DETAILED ACTION
This is the first Office Action on the merits and is responsive to the papers filed on 11/28/2022. Claims 1-8 are currently pending and are examined below.
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
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1)(a)(2) and as anticipated by Weaver (US D539615 S).
Regarding claim 1, Weaver discloses a training spoon for training a user how to use a spoon (Weaver discloses a spoon eating utensil and does not disclose this as a training spoon, however this is merely a preamble statement of intended use that does not further limit the claim. Therefore, Weaver meets the claim. See MPEP 2111.02), comprising:
A. a scoop (Fig 1. Spoon portion 2),
B. a straight handle connected to said scoop (Fig 1. Left hand side, Stick 10),
C. an angled handed rigidly connected to said straight handle (Fig. 1 shows an angled handle rigidly connected to a straight handle 10 on the left side. The second handle 10 on the right side shows it at an angle relative to the scoop axis),
wherein said straight handle is grabbable by the user and wherein said angled handle is grabbable by a trainer while assisting the user in the usage of said training spoon (Fig. 1 shows an angled handle rigidly connected to a straight handle 10 on the left side. The second handle 10 on the right side shows it at an angle relative to the scoop axis).
Regarding claim 5, Weavers disclose a method for using a training spoon (Weaver discloses a spoon eating utensil and does not disclose this as a training spoon, however this is merely a preamble statement of intended use that does not further limit the claim. Therefore, Weaver meets the claim. See MPEP 2111.02) comprising the steps of:
acquiring a training spoon, said training spoon (Weaver discloses a spoon eating utensil and does not disclose this as a training spoon, however this is merely a preamble statement of intended use that does not further limit the claim. Therefore, Weaver meets the claim. See MPEP 2111.02) comprising:
a scoop (Fig 1. Spoon portion 2),
a straight handle connected to said scoop (Fig 1. Left hand side, Stick 10),
an angled handle connected to said straight handle (Fig. 1 shows an angled handle rigidly connected to a straight handle 10 on the left side. The second handle 10 on the right side shows it at an angle relative to the scoop axis.),
grabbing said straight handle (Fig 1. Stick 10 that can be grabbed),
wherein said grabbing of said straight handle is accomplished by the user (Fig. 1 shows an angled handle rigidly connected to a straight handle 10 on the left side that is grabbable),
C. grabbing said angled handle (The second handle 10 on the right side shows it at an angle relative to the scoop axis that can be grabbed),
wherein said grabbing of said angled handle is accomplished by said trainer (The second handle 10 on the right side shows it at an angle relative to the scoop axis that can be grabbed).
using said spoon to scoop food and direct food to the user's mouth (The second handle 10 on the right side shows it at an angle relative to the scoop axis that can be grabbed).
Claim Rejections - 35 USC § 103
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Weaver (US D539615 S).
Regarding claim 3, Weaver discloses the training spoon as in Claim 1 wherein Weaver further discloses wherein said training spoon is a right-handed training spoon (Spoon in figure 1 that is capable of being a right-handed spoon in the claimed manner. This limitation is merely a statement of intended use that does not further limit the claim. Therefore, Weaver meets the claim. See MPEP 2111.02.).
It would have been obvious for one in ordinary skill in the art before the effective filing date in the claimed invention to have modified Weaver to make the training spoon a right-handed spoon since a majority of the world’s population is right-handed and would require for the training spoon to be a right-handed spoon.
Regarding claim 4, Weaver discloses the training spoon as in Claim 1 wherein Weaver further discloses wherein said training spoon is a left-handed training spoon (Spoon in figure 1 that is capable of being a left-handed spoon in the claimed manner. This limitation is merely a statement of intended use that does not further limit the claim. Therefore, Weaver meets the claim. See MPEP 2111.02.).
It would have been obvious for one in ordinary skill in the art before the effective filing date in the claimed invention to have modified Weaver to make the training spoon a left-handed spoon since a significant of the world’s population is left-handed and would require for the training spoon to be a left-handed spoon.
Claims 2 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Weaver (US D539615 S) in view of Mattingly (US 20080295343 A1).
Regarding claim 2, Weaver discloses the training spoon as in Claim 1 wherein Mattingly teaches wherein said training spoon is fabricated from silicone (¶15: For example, it is contemplated that the elongated member 12 of the present invention is formed from, plastic, silicone, wood, glass, stainless steel, or any other suitable material).
Regarding claim 6, Weaver discloses the method as in Claim 5 wherein Mattingly teaches wherein said training spoon is fabricated from silicone (¶15: For example, it is contemplated that the elongated member 12 of the present invention is formed from, plastic, silicone, wood, glass, stainless steel, or any other suitable material).
It would have been obvious for one in ordinary skill in the art before the effective filing date in the claimed invention to have modified Weaver to incorporate the teachings of Mattingly because silicone is known for being flexible and lightweight for ease of use, especially for children. In addition, silicone for a training spoon would reduce the risk of injury, such as scraping and poking in a child's mouth, since children have a habit of biting down on utensils when eating, and thus would improve the comfort during eating.
Regarding claim 7, Weaver discloses the method as in Claim 5 wherein Weaver further discloses wherein said training spoon is a right-handed training spoon (Spoon in figure 1 that is capable of being a right-handed spoon in the claimed manner. This limitation is merely a statement of intended use that does not further limit the claim. Therefore, Weaver meets the claim. See MPEP 2111.02.)
It would have been obvious for one in ordinary skill in the art before the effective filing date in the claimed invention to have modified Weaver to make the training spoon a right-handed spoon since a majority of the world’s population is right-handed and would require for the training spoon to be a right-handed spoon.
Regarding claim 8, Weaver discloses the method as in Claim 5 wherein Weaver further discloses wherein said training spoon is a left-handed training spoon (Spoon in figure 1 that is capable of being a left-handed spoon in the claimed manner. This limitation is merely a statement of intended use that does not further limit the claim. Therefore, Weaver meets the claim. See MPEP 2111.02.).
It would have been obvious for one in ordinary skill in the art before the effective filing date in the claimed invention to have modified Weaver to make the training spoon a left-handed spoon since a significant of the world’s population is left-handed and would require for the training spoon to be a left-handed spoon.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BASHER ALI GHALEB whose telephone number is (571)272-5135. The examiner can normally be reached Monday - Friday 8 a.m. - 5 p.m..
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/BASHER ALI GHALEB/Examiner, Art Unit 3715
/PETER S VASAT/Supervisory Patent Examiner, Art Unit 3715