DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on July 8, 2025 in which claims 12-18 are presented for examination. Claims 1-11 have been withdrawn.
Election/Restrictions
Applicant’s election of Group II in the reply filed on 07/08/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 12-18 read on the elected invention.
Claims 1-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 13-18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites “wherein when the plurality of flexible panels are attached to the frame”, which is indefinite, because a step of attaching the panels to the frame was not specifically set forth, previously. It is unclear how this is related to the step of “weaving each of the plurality of flexible panels to the frame” as recited in claim 12. That is, it is unclear if the recitation “wherein when the plurality of flexible panels are attached to the frame” is referring to the weaving of the panels to the frame, or whether a separate attaching step is being referred to.
All dependent claims are rejected for depending from a rejected base claim.
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 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.
Claims 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dilbey (US 4,000,344).
Regarding claim 12, Dilbey teaches, A method comprising: obtaining a frame and a plurality of flexible panels, each of the plurality of flexible panels being provided with a plurality of slits (a method comprising: obtaining 4 and a plurality of flexible panels (strips 1,2), each of the plurality of flexible panels (1,2) being provided with a plurality of slits (the hole within each strip 1,2 forms a slit as claimed; see Fig. 1), and weaving each of the plurality of flexible panels to the frame through at least one of the plurality of slits, such that each of the plurality of flexible panels forms a plurality of loops by compressing the plurality of flexible panels to each other (and weaving each of the plurality of flexible panels (1,2) to 4 through at least one of the plurality of slits (see Fig. 1; col. 2, line 59 through col. 3, line 11; col. 3, line 65 through col. 4, line 4; col. 4, lines 21-52; col. 5, lines 28-34), such that each of the plurality of flexible panels (1,2) forms a plurality of loops (each square of the net shape is a “loop” as broadly recited in claim 12) by compressing the plurality of flexible panels to each other (the strips 1,2 are compressed together at their intersections 3, 9, when held taut, to form the loops; see Fig. 1; col. 4, lines 5-12 and 18-20). Examiner notes: the strips 1,2 may be formed by a “strap” structure (see col. 2, lines 34-36), and such a strap forms a “flexible panel” as recited in claim 12. The border cord 4 forms a “frame” as recited in claim 12. See annotated figure below, which indicates the “loop” structure formed by the plurality of flexible panels 1,2. That is, the net structure forms interconnected loops as shown below. Each of the plurality of flexible panels 1,2 forms a “plurality of loops” since each strip 1,2 forms a part of different (plural) loops, as seen in the second annotated figures below.
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Regarding claim 13, Dilbey teaches, wherein when the plurality of flexible panels are attached to the frame, the plurality of flexible panels are successively applied to the frame(see successively attached strips 1,2 extending along the frame 4; Figs. 1 and 5; col. 3, lines 5-11; col. 5, lines 28-40) and the plurality of loops are each attached to the frame and are disposed along the frame (see loops of the net which are adjacent the frame 4 and attached thereto, along the periphery of the frame 4; Figs. 1 and 5).
Regarding claim 14, Dilbey teaches, wherein weaving of each of the plurality of flexible panels includes weaving each of the plurality of flexible panels to a plurality of straps of the frame through at least one of a plurality of slits (weaving of each of the plurality of flexible panels (1,2) includes weaving each of the plurality of flexible panels (1,2) to a plurality of straps of the frame through at least one of a plurality of slits (each linear border formed by part 4 forms a strap of the overall frame; see annotated figure below, indicating the straps of the frame). The panels 1,2 are attached to the straps (linear edges formed by border 4) via slits in the panels 1,2 and slits in the frame strap 4 (see intersection 5 shown close-up in Fig. 1, showing these slits; col. 5, lines 28-34).
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Regarding claim 15, Dilbey teaches, wherein when the plurality of flexible panels are attached to the frame, a common loop of the plurality of loops is attached to at least two straps of the plurality of straps (when the plurality of flexible panels (1,2) are attached to 4, a common loop of the plurality of loops (see loop shown in Fig. 1) is attached to at least two straps of the plurality of straps (the two sides of the frame 4 form two straps to which the loop is attached, as seen in Fig. 1). See annotated figure below; the loop is attached to the vertical strap of the frame and the horizontal strap of the frame.
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Regarding claim 16, Dilbey teaches, wherein one of the plurality of straps includes a slit and an engagement part configured to engage with the slit of the straps (the strap formed by a linear edge of frame 4 has a hole which forms a slit as claimed; see Fig. 1 and col. 5, lines 28-34; the inner surface of the slit forms an engagement part of the slit since it holds the part 6 to the strap 4; see Fig. 1).
Regarding claim 17, Dilbey teaches, further comprising attaching the plurality of straps to a base of the frame (further comprising attaching the plurality of straps (linear edges of frame 4) to a base (19 or 54) of the frame (the tying cord 19 in Fig. 4 or the lifting strap 54 in Fig. 5 forms a “base” as broadly recited in claim 17).
Claims 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swasey (2,402,709).
