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. Claim 1-23 have been cancelled.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 24-42 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 24-42 of copending Application No. 19/030,918 (reference application), as shown in the table below. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Present Application
Application No. 19/030,918
24. (New) A hand protector comprising: a main body; a digit portion; where the digit portion is connected to the main body and has a mounting rail on a portion of the digit portion corresponding to at least one phalange.
24. (New) A hand protector comprising: a main body; a digit portion; where the digit portion is connected to the main body and has a mounting rail on a portion of the digit portion corresponding to at least one phalange.
25. (New) The hand protector as in claim 24, where the mounting rail is shaped and configured to receive at least one digit protecting portion having a digit facing surface and an exterior surface.
25. (New) The hand protector as in claim 24, where the mounting rail is shaped and configured to receive at least one digit protecting portion having a digit facing surface and an exterior surface.
26. (New) The hand protector as in claim 24, where the mounting rail is removable.
26. (New) The hand protector as in claim 24, where the mounting rail is removable.
27. (New) The hand protector as in claim 24, where the mounting rail is T-shaped.
27. (New) The hand protector as in claim 24, where the mounting rail is T-shaped.
28. (New) The hand protector as in claim 24, where the mounting rail is hook and loop.
28. (New) The hand protector as in claim 24, where the mounting rail is hook and loop.
29. (New) The hand protector as in claim 25, 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 a digit.
29. (New) The hand protector as in claim 25, 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 a digit.
30. (New) The hand protector as in claim 25, 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 a digit.
30. (New) The hand protector as in claim 25. 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 a digit.
31. (New) The hand protector as in claim 25, 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.
31. (New) The hand protector as in claim 25, 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.
32. (New) The hand protector as in claim 25, where the digit protecting portion is removable.
32. (New) The hand protector as in claim 25, where the digit protecting portion is removable.
33. (New) The hand protector as in claim 25, where the digit protecting portion is fixedly connected.
33. (New) The hand protector as in claim 25, where the digit protecting portion is fixedly connected.
34. (New) The hand protector as in claim 25, 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.
34. (New) The hand protector as in claim 25, 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.
35. (New) The hand protector as in claim 34, where the digit protecting portion also has a least one foot.
35. (New) The hand protector as in claim 34, where the digit protecting portion also has a least one foot.
36. (New) The hand protector as in claim 24, where the main body is shaped and configured to attach to a wrist or forearm.
36. (New) The hand protector as in claim 24, where the main body is shaped and configured to attach to a wrist or forearm.
37. (New) The hand protector as in claim 24, where the main body is shaped and configured to encircle a wrist or forearm.
37. (New) The hand protector as in claim 24, where the main body is shaped and configured to encircle a wrist or forearm.
38. (New) The hand protector as in claim 24, where the main body is shaped and configured to at least partially encircle a wrist or forearm.
38. (New) The hand protector as in claim 24, where the main body is shaped and configured to at least partially encircle a wrist or forearm.
39. (New) The hand protector as in claim 25, where the digit protecting portion is a first digit protecting portion and the mounting rail is also shaped and configured to receive a second digit protecting portion.
39. (New) The hand protector as in claim 25, where the digit protecting portion is a first digit protecting portion and the mounting rail is also shaped and configured to receive a second digit protecting portion.
40. (New) The hand protector as in claim 39, where the first digit protecting portion is connected to the second digit protecting portion.
40. (New) The hand protector as in claim 39, where the first digit protecting portion is connected to the second digit protecting portion.
41. (New) The hand protector as in claim 39, where the mounting rail is a first mounting rail and a second mounting rail is on a portion of the digit portion corresponding to a second phalange and the second digit protecting portion is received by the second mounting rail.
41. (New) The hand protector as in claim 39, where the mounting rail is a first mounting rail and a second mounting rail is on a portion of the digit portion corresponding to a second phalange and the second digit protecting portion is received by the second mounting rail.
