or a material comprising gas-filled cavities.”, page 9 ln. 30-32, “the first material and the insulation material may additionally or alternatively be arranged on the hand-back side of the glove”, page 4 ln. 7-9, “According to at least one example embodiment of the invention there is a first finger covering portion for the thumb, a second finger covering portion for the index finger and a third finger covering portion for the other three fingers. By separating the index finger from the rest of the fingers a stronger and easier grip may be achieved.”, page 5 ln. 23-273, therefore, where the main body of 210 and 220/222 are parts of a trigger finger mitten., figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide mitten of Sarkies as a trigger finger mitten as taught by Berger to in order to provide a compartment for the users middle, ring and pinky fingers and a separate finger compartment for the user’s index finger, since “separating the index finger from the rest of the fingers a stronger and easier grip may be achieved”, [0032].
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2016/0345646 by Marso discloses a hand protector mitten having digit protecting portions on the main body covering phalanges of digits.
2. 4,930,162 by Cote discloses a hand protector having digit protecting portions on the main body covering phalanges of digits.
3. 2011/027705 by Cuadrado discloses a hand protector having a digit protecting portion on the main body covering phalanges of digits.
4. 4,411,024 by Hayes discloses a hand protector mitten having digit protecting portions on the main body covering phalanges of digits.
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 8:30-4:30.
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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