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, 8
Newly Added
16-19
Pending
1-19
Presented for Examination
1-19
Response to Arguments
Applicant's arguments filed 29 January 2026 have been fully considered but they are not persuasive.
103 Rejections
The arguments with respect to the prior art references that are drawn to newly amended claim limitations and are addressed in the rejections below.
Applicant argues against the obviousness rejection, where Sauer is found obviously modifiable to have a first radius of curvature greater than the second radius of curvature. The basis of the rejection is that where there are two radii of curvature as disclosed by Sauer, either the first is greater than the second, the second is greater than the first, or the first and second are equal. Applicant argues two of the three options would make the construction more complicated. This is not persuasive on two grounds. First, even if it would make construction more complicated, it would still be a known, obvious result from which one of ordinary skill could choose. Second, Applicant is reminded that the at rest position and its structure which includes the first and second radius of curvature are functional limitations and are not structural requirements of the claim. In order to read on a functional limitation, the prior art need only be capable of functioning as intended. Because of the flexibility of the Sauer glove, it is capable of having an at rest position, and the at rest position is capable of having a first and second curvature as claimed, depending on how the wearer positions their hand in the glove.
Applicant argues that because Bautista’s inner and outer surfaces are surfaces of a single flap, Bautista does not disclose an outer and inner member. The crux of Applicant’s argument is that a member is a layer. Examiner notes that the noun "member" is broad and has a definition of "a part of a whole" (Noun Defn. No. 4. of Merriam-Webster via merriam-webster.com/dictionary/member). The term “member” is broad enough to include two portions, such as two surfaces of a single layer.
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.
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 space between the outer and inner members (claim 1, it is not clear that any of the figures show the outer and inner members in combination such that it can be determined there is a space therebetween) and the break line (claim 19) 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.
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 1-19 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 1 is rendered indefinite by the two recitations of “a space,” rendering it unclear if there are one or two spaces being recited.
Claim 19 is rendered indefinite by the recitation of the “break line” because it is not clear if the break line is a structural component of the glove, or if the break line is functional, which is to say, the break line forms when the user closes the glove by folding the front portion, and where ever the front portion folds is the “break line.” For the purpose of examination, the “break line” is being treated as a function of folding the front portion.
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 1-8 and 16-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 19/057,654 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because all of the features recited in present claims 1-8 and 16-18 are anticipated or obvious over reference claims 1-18.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1 and 9-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 19/172,825 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because all of the features recited in present claims 1 and 9-18 are anticipated or obvious over reference claims 1-18.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
Claim(s) 1-3, 5-6, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sauer (US 0385728 A) in view of Rumer (US 7954169 B2).
As to claim 1, Sauer discloses a goalkeeper catching glove (“catcher’s glove,” title, capable of being worn by a goalkeeper) configured for moving between an at rest position and a closed position (capable of moving, due to the flexibility of the material), the goalkeeper catching glove comprising:
a front portion defining a cuff region, a thumb region, a finger region, and a palm region (see annotated FIG 1 below),
the palm region extending between the thumb region and the finger region (FIG 1), and between the cuff region and the finger region (FIG 1),the front portion having:
an outer member (one or more of F, G, H, I, J, and K); and
an inner member connected to the outer member (D),
and a space being defined between the portion of the outer member and the portion of the inner member in the at rest position of the goalkeeper glove (capable of being defined and intended to be defined, the at rest position and its structure is only functionally recited and is not a structural requirement of the claim; however, FIGS 3 and 4 show a space between D and one or more of F, G, H, I, J, and K; e.g. the space between D and F is occupied by C);
a rear portion connected to the front portion (FIG 2), the front portion and the rear portion defining therebetween a space for receiving a hand of a goalkeeper (FIGS 3-4), the inner member being disposed between the outer member and the rear portion (FIGS 3-4); and
a trap connected to at least one of the front portion or the rear portion (H between the index finger and thumb in FIG 2), the trap extending in a gap defined between the thumb region and the finger region (see annotated FIG 2 below), the trap extending between distal portions of the thumb region and the finger region (see annotated FIG 2 below), the trap being configured for catching a hockey puck therein (capable of catching a hocking puck).
