DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s amendment, filed 29 January 2026, is reviewed and entered. This Office Action is a final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1
Newly Added
16-20
Pending
1-20
Presented for Examination
1-20
Response to Arguments
Applicant's arguments filed 29 January 2026 have been fully considered but they are not persuasive.
Double Patenting
Applicant argues the reference claim 1 does not teach all the limitations of the present claim 1. The double patenting rejection is a non-statutory rejection and not a statutory rejection. Although the claims at issue are not identical, they are not patentably distinct from each other for the reasons set forth in the double patenting rejection below.
103 Rejections
The newly amended subject matter is addressed in the rejections below. The amendment to claim 1 has further defined the function finger cover, which has resulted in a new interpretation of Bautista’s glove.
Applicant argues that Bautista does not disclose a trap. Bautista discloses a trap to the extent claimed. Therefore, Bautista reads on the claimed trap.
In light of the above, the rejection is believed to be proper.
Election/Restrictions
The present disclosure is drawn to four different hand covering embodiments:
Species A, FIGS 18A and 19A, having four finger stalls and padding 136
Species B, FIGS 18B and 19B, having four finger stalls and an absence of padding
Species C, FIGS 18C and 19C, having three finger stalls
Species D, FIGS 18D and 19D, having a shroud 142
Because all of the claims are specific to Species B, Species B is elected by original presentation.
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 1-2, 6, and 15-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, and 13-18 of copending Application No. 19/172,757 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Present claim 1 is broader than reference claim 14, thus reference claim 14 anticipates present claim 1. Regarding the limitation "the rear portion having a finger cover for selectively covering the at least one finger stall and a thumb cover for selectively covering the at least one thumb stall," although the reference claim 1 does not expressly disclose the rear portion of the glove has as finger and thumb cover, the reference front and rear covers in combination define a space for receiving a hand, which would obviously include a finger and thumb. Therefore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the rear portion with a finger and thumb cover, which is to say, a portion that would cover the wearer’s finger and thumb, for the purpose of providing a known glove construction.
Regarding the finger covering and donning positions of the finger cover and thumb covering and donning positions of the thumb cover, these are functional recitations that do not limit the structure of the glove. The recitation “configured for moving between a finger/ thumb covering position and a finger/ thumb donning position” is an intended use recitation. A recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Because the prior art reference and the claimed invention are structurally identical, they are expected to be capable of being used in the same manner, and the prior art reference reads on the intended use recitation in the claim.
Applicant is respectfully reminded that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case the reference claim 1 glove is capable of moving between a finger covering position, such as when the glove is being worn, and a finger donning position, such as when the glove is not being worn.
Present claim 2 is anticipated by reference claim 14
Present claim 6 is anticipated by reference claim 15.
Present claim 15 is anticipated by reference claim 5.
Present claims 16-18 are anticipated by reference claims 16-18.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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, “completely uncovered” in claim 19 (FIGS 15-17 show the finger donning position and FIG 16 shows the finger stall 124 and FIG 17 shows the thumb stall 126; FIGS 16-17 appear to show that the dorsal sides of the finger and thumb stalls are uncovered, but it cannot be determined that any other portion of the stall, such as the palmar side, is also uncovered; therefore, the figures do not support the stall being “completely uncovered”) 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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “completely uncovered” in claim 19. Para. 00136 supports the stalls being “uncovered,” but not “completely uncovered.”
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 19 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. The new matter is “completely uncovered” in claim 19. As set forth in the drawing and specification objections above, the disclosure supports “uncovered” but not “completely uncovered.”
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 19 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.
Claim 19 is indefinite because it is not clear if the donning positions are structural or functional recitations. Claim 19 further defines the structure of the positions, which suggests they are intended to be structural recitations; however, claim 19 depends from claim 1 which clearly functionally recites the donning positions (“configured for moving between… a… donning position”).
Claim Rejections - 35 USC § 103
Claim(s) 1-15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bautista (US 8387168 B2) in view of Morrow et al. (US 7530120 B2).
