DETAILED ACTION
This is in response to application filed on August 8th, 2025 in which claims 1-7 are presented for examination.
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 following must be shown or the feature(s) canceled from the claim(s):
Claim 1 Lines 13-16 “thickness of the medial pad at an intersection between the knee pad and the longitudinal pad is substantially equal to the thickness of the medial pad at opposites ides of the intersection” has not been annotated in the Figures; clarification is requested
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 disclosure is objected to because of the following informalities:
[0072] “bottom edge 38e of the facing section 37” should read “bottom edge 38e of the rear section 38”
Appropriate correction is required.
Claim Objections
Claim(s) 1 is/are objected to because of the following informalities:
Claim 1 Line 15 before “thickness” delete “the” and substitute –a—” because thickness of opposite sides has not yet been established
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
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.
Claim(s) 1-7 is/are rejected under U.S.C. 112(b).
The term “closing an opening of the pocket by securing a rear edge of the medial section of the outer shell to a medial edge of the rear section of the outer shell by contouring a perimeter of the knee pad such that a thickness…is substantially equal to the thickness…” in Claim 1 Lines 11-17 is unclear and therefore renders the claim indefinite. Contouring such that two thicknesses are substantially equal is definite. Securing via contouring is also definite. However, it is not clear how such thickness from contouring that results in securement further then results in closing an opening. For the purposes of applying art and providing rejections, the term will be considered met inasmuch as there is an opening, and the recited thicknesses are substantially equal, wherein the thicknesses indicate contouring, which means securement is met, and therefore also the closing of the opening.
The term “thickness of the medial pad at an intersection between the knee pad and the longitudinal pad is substantially equal to the thickness of the medial pad at opposite sides of the intersection” in Claim 1 Lines 13-16 is unclear and therefore renders the claim indefinite. Pending clarification such as through the drawing objections, it is not clear which portions the recitation is referring to, and therefore the metes and bounds of the limitation. For the purposes of applying art and providing rejections, the term is interpreted as best understood.
The term “core volume…knee volume…longitudinal volume” in Claim 7 Lines 1-4 is unclear and therefore renders the claim indefinite. It is unclear how this term differs from “pocket” in Claim 1 Line 2. Based on [0061], these volumes should be established as being of the pocket. For the purposes of applying art and providing rejections, the term will be interpreted as such.
Dependent claims are rejected at the least for depending on rejected claims.
Claim Interpretation
Specific Definitions
The term “monolithically” in Claim 1 Line 7 is specifically defined in [0060]: “’monolithic’ as defined herein with respect to the medial pad 35 is understood to mean that there is no live hinge(s)between the knee pad 35g and the longitudinal pad 35h of the medial pad 35f, and thus that substantially no pivotable or rotational movement therebetween is possible (without permanently deforming the medial pad 35f”
The term “pad” in “knee pad” and “longitudinal pad” beginning in Claim 1 Line 5 is interpreted, based on [0057], as being portions or sections of a single monolithic body
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
As best understood in light of the 112(b) rejections--Claim(s) 1, 3, 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LaBerge et al (USPN 5093931), herein LaBerge.
Regarding Claim 1, LaBerge teaches a method of manufacturing a hockey goalkeeper leg pad (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02; however, for the structure for the methods, see Figs. 1-6, 12; Col. 1 Lines 40-51 "by the present invention, an improved synthetic pad is used, for hockey…it is envisioned that the inventive pad may be used in...goalie leg pads for hockey players"; wherein the embodiment utilized herein is that of Fig. 12; although recitations may be directed to a different embodiment, such as Figs. 1-6, it is understood that Fig. 12 having the same numerals and/or concepts as recited for Figs. 1-6 as applicable would also have the recitations apply to Fig. 12), comprising:
obtaining an outer shell (50) defining a pocket, the outer shell having a facing section, a rear section, a medial section, and a lateral section (see Fig. 12; Col. 5 Line 26 "fabric sack 50", wherein the pocket is the area for core pad 42; wherein the facing section is the face of sack 50 at the label 42; wherein the rear section is the face of sack 50 at the label 50; wherein the medial section is the area of sack 50 labeled 48 on the medial side; wherein the lateral section is the area of sack 50 labeled 48 on the lateral side; Col. 4 Lines 48-55 "hockey goalie pad...20...includes a cosmetic component layer 22...secured to an interior surface 24 of the cosmetic component layer is a soft back pad layer 26"; Col. 4 Lines 64-67 "on a side of the backing pad layer 26, facing the interior surface 24 of the cosmetic component layer 22, is a fabric cover 38 having a zippered opening 40 for receipt of a foam insert layer 42", wherein it is understood how this recitation applies to Fig. 12, especially in light of Fig. 6; Col. 4 Lines 61-63 "possible that pads 30 and 36 are formed of a single soft back pad surrounded by a single fabric cover as is partially shown in Fig. 12"; Col. 5 Lines 20-21 "in Fig. 12, the soft backing pad 48 is formed of a single piece");
securing a medial pad (48) to the medial section of the outer shell (see Fig. 12; Col. 5 Lines 20-21 "in Fig. 12, the soft backing pad 48 is formed of a single piece", wherein the insertion indicates securing),
the medial pad having a longitudinal pad and a knee pad (see claim interpretation; see Figs. 2, 6 as applied to Fig. 12; wherein the longitudinal pad is section 36 in Fig. 6, also in Fig. 12; wherein the knee pad is section 30 in Fig. 6, also in Fig. 12; LaBerge teaches the pads which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a knee, especially in light of Col. 1 Lines 59-61 “components including…two side knee pads and extended lateral pads”),
the longitudinal pad extending longitudinally between a top end and a bottom end in a vertical direction (see Fig. 2, which would also apply in Fig. 12),
the knee pad monolithically protruding rearwardly from the longitudinal pad in a transverse direction, the transverse direction being transverse to the vertical direction (see claim interpretation; see Fig. 12 for monolithic protrusion as recited);
inserting a core padding (42) inside the pocket of the outer shell (see Fig. 12); and
closing an opening of the pocket by securing a rear edge of the medial section of the outer shell to a medial edge of the rear section of the outer shell (rear edge of the face of sack 50 labeled 50 secures at least to medial edge of the area of sack 50 labeled 48 on the medial side, especially in light of Col. 5 Line 1 "zippered opening 40"; see Fig. 2 which applies to Fig. 12)
by contouring a perimeter of the knee pad such that a thickness of the medial pad at an intersection between the knee pad and the longitudinal pad is substantially equal to the thickness of the medial pad at opposite sides of the intersection (see annotated Fig. 2 below which applies to Fig. 12, wherein thicknesses at an intersection is substantially equal to thickness at opposite sides of the intersection; wherein the thicknesses indicate contouring, which indicates securement, which further indicates closing an opening),
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wherein the medial pad is free of a hinge connection at the intersection (see Fig. 12; see aforementioned for the rejection of monolithic limitation).
