Patent Application 15752051 - A GLOVE FOR ELEVATED WORKING TOOL SECUREMENT

Title: A GLOVE FOR ELEVATED WORKING TOOL SECUREMENT
Application Information

Invention Title: A GLOVE FOR ELEVATED WORKING TOOL SECUREMENT
Application Number: 15752051
Submission Date: 2025-05-20T00:00:00.000Z
Effective Filing Date: 2018-02-12T00:00:00.000Z
Filing Date: 2018-02-12T00:00:00.000Z
National Class: 002
National Sub-Class: 016000
Examiner Employee Number: 92483
Art Unit: 3732
Tech Center: 3700
Rejection Summary

102 Rejections: 1
103 Rejections: 4
Cited Patents

The following patents were cited in the rejection:
US 0303176🔗
Office Action Text



    DETAILED ACTION
This office action is in response to the amendment filed April 28, 2025 in which claims 54-56 and 58-68 are presented for examination and claims 1-53 and 57 are canceled.

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 Arguments
In view of Applicant’s amendment, the search has been updated and new prior art has been identified and applied.  Applicant’s arguments, which appear to be drawn only to the newly amended limitations and previously presented rejections, have been considered but are moot in view of the new grounds of rejection. 

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.


Claims 54-56, 58, and 64-66 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 5,306,222 Wilkinson.
To claim 54, Wilkinson discloses a work glove (114) (see Figure 9; col. 5, lines 29-31) for a user’s hand and configured to secure tools used in elevated working environments (functional/intended use), said work glove comprising:
a finger section, a palm section, a back of glove, and a cuff (annotated Figure 9, see below; col. 5, lines 29-31),   
said work glove configured to receive the user’s hand with said finger section configured to completely cover the user’s fingers, said palm section configured to cover the user’s palm, said back of glove configured to cover the user’s back of hand and said cuff configured to surround the user’s wrist (annotated Figure 9; col 5, lines 29-31);
an anchor point (108) secured to said back of glove cuff by an anchor point retainer, said anchor point retainer having a proximal end and a distal end opposite said proximal end, said proximal end of said anchor point retainer is fastened only to said cuff (annotated Figure 9; col 5, lines 29-31);
said anchor point and tether being adapted to secure a tool to prevent inadvertent dropping of the tool from elevated heights (annotated Figure 9; col 5, lines 29-31; functional/intended use);
wherein said anchor point retainer is connected to said back of glove only through said cuff, thereby causing said anchor point retainer to transmit substantially all of a pulling force from said anchor point to said cuff (annotated Figure 9; col 5, lines 29-31; functional).

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To the limitations “for a user's hand and configured to secure tools used in elevated working environments” and “said anchor point and tether being adapted to secure a tool to prevent inadvertent dropping of the tool from elevated heights,” it is further respectfully noted 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 in meets the claim.  In the instant case, work glove (114) of Wilkinson would be capable of performing such functions.  
It is additionally respectfully noted that the limitation “thereby causing said anchor point retainer to transmit substantially all of a pulling force from said anchor point to said cuff” is functional and does not positively recite a structural limitation, but instead requires an ability to so perform and/or function.  As the modified work glove (114) of Wilkinson discloses the structure of the work glove as claimed, there would be a reasonable expectation for work glove (114) of Wilkinson to perform such function.

To claim 55, Wilkinson further discloses a work glove wherein said cuff is a tightenable cuff configured to be tightened around the user’s wrist (annotated Figure 9; col 5, lines 29-31; tightenable via fasteners 116).

To claim 56, Wilkinson further discloses a work glove wherein said anchor point is positioned between said proximal end and said distal end of said anchor point retainer (annotated Figure 9; col 5, lines 29-31).

To claim 58, Wilkinson further discloses a work glove wherein said anchor point retainer is positioned along a longitudinal axis of said work glove (annotated Figure 9; col 5, lines 29-31).

To claim 64, Wilkinson further discloses a work glove further including a tether (112) having first and second ends (see for example Figure 6; col. 5, lines 8-15), wherein said first end of said tether includes a clasp (110) configured to releasably attach to said anchor point (see Figures 8-9; col. 5, lines 21-31).

To claim 65, Wilkinson further discloses a work glove wherein said anchor point retainer includes a strip of material oriented along a distal-proximal axis of the work glove (annotated Figure 9; col 5, lines 29-31).

To claim 66, Wilkinson further discloses a work glove wherein at least one of said distal end or said proximal end of said anchor point retainer is stitched to a portion of the work glove (annotated Figure 9; col 5, lines 29-31).

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.
Claim 67 is rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson.
To claim 67, Wilkinson discloses a work glove as recited in claim 54, above.
Wilkinson does not expressly disclose a work glove wherein said proximal end of said anchor point retainer is integrally formed with said cuff.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the work glove of Wilkinson such that said proximal end of said anchor point retainer is integrally formed with said cuff as a matter of routine optimization.  It is further respectfully noted that it has been held that forming an article in a single piece which has previously been formed in two pieces and then put together involves only routine skill in the art (see MPEP 2144.04).

