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 .
Information Disclosure Statement
The information disclosure statement filed 6/29/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
Claims 1-3, 5, 10-12 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rankin US 2007/0228754 (hereinafter Rankin).
Re. Cl. 1, Rankin discloses: A holding device (Fig. 1a), comprising: a) a finger connector piece (2, Fig. 1b), comprising: a finger connector body (see opening in 2, Fig. 1b-c), comprising a central finger aperture (see Fig. 1c); such that the finger connector body is configured to be mounted on a finger of a hand of a user (see Fig. 5d for instance), such that the finger penetrates through the central finger aperture (see Fig. 5d); and b) a utensil connector piece (3, Fig. 1d), comprising: a utensil connector body (see Fig. 1d), comprising a central utensil aperture (see Fig. 1d); such that the utensil connector body is configured to be mounted on an elongated portion of a utensil (see Fig. 5d), such that the elongated portion, penetrates through the central utensil aperture (see Fig. 5d); such that an inner end of the finger connector body is connected to an inner end of the utensil connector body (see Fig. 1a-c); and whereby, when the finger connector piece is mounted on the finger, the utensil connector piece is configured to provide a primary grip of the utensil, such that the hand of the user is free to provide fine motor control of the utensil (see Fig. 5d and 6a-7f).
Re. Cl. 2, Rankin discloses: the inner end of the finger connector body is connected to the inner end of the utensil connector body with a longitudinal connection angle in a range of 15 - 40 degrees (see Fig. 5a-5c, due to the flexible material used, the device can be flexed so that the finger connector body is angled relative to the utensil connector in the claimed range).
Re. Cl. 3, Rankin discloses: the inner end of the finger connector body is connected to the inner end of the utensil connector body with an axial rotational angle of 5 - 25 degrees (see Fig. 5a-5c, due to the flexible material used, the device can be flexed so that the finger connector body is angled relative to the utensil connector in the claimed range).
Re. Cl. 5, Rankin discloses: the holding device is made from a flexible resilient material, such that the central utensil aperture is configured to be flexible, such that the central utensil aperture is configured to adapt to different utensil sizes (see Fig. 5a-c and discussed in Paragraph 0052, rubber).
Re. Cl. 10, Rankin discloses: A holding system (Fig. 1a), comprising a holding device, comprising: a) a finger connector piece (2, Fig. 1b), comprising: a finger connector body (see Fig. 1b), comprising a central finger aperture (see Fig. 1c); such that the finger connector body is configured to be mounted on a finger of a hand of a user (see Fig. 5d), such that the finger penetrates through the central finger aperture (see Fig. 5d); and b) a utensil connector piece (3, Fig. 1d), comprising: a utensil connector body (see Fig. 1d); such that the utensil connector body is configured to be mounted on an elongated portion of a utensil (see Fig. 5d); such that an inner end of the finger connector body is connected to an inner end of the utensil connector body (see Fig. 1a-d); and whereby, when the finger connector piece is mounted on the finger, the utensil connector piece is configured to provide a primary grip of the utensil, such that the hand of the user is free to provide fine motor control of the utensil (see Fig. 6a-7f).
Re. Cl. 11, Rankin discloses: an adaptor insert (4, Fig. 1d), comprising: a ring insert (see Fig. 1d), comprising an inner finger aperture (see Fig. 1a-d); and such that the ring insert is configured to be removably positioned inside the central finger aperture of the finger connector body of the finger connector piece (see Fig. 1a-d and Paragraph 0042, removable by overcoming the mechanical forces securing the lips of 4 within 2).
Re. Cl. 12, Rankin discloses: the adaptor insert further comprises: an outer flange (see lips of 4, shown in Fig. 1d), which is connected to an outer circumference of the ring insert (see Fig. 1d), wherein the outer flange is configured to provide a smooth transition from an inner surface of the outer flange to an inner surface of the ring insert (see Fig. 1d, there is a smooth transition from 4 into 2 such that things would not be caught on 4).
Re. Cl. 14, Rankin discloses: A method of using a holding device (see Fig. 5d and 6a-7f), comprising: a) mounting the holding device (Fig. 1a), wherein a finger connector body of the holding device is mounted on a finger of a user (see Fig. 5d), such that the finger penetrates through a central finger aperture of the finger connector body (see Fig. 5d); and wherein a utensil connector body of the holding device is mounted on an elongated portion of a utensil (see Fig. 5d), such that the elongated portion penetrates through a central utensil aperture of the finger connector body (see Fig. 5d); and b) performing an activity using the holding device with the utensil connected to the holding device (Paragraph 0058 and 0059, law enforcement operations); wherein the holding device comprises: a finger connector piece (2, Fig. 1b), comprising: the finger connector body (see Fig. 1b), comprising the central finger aperture (see Fig. 1c); such that the finger connector body is configured to be mounted on the finger of a hand of the user (see Fig. 5d), such that the finger penetrates through the central finger aperture (see Fig. 5d); and a utensil connector piece (3, Fig. 1d), comprising: the utensil connector body, comprising the central utensil aperture (see Fig. 1d); such that the utensil connector body is configured to be mounted on the elongated portion of the utensil (see Fig. 5d), such that the elongated portion, penetrates through the central utensil aperture (see Fig. 5d); such that an inner end of the finger connector body is connected to an inner end of the utensil connector body (see Fig. 1a-d); and whereby, when the finger connector piece is mounted on the finger, the utensil connector piece is configured to provide a primary grip of the utensil, such that the hand of the user is free to provide fine motor control of the utensil (see Fig. 5d and 6a-7f).
