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 .
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KANG et al. (US 2019/0297942).
Kang teaches an apparatus comprising a main body (1910 in figure 19); and a pair of poking sticks, the pair including a first stick (1950) that is thinner and longer than a second stick (1940) of the pair.
Regarding claim 2, figure 19 shows the respective widths of cross-sections of the first stick (1950) become smaller towards the end of the first stick opposing the main body.
Regarding claim 3, figure 19 shows the respective widths of cross-sections of the second stick (1940) become smaller towards the end of the second stick opposing the main body.
Regarding claim 4, figure 19 shows the respective widths of cross-sections of the second stick (1940) first become smaller towards the end of the second stick opposing the main body and then become larger afterward until the end of the second stick.
Regarding claim 5, Kang teaches cross-sections of the first stick are circular (para. 0117).
Regarding claim 6, Kang teaches the cross-sections of the second stick are circular (para. 0117).
Claim(s) 1-6, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BAGWELL (US 2018/0199621).
Bagwell teaches an apparatus comprising a main body (203); and a pair of poking sticks, the pair including a first stick (205) and a second stick (204). Figures 3 and 4A show embodiments where the first sick (205) is thinner and longer than a second stick (204) of the pair.
Regarding claim 2, figures 3 and 4a show the respective widths of cross-sections of the first stick (205) become smaller towards the end of the first stick opposing the main body.
Regarding claim 3, figures 3 and 4a show the respective widths of cross-sections of the second stick (204) become smaller towards the end of the second stick opposing the main body.
Regarding claim 4, figures 3 and 4a show the respective widths of cross-sections of the second stick (204) first become smaller towards the end of the second stick opposing the main body and then become larger afterward until the end of the second stick.
Regarding claim 5, figures 3 and 7B show cross-sections of the first stick are circular.
Regarding claim 6, figures 3 and 7B show the cross-sections of the second stick are circular.
Regarding claim 13, figures 2A, 3, and 4A show the main body is u-shaped.
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) 7-12, 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KANG et al. (US 2019/0297942) in view of MAKBOUL (US 2017/0238601).
Kang teaches an apparatus comprising a main body (1910 in figure 19); and a pair of poking sticks, the pair including a first stick (1950) that is thinner and longer than a second stick (1940) of the pair. Kang is silent to the apparatus having gripping means.
Makboul teaches an apparatus for packing tobacco into smoking products. Makboul teaches that the apparatus comprises gripping means (240) located at a first interface between a main body and a first end and a second interface between the main body and a second end (see figure 9). It would have been obvious to one of ordinary skill in the art to add gripping means to a first interface between a main body and a first stick of Kang and a second interface between the main body and a second stick of Kang to aid the user in gripping the apparatus while in use.
Regarding claims 7-8, Makboul teaches that the gripping means is circular protrusions (para. 0059).
Regarding claims 9-10, Makboul teaches that the gripping means is rectangular protrusions (para. 0059).
Regarding claims 11-12, Makboul teaches that the gripping means are spiral protrusions (para. 0059).
Regarding claim 14, Kang teaches an apparatus comprising a main body (1910 in figure 19); and a pair of poking sticks, the pair including a first stick (1950) that is thinner and longer than a second stick (1940) of the pair. Figure 19 shows the respective widths of cross-sections of the first stick (1950) become smaller towards the end of the first stick opposing the main body. Kang is silent to the apparatus having gripping means.
Makboul teaches an apparatus for packing tobacco into smoking products. Makboul teaches that the apparatus comprises gripping means (240) located at a first interface between a main body and a first end and a second interface between the main body and a second end (see figure 9). It would have been obvious to one of ordinary skill in the art to add gripping means to a first interface between a main body and a first stick of Kang and a second interface between the main body and a second stick of Kang to aid the user in gripping the apparatus while in use.
Regarding claim 15, see the discussion of claims 7-8 above.
Regarding claim 16, see the discussion of claims 9-10 above.
Regarding claim 17, see the discussion of claims 11-12 above.
