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 .
Response to Amendment
The Examiner acknowledges the amendments to claims 10 and 20.
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Zenkus et al. (US 2018/0271011 A1) in view of Guo et al. (US 2020/0008348 A1) and Iacona (US 2010/0154229 A1).
Regarding claim 20, Zenkus teaches a trimmer head (Zenkus, Fig. 5 and 7) for use with a string trimmer assembly (Zenkus, Fig. 1, 10), the trimmer head comprising:
a top plate (Zenkus, Fig. 5 and 7, 122);
a body (Zenkus, Fig. 5 and 7, 22), the body and the top plate defining a cavity (see annotated image 1 of Fig. 7 (Zenkus) below);
a spool (Zenkus, Fig. 5 and 7, 24) supported in the cavity of the trimmer head and operable to support line (Zenkus, Fig. 7, 28, P. 0060) to be dispensed, the spool including a through hole (see annotated image 1 of Fig. 7 (Zenkus) below) for receiving the line, the line dispensable though an opening (Zenkus, Fig. 7, 118 and 120) in the trimmer head;
a nut (Zenkus, Fig. 5 and 7, 66, P. 0078 and 0089) coupled to the spool, the nut defining an aperture (Zenkus, Fig. 5 and 7, 82) aligned with the through hole such that the aperture and the through hole define a passageway for the line (see annotated image 1 of Fig. 7 (Zenkus) below);
a retainer (Zenkus, Fig. 5 and 7, 20) coupled to the body, the retainer configured to accommodate axial and rotational play between the spool and the body (Zenkus, P. 0082), the retainer comprising a first surface (see annotated image 1 of Fig. 7 (Zenkus) below) and second series of protrusions (Zenkus, Figs. 5 and 7, 50) extending from a second surface (see annotated image 1 of Fig. 7 (Zenkus) below) opposite the first surface, wherein the second series of protrusions (Zenkus, Figs. 5 and 7, 50) are engageable with a fourth series of teeth (Zenkus, Figs. 7, 48, P. 0081-0082) extending from the spool; and
a flange (Zenkus, Fig. 7, 56) formed on the spool in a common plane with the opening and with the through hole (see annotated image 1 of Fig. 7 (Zenkus) below), the flange separating the line into a first line portion and a second line portion (Zenkus, P. 0074 and 0079), wherein the first line portion is positioned on a first side of the flange (Zenkus, Fig. 7, 58) and the second line portion is positioned on a second side of the flange (Zenkus, Fig. 7, 60), and
wherein the body is bumpable against a surface to move the body axially toward the top plate, thereby rotating the spool relative to the body and dispensing additional line from the opening (Zenkus, P. 0086).
Zenkus does not teach the retainer comprising a first series of protrusions extending from a first surface and a second series of protrusions extending from a second surface opposite the first surface such that the first series of teeth and the second series of teeth extend in opposite directions, wherein the first series of protrusions are engageable with a third series of protrusions extending from the top plate and the second series of protrusions are engageable with a fourth series of teeth extending from the spool and wherein the body is bumpable against a surface to move the body axially toward the top plate of the body and momentarily inhibits relative axial and rotational play between the top plate and the body.
Guo teaches a trimmer head (Guo, Figs. 4A-4B, 410) comprising a retainer (Guo, Figs. 4D-4E, 412a), a top plate (Guo, Figs. 4D-4E, 412c) and a spool (Guo, Figs. 4D-4E, 411), wherein the retainer comprises a first series of protrusions (Guo, Fig. 4D and 4F, 412d) extending from a first surface (see annotated image 1 of Fig. 4D (Guo) below) and a second series of protrusions (Guo, Fig. 4F, 412f) extending from a second surface (see annotated image 1 of Fig. 4F (Guo) below), the Examiner would note that the claim only requires that the surfaces from which the protrusions extend be opposite not that the protrusions themselves extend in opposite directions, wherein the first series of protrusions are engageable with a third series of protrusions (Guo, Fig. 4E, 412e, P. 0178) extending from the top plate and the second series of protrusions are engageable with a fourth series of teeth (Guo, Fig. 4G, 411a, P. 0182) extending from the spool (Guo, Fig. 4D and 4G, 411), and wherein the body is bumpable against a surface to move the body axially toward the top plate of the body momentarily inhibits relative axial and rotational play between the top plate and the body (Guo, P. 0187), it should be noted that the limitation as claimed does not require that the top plate and body be relatively rotatable only that when the body is bumped that rotation between the top plate and body be inhibited which is met as the top plate and body of Guo are engaged by the first series of protrusions and third series of protrusions which do not permit rotational or axial movement between these components (Guo, P. 0178). This arrangement allows for the spool to rotate separate from the housing and top plate to pay out line (Guo, P. 0187).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the retainer to feature a first series of protrusions and the top plate to feature a third series of protrusions and the body such that when the body is bumped against a surface to move the body axially toward the top plate of the body momentarily inhibits relative axial and rotational play between the top plate and the body as taught by Guo as this allows for the spool to rotate separate from the housing and top plate to pay out line.