Re. Cl. 15, Rankin discloses: the inner end of the finger connector body is connected to the inner end of the utensil connector body with a longitudinal connection angle in a range of 15 - 40 degrees (see Fig. 5a-5c, due to the flexible material used, the device can be flexed so that the finger connector body is angled relative to the utensil connector in the claimed range).
Re. Cl. 16, Rankin discloses: the inner end of the finger connector body is connected to the inner end of the utensil connector body with an axial rotational angle of 5 - 25 degrees (see Fig. 5a-5c, due to the flexible material used, the device can be flexed so that the finger connector body is angled relative to the utensil connector in the claimed range).
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.
Claims 4, 6-8, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Rankin in view of Zontos US 1424970 (hereinafter Zontos).
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Re. Cls. 4, 6-8 and 17-19, Rankin does not disclose the central utensil aperture is slot-shaped, such that the central utensil aperture is configured with an elongated opening (Cl. 4), the central utensil aperture is configured with a central opening, which is wider than inner and outer parts of the central utensil aperture, such that the central opening is configured to aid in holding the utensil, such that the elongated portion of the utensil is secured in the central opening (Cls. 6 and 17), the central utensil aperture is configured with an entire plurality of lateral ridges, comprising: a) an outer plurality of outer lateral ridges, which penetrate laterally from a top side of the utensil connector body to a bottom side of the utensil connector body on an outer side of the central opening; and b) an inner plurality of inner lateral ridges, which penetrate laterally from the top side of the utensil connector body to the bottom side of the utensil connector body on an inner side of the central opening (Cls. 7 and 18), or the entire plurality of lateral ridges is configured on a first inner elongated side of the central utensil aperture, such that the first inner elongated side is ribbed, and such that an opposing second inner elongated side of the central utensil aperture is flat (Cls. 8 and 19). Zontos discloses a holding device for elongate articles (Fig. 8) which includes a utensil aperture (see Fig. 8, between A and D) that is slot shaped such that the central utensil aperture is configured with an elongated opening (see Fig. 8); the central utensil aperture is configured with a central opening (see annotated figure 8), which is wider than inner and outer parts of the central utensil aperture (see annotated figure 8, the diameter of the central opening, measured from the top of the curved portion of D to surface A is wider than portions between the annotated ridges and A) such that the central opening is configured to aid in holding the utensil (shown schematically in Fig. 4), such that the elongated portion of the utensil is secured in the central opening (see Fig. 4); the central utensil aperture is configured with an entire plurality of lateral ridges (see annotated figure 8), comprising: a) an outer plurality of outer lateral ridges, which penetrate laterally from a top side of the utensil connector body to a bottom side of the utensil connector body on an outer side of the central opening (see annotated figure 8, lateral ridges to the left of the central opening); and b) an inner plurality of inner lateral ridges, which penetrate laterally from the top side of the utensil connector body to the bottom side of the utensil connector body on an inner side of the central opening (see annotated figure 8, lateral ridges to the right of the central opening); the entire plurality of lateral ridges is configured on a first inner elongated side of the central utensil aperture, such that the first inner elongated side is ribbed, and such that an opposing second inner elongated side of the central utensil aperture is flat (see Fig. 8, side D has the ridges whereas A does not).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the central utensil aperture to be shaped as disclosed by Zonto with reasonable expectation of success to enable the utensil to be adjusted within the connector piece. Such a modification would enable for different sized users to comfortably support the utensil relative to their hand for specific tasks/
Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rankin in view of Fearebay US 1956500 (hereinafter Fearebay).
Re. Cls. 9 and 20, Rankin does not disclose the finger connector body is configured with an inner slit, which protrudes from an inner side of the central finger aperture toward the utensil connector piece, such that the inner slit enables enhanced flexibility of the central finger aperture. Fearebay discloses a holding device (Fig. 3) which includes a connector body (1, Fig. 3) that is configured with an inner slit (see 2, closest to 3, Fig. 3) which protrudes from an inner side of the central finger aperture toward the utensil connector piece (see Fig. 3, 2 closest to 3 extends through 1 toward 4), such that the inner slit enables enhanced flexibility of the central finger aperture (Lines 48-52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Rankin device to be configured with a slit as disclosed by Rankin with reasonable expectation of success since Fearebay states that such a modification enables the body to be stretched over the object placed therein (Lines 48-52).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Rankin in view of Aguirre US 2005/0232682 (hereinafter Aguirre).
Re. Cl. 13, Rankin does not disclose a lanyard; wherein a first end of the lanyard is configured to be detachably connectable to the holding device, and wherein a second end of the lanyard is configured to be detachably connectable to a wrist of the user, whereby the lanyard is configured to aid in securing the holding device, if the user loses a grip of the holding device. Aguirre discloses a holding system (Fig. 1) which includes a holding device (32, Fig. 2) which supports a utensil (30) and a lanyard (26, Fig. 1); wherein a first end of the lanyard is configured to be detachably connectable to the holding device (see Fig. 2, via 40), and wherein a second end of the lanyard is configured to be detachably connectable to a wrist of the user (see Fig. 1, via 22), whereby the lanyard is configured to aid in securing the holding device, if the user loses a grip of the holding device (see Fig. 3, if the user loses grip of the device, the lanyard would function to keep it within the user’s reach).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Rankin device to have the lanyard of Aguirre with reasonable expectation of success since Aguirre states that such a modification would prevent everyday loss of the device by keeping it tethered to a user’s wrist (Paragraph 0009).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Utrilla US 1678578, Montgomery US 967410, Adams US 2012/0167348, Estes US 2017/0341460, and Porcelli US 6540421 discloses other known holding devices which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632