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 § 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.
Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Osteyee (US 7,725,969 B1). Osteyee discloses a multipurpose tool (fig. 5) comprising:
Re claim 1, a handle (31) having a first end (fig. 5: left end) and a second end (fig. 5: right end) opposite of the first end, wherein the handle is sized and shaped to fit in a hand of a user (fig. 5 shows the size and shape that may be held by a user); a safety cutter (58; 58 may cut through thin materials) disposed in the second end of the handle; and an extendable member (1-5) protruding from the first end of the handle, wherein the extendable member has an extended configuration (extended shown in fig. 1) and a collapsed configuration (collapsed shown in fig. 2), wherein the tool is sized and shaped to fit within a pocket in an article of clothing when the extendable member is in the collapsed configuration (the tool is a pocket tool).
Re claim 4, wherein the extendable member comprises a plurality of telescoping parts (3) and a locking mechanism (outer surfaces of each part forming a friction fit to lock the parts in place) for locking the telescoping parts in the extended configuration.
Re claim 5, wherein the extendable member comprises a proximal end (2) coupled to the handle and a distal end (end comprising 4) opposite of the proximal end, wherein the distal end comprises a hook or an L-shaped member (4).
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carter (US 1,065,863) in view of Osteyee (US 7,725,969 B1). Carter discloses a multipurpose tool (fig. 3) comprising:
Re claim 1, a handle (10) having a first end (fig. 3: left end) and a second end (fig. 3: right end) opposite of the first end, wherein the handle is sized and shaped to fit in a hand of a user (fig. 1 shows the size and shape that may be held by a user); a safety cutter (18) disposed in the second end of the handle; wherein the tool is sized and shaped to fit within a pocket in an article of clothing when the extendable member is in the collapsed configuration (the tool is a pocket tool).
Re claim 2, wherein the safety cutter comprises a razor blade (18 is described as a sharp blade) and a cutting channel (channel defined by 14 and 15) in the handle that exposes the razor blade.
Re claim 3, wherein the cutting channel comprises a pointed end (16) configured for piercing material.
Carter does not disclose:
Re claim 1, an extendable member protruding from the first end of the handle, wherein the extendable member has an extended configuration and a collapsed configuration.
However, Osteyee teaches a multipurpose tool (fig. 5) comprising:
Re claim 1, an extendable member (1-5) protruding from the first end of the handle (52), wherein the extendable member has an extended configuration (extended shown in fig. 1) and a collapsed configuration (collapsed shown in fig. 2).
Osteyee teaches a telescoping member that may be “integrated with a pocket tool [,] or example, a pocket knife),” see col 1 ln 44-46. It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ and extendable member, as taught by Osteyee, to be able to reach and retrieve objects in smaller openings.
Conclusion
The cited prior art(s) 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 MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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/Minh Truong/Primary Examiner, Art Unit 3654