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 .
DETAILED ACTION
The instant application having Application Number: 18/157,327 filed on 1/20/23 has a total of 20 claims pending for examination; there are 3 independent claims and 17 dependent claims, all of which are examined below.
Election/Restrictions
The restriction/election requirement dated 12/10/25 has been vacated.
Information Disclosure Statement
The Information Disclosure Statement(s) has been reviewed by the examiner and is found to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609.
Drawings
The drawing(s) have been reviewed by the examiner and are found comply with the provisions of 37 CFR 1.81 to 1.85.
Claim Objections
Claim 8 is objected to because of the following informalities:
With regards to claim 8, line 2 recites “portions separated by break” appears to be missing an indefinite article and is being interpreted as ---portions separated by a break---.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
With regards to claim 5, line 3 recites “a third post of a third climbing stick” and then recites in lines 7-8, “of the third post of the second climbing stick” which in combination, render the claim indefinite. It’s not clear that the second post (as introduced in claim 1) has a third post since line 7 of claim 1 only recites the second climbing stick having a second post and not a third one. Examiner interprets lines 7-8 of claim 5 to read ---of the third post of the third climbing stick---, which is similar to the limitations found within claim 10.
With regards to claim 7, line 2 recites “extends about post” which renders the claim indefinite. It’s not clear if to interpret the phrase as ---extends about the post--, --extends about the first post--- or ---extends about the second post--- being that a first post and a second post have already been recited at this point along the dependency of the claims.
Due to the vagueness and a lack of clear definiteness in the claims, the claims have been treated on their merits as best understood by the examiner.
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, 5-10, 16 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 5,109,954 to Skyba (hereinafter Skyba).
With regards to claims 1 and 16, Skyba teaches a climbing stick [figs 1-3A element 22] comprising:
a first post [figs 1-3A element 18 of element 22];
claws [figs 1-3A distal end of elements 48A, 48B away from post] projecting from the first post [figs 1-3A element 18 of element 22];
a first step [figs 1-3A elements 20] extending from the first post [figs 1-3A element 18 of element 22];
a second step [figs 1-3A elements 20] extending from the post [figs 1-3A element 18 of element 22]; and
a clip [figs 1-3A element 48B] for releasably connecting the first post [figs 1-3A element 18 of element 22] of the climbing stick [figs 1-3A element 22] to a second post [figs 1-3A element 18 of element 24] of a second climbing stick [figs 1-3A element 24], the clip [figs 1-3A element 48B] comprising:
a body [figs 1-3A part of element 48B that grip figs 1-3A element 18 of element 22] connected to the first post [figs 1-3A element 18 of element 22]; and
a pair of spaced resiliently flexible grippers [figs 1-3A part of element 48B that extend away from figs 1-3A element 18 of element 22] extending from the body [figs 1-3A element 18 of element 22] and forming a channel [figs 1-3A element 48B discloses a channel as shown] facing in a direction and sized to receive the second post [figs 1-3A element 18 of element 24] of the second climbing stick [figs 1-3A element 24] while the pair of spaced resiliently flexible grippers [figs 1-3A part of element 48B that extend away from figs 1-3A element 18 of element 22] grip opposite sides of the second post [figs 1-3A element 18 of element 24] of the second climbing stick [figs 1-3A element 24 - column 6 lines 8-35 – examiner notes in fig 3A, the dash lines perpendicular to the climbing sticks disclose how the stick posts engage the clip(s) elements 48. When the front of stick element 24 slides through the open bottom channel of element 48A, the rear part of stick element 24 snaps into element 48B].
With regards to claims 5 and 19, Skyba teaches the climbing stick of claim 1 further comprising:
a second clip [figs 1-3A element 48A] for releasably connecting the first post [figs 1-3A element 18 of element 22] of the climbing stick [figs 1-3A element 22] to a third post [figs 1-3A element 18 of element 26] of a third climbing stick [figs 1-3A element 18 of element 26], the second clip [figs 1-3A element 48A] comprising:
a second body [figs 1-3A part of element 48A that grip figs 1-3A element 18 of element 22] to be connected to the first post [figs 1-3A element 22]; and
a second pair of spaced resiliently flexible grippers [figs 1-3A part of element 48A that extend away from figs 1-3A element 18 of element 22] forming a second channel [figs 1-3A element 48A discloses a first channel closest to the post and a second channel furthest away from the post as shown] sized to receive the third post [figs 1-3A element 18 of element 26] of the third climbing stick [figs 1-3A element 26] while the second pair of spaced resiliently flexible grippers [figs 1-3A part of element 48A that extend away from figs 1-3A element 18 of element 22] grip opposite sides of the third post [figs 1-3A element 18 of element 26] of the second climbing stick [figs 1-3A element 26].
With regards to claims 6 and 20, Skyba teaches the climbing stick of claim 1, wherein the body [figs 1-3A part of element 48B that grip figs 1-3A element 18 of element 22] comprises a sleeve [figs 1-3A part of element 48B that grip figs 1-3A element 18 of element 22] configured to slide along the first post [figs 1-3A part of element 48B that grip figs 1-3A element 18 of element 22 is capable of sliding along element 18 for example during first installation].