Iacona teaches a trimmer head (Iacona, Figs. 9A-11, 510) comprising the first series of teeth (Iacona, Fig. 9A, 502) and the second series of teeth (Iacona, Fig. 9B, 508) which extend in opposite directions. This allows the structure to have a function like a ratchet when the teeth are engaged (Iacona, P. 0055).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention, when building the device from the ground up, to modify the trimmer head taught by Zenkus such that the first series of teeth and the second series of teeth extend in opposite directions like those taught by Iacona as it allows the structure to function like a ratchet when the teeth are engaged.
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Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Proulx et al. (US 2011/0302791 A1) in view of Zenkus (US 2018/0271011 A1) and Guo (US 2020/0008348 A1).
Regarding claim 1, Proulx teaches a string trimmer assembly (Proulx, Fig. 1-32) comprising:
a trimmer head (Proulx, Fig. 1-28b, 10) rotatably driven by a drive shaft (Proulx, Fig. 27a-27b, 12) about a rotational axis (Proulx, P. 0111, lines 19-25 also see annotated image 1 of Fig. 6c (Proulx) below), the trimmer head comprising a housing (Proulx, Fig. 1-2, 14) including a body (Proulx, Figs. 1-2, 14b) and a top plate (Proulx, Figs. 25A-30, 500) defining a cavity (Proulx, Figs. 4 and 27a, 46 and 518);
a spool (Proulx, Fig. 1-28b, 16) including a central body (Proulx, Fig. 11A, 64, P. 0077) supported in the cavity of the trimmer head and operable to support line (Proulx, Fig. 6a-6c, 17 and 17’) to be dispensed, the spool including a through hole (Proulx, Fig. 6a-6c, 74) for receiving the line, the through hole extending through the central body perpendicular to the rotational axis (see annotated image 1 of Fig. 6c (Proulx) below), while the entirety of the through hole is not perpendicular to the rotation axis at least a small portion of the through hole is, the line dispensable though an opening (Proulx, Fig. 6a-6c, 32) in the trimmer head;
a retainer (Proulx, Figs. 1-2, 14a) coupled to the body (Proulx, Figs. 1-2, 14b); and
a flange (Proulx, Fig. 4-6c, 61) formed on the spool in a common plane with the opening and with the through hole;
wherein the flange separates the line into a first line portion and a second line portion (Proulx, Fig. 4-6c, 66’ and 66’’, see annotated image of Fig. 6c (Proulx) below); and
wherein the first line portion is positioned on a first side of the flange and the second line portion is positioned on a second side of the flange (see annotated image of Fig. 6c (Proulx) below).
Proulx further teaches in an embodiment of Fig. 16 a spool wherein a longer section of the through hole is perpendicular to the rotation axis (see annotated image 1 of Fig. 16 (Proulx) below) but Proulx does not teach the through hole extending through the spool entirely perpendicular to the axis of rotation.
Zenkus teaches a spool (Zenkus, Fig. 5 and 7, 24) wherein a through hole (see annotated image 1 of Fig. 7 (Zenkus) above) wherein the entirety of the through hole extends through the spool perpendicular to the axis of rotation (Zenkus, Fig. 7, 52).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the through hole of Proulx such that a larger portion or the entirety of the through hole that extends through the spool is perpendicular to the rotation axis as it is within the general skill of a worker in the art to define the shape for a structure. See MPEP 2144.04(IV)(B) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Proulx further does not teach the retainer comprising a first series of protrusions extending from a first surface and a second series of protrusions extending from a second surface opposite the first surface, wherein the first series of protrusions are engageable with a third series of protrusions extending from the top plate and the second series of protrusions are engageable with a fourth series of teeth extending from the spool.