42. (New) The hand protector as in claim 41, where the first digit protecting portion is connected to the second digit protecting portion.
42. (New) The hand protector as in claim 41, where the first digit protecting portion is connected to the second digit protecting portion.
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.
The drawings are also 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. the mounting rail shaped and configured to receive a second digit protecting portion (claim 39).
2. a second digit protecting portion (claim 39).
3. the first digit portion connected to the second digit portion (claim 40).
3. a second mounting rail on a portion of the digit portion corresponding to a second phalange (claim 41).
4. the second digit protecting portion is received by the second mounting rail (claim 41).
Examiner notes: Applicant’s Specification discloses in [0045] discloses “Digit portion 91 may include one or more mounting rails 92” and [0046], “Digit protector 100 includes mounting-rail attachment 101 and attachments 102, 103, and 104. Mounting-rail attachment 100 may be located on an inner portion of digit protector 80 and may interface with a device such as mounting rail 92 illustrated in FIG. 9. A single, such as 102, or multiple attachments may be connected to one or both sides of a digital portion…a mounting rail attachment on a single portion of a digit can be sufficient to attach a digit protector 100.”, in which it appears that the single digit protector 100 has digit protecting portions, with one of the digit protection portions having a mounting rail attachment 101. While Applicant has support for more than one mounting rails and appear to have support for multiple attachments, the figures do not show: a single mounting rail configured to receive a second digit protecting portion (claim 39), a second digit portion (claim 39), a second mounting rail on a portion of the digit portion corresponding to a second phalange (claim 41) and the second digit protecting portion received by the second mounting rail (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.
Specification
Claim 39-40 recite the structures of a first digit protecting portion (claim 39), the mounting rail configured to receive a second digit protecting portion (claim 39), the first digit protecting portion connected to the second digit protecting portion (claim 40), a first mounting rail and a second mounting rail (claim 41), the second mounting rail on a digit portion of the glove corresponding to a second phalange (claim 42), the second digit protecting portion received by the second mounting rail (claim 42), which is disclosed in Applicant’s specification in [0045] and [0046] and shown in figure 10. Applicant’s Specification discloses in [0045] and [0046]:
[0045]:
“FIG. 9 illustrates a perspective view of another embodiment of a reinforced hand protector. Glove 81 includes main body 90 and digit portions 91. Digit portion 91 may include one or more mounting rails 92. Although not illustrated, a thumb may also and alternatively individually include a mounting rail.”
[0046]:
“FIG. 10 illustrates a perspective view of a digit protector 100.Digit protector 100
includes mounting-rail attachment 101 and attachments 102, 103, and 104. Mounting-rail attachment 100 may be located on an inner portion of digit protector 80 and may interface with a device such as mounting rail 92 illustrated in FIG. 9. A single, such as 102, or multiple attachments may be connected to one or both sides of a digital portion and may alternatively have a hook and loop or other means of attaching to the underlying digit or glove. In another embodiment, a mounting rail attachment on a single portion of a digit can be sufficient to attach a digit protector 100.”
As shown in figure 10 it appears that the single digit protector 100 has three digit protecting portions that are connected, with one of the digit protection portions having a mounting rail attachment 101, and it is disclosed in Applicant’s Specification that the digit protector can have multiple attachments, in which it appears that the “attachments” are meant to include the mounting-rail attachment 101. Here, after a full review of Applicant’s Specification and Figures it appears that all of the claimed structures are disclosed. However, there is no specific disclosure of the structure recited in claims 39-42, the digit protecting portion having a first and second digit protecting portions (that are connected), the mounting rail (shown in figure 9) receiving both a first digit protecting portion and a second digit protecting portion, a second mounting rail on a portion of the digit portion corresponding to a second phalange and the second digit protecting portion received by the second mounting rail, making the inventive concept unclear.
Claim Rejections - 35 USC § 112(a)
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.
