Deflecting and protecting shield guard device

Apparel – Guard or protector – Leg

Reexamination Certificate

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Reexamination Certificate

active

06327710

ABSTRACT:

FIELD OF THE INVENTION
The present invention relates to a protective guard device for use in relation to mid and lower leg areas for protection to such areas when a worker is exposed to particles or pieces dislodged or emanating from a work area.
BACKGROUND INFORMATION
Although no references were found specifically relating to the present invention, structurally and functionally, in Applicants' opinion, those references typical of, otherwise, marginally or somewhat similar, related prior art, found in the process of a patent search in this crowded technology; include United States Patents to: Buchanan, U.S. Pat. No. 5,784,715; Bell, U.S. Pat. No. 5,613,250; Miller, U.S. Pat. No. 5,570,470; Carter, U.S. Pat. No. 5,031,247; Hightower, Jr., Re. U.S. Pat. No. 32,506; Winer, U.S. Pat. No. 4,665,662; Cho, U.S. Pat. No. 4,497,070; Peachey, Des. U.S. Pat. No. 393,502; Hargrove, Des. U.S. Pat. No. 365,667; Pettinelli, Des. U.S. Pat. No. 306,921; Fugere et al., U.S. Pat. No. 4,001,953; Hightower, Jr., et al., U.S. Pat. No. 5,170,503; Collins et al., U.S. Pat. No. 5,829,055; Parker, U.S. Pat. No. 3,269,036; Martin, U.S. Pat. No. 3,191,185; Brewer, U.S. Pat. No. 3,153,864; Pence, U.S. Pat. No. 2,945,308; Twiss, U.S. Pat. No. 2,779,108; Martin, U.S. Pat. No. 1,708,144; Völker et al., U.S. Pat. No. 5,477,558; Bellasalma, U.S. Pat. No. 4,036,220; Parker, Des. U.S. Pat. No. 354,615; and Van Doren, Des. U.S. Pat. No. 251,937.
Specifically, Buchanan '715 teaches a ladder-mate shin protector having three (3) protective joined layers, for minimizing the possibility that a user will slip if this apparatus strikes against a step or other ‘ladder’ part. Buchanan is distinguishable from the present invention configurationally, structurally and functionally.
Bell '250 teaches a leg, ankle and foot apparel protector, having a leg cover piece, a shoe cover piece and a foot sole piece, for providing leg, ankle and foot apparel protection to the wearer's apparel, from flying debris thrown off by motorized string trimmers, lawn mowers, tillers and garden equipment. It is distinguishable configurationally and structurally from the present invention.
Miller '470 teaches a leg protection device having a rectangular configuration and a plurality of overlapping layers, different from the invention herein.
Carter '247 teaches a leg protector of rectangular configuration, and structurally designed to wrap completely around the leg area of a user; and, likewise, distinguishable from the present invention.
Winer '562 teaches a leg protecting apparatus, having a ‘calf’ cover portion and a cover supporting portion. The calf portion has a main section having a rectangular configuration with differentially shorter upper and lower edges and longer side edges; for protecting the leg of a bicycle rider. It differs configurationally, structurally and functionally from the invention herein.
Cho '070 teaches a unitary leg and foot protective device, fabricated of soft energy absorbing material; and having a ‘lower’ portion for covering the top and sides of the ‘foot’ of the wearer, a ‘middle’ portion for covering the front and sides of the wearer's ankle, and an ‘upper’ portion for covering the shin of the wearer. Functionally, Cho is designed for use in participation in the ‘martial arts.’ It, too, is substantially distinguishable configurationally, structurally and functionally.
Peachey '502, Hargrove '667, Van Doren '937 and Pettinelli '921 teach ornamental designs of leg protectors or combined ankle and/or shin protectors. Each is substantially distinguishable on the basis of configurational design and pattern and exhibited structure.
Brewer '864 teaches a protective guard vastly different in the number and types of structural components, configurational shapes and installment positioning and modes.
Hightower '506 and '503, Parker '036, Martin '185, Pence '308 and Twiss '108 each teach respective snake or wildlife protective gear which is substantially different from the present invention in functional application, number and type of structural elements and installation fitting. In this regard a snake gaiter covering was also apparently available on the U.S. market some 20 to 25 years ago which provided portions of its shape in a curved or partly s-like form, was constructed of a thick, opaque and leather-like material; and had a zipper for closure. This covering was structurally and functionally distinguishable from the present invention. No patent reference or publication is known to exist regarding this snake covering.
Bellasalma '220, Völker '558, Collins '055 and Fugere '953 teach athletic protective equipment vastly distinguishable from the present invention in functional application, pattern and structural configuration, and number and types of structural elements.
Parker '615 teaches an ornamental design for half chap leg covering; and Martin '144 teaches a stocking protector. Each is designed to be worn as a part of other clothing in everyday public and social settings; and is substantially distinguishable from the present invention in functional use, and configuration and types of structural components.
None of the references located in the prior art specifically illustrate or disclose the deflecting and Protecting Device of the present invention. Nor is the present invention obvious in view of any of the prior art references listed or found in this crowded technology. In addition, all of the prior art heretofore known suffer from a number of structural and functional disadvantages, and problems in construction and use.
None of the prior art devices disclose or adequately address the problems of material flexibility and resilience, installment positioning, and user comfort and ease of movement when a protective device is installed for use in relation to gardening, agriculture, construction, or other work exposing the user to flying, emitting, emanating or issuing debris, particles or other matter from such a work site.
Additionally, none of the prior art devices disclose the advantage of both effective configuration and simplicity of construction for protecting the lower ankle, areas above the knee, and areas on the leg therebetween; while also providing the ease of transparent visual monitoring of the specific areas being covered and shielded by a protective guard, for more effective fitting, protection and the wearer's movement flexibility; and for desired adjustment after the device is installed for work use.
Also, other devices do not afford the user the ability to comfortably wear the device both with and without other clothing, apparel or equipment; nor do they afford adequate knee protection while allowing adequate movement and flexibility of the user's knee.
Further, the prior art devices do not provide a user-friendly, built-in, handle and fitting means for conveniently installing and positioning the device in relation to a wearer; and for easily moving or transporting the device when it is not being worn.
Additionally, the prior art devices do not provide the above listed characteristics, while also providing ease of installation and disengagement, one convenient size, in preferred embodiments, to fit all users, a multiplicity of see-through transparent portions and/or trim, colorations, designs or patterns; the contemporaneous ability to protect the user against splattering, stain-producing substances; clear areas, upon installment, for upper and lower air ventilation in relation to the user's leg; utilization of marine vinyl and/or various vinyl plastic or other polymer material in trim, liner, or shield support areas; and use of various preselected thicknesses of a shield body to provide stain and object protection while also providing flexibility of movement to the user.
These and other disadvantages, structurally and functionally, of the prior art, will become apparent in reviewing the remainder of the present specification, claims and drawings.
Accordi

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