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 § 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) 1-14 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins, Jr. (US 5,439,072) in view of Neubauer (US 9,616,317).
Jenkins, Jr. disclose:
1. A tree climbing stick assembly (fig 3), comprising:
a post (16, 17; fig 2A) supporting at least one step (5, fig 2A) and having at least two sections (16, 17) of the post disposed in telescopic relation with each other (fig 2A vs 2B) for longitudinal telescopic movement between an extended position (fig 2A) in which opposite ends of the post are spaced a first distance from one another (fig 2A) and a collapsed position (fig 2B) in which the opposite ends of the post are spaced a second distance from one another that is less than the first distance (fig 2B);
a wrap (7, fig 2B) extendable about a tree (28, fig 3) and securable to the assembly for attaching the assembly to a tree to be climbed (fig 3);
a releasable lock (23, fig 2a) for securing the at least two sections releasably in the extended position (fig 2A).
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Jenkins, Jr. does not disclose a tether secured to each of the at least two sections and preventing longitudinal separation of the upper and lower sections independent of the releasable lock.
However, Neubauer et al. teach: a tether (94, figure 15) secured to each of the at least two sections (22, 18, figure 5) and preventing longitudinal separation of the upper (22) and lower (18) sections independent of the releasable lock (48, figure 5).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tree climbing stick assembly of Jenkins, Jr. with a tether secured to each of the at least two sections, preventing longitudinal separation of the upper and lower sections independent the release lock, as taught by Neubauer et al., providing a stop assembly so as to avoid accidental separation of the telescoping components when extended (col. 2, lines 34-41).
With respect to claims 2-9 and the tether of Neubauer et al.,
2. The assembly of claim 1, wherein the tether (94) comprises a flexible line (disclosed as a “cord”).
3. The assembly of claim 2, wherein the flexible line comprises a length of high tensile (“non-elastic cord”) braided rope (while Neubauer et al. disclose the cord to be a non-elastic cord they do not specify it to be braided rope. However, examiner points to MPEP 2144.07 Art Recognized Suitability for an Intended Purpose, regarding specific material choices).
MPEP 2144.07 Art Recognized Suitability for an Intended Purpose
The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (Claims to a printing ink comprising a solvent having the vapor pressure characteristics of butyl carbitol so that the ink would not dry at room temperature but would dry quickly upon heating were held invalid over a reference teaching a printing ink made with a different solvent that was nonvolatile at room temperature but highly volatile when heated in view of an article which taught the desired boiling point and vapor pressure characteristics of a solvent for printing inks and a catalog teaching the boiling point and vapor pressure characteristics of butyl carbitol. "Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle." 325 U.S. at 335, 65 USPQ at 301.).
See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious); Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988) (Claimed agricultural bagging machine, which differed from a prior art machine only in that the brake means were hydraulically operated rather than mechanically operated, was held to be obvious over the prior art machine in view of references which disclosed hydraulic brakes for performing the same function, albeit in a different environment.).
4. The assembly of claim 1, wherein the at least two sections define an interior space and wherein the tether is contained within the interior space (figure 15).
5. The assembly of claim 4, wherein the at least two sections (18, 22) are each tubular (figure 4).
6. The assembly of claim 5, including a first cross pin (82, figure 5) secured to one (18) of the at least two sections (18, 22) and supporting one end of the tether (figure 5).
7. The assembly of claim 6, including a second cross pin secured to the other of the at least two sections and supporting an opposite end of the tether (unnumbered flange that secures the upper end of 94 to 22; figure 5)
8. The assembly of claim 7, wherein the tether has a length that is at least equal to a longitudinal spacing between the cross pins when in the at least two sections are in the extended position (figure 15).
9. The assembly of claim 1 wherein the tether retains the at least two sections together in the event the at least two sections are telescoped beyond the extended position (by their connections to tubes 18 and 22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tree climbing stick assembly of Jenkins, Jr. with a tether secured to each of the at least two sections, preventing longitudinal separation of the upper and lower sections independent the release lock, as taught by Neubauer et al., providing a stop assembly so as to avoid accidental separation of the telescoping components when extended (col. 2, lines 34-41).
Jenkins et al. disclose:
10. The assembly of claim 1, wherein the locking device (23-25) comprises at least one spring- biased button (23) carried by one of the at least two sections that is slideable within the other of the at least two sections during movement between the collapsed (figure 2B) and extended positions (figure 2A) and wherein the other of the at least two sections includes at least one detent (25) associated with the extended position for releasably registering the button to lock the telescopic sections in the extended use condition (figure 2A).
11. The assembly of claim 10 wherein the first detent (25) associated with the extended position is open to the exterior of the other telescopic section (figure 2A) and the button (23) is visible and manually depressible by a user for retracting the button from registration with the first detent to enable sliding movement of the at least two sections from the extended position (figure 2A) toward the collapsed condition (figure 2B).
12. The assembly of claim 10, wherein the locking device further includes a second detent (24) associated with the collapsed position (figure 2B) for releasably registering the button (23) when moved to the collapsed position (figure 2B).
Re: claim 13, Jenkins, Jr. does not disclose wherein the second detent is concealed from outside the assembly and the button is retractable from the second detent in response to applying a bodily extension force on the telescopic sections. However, Neubauer teaches wherein the second detent (62) is concealed from outside the assembly (figure 6) and the button (56) is retractable from the second detent in response to applying a bodily extension force on the telescopic section (figures 5-6).
14. The assembly of claim 13, wherein the button provides greater resistance to sliding movement when registered in the first detent (figure 5) than when registered in the second detent (figure 6).