Regarding claim 18, Kang teaches an apparatus comprising a main body (1910 in figure 19); and a pair of poking sticks, the pair including a first stick (1950) that is thinner and longer than a second stick (1940) of the pair. Figure 19 shows the respective widths of cross-sections of the first stick (1950) become smaller towards the end of the first stick opposing the main body. Figure 19 shows the respective widths of cross-sections of the second stick (1940) first become smaller towards the end of the second stick opposing the main body and then become larger afterward until the end of the second stick. Kang is silent to the apparatus having gripping means.
Makboul teaches an apparatus for packing tobacco into smoking products. Makboul teaches that the apparatus comprises gripping means (240) located at a first interface between a main body and a first end and a second interface between the main body and a second end (see figure 9). It would have been obvious to one of ordinary skill in the art to add gripping means to a first interface between a main body and a first stick of Kang and a second interface between the main body and a second stick of Kang to aid the user in gripping the apparatus while in use.
Regarding claim 19, see the discussion of claims 11-12 above.
Regarding claim 20, see the discussion of claims 7-10 above.
Claim(s) 7-12, 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over BAGWELL (US 2018/0199621) in view of MAKBOUL (US 2017/0238601).
Bagwell teaches an apparatus comprising a main body (203); and a pair of poking sticks, the pair including a first stick (205) and a second stick (204). Figures 3 and 4A show embodiments where the first sick (205) is thinner and longer than a second stick (204) of the pair. Bagwell is silent to the apparatus having gripping means.
Makboul teaches an apparatus for packing tobacco into smoking products. Makboul teaches that the apparatus comprises gripping means (240) located at a first interface between a main body and a first end and a second interface between the main body and a second end (see figure 9). It would have been obvious to one of ordinary skill in the art to add gripping means to a first interface between a main body and a first stick of Bagwell and a second interface between the main body and a second stick of Bagwell to aid the user in gripping the apparatus while in use.
Regarding claims 7-8, Makboul teaches that the gripping means is circular protrusions (para. 0059).
Regarding claims 9-10, Makboul teaches that the gripping means is rectangular protrusions (para. 0059).
Regarding claims 11-12, Makboul teaches that the gripping means are spiral protrusions (para. 0059).
Regarding claim 14, Bagwell teaches an apparatus comprising a main body (203); and a pair of poking sticks, the pair including a first stick (205) and a second stick (204). Figures 3 and 4A show embodiments where the first sick (205) is thinner and longer than a second stick (204) of the pair. Figures 3 and 4a show the respective widths of cross-sections of the first stick (205) become smaller towards the end of the first stick opposing the main body. Bagwell is silent to the apparatus having gripping means.
Makboul teaches an apparatus for packing tobacco into smoking products. Makboul teaches that the apparatus comprises gripping means (240) located at a first interface between a main body and a first end and a second interface between the main body and a second end (see figure 9). It would have been obvious to one of ordinary skill in the art to add gripping means to a first interface between a main body and a first stick of Bagwell and a second interface between the main body and a second stick of Bagwell to aid the user in gripping the apparatus while in use.
Regarding claim 15, see the discussion of claims 7-8 above.
Regarding claim 16, see the discussion of claims 9-10 above.
Regarding claim 17, see the discussion of claims 11-12 above.
Regarding claim 18, Bagwell teaches an apparatus comprising a main body (203); and a pair of poking sticks, the pair including a first stick (205) and a second stick (204). Figures 3 and 4A show embodiments where the first sick (205) is thinner and longer than a second stick (204) of the pair. Figures 3 and 4a show the respective widths of cross-sections of the first stick (205) become smaller towards the end of the first stick opposing the main body. Figures 3 and 4a show the respective widths of cross-sections of the second stick (204) first become smaller towards the end of the second stick opposing the main body and then become larger afterward until the end of the second stick. Bagwell is silent to the apparatus having gripping means.
Makboul teaches an apparatus for packing tobacco into smoking products. Makboul teaches that the apparatus comprises gripping means (240) located at a first interface between a main body and a first end and a second interface between the main body and a second end (see figure 9). It would have been obvious to one of ordinary skill in the art to add gripping means to a first interface between a main body and a first stick of Bagwell and a second interface between the main body and a second stick of Bagwell to aid the user in gripping the apparatus while in use.
Regarding claim 19, see the discussion of claims 11-12 above.
Regarding claim 20, see the discussion of claims 7-10 above.
Conclusion
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741