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 Montalbo US 3621853.
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Montalbo discloses a tool capable of peeling a weight from a rim of a wheel comprising a handle (12) and a string (44) supported on the handle, wherein the string is capable of being loaded with an adequate tension so that the handle is maneuverable to use the string and capable of peeling the weight from the rim.
As for claim 2, Montalbo discloses wherein the handle (12) comprises a grip (end portion of 12) and a bow (14, 16) formed at an end of the grip (see annotated Figure above), wherein the bow comprises two branches (vertical extended end of 12 and 16), wherein the string comprises two ends (see annotated Figure above and Figs. 1-3) connected to the branches so that a middle point of the string is at a distance from a middle point of the bow.
As for claim 3, Montalbo discloses two fasteners (25 and 34) and for connecting the ends of the string to the branches (see Figure above).
As for claim 4, Montalbo discloses wherein each of the fasteners (25 and 34) comprises a screw hole (22, 30) made in a corresponding one of the branches and a screw (25 and 34) inserted in the screw hole to hold a corresponding one of the ends of the string.
As for claim 5, Montalbo discloses wherein each of the branches comprises an aperture (22, 30) for receiving a corresponding one of the ends of the string.
As for claim 6, Montalbo discloses wherein the grip transversely extends from one of the branches (see annotated Figure above, grip extends from branch end).
Claim(s) 1-2 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potter US D309803.
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Potter discloses in Fig. 2 a tool capable of peeling a weight from a rim of a wheel comprising a handle and a string supported on the handle, wherein the string is capable of being loaded with an adequate tension so that the handle is maneuverable to use the string and capable of peeling the weight from the rim.
As for claim 2, Potter discloses in Fig. 2 wherein the handle comprises a grip and a bow formed at an end of the grip (see annotated Figure above), wherein the bow comprises two branches, wherein the string comprises two ends (see annotated Figure above) connected to the branches so that a middle point of the string is at a distance from a middle point of the bow
As for claim 7, Potter discloses wherein the grip extends in-line from one of the branches (see annotated Figure).
Claim(s) 1-2 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Espinosa US 3769396.
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Espinosa discloses a tool capable of peeling a weight from a rim of a wheel comprising a handle (11) and a string (16) supported on the handle, wherein the string is capable of being loaded with an adequate tension so that the handle is maneuverable to use the string and capable of peeling the weight from the rim.
As for claim 2, Espinosa discloses wherein the handle (11) comprises a grip and a bow (12, 13) formed at an end of the grip, wherein the bow comprises two branches (12, 13), wherein the string comprises two ends (18, 17) connected to the branches (via 14 and 15) so that a middle point of the string is at a distance from a middle point of the bow
As for claim 8, Espinosa discloses wherein the grip (11) extends from a middle point (see Fig. 1 above) of the bow (13, 14).
As for claim 9, Espinosa discloses wherein the grip extends in parallel to the branches (see Fig. 1 above).
As for claim 10, Espinosa discloses a transient portion formed between the grip and the bow.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723