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 .
Claims 1-20 are being treated on the merits.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (USPN 6,279,160) in view of White (US 2005/0108800).
Regarding Claim 1, Chen discloses a protective knee pad for workmen (Figures 1-6), the protective knee pad comprising a front portion (Figure 2) positioned to cover the front of a user’s knee in use (Figures 6 & 7) wherein the front portion comprises a cushion member (30), the thickness of which is varied along its length and/or width to ensure that areas of knee that experience the greatest impact are adequately protected (Figures 4-6). Chen does not disclose a protective member that comprises a plurality of interconnected overlapping plates. However, White discloses a protective member (Figure 2) that comprises a plurality of interconnected overlapping plates (Figures 2 & 3) for the purpose of providing a degree of rigidity and flexibility while retaining complete freedom of movement for the wearer (Para. 35). It would have been obvious to one of ordinary skill in the art before the effective filing date to include the protective member of White to the knee pad of Chen in order to add an additional protective layer while retaining freedom movement.
Regarding Claim 2, the combination of Chen and White disclose the cushion member comprises two or more individual cushions (Chen, Figure 4), each individual cushion being sealed within respective pockets formed on an inner surface of the front portion (Chen, Figures 6 & 7, 11).
Regarding Claim 3, the combination of Chen and White disclose the two or more cushions have different thicknesses (Chen, Figures 4, 6 & 7).
Regarding Claim 4, the combination of Chen and White disclose the cushion member comprises an outer foam layer (Chen, Col. 4, line 30-31, “foam” & Col. 4, lines 52-65, “foam”) and an inner foam layer which faces the knee (Chen, Col. 4, line 30-31, “foam” & Col. 4, lines 52-65, “foam”).
Regarding Claim 5, the combination of Chen and White do not specifically disclose the outer foam layer and inner foam layers comprise a butadiene rubber foam. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the material of the layers as claimed, since it is well 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. Also, such a modification would be considered a mere choice of preferred material that is on the basis of its suitability for the intended use. In other words, using butadiene rubber foam would have been an "obvious to try" approach because the use of such a material that is not of innovation but of ordinary skill and common sense.
Regarding Claim 6, the combination of Chen and White do not specifically disclose the outer foam layer comprises a nitrile butadiene rubber foam and the inner foam layer comprises a styrene-butadiene rubber foam. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the material of the layers as claimed, since it is well 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. Also, such a modification would be considered a mere choice of preferred material that is on the basis of its suitability for the intended use. In other words, using nitrile butadiene rubber foam or styrene-butadiene rubber foam would have been an "obvious to try" approach because the use of such a material that is not of innovation but of ordinary skill and common sense.
Regarding Claim 7, the combination of Chen and White disclose the plates are aligned along a single backing member or along two or more backing members (White, Figures 2 & 3).
Regarding Claim 8, the combination of Chen and White disclose the front portion and an exposed surface of at least one backing member comprise fastening means for detachably securing the protective member to the front portion (White, Figures 2 & 3, 20/21).
Regarding Claim 9, the combination of Chen and White disclose the plates of the plurality of overlapping, interconnected plates comprise one or more of a non-slip material, a chemical resistant coating, an oil-resistant coating or a flame-resistant material (White, Para. 35).
Regarding Claim 10, the combination of Chen and White disclose the protective knee pad comprises a cover for the protective member (White, 34/36/38, Para. 55-57).
Regarding Claim 11, the combination of Chen and White disclose the cover is detachably secured to the front portion of the knee support (White, 34/36/38, Para. 55-57).
Regarding Claim 12, the combination of Chen and White disclose the front portion and the cover comprise fastening means for detachably securing the cover to the front portion (White, 34/36/38, Para. 55-57).
Regarding Claim 13, the combination of Chen and White do not specifically disclose the cover comprises a water-resistant or waterproof material. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the material of the cover as claimed, since it is well 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. Also, such a modification would be considered a mere choice of preferred material that is on the basis of its suitability for the intended use. In other words, water-resistant or waterproof material would have been an "obvious to try" approach because the use of such a material that is not of innovation but of ordinary skill and common sense.
Regarding Claim 14, the combination of Chen and White disclose the water-resistant or waterproof material is provided in the form of a continuous web or sheet (White, 34/36/38, Para. 55-57).
Regarding Claim 15, the combination of Chen and White disclose the continuous web or sheet is attached to an inner surface of the cover (White, 34/36/38, Para. 55-57).
Regarding Claim 16, the combination of Chen and White disclose the fastening means extends across or covers a major portion of the front portion (White, 34/36/38, Para. 55-57).
Regarding Claim 17, the combination of Chen and White disclose the fastening means comprises hook and loop fastening means (White, 34/36/38, Para. 55-57).
Regarding Claim 18, the combination of Chen and White disclose the protective knee pad is adapted for insertion into a pocket formed in a trouser leg (Figure 6, it is noted applicant has not provided any structure to a trouser leg; inasmuch is claimed; the protecter is a trouser leg since it covers part of a leg).
Claims 19 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (USPN 6,279,160) in view of White (US 2005/0108800) in further view of Hernandez (US 2012/0131729).
Regarding Claim 19, the combination of Chen and White do not specifically disclose a pair of trousers comprising the protective knee pad according to claim 1. However, Hernandez discloses the use of trouser for a knee protective pad (Figures 1-4). It would have been obvious to one of ordinary skill in the art before the effective filing date to have the protective element of Chen-White included into a pair of trousers, as taught by Hernandez, in order to have a garment which can be easily applied from protection.
Regarding Claim 20, the combination of Chen, White, and Hernandez disclose a pair of trousers according to claim 19, wherein the protective knee pad is provided in a pocket formed over a knee area of each trouser leg (Hernandez, Figures 1-4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHARINE KANE whose telephone number is (571)272-3398. The examiner can normally be reached Mon-Fri 9am-6pm EST.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732
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