Claim 59 and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson (as applied to claims 54 and 55, above) in view of USPN 5,993,362 Ghobadi.
To claim 59, Wilkinson discloses a work glove wherein said cuff is a tightenable cuff configured to be tightened around the user’s wrist (annotated Figure 9; col 5, lines 29-31; tightenable via fasteners 116).
Wilkinson does not expressly disclose a work glove wherein said anchor point retainer extends under said tightenable cuff.
However, Ghobadi teaches a work glove (60) (see Figure 6; col. 6, lines 32-39; col. 7, lines 6-53) comprising an anchor point retainer (annotated Figure 6, see below) that extends under a tightenable cuff (annotated Figure 6).

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Wilkinson and Ghobadi teach analogous inventions in the field of gloves.  Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the tightenable cuff of Wilkinson to extend over its anchor point retainer as taught by Ghobadi because Ghobadi teaches that this configuration is known in the art and allows for attaching cords to the glove (col. 6, lines 32-39).

To claim 60, Wilkinson discloses a work glove wherein said anchor point includes a ring (annotated Figure 9; col 5, lines 29-31).
Wilkinson does not expressly disclose a ring that is a D-ring.
However, Ghobadi teaches a work glove (60) (see Figure 6; col. 6, lines 32-39; col. 7, lines 6-53) comprising a ring that is a D-ring (61,62) (see Figure 6; col. 6, lines 32-39).
Wilkinson and Ghobadi teach analogous inventions in the field of gloves.  Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the ring of Wilkinson to be a D-ring as taught by Ghobadi because Ghobadi teaches that this configuration is known in the art and allows for attaching cords to the glove (col. 6, lines 32-39).  It would further have been obvious as a simple substitution for one well-known type of ring with another.

Claims 61-63 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson (as applied to claim 54, above) in view of US Pub No. 2018/0303176 Lim.
To claim 61, Wilkinson discloses a work glove having an anchor point (annotated Figure 9; col 5, lines 29-31).
Wilkinson does not expressly disclose a work glove further including a surface guard positioned on said back of glove.
However, Lim teaches a work glove (see Figures 1-2; para. 0044) including a surface guard (142) on a back of glove (see Figure 1; para. 0044).
Wilkinson and Lim teach analogous inventions in the field of gloves.  Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the work glove of Wilkinson to include a surface guard as taught by Lim because Lim teaches that this configuration is known in the art and provides protection for the back of the hand of a user (para. 0044).
The modified invention of Wilkinson (i.e., Wilkinson in view of Lim, as detailed above) further teaches a work glove wherein said anchor point retainer is spaced apart from said surface guard (see annotated Figure 9 of Wilkinson and Figure 1 of Lim).

To claim 62, Wilkinson discloses a work glove having an anchor point (annotated Figure 9; col 5, lines 29-31).
Wilkinson does not expressly disclose a work glove further including a surface guard positioned on said back of glove.
However, Lim teaches a work glove (see Figures 1-2; para. 0044) including a surface guard (142) on a back of glove (see Figure 1; para. 0044).
Wilkinson and Lim teach analogous inventions in the field of gloves.  Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the work glove of Wilkinson to include a surface guard as taught by Lim because Lim teaches that this configuration is known in the art and provides protection for the back of the hand of a user (para. 0044).

To claim 63, the modified invention of Wilkinson (i.e., Wilkinson in view of Lim, as detailed above) further teaches a work glove wherein said anchor point retainer is spaced apart from said surface guard (see annotated Figure 9 of Wilkinson and Figure 1 of Lim).

Claim 68 is rejected under 35 U.S.C. 103 as being unpatentable over Wilkinson (as applied to claim 54, above) in view of USPN 9,061,173 Felkel.
To claim 68, Wilkinson further discloses a work glove further including a tether (110,112) having first and second ends (see for example Figure 6; col. 5, lines 8-15), said first end being attached directly to said anchor point (see Figures 8-9; col. 5, lines 21-31).
Wilkinson does not expressly disclose a work glove wherein the second end of the tether is adapted to connect to a tool.
However, Felkel teaches a work glove (42) (see especially Figures 2, 4, and 5; col. 2, line 60 – col. 3, line 39) further including a tether (85,87) having first and second ends (annotated Figure 4, see below), said first end being attached directly to said anchor point (annotated Figure 4; col. 2, line 60 – col. 3, line 39; first end of tether 85,87 attached directly to anchor point 65 via clip 87) and said second end being capable of connecting to another object (annotated Figure 4; col. 2, line 60 – col. 3, line 39).

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Wilkinson and Felkel teach analogous inventions in the field of gloves.  Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the tether of Wilkinson to be capable of attaching to another object as taught by Wilkinson because Wilkinson teaches that this configuration is known in the art and is beneficial for sports training (col. 1, line 36 – col. 2, line 12).
It is respectfully noted that the limitation “said second end being adapted to connect to the tool” is functional and does not positively recite a structural limitation but instead requires an ability to so perform and/or function; as the modified work glove of Wilkinson (i.e., Wilkinson in view of Felkel, as detailed above) teaches the structure of the work glove with tether as claimed, there would be a reasonable expectation for the modified work glove of Wilkinson to perform such function.  It is further respectfully noted that the tool in claims 54 and 68 is functionally claimed rather than positively claimed (i.e., said anchor point being adapted to secure a tool to said work glove…).

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 GRIFFIN HALL whose telephone number is (571)270-0546. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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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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/F Griffin Hall/Primary Examiner, Art Unit 3732