Claim 26 is 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 26 recites “where the mounting rail is removable.”, which is unclear since the Specification gives no clear description of the mounting rail as being removable as claimed. Claim 24 recites that the digit portion has a mounting rail which is disclosed in Applicant' s Specification in [0045], “FIG. 9 illustrates a perspective view of another embodiment of a reinforced hand protector. Glove 81 includes main body 90 and digit portions 91. Digit portion 91 may include one or more mounting rails 92.”, and discloses in [0046] “Mounting-rail attachment 100 may be located on an inner portion of digit protector 80 and may interface with a device such as mounting rail 92 illustrated in FIG. 9.”, therefore, based on applicant’s disclosure, it appears that the mounting rail is attached to the digit portion of the glove, with the mounting rail attachment of the digit protector interfacing with the mounting rail, and does not appear disclose or show in figure 9 the mounting rail 92 as being removable. Additionally, it is noted with regards to the mounting-rail attachment 100, [0046] further discloses “A single, such as 102, or multiple attachments may be connected to one or both sides of a digital portion and may alternatively have a hook and loop or other means of attaching to the underlying digit or glove.”, in which the mounting-rail attachment appears to have a hook and loop mechanism for attaching to a digit or glove, making the mounting-rail attachment removable. Therefore, there appears to be no disclosure of the mounting rail as being removable as claimed and therefore, claim 26 fails to meet the written description requirement.
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 26 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 26 recites “where the mounting rail is removable.”, which is indefinite since it is unclear as to how the mountain rail is removable. Applicant’s specification in [0045] discloses “FIG. 9 illustrates a perspective view of another embodiment of a reinforced hand protector. Glove 81 includes main body 90 and digit portions 91. Digit portion 91 may include one or more mounting rails 92.”, therefore, based on applicant’s disclosure, it appears that the mounting rail is attached to the digit portion of the glove, with the mounting rail attachment of the digit protector interfacing with the mounting rail, and does not appear disclose or show in figure 9 the mounting rail 92 as being removable. Examiner notes: that claim 24 recites the “the digit portion is connected to the main body and has a mounting rail on a portion of the digit portion”, in which the mounting rail is on the digit portion. Additionally, it is noted with regards to the mounting-rail attachment 100, [0046] further discloses, “A single, such as 102, or multiple attachments may be connected to one or both sides of a digital portion and may alternatively have a hook and loop or other means of attaching to the underlying digit or glove.”, in which the mounting-rail attachment is disclosed as interfacing with the mounting rail or alternatively having a hook and loop mechanism for attaching to a digit or glove, making the mounting-rail attachment removable. Therefore, it is unclear as to how the mounting rail, as recited in claim 24, as shown in figure 9 and as disclosed in [0045] and [0046] interfaces with the mounting rail attachment is removable. If applicant intends to claim the mounting rail attachment as being removable, examiner suggests using the claim language to clarify the structures of the mounting rail and the mounting rail attachment. For purposes of examination, based on Applicant’s disclosure in [0046], examiner is interpreting the limitation as the mounting rail including the mounting rail attachment based.
All dependent claims are rejected for depending from a rejected base claim.
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 24-25, 29, 31, and 33-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (2012/0054942)[Kim].
Regarding claim 24, Kim teaches, A hand protector A hand protector (10, figures 1 and 2) comprising: a main body; a digit portion; where the digit portion is connected to the main body (“The lacrosse glove 10 includes a main body 12 having a rear section 14. Multiple finger sections 16 configured to receive a wearer's fingers extend from a first end of the main body 12. A thumb section 18 configured to receive a wearer's thumb extends from a side region of the main body 12. The side regions of the finger sections 16 may include durable material (e.g., leather) or a breathable material (e.g., mesh). The palm section of the glove (not shown) opposite the rear section may include a durable material, and may optionally include openings or breathable material in one or more regions to provide ventilation to a wearer's hand.”, [0015], therefore,10 comprising 12; 16; where 16 is connected to 12, figures 1 and 2); and has a mounting rail on a portion of the digit portion corresponding to at least one phalange (“As shown in FIGS. 1 and 2, each finger section 16, and optionally the thumb section 18, includes a reinforcing element 30 attached to a rear surface of the finger section 16. In one embodiment, each reinforcing element 30 includes an inner rib section 32 and an outer casing 34.”, [0018], “The inner rib section 32 optionally includes a plurality of raised projections 33 for protecting a wearer's fingers from stick slashes and other hard impacts.”, [0019], therefore, 10 has 32 on a portion of 16 corresponding to at least one phalange, figure 2).
