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 .
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 thermal layer comprises a shell that encase the inner layer (claim 18), an inner layer and a barrier layer wherein the thermal layer comprises a shell that encases the inner layer and the barrier layer (claim 19), a fingerprint side (claim 12) 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 use of the term Kevlar® (para 0014), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The disclosure is objected to because of the following informalities:
Paragraphs 14, 25-27, 31-33, 36-37, 40, 42 and 51 are objected to for the use of Trademarks without capitalizing each letter of the mark.
Paragraph 0014 includes and acronym (PBI) without spelling out the term in the first instance of use.
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.
Claims 18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 18 recites the limitation "the" with respect to an inner layer. There is insufficient antecedent basis for this limitation in the claim. An inner layer is not positively recited in the claim set. It is unclear what element applicant is referring to. For purposes of examination the claim has been construed to mean “comprises a shell that encases an inner layer of the barrier layer”. Appropriate correction required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 and 14-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-6, 12, 21 and 22 of U.S. Patent No 11,779,069. Although the claims at issue are not identical, they are not patentably distinct from each other, see chart below.
Application 19/0047,047
US Patent 11,779,069
1.A glove layer for a glove configured for use in hazardous environments, comprising :a substrate comprising a palm portion, a dorsal portion opposite the palm portion, and a plurality of finger portions extending from the palm and dorsal portions; and a thermal layer comprising a tape adhesively affixed to the dorsal portion of the substrate, wherein the thermal layer extends over
a plurality of knuckle portions of the dorsal portion of the substrate and at least partially over a dorsal side of the plurality of finger portions, and from the plurality of knuckle portions toward a wrist portion of the dorsal portion,
wherein each of the plurality of finger portions includes an attachment tab extending from each of the finger portions for connecting the finger portions to another glove member.
1. A glove layer for a glove configured for use in hazardous environments, comprising: a substrate comprising a palm portion, a dorsal portion opposite the palm portion, and a plurality of finger portions extending from the palm and dorsal portions;
and an adhesive tape comprising a sheet affixed to the dorsal portion of the substrate,
wherein the sheet extends from one lateral side of the dorsal portion to an opposing lateral side of the dorsal portion and from a plurality of knuckle portions of the dorsal portion to a wrist portion of the dorsal portion, wherein
each of the plurality of finger portions includes an attachment tab extending from a fingertip of each of the finger portions for connecting the finger portions to another glove layer, at least one attachment tab comprises an attachment adhesive tape, and the attachment adhesive tape and the sheet of adhesive tape are an identical material.
2. The glove layer of Claim 1, wherein the thermal layer extends from the plurality of knuckle portions to a wrist portion of the dorsal portion.
2. The glove layer of claim 1, wherein the sheet extends over the plurality of knuckle portions of the dorsal portion of the substrate.
3. The glove layer of Claim 1, wherein the thermal layer extends from the plurality of knuckle portions to at least the fingertips of the plurality of finger portions.
3. The glove layer of claim 2, wherein the sheet extends from the dorsal portion and partially over the plurality of finger portions.
4. The glove layer of Claim 1, wherein the thermal layer extends from one lateral side of the dorsal portion to an opposing lateral side of the dorsal portion.
1. A glove layer for a glove configured for use in hazardous environments, comprising: a substrate comprising a palm portion, a dorsal portion opposite the palm portion, and a plurality of finger portions extending from the palm and dorsal portions;
and an adhesive tape comprising a sheet affixed to the dorsal portion of the substrate,
wherein the sheet extends from one lateral side of the dorsal portion to an opposing lateral side of the dorsal portion and from a plurality of knuckle portions of the dorsal portion to a wrist portion of the dorsal portion, wherein
each of the plurality of finger portions includes an attachment tab extending from a fingertip of each of the finger portions for connecting the finger portions to another glove layer, at least one attachment tab comprises an attachment adhesive tape, and the attachment adhesive tape and the sheet of adhesive tape are an identical material.
5. The glove layer of Claim 1, wherein the thermal layer is .20 to 0.35 mm thick.
12. The glove layer of claim 1, wherein the sheet is 0.20 to 0.35 mm thick and includes adhesive on one side.
6. The glove layer of Claim 1, wherein the thermal layer is configured without dry edge
21. The glove layer of claim 1, wherein the sheet comprises a durable laminate.
7. The glove layer of Claim 1, wherein the thermal layer comprises a pressure sensitive adhesive.
22. The glove layer of claim 1, wherein the sheet comprises a pressure sensitive adhesive.
8. The glove layer of Claim 1, wherein at least one attachment tab comprises an attachment adhesive tape.
1. A glove layer for a glove configured for use in hazardous environments, comprising: a substrate comprising a palm portion, a dorsal portion opposite the palm portion, and a plurality of finger portions extending from the palm and dorsal portions;
and an adhesive tape comprising a sheet affixed to the dorsal portion of the substrate,
wherein the sheet extends from one lateral side of the dorsal portion to an opposing lateral side of the dorsal portion and from a plurality of knuckle portions of the dorsal portion to a wrist portion of the dorsal portion, wherein
each of the plurality of finger portions includes an attachment tab extending from a fingertip of each of the finger portions for connecting the finger portions to another glove layer, at least one attachment tab comprises an attachment adhesive tape, and the attachment adhesive tape and the sheet of adhesive tape are an identical material.