As to claim 1, Bautista discloses a goalkeeper catching glove (“glove for hockey,” title, capable of being used for goalkeeper catching) comprising:
a front portion (palm flap 33 which includes 26, 56, and 90) defining a cuff region (at wrist flap 26), a thumb region (at thumb pad pocket 90), a finger region (see annotated FIG 10 below), and a palm region (at 33, at 56),
the palm region having a concave exterior surface (outer surface 56; FIGS 1-10 show the glove is pre-curved, resulting in a concavely curved exterior surface of the palm region);
a rear portion connected to the front portion (main glove body 76), the rear portion having a finger cover for selectively covering the at least one finger stall (edge flap 32 which covers a portion of the little finger) and a thumb cover for selectively covering the at least one thumb stall (92 which includes 62),
the finger cover being configured for moving between a finger covering position and a finger donning position (capable of being moved and intended to be moved, the covering position is when 32 is connected to 31 via fasteners 46 and 48, and the finger donning position is when 31 and 32 are separated as shown in FIGS 9-10), in the finger covering position, the finger cover covering the at least one finger stall (FIG 3), in the finger donning position, the finger cover being positioned such that the at least one finger stall is uncovered (FIGS 4-5 and 8-10, in the donning position shown in FIGS 4-5 a portion of the finger stall would be uncovered and in the donning position shown in FIGS 8-10 a greater portion of the finger stall would be uncovered),
the thumb cover being configured for moving between a thumb covering position and a thumb donning position (capable of being moved and intended to be moved, see FIGS 1-10), in the thumb covering position, the thumb cover covering the thumb stall (FIGS 3-7), in the thumb donning position, the thumb cover being positioned such that the thumb stall is uncovered (FIGS 8-10),
the finger cover being configured to move between the finger covering position and the finger donning position separately of the thumb cover (capable of moving, e.g. 31 and 32 may be folded toward or away from one another without disengaging 92 or 62 from 90); and
a trap connected to at least one of the front portion or the rear portion (the term “trap” is not limited to any particular structure; see annotated FIG 1 below which shows the trap connected to the rear portion), the trap extending in a gap defined between the thumb region and the finger region (see annotated FIG 1 below, the gap is occupied by the trap), the trap extending between distal portions of the thumb region and the finger region (see annotated FIG 1 below), the trap being configured for catching a hockey puck therein (capable of catching).
Bautista does not disclose a hand covering configured for receiving a hand of a goalkeeper, and the hand covering being selectively removably connected to an inner side of the front portion, the hand covering having at least one finger stall and a thumb stall, the at least one finger stall being selectively connected to the inner side of the front portion along the finger region, the thumb stall being selectively connected to the inner side of the front portion along the thumb region.
Bautista does disclose a removable moisture trap liner (combination of 80 and 82, col 6 line 1-2 describes the liners as being removable for washing or replacing) which is equivalent to a hand covering, but does not expressly disclose the structure of the liner/ hand covering.
Morrow teaches a similar front portion (FIGS 1-2), rear portion (FIGS 1-2), and hand covering (150), the hand covering configured for receiving a hand of a goalkeeper (capable of receiving and intended to receive), and the hand covering being selectively removably connected to an inner side of the front portion (capable of being removable connected, and intended to be removably connected, at least via friction), the hand covering having at least one finger stall and a thumb stall (FIG 7), the at least one finger stall being selectively connected to the inner side of the front portion along the finger region (via friction and/ or the hook and loop fastening system 131), the thumb stall being selectively connected to the inner side of the front portion along the thumb region (via friction and/ or the hook and loop fastening system 131).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the front and rear portions of Bautista with a hand covering as taught by Morrow, either in addition to or in lieu of Bautista’s lining/ hand covering for the purpose of providing additional hand padding and to absorb moisture for improved comfort and protection of the front and rear portions.
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As to claim 2, Bautista as modified discloses the goalkeeper catching glove of claim 1, wherein the hand covering is selectively removably connected to an inner side of the front portion via hook and loop fasteners (this is the result of the modification presented in the rejection of claim 1 above, where Morrow’s hand covering is connected to the inner side of the front portion via Morrow’s hook and loop fastening system 131).
As to claim 3, Bautista as modified discloses the goalkeeper catching glove of claim 2, wherein: the hook and loop fasteners comprise at least one first fabric strip and a plurality of second fabric strips (Morrow discloses one first fabric strip 127 and one second fabric strip 129; see modification below regarding “a plurality of second fabric strips”);
the at least one first fabric strip having one of hooks and loops (Morrow col 7 line 20-35);
the plurality of second fabric strips having an other one of hooks and loops (Morrow col 7 line 20-35);
the at least one first fabric strip being connected to the inner side of the front portion along the finger region and the thumb region (Morrow FIGS 4 and 8); and
Bautista as modified does not disclose the second fabric strip is a plurality of fabric strips; and at least one second fabric strip connected to the at least one finger stall and at least one second fabric strip connected to the thumb stall.
Morrow FIG 7 does disclose strip 129 is on the palm portion and is “connected to” all of the components of the hand covering, either by direct contact or indirectly via other components of the hand covering. However, for the purpose of examination, strip 129 is being considered to be the equivalent of the palm portion second fabric strip recited in claim 4.
