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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Malaspina (US 5385376 A).
Regarding claim 1, Malaspina discloses the gripping tool as claimed in claim 1, comprising a first arm shaped as a sheet (52); and a second arm shaped as a sheet (54), each of the first and second arms being provided as a separate, individual part and having a distal gripping section and a proximal handle section (see Fig. 2 below), wherein the distal gripping section of each of the first and second arms comprises a frame encompassing a window (see Fig. 2), wherein the first and second arms are configured to be connected to each other via a mobile connection at a respective proximal end of each of the first and second arms, such that, when connected to each other, the first and second arms face each other (see Fig. 2), and wherein at least one of the first and second arms comprises an abutment feature (74) in the proximal handle section, the abutment feature being provided on a face of the arm, which is intended to face the other arm, and protruding from a plane that connects a distal edge and a proximal edge of the arm (see Fig. 7).
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Regarding claim 2, Malaspina discloses the gripping tool as claimed in claim 1, wherein the mobile connection includes a center of rotation and the abutment feature (74) of the at least one of the first and second arms is provided at no more than half of a distance from the center of rotation to a proximal edge of the window of the at least one of the first and second arms (see Fig. 2 below).
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Regarding claim 3, Malaspina discloses the gripping tool as claimed in claim 1, wherein the abutment feature comprises a kink in a sheet (see Fig. 2 below) forming the at least one of the first and second arms.
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Regarding claim 4, Malaspina discloses the gripping tool as claimed in claim 1, wherein the abutment feature comprises a bulge protruding from a sheet forming the at least one of the first and second arms (see Fig. 7 below).
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Regarding claim 5, Malaspina discloses the gripping tool as claimed in claim 4, wherein the bulge is off-center with respect to a proximal-distal axis of the at least one of the first and second arms (see Fig. 2 below).
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Regarding claim 6, Malaspina discloses the gripping tool as claimed in claim 4, wherein the bulge comprises a ramp ramping up in a direction generally across a proximal-distal axis of the at least one of the first and second arms (see Fig. 2 below).
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Regarding claim 7, Malaspina discloses the gripping tool as claimed in claim 1, wherein a pin extends generally across a proximal-distal axis of at least one of the first and second arms, wherein the pin is provided distant from a face of a sheet forming the arm (Col. 3, lines 35-40).
Regarding claim 8, Malaspina discloses the gripping tool as claimed in claim 1, wherein a first one of the first and second arms comprises at least one hinge pin at a proximal edge thereof (Col. 3, lines 35-40), wherein the at least one hinge pin extends substantially in a sheet-plane of the first one of the first and second arms and substantially perpendicular to a proximal-distal axis of the first one of the first and second arms, and wherein a second one of the first and second arms comprises at least one hinge knuckle (75 and 76) at a proximal edge thereof, wherein the at least one hinge knuckle is dimensioned to receive the at least one hinge pin within the hinge knuckle, such that the at least one hinge pin and the at least one hinge knuckle are configured to jointly form a hinge connecting the first and second arms (see Fig. 2).
Regarding claim 9, Malaspina discloses the gripping tool as claimed in claim 8, wherein the at least one hinge knuckle (75 and 76) forms a latch and is circumferentially open to be latched over the at least one hinge pin in a radial direction of the at least one hinge knuckle (see Fig. 2 below).
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Regarding claim 10, Malaspina discloses the gripping tool as claimed in claim 8, wherein the at least one hinge knuckle (75 and 76) and the at least one hinge pin (Col. 3, lines 35-40) are configured to be assembled to jointly form a hinge having play along an axis of the at least one hinge pin (Col. 3, lines 35-40).
Regarding claim 11, Malaspina discloses the gripping tool as claimed in claim 8, wherein the at least one hinge pin has a free end configured to be received in the at least one hinge knuckle in a direction along an axis of the at least one hinge pin (see Fig. 2 below).