Re: claim 22, Jenkins, Jr. discloses:
22. A tree climbing stick assembly (figure 3) comprising:
a central body having upper (16) and lower (17) telescopic sections slideable relative to one another (figures 2A-2B) for adjusting the distance between longitudinally opposite ends of the body (figure 2A) and supporting at least one upper step (5) and at least one lower step (3);
a tree mount (7, figure 2B) for attaching the body to a tree to be climbed (figure 3); and
a primary locking device (23-25) for releasably locking the upper (16) and lower (17) sections in an extended use position (figure 2A).
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Jenkins, Jr. does not disclose a secondary back-up locking device operative when the sections are extended beyond the extended position to hold the sections from longitudinal separation.
However, Neubauer et al. teach: a secondary back-up locking device (94, figure 15) operative when the sections are extended beyond the extended position to hold the sections from longitudinal separation (by the connections to 18 and 22).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tree climbing stick assembly of Jenkins, Jr. with a secondary back-up locking device operative when the sections are extended beyond the extended position to hold the sections from longitudinal separation, as taught by Neubauer et al., providing a stop assembly so as to avoid accidental separation of the telescoping components when extended (col. 2, lns 34-41).
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins, Jr. in view of Neubauer as applied to claims 1, 10 and 12 above, and further in view of Balint et al. (US 4,325,157). Neither Jenkins or Neubauer teach wherein the locking device includes a longitudinal groove extending between the first and second detents for guiding the button during movement between the extended and collapsed position of the at least two sections.
However, Balint et al. teach:
15. The assembly of claim 12, wherein the locking device includes a longitudinal groove (42) extending between the first and second detents (38, 38) for guiding the button (by preventing the tubular sections from rotating) during movement between the extended and collapsed position of the at least two sections (20, 22; figure 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the tree climbing stick assembly of Jenkins with a longitudinal groove, as taught by Balint et al. so as to prevent the telescoping sections from rotating during extension and collapsing, therefore maintaining the alignment of the spring button and line of receiving apertures.
Re: claim 16, Jenkins disclose wherein the at least two sections each comprise metallic tubes (col. 3, lines 64-67).
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins, Jr. in view of Neubauer et al. as applied to claim 1 above, and further in view of Niemela (US 9,631,428). While Jenkins discloses coupling one tree climbing assembly with another tree climbing assembly for a compact storage configuration, they do not disclose magnetic coupling portions for magnetically coupling one tree climbing assembly with another tree climbing assembly.
However, Niemela, teaches:
20. The assembly of claim 1, including magnetic coupling portions (col. 9, lines 10-14).
21. The assembly of claim 20, wherein the magnets having positive and negative poles for magnetically coupling (basic coupling function of magnets) one tree climbing assembly with another tree climbing assembly (col. 9, lines 10-14; figure 9). As for the magnetic couplings portions including rare earth magnets, examiner again points to MPEP 2144.07 Art Recognized Suitability for an Intended Purpose, regarding obviousness of material choices for an intended purpose (“Reading a list and selecting a known compound to meet known requirements is no more ingenious than selecting the last piece to put in the last opening in a jig-saw puzzle." 325 U.S. at 335, 65 USPQ at 301.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tree climbing stick assembly of Jenkins with magnetic coupling portions for magnetically coupling one tree climbing assembly one another tree climbing assembly, as taught by Niemela, for retaining the body portions in the compact stacked configuration (Niemela, col. 9, lines 10-14; figure 9).
Claim(s) 1, 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins, Jr. (US 5,439,072) in view of McMillan, III (US 2010/0254751).
Jenkins, Jr. disclose:
1. A tree climbing stick assembly (figure 3), comprising:
a post (16, 17; figure 2A) supporting at least one step (5, figure 2A) and having at least two sections (16, 17) of the post disposed in telescopic relation with each other (figure 2A vs 2B) for longitudinal telescopic movement between an extended position (figure 2A) in which opposite ends of the post are spaced a first distance from one another(figure 2A) and a collapsed position (figure 2B) in which the opposite ends of the post are spaced a second distance from one another that is less than the first distance (figure 2B);
a wrap (7, figure 2B) extendable about a tree (28, figure 3) and securable to the assembly for attaching the assembly to a tree to be climbed (figure 3);
a releasable lock (23, figure 2a) for securing the at least two sections releasably in the extended position (figure 2A).
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Jenkins, Jr. does not disclose a tether secured to each of the at least two sections and preventing longitudinal separation of the upper and lower sections independent of the releasable lock.
However, McMillon, III teaches:
a tether (138, figure 8) secured to each of the at least two sections (figure 7) and preventing longitudinal separation of the upper and lower sections independent of the releasable lock (by the connections at the upper and lower ends of 148 to the respective two sections).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the tree climbing stick assembly of Jenkins, Jr. with a tether secured to each of the at least two sections, preventing longitudinal separation of the upper and lower sections independent the release lock, as taught by McMillon, III, limiting the extension of the sections, so as to avoid accidental separation of the telescoping components when extended.
Re: claim 10, Jenkins, Jr. disclose: wherein the locking device (23-25) comprises at least one spring- biased button (23) carried by one of the at least two sections that is slideable within the other of the at least two sections during movement between the collapsed (figure 2B) and extended positions (figure 2A) and wherein the other of the at least two sections includes at least one detent (25) associated with the extended position for releasably registering the button to lock the telescopic sections in the extended use condition (figure 2A).
Re: claim 19, Jenkins, Jr. does not disclose wherein the at least one button comprises a pair of spring- biased buttons. However, McMillon, III teaches wherein the at least one button comprises a pair of spring- biased buttons (118, 158, figure 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date the claimed invention to provide the climbing stick assembly of Jenkins, Jr. with a pair of spring biased buttons, as taught by McMillon, to create a more secure locking mechanism between the two telescoping sections.
Allowable Subject Matter
Claims 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 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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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634