9. The glove layer of Claim 8, wherein the attachment adhesive tape and the thermal layer comprise an identical material.
1. A glove layer for a glove configured for use in hazardous environments, comprising: a substrate comprising a palm portion, a dorsal portion opposite the palm portion, and a plurality of finger portions extending from the palm and dorsal portions;
and an adhesive tape comprising a sheet affixed to the dorsal portion of the substrate,
wherein the sheet extends from one lateral side of the dorsal portion to an opposing lateral side of the dorsal portion and from a plurality of knuckle portions of the dorsal portion to a wrist portion of the dorsal portion, wherein
each of the plurality of finger portions includes an attachment tab extending from a fingertip of each of the finger portions for connecting the finger portions to another glove layer, at least one attachment tab comprises an attachment adhesive tape, and the attachment adhesive tape and the sheet of adhesive tape are an identical material.
14. The glove layer of Claim 1, wherein the substrate comprises a flame inhibiting material.
4. The glove layer of claim 1, wherein the substrate comprises a flame inhibiting material.
15. The glove layer of Claim 1, wherein the substrate comprises a self-extinguishing fleece.
5. The glove layer of claim 1, wherein the substrate comprises a self-extinguishing fleece.
16. The glove layer of Claim 1, wherein the substrate comprises a liquid impermeable barrier.
6. The glove layer of claim 1, wherein the substrate comprises a liquid impermeable barrier.
Claims 10-13 and 17- 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 11,779,069 in view of Sturm US 4,847,918.
US Patent No. 11,779,069 substantially discloses the claimed invention but is silent with respect to the attachment tabs extending from locations adjacent to an end point of the thermal layer, an finger print side of each finger portion, a later side of each finger portion and a thermal layer absent of stitching to an adjacent layer; and a shell that encases an inner layer and/or barrier layer.
The device of Sturm teaches,
With respect to claim 10, wherein each attachment tab (4,7) of the plurality of finger portions extends from a location adjacent an end point (Figures 5-6) of the thermal layer (2).
With respect to claim 11, wherein each attachment tab (4,7) of the plurality of finger portions extends from a knuckle side of each finger portion (Figures 5-6).
With respect to claim 12, wherein each attachment tab (4,7) of the plurality of finger portions extends from a fingerprint side of each finger portion (Figures 5-6).
With respect to claim 13, wherein each attachment tab (4,7) of the plurality of finger portions extends from a lateral side of each finger portion (figure 6).
With respect to claim 17, further comprising an inner layer (4; it is note that 4 is an inner layer with respect to element 8), wherein the thermal layer (2) comprises a shell that encases the inner layer at its entire inner side (Figure 6).
With respect to claim 18, as best understood, further comprising a barrier layer (4), wherein the thermal layer comprises a shell (2) that encases the inner layer at its entire inner side (Figure 6).
With respect to claim 19, further comprising an inner layer (4) and a barrier layer (2, laminate layer), wherein the thermal layer (1) comprises a shell that encases at least the inner side the inner layer and the barrier layer (Figure 5, 6).
With respect to claim 20, wherein the thermal layer (2) is characterized by the absence of stitching to an adjacent layer (1).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the attachment tab of Sturm which surrounds the fingertip and extends from a knuckle (top) side, a lateral side, a fingerprint side in order to provide an improved and strong attachment portion of the inner glove to the outer glove, and the thermal layer being free from stitching to insure proper degree of securement (column 3, line 25) and to provide a shell for providing improved strength and reinforcement.
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.
Claim(s) 1-4, 6, 10-14, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sturm (US 4,847,918).
The device of Sturm teaches,
With respect to claim 1, A glove layer for a glove configured for use in hazardous environments, comprising:
a substrate (2) comprising a palm portion, a dorsal portion opposite the palm portion (Figure 2), and a plurality of finger portions extending from the palm and dorsal portions (Figure 2-3) ; and a thermal layer (1) comprising a tape adhesively affixed to the dorsal portion of the substrate (column 3, lines 20-24), wherein the thermal layer (1) extends over a plurality of knuckle portions of the dorsal portion of the substrate and at least partially over a dorsal side of the plurality of finger portions (Column 3, lines 20-24), and from the plurality of knuckle portions toward a wrist portion of the dorsal portion (figures 3) wherein each of the plurality of finger portions includes an attachment tab (7) extending from each of the finger portions (Figure 7) for connecting the finger portions to another glove member (8).