Regarding claim 25, Kim teaches, where the mounting rail is shaped and configured to receive at least one digit protecting portion having a digit facing surface and an exterior surface (“As shown in FIGS. 1 and 2, each finger section 16, and optionally the thumb section 18, includes a reinforcing element 30 attached to a rear surface of the finger section 16. In one embodiment, each reinforcing element 30 includes an inner rib section 32 and an outer casing 34.”, [0018], “The inner rib section 32 optionally includes a plurality of raised projections 33 for protecting a wearer's fingers from stick slashes and other hard impacts.”, [0019], “each outer casing 34 is positioned over a corresponding inner rib section 32 and stitched to the rear of a finger section to hold the inner rib section 32 in place.”, [0021], therefore, where 32 is shaped and configured to receive at least one 34 having a digit facing surface (the surface of 34 facing the user’s digit, shown in figure 2) and an exterior surface (the surface facing away from the user’s digit, shown in figure 2), figure 2).
Regarding claim 29, Kim 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 a digit (“The outer casing 34 is preferably made of a plastic material but could also be made of an elastomeric material or another material suitable for protecting the rear of a wearer's fingers from stick slashes and other hard impacts.”, [0020]. “The sports gloves described herein provide increased protection to the fingers and thumb against stick slashes and other hard impacts, while allowing sufficient flexibility for a wearer to grip a lacrosse stick, hockey stick, or other sporting good.”, [0025], therefore, where 34 is shaped and configured to pass at least some of a force received by the exterior surface of 34 away from a digit, figures 1 and 2).
Regarding claim 31, Kim 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 (“The outer casing 34 is preferably made of a plastic material but could also be made of an elastomeric material or another material suitable for protecting the rear of a wearer's fingers from stick slashes and other hard impacts.”, [0020]. “The sports gloves described herein provide increased protection to the fingers and thumb against stick slashes and other hard impacts, while allowing sufficient flexibility for a wearer to grip a lacrosse stick, hockey stick, or other sporting good.”, [0025], therefore, where 34 is shaped and configured to pass at least some of a force received by the exterior surface of 34 to an item being held).
Regarding claim 33, Kim teaches, where the digit protecting portion is fixedly connected (“As shown in FIGS. 1 and 2, each finger section 16, and optionally the thumb section 18, includes a reinforcing element 30 attached to a rear surface of the finger section 16. In one embodiment, each reinforcing element 30 includes an inner rib section 32 and an outer casing 34.”, [0018], “The inner rib section 32 optionally includes a plurality of raised projections 33 for protecting a wearer's fingers from stick slashes and other hard impacts.”, [0019], therefore, where 34 is fixedly connected, figures 1 and 2).
Regarding claim 34, Kim 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 34 is curved or multi-sided in at least part of a cross section of 34, figure 2, see figure 2 in which the top of 34 is curved or multi-sided in at least part of a cross section).
Regarding claim 35, Kim teaches, where the digit protecting portion also has a least one foot (where 34 also has a least one foot, the foot being located at the top of 34, figure 2).
Regarding claim 36, Kim teaches, where the main body is shaped and configured to attach to a wrist or forearm (“A cuff region 20 extends from a second end of the main body 12. The cuff region 20 is optionally extendable such that the amount of wrist coverage it provides may be adjusted. The cuff region 20, for example, may be elastically attached to an interior of the main body 12 and may include hook and loop fasteners or other suitable attachment mechanisms to allow the cuff region 20 to be attached at a desired location on the inside of the main body 12.”, [0016], therefore, where 12 is shaped and configured to attach to a wrist or forearm, figure 1).