Both the present fasteners and the prior art fasteners are intended to keep an inner glove positioned within an outer glove in the desired position. One of ordinary skill would recognize that the number of fasteners and placement of fasteners would be a matter of obviousness. Since Morrow already discloses fasteners 127 and 129, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to duplicate these fasteners to provide them on other portions of the glove and hand covering, since mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI)(B).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the second fabric strip being a plurality of fabric strips; and at least one second fabric strip connected to the at least one finger stall and at least one second fabric strip connected to the thumb stall, such as by duplicating strips 129 and 127 and providing them additionally on a finger stall and the thumb stall, for the purpose of providing a sufficient number of fasteners to keep the gloves in the desired relative position while not providing so many fasteners as to make donning and doffing burdensome.
Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide at least one second fabric strip connected to the at least one finger stall and at least one second fabric strip connected to the thumb stall, for the purpose of keeping the finger stall and thumb stall in the desired position.
As to claim 4, Bautista as modified discloses the hand covering has a palm portion (Morrow FIG 7) and the at least one first fabric strip is connected to the inner side of the front portion along the palm region (Morrow FIG 4); and the plurality of second fabric strips includes at least one second fabric strip connected to the palm portion (Morrow 129 in FIG 7).
As to claim 5, Bautista as modified discloses the goalkeeper catching glove of claim 3, wherein: the hand covering is a glove (Morrow FIG 7); the at least one finger stall is four finger stalls (Morrow FIG 7), but does not disclose the at least one second fabric strip connected to the at least one finger stall is at least four second fabric strips connected to the four finger stalls, with each of the four finger stalls having at least one second fabric strip of the at least four fabric strips connected thereto.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the at least one second fabric strip connected to the at least one finger stall is at least four second fabric strips connected to the four finger stalls, with each of the four finger stalls having at least one second fabric strip of the at least four fabric strips connected thereto, for the purpose of keeping the finger stalls in the desired position.
As to claim 6, Bautista as modified discloses the goalkeeper catching glove of claim 1, wherein: the hand covering is a glove (Morrow FIG 7); and the at least one finger stall is four finger stalls (Morrow FIG 7).
As to claim 7, Bautista as modified discloses the goalkeeper catching glove of claim 1, wherein: the at least one finger stall is selectively connected to the inner side of the front portion along the finger region at any finger position of a plurality of finger positions (this is the result of the modification presented in the rejection of claim 1 above, where Morrow’s hand covering is selectively connected to the inner side of the front portion via friction and/ or Morrow’s hook and loop fastening system 131); and the thumb stall is selectively connected to the inner side of the front portion along the thumb region at any thumb position of a plurality of thumb positions (this is the result of the modification presented in the rejection of claim 1 above, where Morrow’s hand covering is selectively connected to the inner side of the front portion via friction and/ or Morrow’s hook and loop fastening system 131).
As to claim 8, Bautista discloses the goalkeeper catching glove of claim 1, wherein: an edge of the thumb cover is connected to the thumb region of the front portion (Bautista col 5 line 40-45 discloses “The thumb pad 92 is releasable fastened to the thumb pad pocket 90 by the releasable engagement of hook portion 94 on the inside of said pocket with loop portion 96 on the outside of thumb pad 92.”); and the thumb cover pivots between the thumb covering position and thumb donning position (Bautista FIGS 1-10, the thumb cover is the combination of the 92 and 62, and FIG 7 shows at least 62 pivots).
As to claim 9, Bautista does not disclose the goalkeeper catching glove of claim 8, further comprising a buckle fastening the thumb cover in the thumb covering position.
Bautista does disclose a hook and loop fastening the thumb cover in the thumb covering position (see the rejection of claim 8 above).
It is known in the art that various types of fastening mechanisms are functionally equivalent. Hook and loop, button and buttonhole, hook and catch, snaps, buckles, and adhesive are a few examples. These fasteners may be used interchangeably depending upon the desired aesthetic effect. Further, the specification does not give an indication of why the buckle would be desirable over another fastener type.
Therefore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a buckle in addition to or in lieu of hook and loop, for the purpose of providing a known fastener for achieving the desired glove fit.
As to claim 10, Bautista discloses the goalkeeper catching glove of claim 1, wherein: an edge of the finger cover is connected to the finger region of the front portion (Bautista an edge of 32 is connected to 31 via 46 and 48); and the finger cover pivots between the finger covering position and finger donning position (Bautista FIGS 1-10).
As to claim 11, Bautista discloses the goalkeeper catching glove of claim 10, further comprising a flap selectively connecting the finger cover in the finger covering position (Bautista flap 31 connects 32 via hook and loop 46 and 48).