With respect to claim 2, wherein the thermal layer extends from the plurality of knuckle portions to a wrist portion of the dorsal portion. The adhesive thermal layer is taught to cover the entire surface and therefore would extend from the knuckle portions to a wrist portion as claimed (Column 3, lines 20-25).
With respect to claim 3, The glove layer of Claim 1, wherein the thermal layer extends from the plurality of knuckle portions to at least the fingertips of the plurality of finger portions. The adhesive thermal layer is taught to cover the entire surface and therefore would extend from the knuckle portions to at least the fingertips as claimed (Column 3, lines 20-25).
With respect to claim 4, wherein the thermal layer extends from one lateral side of the dorsal portion to an opposing lateral side of the dorsal portion. The adhesive thermal layer is taught to cover the entire surface and therefore would extend from one lateral side of the dorsal portion to an opposing side of the dorsal portion as claimed (Column 3, lines 20-25).
With respect to claim 6, wherein the thermal layer is configured without dry edge. The language “configured without a dry edge” is functional recitation. The prior art teaches a thermal layer that covers the entire surface and therefor would be configured without a dry edge, as currently recited. See MPEP 2114.
With respect to claim 10, wherein each attachment tab (7) of the plurality of finger portions extends from a location adjacent an end point (Figures 5-6) of the thermal layer (1).
With respect to claim 11, wherein each attachment tab (7) of the plurality of finger portions extends from a knuckle side (Figure 6) of each finger portion.
With respect to claim 12, wherein each attachment tab (7) of the plurality of finger portions extends from a fingerprint side of each finger portion (Figure 6).
With respect to claim 13, wherein each attachment tab (7) of the plurality of finger portions extends from a lateral side of each finger portion (Figures 5-6).
With respect to claim 14, wherein the substrate comprises a flame inhibiting material. (column 2, lines 67-68).
With respect to claim 16, wherein the substrate (1) comprises a liquid impermeable barrier (2; column 4, lines 41-44).
With respect to claim 17, further comprising an inner layer (4; it is note that 4 is an inner layer with respect to element 8), wherein the thermal layer (2) comprises a shell that encases the inner layer at its entire inner side (Figure 6).
With respect to claim 18, as best understood, further comprising a barrier layer (4), wherein the thermal layer comprises a shell (2) that encases the inner layer at its entire inner side (Figure 6).
With respect to claim 19, further comprising an inner layer (4) and a barrier layer (2, laminate layer), wherein the thermal layer (1) comprises a shell that encases at least the inner side the inner layer and the barrier layer (Figure 5, 6).
With respect to claim 20, wherein the thermal layer (2) is characterized by the absence of stitching to an adjacent layer (1).
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 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sturm in view of Zaggl et al. (US 2011/0179549). The device of Strum substantially discloses the claimed invention but is lacking the thermal layer material being a pressure sensitive adhesive and the thermal layer is .20 to .35 mm thick.
With respect to claim 5, the device of Zaggl et al. wherein the thermal layer is .20 to 0.35 mm thick. (table para 0098).
With respect to claim 7, wherein the thermal layer comprises a pressure sensitive adhesive (para 0015).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize an alternative adhesive for the thermal layer having the claimed thickness in order to provide improved joining manipulation and eliminating the need to apply heat thereby simplifying production.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sturm in view of Ragan (US 5,349,705). The device of Ragan substantially discloses the claimed invention but is lacking an attachment tab comprising adhesive tape.
With respect to claim 8, wherein at least one attachment tab (126)comprises an attachment adhesive tape (Column 4 lines 41). It have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the adhesive attachment as taught by Ragan in order to avoid damaging the layers of the glove (column 2, lines 35-37).
With respect to claim 9, wherein the attachment adhesive tape and the thermal layer comprise an identical material. The device of Ragan does not disclose the type of adhesive tape utilize, but is a heat sensitive adhesive tape. A person having ordinary skill in the art would have been motivated at the time the invention as effectively filed to utilize the same material for the heat sensitive adhesive thermal material and the attachment tabs in order to simplify production by utilizing one heat sensitive adhesive material.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sturm in view of Gold (US 5,498,472). The device of Sturm substantially discloses the claimed invention but is lacking a self-extinguishing fleece.
With respect to claim 15, the device of Gold teaches, wherein the substrate comprises a self-extinguishing fleece (10).
It would have been obvious to a person having ordinary skill it the art to utilize an alternative fire resistant materials taught by Strum and utilizing the self-extinguishing fleece taught by Gold in order to provide improved and variable protecting (column 3, lines 5-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732