Sauer does not expressly disclose the palm region having a concave exterior surface.
Sauer FIG 3 shows the entire exterior surface of the front portion is concave, but not specifically the palm region.
Rumer teaches the palm region having a concave exterior surface (FIGS 1-4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the palm region having a concave exterior surface, so that the glove follows the contours of the wearer’s hand at rest for wearer comfort and to prepare the wearer for catching an object in the palm region and so that the glove follows the contours of the object being caught, to secure the object in the glove.
Sauer does not disclose in the at rest position of the goalkeeper catching glove, a portion of the outer member in the palm region having a first radius of curvature, the portion of the outer member having a concave exterior surface,
in the at rest position of the goalkeeper catching glove, a portion of the inner member in the palm region having a second radius of curvature, the portion of the inner member having a concave exterior surface,
the first radius of curvature being greater than the second radius of curvature.
There are only three options for the first and second radii of curvature: 1) the first is greater than the second, 2) the second is greater than the first, or 3) the first and second are equal. One of ordinary skill would recognize that any of the three options would have a reasonable expectation of success. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first radius of curvature being greater than the second radius of curvature, for the purpose of providing a glove shaped to fit the hand of the intended wearer (i.e., curved in the same portions and to the same degree as the intended wearer’s hand), to provide the ability to further close the hand to the desired degree such as for catching an object, and to provide the desired degree of resistance to hyperflexion.
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As to claim 2, Sauer discloses the goalkeeper catching glove of claim 1, wherein the outer member includes a unitary impact resistant member spanning the thumb region, the finger region, and the palm region (F or G).
As to claim 3, Sauer discloses the goalkeeper catching glove of claim 2, wherein the unitary impact resistant member biases the goalkeeper catching glove toward the at rest position (the glove is biased toward the at rest position and all of the component parts bias the glove toward the at rest position).
As to claim 5, Sauer discloses the goalkeeper catching glove of claim 2, wherein the unitary impact resistant member is a molded unitary impact resistant member (The recitation “molded” is considered a product-by-process limitation. Even though product-by-process claims are lim-ited by and defined by the process, determination of patentability is based on the product itself. The patent-ability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113(I).).
As to claim 6, Sauer discloses the goalkeeper catching glove of claim 2, wherein the front portion further comprises a facing connected to a front of the unitary impact resistant member (G is connected to a front of F).
As to claim 16, Sauer does not disclose the goalkeeper catching glove of claim 1, wherein the trap comprises a webbing.
Sauer teaches a glove intended to help the wearer when catching a ball.
Rumer teaches a trap connected to at least one of the front portion or the rear portion (35), the trap extending in a gap defined between the thumb region and the finger region (FIG 1), the trap extending between distal portions of the thumb region and the finger region (FIG 1), the trap being configured for catching a hockey puck therein (capable of catching a hocking puck), and the trap comprises a webbing (“web portion 35”).
The webbing/ web portion 35 is intended to help the wearer catch the ball and retain the ball within the glove.
Therefore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the glove of Sauer with a trap such as the one taught by Rumer, for the purpose of facilitating catching objects and retaining objects in the glove.
As to claim 17, Sauer as modified discloses the goalkeeper catching glove of claim 16, wherein the trap further comprises a reinforcement strip connected to the webbing (Rumer’s lacing 36).
As to claim 18, Sauer as modified discloses the goalkeeper catching glove of claim17, wherein the trap further comprises an edge piece covering a peripheral edge of the reinforcement strip (Rumer FIG 1 shows 34 and 38 cover portions of edge 36).