Regarding claim 37, Kim teaches, where the main body is shaped and configured to encircle a wrist or forearm (“A cuff region 20 extends from a second end of the main body 12. The cuff region 20 is optionally extendable such that the amount of wrist coverage it provides may be adjusted. The cuff region 20, for example, may be elastically attached to an interior of the main body 12 and may include hook and loop fasteners or other suitable attachment mechanisms to allow the cuff region 20 to be attached at a desired location on the inside of the main body 12.”, [0016], therefore, where 12 is shaped and configured to attach to a wrist or forearm, figure 1).
Regarding claim 38, Kim teaches, where the main body is shaped and configured to at least partially encircle a wrist or forearm (“A cuff region 20 extends from a second end of the main body 12. The cuff region 20 is optionally extendable such that the amount of wrist coverage it provides may be adjusted. The cuff region 20, for example, may be elastically attached to an interior of the main body 12 and may include hook and loop fasteners or other suitable attachment mechanisms to allow the cuff region 20 to be attached at a desired location on the inside of the main body 12.”, [0016], therefore, where 12 is shaped and configured to at least partially encircle a wrist or forearm, figure 1).
Regarding claim 39, Kim teaches, where the digit protecting portion is a first digit protecting portion and the mounting rail is also shaped and configured to receive a second digit protecting portion (“As shown in FIGS. 1 and 2, each finger section 16, and optionally the thumb section 18, includes a reinforcing element 30 attached to a rear surface of the finger section 16. In one embodiment, each reinforcing element 30 includes an inner rib section 32 and an outer casing 34.”, [0018], “The inner rib section 32 optionally includes a plurality of raised projections 33 for protecting a wearer's fingers from stick slashes and other hard impacts.”, [0019], “each outer casing 34 is positioned over a corresponding inner rib section 32 and stitched to the rear of a finger section to hold the inner rib section 32 in place.”, [0021], therefore, where 34 is a first 34 (annotated first digit protecting portion) and 32 is also shaped and configured to receive a second 34 (annotated second digit protecting portion), annotated figure 2).
Regarding claim 40, Kim teaches, where the first digit protecting portion is connected to the second digit protecting portion (where the first 34 (annotated first digit protecting portion) is connected to the second 34 (annotated second digit protecting portion), annotated figure 2).
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.
Claim 26, 28 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (2012/0054942)[Kim] in view of Gait (2006/0130210).
Regarding claim 26, Kim teaches, where the mounting rail (32, [0018], [0019], figure 2).
While Kim in [0021] discloses “the outer casing 34 or the inner rib section 32 may be adhesively attached or otherwise secured to the rear surface of the finger section 16.”, Kim fails to teach, where the mounting rail is removable.
Gait, a hand protection glove with finger protection, Abstract, teaches, a mounting rail, where the mounting rail is removable (“As shown, each partially attached protection section 16 can deflect independently of the adjacent partially attached protection section 16. Also, the partial attachment of each protection section 16 to the dorsal side 14 permits a substantial deflection of each protection section 16 with respect to the dorsal side 14. This deflection allows absorption of an energy force 28, which can be described as a blow to the hand of the user. This absorption by deflection facilitates protection of the hand of a user of a glove 10 while maintaining flexibility in the glove 10.”, [0039], “The partially attached protection sections 16 can be removably secured or permanently fixed to the dorsal side 14. When removably secured each protection section 16 can be attached to the dorsal side 14 through such items such as hooks and loops”, [0041], therefore, 16 has a mounting rail, where the mounting rail of 16 is removable, Examiner notes: see 112 rejections above regarding the mounting rail, examiner has interpreted the mounting rail as being the mounting rail attachment based on Applicant’s Specification in [0046], which discloses the mounting-rail attachment as being removable, and therefore, the mounting rail of 16 of Gait is removable).
