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 .
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 6-8 are 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 6 recites, “a third coating thickness defined by a plurality of pads”. This recitation is unclear. It is not clear if the “plurality of pads” are formations in the “coating layer” from claim 1 or are formed by a separate second coating in addition to the first coating from claim 1. In claim 1, “grooves” of a “second coating thickness” are explicitly recited as “formed in the coating layer”. Claim 6 has no clear recitation of whether the pads are formed in the coating layer for form the “third coating thickness” or if the pads are formed by an additional coating layer to “the coating” of claim 1.
For this examination, the examiner is using the interpretation of the term “pad” as an additional element added to the surface of what is recited in claim 1.
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) 1-5 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by US 9781959 (Pimentel de Oliviera et al.).
Regarding claim 1, ‘959 discloses: a glove [100, fig. 1], comprising: a body comprising [100 inherently includes ‘a body’]: a palm side [the rightward face shown in fig.1]; a back side opposite the palm side [the leftward face shown in fig.1]; a palm portion located on the palm side [114, fig. 1]; a plurality of finger portions [104, 106, 108, 110], each finger portion of the plurality of finger portions having a tip and a base opposite the tip, wherein the base is positioned along the respective finger portion closer to the palm portion than the tip is positioned to the palm portion [shown explicitly in fig. 1 and inherent to the glove 100 shown in fig. 1]; and a thumb portion [102, fig.1]; and a coating layer coupled to an outer surface of the palm side of the body along the palm portion, the palm side of the plurality of finger portions, and the palm side of the thumb portion [polymeric coating 112, fig. 1 and par 11, detailed description], the coating layer comprising: a first coating thickness [polymeric coating 112 inherently has a first thickness dimension; also shown in fig. 3 Ta is a first thickness of the fabric with coated rows/courses of the fabric]; and a second coating thickness defined by a plurality of grooves formed in the coating layer [figs. 2 and 3 show grooves formed by the interstices of the fabric which do have polymeric coating within the interstices but not completely filling the interstices, par. 12 detailed description; these ‘grooves’ do form a ‘second thickness’ of the coating in the interstices as noted as ta in fig. 3], a first set of grooves of the plurality of grooves positioned at the respective base of each of the plurality of finger portions and a second set of grooves of the plurality of grooves positioned at a first bend region of each of the plurality of the finger portions, the first bend region of each of the plurality of finger portions corresponding to a knuckle of a user and extending from a first side of the respective finger portion to a second side of the respective finger portion opposite the first side [the coating and coated interstices/grooves are located throughout the coating layer 112 which in fig.1 is shown encompassing the ‘base of each finger portion’, all bend regions of all of the fingers and thumb, and all of the finger/thumb portions from ‘side to side’]; and wherein the first coating thickness is greater than the second coating thickness [Ta is explicitly shown in fig. 3 as having a greater thickness dimension than ta; so the first coating thickness in Ta is inherently greater than the second coating thickness of ta].
Regarding claims 2-4, ‘959 discloses: a thumb groove of the plurality of grooves is positioned at a base of the thumb portion, per claim 2; a first palm groove of the plurality of grooves is position on the palm portion and extends laterally across the coating layer below the respective base of each of the plurality of finger portions, per claim 3; and a second palm groove of the plurality of grooves is position of the palm portion and extends from an edge of the palm portion away from the thumb portion and towards a central area of the palm portion [the coating and coated interstices/grooves are located throughout the coating layer 112 which in fig.1 is shown encompassing the ‘thumb and base of thumb’, all of the palm area including claimed base of fingers, center of palm, and thumb to palm from palm edge away from the thumb and toward the center of the palm].
Regarding claim 5, ‘959 discloses: the first coating thickness is less than or equal to 1 mm [Ta in fig. 3 and in par. 13, detailed description is the coating and the fabric thickness; Ta is stated as ‘.24mm’; the combined coating and fabric dimension is less then 1mm so the coating thickness is inherently less than 1mm], and wherein the second coating thickness is less than or equal to 0.5 mm [ta in fig.3 and in par. 15 is shown and explicitly disclosed as less than Ta; the second coating thickness in the interstices/grooves is inherently less than .5mm since Ta is also less than .5mm].
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.
Claim(s) 6-8, to the extent they are understood by the Examiner, is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9781959 (Pimentel de Oliviera et al.) in view of US 6389601 (Kleinert).
Regarding claims 6-8, ‘959 discloses all of claim 1 as noted above. ‘959 does not teach a third coating thickness defined by a plurality of added pad elements placed between the respective tip and the respective first bend region of each finger portion of the plurality of finger portions, per claim 6; the third coating thickness dimension greater than the second coating thickness, per claim 7; nor the range of third coating thickness, per claim 8.
‘601 is referenced as it does explicitly teach pads 102 shown in fig. 3 positioned between the respective tip and the respective first bend region of each finger portion of the plurality of finger portions [see annotated fig. 3 below; also ‘601 teaches explicitly, “The disclosure given is applicable not only to batting gloves, but also to gloves intended for use in various other activities such as, for example, golf, and working in the outdoors to include gardening. Protection for the hands 10 during use in such activities is achieved by measures such as, for example, varying quantity, placement, thickness, dimensions, and elastic qualities of pads, coverings, elastic materials and openings, as appropriate (par. 30, detailed description).”]. Pads 102 are disclosed in par. 29 as formed of rubber foam with thickness dimension of 1/16 inch. The rubber foam can be considered an additional rubber foam covering layer or coating, forming a “third coating thickness”. 1/16 inches is equivalent to 1.58mm. 1.58 mm is greater than the total coating and fabric thickness of Ta. Therefore, the third coating thickness is also inherently greater than the second coating thickness in ta which is explicitly noted as less than that of Ta. 1.58 mm is also within the claimed coating thickness range .2mm to 5mm.
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Therefore it would have been obvious to one of ordinary skill in the art of glove design and manufacture prior to filing the invention to modify the glove disclosed by ‘959 to include the rubber foam pads taught by ‘601 with thickness dimension 1.58mm placed between the finger tip and first bend portion of the finger portion of the glove or in any other areas of the glove depending on the desired areas in need of padding protection for the specific end use application to provide the user’s hands/fingers with added support, protection and comfort at the desired areas of the user hands/fingers during use of the glove in a various end use applications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Various gloves with coatings and variations in glove material thickness/grooves/flexing structures are attached to establish the general state of the prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT H MUROMOTO JR/ Primary Examiner, Art Unit 3732
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