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Regarding claim 12, Malaspina discloses the gripping tool as claimed in claim 1, wherein a pin extends from a first one of the first and second arms in a proximal region of the proximal handle section perpendicularly to a sheet plane of the first one of the first and second arms, and wherein a second one of the first and second arms comprises an opening formed through the second one of the first and second arms, the opening being sized and shaped to receive an axle of the pin such that the pin and the opening are configured to jointly form a hinge connecting the first and second arms (see Fig. 2 below and Col. 3, lines 35-40).
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Regarding claim 14, Malaspina discloses the gripping tool as claimed in claim 1, wherein the first and second arms (52 and 54) are connected to each other at the respective proximal ends by the mobile connection such that respective inner faces of the first and second arms face each other (see Fig. 2 below), and wherein the abutment feature (74) is provided on the inner face of at least one of the first and second arms and faces the inner face of the other arm of the first and second arms (see Fig. 2 below).
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malaspina (US 5385376 A) in view of De Toma (US 6059333 A).
Regarding claim 13, Malaspina discloses the gripping tool as claimed in claim 1.
Malaspina fails to disclose wherein at least one of the first and second arms is collapsible.
However, De Toma teaches wherein at least one of the first and second arms (13 and 14) is collapsible (see Fig. 1-2).
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Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein at least one of the first and second arms are collapsible on the gripping tool of Malaspina as taught by De Toma so that the device can be folded to be carried in a pocket (Col. 1, lines 25-30).
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malaspina (US 5385376 A) in view of Rycroft (AU 1655497 A).
Regarding claim 15, Malaspina discloses a gripping tool, comprising; first and second arms (52 and 54), each of the first and second arms comprising a planar, sheet-like body extending between a respective proximal end and a respective distal end of each of the first and second arms (see Fig. 2 below), wherein each of the planar, sheet-like bodies of the first and second arms includes a distal gripping section and a proximal handle section (see Fig. 2 below), the distal gripping section of each body comprising a window (see Fig. 2 below), the first and second arms being coupled together such that the window in the first arm is parallel to and at least partially coincides with the window in the second arm (see Fig. 2 below), and wherein at least one of the first and second arms comprises an abutment feature (74) in the proximal handle section, the abutment feature being provided on an inner face of the planar, sheet-like body and protruding from a plane that connects the proximal end and the distal end of the at least one of the first and second arms (see Fig. 2 below), the interior face being positioned opposite a corresponding inner face of the other planar, sheet-like body (see Fig. 2 below).
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Malaspina fails to disclose the first and second arms being pivotably coupled together at the respective proximal ends.
However, Rycroft teaches the first and second arms being pivotably coupled together at the respective proximal ends (see Fig. 3 below).
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Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce first and second arms being pivotably coupled together at the respective proximal ends on the gripping tool of Malaspina as taught by Rycroft so that it’s capable of relative rotation around the hinge means so that when the first and second members are in the closed position, a leash handle is formed (Page 3, Para. 2).
Regarding claim 16, Malaspina discloses the gripping tool as claimed in claim 15, wherein the abutment feature comprises a kink in the planar, sheet-like body (see Fig. 2 below).
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Regarding claim 17, Malaspina discloses the gripping tool as claimed in claim 15, wherein the abutment feature comprises a bulge protruding from the planar, sheet-like body (see Fig. 2 below).
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Regarding claim 18, Malaspina discloses the gripping tool as claimed in claim 17, wherein the bulge is off-center with respect to a proximal-distal axis of the at least one of the first and second arms (see Fig. 2 below).
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Regarding claim 19, Malaspina discloses the gripping tool as claimed in claim 17, wherein the bulge comprises a ramp ramping up in a direction generally across a proximal-distal axis of the at least one of the first and second arms (see Fig. 2 below).
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Regarding claim 20, Malaspina discloses the gripping tool as claimed in claim 15, wherein first and second arms are pivotably coupled together via a hinge (Col. 3, lines 35-40).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REHMAN A QURESHI whose telephone number is (571)272-6262. The examiner can normally be reached 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REHMAN A QURESHI/ Examiner, Art Unit 3654
/ROBERT W HODGE/ Supervisory Patent Examiner, Art Unit 3654