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 the mounting rail of Kim as being removable as taught by Gait to in order to allow the user to selectively remove each protection section, [0044], based on the user’s protection preference.
Regarding claim 28, Kim teaches, the mounting rail (32, [0018], [0019], figure 2).
While Kim discloses in [0020] and [0021] that outer casing is positioned over the inner casing (mounting rail), Kim fails to teach, where the mounting rail is hook and loop.
Gait, a hand protection glove with finger protection, Abstract, teaches, a digit portion with a mounting rail, where the mounting rail is hook and loop (“As shown, each partially attached protection section 16 can deflect independently of the adjacent partially attached protection section 16. Also, the partial attachment of each protection section 16 to the dorsal side 14 permits a substantial deflection of each protection section 16 with respect to the dorsal side 14. This deflection allows absorption of an energy force 28, which can be described as a blow to the hand of the user. This absorption by deflection facilitates protection of the hand of a user of a glove 10 while maintaining flexibility in the glove 10.”, [0039], “The partially attached protection sections 16 can be removably secured or permanently fixed to the dorsal side 14. When removably secured each protection section 16 can be attached to the dorsal side 14 through such items such as hooks and loops”, [0041], therefore, a digit portion of the glove 10 on the dorsal side 14 includes a mounting rail of hook and loop for the attachment of 16, in which the mounting rail is hook and loop as claimed, figure 3, Examiner notes: based on Applicant’s Specification in [0046], which discloses the mounting rail attachment as having a hook and loop mechanism for attaching to a digit or glove, therefore, examiner is interpreting the mounting rail in claim 28 as being the hook/loop fastener attached to the digit portion corresponding to the hook/loop fastener on the mounting rail attachment).
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 the mounting rail of Kim as being hook and loop as taught by Gait to in order to allow the user to selectively remove each protection section, [0044], based on the user’s protection preference.
Regarding claim 32, Kim teaches, the digit protecting portion (34, [0021], [0022], figure 2).
While Kim discloses 34 as being positioned over 32 in [0021], Kim fails to teach, where the digit protecting portion is removable.
Gait, a hand protection glove with finger protection, Abstract, teaches, where the digit protecting portion is removable (“As shown, each partially attached protection section 16 can deflect independently of the adjacent partially attached protection section 16. Also, the partial attachment of each protection section 16 to the dorsal side 14 permits a substantial deflection of each protection section 16 with respect to the dorsal side 14. This deflection allows absorption of an energy force 28, which can be described as a blow to the hand of the user. This absorption by deflection facilitates protection of the hand of a user of a glove 10 while maintaining flexibility in the glove 10.”, [0039], “The partially attached protection sections 16 can be removably secured or permanently fixed to the dorsal side 14. When removably secured each protection section 16 can be attached to the dorsal side 14 through such items such as hooks and loops”, [0041], therefore, 16 is removable).
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 digit protecting portion of Kim as being removable as taught by Gait to in order to allow the user to selectively remove each protection section, [0044], based on the user’s protection preference.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (2012/0054942)[Kim] in view of Robinson (5,853,210).
Regarding claim 27, Kim teaches, where the mounting rail (32, [0018], [0019], figure 2).
Kim fails to teach, where the mounting rail is T-shaped.
Robinson, a glove with a mount for attaching a device, Abstract, teaches, a mounting rail, where the mounting rail T-shaped (“FIG. 3 also depicts a receptacle 70 which secures an accommodating base of an actuator device. Receptacle 70 includes a first open end 72, an opposed closed end 74, and two guide rails 76.”, Col. 5 ln. 56-60, “To provide maximum stability and control, the actuator component is provided with a base that has a molded attachment coupling which slides into and a mounting attachment affixed to the glove.”, Col. 8 ln. 63-66, therefore, where 70/76 is T-shaped, figures 2 and 3 Examiner notes: 70/76 is a mounting rail which interfaces with a mounting attachment on a device which is shown in figures 2 and 3).