Guo teaches a trimmer head (Guo, Figs. 4A-4B, 410) comprising a retainer (Guo, Figs. 4D-4E, 412a), a top plate (Guo, Figs. 4D-4E, 412c) and a spool (Guo, Figs. 4D-4E, 411), wherein the retainer comprises a first series of protrusions (Guo, Fig. 4D and 4F, 412d) extending from a first surface (see annotated image 1 of Fig. 4D (Guo) above) and a second series of protrusions (Guo, Fig. 4F, 412f) extending from a second surface (see annotated image 1 of Fig. 4F (Guo) above), the Examiner would note that the claim only requires that the surfaces from which the protrusions extend be opposite not that the protrusions themselves extend in opposite directions, wherein the first series of protrusions are engageable with a third series of protrusions (Guo, Fig. 4E, 412e, P. 0178) extending from the top plate and the second series of protrusions are engageable with a fourth series of teeth (Guo, Fig. 4G, 411a, P. 0182) extending from the spool (Guo, Fig. 4D and 4G, 411). This arrangement allows for the spool to rotate separate from the housing and top plate to pay out line (Guo, P. 0187).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the retainer to feature a first series of protrusion and a second series of protrusions, the top plate to feature a third series of protrusions and the spool to feature a fourth series of teeth as taught by Guo as this allows for the spool to rotate separate from the housing and top plate to pay out line.
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Regarding claim 2, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 1, wherein the flange includes a first ramped surface configured to direct the first line portion toward the first side of the flange (see annotated image 1 of Fig. 14a-14c (Proulx) below), the ramped surface of Proulx is capable of directing a portion of the line toward the first side of the flange as it is a ramped surface on the first side of the flange that the first line portion would come into contact with.
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Regarding claim 3, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 2, wherein the flange includes a second ramped surface configured to direct the second line portion toward the second side of the flange (see annotated image 1 of Fig. 14a-14c (Proulx) above), the ramped surface of Proulx is capable of directing a portion of the line toward the second side of the flange as it is a ramped surface on the second side of the flange that the second line portion would come into contact with.
Regarding claim 4, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 3, wherein the first ramped surface and the second ramped surface are positioned on opposing sides of the spool adjacent the through hole (see annotated image 1 of Fig. 14a-14c (Proulx) above).
Regarding claim 5, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 1, wherein the first line portion extends through a first portion of the through hole in a first direction (see annotated image 1 of Fig. 6c (Proulx) above), the first portion of the through hole positioned on a first side of the trimmer head (see annotated image 1 of Fig. 6c (Proulx) above), and wherein the second line portion extends through a second portion of the through hole in a second direction (see annotated image 1 of Fig. 6c (Proulx) above), the second portion of the through hole positioned on a second side of the trimmer head opposite the first side (see annotated image 1 of Fig. 6c (Proulx) above).
Regarding claim 6, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 5, wherein the first direction and the second direction are opposite one another (see annotated image 1 of Fig. 6c (Proulx) above).
Regarding claim 7, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 6, wherein the flange (Proulx, Figs. 4-6c, 61) isolates the first line portion (Proulx, Fig. 6c, 66’) extending in the first direction from the second line portion (Proulx, Fig. 6c, 66”) extending in the second direction relative to an axial direction extending along an axis of the drive shaft, as best seen in fig. 6c of Proulx the flange of Proulx divides the line into a first storage area and a second storage area these areas being about the axis of rotation of the spool.
Regarding claim 8, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 1, further comprising a housing (Proulx, Figs. 1-2, 14), wherein the trimmer head (Proulx, Fig. 1, 10) is configured to be mounted to the drive shaft (Proulx, Fig. 1, 12) via the housing (Proulx, P. 0070).
Regarding claim 9, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 1, wherein the trimmer head (Proulx, Fig. 27a, 10) is configured to be mounted to the drive shaft (Proulx, Fig. 27a, 12) via the spool (Proulx, Fig. 3 and 27a, 16), as best seen in fig 3 and 27a the drive shaft of Proulx is connected to the drive bolt (Proulx, Fig. 3, 5, and 27a, 20) and passes through the spool to do so as the drive bolt is mounted in the spool.