As to claim 12, Bautista discloses the goalkeeper catching glove of claim 11, wherein the flap selectively connects to the finger cover via hook and loop fasteners (Bautista 46 and 48).
As to claim 13, Bautista discloses the goalkeeper catching glove of claim 1, further comprising a cuff pad connected to the inner side of the front portion along the cuff region (the term “cuff pad” is not limited to any particular structure, Bautista 52 in FIG 5 has all of the structure of the claimed cuff pad).
As to claim 14, Bautista discloses the goalkeeper catching glove of claim 1, wherein the rear portion has a cuff cover connected to and movable with the finger cover (Bautista 18).
As to claim 15, Bautista discloses the goalkeeper catching glove of claim 1, wherein: the front portion comprises an impact resistant member (one or more of the hydrophilic and hydrophobic layers disclosed in Bautista col 5 line 60- col 6 line 5, elements 48 or 56, outer thumb flap 36, etc., and all of these “members” resist impact to at least some degree by providing a layer between the wearer and the impacting object); the impact resistant member is disposed at least in the thumb region, the finger region, and the palm region (all of the claimed regions have at least one of the “members”); and the impact resistant member biases the goalkeeper catching glove toward an at rest position (all of the elements in combination, including the member, help in biasing the glove toward an at rest position, which is the position shown in the figures).
As to claim 19, Bautista discloses the goalkeeper catching glove of claim 1, wherein: in the finger donning position, the finger cover is positioned such that the at least one finger stall is completely uncovered (to the degree disclosed by Applicant, this is the result of the modification presented in the rejection of claim 1 above, see Bautista FIGS 8-10); and in the thumb donning position, the thumb cover being positioned such that the thumb stall is uncovered (to the degree disclosed by Applicant, this is the result of the modification presented in the rejection of claim 1 above, see Bautista FIGS 8-10).
As to claim 20, Bautista discloses the goalkeeper catching glove of claim 1, wherein:
an edge of the thumb cover is connected to the thumb region of the front portion (the edge of 62 is connected to 90 as shown in FIG 6);
the thumb cover pivots between the thumb covering position and thumb donning position about the edge of the thumb cover (Bautista FIG 7 shows 62 pivots between a thumb covering position and a thumb donning position);
an edge of the finger cover is connected to the finger region of the front portion (an edge of 32 is connected to 31 via 46 and 48);
the finger cover pivots between the finger covering position and finger donning position about the edge of the thumb cover (FIGS 1-10); and
the edge of the thumb cover and the edge of the finger cover are disposed on opposite sides of the goalkeeper catching glove (opposite lateral sides, where the edge of the thumb cover is on the thumb side and the edge of the finger cover is on the little finger side).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bautista (US 8387168 B2) in view of Morrow et al. (US 7530120 B2) as applied to claim 1 above, and further in view of Goldsmith (US 5551083 A).
As to claim 16, Bautista does not disclose the goalkeeper catching glove of claim 1, wherein the trap comprises a webbing.
Goldsmith teaches a similar glove (“Sports catch glove with stiffener having a dish shape,” title) including a trap connected to at least one of the front portion or the rear portion (the term “trap” is not limited to any particular structure; see annotated FIG 2 below), the trap extending in a gap defined between the thumb region and the finger region (FIG 2, the gap is occupied by the trap), the trap extending between distal portions of the thumb region and the finger region (FIG 2), the trap being configured for catching a hockey puck therein (capable of catching);
wherein the trap comprises a webbing (see annotated FIG 2 below).
Bautista and Goldsmith are both drawn to hockey gloves. The only difference is that Goldsmith teaches an additional trap comprising a webbing.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Bautista glove with a trap/ webbing similar to the one taught by Goldsmith, and by providing that trap/ webbing in a gap between the thumb region and finger region such as the one shown on the dorsal portion of the glove in FIG 10, for the purpose of allowing the wearer to catch a hockey puck in either the web or the palm region (Goldsmith col 3 line 5-10).
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As to claim 17, Bautista as modified discloses the goalkeeper catching glove of claim 16, wherein the trap further comprises a reinforcement strip connected to the webbing (this is the result of the modification presented in the rejection of claim 16 above, see annotated Goldsmith FIG 2 below).
As to claim 18, Bautista as modified discloses the goalkeeper catching glove of claim 17, wherein the trap further comprises an edge piece covering a peripheral edge of the reinforcement strip (this is the result of the modification presented in the rejection of claim 16 above, see annotated Goldsmith FIG 2 below).
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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 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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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732