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 the mounting rail of Kim as being T-shaped as taught by Robinson to in order to provide a mounting rail that allows for “an attachment coupling which slides into and a mounting attachment affixed to the glove.”, Col. 8 ln. 61-66, to “securely hold the base of a device”, Col. 2 ln. 13-15.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (2012/0054942)[Kim] in view of Winningham et al. (2006/0253951) [Winningham].
Regarding claim 30, Kim 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 (“The outer casing 34 is preferably made of a plastic material but could also be made of an elastomeric material or another material suitable for protecting the rear of a wearer's fingers from stick slashes and other hard impacts.”, [0020]. “The sports gloves described herein provide increased protection to the fingers and thumb against stick slashes and other hard impacts, while allowing sufficient flexibility for a wearer to grip a lacrosse stick, hockey stick, or other sporting good.”, [0025], therefore, where 34 is shaped and configured to pass at least some of a force received by the exterior surface of 34, figures 1 and 2).
Kim fails to teach, the digit protecting portion is configured to pass at least some of a force received by the exterior surface of the digit protecting portion around a digit.
Winningham, a protective glove with shielding for protection equipment , Abstract, [0023], teaches, the digit protecting portion is configured to pass at least some of a force received by the exterior surface of the digit protecting portion around a digit (“As described herein, the shielding is included in a protective glove for use in sporting activities, such as lacrosse or hockey.”, [0023], “The shielding 10 generally includes multiple relatively rigid, hard, impact resistant segments or shielding elements 12, 14, 16 joined with one another by a material 18”, [0024], “The individual shielding elements 12, 14, 16 can be constructed from any suitable material, optionally rigid, impact resistant materials, that is, materials that retain their shape without substantial external support and are adapted to withstand instant or rapid loading caused by impacts without fracturing.”, [0025], “One or more of the shielding elements can include a curved or contoured cross section to conform to an appendage of a wearer of the protective sporting equipment.”, [0026], “As best shown in FIG. 4, each of the shielding elements 12, 14, 16 have opposite sides 22, 23 establishing a width extending between opposite first and second ends 24, 25 establishing a length. The opposite sides can transition to an upper portion 161 of the shielding element.”, [0027], “In the embodiment illustrated, the shielding elements can be configured to protect joints of an appendage, for example, a digit, of a wearer of protective equipment including the shielding 10. Optionally, the first shielding element 16 can be adapted to overlay and protect a distal phalanx 116 of a wearer's digit, the second shielding element 14 can be adapted to overlay and protect a middle phalanx 114 of a wearer's digit, and a third shielding element 12 can be adapted to overlay and protect a proximal phalanx 112 of a wearer's digit.”, [0028], “As shown in FIG. 4, the shielding element 12 is represented as a proximal portion of a finger or thumb segment for protecting an area near the knuckles of a hand, with the shielding element 14 being a mid-portion, and the shielding element 16 being a distal portion for protecting the tips of the fingers or thumbs.”, [0032], therefore, 12/14/16 is configured to pass at least some of a force received by the exterior surface of 12/14/16 around a digit, figures 1-4).
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 digit protecting portion of Kim as being configured to pass at least some of a force around a digit as taught by Winningham in order to provide additional protection for the side of the users fingers and comfort since the “the shielding elements can include a curved or contoured cross section to conform to an appendage of a wearer of the protective sporting equipment.”, [0026].
Allowable Subject Matter
Claims 41 and 42 are not rejected with prior art.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 5,815,843 by Brillhart discloses an accessory fastener for garments, the fastener having a mounting rail and a mounting rail attachment that slidably interlock.
2. 2018/0317578 by Furukawa discloses a glove with digit protecting portions covering first and second phalanges, the digit protecting portions are connected and have a leg.
3. 1,951,190 by Gambee discloses a glove with digit protecting portions covering first and second phalanges, the digit protecting portions are connected.
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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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732