Regarding claim 10, Proulx teaches a string trimmer assembly (Proulx, Fig. 1-32) comprising:
a trimmer head (Proulx, Fig. 1-28b, 10) rotatably driven by a drive shaft (Proulx, Fig. 27a-27b, 12) about a rotational axis (Proulx, P. 0111, lines 19-25 also see annotated image 1 of Fig. 6c (Proulx) above), the trimmer head comprising a housing (Proulx, Fig. 1-2, 14) including a body (Proulx, Figs. 1-2, 14b) and a top plate (Proulx, Figs. 25A-30, 500) defining a cavity (Proulx, Figs. 4 and 27a, 46 and 518);
a spool (Proulx, Fig. 1-28b, 16) including a central body (Proulx, Fig. 11A, 64, P. 0077) supported in the cavity of the trimmer head and operable to support line (Proulx, Fig. 6a-6c, 17 and 17’) to be dispensed, the spool including a through hole (Proulx, Fig. 6a-6c, 74) for receiving the line, the through hole extending through the central body perpendicular to the rotational axis (see annotated image 1 of Fig. 6c (Proulx) above), the line dispensable though an opening (Proulx, Fig. 6a-6c, 32) in the trimmer head;
a first flange (Proulx, Fig. 3-6c, 60) formed on the spool positioned adjacent an upper portion (see annotated image 2 of Fig. 6c (Proulx) below) of the spool;
a second flange (Proulx, Fig. 3-6c, 62) formed on the spool positioned adjacent a lower portion of the spool (see annotated image 2 of Fig. 6c (Proulx) below);
a third flange (Proulx, Fig. 3-6c, 61) formed on the spool positioned between the first flange and the second flange adjacent an intermediate portion of the spool (see annotated image 2 of Fig. 6c (Proulx) below), at least a portion of the third flange positioned in a common plane with the opening (Proulx, Fig. 6a-6c, 32) and with the through hole (Proulx, Fig. 6a-6c, 74);
a retainer (Proulx, Figs. 1-2, 14a) coupled to the body (Proulx, Figs. 1-2, 14b); and
a first line space (Proulx, Fig. 4-6c, 66’) defined between the first flange (Proulx, Fig. 3-6c, 60) and the third flange (Proulx, Fig. 3-6c, 61); and
a second line space (Proulx, Fig. 4-6c, 66’’) defined between the second flange (Proulx, Fig. 3-6c, 62) and the third flange (Proulx, Fig. 3-6c, 61), such that the third flange separates the first line space and the second line space (see annotated image 2 of Fig. 6c (Proulx) below).
Proulx further teaches in an embodiment of Fig. 16 a spool wherein a longer section of the through hole is perpendicular to the rotation axis (see annotated image 1 of Fig. 16 (Proulx) above). Proulx does not teach wherein the through hole is entirely perpendicular to the rotation axis.
Zenkus teaches a spool (Zenkus, Fig. 5 and 7, 24) wherein a through hole (see annotated image 1 of Fig. 7 (Zenkus) above) wherein the entirety of the through hole extends through the spool perpendicular to the axis of rotation (Zenkus, Fig. 7, 52).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the through hole of Proulx such that a larger portion or the entirety of the through hole that extends through the spool is perpendicular to the rotation axis as it is within the general skill of a worker in the art to define the shape for a structure. See MPEP 2144.04(IV)(B) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Proulx further does not teach the retainer comprising a ring defining a central opening, the ring including a first series of protrusions extending from a first surface of the ring and a second series of protrusions extending from a second surface of the ring opposite the first surface, wherein the first series of protrusions are engageable with a third series of protrusions extending from the top plate and the second series of protrusions are engageable with a fourth series of teeth extending from the first flange.
Guo teaches a trimmer head (Guo, Figs. 4A-4B, 410) comprising a retainer (Guo, Figs. 4D-4E, 412a) comprising a ring defining a central opening (see annotated image 1 of Fig. 4D (Guo) and annotated image 1 of Fig. 4F (Guo) above), a top plate (Guo, Figs. 4D-4E, 412c) and a spool (Guo, Figs. 4D-4E, 411) comprising a first flange (Guo, Fig. 4G, 411e), wherein the ring of the retainer comprises a first series of protrusions (Guo, Fig. 4D and 4F, 412d) extending from a first surface of the ring (see annotated image 1 of Fig. 4D (Guo) above) and a second series of protrusions (Guo, Fig. 4F, 412f) extending from a second surface of the ring (see annotated image 1 of Fig. 4F (Guo) above), the Examiner would note that the claim only requires that the surfaces from which the protrusions extend be opposite not that the protrusions themselves extend in opposite directions, wherein the first series of protrusions are engageable with a third series of protrusions (Guo, Fig. 4E, 412e, P. 0178) extending from the top plate and the second series of protrusions are engageable with a fourth series of teeth (Guo, Fig. 4G, 411a, P. 0182) extending from the spool (Guo, Fig. 4D and 4G, 411). This arrangement allows for the spool to rotate separate from the housing and top plate to pay out line (Guo, P. 0187).
It would have been obvious to a person of ordinary skill in the art before the filing date of the instant invention to modify the ring of the retainer to feature a first series of protrusions and a second series of protrusions, the top plate to feature a third series of protrusions and the first flange of the spool to feature a fourth series of teeth as taught by Guo as this allows for the spool to rotate separate from the housing and top plate to pay out line.