As to claim 19, as best understood, Sauer discloses the goalkeeper catching glove of claim 1, wherein: the palm region defines a break line (Sauer col 1 line 45-50 discloses the front portion is a flexible material and col 2 discloses the glove may flex with the fingers, so that the front portion is capable of folding, and the point at which the front portion folds is considered to be the break line);the outer member and the inner member are configured such that, as the goalkeeper catching gloves is moved to the closed position, the front portion folds along the break line and the outer member moves toward the inner member (capable of folding, due to the flexibility of the glove).
Claim(s) 4 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sauer (US 0385728 A) in view of Rumer (US 7954169 B2) as applied to claim 1 or 2 above, and further in view of Phillips (US 20030039819 A1).
As to claim 4, Sauer does not disclose the goalkeeper catching glove of claim 2, wherein the unitary impact resistant member is made from plastic.
Sauer’s member is padding for preventing injury by providing a cushion between the wearer’s body and an impact such as an impact from the ball or ground (Sauer col 2 line 90-100).
Phillips teaches a similar unitary impact resistant member (2) including the member is made from plastic (para. 0024 discloses polycarbonate, which is a plastic). Although Phillips’ member is provided on a vest and Sauer’s member is provided on a glove, both members are for cushioning a wearer’s body against impacts during sports (Phillips para. 0007).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide Sauer with Phillips padding, either by replacing Sauer’s padding F or G or by providing Phillips’ padding as an additional layer, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Sauer with Phillips padding, either by replacing Sauer’s padding F or G or by providing Phillips’ padding as an additional layer for the purpose of resisting damage (Phillips para. 0024).
As to claim 7, Sauer discloses the goalkeeper catching glove of claim 2, wherein the front portion further comprises a backing connected to a back of the unitary impact resistant member (F is connected to a back of G), but does not disclose the backing is foam.
Sauer’s member is padding for preventing injury by providing a cushion between the wearer’s body and an impact such as an impact from the ball or ground (Sauer col 2 line 90-100).
Phillips teaches a similar unitary impact resistant member (6 or 8) including a foam backing connected to a back of the unitary impact resistant member (4 is laminated to 6 and 8). Although Phillips’ member is provided on a vest and Sauer’s member is provided on a glove, both members are for cushioning a wearer’s body against impacts during sports (Phillips para. 0007).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace Sauer’s padding F with Phillips’ padding 4/6/8, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, It would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace Sauer’s padding F with Phillips’ padding 4/6/8 for the purpose of resisting damage (Phillips para. 0024).
This modification obviously results in a foam backing (Phillips 4) connected to a back of the unitary impact resistant member (Sauer G).
As to claim 8, Sauer does not disclose the goalkeeper catching glove of claim 1, wherein the inner member is made from foam.
Sauer’s member is padding for preventing injury by providing a cushion between the wearer’s body and an impact such as an impact from the ball or ground (Sauer col 2 line 90-100).
Phillips teaches an inner member (2) including the inner member is made from foam (foam 4, see para. 0024). Although Phillips’ member is provided on a vest and Sauer’s member is provided on a glove, both members are for cushioning a wearer’s body against impacts during sports (Phillips para. 0007).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace Sauer’s padding D with Phillips padding 2, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to replace Sauer’s padding D with Phillips padding 2 for the purpose of resisting damage (Phillips para. 0024).
Claim(s) 1, 14-15, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bautista (US 8387168 B2).