With regards to claim 7, Skyba teaches the climbing stick of claim 6, wherein the sleeve [figs 1-3A part of element 48B that grip figs 1-3A element 18 of element 22] continuously extends about post in an uninterrupted fashion [column 6 lines 8-35 discloses elements 48 being made out of spaced apart sections of metal sheet stock. Metal sheet stock continuously extends in an uninterrupted fashion to make shape of elements 48. This is shown to grip around the posts in the drawings].
With regards to claim 8, Skyba teaches the climbing stick of claim 6, wherein the sleeve [figs 1-3A part of element 48B that grip figs 1-3A element 18 of element 22] has opposite edge portions separated by break [figs 1-3A part of element 48B that grip figs 1-3A element 18 of element 22 as shown, has two parallel distal edges away from the section that grips the post, the edges shown to be separated by a gap where a second post would fill].
With regards to claim 9, Skyba teaches the climbing stick of claim 6, wherein the sleeve [figs 1-3A part of element 48B that grip figs 1-3A element 18 of element 22] comprises first and second sleeve portions joined by a hinge.
With regards to claim 10, Skyba teaches the climbing stick of claim 6, wherein the clip further comprises a second pair of spaced resiliently flexible grippers [figs 1-3A part of element 48A that extend away from figs 1-3A element 18 of element 22] forming a second channel [figs 1-3A element 48A discloses a first channel closest to the post and a second channel furthest away from the post as shown] sized to receive a third post [figs 1-3A element 18 of element 26] of a third climbing stick [figs 1-3A element 26] while the second pair of spaced resiliently flexible grippers [figs 1-3A part of element 48A that extend away from figs 1-3A element 18 of element 22] grip opposite sides of the third post [figs 1-3A element 18 of element 26] of the third climbing stick [figs 1-3A element 26].
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 5,109,954 to Skyba (hereinafter Skyba) in view of US Patent No. 10,973,224 to Infalt et al. (hereinafter Infalt).
With regards to claim 13, Skyba teaches all of the above but is silent as to the climbing stick of claim 6, wherein the sleeve has a rectangular cross-section.
However, Infalt teaches a climbing stick [Infalt figs 29-30] having a sleeve [Infalt fig 30] that has a rectangular cross-section [Infalt fig 30 element 3002] for the benefit of providing improved stability and increase strength over other design choices [column 17 lines 46-62].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Skyba and Infalt to have the climbing stick [Infalt figs 29-30] have a sleeve [Infalt fig 30] that has a rectangular cross-section [Infalt fig 30 element 3002] for the benefit of providing improved stability and increase strength over other design choices [column 17 lines 46-62].
Allowable Subject Matter
Claims 2-4, 11-12, 14, 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With regards to claim 2, the prior art of record alone or in combination fails to teach or fairly suggest wherein the body is rotatably coupled to the first post for rotation between a first position in which a centerline of the channel extends parallel to a centerline of the first post and a second position in which the centerline of the channel extends perpendicular to the centerline of the first post, in combination with the other limitations found in the claim.
With regards to claims 3-4, due to their direct or indirect dependence from claim 2, they include allowable subject matter for at least the same reasons.
With regards to claim 11, the prior art of record alone or in combination fails to teach or fairly suggest wherein the clip further comprises a third channel facing in a third direction perpendicular to the first direction and opposite overhangs to grip about a cinch mount head of a third climbing stick, in combination with the other limitations found in the claim.
With regards to claim 12, due to its direct dependence from claim 11, it includes allowable subject matter for at least the same reasons.
With regards to claim 14, the prior art of record alone or in combination fails to teach or fairly suggest wherein the clip further comprises a cinch mount head connector projecting from the first post in a second direction perpendicular to the first direction, the cinch mount head connector being configured to receive a cinch mount head of a second climbing stick, in combination with the other limitations found in the claim.
With regards to claim 17, the prior art of record alone or in combination fails to teach or fairly suggest a cinch mount head connector projecting from the body in a second direction perpendicular to the first direction, the cinch mount head connector being configured to receive a cinch mount head of a third climbing stick, in combination with the other limitations found in the claim.
With regards to claim 18, due to its direct dependence from claim 17, it includes allowable subject matter for at least the same reasons.
Claim15 is allowed over the prior art of record.
The following is an examiner’s statement of reasons for allowance:
With regards to claim 15, the prior art of record alone or in combination fails to teach or fairly a third channel extending along an axis perpendicular to the first direction and the second direction, the third channel configured to receive portions of a cinch mount of a fourth tree climbing stick, in combination with the other limitations found in the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication No. 20070235608 to Blye et al. teaches a clamp for attaching a cylindrical element to another cylindrical element.
US Patent No. 4,774,792 to Balance teaches a securing clip that secures a cylindrical frame to another cylindrical frame.
US Patent No. 5,161,909 to Crouse et al. teaches a clip that engages the sides of two ladders in parallel
US Patent No. 11,808,085 to Power, II et al. teaches using a resiliently compressible securing element such as an O-ring to increase the friction between two climbing sticks so that they can nest for easy transport and storage.
US Patent No. 4,617,775 to Padrun teaches clips that engage a cylindrical element to another cylindrical element.
US Patent No. 3,483,996 to Scammon teaches a vertical structure having a slidable sleeve-like clip that can hold horizontally placed golf clubs having cylindrical bodies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E MARTINEZ whose telephone number is (571)272-4152. The examiner can normally be reached Monday-Friday 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel P Cahn can be reached on (571)270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEM
/DAVID E MARTINEZ/Primary Examiner, Art Unit 3634
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