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Regarding claim 11, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 10, wherein the third flange (Proulx, Fig. 3-6c, 61) directs a first line portion of the line in to the first line space (see annotated image 1 of Fig. 14a-14c (Proulx) above), the ramped surface of the third flange of Proulx as best seen in Fig. 14b would direct a first line portion of the line into the first line space.
Regarding claim 12, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 11, wherein the third flange (Proulx, Fig. 3-6c, 61) directs a second line portion of the line in to the second line space (see annotated image 1 of Fig. 14a-14c (Proulx) above), the ramped surface of the third flange of Proulx as best seen in fig. 14c would direct a second line portion of the line into the second line space.
Regarding claim 13, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 12, wherein the first line portion extends through a first portion of the through hole in a first direction (see annotated image 1 of Fig. 6c (Proulx) above), the first portion of the through hole positioned on a first side of the spool (see annotated image 1 of Fig. 6c (Proulx) above), and wherein the second line portion extends through a second portion of the through hole in a second direction (see annotated image 1 of Fig. 6c (Proulx) above), the second portion of the through hole positioned on a second side of the spool opposite the first side (see annotated image 1 of Fig. 6c (Proulx) above).
Regarding claim 14, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 13, wherein the first direction and the second direction are opposite one another (see annotated image 1 of Fig. 6c (Proulx) above).
Regarding claim 15, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 12, wherein the third flange includes a first ramped surface configured to direct the first line portion toward the first flange (see annotated image 1 of Fig. 14a-14c (Proulx) above), the ramped surface of Proulx is capable of directing a first portion of the line toward the first flange as it is a ramped surface on the side of the third flange facing that the first line portion would come into contact with.
Regarding claim 16, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 15, wherein the third flange includes a second ramped surface configured to direct the second line portion toward the second flange (see annotated image 1 of Fig. 14a-14c (Proulx) above), the ramped surface of Proulx is capable of directing a second portion of the line toward the second flange as it is a ramped surface on the side of the third flange facing that the second line portion would come into contact with.
Regarding claim 17, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 16, wherein the first ramped surface and the second ramped surface are positioned on opposing sides of the spool adjacent the through hole (see annotated image 1 of Fig. 14a-14c (Proulx) above).
Regarding claim 18, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 10, further comprising a housing (Proulx, Fig. 1-2, 14), wherein the trimmer head (Proulx, Fig. 1, 10) is configured to be mounted to the drive shaft (Proulx, Fig. 1, 12) via the housing (Proulx, P. 0070).
Regarding claim 19, Proulx in view of Zenkus and Guo teaches the string trimmer assembly of claim 10, wherein the trimmer head (Proulx, Fig. 27a, 10) is configured to be mounted to the drive shaft (Proulx, Fig. 27a, 12) via the spool (Proulx, Fig. 3 and 27a, 16), as best seen in fig 3 and 27a the drive shaft of Proulx is connected to the drive bolt (Proulx, Fig. 3, 5, and 27a, 20) and passes through the spool to do so as the drive bolt is mounted in the spool.
Response to Arguments
The Applicant asserts that the election by original presentation of claim 21 is improper as the claim does not pose a serious search burden to the Examiner. The Examiner respectfully disagrees, due to the breath of the claim and the need to search outside of the art the claim does pose a serious search burden on the Examiner. As such, the applicant’s assertion is unpersuasive.
The Applicant asserts that the amendment to claim 10 overcomes the 35 U.S.C. 112(b) indefiniteness type rejection of record for claim 10. The Examiner agrees and withdraws the indefiniteness type rejection of record for claim 10 and its dependent claims.
The Applicant asserts that the prior art rejection of claim 20 is overcome by the amendment to the claim. The Examiner agrees, however, as the applicant has amended the claim the Examiner has updated the prior art rejection to account for the new limitations.
The Applicant asserts that the prior art rejection of claim 1 is improper as the modification of Proulx in view of Guo lacks motivation. The Examiner disagrees, the rejection of record includes motivation from the prior art for the stated modification. As such, the applicant’s assertion is unpersuasive.
The Applicant asserts that that Guo does not teach the first connecting teeth extend from a first surface opposite a second surface. The Examiner agrees, however, as pointed out in the rejection of record the language of the claim does not require the teeth to be opposite and instead only requires that the surfaces be opposite. As Guo shows the surface being opposite of each other it teaches the limitation as claimed. Respectfully, the Examiner included this statement in the prior art rejection of record to bring it to the applicant’s attention. As such, the applicant’s assertion is unpersuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 Robert D Cornett whose telephone number is (571) 270-0182. The examiner can normally be reached M-F 7:30 am-5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT D CORNETT/Examiner, Art Unit 3724 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724