As to claim 1, Bautista discloses a goalkeeper catching glove (“glove,” title, capable of being used for goalkeeper catching) configured for moving between an at rest position and a closed position (capable of being moved, due to the flexibility of the material), the goalkeeper catching glove comprising:
a front portion (combination of 26, 33, and 36) defining a cuff region (wrist flap 26), a thumb region (outer thumb flap 36), a finger region (see annotated FIG 10 below), and a palm region (see annotated FIG 10 below), the palm region having a concave exterior surface (FIGS 1-10 show the glove is pre-curved, resulting in a concavely curved exterior surface of the palm region);
the palm region extending between the thumb region and the finger region, and between the cuff region and the finger region (FIG 10), the front portion having:
an outer member (outer surface 56); and
an inner member connected to the outer member (inside surface 104),
a space being defined between the portion of the outer member and the portion of the inner member in the at rest position of the goalkeeper glove (at least to the degree shown in Applicant’s figures, and as best understood in light of para. 00126 of the instant specification, this is a function of the ability to fold the glove along a break line, and because the Bautista glove is capable of being folded, it is also capable of defining a space as claimed);
a rear portion connected to the front portion, the front portion and the rear portion defining therebetween a space for receiving a hand of a goalkeeper, the inner member being disposed between the outer member and the rear portion; and
a trap connected to at least one of the front portion or the rear portion (see annotated FIG 8 below), the trap extending in a gap defined between the thumb region and the finger region (FIG 8), the trap extending between distal portions of the thumb region and the finger region (see annotated FIG 8 below), the trap being configured for catching a hockey puck therein (capable of catching).
Bautista does not expressly disclose in the at rest position of the goalkeeper catching glove, a portion of the outer member in the palm region having a first radius of curvature, the portion of the outer member having a concave exterior surface,
in the at rest position of the goalkeeper catching glove, a portion of the inner member in the palm region having a second radius of curvature, the portion of the inner member having a concave exterior surface,
the first radius of curvature being greater than the second radius of curvature.
There are only three options for the first and second radii of curvature: 1) the first is greater than the second, 2) the second is greater than the first, or 3) the first and second are equal. One of ordinary skill would recognize that any of the three options would have a reasonable expectation of success. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first radius of curvature being greater than the second radius of curvature, for the purpose of providing a glove shaped to fit the hand of the intended wearer (i.e., curved in the same portions and to the same degree as the intended wearer’s hand), to provide the ability to further close the hand to the desired degree such as for catching an object, and to provide the desired degree of resistance to hyperflexion.
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As to claim 14, Bautista discloses the goalkeeper catching glove of claim 1, wherein the inner member is shaped such that in the at rest position the hand of the goalkeeper received in the space is in a relaxed position (FIG 10, capable of receiving a hand in a relaxed position).
As to claim 15, Bautista discloses the goalkeeper catching glove of claim 1, further comprising a cuff pad connected to an 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 19, Bautista discloses the goalkeeper catching glove of claim 1, wherein: the palm region defines a break line (joint portions 21 and 22);the outer member and the inner member are configured such that, as the goalkeeper catching gloves is moved to the closed position, the front portion folds along the break line and the outer member moves toward the inner member.
Claim(s) 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bautista (US 8387168 B2) as applied to claim 1 above, and further in view of Morrow et al. (US 7530120 B2).
As to claim 9, Bautista does not disclose the goalkeeper catching glove of claim 1, further comprising a hand covering configured for receiving the hand of the goalkeeper; and wherein:
the hand covering is selectively removably connected to an inner side of the inner member; the hand covering has at least one finger stall and a thumb stall; the at least one finger stall is selectively connected to the inner side of the inner member along the finger region; and the thumb stall is selectively connected to the inner side of the inner member along the thumb region.
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 a hand covering as taught by Morrow, for the purpose of providing additional hand padding and to absorb moisture for improved comfort and protection of the remainder of the glove.
As to claim 10, Bautista as modified discloses the goalkeeper catching glove of claim 9, wherein the hand covering is selectively removably connected to the inner side of the front portion via hook and loop fasteners (this is the result of the modification presented in the rejection of claim 9 above, where Morrow’s hand covering is connected to the inner side of the front portion via friction and/ or Morrow’s hook and loop fastening system 131).
As to claim 11, Bautista as modified discloses the goalkeeper catching glove of claim 10, 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 inner member 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.
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 12, Bautista as modified discloses the goalkeeper catching glove of claim 11, 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 13, Bautista as modified discloses the goalkeeper catching glove of claim 9, wherein: the rear portion is movable between a covering position (FIGS 1-7) and a donning position (FIGS 8-10),in the covering position, the rear portion covers the hand covering (this is the result of the modification presented in the rejection of claim 9 above, where Bautista’s glove is worn over Morrow’s hand covering), and in the donning position, the rear portion is positioned such that the hand covering is uncovered (this is the result of the modification presented in the rejection of claim 9 above, where Bautista’s glove is worn over Morrow’s hand covering).