Regarding Claim 3, LaBerge further teaches the method of claim 1, wherein the obtaining of the outer shell includes securing together top edges and bottom edges of the facing section and the rear section (see Figs. 1-6, 12, wherein the elements are at least eventually secured together).
Regarding Claim 7, LaBerge further teaches the method of claim 1, wherein the outer shell defines a core volume receiving the core padding, a knee volume, and a longitudinal volume (see Fig. 12),
the method comprising inserting the knee pad inside the knee volume and inserting the longitudinal pad inside the longitudinal volume (see Fig. 12).
Claim Rejections - 35 USC § 103
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) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over LaBerge et al (USPN 5093931), herein LaBerge, in view of Futere et al (USPN 4344189), herein Futere.
Regarding Claim 4, LaBerge teaches all the claimed limitations as discussed above in Claim 3.
LaBerge does not explicitly teach orienting outer faces of the facing section and of the rear section toward one another before the securing together of the top edges and the bottom edges of the facing section and of the rear section.
Futere teaches orienting outer faces of the facing section and of the rear section toward one another before the securing together of the top edges and the bottom edges of the facing section and of the rear section (Col. 3 Lines 26-28 "Fig. 7f…showing the step in such a method of pulling the article of Fig. 7e inside out"; for orient before secure—Col. 8 Lines 16, 22-31 "referring to Fig. 7a...back panel combination 62...positioned such that it terminates in the same vertical plane as upper edge 30 of front panel 20...in this initial relationship...longitudinal edges 26, 27 and 42 of front panel 20...and back panel combination 62...are secured together along a line 63, as shown in Fig. 7b").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LaBerge’s method with that of Futere’s as a known effective arrangement of making a pocket, which LaBerge has.
Regarding Claim 5, modified LaBerge teaches all the claimed limitations as discussed above in Claim 4.
Futere further teaches flipping the outer shell inside out until inner faces of the facing section and of the rear section face one another (for facing after flip-- Col. 9 Lines 1-7 "the article of Fig. 7e is turned inside out by pulling the instep strap 43 back through the gaiter between the front panel 20 and the back panel combination 62, and out beyond the upper edges 30 and 31 of front and liner panels 20 and 22, thereby reversing the relative vertical positions of back panel combination 62, front panel 20 and liner panel 22"; Col. 9 Lines 7-9 "As shown in FIG. 7g, following the step of pulling the gaiter inside out, front panel 20 and liner panel 22 are now adjacent each other").
Regarding Claim 6, modified Futere teaches all the claimed limitations as discussed above in Claim 5.
Futere further teaches securing a lateral edge of the rear section to an edge of the lateral section before the flipping of the outer shell inside out (Col. 8 Lines 9-10 "Figs. 7a-7g illustrates the steps of the present invention"; Col. 8 Line 64-Col. 9 Line 1 "referring now to Fig. 7e, back panel combination 62 is next stretched laterally such that its longitudinal edge 44 is aligned with longitudinal edge 24 of front panel 20...in this position, they are secured together along line 71, preferably by serging. At this point, the article of Fig. 7e is turned inside out")
such that the top edge, the bottom edges, the lateral edge of the rear section, and the edge of the lateral section are located inside the pocket (Col. 6 Lines 13-16; met with the flipping of the shell inside out).
Examiner Notes
Claim(s) 2, as best understood from the disclosure, is/are free of U.S.C. 102/103 rejections, but is/are currently questioned under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Vaillancourt et al (US Publication 2020/0070035) directed to goalkeeper leg pad with core padding, longitudinal pad, and knee pad; Fugere et al (USPN 4001953), Fugere (USPN 4035860) directed to goalkeeper leg pad with pocket opening, with core padding, longitudinal pad, and knee pad; Goyer et al (US Publication 2008/0201814) directed to goalkeeper leg pad with pocket opening; Mackey (US Publication 2015/0033433) directed to hockey goalkeeper leg pad with core padding between rear/front layers; Komura (US Publication 2018/0148313) directed to inverting a leg pad; Dagneau et al (USPN 12403381) directed to a related case.
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/GRACE HUANG/Primary Examiner, Art Unit 3732