Regarding claim 12, Swasey teaches, A method comprising: obtaining a frame and a plurality of flexible panels, each of the plurality of flexible panels being provided with a plurality of slits (a method comprising: obtaining 15 and a plurality of flexible panels (webbing 10; Figs. 1-2), each of the plurality of flexible panels (10) being provided with a plurality of slits (11), and weaving each of the plurality of flexible panels to the frame through at least one of the plurality of slits, such that each of the plurality of flexible panels forms a plurality of loops by compressing the plurality of flexible panels to each other (and weaving each of the plurality of flexible panels (10) to 15 through at least one of the plurality of slits (11, see Fig. 1; col. 3, lines 36-50 and 67-74; col. 4, lines 63-70), such that each of the plurality of flexible panels (10) forms a plurality of loops (the pushing of adjacent panels together, as shown in Fig. 3, is considered to be “compressing” of the panels to each other as claimed; when the panels 10 are compressed together, as shown in Fig. 3, loops of the webbing are formed on the sides of the opening). Specifically, Swasey discloses that the panels 10 are loosely woven to permit “substantial displacement or shifting of the strips relatively to one another” (col. 3, lines 67-70), and the panels have a “desired looseness or freedom relatively to each other for producing a desired irregularity of pattern” (col. 4, lines 10-14). Two adjacent panels 10’ and two adjacent panels 10’’ on each side of the desired opening to be formed may be pushed together on each side of the opening (thus being compressed together per claim 12), as disclosed in col. 4, lines 35-48). These eight panels being compressed together forms the opening, which may be large enough to permit a man to crawl through the net (col. 4, lines 16-19), and therefore forms loops of panel (outwardly extending curved regions of panels 10) on all sides of the opening (see col. 4, lines 10-62 describing the formation of the curved (looped) portions of panels 10 around the opening). Swasey also discloses that the net has a “crumpled” (looped) appearance (col. 4, lines 59-62).
Regarding claim 13, Swasey teaches, wherein when the plurality of flexible panels are attached to the frame, the plurality of flexible panels are successively applied to the frame (col. 6, lines 23-36) and the plurality of loops are each attached to the frame and are disposed along the frame (the loops formed around an opening which is near the frame 15, i.e. an opening near and edge, would be attached to the frame 15 and disposed along the frame 15 as claimed).
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Examiner notes: the cord 15 and the outermost panels 10’ and 10’’ (i.e. those panels around the periphery of the net) may together be considered to form the “frame” of the net since they extend around the periphery. See annotated figure below; the left portion of cord 15, leftmost vertical strip 10’, upper portion of cord 15, and uppermost horizontal strip 10” form the upper left portion of the frame. The entire “frame” would include these corresponding portions along the rest of the periphery of the net. The portion within the bold lines in annotated figure below is considered to form the frame, per this interpretation of Swasey.
Based on the above interpretation of Swasey (see annotated figure above), the plurality of flexible panels are successively applied to the frame (col. 6, lines 23-36) and the plurality of loops are each attached to the frame and are disposed along the frame as in claim 13 (the loops formed around an opening which is near the periphery of the net, adjacent or within outermost strips 10’, 10’’, would be attached to the frame 15 and disposed along the frame 15 as claimed).
Regarding claim 14, Swasey teaches, wherein weaving of each of the plurality of flexible panels includes weaving each of the plurality of flexible panels to a plurality of straps of the frame through at least one of a plurality of slits (the strips 10’, 10’’ adjacent the outermost strips 10’, 10’’ which form part of the frame, meet this limitation; see annotated figure above).
Regarding claim 15, Swasey teaches, wherein when the plurality of flexible panels are attached to the frame, a common loop of the plurality of loops is attached to at least two straps of the plurality of straps (when the plurality of flexible panels (10’, 10’’) are attached to (frame shown in annotated figure above), a common loop of the plurality of loops is attached to at least two straps of the plurality of straps (a loop formed around an opening in the net near the periphery of the net would be attached to at least two straps of the frame, i.e. the loop would be attached to the peripheral straps 10’, 10’’ per annotated figure above).
Regarding claim 16, Swasey teaches, wherein one of the plurality of straps includes a slit and an engagement part configured to engage with the slit of the straps (wherein one of the plurality of straps (peripheral strips 10’, 10’’ shown in annotated figure above) includes a slit (11) and an engagement part (selvage edge) configured to engage with the slit of the straps (the selvage edges along the slit, which prevent raveling, form an “engagement part” as claimed; col. 3, lines 44-48)).
Regarding claim 17, Swasey teaches, further comprising attaching the plurality of straps to a base of the frame (further comprising attaching the peripheral strips 10’, 10’’, which form the frame straps (see annotated figure above) to the cord 15 meets the claim limitations. The cord 15 forms a “base” of the frame. Thus, the method comprises attaching the plurality of straps (peripheral straps 10’, 10’’) to a base (15) of the frame (see annotated figure above)).
Claim Rejections - 35 USC § 103
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 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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Dilbey (4,000,344) in view of Ackerman (5,772,371).
Regarding claim 18, Dilbey teaches, wherein the attaching of the plurality of straps including passing the plurality of straps through a plurality of slots of the base, respectively (a plurality of straps of the frame 4 (the linear edges along frame 4) are attached to a base (54) of the frame (Fig. 5). As noted above with respect to claim 17, the lifting straps 54 form a “base” of the frame as claimed, see Fig. 5).
While Dilbey discloses attaching the plurality of straps (edges of frame 4) to the base 54 “by known means” (col. 6, lines 49-52). Dilbey does not disclose this attachment is formed by “passing the plurality of straps through a plurality of slots of the base, respectively”.
Ackerman teaches, a mechanism for fastening parts of a net together. The mechanism comprises a ring 1 having a tethering eyelet 4 and two “gapes” 3 to form a tensioning fitting for the net strands (Fig. 1; col. 3, lines 28-33). Ackerman teaches that this mechanism provides improved tensioning of the net under load (col. 1, lines 1-7 and 39-56).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to attach the straps (sides of frame 4) of Gilbey to the base (straps 54) using the mechanism of Ackerman in order to provide improved tensioning as taught by Ackerman.
Therefore, as combined above, using such a mechanism of Ackerman in the method of Gilbey, the straps (sides of frame 4) would be passed through a plurality of slots (slots 3 in mechanism 1 of Ackerman) of the base, respectively (the mechanism 1 forming a part of the base).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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