Claim(s) 1 and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Valenti (US 9662561 B1).
As to claim 1, Valenti discloses a goalkeeper catching glove configured for moving between an at rest position and a closed position (“Baseball/softball glove,” title, capable of moving between two positions, such as by folding along 60 to result in a number of positions), the goalkeeper catching glove comprising:
a front portion defining a cuff region, a thumb region, a finger region, and a palm region (see annotated FIG 2 below),
the palm region having a concave exterior surface (FIG 2),
the palm region extending between the thumb region and the finger region (FIG 2), and between the cuff region and the finger region (FIG 2),
the front portion having:
an outer member (42); and
an inner member (44) connected to the outer member (via 60),
a space being defined between the portion of the outer member and the portion of the inner member in the at rest position of the goalkeeper glove (FIG 2);
a rear portion connected to the front portion (FIG 1), the front portion and the rear portion defining therebetween a space for receiving a hand of a goalkeeper (this is implicit in the reference, as gloves are known to have a space for receiving the hand), the inner member being disposed between the outer member and the rear portion (at least portions of 44 are between 42 and the rear portion, at least to the degree shown in Applicant’s figures); and
a trap connected to at least one of the front portion or the rear portion (50), the trap extending in a gap defined between the thumb region and the finger region (FIG 2), 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).
Valenti does not expressly disclose in the at rest position of the goalkeeper catching glove, a portion of the outer member in the palm region having a first radius of curvature, the portion of the outer member having a concave exterior surface,
in the at rest position of the goalkeeper catching glove, a portion of the inner member in the palm region having a second radius of curvature, the portion of the inner member having a concave exterior surface,
the first radius of curvature being greater than the second radius of curvature.
There are only three options for the first and second radii of curvature: 1) the first is greater than the second, 2) the second is greater than the first, or 3) the first and second are equal. One of ordinary skill would recognize that any of the three options would have a reasonable expectation of success. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first radius of curvature being greater than the second radius of curvature, for the purpose of providing a glove shaped to fit the hand of the intended wearer (i.e., curved in the same portions and to the same degree as the intended wearer’s hand), to provide the ability to further close the hand to the desired degree such as for catching an object, and to provide the desired degree of resistance to hyperflexion.
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As to claim 14, Valenti discloses the goalkeeper catching glove of claim 1, wherein the inner member is shaped such that in the at rest position the hand of the goalkeeper received in the space is in a relaxed position (FIG 2, capable of receiving and intended to receive).
As to claim 15, Valenti discloses the goalkeeper catching glove of claim 1, further comprising a cuff pad connected to an inner side of the front portion along the cuff region (the padding disclosed in col 3 line 5-10).
As to claim 16, Valenti discloses the goalkeeper catching glove of claim 1, wherein the trap comprises a webbing (the trap 50 is a webbing, Valenti discloses 50 is a web member).
As to claim 17, Valenti discloses the goalkeeper catching glove of claim 16, wherein the trap further comprises a reinforcement strip connected to the webbing (see annotated FIG 2 above, which shows a lacing at the upper edge of the webbing).
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As to claim 18, Valenti discloses the goalkeeper catching glove of claim 17, wherein the trap further comprises an edge piece covering a peripheral edge of the reinforcement strip (see annotated FIG 2 above, which shows an edge piece of the webbing covering portions of the strip including a peripheral edge of the strip).
As to claim 19, Valenti discloses the goalkeeper catching glove of claim 1, wherein: the palm region defines a break line (60);the outer member and the inner member are configured such that, as the goalkeeper catching gloves is moved to the closed position, the front portion folds along the break line and the outer member moves toward the inner member (capable of folding and moving and intended to fold and move).
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.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732